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a qualified biologist approved by the permitting agencies,verifies through noninvasive means that either (1)the birds have not begun egg laying or(2)juveniles from the occupied burrows are foraging independently and are capable of independent survival. After the fledglings are capable of independent survival,the burrow can be destroyed. Implementation of the above mitigation measure would reduce impacts on conversion of burrowing owl foraging habitat and possible destruction of active burrows to a less-than-significant level. IMPACT Biological Resources--Conversion of Common Nesting Raptor Habitat and Possible Loss of Active 4.10-6 Nests. The proposed project would convert suitable foraging habitat and could result in loss of active nests of white-tailed kite,northern harrier,and other common raptor species. Implementation of measures presented in Section 7.3.5 of the MHMP would compensate for loss of foraging habitat and would avoid loss of active nests in trees more than 30 feet tall, but would not apply to nests in smaller trees,low vegetation, or on the ground. A significant impact could occur. The College Park site provides foraging and nesting habitat for a number of special-status and common raptor species protected under the California Fish and Game Code. Suitable nest sites for white-tailed kite,northern harrier, and other common raptors(e.g.,red-tailed hawk,red-shouldered hawk,American kestrel,and great homed owl)are present,and American kestrels were documented nesting immediately adjacent to the site in 2003 (Figure 4.10-1). Based on the estimated amount of agricultural habitat present at the College Park site, _ approximately 600 acres of foraging habitat for these species could be lost as a result of College Park implementation. Suitable foraging habitat is locally and regionally abundant;therefore,these species could forage in nearby areas of suitable habitat. Compensation for loss of Swainson's hawk foraging and nesting habitat(MHMP Section 7.3.3)would also compensate for loss of habitat for other raptor species. However, if project construction were to occur during the nesting season,active nests could be directly destroyed and birds nesting in the vicinity of any construction activities could be disturbed,potentially resulting in nest abandonment and mortality of chicks and eggs. Implementation of measures presented in Section 7.3.5 of the MHMP would avoid destruction of active nests in most cases. However,this measure only requires pre-construction surveys on parcels with trees more than 30 feet tall. Some species,particularly white-tailed kite and American kestrel,nest in trees less than 30 feet tall, and northern harriers nest on the ground or in very low vegetation,rather than trees. Therefore loss of active raptor nests could result despite implementation of measures outlined in the MHMP. This would represent a significant impact. Mitigation Measure 4.106: Biological Resources--Conversion of Common Nesting Raptor Habitat and Possible Loss of Active Nests The College Park developers shall request coverage under the SJMSCP,and fees shall be paid in the amount determined by SJCOG during the application and review process for each project under College Park. Potential nest sites for all tree-nesting species are scattered throughout much of the College Park site,but are concentrated along Grant Line Road and at Grant Line Village. Suitable nesting habitat for northern harrier is provided by all field crops and fallow fields. During the SJMSCP application process,SJCOG will determine whether that specific project site supports suitable nesting habitat. If SJCOG determines suitable habitat is present on or adjacent to a given project site,the SJMSCP incidental take avoidance and minimization measures described below for nesting raptors shall be implemented.Additional measures below shall be implemented to avoid loss of active nests of common raptor species,which are not covered under the SJMSCP but are protected under the California Fish and Game Code.The project applicants shall retain qualified biologists to conduct all pre-construction surveys. White-tailed Kite.If project construction begins during the nesting season(February 15—September 15),pre- construction surveys shall be conducted to investigate all potential nesting trees on the project site(e.g., especially tree-tops 15-59 feet above the ground in oak,willow,eucalyptus,cottonwood,or other deciduous trees),whenever white-tailed kites are noted on-site or within the vicinity of the site during the nesting season. A setback of 100 feet from white-tailed kite nesting areas shall be established and maintained during College Park at Mountain House Specilic Plan III Draft EIR EDAW San Joaquin County 4.10-37 Biological Resources