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f approved and implemented,will make impacts on Swainson's hawk habitat less than significant. The following mitigation measures will mitigate these impacts to below a level of significance. Mitigation Measures (Impact F.3): (a) Under current project plans, approximately 10.3 acres of the Brocchini property and the 6.5-acre triangular property would be retained as a Wildlife Preserve/Floodplain Easement. Proposed creek modifications would also increase on-site creels acreage from 4.5 to 7.0 acres;therebypotentiallyproviding additional wildlife habitat(see Mitigation MeasureFl). Additionally, the preliminarypost-closure maintenance plan states that, upon closure of the landfill, the site would be capped, including revegetation with drought resistant grasses, resulting in a grassy hillock without public access (designated as Open Space) (R.W. Beck and Associates, 1993). As portions of the landfill are closed, they would also be converted to wildlife preservation areas. However, the CDFG would '' still consider any such disturbance extending over two breeding seasons to be a !� permanent displacement of Swainson's hawkforaging habitat due to the possibility of ' extirpation of the species during the intervening period(City,of Stockton 1994). Consequently, impacts on 202.2 acres of Swainson's hawk foraging habitat would still occur; and 3 (b) The owners, developers and/or successors in interest shall provide suitable replacement habitat for the loss of any individually or cumulatively significant Swainson's hawk nesting and/or foraging habitatfrom the project site and shall enter into a habitat mitigation/management agreement with the CDFG to insure a no-net-loss of habitat value. A copy of the fully executed agreement with CDFG shall be submitted to the County of San Joaquin Community Development Department prior to the issuance arst or of any construction permit or initiation of site improvements, whichever occurs f , r (c) Upon approval and implementation of the San Joaquin County Multiple-Species Conservation and Open Space Plan(SJMSCP) (San Joaquin Council of Governments, 1999), which provides a financing mechanism for the preservation enhancement, and long-term management of Swainson's hawk foraging and nesting habitat within San Joaquin County, the owners, developers and/or successors in interest to any applicable undeveloped portion of the project site shall pay any specified fees, or otherwise verify compliance with adoptedfinancing mechanism (s),prior to the issuance of any construction permit or initiation of site improvements, whichever occurs first. Payment of those fees or other financing mechanism(s)shall be in-lieu of entering into a separate habitat mitigation/management agreement with CDFG. Facts in Support of the Finding: The potential for impacts from reduction of Swainson's hawk habitat is discussed in Section III.F of the EIR. The San Joaquin County Multiple-Species Conservation and Open Space Plan is designed to mitigate impacts on Swainson's hawk habitat,among others.If this Plan is not approved and implemented,a habitat mitigation/management agreement with the California Department of Fish and Game,which has responsibility for habitat preservation,would mitigate impacts on Swainson's hawk habitat. 27