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Ms.Alisa Goulart San Joaquin County Community Development Department February 11,2020 Page 6 I i CDFW recommends the IS/MND be revised to include a measure requiring participation in the SJMSCP,or in the event SJMSCP does not cover the Project or the Proponent elects to not participate in the Plan,then CDFW recommends the IS/MND Include language defining the Project's obligation to obtain take coverage through an ITP issued by CDFW. Comment 6:Revision needed to mitigate impacts to Swainson's hawks to a level of less- than-significant The IS/MND does not mitigate potential impacts to Swainson's hawk(Buteo swahisoni)to less- than-significant because the IS/MND lacks an evaluation of impacts to Swainson's hawks and does not Include mitigation measures requiring 1)pre-construction surveys conducted according to CDFW'S Recommended Timing and Methodology for Swainson's Hawk Nesting Surveys in Californias Central Valley(2000)(see https://wildlife.ca.gov/conservation/survev- protocols#377281284-birds),2)avoidance measures determined by CDFW if and when Swainson's hawks are discovered at or within a half-mile of the Project site,and 3)a measure requiring participation in SJMSCP,The ISMND does not define avoidance measures in the event Swainson's hawks are discovered or reduce impacts from permanent loss of foraging habitats or indirect impacts to nesting hawks from increased construction activity to a level of less-than-significant as it does not offset those impacts with a compensatory mitigation requirement.Swainson's hawks are designated as a State of California Threatened Species and Impacts to the species and its habitat is prohibited without meeting certain conditions.The loss and conversion of native grasslands and agricultural lands to urbanization and orchard and vineyard agriculture is the primary threat to Swainson's hawk populations throughout California, and about 80 percent of the Central Valley population of Swainson's hawks are located with the Sacramento,San Joaquin,and Yolo counties region.The Project's potential impacts to this historically denser population is a significant impact that warrants mitigation to less-than- significant through the IS/MND. To correct this,CDFW recommends the IS/MND be revised and recirculated to include an impacts analysis that provides an evaluation and discussion of potential Impacts of the Project to Swainson's hawks and their habitats according to CDFW's Staff Report Regarding Mitigation for impacts to Swainson's Hawks(Buten swainsonl)in the Central Valley of California(1994).If Impacts are identified,CDFW recommends the IS/MND be revised to include adherence to the mitigation strategies defined in the Staff Report in addition to adherence to CDFW's Recommended Timing and Methodology for Swainson's Hawk Nesting Surveys In California's Central Valley(2000)survey protocol,or require participation in the SJMSCP.If the IS/MND i does not include a measure that requires participation in the SJMSCP,CDFW recommends the ISIMND be updated to include a measure requiring compensatory mitigation for impacts to I Swainson's hawk nesting and foraging habitat at a minimum of a 3:1 mitigation ratio(conserved habitat to impacted habitat)for permanent impacts and a 1:1 ratio for temporary impacts,as well as language defining the project's obligation to obtain take coverage through an ITP Issued by CDFW. In the event SJMSCP does not cover the Project or the Proponent elects to not participate in the SJMSCP,CDFW recommends the following specific and enforceable measures for Swainson's hawk be incorporated into a revised and recirculated IS/MND to minimize and avoid impacts: