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PC: 3-18-93 SA-92-41 requirements for habitat enhancement such as planting and maintenance of fence rows. Appeal Statement: In this and the following two appeal statements, the applicant argues that there is no substantial evidence to indicate that this project may have a substantial impact on the environment: 'Staff relied upon the Department of Fish and Game's Informal Guidelines and the Department's determination of significant impact. However, the Department of Fish and Game did not provide substantial evidence to substantiate its determination.' Response to Appeal Statement: The determination by the Department of Fish and Game in its letter of August 20, 1992,that'the proposed project has the potential for significant impacts to the Swainson's hawk,' constitutes substantial evidence. The Department of Fish and Game has information that indicates the presence of numerous Swainson's hawk nest territories within a five-mile radius of the project site. Appeal Statement: 'In our previous letters to staff, we presented biological information to prove that this project will not impact the foraging habitat of the Swainson's hawk. The Department of Fish and Game did not refute our findings. The letters sent by individuals and groups that supported the Department of Fish and Game's position also did not refute our information.' In his letter of September 21, 1992, B. Demar Hooper, representing Mr. Hardesty, argues that the 18 acres at the north end of the site is not suitable foraging habitat and that this project will enhance hawk habitat. The land at the north end of this site is fallow. Mr. Hooper states that the DFG assumes that without the project, this land would revert to natural grasslands. Mr. Hooper argues that natural grasses are of low habitat value He also states that the ponds will be used to irrigate the upper(southern) 32 acres,which would enhance the overall habitat value of the property. This latter argument assumes that soil will not remain on the site. Mr. Hooper concludes: 'As a result, no mitigation should be required, and a Negative Declaration is adequate CEQA documentation. 'This conclusion is supported by recent hawk research. The Fish and Game 'Guidelines' for the foraging habitat of the Swainson's hawk are riddled with old information and assumptions. The latest biological information militates toward rejection of these informal Department of Fish and Game 'Guidelines.' This latest biological information on the hawk was shared with experts in the Endangered Species field, including ourselves, during the recent Confab Conference sponsored by the Center of Natural Lands Management,Inc. Biological evidence presented at these conferences contradicted previous assumptions regarding what constituted hawk habitat.' -16-