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PC: 3-18-93 SA-92-41 Development Services Condition 1(1): 1.1. No soil shall be removed from the site. A note to that effect shall appear on the Improvement Plan, along with calculations regarding the amount of soil involved in the grading and excavtion of the ponds. Appeal Statement: 'To stockpile this amount of soil would require Mr. Hardesty to build up this portion of the property by 12 to 14 feet. 'This could cause a significant adverse impact to the drainage not only on Mr. Hardesty's property but on the neighboring properties. '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. 'This would also result in the ultimate loss of the oak trees.' Response to Appeal Statement: This site contains approximately 52 acres. Due to the tributary, existing improvements, and existing oak trees,the area available for stockpiling the soil is approximately equal to the area of the ponds. Therefore, the stockpiles will have to be as tall as the ponds are deep, approximately 14 feet. The improvement plans will be reviewed by staff to ensure adequate storm drainage and oak tree protection. Fish and Game conditions will require a mitigation plan for the loss of Swainson's hawk foraging habitat. It is Development Services Division policy that the soil excavated from all fish ponds remain on the site. The purpose of this policy is to prohibit excavations where the findings for an excavation permit cannot be made. On February 18, 1993, the Planning Commission recommended that the Board of Supervisors approve Text Amendment No. TA-92-16, which, if approved by the Board, will make this policy an ordinance requirement. Successful fish ponds are usually six to eight feet deep due to the difficulty in harvesting from deeper ponds. The applicant could excavate much shallower ponds (four to six feet) and use the excavated material to create levees around the ponds. Department of Fish and Game Condition 4(a): 4.a. A plan shall be prepared in consultation with, and shall meet the approval of, the Department of Fish and Game (DFG) to provide for a habitat management agreement with the DFG that will ensure a highly productive foraging habitat in perpetuity for Swainson's hawk. The habitat protection, replacement,and management plan shall comply with the DFG's'Mitigation Guidelines for Swainson's Hawks in the Central Valley of California (1992)' and provide any replacement foraging habitat as close to the site as possible. Replacement habitat could be established by obtaining a conservation easement over suitable agricultural lands, specifying acceptable and unacceptable crop types, prohibiting rodent control, and possibly including management -15-