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Implementation 733(d)(2�—Protection of Nest Trees(Other than Along Old River). If a Swainson's hawk is <br /> nesting in any tree within the MHMP area,other than trees along Old River,no disturbance,construction,or <br /> other project-related activities that may cause nest abandonment or forced fledging shall occur within 0.5 mile of <br /> such tree between March 11 and August 15,or until fledglings are no longer dependent on nest habitat. The <br /> nesting and fledgling dependency determinations shall be made in writing by a qualified biologist. _ <br /> San Joaquin Kit Fox (Section 7.3.4,Implementation 7.3.4(a)—Kit Fox Protection. The measures contained in <br /> Appendix 7-C of the MHMP. Kit Fox Pre-construction and Construction Protocol shall be followed to the extent <br /> possible to ensure that project construction does not result in harm or injury to kit fox. These measures shall <br /> apply for as long as the kit fox retains its listed status under the respective endangered species acts,or successor <br /> legislation,or until such time as 50%or more of the community south of Byron Road is built. (Note: The <br /> protocol requires pre-construction surveys,provides monitoring guidelines,identifies measures to be taken if an — <br /> occupied den is identified,and indicates additional measures to be taken during construction to minimize potential <br /> effects to kit fox.) <br /> Other Special-status Species(Section 7.3.5) <br /> Implementation 7.3.5(a)--.Special-Status Species Surveys. Each Specific Plan area shall be surveyed by a _ <br /> qualified biologist before approval of the Specific Plan to generally map the location of special-status species <br /> identified in the Specific Plan area. Development sites shall then be surveyed for special-status species <br /> potentially occurring on that site before the submittal of any Tentative Map for the applicable area. Surveys _ <br /> conducted before the submittal of Tentative Maps shall comply with any applicable survey protocols for such <br /> species promulgated by IJSFWS and DFG. <br /> Implementation 7.3.5(c)—Raptor Surveys. As a condition for development for parcels with large trees — <br /> (greater than 30 feet in height),pre-construction surveys for occupied raptor nests shall be required. If <br /> occupied raptor nests that will impact such development are found,no disturbance or other project-related <br /> activities that may cause nest abandonment or forced fledging shall occur within 200 feet of the occupied nest — <br /> tree until fledglings are no longer dependent upon the nesting habitat,as determined by a qualified biologist. <br /> Implementation 7,3.5(c�­Burrowing Owl Surveys and Nest Relocation. As a condition of development for _ <br /> parcels with levees,berms,or other suitable ground-nesting locations,pre-construction surveys for burrowing <br /> owl nesting sites by a qualified biologist shall be required. Burrowing owl nesting sites impacted by <br /> development shall be relocated before construction. These nests shall be relocated to the Old River levee and/or _ <br /> other suitable sites that are not likely to be disturbed by future development. Active burrowing owl nests shall <br /> not be disturbed or relocated during the breeding season(typically April 15 to July 15),in accordance with <br /> applicable DFG regulations,and a permit must be obtained before any nest disturbance. <br /> Implementation 7.3.5(f)—Participation in Other Programs: Compliance with the measures set forth <br /> above may also be accomplished through implementation of the Habitat Management Plan(HMP)described <br /> in Section 7.3.2,or participation(by payment of a fee or otherwise)in an adopted Countywide multispecies — <br /> habitat conservation plan. Pre-construction raptor and burrowing owl surveys would still be required to <br /> protect active nests until young birds have fledged,even if developers participate in HMPs or other <br /> conservation plans. _ <br /> Wetlands Management(Section 7.3.6) <br /> • Policy 7.3.6(a). Development shall be carried out so that existing wetlands are preserved to the degree <br /> practicable. <br /> • Policy 7.3.6(b). Where development cannot practicably occur without impacting wetlands,the development <br /> shall minimize impacts. <br /> EDAW College Park at Mountain House Specific Plan III Draft EIR <br /> Biological Resources 4.10-16 San Joaquin County <br />