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JUN 09 '94 Oi:31PM CALIFORNIA DEPT. OF FISH & GAME1 Post-It'brand to nemittal memo 7871 war Pia R a2 STATE OF CALIFORNIA—THE RESOURCES AGENCY To /( r0 FromCa. D F' DEPARTMENT OF FISH AND GAME s• . C1+ • ca -2 /t)Lln REGION 2 L)w �� 1 Phanew 1701 NIMBUS ROAD, SINTF A' Fan Q� T. 'J, Dl- b" 77 RANCHO CORDOVA, CA 10 R Fax 567 (916) 355-70201 June 8, 1994 Mr. Richard Larrouy San Joaquin County Community Development Department 1810 East Hazelton Avenue Stockton California ,95205 Dear Mr. ' Larrouy; ThelDepartment of. Fish and Game (DFG) has reviewed the Major Subdivision Application (SU-93-2) for Meladee Dodds (SCH# 94152022) , The project proposes subdivision of 97 . 12 acres into 42 parcels of about two acres each. The project is located north ofiGalt in San Joaquin County. Wildlife habitat Conditions consist of a relatively large .pasture (97 acres) bordering residential development on the south, and agricultural fields on the north . Significant resources on the project site include a grove of mature trees (Cottonwoods and valley oaks) along the project' s eastern boundary.! There are active Swainson' s hawk (Buteo swain pni ) neat sites located along Dry Creek. Much of the land north of the project site along ' Jahant Slough and Dry Creek provides foraging 'and nesting habitat for the Swainson' s hawks . In fact, there is :::an active Swainson' s hawk nest site located in the grove of trees along the project' s eastern boundary. The ITnitial Studystates that according to the Natural Diversity, Data Base there are "no threatened or endangered species. . . . . on this site" . This statement illustrates the danger in using Ithe California Natural Diversity Data Base (NDDB) as the means of establishing the absence of sensitive fish and wildlife or their habitat on a given project area. The NDDB is an observational data base and is only as good as the records that are entered, into it . In many cases, including the Current project site, surveys have not been completed and therefore records ii the NDDB for the project site do not exist. The presence of breeding Swainson' s hawks on or adjacent to the project site require that impacts to the Swainson' s hawk be avoided or mitigated to a level of insignificance . If the following measures are made conditions of project approval, the DFG wouldiconcur with a Finding for a Mitigated Negative Declaration pursuant to California Environmental Quality Act Guidelines . 1 . All mature trees, within the project boundaries are protected . I