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• Revise Pre-construction Protocol Measure 2d to read as follows: "Prior to destruction of any known kit fox den,the USFWS shall be notified in writing of the intent to destroy the subject den(s), and disposition of the den shall be determined by the USFWS. Destruction of occupied known or suspected natal or pupping dens shall not be permitted during the breeding season(1 November through 31 July),until the den has been vacated or the kit fox pups have dispersed. Adequate measures,including restrictions or curtailment of construction activity and use of exclusion fencing, shall be developed in consultation with the USFWS and implemented to ensure protection of the natal or pupping dens while occupied by kit fox pups." • Revise Pre-construction Protocol Measure 2e to delete all references to specific distances for the protective exclusion zone and to indicate that the size(radius)of the zone shall be established in consultation with representatives of the USFWS and DFG. • Revise Construction Protocol Measure 1 to include the following provision at the end of the measure: "If live kit fox are encountered,ramps or structures should be installed immediately, if possible, to allow the animal(s)to escape." • Revise Construction Protocol Measure 6 to state that all construction pipes of 4-24 inches in diameter shall be stacked"at least 3.5 feet above ground"prior to use. The end of this measure should include the following provision: "If during inspection,a kit fox is discovered inside a pipe,that section of pipe should not be moved,or if necessary should be moved only once to remove it from the path of construction activity,until the kit fox has escaped." • Revise Construction Protocol Measure 8 to include the following provisions at the end of the measure: "The designated ecological monitor shall notify the USFWS and DFG in writing within three working days of the findings of any such animal. Notification must include the date,time, and location of the incident,and any other pertinent information. Any kit fox found dead or injured must be turned over immediately to the DFG for care and analysis." (d) If off-site mitigation is required by jurisdictional agencies,the management practices and habitat enhancement recommendations specified in the survey report by Biosystems(1992) should be incorporated into the habitat management plan to ensure long-term viability of mitigation areas as kit fox habitat. Any deviation from the Biosystems recommendations should be negotiated with representatives of the USFWS and DFG,with adequate explanation provided to justify them from a biological standpoint. • Mitigation Measure M4.11-3 (a) Approval of the Draft Master Plan(which includes the HMP)should be contingent on subsequent revisions necessary to comply with San Joaquin County General Plan 2010 policies regarding habitat protection and with Section 2081 of the State Fish and Game Code and the Habitat Management Agreement required by the DFG. The Draft Master Plan and proposed HMP provisions regarding compensation for conversion of suitable foraging habitat should be revised to provide greater consistency with the"Draft Mitigation Guidelines for Swainson's Hawks in the Central Valley of California"prepared by the DFG. Depending on the extent of any on-site preservation and the enhancement associated with off-site mitigation,replacement habitat requirements could be as high as 4,560 acres(includes 300 acres for off-site wastewater storage ponds). y College Park at Mountain House Specific Plan III Draft EIR EDAW San Joaquin County 4.10-19 Biological Resources