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Fish and Game has determined that this project will not benefit the giant garter snake or the tiger <br /> salamander, rather, this project could be deleterious to those species as well. Fish and Game noted that <br /> the dual use of the fish ponds for irrigation may not be permitted. <br /> Appeal Statement No 3 (condition 4.b.): A take permit for loss of Swainson's hawk habitat shall be <br /> obtained. <br /> Neither staff nor the Department of Fish and Game has established that a take will result from this <br /> project. <br /> Because this 18 acre portion is not suitable habitat, its conversion to a use that may in fact <br /> increase the amount of foraging habitat does not constitute a take. <br /> Response to Appeal Statement <br /> The Department of Fish and Game has determined that this project will result in a take pursuant to Fish <br /> and Game Code Section 2081. <br /> In making this determination, the Department also determined that the site is currently suitable habitat for <br /> the Swainson's hawk,this project will reduce available habitat and this project will not increase the amount <br /> of Swainson's hawk foraging habitat. The Department also indicated that the fish ponds have a high <br /> potential to cause a change in the channel alignment with associated impacts. <br /> FISCAL IMPACT: <br /> None. <br /> ACTION TO BE TAKEN FOLLOWING APPROVAL: <br /> None. <br /> Sincerely, <br /> &J-66 <br /> CHET DAVISSON <br /> DIRECTOR <br /> CD:CM:fa <br /> Enc. Appeal, Minutes, Staff Report <br /> c: Joe Hardesty <br /> B. Demar Hooper <br /> SOS LETTER PAGE 3 <br />