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incidental take avoidance and minimization measures described below for nesting raptors shall be implemented.Additional measures below shall be implemented to avoid loss of active nests of common raptor species, which are not covered under the SJMSCP but are protected under the California Fish and Game Code.The project applicants shall retain qualified biologists to conduct all pre-construction surveys. White-tailed Kite. If project construction begins during the nesting season (February 15— September 15), pre-construction surveys shall be conducted to investigate all potential nesting trees on the project site(e.g., especially tree-tops 15-59 feet above the ground in oak, willow, eucalyptus, cottonwood, or other deciduous trees), whenever white-tailed kites are noted on-site or within the vicinity of the site during the nesting season. A setback of 100 feet from white-tailed kite nesting areas shall be established and maintained during the nesting season for the period encompassing nest building and continuing until fledglings leave nests. This setback applies whenever construction or other ground-disturbing activities must begin during the nesting season in the presence of nests that are known to be occupied. Setbacks shall be marked by brightly colored temporary fencing. Northern Harrier. If project construction begins during the nesting season (February 15— August 31), pre-construction surveys shall be conducted during the nesting season in suitable nesting habitat within 500 feet of areas of project activity. The survey shall be conducted within the 2 weeks before construction begins. A setback of 500 feet from northern harrier nesting areas shall be established and maintained during the nesting season for the period encompassing nest building and continuing until fledglings leave nests. This setback applies whenever construction or other ground-disturbing activities must begin during the nesting season in the presence of nests that are known to be occupied. Setbacks shall be marked by brightly colored temporary fencing. Common Raptors. If project construction begins during the nesting season (February 15— August 31), pre-construction surveys shall be conducted during the nesting season in suitable nesting habitat within 500 feet of areas of project activity. The survey shall be conducted within the 2 weeks before construction or tree removal begins. If any active nests are found, a setback of 200 feet from each nest shall be established and maintained during the nesting season for the period encompassing nest building and continuing until fledglings leave nests. This setback applies whenever construction or other ground-disturbing activities must begin during the nesting season in the presence of nests that are known to be occupied. Setbacks shall be marked by brightly colored temporary fencing. [MM 4.10-61 Timing: The applicant shall submit a biologist's report of pre-construction surveys to the San Joaquin County Community Development Department(CDD)prior to the issuance of grading permits for the project. 39. Conversion of Other Special Status Nesting Bird Habitat: During the SJMSCP application process, SJCOG will determine whether that specific project site supports suitable habitat for loggerhead shrike, California horned lark, or tricolored blackbird. If SJCOG determines suitable habitat is present on or adjacent to a given project site, the following SJMSCP incidental take avoidance and minimization measures shall be implemented by the project applicants in consultation with a qualified biologist. Loggerhead Shrike. If project construction begins during the nesting season (April 1—August 31), pre-construction surveys shall be conducted during the nesting season in suitable nesting habitat within 100 feet of areas of project activity. The survey shall be conducted within the 2 weeks before construction or tree removal begins. A setback of 100 feet from loggerhead shrike nesting areas shall be established and maintained during the nesting season for the period encompassing nest building and continuing until fledglings leave nests. This setback applies whenever construction or other ground-disturbing activities must begin during the nesting season in the presence of nests that are known to be occupied. Setbacks shall be marked by brightly colored temporary fencing. 10