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3. UNITED STATES FISH AND WILDLIFE SERVICE: (See the attached letter dated March 24, <br /> 1998. <br /> 4. CALIFORNIA DEPARTMENT OF FISH AND GAME: (Staff Contact: Dan Gifford, 369-8851) <br /> a. PRECONSTRUCTION SURVEY: Within 60 days prior to the beginning of each phase <br /> of construction activities, or any project activity likely to impact the San Joaquin Kit Fox, <br /> the applicant shall retain a qualified biologist to conduct a pre-construction survey of the <br /> affected area. If active den sites are identified, the applicant shall develop and <br /> implement remedial programs in consultation with the United States Fish and Wildlife <br /> Service and the California Department of Fish and Game. If no active dens are found <br /> during pre-construction surveys, a letter report documenting the survey methodology and <br /> findings shall be submitted to the San Joaquin County Community Development <br /> Department, U. S. Fish and Wildlife, and California Department of Fish and Game for <br /> review and approval, and no further mitigation will be required. <br /> b. ENDANGERED SPECIES ACT: In carrying out the operations of the project, the applicant <br /> shall take no action that violates the provisions of the Endangered Species Act, the California <br /> Endangered Species Act, or any other laws or regulations pertaining to the protection of <br /> species. Compliance with said laws shall be the sole responsibility of the applicant, and the <br /> applicant agrees to indemnify, defend, and hold the County harmless from and against any <br /> claim or action by affected federal or state agencies as to the project's compliance with said <br /> laws. <br /> Conditions of Approval - 2 - SA-98-9 <br />