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�-.V Yitia/Study—LID Annexation communities as well as individual species.The NCCPA's focus on regional conservation rather than individual project mitigation is appropriate for complex and extensive programs. However, no NCCPs currently cover the project area. San Joaquin County Multi-Species Habitat Conservation and Open Space Plan The San Joaquin County Multi-Species Habitat Conservation and Open Space Plan(SJMSCP) provides a strategy for balancing the desires to conserve open space in San Joaquin County, maintain the agricultural economy,and allow development. It was developed to avoid,minimize, and mitigate impacts on plant and wildlife habitat, projected to occur in San Joaquin County between 2001 and 2051,resulting from conversion of up to 109,302 acres of open space land to non-open space uses. Ninety-seven species are covered by the SJMSCP, which is intended to provide comprehensive mitigation,pursuant to local, state,and federal regulations,for impacts on these species from SJMSCP-permitted activities. USFWS and CDFG participated in development of the SJMSCP,approved the mitigation, and agreed to issue incidental take permits for species and activities covered by the SJMSCP.Therefore,participation in the SJMSCP permits activities that result in or may result in incidental take of covered state-listed or federally listed species,as well as other covered non-listed sensitive species,that may otherwise require a federal or state incidental take authorization.The SJMSCP also allows for take under the MBTA of those migratory birds covered by the SJMSCP that are federally listed under the ESA,with the exception of bald and golden eagles.The SJMSCP relies on minimization of potential take through implementation of take avoidance and minimization measures and compensation for incidental take and loss of habitat through payment of fees(or in-lieu land dedication)for conversion of open space lands. These fees shall be used for preservation and creation of natural habitats to be managed in perpetuity through the establishment of habitat preserves. Participation in the SJMSCP is voluntary for local jurisdictions and project proponents. The City of Lathrop adopted the SJMSCP on January 16, 2001,and has signed the implementation agreement. A Section 10(a)(IXB)permit was issued by USFWS to the City of Lathrop in 2002.This Section 10 permit also constitutes a special purpose permit for MBTA-covered species.A Section 208 1 permit was issued by CDFG to the City also in 2002.As a result of the City's participation in the SJMSCP and issuance of these permits,project proponents within the City's jurisdiction have the opportunity to seek coverage under the SJMSCP. West Lathrop Specific Plan Habitat Management Plan for Swainson's Hawk The West Lathrop Specific Plan Habitat Management Plan and Section 2081 Management Agreement for Swainson's Hawk(drafted by Sycamore Environmental Consultants in 1995 was developed to minimize and compensate for impacts on Swainson's hawk from implementation of the West Lathrop Specific Plan(WLSP). Objective 5C in the WLSP, "Retain and enhance existing habitat in West Lathrop, wherever feasible,phasing the provision of habitat preservation areas with overall development phases,"references the need to implement the HMP to protect biological resources.HMP mitigation measures include preservation of foraging habitat at a 0.5: 1 preservation-to-impact ratio,preconstruction nest surveys, and establishment of buffer areas around active nests.The HMP and Section 2081 Management Agreement provide CDFG authorization under the California Endangered Species Act for removal of Swainson's hawk foraging and nesting habitat in the WLSP area.The SJMSCP was not complete when the HMP was authorized. The City has adopted the SJMSCP to cover Swainson's hawk habitat in lieu of this HMP. For the provision of sewer and water services, biological impacts were analyzed in the Lathrop Water, Wastewater and Recycled Water Master Plan EIR (Master Plan EIR), River Islands EIR 29