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San Joaquin County Community Environmental Setting,Impacts,and Mitigation Measures Development Department Biological Resources Impact 13I0-2: Disturbance of Nesting Swainson's Hawk (Less than Significant with Mitigation Incorporated) Suitable Swainson's hawk nest sites are located within 500 feet of the proposed Project and could be used by breeding Swainson's hawks during project construction. If construction occurs during the breeding season(generally between March 1 and August 15),noise associated with construction activities could disturb Swainson's hawk nesting within 0.25 mile of the project site. This y disturbance could cause nest abandonment and subsequent loss of eggs or developing young at active nests of a state-listed threatened species. This impact is considered significant. Implementation of Mitigation Measure BIO-2 would reduce this impact to a less-than-significant level and avoid violating ` the CESA. Mitigation Measure BIO-2: Conduct a Preconstruction Swainson's Hawk Survey If construction is scheduled to occur during the Swainson's hawk breeding season(generally March 1 through August 15), a qualified .. biologist will be retained by DeSilva Gates or its contractor to survey for nesting Swainson's hawks in suitable habitat within a 0.25-mile radius of the construction site. The survey will be conducted within 2 days before construction begins. If the biologist determines that the area surveyed does not contain any active nests,then construction activities can commence without any further mitigation. t.. If surveys indicate that an active Swainson's hawk nest is present in the survey area, a no-disturbance buffer shall be established around the site to avoid disturbance of the nest site until after the breeding season or after a qualified wildlife biologist determines that the young have fledged (usually late June to mid-July). The extent of these buffers shall be detemrined by the biologist(coordinating with DFG)and will depend on the level of noise or construction disturbance, line-of-sight between the nest and the disturbance,ambient levels of noise and other disturbances, and other topographical or artificial barriers. These factors will be analyzed in order to make an appropriate decision on buffer distances. Impact 13I0-3: Loss or Disturbance of San Joaquin Kit Fox and Their Habitat (Less than Significant with Mitigation Incorporated) Implementation of the proposed Project could affect an area of up to 213 acres of potential San Joaquin kit fox foraging and denning habitat. This acreage was calculated based on the total project size identified in the project application, and subtracting the utility ROW area and the area at the northeast comer of the site where no activities are proposed. Some areas within the site that are not actively ., being mined could be excluded from disturbance if they are separated from the rest of the site by a sufficient barrier,they are not fragmented, and no mining DeSilva Gates Quarry Project Draft Environmental Impact Report 3.D-15 J&5 0510.5.05 r