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Ms. Kerry Sullivan <br />November 15, 1993 <br />Page 3 <br />Finally, if the authors of the DEIR continue to assert that <br />the project may have a significant effect on the Swainson's Hawk, <br />the mitigation for that impact lies within the jurisdiction and C17 <br />control of the Department of Fish & Game, and should be :unposed <br />by DFG, not the County. (See CEQA Guidelines Section <br />1509`1(a)(2)) We would suggest an alternative mitigation measure, <br />to read as follows: <br />In carrying out the operations of the project, <br />applicant shall take no `'actions which violate the <br />provisions of the California Endangered Species Act or <br />any _other haws or regulations pertaining to the <br />protection of the Swainson's Hawk. Compliance with <br />said laws shall be the sole responsibility of the <br />applicant, and applicant agrees to indemnify, defend <br />and hold the County harmless from and against any claim <br />or action by affected state agencies as to the <br />project's compliance with said laws. <br />We have appreciated the opportunity to provide these <br />comments on the DEIR. If you need additional information,or <br />have questions concerning our comments, please feel free to <br />contact either myself or my associate, Tom Terpstra. <br />Jn <br />r yo <br />. STOVALL <br />ey at Law <br />JWS/THTsch <br />Fa\LU8\99999\c\SULLIVax.TRT <br />Iceh/21/15t93t1 <br />