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MITEGATICN CRITERIA COAL: NO NET ILISS of SS I'S HAWK NESTING OR FuRAGING BABIMI VAIM I. Consultation under California Errvironmental Quality Act (CEQA) and/or California Endangered Species Act (CESA) . A. Project Consultation Project proponent should consult with the DPG regarding take of an endangered species or its habitat pursuant to CESA, and appropriate Fish and Game Code Sections. 1. Pursuant to Article 4 of CESA, State agencies are required to consult with the DPG to ensure that any action authorized, funded or carried out by that state agency will not jeopardize the continued existence of any endangered species. 2. Any project public or private which results in the take of nesting or foraging habitat must enter into a management agreement and take permit with the DFG under Fish and Game Code Section 2081 B. CEPA and Subdivision Mao Act Project proponents are encouraged to consult the Department's California Natural Diversity Data Base and Nongame Section to receive updated locational information regarding active Swainson's hawk territories. Due to the complexities of individual caws, it is advisable that developers or others planning projects or actions that may impact one or more Swainson's hawk territories initiate communication with the Department as early as possible. 1. CEQA Guidelines Sec. 15065 directs that a mandatory finding of significance is required for projects that have the potential to substantially degrade or reduce the habitat of, or restrict the range of a- threatened or endangered species. CEQA reouires agencies to implement feasible mitigation measures or feasible alternatives identified in EIR's for projects which will otherwise cause significant adverse impacts (Sections 21002, 21081, 21083; Guidelines, sections 15002, subd. (a) (3) , 15021, subd. (a) (2) , 15091, subd. (a) .) . 7