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MOUNTAIN HOUSE <br /> MASTER PLAN CONSISTENCY FINDINGS <br /> Project Action or <br /> Consis- Conditions o <br /> Section tency Approval <br /> 1 Heading# Title Text Y/N/NA Finding of Fact/Analysis and Evidence of Compliance (COA) <br /> Part C: From a legal standpoint,the extent of state <br /> and federal agencies' authority to require mitigation <br /> for loss of endangered species habitat has been the <br /> subject of several recent judicial decisions,as well as a <br /> recent opinion by the Legislative Counsel of the State <br /> of California. These decisions have raised serious <br /> questions as to the authority of the Department of Fish <br /> and Game and USFWS to require mitigation for <br /> habitat loss under the State and Federal Endangered <br /> Species Acts. Further clarification of these legal issues <br /> could arise in the context of case law,quasi-judicial <br /> Swainson's opinions,new legislation or amendments of existing <br /> 824 7.3.3.I.a Hawk legislation. (See Part D, below) NA None. <br /> Part D: For these reasons the policies of the Master <br /> Plan and Specific Plan 1,and the mitigation measures <br /> in the several project Environmental Impact Reports to <br /> date, are subject to revision by the Board of <br /> Supervisors where changed biological or legal <br /> circumstances exist. (Under all circumstances,the <br /> measures in Section 7.3.2 pertaining to the protection <br /> and removal of nest trees shall still be required.) In no <br /> event,however,shall these changed circumstances <br /> eliminate the project applicant's obligation to comply <br /> Swainson's with all requirements of the State and Federal <br /> 825 7.3.3.1.a Hawk endangered species acts. (See Part E, below) Y See 4804 COA-32 <br /> 10/03/2000 MHMP.CHECKLIST-928 Page177 <br />