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21SJCOG, Inc. After this project is approved by the Habitat Technical Advisory Committee and the SJCOG Inc. Board, the following process must occur to participate in the SJMSCP: Schedule a SJMSCP Biologist to perform a pre -construction survey prior to any ground disturbance SJMSCP Incidental take Minimization Measures and mitigation requirement: 1. Incidental Take Minimization Measures (ITMMs) will be issued to the project and must be signed by the project applicant prior to any ground disturbance but no later than six (6) months from receipt of the ITMMs. If ITMMs are not signed within six months, the applicant must reapply for SJMSCP Coverage. Upon receipt of signed ITMMs from project applicant, SJCOG, Inc. staff will sign the ITMMs. This is the effective date of the ITMMs. 2. Under no circumstance shall ground disturbance occur without compliance and satisfaction of the ITMMs. 3. Upon issuance of fully executed ITMMs and prior to any ground disturbance, the project applicant must: a. Post a bond for payment of the applicable SJMSCP fee covering the entirety of the project acreage being covered (the bond should be valid for no longer than a 6 month period); or b. Pay the appropriate SJMSCP fee for the entirety of the project acreage being covered; or C. Dedicate land in -lieu of fees, either as conservation casements or fee title; or d. Purchase approved mitigation bank credits. 4. Within 6 months from the effective date of the ITMMs or issuance of a building permit, whichever occurs first, the project applicant must: a. Pay the appropriate SJMSCP for the entirety of the project acreage being covered; or b. Dedicate land in -lieu of fees, either as conservation easements or fee title; or C. Purchase approved mitigation bank credits. Failure to satisfy the obligations of the mitigation fee shall subject the bond to be called. Receive your Certificate of Payment and release the required permit It should be noted that if this project has any potential impacts to waters of the United States [pursuant to Section 404 Clean Water Act], it would require the project to seek voluntary coverage through the unmapped process under the SJMSCP which could take up to 90 days. It may be prudent to obtain a preliminary wetlands map from a qualified consultant. If waters of the United States are confirmed on the project site, the Corps and the Regional Water Quality Control Board (RWQCB) would have regulatory authority over those mapped areas [pursuant to Section 404 and 401 of the Clean Water Act respectively] and permits would be required from each of these resource agencies prior to grading the project site. If you have any questions, please call (209) 235-0600. Planning Commission Staff Report 16 PA -1900240 (SA), PA -2000014 (ER), PA -2000019 (DA) Response Letters