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r <br /> y i <br /> CONDITIONS BEING APPEALED <br /> 6. STATE DEPARTMENT OF FISH AND GAME: <br /> a. The following measures shall be taken to preserve the <br /> site' s Swainson's hawks nesting trees: <br /> (1) All potential nest trees on the site for the <br /> Swainson's hawk shall be identified 'by a qualified <br /> biologist and preserved, unless the trees pose a <br /> safety hazard. A map of the nest trees shall be <br /> submitted to the Community Development Department <br /> prior to approval of the Final Map. <br /> (2) No construction activities shall take place no the <br /> site within a ane-half-mile buffer around active <br /> Swainson' s hawk nest sites during the breeding <br /> seasons, from march 1 through August 1, without <br /> prior approval of the Department of Fish and Game. <br /> b. Prior to approval of the Final Map, the developer shall <br /> participate in the City of Stockton's Swainson' s Hawk <br /> Habitat Conservation Plan and pay the applicable fees. <br /> As an alternative, the developer shall purchase in fee <br /> or easement at least 63 acres of low quality Swainson's <br /> hawk foraging habitat near the project site and convert <br /> it to high quality Swainson' s hawk foraging habitat. <br /> The site shall be selected, maintained, and improved as <br /> stated in the "Summary of Impacts, Mitigation Measures, <br /> and Monitoring Program" of the project' s Environmental <br /> Impact Report (ER-90-3) . The site shall be donated to <br /> the California Department of Fish and Game (DFG) or;a <br /> private land preservation and management organization <br /> and shall be maintained in lightly grazed annual <br /> grassland, alfalfa, or other compatible high quality <br /> foraging habitat. Operating and maintenance funds <br /> shall be provided by the developer to maintain the site <br /> until newly planted trees are established and self- <br /> sustaining. The site shall be acquired and its <br /> Management Plan shall be approved by the DFG prior to <br /> its approval of the Final Map. <br /> BASES OF APPEAL <br /> The conditions are patently unfair in that: <br /> 1. The Swainson' s hawk has not been identified as an <br /> endangered species. <br /> 2. The reported number of Swainson' s hawks in the Central <br /> Valley has increased over the past few years. # <br /> 3 . The Swainson Hawk is migratory and a "game bird" in !� <br /> -2- <br />