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D52: This has no real bearing on the major sensitive species and waterfowl issues at hand. D53: If the lake waters are prevented from receding normally throughout the summer to near-dry conditions in the fall months, rodent habitat cannot be created. D54: The entire Brovelli Woods is now viewed by CDFG as potential nesting habitat and any further loss of same due to road construction, etc., will not be condoned. D55: The historic "once in a while use" is quite different than what could be relatively heavy use by numerous riders, especially during the spring/summer season. D56: According to the CDFG,the planting of saplings to replace sections of mature riparian woodland destroyed in documented Swainson's hawk nesting habitat will not suffice as a mitigation for the loss. D57: This will change the lake from a functional waterfowl habitat to an introduced fish habitat. This will be in direct opposition to the 1929 Migratory Bird Conservation Act. D58: Refer to response D50 above. D59: Mitigation measures are recommended to reduce the environmental impacts of a proposed development as called for under CEQA. The economics of implementing the mitigation measures are not subject to analysis in the EIR. It would appear the design could be done as a part of the overall irrigation and water supply plan. D60: There is a less likely occurrence for fires to be started by vandals than by outdoor burning in residential areas. D61: A preliminary wetlands map was submitted by the applicant,however,the information is limited and appears to not meet the Corps' format and criteria. For example, there has been no information provided relative to the identification of wetland plant species, or hydrological conditions. One of the Corps' criteria requires that a site must be wet for a minimum of 15 days to qualify as a wetland. The preliminary wetlands delineation map submitted with the application is dated August 1, 1990. The timing of when the actual study to determine the delineation was undertaken is unknown. If this was done after the rainy season and considering the drought conditions, this map may not be representative of the conditions as they presently exist. The Corps of Engineers has indicated that a new wetlands delineation study needs to be done. D62: Opinions noted. D63: Given that there was still water in the center of South Tracy Lake in early September 1992, approximately six weeks before the first rains of the season, it is questionable whether the lake bottom was actually walked in order to arrive at the statement of "no water by early January 1993." Regardless of this possibility, the survey work had to be completed by the end of June 1992 when the lakes were at about two-thirds capacity after a less-than-normal rainfall season. In the opinion of the EIR biologist it was valid to speculate at the time the report was prepared that "permanent rather than seasonal" would be the best term for these wetlands. V1-159