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MOUNTAIN HOUSE PROPOSED ALTAMONT 14EIGHTS Tr_-NTATIVE MAP 4. ENVIRONMENTAL CHECKLIST 4.4 BIOLOGICAL RESOURCES Mitigation Measure 4.10-9 requires Specific Plan III developers to pay impact fees to the SJMSCP and presents specific measures for locating and protecting kit fox dens until they are vacant. Implementation of this mitigation measure would reduce the impact on habitat conversion of the San Joaquin kit fox to a less-than-significant level. Mitigation Measure 4.10-10 requires Specific Plan III developers to engage a biologist to delineate potential waters of the United States at the project sites, including any wetlands, ponds, irrigation canals, and drainage courses. EIP Associates prepared a wetland delineation report for the proposed project site (EIP Associates, 2006a). The United States Army Corps of Engineers reviewed the report and decided that no waters of the United States, including wetlands, are present within the delineation survey area. As such, the wetland feature at the proposed project site is considered an intrastate isolated water that is not currently regulated by the Corps of Engineers under Section 404 of the Clean Water Act. However, a Streambed Alteration Agreement from the California Department of Fish and Game may be required. With regard to waters of the United States, the proposed project would have no impact. DISCUSSION REGARDENG PROPOSED PROJECT a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans,policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? A special-status species survey and habitat assessment analysis was prepared for the project site(EIP Associates, 2006c). The analysis included a query of the California Natural Diversity Data Base (CNDDB) that indicated occurrences of eight special status plant species, 13 special status wildlife species, and two sensitive natural communities within a five-mile radius of the project site. The drainage swale at the project site could support two of the eight plant special status species: the rose mallow and the Mason's iilaeopsis. Neither plant species was observed on the project site during EIP Associates' May 2006 survey. Nine wildlife species could use habitats present at the project site. These species include the California red-legged frog, tricolored blackbird,burrowing owl, Swainson's hawk, white- tailed kite, California horned lark, San Joaquin pocket mouse,American badger, and the San Joaquin kit fox. In addition, the project site provides suitable foraging habitat for the red- tailed hawk, great horned owl, and northern harrier that are protected by the Migratory Bird Treaty Act and the California Fish and Game Code. Tricolored blackbirds were observed along the western boundary of the project site and active nesting was observed along the wetland feature during the field survey conducted by EIP Associates. Also, while not included in the CNDDB query, loggerhead shrikes were observed at the project site. The MEIR includes Mitigation Measures M4.11-2, M4.11-3 and M4.114(b)to address some of these potential impacts_ These measures involve provisions to mitigate adverse impacts on the San Joaquin kit fox, the Swainson's hawk, and the burrowing owl. In addition, the 4-19