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J the nesting season for the period encompassing nest building and continuing until fledglings leave nests. This setback applies whenever construction or other ground-disturbing activities must begin during the nesting season in the presence of nests that are known to be occupied. Setbacks shall be marked by brightly colored temporary fencing. Northern Harrier. If project construction begins during the nesting season(February 15—August 31),pre- — construction surveys shall be conducted during the nesting season in suitable nesting habitat within 500 feet of areas of project activity. The survey shall be conducted within the 2 weeks before construction begins. A setback of 500 feet from northern harrier nesting areas shall be established and maintained during the nesting season for the period encompassing nest building and continuing until fledglings leave nests. This setback — applies whenever construction or other ground-disturbing activities must begin during the nesting season in the presence of nests that are known to be occupied. Setbacks shall be marked by brightly colored temporary fencing. ` Common Raptors. If project construction begins during the nesting season(February 15—August 31),pre- construction surveys shall be conducted during the nesting season in suitable nesting habitat within 500 feet of areas of project activity. The survey shall be conducted within the 2 weeks before construction or tree removal begins. If any active nests are found, a setback of 200 feet from each nest shall be established and maintained during the nesting season for the period encompassing nest building and continuing until _ fledglings leave nests. This setback applies whenever construction or other ground-disturbing activities must begin during the nesting season in the presence of nests that are known to be occupied. Setbacks shall be marked by brightly colored temporary fencing. _ hnplementation of the above mitigation measure would reduce habitat conversion and potential loss of active nest impacts on common nesting raptors to a less-than-significant level. IMPACT Biological Resources--Conversion of Other Special-Status Nesting Bird Habitat and Possible Loss 4.10-7 of Active Nests. The proposed project would convert suitable foraging habitat and could result in loss of active nests of loggerhead shrike, California horned lark,and tricolored blackbird. Loss of foraging habitat would be compensated through implementation of the MHMP. However, the MHMP does not identify policies or mitigation to avoid adverse effects to active nests of these species. A significant impact could occur. — Based on the estimated amount of agricultural habitat present at the College Park site, approximately 600 acres of foraging habitat for loggerhead shrike,homed lark,and tricolored blackbird would 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)and for loss of wetlands(MHMP Section 7.3.6)would also compensate for loss of — habitat for these species. Based on conditions at the time of the 2003 reconnaissance surveys,the College Park site has sufficient habitat to support numerous loggerhead shrike,horned lark,and tricolored blackbird nests. However,the MHMP does not include measures to avoid loss of active nests of these species. Therefore,the number of nests lost could affect the local populations of these species. A significant impact could occur. Mitigation Measure 4.10-7: Biological Resources—Conversion of Other Special-Status Nesting Bird 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. During the — SJMSCP application process, SJCOG will determine whether that specific project site supports suitable habitat for loggerhead shrike, California homed lark,or tricolored blackbird. If SJCOG determines suitable habitat is present on or adjacent to a given project site,the following SJMSCP incidental take avoidance and minimization measures shall be implemented by the project applicants in consultation with a qualified biologist. EDAW College Park at Mountain House Specific Plan III Draft EIR Biological Resources 4.10-38 San Joaquin County