Early Extension of Take Authorization. A Third Party Participant may receive an early extension of take authorization from either one of the three Permittees (i.e., before issuance of a grading permit or first construction permit) by paying all SLCHCP-related fees that apply to the Third Party Participant’s proposed activity and by agreeing in writing to all other applicable terms and conditions of this Agreement, the SLCHCP, and the Permits upon, or at any time after, the Permittee’s approval of the Third Party Participant’s activity. Third Party Participants seeking take authorization must sign a Participation Agreement with the Permitted entity to receive such take authorization under the applicable Permit. A Permittee may suspend future early extensions of take authorization if it determines such extensions are hindering its ability to implement or administer the SLCHCP (for example, if fee revenues are being accumulated faster than they can be spent, thereby diminishing the value of these funds in the likely event that costs continually increase or if mitigation is not keeping up with habitat disturbance). A proposed Third Party Participant seeking an early extension of take authorization shall be required to pay the applicable mitigation fees. Unless otherwise agreed by USFWS and the applicable Permittee, where the proposed activity requires a tentative subdivision map or similarly detailed approval, the fees may not be paid for and early take authorization may not be extended to a particular proposed activity until the Permittee has approved such tentative subdivision map or similarly detailed activity plan.
Early Extension of Take Authorization. A project proponent may receive an early (i.e., before issuance of a grading permit or first construction permit) extension of Take authorization from a Permittee by paying all HCP/NCCP related fees that apply to the proposed project, or by providing land in lieu of some or all fees as described in Section 13.2.2.2, and by agreeing in writing to all other applicable terms and conditions of this Agreement, the HCP/NCCP, and the Permits upon, or at any time after, the Permittee’s approval of the project. Upon receiving such Take authorization, the project proponent shall become a Third Party Participant and Take resulting from the project shall be authorized under the Permits. The Implementing Entity may, by written notice to the Permittees, suspend early extensions of take authorization if it determines such extensions are hindering its ability to implement or administer the HCP/NCCP (for example, by accumulating fee revenues faster than they can be spent, thereby diminishing the value of these funds in the likely event that costs continually increase). Any such prohibition by the Implementing Entity shall apply to subsequent early extensions of Take authorization only and shall not apply retroactively, where fees or in-lieu land dedications were made before the prohibition is communicated in writing to the other Permittees. A project proponent seeking an early extension of Take authorization shall be required to pay the fees at the rates in effect for the calendar year in which the project proponent pays them, including any subsequent fee adjustments that occur during that calendar year (for example, after March 15 under the automatic fee adjustment or after a periodic audit). This calendar-year adjustment applies only to early extensions of Take authorization, and shall not apply to payments that coincide with a grading permit or first construction permit so long as that grading permit or first construction permit is issued before the calendar-year adjustment occurs. The project proponent shall not have to provide any supplemental payment for fee increases in subsequent calendar year(s), even if such increases occur before the grading permit or first construction permit is issued for the project. Unless otherwise mutually agreed upon by the Permittee, Implementing Entity, and the Wildlife Agencies, the fees may not be paid for and Take authorization may not be extended to a particular project until the Permittee has approved a tentative subdivision map or...
