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Implementation Measure 7.3.3(b). In addition to general mapping as part of Specific Plan III, development sites shall be surveyed for special status species potentially occurring on that site prior to the submittal of any _ Tentative Map for the applicable area. Surveys conducted prior to the submittal of Tentative Maps shall comply with any applicable survey protocols for such species promulgated by USFWS or DFG. In addition, pre-construction surveys for raptors and burrowing owls are also required. Implementation Measure 7.3.3(c). The applicant shall participate in the San Joaquin County Multi-Species Habitat Conservation and Open Space Plan(HCP). The applicant shall pay the applicable fee per acre to mitigate potential wildlife impacts. The applicant shall implement all applicable Incidental Take Avoidance Measures described in Section 5.2 of the HCP,including pre-construction surveys. If the HCP terminates,the applicant shall proceed with implementation of the Mountain House Habitat Management Program(HMP) contained within Master Plan Appendix 7-B. — Implementation Measure 7.3.3(d). In carrying out the operations of the project,the applicant shall take no action that violates the provisions of the California Endangered Species Act or the Federal Endangered — Species Act or any other laws or regulations pertaining to the protection of the Swainson's hawk,the San Joaquin kit fox,or other protected species. Compliance with these laws shall be the sole responsibility of the applicant,and the applicant agrees to indemnify,defend, and hold the County harmless from and against any _ claim or action by affected state agencies as to the project's compliance with such laws. Implementation Measure 7.3.3(e). As a condition of development for parcels with berms or ground-squirrel _ burrows,pre construction surveys for burrowing owls by a qualified biologist shall be required.If Burrowing owls are determined to occupy the area during the non-breeding season(September 1 through January 31), individual owls shall be evicted from the occupied burrows by passive relocation prior to construction as described in the DFG Staff Report on Burrowing Owls(October 1995) The owls shall be relocated to — suitable sites that are not likely to be disturbed by future development. Active burrowing owl nests shall not be disturbed or relocated during the breeding season(typically February 1 to August 31) in accordance with applicable DFG regulations and a permit must be obtained prior to any nest disturbance. Implementation Measure 7.3.3(f). As a condition for development for parcels with large trees(greater than 30 feet in height)pre construction surveys for occupied raptor nests,by a qualified biologist, shall be — required.If occupied raptor nests are found which will be impacted by such development,no disturbance or other project-related activities that may cause nest abandonment or forced fledging shall occur within 200 feet of the occupied nest tree until fledglings are no longer dependent upon nest habitat,as determined by a — qualified biologist. Implementation Measure 7.3.4(a). Restoration of wetland or riparian habitats shall include,as may be appropriate,preferred habitat for the special status species. Implementation Measure 7.3.4(b). Runoff water from developed or landscaped surfaces may be discharged into preserved wetlands,but shall be treated through application of appropriate Best Management Practices (BMPs)to ensure water quality,prior to entering the wetland areas. These practices will be monitored in accordance with state water quality control procedures. Implementation Measure 7.3.4(c). All preserved wetlands and their buffers shall be temporarily fenced during construction to minimize the potential for inadvertent impacts from construction activities.Following construction,permanent barriers and/or fencing shall be installed to preclude access and damage from _ wheeled vehicles such as motorcycles and ORVs. Implementation Measure 7.3.4(d). The wetlands shall be retained as self-sustaining,requiring only minimal — long-term maintenance to repair barriers or fences, and remove debris resulting from use of the area by residents. EDAW College Park at Mountain House Specific Plan III Draft EIR Biological Resources 4.10-26 San Joaquin County