Species of Special Concern. Several Species of Special Concern (SSC) have the potential to occur within or adjacent to the Project area, including, but not limited to: Central Valley fall- and late-fall run Chinook salmon (Oncorhynchus tshawytscha), hardhead (Mylopharodon conocephalus), Sacramento hitch (Lavinia exilicauda exilicauda), western spadefoot (Spea hammondii), pallid bat (Antrozous pallidus), and white xxxxxxxx (Acipenser transmontanus). Project activities described in the EIR should be designed to avoid any SSC that have the potential to be present within or adjacent to the Project area. CDFW also recommends that the EIR fully analyze potential adverse impacts to SSC due to habitat modification, loss of foraging habitat, and/or interruption of migratory and breeding behaviors. CDFW suggests GCID include in the analysis how appropriate avoidance, minimization and mitigation measures will reduce impacts to SSC.
Species of Special Concern. 23 10.9 Real Property Taxes for Tax Year 2001/2002...................... 23
Species of Special Concern. Buyer acknowledges that (i) there may be present on the Property Western burrowing owls ("OWLS"), which have been designated by the State of California as a "Species of Special Concern", (ii) Seller has entered into a mitigation agreement with the California Department of Fish and Game with respect to such Owls, a copy of which is attached hereto as Exhibit 10.9 (the "MITIGATION AGREEMENT") and (iii) the Mitigation Agreement contains certain restrictions on the use of the Property to protect the Owls, including a prohibition on evicting Owls from their burrxxx xxxing the nesting season (February 1 through August 31) and the obligation to create buffer zones around Owl burrxxx xxx to create compensatory mitigation habitat. Seller shall pay the amounts required to implement the Mitigation Agreement as described in Section 7 thereof. Seller shall further use commercially reasonable efforts to evict the Owls from the Property prior to Closing as permitted under the Mitigation Agreement. Buyer shall otherwise be bound by and responsible for complying with the terms of the Mitigation Agreement as to the Property following Closing. Seller further discloses to Buyer that the Santa Clarx Xxxnty District Attorney is considering filing charges against Seller and certain of Seller's employees arising from a claim that an Owl burrxx xx the Property was destroyed in connection with trenching work performed on behalf of Seller in September 2000. The provisions of this Section 10.8 shall survive the Closing and the recording of the Deed.
Species of Special Concern. Buyer acknowledges that it is aware that there may be currently Owls present on the Property as described in Section 10.8 hereof. Seller has delivered to Buyer a true, complete and correct copy of the Mitigation Agreement, and the Mitigation Agreement is in full force and effect and has not been modified from the form delivered to Buyer. On or before the Closing Date, Seller shall have paid $414,000 into an escrow as required by Section 7.D of the Mitigation Agreement.
