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18. <br /> <br />19. <br /> <br />20. <br /> <br />21. <br /> <br />22. <br /> <br />badger, the san Joaquin pocket mouse, the ferruginous hawk, the merlins, the Northern <br />harrier, the golden eagle, the prairie falcon, the rtl-colored blackbird, the loggerhead <br />shrike, the bun'owing owl, the California tiger salamander, and the red-legged frog. The <br />program shalI include performance standards and a monitoring schedule. <br /> <br />The mitigatioN program shall be monitored annually for five years (minimum, or a period <br />agreed upon by the operator in consultation with FWS and DFG) after implementation to <br />assure the si~ccess of the mitigation, as determined by evaluation of performance <br />standards and success criteria based on FWS and DFG requiremems and standards. If at <br />any point during the five-year monitoring period, the mitigation plan is judged to have <br />not been successful, the mitigation shall be reinitiated, after modification as necessary, <br />and monitored for a succeeding five-year period. <br /> <br />If required by the FWS or the DFG, the operator shall conduct surveys at appropriate <br />times of the year for the Townsends westem big-eared bat, the pallid bat, the California <br />mastiff bat, the California homed lizard, the San Joaquin whipsnake, the Ricksecker's <br />water scavenger beetle, the curved-foot hygrotus beetle and the Molester's blister beetle. <br />If these surveys reveal the presence of any of these species, the operator shall consult <br />with FWS an~t DFG to determine suitable mitigation, based on measures presented in the <br />FEIR as applicable. The operator shall implement measures as required by the FWS or <br />the DFG. <br /> <br />The operato~ shall conduct FWS- and DFG-approved pre-construction surveys at <br />appropriate times of the year for the San Joaquin kit fox, the American badger, the tri- <br />colored blackbird, the loggerhead shrike, and burrowing owls. Prior to the filling of <br />existing points, the operator shall conduct surveys for tadpoles and adult western <br />spadefoot toad. If any of these surveys reveal the presence of any of these species, the <br />operator shalll either avoid or relocate the animals as determined appropriate by the FWS <br />or the DFG. <br /> <br />Long-term maintenance of the mitigation lands shall be the responsibility of the operator <br />with the assistance of qualified consultants or consultation with state and federal agency <br />staff, until it ~an find a qualified agency or private organization to takeover the long-term <br />maintenance responsibility. Selection of the management entity shall be made based on <br />its ability to Carry out the long-term maintenance requirements and its commitment to <br />goals consistent with the long-term maintenance requirements. Selection of the <br />management ~ntity shall be subject to FWS, DFG, and County approval. If a long-term <br />management ~ntity is identified, selected and approved by FWS, DFG, and the County, <br />the management entity, through a legally binding agreement, shall assume the <br />maintenance and management responsibility of the San Joaquin kit fox mitigation areas <br />in perpetuity. <br /> <br />No chemicalsi (e.g., rodenticides, herbicides) shall be applied in areas used for mitigation <br />habitat, or ini areas within one mile of known San Joaquin kit fox occurrences during <br />construction and operational phases of the landfill. (This measure is not meant to <br />preclude use 0f rodenticides within the operating landfill footprint). If chemical rodent <br />control must be conducted at the ALRRF, zinc phosphide or other County approved <br /> <br />12-B <br /> Final Altamont Settlement - Exhibit B <br /> <br /> <br />