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STATE OF CALIFORNIA—THE RESOURCES AGENCY PETE WILSON, G.v mor DEPARTMENT OF FISH AND GAME " ._ REGION 2 ° m` 7701 NIMBUS ROAD, SUITE A '. . RANCHO CORDOVA, CA 95670 (916) 355-7020 April 6, 1993 Mr. Chandler T. Martin San Joaquin County Planning Division - 1810 East Hazelton Avenue Stockton, California 95205 Dear Mr. Martin: The Department of Fish and Game (DFG) has reviewed the application for a Use Permit (UP-93-0003) for a golf driving range. The project is located on the west side of Mac Arthur Drive, north of Tracy, in San Joaquin County. The project consists of a plan to construct a golf driving range on approximately 20 acres . wildlife habitat conditions consist of agricultural lands with scattered mature valley oaks and intermittent stream courses . The predominant agricultural crops are alfalfa and small grains. Sugar Cut Slough and Tom Payne Sloughs are located a short distance from the project site. California Natural Diversity Data Base files contain records for the State-listed threatened Swainson' s hawk (Buteo swainsoni) within the project vicinity. Records indicate that there are at least three Swainson' s hawk nest sites within a five mile radius of the project site. The nearest nest site is less than 1 mile from the project site. Any activity resulting in the loss of habitat, decreased reproductive success, or other negative effects on population levels of State-listed threatened or endangered species may be construed as "take" by the DFG. Take of a threatened or endangered species may be allowed after consultation with the DFG (Fish and Game Code Section 2081 ) . The process involves a management plan entered into by the project proponent and the DFG which requires formalized mitigation to reduce the significance of the impact. The proposed project will result in a loss of foraging habitat for the Swainson' s hawk. Therefore, we recommend that the loss of foraging habitat be compensated. Compensation should be based on the DFG' s Draft Mitigation Guidelines for Swainson' s Hawks (Buteo swainsoni) in the Central Valley of California (attached) . If the applicant is unwilling to provide compensation based on the DFG' s mitigation guidelines then we recommend that a 2081 management agreement be made a condition of project approval .