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STATE OF CALIFORNIA-THE RESOURCES AGENCY GRAY DAVIS,Governor DEPARTMENT OF FISH AND GAME Sacramento Valley and Central Siena Region --i 1701 NIMBUS ROAD,SUITE A RANCHO CORDOVA,CALIFORNIA 95670 Telephone(916)358.2900 C^� June 14, 2000 CO?ir�jU�� N jS? 4/&0 Mr. Michael Hitchcock San Joaquin County Community Development Department 1810 East Hazelton Avenue Stockton, California 95205 Dear Mr. Hitchcock: The Department of Fish and Game (DFG) has reviewed the Major Subdivision Application for a small lot subdivision (SU-00-3, SP-00-1, MP-00-1, PP-00-1). The project consists of a plan to create 1,458 lots, including residential, commercial and industrial lots, neighborhood parks, schools, streets, sewers, drainage and fire facilities on 406.85 acres. This project is part of the Mountain House New Community located north of Tracy in San Joaquin County. Wildlife habitat consists of a large area of agricultural land south of Old River. Significant resources of the project include numerous active Swainson's hawk (Brlteo mpainsorli) nests located along Old River. In addition, records in DFG's files indicate the presence of the San Joaquin kit fox (Villpes macroli.s mntica) and burrowing owl (Speotylo cunicvla ia), in the project vicinity. In an earlier DFG letter (May 5, 1999) addressing the impacts of Major Subdivision Application for Neighbor F (SU-98-4), we expressed concern that mitigation for the loss of wildlife habitat resulting from this, and other Mountain House projects had not been secured. Environmental documents for various phases and aspects of the Mountain House development project allude to mitigation provided under either the Mountain House HMP or the draft San Joaquin Multi Species Conservation Plan (SJMSCP). We are not aware of a single acre of wildlife mitigation proposed or completed for any of the Mountain House projects. The DFG needs assurances that the mitigation promised for the Mountain House New Town is secured. We recommend that as a Condition of Project Approval the applicant be required to provide the necessary mitigation either thru implementation of the Mountain House HMP, or the County's draft SJMSCP prior to any ground breaking activity. This project will have an impact to fish and/or wildlife habitat. Assessment of fees under Public Resources Code Section 21089 and as defined by Fish and Game Code Section 711.4 is necessary. Fees are payable by the project applicant upon filing of the Notice of Determination by the lead agency.