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OocuSign Envelope ID:3FC9FBBt-BBt D-atOF-BD90.AA23Ft6t9DFE Mr. Frank Girardi San Joaquin County Community Development Department February 22, 2021 Page 7 /f habitat/oss or degradation occur on the Project site, fha impacts to burrowing ow/she// be mitigated to a /ess-than-signiFicant/eve/. A mitigation monitoring and reporting p/an she//be deve/opad and submitted to CDFW for approve/prior to Project imp/ementation. A//habitat assessment, pre-construction survey protoco/s, impact assassm®nt, reporting requirements, and mitigation guidance can ba found in the Staff Report on Burrowing Ow/Mitigation dated March 7, 20f 2. For more information, see httos://nrm.dfo.ca.00v/Fi/e Hand/er.ashx?Document/0=83843&in/ine." Comment 6: Revisions needed to mitigate impacts to Swainson's hawks to a less- than-significant level The ND does not mitigate potential impacts to Swainson's hawk (Buten swainsonr)to a less-than-significant level because the ND lacks an evaluation of impacts to Swainso n's hawks and does not include mitigation measures requiring '1) pre-construction surveys conducted according to CDFW'S Recommended Timing and Mathodo/ogy for Swainson's Hawk Nesting Surveys in Ca/ifornia's Gentra/ Va//ey(2000) and 2) avoidance measures determined by CDFW if and when Swainson's hawks are discovered at or within ahalf-mile of the Project site. The ND does not define avoidance measures in the event Swainson's hawks are discovered or reduce impacts from permanent loss of foraging habitats or indirect impacts to Wasting hawks from increased construction activity to aless-than-significant level as it does not offset those impacts with a compensatory mitigation requirement. Swainson's hawks are designated as a State of California Threatened Species and impacts to the species and its habitat is prohibited without meeting certain conditions. The loss and conversion of native grasslands and agricultural lands to urbanization and orchard and vineyard agriculture is the primary threat to Swainson's hawk populations throughout California, and about 80 percent of the Central Valley population of Swainson's hawks is located with the Sacramento, San Joaquin, and Yolo counties region. The Project's potential impacts to this historically denser population is a significant impact that warrants mitigation to less- than-significant through the ND. CDFW recommends the NO be revised and recirculated to include an impacts analysis that provides an evaluation and discussion of potential impacts of[he Project to Swainson's hawks and their habitats according to CDFW's Staff Report Regarding Mitigation for/mpacts to Swainson's Hawks (Buten swainsoni) in the Contra/ Va//ey of Ca/ifornia ('1994). If impacts are identified, CDFW recommends the ND be revised to include ad herencs to the mitigation strategies defined in the Staff Report in addition to adherence to COFW's Recommended Timing and Methodo/ogy for Swainson's Hawk Nesting Surveys in Ca/ifornia's Centra/ Va//ey(2000) survey protocol or require participation in the SJMSCP. If the ND does not include a measure that requires participation in the SJMSCP, CDFW recommends the ND be updated to include a measure requiring compensatory mitigation for impacts to Swainson's hawk nesting and