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under claim of riparian right will not result in significant adverse environmental impacts. There <br /> is no administrative process beyond CEQA to address impacts. <br /> C187: The commenter is mistaken. The groundwater pumping limitation recommended in Mitigation <br /> Measure 4.6-3(b) is not intended as a statement of groundwater rights. Rather, it is <br /> recommended as a mitigation measure against groundwater overdraft because there otherwise are <br /> no limitations on groundwater pumping. There is no state law which limits groundwater <br /> withdrawal by each landowner to their share of the "safe yield." Safe yield is a concept often <br /> used in areawide groundwater management planning and groundwater basin adjudications;but it <br /> is not a part of any state law as suggested by the commenter. See also response C173. <br /> The DEIR makes no comparison or value judgments relative to the project's domestic and <br /> wildlife-habitat water uses vs. agricultural water use. The proposed project is subject to CEQA <br /> review on its own merits; irrigated agriculture is not subject to CEQA review. <br /> C 188: Even though the current Tracy Lakes would undergo extensive excavation, the excavated area <br /> would be full of water during the time of flooding. A filled lake does not provide flood storage. <br /> C189: Mitigation Measure 4.6-5 does not state that an owner cannot protect their property from <br /> flooding; but the impacts on other properties of any flood control measure must be taken into <br /> account. The mitigation measures recommend that the owner not protect the property by <br /> constructing levees which would displace floodwaters into adjacent properties,thereby increasing <br /> flood elevations locally. The owner may protect property by other means, including proper <br /> building design and site planning. <br /> C 190: Comment noted. The calculations are interesting but irrelevant to the EIR. Nitrate impacts on <br /> groundwater quality are not indicated in the EIR to be a significant impact;nor was a cattle ranch <br /> posed or evaluated as a project alternative. <br /> C 191: Refer to Figure 4.7-1 in the revised biological study, Volume II, Section 4.7. <br /> C 192: Information noted. The point made in the text and in the photograph is to show the size and age <br /> of some of the trees that have been removed on the property. The fact that the stumps would be <br /> used for fish habitat in the lakes does not offset the loss of the large trees as potential nesting <br /> habitat for the several raptor species on the site. This information was also not disclosed during <br /> the course of preparing the DEIR. <br /> C 193: This map has been corrected as shown in the revised biological study, Volume II, Section 4.7. <br /> C 194: The analysis is based upon the road alignment as shown in the applicant's plans. If this location <br /> is not correct, then the applicant should provide a revised plan so that an accurate analysis can <br /> be made. <br /> C195: Refer to revised biological study in Volume II, Section 4.7 regarding vernal pools. <br /> C 196: This issue is now moot, since the wetlands delineation map is no long valid and a new seasonal <br /> wetlands delineation will need to be completed. <br /> III-180 <br />