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MOUNTAIN HOUSE NEIGHBORHOOD"F"PROJECT INITIAL STUDY Special-Status Species Special-status species are plants and animals that are legally protected under the state and/or federal Endangered Species Acts2 or other regulations, as well as other species that are considered rare enough by the scientific community and trustee agencies to warrant special consideration,particularly with regard to protection of isolated populations,nesting or denning locations,communal roosts and other essential habitat. The presence of species with legal protection under the Endangered Species Acts often represents a major constraint to development,particularly when they are wide ranging or highly sensitive to habitat disturbance and where proposed development would result in a"take,3 of these species. Detailed discussions of the potential for occurrence of special-status species and the results of detailed surveys are provided in the 1993 and 1994 EIRs, including information on Swainson's hawk(Buteo swanisoni), San Joaquin kit fox(Vulpes macrotis mutica),burrowing owl(Athene cunicularia), and western pond turtle (Clemmys marmorata pallida),among others. The Mountain House Multi-Purpose Habitat Management Plan(HMP)was also prepared for the entire Mountain House New Community and can be found in Appendix 7-13 of the Master Plan. The HMP addresses standards to ensure successful implementation of the Plan, mitigation lands,responsible agencies, and phasing. The SSE provides an update on the potential for occurrence of essential habitat for these and other special-status species on the site,including 11 plant species and nine animal species of concern. No special-status plant populations or essential habitat for special-status animal species were encountered during the 1999 surveys or are suspected to occur on the site. Recommendations were made in the SSE to minimize the potential for establishment of new dens or active nests on the site before construction,including disking and removal of ground squirrel burrows in the fall, inspection for kit fox occupancy of burrows over 4 inches in diameter, and removal of existing trees in the fall to prevent establishment of Swainson's hawk nests and nests for other raptor species of concern. The draft San Joaquin County Multi-Species Habitat Conservation and Open Space Plan(SIMSCP) is intended to provide a strategy for balancing the need to conserve agricultural lands and wildlife habitat while accommodating a growing population. The SIMSCP is designed to establish an assessment process for conversion of land to non-open space uses when such conversion may affect the plant, fish, and wildlife species covered by the SIMSCP. Species of concern covered under the SIMSCP include: Swainson's hawk, California tiger salamander, western pond turtle, giant garter snake,and valley elderberry longhorn beetle, among others. The ultimate goal of the SIMSCP is to provide 100,841 acres of"preserves"over the projected 50-year lifetime of the SIMSCP,most of which would be purchased as conservation easements over agricultural lands. Once the SIMSCP permits are issued by the U.S. Fish and Wildlife Service(USFWS)and California Department of Fish and Game(CDFG),the local agencies approving the SIMSCP must adopt enabling ordinances and/or resolutions. SIMSCP participants would then be permitted to proceed with land conversion activities that may result in"incidental take"of listed species. 'Special-status species include:designated rare,threatened,or endangered and candidate species for listing by the California Department of Fish and Game(CDFG):designated threatened or endangered and candidate species for listing by the U.S.Fish and Wildlife Service(USFWS);species considered rare or endangered under the conditions of Section 15380 of the California Environmental Quality Act Guidelines,such as those plant species identified on lists IA, 1 B and 2 in the Inventory ofRare and Endangered Vascular Plants of California by the California Native Plant Society(CNPS);and possibly other species which are considered sensitive or of special concern due to limited distribution or lack of adequate information to permit listing or rejection for state or federal status,such as those included on list 3 in the CNPS Inventory or identified as animal"Species of Special Concern"by the CDFG. s The federal Endangered Species Act(FESA)of 1973 declares that all federal departments and agencies shall utilize their authority to conserve endangered and threatened plant and animal species. The California Endangered Species Act(CESA)of 1984 parallels the policies of FESA and pertains to native California species. 3"Take"as defined by the FESA means"to harass,harm,pursue,hunt,shoot,wound,kill,trap,capture or collect"a threatened or endangered species. "Hann"is fii then defined by the USFWS to include the killing or harming of wildlife due to significant obstruction of essential behavior patterns(i.e.,breeding,feeding,or sheltering)through significant habitat modification or degradation.The CDFG also considers the loss of listed species habitat as take,although this policy lacks statutory authority and case law support under the CESA. CAJOBMcvrrmALM1JDYTNALINr1UL=Y-PARTi.DOCc7nmoo) 107 V.L. BIOLOGICAL RESOURCES