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Item No. 4 PC: 6-17-93 UP-93-7 _ Page 9 MITIGATION MONITORING PROGRAM IMPACT: Loss of approximately 96 acres of foraging habitat for the Swainson's (Buten swainsonD hawk. MITIGATION: A plan shall be prepared in consultation with, and shall meet the approval of, the Department of Fish and Game (DFG). The plan shall provide for a habitat management agreement with the DFG that will ensure a highly productive foraging habitat in perpetuity for Swainson's hawks. The habitat protection, replacement, and management plan shall comply with the DFG's 'Mitigation Guidelines for Swainson's Hawks in the Central Valley of California (1992)' and provide any replacement foraging habitat as close to the site as possible. Replacement habitat could be established by obtaining a conservation easement over suitable agricultural lands, specifying acceptable and unacceptable crop types, prohibiting rodent control, and possibly including management requirements for habitat enhancement such as planting and maintenance of fence rows. Pursuant to Section 2081 of the State Fish and Game Code, a take permit for loss of Swainson's hawk habitat shall be obtained by the applicant, and a copy of the fully executed habitat management agreement with the DFG shall be submitted to the San Joaquin County Community Development Department prior to the issuance of any grading permits. MONITORING ACTION: Copies of the recorded management agreement and take permit shall be submitted to the Development Services Division. Monitoring of the management agreement will be determined by the DFG. RESPONSIBILITY: The Department of Fish and Game will be responsible for contents of the management agreement and for issuing the take permit. The Development Services Division will be responsible for ensuring that the applicant has entered into a management agreement with and obtained a take permit from the DFG. The implementation of the management agreement is the responsibility of the DFG. TIMING: The applicant shall enter into a management agreement and obtain a take permit prior to the issuance of grading permits and within 18 months from the date of approval of the Use Permit application. The timing of specific aspects of the management agreement will be determined by the DFG.