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Mountain House Speck Plan III ..................................................................................................................................... 7.3.2 Specific Plan III Description The area within SPIII has been surveyed for special-status species and 24 special-status wildlife species have potential to occur at the Specific Plan III site. Mitigation for loss of sensitive species habitat will be — provided through participation in the Countywide HCP. If the HCP should terminate,mitigation will be provided as set forth in the Mountain House Habitat Management Program(HIvIP). — 7.3.3 Implementation Measures _ a. All development within Specific Plan III shall proceed in compliance with the Countywide HCP or if it terminates,the Mountain House Habitat Management Program(HMP). b. In addition to general mapping as part of Specific Plan III, development sites shall be surveyed for — special-status species potentially occurring on that site prior to the submittal of any tentative map for the applicable area. Surveys conducted prior to the submittal of tentative maps shall comply with any — applicable survey protocols for such species promulgated by FWS or California Department of Fish and Game (DFG). In addition,pre-construction surveys for raptors and burrowing owls are also _ required. c. The applicant shall participate in the San Joaquin County Multi-Species Habitat Conservation and Open Space Plan(HCP). The applicant shall pay the applicable fee per acre to mitigate potential wildlife impacts. The applicant shall implement all applicable Incidental Take Avoidance Measures described in Section 5.2 of the HCP,including pre-construction surveys. If the HCP terminates,the applicant — shall proceed with implementation of the Mountain House Habitat Management Program(HMP) contained within Master Plan Appendix 7-B. — d. In carrying out the operations of the project,the applicant shall take no action that violates the provisions of the California Endangered Species Act or the Federal Endangered Species Act or any other laws or regulations pertaining to the protection of the Swainson's hawk, the San Joaquin kit fox, or other protected species. Compliance with these laws shall be the sole responsibility of the applicant,and the applicant agrees to indemnify, defend, and hold the County harmless from and against any claim or action by affected State agencies as to the project's compliance with such laws. e. As a condition of development for parcels with berms,or ground-squirrel burrows,pre-construction surveys for burrowing owls by a qualified biologist shall be required.If Burrowing owls are determined to occupy the area during the non-breeding season(September 1 through January 31), — individual owls shall be evicted from the occupied burrows by passive relocation prior to construction as described in the DFG Staff Report on Burrowing Owls(October 1995) The owls shall be relocated to suitable sites that are not likely to be disturbed by future development. Active burrowing owl nests shall not be disturbed or relocated during the breeding season(typically February 1 to August 31)in accordance with applicable DFG regulations and a permit must be obtained prior to any nest disturbance. 7-16 Draft 03/14/05 ...........................................................................................................................................................................