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Woods and north of South Tracy Lake. The impact on archaeological sites is dependent on any <br /> redesigned placement of the golf course and homesites, and their relationship to archaeological <br /> sites. In addition,biological Mitigation Measure 4.7-1(c)calls for the repositioning of the stable <br /> to the above northern area. Again, the impact on archaeological sites is dependent on the new <br /> placement and its relationship to the archaeological sites. This conflict is discussed in Sections <br /> 4.7 and 6.5 of Volume II. <br /> D22- <br /> D23: These issues have also been expressed by CDFG and addressed accordingly. Refer to CDFG <br /> comments and responses. <br /> D24- <br /> D25: To undertake the type of study suggested by the commenter would take approximately five to <br /> eight years. In keeping with state planning guidelines to process development proposals, this is <br /> not possible. <br /> D26: Comments noted. <br /> D27: Comment acknowledged. <br /> D28: The capacity of the lake was judged by the fact that the water came up to the edge of the oak <br /> trees along what appeared to be the upper shoreline. It was the opinion of the consulting <br /> biologist that this was a normal "filling." <br /> D29: Depending upon the extent of rainfall, a sudden release from Comanche could cause such an <br /> overflow again. However, these comments were made to give a history as to how the Beaver <br /> Pond probably got stocked and were taken straight from the Brovelli interview furnished by the <br /> applicant. <br /> D30: Comment noted. <br /> D31: The previous agricultural activities were indeed at direct odds with this relatively old act which <br /> was essentially forgotten during the 1950s and 1960s. It is experiencing a resurgence as careful <br /> readings of this act reveal that it can apply to robins and bluebirds, as well as geese and swans. <br /> D32: A careful review of the project plan shows this access road extendinght rough the woods, albeit <br /> at the eastern end. Contrary to the commenter's statement, it does not skirt the woods. This <br /> crossing is in direct conflict with the nest disturbance prevention requirements of the Swainson' <br /> hawk mitigation guidelines and is, therefore, opposed by the EIR biologist and the CDFG. <br /> D33: These points must now be addressed by CDFG. The EIR has reported Swainson's hawk <br /> presence and nesting and suggested mitigation measures. The CDFG has indicated in their <br /> comments that the EIR mitigation measures have not gone far enough to provide a "net gain" to <br /> the species. The agency will make the determination of what is and is not appropriate. <br /> D34: As the CDFG mitigation guidelines clearly state, nesting Swainson's hawks and human activity <br /> do not mix. <br /> VI-157 <br />