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secoud~ry ~nces uroun~ ~ct~¥e ope~tions, ~,~l~n~ ui in%s ith mns <br /> (connected t~ a security service), ~d main~ir~n~ security lighting. <br /> <br /> BIOLOGICAL RE .8~URCES <br /> <br /> 16. The operatoi shall set aside a total of 750 acres for biological habitat mitigation and <br /> buffer area iff Sections 15, 16, 17 and 21, substantially as depicted in Exhibit 1. <br /> <br /> Land Dedication for Habitat Preserve. To the extent that off-site habitat mitigation is <br /> required by the United States Fish and Wildlife Service ("FWS"), the operator will enter <br /> into a Consegvation Agreement With FWS and the Livermore Area Recreation Park <br /> District and/Or the East Bay Regional Park District regarding the acquisition, operation <br /> and maintenqtnee ora Habitat Preserve (the "Preserve") in the Altamont or other suitable <br /> area in easte~ Alameda County. The operator's requirement for multi-species off-site <br /> mitigation ac~reage shall be met by the operator by the dedication of public open space in <br /> the Altamon~[ or other suitable area in eastern Alameda County. The operator shall meet <br /> and confer x~ith the City of Livermore and Alameda County planning staffs to identify <br /> properties thiU might be incorporated within the Preserve. In identifying the acreage for <br /> additions to the Preserve, the operator shall give priority to lands which are adjacent to or <br /> in the vicinity' of existing public open space in the Altamont area such as Brushy Peak <br /> and Vasco C~aves. Any such properties shall be given preference for inclusion within the <br /> Preserve (sal~ject to availability and cost) if they are acceptable to the FWS and the <br /> Livermore/~rea Recreation and Park District. The operator and the City of Livermore <br /> shall confer ~d cooperate to identify supplemental sources of funds, if appropriate, to <br /> assist in purdhasing such preferred properties. Pre-construction habitat mitigation <br /> required for bach phase of the ALRRF expansion shall be implemented prior to the <br /> opening of tliat phase consistent with Condition No. 17 of this permit. A Trust Fund for <br /> the acquisiti(~n, operation and maintenance of the Preserve shall be established by the <br /> operator in a,h amount to be determined under the agreement with the FWS. <br /> <br /> 17. Prior to the iinitiation of any ground clearing, grading, construction, or other activities <br /> which could! disrupt the San Joaquin kit fox and other target species in the expansion <br /> area, the opeffator shall finalize, through formal Section 7 consultation, and implement a <br /> mitigation pl~ogram based on the Biological Assessment (LSA, 1995) and the measures <br /> identified in lhe FEIR. The mitigation program shall include but not be limited to: <br /> <br /> (a) Surveys for all affected species according to current agency protocols; <br /> <br /> (b) RepoFing of results to the California Department of Fish and Game (DFG), FWS <br /> and Gounty Planning Director; <br /> <br /> (c) Avoi4tance of areas occupied by the species and/or the safe relocation of <br /> individuals as determined appropriate by the DFG and/or FWS. <br /> <br /> The operato~ shall set aside in perpetuity, by recorded deed, the 750 acres in Sections 15, <br /> 16, 17, and 2ii, as well as additional lands off-site to make up for the remaining acreage <br /> needed. Thd program shall address impacts to the San Joaquin kit fox, the American <br /> <br />i 1 I-B Final Altamont Settlement - Exhibit El <br /> <br /> <br />