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would likely not support breeding habitat for CRLF. (Habitat Assessment page <br /> 8.) In addition, the closest recorded occurrence of CRLF is more than 1,500 feet <br /> away (Habitat Assessment at fig. 3), and the site is therefore unlikely to be used <br /> by frogs as a travel corridor or for hydration. Further, under the San Joaquin <br /> County Multi-Species Habitat Conservation and Open Space Plan ("SJMSCP"), <br /> incidental take minimization measures for CRLF do not apply to the project area. <br /> Swainson's hawk is listed as a California Department of Fish & Game threatened <br /> species. Swainson's hawks often nest within or on the edge of riparian areas <br /> adjacent to suitable foraging habitat (Analysis page 9), but no active nests or <br /> evidence of abandoned raptor nests were identified during EIP's May 2006 field <br /> survey. (Habitat Assessment page 12.) Swainson's hawk was observed by UP <br /> foraging within one mile of the project, but the wetland area does not constitute <br /> foraging habitat for the hawk. (Habitat Assessment page 9.) The applicant will <br /> conduct pre-construction surveys for Swainson's hawk consistent with the <br /> mitigation measures imposed pursuant to Specific Plan III. <br /> San Joaquin kit fox is federally listed as an endangered species and state-listed <br /> as a threatened species. The ruderal habitat present on the site may provide <br /> limited foraging opportunities for local populations of the kit fox, but the <br /> wetland areas on the site do not provide habitat. (Habitat Assessment page 11.) <br /> Moreover, EIP's May 2006 field survey found that the existing California ground <br /> squirrel burrows within the project site did not contain any evidence of suitable <br /> burrowing activity by the kit fox. (Habitat Assessment page 11.) The applicant <br /> will request coverage under the SJMSCP and comply with the measures in the <br /> SJMSCP and the Specific Plan III for the protection of kit fox. <br /> The rationale with respect to the third finding ("habitat of superior quality and <br /> superior or comparable quality will be created or restored to compensate for the <br /> loss") is as follows: <br /> The applicant will create or restore habitat of superior quantity and superior or <br /> comparable quality to compensate for the loss of wetlands as result of the <br /> project. Prior to the approval of the Final Map(s) for the project, the applicant <br /> will submit to the Community Development Department a Wetland <br /> Mitigation/Replacement Plan (Wetland Plan) prepared by a qualified biologist. <br /> The Wetland Plan will include the following provisions which are incorporated <br /> as Tentative Map Conditions of Approval. <br /> a) There shall be no degradation of the habitat or numbers of any rare, <br /> threatened, or endangered plant, or animal species as a result of the project. <br /> b) Wetland habitat of superior quantity and superior or comparable quality will <br /> be created or restored to compensate for the loss General Plan Policy VI, G, <br /> 1). Replacement vegetation generally shall be native vegetation (General <br /> Plan, Volume I, Policy VI, G, 15). <br /> c) 1.02 acres of wetland will be filled as a result of the project (Draft Wetland <br /> Delineation Report Golden State Investments ll, LP Property February 2006). <br /> The applicant shall replace the lost wetland with 1.02 acres of wetland <br /> (General Plan, Volume I, Policy VI, G, 5; Master Plan, Implementation 7.3.6 <br /> (b))• <br /> 22 <br />