No Authorization of Take of Endangered Species
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This Agreement does not authorize 'take' of any California Endangered Species Act (CESA) listed species. Take is defined in Fish and Game Code section 86, as hunt, pursue, catch, capture or kill or attempt to hunt, pursue, catch, capture, or kill. If there is potential for take of any listed species, Permittee shall consult with CDFW and demonstrate compliance with CESA.
Strict Compliance with Fish and Game Code Sections
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This Agreement does not relieve Permittee or any person acting on behalf of Permittee, including its officers, employees, representatives, agents, or contractors and subcontractors, from complying with other applicable statutes in the Fish and Game Code including, but not limited to, Fish and Game Code sections 2050 et seq. (threatened and endangered species), section 3503 (bird nests and eggs), section 3503.5 (birds of prey), section 5650 (water pollution), section 5652 (refuse disposal into water), section 5901 (fish passage), section 5937 (sufficient water for fish), and section 5948 (obstruction of stream).
Broad Indemnification / Hold Harmless
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Permittee shall be solely liable for any violations of this Agreement, whether committed by Permittee or any person acting on behalf of Permittee, including its officers, employees, representatives, agents or contractors and subcontractors, to complete the project or any activity related to it that this Agreement authorizes.
Enforcement Authority Not Limited
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Nothing in this Agreement precludes CDFW from pursuing an enforcement action against Permittee instead of, or in addition to, suspending or revoking this Agreement. Nothing in this Agreement limits or otherwise affects CDFW's enforcement authority or that of its enforcement personnel.
Mandatory Biological Surveys and Clearances
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If project-related activities are scheduled between February 1 to August 31 (the typical nesting season), a focused survey for nests shall be conducted by a Designated Biologist within three (3) business days prior to the beginning of project-related activities. The Designated Biologist shall conduct a preconstruction clearance survey within 24 hours prior to construction activities at Sump 089. Within seven (7) calendar days prior to starting project activities, the Designated Biologist shall survey the suitable habitat in the project disturbance area for western pond turtle.