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Ms. Kim Tarbell September 16, 1996 Page 3 1 to 3 miles of the project site(San Joaquin County Community Development Department. 1993. Habitat conservation plan. San Joaquin kit fox in western San Joaquin County. Preliminary draft. June 25, 1993. Stockton,CA). EIP Associates accepted as reliable a kit fox observation at the Tracy Airport approximately 1 mile from the project site but was unable to locate any active dens during subsequent searches(Beeman G. A. Wildlife biologist. Private consultant, Lafayette,CA. May 16, 1991 -meeting; May 10 and 15 and June 5, 1991 and February 15, 1993 -telephone conversations). EIP Associates(Mullen, D. Project manager. EIP Associates, San Francisco, CA. July 17, 1992 - telephone conversation) also recorded small canid tracks it considered to be kit fox tracks at the intersection of Linne Road and Tracy Boulevard,approximately 1 mile northwest of the project site, but did not find any active dens after den searches. Jones & Stokes Associates conducted USFWS protocol-level surveys for San Joaquin kit foxes in 1993 at what is now the Tracy Materials Recovery and Transfer Facility on MacArthur Drive just south of the 156-acre orchard. Jones& Stokes Associates concluded that kit foxes were not denning or foraging onsite and that although the project site was near an area where kit foxes had been observed,kit foxes either did not use the project site or did so only infrequently. Because the project site was small and isolated from other suitable potential kit fox habitat(on the west side of Highway 580),Jones& Stokes Associates concluded this site was not essential to maintain kit fox individuals or populations that may occur nearby. Other Special-Status Species Jones& Stokes Associates did not observe any special-status plant or wildlife species during the survey. In addition, the Traina property consists entirely of orchards which do not provide important habitat for any special-status species. Orchards may provide temporary roosting habitat for the state, fully protected, white-tailed kite (Elanus caeruleus);but this habitat is not limited to the project area and its loss would not affect local populations of white-tailed kites. Orchards are not considered suitable habitat for the Swainson's hawk or the showy Indian clover. Biologists did not observe burrowing owls which could occur around the orchard perimeter in bermed areas but these areas would be protected by the proposed buffer around the mining area. Conclusions There were no potential or active kit fox dens or any positive sign of kit foxes within the proposed mining area. The one potential den was located outside of the proposed mining area and would not be disturbed by the proposed mining operation. The loss of 156 acres of orchard habitat on the Trains property would not affect kit fox denning or foraging habitat. Based on our recent surveys and those conducted nearby in 1993, Jones & Stokes Associates, Inc. �. 2600 V Street,Suite 100•Sacramento,CA 95818-1914•Fax 916/737-3030.916/737-3000