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f ; junction (CNDDB, 1996). A large number of ground squirrel burrows along the eastern edge of the project site represent potential nesting sites for the burrowing owl. No active burrows or evidence of burrow activity was found during the reconnaissance field survey. Suitable j y nesting habitat occurs on the protect site, but is restricted to orchard edges and other ruderal areas. Because the reconnaissance survey was not conducted during the burrowing owl nesting season (April 15 - July 15), nesting on-site cannot be ruled out. Sensitive Habitats 3 # Sensitive habitats include those that are of special concern to resource agencies, or that are afforded legal protection through the California Environmental Quality Act, Section 1600 of the California Fish and Game Code, and/or Section 404 of the Clean Water Act. � No wetlands or other sensitive habitats occur on the project site. j �- REGULATORY FRAMEWORK Federal Endangered Species Act F Pursuant to the Federal Endangered Species Act (FESA), the United States Fish and Wildlife Service (USFWS) has •regulatory authority over projects that may affect the continued existence of a federally-listed Endangered species. Because the San Joaquin kit fox is listed as Endangered by FESA, formal consultation with the USFWS is required s for projects that would adversely affect the kit fox or its habitat. As part of formal consultation, the USFWS can require the proponent to obtain an incidental take permit. If an incidental take permit is required, it would be necessary for the proponent to prepare a Habitat. Conservation Plan (HCP) that includes a discussion of impacts and any mitigation developed to offset impacts to kit fox. The USFWS would review the HCP and 1 ; then prepare a Biological Opinion. If the USFWS determines that the proposed mitigation 5 is adequate and that the project would not threaten the continued existence of kit fox, a Non-Jeopardy Biological Opinion.would be rendered and a permit for incidental take would be issued by the USFWS. California Endangered Species Act Mitigation for take of individuals species listed pursuant to the California Endangered Species Act (CESA) is currently accomplished through a Section 2081 (Fish and Game Code) Agreement g Bement for the Management of Endangered Species. This Agreement establishes acceptable levels of take, and measures for impact avoidance and mitigation, in the context that the Agreement'is justified if there is a net benefit to the affected species. The elements of a Section 2081 Agreement are generally similar to those of a federal take permit. The mitigation to be accomplished for a federal take permit will generally fulfill state requirements, especially if California Department of Fish and Game (CDFG) is consulted ' in the formulation of the federal permits. However, additional guarantees with the State of California may be required. 'I Draft.Environmental Impact Report 4-100 ER-96-3