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Ms. Kent'Sullivan April 8, 1992 Page 3 The applicant intends to comply with the State Water Law, including the obligation to apply for appropriative rights when required. Riparian rights, and ground water rights, will only be exercised in C145 accordance with law. It is an incorrect statement that riparian diversions are not regulated under State law. Restriction of water usage to on-site ground water replenishment is not a correct statement of water rights and would render almost all irrigated agriculture unfeasible if it were. Paoe 3 - 7 Water Resources The Environmental Impact Report suggests as a mitigation measure that the applicant reduce the overall amount of area to be irrigated (i.e., golf course,vineyard,pasture). C146 The golf course proposal is for only 68 acres of irrigated turf and the equestrian complex is proposed to have ten acres of irrigated pasture. The existing vineyard (65 acres) is held as a life estate by the previous owner and its irrigation water is provided through wells owned by this previous owner located on his property. Paoe 3 - 9 Biological Resources Potentially Significant Impacts Loss and disruption of nesting and foraging habitat for the Swainson's Hawk. Where is the evidence that there will not be enough nesting sites for the hawk? The text implies that C147 foraging habitat is the limiting condition, not nesting sites (1,200 acres of foraging for each pair of hawks). Permanent water supply and extension of seasonal marshes will increase, not decrease, foraging opportunities in the area. Page3 - 9 Eliminatethe golf course Presumably,this recommendation involves loss of nesting habitat, which won't change if the golf course C148 isn't built unless humans are prohibited from utilizing the cleared areas (for farming, e.g.). Golf course management can be consistent with hawk foraging and provide, as well,valuable habitat for many other birds and animals Paae 3 - 10 Eliminate the section of the equestrian trail which extends through Brovelli Woods. C149 This trail has been on the property for more than 100 years. The trail is used by deer and the owners to access the property line fences for maintenance purposes. Paae 3 - 10 In accordance with Section II-3-6-c of the CDFG Mitigation Guidelinesfor the Swainson's hawk, (Appendix F) purchase and dedicate for preservation a minimum of 12.5 acres off-site of prime mature riparian forest within the Dry Creek Swainson's hawk subpopulation area to replace the C150 12.5 acres previously disturbed. It should be noted that the small sapling planting project presently underway in the south central part of the site cannot be considered adequate mitigation for the loss of critical Swainson's hawk nesting habitat because it would take at least 50 years for such a stand of young oaks to grow to the size required for nesting by this species. III-118