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eumiller & Beardslee <br />A PROFESSIONAL CORPORATION <br />FOUNDED AS - MAILING ADDRESS: <br />ISHLEY s NEUMILLER ATTORNEYS AHD COUNSELORS P.O. Box 20 <br />JANUARY.1903 STOCKTON. CALIFORNIA 95201-3020 - <br />FIFTH FLOOR WATERFRONT OFFICE TOWER 11 TELEPHONE (2091 94a-azoo <br />509 WEST WEBER AVENUE _ FAX (209) 944.4910 <br />w <br />,.._ <br />STOCKTON CALIFORNIA 95203 i ` <br />t <br />`'`;''tf <br />�U�Yi�1UtV� 1 � <br />November 15, '1993PLANNINGD <br />WISION <br />Ms. Kerry Sullivan <br />Senior Planner <br />San Joaquin County Community <br />Development Department <br />1810 East Hazelton Avenue' <br />Stockton, California 95205 <br />Re: Trac Materials Recover and <br />Tracy v Transfer EIR <br />Dear Ms. Sullivan: <br />As you know this office represents the applicant in the <br />above -referenced project, the'Tracy Materials Recovery and <br />Transfer Facility. We have reviewed the Draft Environmental <br />Impact Report prepared in connection with this project, and are <br />prepared to offer comments at this time. Although we believe the <br />Draft Environmental Impact Report is very well written, there is <br />one fundamental area in which we disagree with the EIR authors <br />quite vigorously. <br />Our area of disagreement stems from impact no 4.2-5 and <br />P r <br />its corresponding mitigation measure 4.2-5, found at page 41 of <br />the DEIR. In that section, the authors assert that the project <br />provides moderate quality foraging habitat for the Swainson's_ <br />Hawk, a threatened species under the California Endangered` C11 <br />Species Act. Although the EIR correctly concedes that no <br />Swainson°s Hawk nest are on site, and no hawks were found <br />foraging on the project site, the EIR nonetheless concludes that <br />the conversion of the project site to the intended use will <br />constitute a significant impact on the environment. <br />As you know, the CEQA Guidelines provide that impacts to <br />threatened or endangered species are considered significant where C12 <br />the project has the potential to substantially affect the species <br />or substantiallyinterfere with its movement. (See Guidelines, <br />Appendix G) Here, there is no evidence that the site is even <br />used by the Swainson's Hawk, much less that the conversion of the C13 <br />site to the intended use will substantially affect the species. <br />F2\LUS\99999\C\SULLZVAN.T3T <br />/Cvh/11/15/93/1 <br />1 <br />