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• Rodenticide or herbicide use would be restricted in project areas where kit foxes are <br />known to be present. I <br />• Any mortalities or injuries to kit foxes that occurred as a result of project -related actions <br />would be reported immediately to USFWS and DFG. <br />• All onsite construction personnel would be required to attend a workshop on special - <br />status protection needs and endangered species laws. <br />0 All the above provisions would be included in construction contracts, along with a <br />requirement that construction crew members read and agree to adhere to the contracts. <br />Impact <br />4.2-5 Cumulative Loss of Swainson's Hawk Foraging Habitat <br />Implementation of the proposed project would eliminate approximately 40 acres of suitable <br />Swainson's hawk foraging habitat. The loss of 40 acres of foraging habitat would not decrease <br />the foraging quality for Swainson's hawk pairs in the region but would contribute to the cumulative <br />loss of foraging habitat for Swainson's hawks. <br />The cumulative loss of foraging habitat would be considered a regionally significant impact. Many <br />ongoing large and small development projects in San Joaquin County have accelerated the <br />conversion of farmlands and rangelands to urban uses. These losses affect a large segment of <br />the statewide Swainson's hawk population and have prompted state and federal agencies, local <br />governments, landowners, and developers to develop measures to successfully mitigate losses <br />of habitat and conservation strategies to maintain and enhance population levels of Swainson's <br />hawks in the Central Valley (California Department of Fish and Game 1990, Jones & Stokes <br />Associates 1990). <br />Mitigation <br />4.2-5 Provide hah-itat GoMpenga-tion for Swai on's haiNks. To red t of losr. of Sw;;ipsnn's <br />UGG the;—P-G <br />hawk fOragiAg I;abi4at W -2 lQ9_9_-th2_A-Q_igRifiGaRt I9V964hQ-W j I I I � A t 1.4 0- 11 -1 d 10 Q- Ir Q_ q w i r 9 d t -9 <br />fGIIQW MitigatiOR qUid9liAGS F9GQMM9Ad9GI by DFG (CalifgFRia D9PaFtM9At Of Fish 2nd Game 4 990) <br />thW iPG11_1d_Q_ thQ P61FGhagg Of MitiqatiQA 12ACIS at AG 1992 th2p 2 <br />4;4 ratig ., 1 aGFG FOPIaGOPWAt <br />for eac-h I ar_zra loss of habitat), In car!yin_q out the operations of the project, the applicant shall <br />take no actions which violate the provisions of the California Endangered Species Act or any other <br />laws or regulations pertaining to the protection of the Swainson's hawk. Compliance with said <br />laws shall be the sole responsibility of the applicant, and the applicant shall agree to indemnify, <br />defend, and hold the County harmless from and against any claim or action by affected State <br />agencies as to the proiect's compliance with said laws. <br />Impact <br />Implementation of the proposed project would eliminate approximately 40 acres of potential but <br />unoccupied burrowing owl foraging and nesting habitat. If burrowing owls move onto the project <br />site they could be killed during construction. The loss of foraging and nesting habitat is <br />considered a less -than -significant impact because the amount of habitat lost is small and <br />unoccupied and annual grasslands are abundant both locally and regionally. Disturbance or <br />mortality of burrowing owls is considered significant because burrowing owls are declining and <br />the owls are protected under the federal Migratory Bird Treaty Act. This impact would be reduced <br />to a less -than -significant level with implementation of Mitigation 4.2-6. 1 <br />ER -93-1 - 44 - (9-27-93) 1 <br />