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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- Sepkember 15), pre-construction surveys shall be conducted to investigate all potential nesting trees.-on the project site (e ; especially tree-tops 1'5:-69'feet above the ground in oak,willow;`eucalyptus;cottonwood, or,ottier deciduous trees);whenever white-trailed kites , ,,.;. , are noted on-'site.or within tlae`wicinity of the site during the nesting season' A setback of 100 feet from white-tailed kite nesting areas shall be established and maintained during the nestingseason for the eriod encom'assin nest bui18in and contmuin until fledglings P p. g g g. leave nests. This setback applies,whenever construction or other ground-disturbing activities must begin during the riesting season in.the presence of nests that are known to be occupied. Setbacks shall be rrmarked.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. 32. 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. (MM 4.10-6) Timing: The applicant shall submit a biologist's report of pre-construction surveys to the San Joaquin County Community Development Department(CDD)prior to the issuance of grading permits for the project. 33. Conversion of other special status nesting bird habitat: During the SJMSCP application process, SJCOG will determine whether that specific project site supports suitable habitat for loggerhead shrike, California horned 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. Loggerhead Shrike. If project construction begins during the nesting season (April 1-August 31), pre-construction surveys shall be conducted during the nesting season in suitable nesting habitat within 100 feet of areas of project activity. The survey shall be conducted within the 2 weeks before construction or tree removal begins. A setback of 100 feel from loggerhead shrike 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. California Horned Lark and Tricolored Blackbird. if project construction begins during the nesting season (April 1-August 31), pre-construction surveys shall be conducted during the nesting season in suitable nesting habitat within 500 feet of areas of project activity. A 9