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Revisions should be made to the relevant assumptions,policies, implementations of the Draft Master Plan,and the"Mountain House Multi-Purpose Habitat Management Plan"(Zentner&Zentner, 1994b). _ This should include the following: • Revise Assumptions'7.3.1 a)and b) of the Draft Master Plan,and Policy a) and Implementation(c) _ for Objective 2 of Biological Resources Management section(Appendix C)to indicate that acreage requirements for the HMP would be determined through negotiation with DFG in preparing a Habitat Management Agreement pursuant to Section 2081 of the State Fish and Game Code. • Delete specific references to a limited mitigation requirement of only 1,500 acres throughout the Draft Master Plan and revise the proposed HMP to indicate than an estimated 4,240 acres of on-site habitat could be converted to urban uses. Specific references that should be deleted or revised in the — Draft Master Plan include: Assumptions 7.3.1 a)and b),Assumption 7.3.2 a),Table 7.3,and Figure 7.8 of the Draft Master Plan, as well as Policy a) for Objective 2 of Biological Resources Management section(Appendix Q. — • Resolve acceptability of establishing mitigation credit prescription ratios for foraging habitat based on proximity of mitigation lands to an active nest rather than distance of lost habitat from an active nest _ with the DFG, and revise the proposed Swainson's Hawk Mitigation Program(Table 7-3 of the Draft Master Plan)accordingly. If the proposed approach is considered acceptable by the DFG,mitigation ratios indicated in the Swainson's Hawk Mitigation Program should be revised. The proposed — establishment of mitigation land greater than 10 miles from an active nest should be eliminated from the Swainson's Hawk Mitigation Program and deleted from Table 7-3 of the Draft Master Plan as these lands would have highly limited value to nesting pairs due to their distance from an active nest. • Resolve acceptability of establishing mitigation credit for nesting habitat, and as directed by the DFG delete or revise the specified acreage ratios defined in the Swainson's Hawk Mitigation Program of the proposed HMP(Table 7.3 of the Draft Master Plan)for existing and potential nesting habitat. — • Revise the relevant text of the Draft Master Plan and the proposed HMP regarding Swainson's hawk nesting habitat to reflect more recent data on distribution of nesting locations in the project vicinity, — including the active nests on the site during the 1994 breeding season,that nesting locations change to varying degrees over time as new breeding pairs enter an area or disturbance factors reduce the suitability of historic nest locations,and the fact that trees on the site could be used for nesting in the future. _ • Revise the text of the Draft Master Plan and the proposed HMP to provide for preservation or adequate mitigation for loss of the active Swainson's hawk nests on the site. Adequate development setbacks should be provided around the active nest along Old River to ensure its long-term suitability — for nesting,which may include establishment of permanent foraging habitat on the site. The land area of the proposed Regional Park along Old River should be expanded,as necessary, to provide for the protection of the nest and surrounding foraging habitat,with additional policies and implementations — included in the Old River Regional Park section of the Draft Master Plan to prevent possible disturbance associated with recreational use of the parklands. This should also include provisions to prohibit or intensively monitor any disturbance,construction,or other project-related activities within 1/2 mile which may cause nest abandonment or forced fledging if the nest is in active use in future years. Details regarding appropriate setbacks,monitoring requirements, and development restrictions around an active nest, as well as appropriate mitigation if the active nest in the center of the site is — lost, should be defined in consultation with the DFG. • Revise Implementation(g)for Objective 1 of Biological Resources Management section(Appendix _ C)and the proposed HMP to indicate that unacceptable crop types would not be planted on mitigation lands and that a mechanism would be established to ensure a minimum level of high-quality foraging EDAW College Park at Mountain House Specific Plan III Draft EIR Biological Resources 4.10-20 San Joaquin County