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(Figure 4.10-1)that could provide suitable denning sites for a fox moving through the area. Extensive surveys conducted in the 1990s did not provide any conclusive evidence that kit fox use dens in this area,but it has been over 10 years since these surveys were conducted. More recently,there have been several reports of San Joaquin — kit fox within a few miles of the College Park site(CNDDB 2004). Therefore,it is possible that this species could inhabit the College Park site. MHMP Section 7.3.4 includes a requirement designed to protect San Joaquin kit fox through implementation of _ pre-construction and construction protocols. In addition,the Delta College EIR Mitigation Measure 4.11-3(a) includes construction of a fence setback at least 100 feet from the Delta—Mendota Canal to allow wildlife movement along this corridor. The MMP protocols were developed in the early 1990s,and additional USFWS protocols have been adopted since then to project San Joaquin kit fox(USFWS 1999). For example,MI-IMP protocols allow pre-construction surveys to be conducted up to 6 months before the start of grading activities, whereas USFWS protocols require surveys to be conducted no later than 30 days before project activity. In addition,there is no assurance that the protocols would be implemented because the MHMP states the protocol shall only be followed to the extent possible. It also indicates the measure only applies until 50%of the community south of Byron Road is built. This requirement could be satisfied before any construction occurs at the College Park site. Therefore,the MHMP may not require any kit fox protection measures during implementation of College Park and a significant impact could occur. Mitigation Measure 4.10.9: Biological Resources--Conversion of San Joaquin Kit Fox Habitat and Possible Occupied Den Destruction 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. Because the entire College Park site is located within the SJMSCP's Central/Southwest Transition Zone,the following SJMSCP incidental take avoidance and minimization measures shall be implemented for all projects: Pre-construction surveys shall be conducted 2 weeks to 30 days before commencement of ground disturbance. Surveys shall be conducted by a qualified biologist. If the surveys identify potential dens(potential dens are defined as burrows at least 4 inches in diameter that open up within 2 feet),potential den entrances shall be dusted for 3 calendar days to register track of any San Joaquin kit fox present. If no San Joaquin kit fox activity is identified,potential dens may be destroyed. If San Joaquin kit fox activity is identified,then dens shall be monitored to determine if occupation is by an adult fox only or is a natal den(natal dens usually have multiple openings). If the den is occupied by an adult only,the den may be destroyed when the adult fox has moved or is temporarily absent. If the den is a natal den, a buffer zone of 250 feet shall be maintained around the den until the _ biologist determines that the den has been vacated. Where San Joaquin kit fox are identified,the provisions of the Standardized Recommendations for Protection of the _ San Joaquin Kit Fox before or during Ground Disturbance(USFWS 1999b)shall apply(except that pre- construction survey protocols shall remain as established in the above paragraph).These standards include provisions for educating construction workers regarding the kit fox,keeping heavy equipment operating at safe speeds,checking construction pipes for kit fox occupation during construction,and similar low-or no-cost activities. — Implementation of the above mitigation measure would reduce potential impacts of habitat conversion and possible destruction of occupied kit fox dens to a less-than-significant level. — IMPACT Biological Resources—Loss or Alteration of Jurisdictional Waters of the United States. The proposed 4.10-10 project could result in loss or alteration of jurisdictional waters of the United States. The MHMP includes measures designed to preserve and compensate for loss of such wetlands,but it does not specify measures to identify habitats under jurisdiction of USACE or DFG. A significant impact could occur. EDAW College Park at Mountain House Specific Plan III Draft EIR Biological Resources 4.10-40 San Joaquin County