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The 18± acres where Mr. Hardesty proposes to construct the ponds are nearly level and within the 100-year flood plain of Dry Creek. The total bottom area of two ponds will be 13.27 ± acres. This would leave 4.73 ± non- contiguous acres available for stock piling approximately 297,650 cubic yards of soil. If the soil was spread evenly, it would be 13 yards high on this remaining acreage. In addition, Public Works is expressly prohibiting the stock piling of excavated material within the 100-Year Flood Zone. (See Condition (b) of the Public Works Section in the Site Approval Conditions.) This could further reduce the amount of available acreage for stock piling. It is equally impossible to stock pile this amount of soil on the southern 32 acres of Mr. Hardesty's property. The construction of the ponds will not affect this portion of the property. Mr. Hardesty proposes to continue the current use of this portion for grazing. First, the topography of the parcel prohibits such stock piling. If 297,650 cubic yard of soil are stock piled on this portion of the property the amount of available grazing land will be reduced, by covering the existing grasses and topsoil. To stock pile this amount of soil would require Mr. Hardesty to build up this portion of the property by 12 to 14 feet. From the proposed pond site to this portion of the property there is already a rise of 10-12 feet. Whether Mr. Hardesty spread the soil evenly or stock piled it in one area, the effect would be to change the natural drainage system. This could cause a significant adverse impact to the drainage not only on Mr. Hardesty's property but on the neighboring properties. Stock piling the excavated soil anywhere on Mr. Hardesty's property will adversely affect the habitat value of the property for existing wildlife. Covering the existing plants and grasses on the southern portion of the property with this soil will decrease the amount of available cover, nesting and foraging potential for existing wildlife. There are also several oaks on the property. Increasing the soil within the drip lines of these oaks could result in their loss. Even if the drip line area is avoided, an increase of soil beyond the drip lines could result in the creation of basins in which water could collect around the base of the oaks. This would also result in the ultimate loss of the oaks. Numerous seasonal wetlands and vernal pools are scattered through the southern 32 acre portion of this site. . To stockpile the soil evenly on this area, Mr. Hardesty would have to fill the wetlands. This would require him to apply for a 404 permit from the U.S. Army Corps of Engineers. Filling in vernal pools clearly runs contrary to the Resource Agencies' goal of preserving this resource. If Mr. Hardesty attempts to stockpile the dirt around the wetland areas, this would adversely affect both the hydrology of the wetlands and existing or potentially existing wetland species. Most particularly, the tiger salamander uses upland vernal pools to breed.. The tiger salamander is a candidate for federal listing and state species of special concern. 4/12/93 File No. SA-92-0041/Hardesty —3—