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Page 83 Mifl ation Measure F.3. Proposed as Part of the Project (a) Under current project plans,approximately 10.3 acres of the Brocchini property and the 6.5-acre triangular property would be retained as a Wildlife Preserve/Floodplain Easement. Proposed creek modifications would also increase on-site creek acreage from 4.5 to 7.0 acres;thereby potentially providing additional wildlife habitat(see Mitigation Measure F.1). Additionally,the preliminary post-closure maintenance plan states that,upon closure of the landfill,the site would be capped,including revegetation with drought resistant grasses,resulting in a grassy hillock without public access(designated as Open Space)(PW. Beck and Associates, 1993). As portions of the landfill are closed,they would also be converted to wildlife preservation areas. However,the CDFG would still consider any such disturbance extending over two breeding seasons to be a permanent displacement of Swainson's hawk foraging habitat due to the possibility of extirpation of the species during the intervening period(City of Stockton 1994). Consequently,impacts on 202.2 acres of Swainson's hawk foraging habitat would still occur;and Identified by this SEIR Given the Swainson's hawk's prevalence in this region,any development within the vicinity of (b) the City of Stockton occurring on agricultural lands would likely result in impacts to the species potential foraging habitat. Therefore,complete avoidance through project relocation is not a viable alternative. The owners,developers and/or successors in interest shall provide suitable replacement habitat for the loss of any individually or cumulatively significant Swainson's hawk nesting and/or foraging habitat from the project site and shall enter into a habitat mitigation/management agreement with the CDFG to insure a no-net-loss of habitat value. A copy of the fully executed agreement with CDFG shall be submitted to the County of San Joaquin Community Development Department prior to the issuance of any construction permit or initiation of site improvements,whichever occurs first,or;. (c) Upon approval and implementation of the San Joaquin CountyMultiple-SpeciesHabitat Conservation and Open Space Plan (SJMSCP)(San Joaquin Council of Governments, 1999), which provides a financing mechanism for the preservation,enhancement, and long-term management of habitat for numerous wildlife species, including Swainson's hawk foraging and nesting habitat,within San Joaquin county (see new impact F.7),the owners,developers and/or + , successors in interest to any applicable undeveloped portion of the project site shall pay any specified fees,or otherwise verify compliance with adopted financing mechanism(s),prior to the issuance of any construction permit or initiation of site improvements,whichever occurs first. Payment of those fees or other financing mechanism(s) shall be in-lieu of entering into a separate habitat mitigation/management agreement with CDFG. With these mitigation measures,this impact would be reduced to a less-than-significant level. Impact F.Q.Implementation of the proposed project may result in the loss of a Swainson's hawk breeding territory and disturbance of nesting Swainson's hawks. During biological field investigations conducted for the 1994 EIR,a nesting pair of Swainson's hawks was observed in a valley oak on the eastern boundary of the Brocchini property on April 4, 1991 (See Figure F-1). During subsequent fieldwork,no additional nesting of this species was observed,although a total of thirteen potential raptor nests were identified in on-site trees(see Figure F-1). Additionally, GRASSETTI ENVIRONMENTAL CONSULTING �I