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habitat(i.e.,alfalfa). Unacceptable crop types to be specified in the HMP should include vineyard, orchard,cotton,and other crop types where prey are inaccessible to foraging hawks. A mechanism to ensure that minimum acreage requirements for suitable foraging crop types are met is particularly important if unsuitable crops such as silage corn are to be permitted as part of crop rotation in the mitigation lands. A minimum acreage requirement for alfalfa within the mitigation area should be coordinated with the DFG. Acreage devoted to alfalfa on mitigation lands should at a minimum meet the average for the project site,estimated at 41 percent,based on cropping patterns for 1989, 1992, 1993,and 1994. • Revise Implementation(h)for Objective 1 of Biological Resources Management section(Appendix C)and the proposed HMP to indicate that use of rodenticide shall only be allowed when small mammal levels pose a serious threat to agricultural crops and population levels reach a specified threshold. This threshold and procedures to determine and implement remedial action should be coordinated with the DFG. A mean of 20 burrows per 100 feet were observed in alfalfa fields during the survey by BioSystems (1992)and would be a more acceptable threshold before use of rodenticides should be permitted. • Revise Assumption 7.3.2 c)of the Draft Master Plan to indicate that mitigated land dedicated as part of a specific Swainson's Hawk Mitigation Program needs to be at least 100 acres in size, consistent with the proposed HMP. • Revise the proposed HMP to include information on all mitigation options,overall phasing and monitoring of all mitigation lands established as part of each specific Swainson's Hawk Mitigation Program,and relationship of implementing the specific programs to phasing of improvements associated with wastewater reuse. A take permit or Habitat Management Agreement for loss of Swainson's hawk habitat should be obtained by the applicant,pursuant to Section 2081 of the State Fish and Game Code. A copy of the fully executed habitat management agreement with the DFG should be submitted to the San Joaquin County Community Development Department prior to the issuance of any Development Permit, _ construction permit,or building permit,or initiation of any improvements such as construction of water or wastewater treatment plants,whichever occurs first. (b) The proposed HMP should be revised to include a combination of on-site habitat preservation and off-site replacement. Ideally,the entire area north of Byron Road,containing approximately 1,500 acres, should be set aside as an agricultural preserve to be enhanced and managed for Swainson's hawk and other protected wildlife species,with the required replacement habitat provided at a ratio negotiated and approved by the DFG,and any additional compensation provided in the immediate vicinity off-site. As an alternative to a combination of on-and off-site habitat mitigation,Fabian Tract would be the preferred off-site mitigation area,due to its location within the Delta system,proximity to active nesting territories,and presence of existing and potential foraging habitat. With the possible exception of the area north of Byron Road,which is currently not within the boundary of the proposed secondary wastewater reuse area,the adjacent lands in Alameda County should not be used as mitigation lands for loss of Swainson's hawk foraging habitat on the site. The proposed alternative permanent reclamation area in Alameda County is unsuitable for Swainson's hawk mitigation due to its distance from Old River and the Delta system,lack of nesting habitat in close proximity to the area,potential conflicts with habitat requirements of other special-status taxa such as kit fox, and ultimate separation from other foraging habitat as the Mountain House project is implemented. Reference to use of adjacent lands in Alameda County as mitigation lands for loss of Swainson's hawk foraging habitat should be deleted from the Draft Master Plan and proposed HMP unless the mitigation area is restricted to north of Byron Road. College Park at Mountain House Specific Plan III Draft EIR EDAW San Joaquin County 4.10-21 Biological Resources