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U mitigation measures would reduce potential impacts to the creek to less than significant levels. The plan is consistent with the wetland mitigation goals in the San Joaquin County Multiple Species Conservation and Open Space Plan (San Joaquin County Council of Governments, 1999) and the San Joaquin County General Plan 2010. During biological field investigations conducted for the 1994 EIR, a nesting pair of Swainson's hawks was observed in a valley oak on the eastern boundary of the Brocchini property on April 4, 1991 (see Figure F- 1). During subsequent fieldwork, no additional nesting of this species was observed, although a total of 13 potential raptor nests were identified in on-site trees(see Figure F-1). Additionally, Swainson's hawks were observed foraging over the Brocchini property and adjacent lands to the east on April 4, 1991, July 2, 1992, and March 19, 1993. Swainson's hawks were observed flying over the project site during the site reconnaissance on September 23, 1999. No raptor nests were observed in any of the oak trees, although there were several large magpie nests, which may have been mistaken for raptor nests during earlier surveys. implementation of the proposed projectwould, over the approximately 40-year project life, displace 83 acres of high quality foraging habitat(Brocchini property alfalfa field) and 136 acres of moderate quality foraging habitat(CYA and triangular properties)within a 10-mile radius of multiple State-listed Swainson's hawk nest sites (219 acres total) and would contribute to the cumulative loss of potential Swainson's hawk foraging habitat in San Joaquin County. 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 creek acreage from 4.5 to 7.0 acres, thereby potentially providing additional ease on-site would also �ncr9 wildlife habitat. Additionally,the preliminary post-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. 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 hawk foraging 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. 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 habitat from the project site and shall enter into a habitat mitigation/management agreement with the CDFG to ensure a no- net-loss of habitat value. A copy of the fully executed agreement with CDFG shall be submitted to the nt prior to the issuance of an construction County of San Joaquin Community Development Departure p Y _ permit or initiation of site improvements,whichever occurs first. Alternatively, upon approval and implementation of the San Joaquin County Multiple-Species Habitat 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 habitat for numerous wildlife species, including Swainson's hawk foraging and nesting habitat, with 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 adopted financing mechanisms, prior to the issuance of any construction permits or initiation of site improvements,whichever occurs first. Payment of those fees or other financing mechanisms shall be in-lieu of entering into a separate habitat mitigation/management agreement with CDFG. These mitigations would reduce this impact to a less than significant level. Sacramento River winter chinook salmon is a Federal-and State-listed Endangered species. The National Marine Fisheries Service(NMFS) has stated that this fish species could be present in Little Johns Creek at Sart Joaquin County GP-99-7, ZR-99-6, UP-99-17, ER-99-21City of Stockton Community Development Page 11