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s • A survey shall be conducted by a qualified biologist during spring or early summer(April- July) before the start of each phase of mining activities near any of the six identified nest sites. If an active nest is located within 500 feet of an excavation area, the nest tree shall be avoided during the nesting season (March-June 15) until the young have fledged. If an active nest tree cannot be avoided, the removal shall occur after the breeding season (after June 15 and before March 1). E.6 Potentially Siqnificant Impact: Potential disturbance of nesting Swainson's hawks. Finding: Changes or alterations have been required in or incorporated into the project that avoid or substantially lessen the significant environmental effects as identified in the Final EIR. Statement of Fact: This impact will be reduced by the following: • Consult with DFG and follow mitigation guidelines to avoid disturbance of nesting Swainson's hawks if an active nest site is found within 0.5 mile of the disturbance site. E.7 Potentially Significant Impact: Potential loss of foraging habitat for Swainson's_hawks. Finding: Changes or alterations have been required in or incorporated into the project that avoid or substantially lessen the significant environmental effects as identified in the Final EIR. Statement of Fact: This impact will be reduced by the following: • Compensate for the loss of foraging habitat by providing replacement habitat. Based on the DFG-required compensation of 0.75 acre of habitat management land for each acre of development authorized (0.75:1 ratio), 75 acres of suitable hawk habitat outside the excavation area would be required. San Joaquin County QX-94-2/KRC Aggregate Community Development Page 24