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MOUNTAIN HOUSE NEIGHBORHOODS K AND L INITIAL STUDY 5.ENVIRONMENTAL CHECKLIST 4.BIOLOGICAL RESOURCES Mitigation Measure M4.11-3: Mitigation for project impacts on Swainson's hawk consisted of a number of mitigation scenarios for on-site and/or off-site compensatory habitat mitigation and implementation of take avoidance measures during construction. The mitigation measures set forth in the 1994 MEIR were contingent upon further negotiation with regulatory and resource agencies, and increased compliance with the San Joaquin County General Plan, California Fish and Game Code,and the CDFG's draft mitigation guidelines for Swainson's hawk in the Central Valley(CDFG, 1994). The findings determined that adoption of the Mountain House Multi- Purpose Habitat Management Plan (HMP)with revisions proposed in this mitigation would reduce impacts on Swainson's hawks to less-than- significant levels. While the Mountain House Multi-Purpose HMP was not adopted,the County has adopted the San Joaquin County Multi-Species Habitat Conservation and Open Space Plan (SJMSCP)that will accomplish the desired mitigation objectives. Mitigation Measure M4.11-4: Mitigation to protect any special-status species that may occur along the Old River corridor in the 1994 MEIR consisted of future surveys and preparation of habitat protection plans. This mitigation measure called for a focused survey for California hibiscus along the banks of Old River. This mitigation measure also called for trawling surveys in Old River to confirm presence or absence of Delta smelt,winter-run Chinook salmon,and Sacramento splittail. This mitigation measure further called for _ preparation of a habitat protection plan for special-status species that may occur along the Old River corridor prior to approval of a Specific Plan in this area. Focused surveys for California hibiscus were conducted in 2003 as part of the environmental review for SPIT. No California hibiscus was observed along the banks of Old River during these surveys. Trawling surveys in Old River were not done for SPIT due to elimination of the proposed marina on Old River,the listing of Chinook salmon as a threatened species, and the associated need for a federal take permit to handle the species. Furthermore, since publication of the 1994 MEIR, the seasonal distribution of Delta smelt has been better documented and the likelihood of occurrence in Old River or nearby waterways is considered extremely low as this species rarely, if ever, migrates so far upstream from the Bay and lower Delta. Additionally, potential impacts on Delta smelt are routinely mitigated through construction scheduling pursuant to a programmatic agreement between USFWS and U.S.Army Corps of Engineers(USACOE), negating the need for project-specific surveys. SPIT was approved in February 2005. Fi The project description for Neighborhood K includes the possibility of a future boat ramp as part of the park improvements along Old River. No details have been prepared identifying the location and design for the boat ramp, but further environmental review and permit authorization would be required to address the significance of potential impacts and need for } construction avoidance and mitigation measures. This could include t• i (W711 1) 5-57 fll