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oak, willow, eucalyptus, cottonwood, or other deciduous trees), whenever white-tailed kites <br /> are noted on-site or within the vicinity of the site during the nesting season. A setback of 100 <br /> feet from white-tailed kite nesting areas shall be established and maintained during the <br /> nesting season for the period encompassing nest building and continuing until fledglings <br /> leave nests. This setback applies whenever construction or other ground-disturbing activities <br /> must begin during the nesting season in the presence of nests that are known to be <br /> occupied. Setbacks shall be marked by brightly colored temporary fencing. <br /> Northern Harrier. If project construction begins during the nesting season (February 15— <br /> August 31), pre-construction surveys shall be conducted during the nesting season in <br /> suitable nesting habitat within 500 feet of areas of project activity. The survey shall be <br /> conducted within the 2 weeks before construction begins. A setback of 500 feet from <br /> northern harrier nesting areas shall be established and maintained during the nesting season <br /> for the period encompassing nest building and continuing until fledglings leave nests. This <br /> setback applies whenever construction or other ground-disturbing activities must begin during <br /> the nesting season in the presence of nests that are known to be occupied. Setbacks shall <br /> be marked by brightly colored temporary fencing. <br /> 38. Common Raptors. If project construction begins during the nesting season (February 15— <br /> August 31), pre-construction surveys shall be conducted during the nesting season in <br /> suitable nesting habitat within 500 feet of areas of project activity. The survey shall be <br /> conducted within the 2 weeks before construction or tree removal begins. If any active nests <br /> are found, a setback of 200 feet from each nest shall be established and maintained during <br /> the nesting season for the period encompassing nest building and continuing until fledglings <br /> leave nests. This setback applies whenever construction or other ground-disturbing activities <br /> must begin during the nesting season in the presence of nests that are known to be <br /> occupied. Setbacks shall be marked by brightly colored temporary fencing. (MM 4.10-6) <br /> Timing: The applicant shall submit a biologist's report of pre-construction surveys to the San <br /> Joaquin County Community Development Department(CDD) prior to the issuance of grading <br /> permits for the project. <br /> 39. Conversion of other special status nesting bird habitat: During the SJMSCP application <br /> process, SJCOG will determine whether that specific project site supports suitable habitat for <br /> loggerhead shrike, California horned lark, or tricolored blackbird. If SJCOG determines <br /> suitable habitat is present on or adjacent to a given project site, the following SJMSCP <br /> incidental take avoidance and minimization measures shall be implemented by the project <br /> applicants in consultation with a qualified biologist. <br /> Loggerhead Shrike. If project construction begins during the nesting season (April 1—August <br /> 31), pre-construction surveys shall be conducted during the nesting season in suitable <br /> nesting habitat within 100 feet of areas of project activity. The survey shall be conducted <br /> within the 2 weeks before construction or tree removal begins. A setback of 100 feet from <br /> loggerhead shrike nesting areas shall be established and maintained during the nesting <br /> season for the period encompassing nest building and continuing until fledglings leave nests. <br /> This setback apolies whenever construction or other ground-disturbing activities must begin <br /> during the nesting season in the presence of nests that are known to be occupied. Setbacks <br /> shall be marked by brightly colored temporary fencing. <br /> 10 <br />