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as well as potentially rare or commercially important species; vernal pools; significant oak groves; and heritage trees. Policy G(5). No net loss of riparian or wetland habitat or values shall be caused by development. Policy G(6). Development projects that have the potential to destroy wetland shall not be permitted,unless: (a)no suitable alternative exists for the land use and the use is considered necessary to the public; (b)there is no degradation of the habitat or numbers of any rare,threatened,or endangered plant or animal species as a result of the project;and(c)habitat of superior quantity and superior or comparable quality will be created or restored to compensate for the loss. Policy G(15). Replacement vegetation generally shall be native vegetation. Landscaping with native trees and shrubs shall be encouraged in urban areas to provide suitable habitat for native wildlife,particularly in proposed open-space uses of future development. Mountain House Master Plan 1994 The following biological resources policies from the MHMP are applicable to the proposed project. Mountain House Habitat Management Plan(Section 7.3.2). Habitat mitigation for Swainson's hawks,northern harriers,and black-shouldered kites(known as white-tailed kites) shall be provided through a Habitat Management Plan(HMP)on off-site agricultural lands,riparian areas, or other areas obtained for purposes of habitat mitigation. A Mountain House Multi-Purpose HMP was developed(Zentner and Zentner 1994)and is included as Appendix 7-13 in the MHMP. This plan describes mitigation to be provided as compensation for loss of habitat for Swainson's hawk,northern harrier,white-tailed kite, and tricolored blackbird. Mitigation presented in the HMP is consistent with MHMP measures described below for particular species,which are to be implemented. Swainson's Hawk(Section 7.3.3) Policy 7.3.3(6)--Nesting Habitat. Nesting habitat provided as mitigation must be at least 5 acres and shall constitute no more than 6%of the total mitigation lands. Implementation 73.3(a)-4fitigation Requirements. Mitigation for loss of Swainson's hawk foraging habitat may be satisfied by participation in the Mountain House HMP; fee participation in a County- sponsored multispecies conservation program or similar effort(i.e.,the San Joaquin County Multi-Species Habitat Conservation and Open Space Plan–SJMSCP);by other programs as approved by San Joaquin County;payment to DFG of a mitigation fee under applicable DFG regulations and/or guidelines that may be in effect at the time mitigation is undertaken; or by a combination of all or any of the above elements. Implementation 733(b}--Hawk Mitigation Program,Table 7.3. Table 7.3,"Proposed Swainson's Hawk Mitigation Program,"summarizes the mitigation program proposed in the HMP. This table sets forth that the amount of mitigation land to be acquired shall depend on the amount of habitat affected and the proximity of _ the mitigation lands to active Swainson's hawk nests,and whether the mitigation lands support existing nesting habitat. For mitigation lands within 5 miles of an active nest,the ratio of mitigation land to converted foraging habitat would be 0.33:1; for lands from 5 to 10 miles from an active nest,the ratio would be 0.5:1. For mitigation lands considered potential nesting habitat,the ratio of mitigation land to converted nesting habitat would be 0.25:1 and nest trees would be planted on the mitigation lands; for lands that provide existing nesting habitat,the ratio would be 0.17:1. The table provides that mitigation lands maybe dedicated in fee or through appropriate conservation easements. Policy 7.3.3(bj~Foraging Habitat. Foraging habitat provided as mitigation for Swainson's hawk impacts must be at least 100 acres and, subject to reasonable land availability,contiguous. College Park at Mountain House Spec is Plan III Draft EIR EDAW San Joaquin County 4.10-15 Biological Resources