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Because of the high visibility of flying buteo hawks and the fact that the male and, after chick hatching,both parents execute numerous landings and take-offs at or near their nest site, the EIR biologist is confident that the information contained in the revised biological study is correct. There were two Swainson's hawk nesting attempts on the project site during 1992. It is also interesting to note that this number is the same as that reported from a survey commissioned in June 1991 by the owner of the property and also the same as the number of Swainson's hawk territories reported for the Brovelli Woods area on the map of the Dry Creek SKWnson's Hawk SubpopulationArea prepared for San Joaquin County by Jones&Stokes Associates, Sacramento. It may well be that the number of nesting Swainson's hawk territories, which a mature riparian woodland the size of the Brovelli stand can support, is indeed about two and no more. 139: The potential problems of rodent poisoning, loss of foraging habitat and human disturbance as it could affect the Swainson'hawk was addressed in the revised biological study. No observation of a Swainson's hawk actually taking a prey item on the project site was made. This, along with the present low small rodent production in most of the grazed grassland on the site, strongly suggests that presently the area is not an important foraging site for this raptor. Given this observation-based assumption, it is the consulting biologist's opinion that the removal of cattle and the resulting creation of a productive, microtis-based grassland foraging habitat over much of the site would dramatically increase the worth of the property as a buteo foraging habitat, thereby adequately addressing the concerns expressed by CDFG. BIO: In concept,a Scottish-type golf course involves fairways of ungrazed,unmowed grassland,either relatively short or with mid-point mowed area between tee and green, no rodent control. It would also require seasonal restriction of play within and adjacent to Brovelli Woods. This is a type of golf course that can work well to maintain habitat. To provide a detailed plan of such a course is beyond the scope of this EIR. If the decision makers adopt this mitigation measure as a condition of project approval,it will be incumbent upon the applicant to provide such a plan to meet the approval of CDFG. BI 1: Mitigation Measure 4.7-1(f)has been revised in the DEIR. B 12: There appears to be no room to create a second North Tracy Lake on the site and still have the redesigned development in place along with all of the protected areas suggested in the DEIR. Thus, if the proposal for the enhancement and maintenance of South Tracy Lake as a productive seasonal wetland is not acceptable to CDFG as a mitigation measure, then the only alternative is to purchase nearby property for the creation of a North Tracy Lake substitute. However, one must now question the wisdom of such a plan as opposed to one which would simply preserve the North Tracy Lake with all of its historical biological and anthropological values in place. When this is done, it is the conclusion of the consulting biologists that it would be far better to simply build the development on the new piece of land whose purchase would be mandated by this mitigation measure. The suggested mitigation measure for the loss of the seasonal wetland component of North Tracy Lake was to provide a supplemental water supply system for South Tracy Lake so that this seasonal wetland would not virtually disappear during extended drought periods. Once again, if this mitigation measure is to be rejected and the only acceptable one is that an identical sized lake as North Tracy Lake with all of its present features be created nearby, then the total preservation of both lakes is the only wise choice. B 13: The consultants concur that an area of mature riparian forest should be acquired as a mitigation measure for the loss of the proposed fairway sites in Brovelli Woods. VI-153