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Mr. Martin July 5. 2006 Page Two that the DEIR identify the amount and location of kit fox habitat that will be set aside for the benefit of the kit fox to mitigate the loss of habitat resulting from the project. F-2 Additionally, the proposal should provide a means of managing and maintaining that cont habitat, in perpetuity. Swainsoris Hawk The DEIRs impact analysis for Swainsons hawk (Buten swainsonr), (Impact 4.9.2 (d)) identifies that roughly half of the project site provides foraging habitat for the Swainson's hawk. The DEIR further states that the temporary loss of this habitat through mining, and the subsequent"reclamatiorf'of these and other acres will probably compensate any loss of foraging habitat. The DEIR assumes that post-project reclamation will result in suitable habitat for the Swainsoris hawk; however, there are no assurances that the site will be useable. In order to lower the project's impact on the Swainsons hawk below a level that is significant, we recommend that the DEIR be revised so that it describes the amount of foraging habitat that will be lost as a result of the proposed project, and provides a means of compensation for that loss. Adequate compensation for loss of Swainson's hawk foraging habitat consists of a dedication of the appropriate amount of acres to a F-3 suitable habitat condition, with permanent protection, management, and maintenance. In conclusion, DFG recognizes that participation in the San Joaquin Multi Species Conservation Plan (SJMSCP) is voluntary, however, the measures that intended to mitigate, minimize, and avoid take of listed species, as well as, reduce impacts below a level that is significant under CEQA, should rise to approximately the same level as that authorized in the SJMSCP. Currently the DEIR fails to achieve this goal. Therefore, we recommend that the DEIR be revised so that it contains actual mitigation proposals that adequately address the proposed project's impacts, and not defer analysis and mitigation until some point in the future. This project will have an impact to fish and/or wildlife habitat, Assessment of fees under Public Resources Code Section 21089 and as definad by Fish and Game Code Section 711.4 is necessary. Fees are payable by the project applicant upon filing of the Notice of Determination by the lead agency. Pursuant to Public Resources Code Sections 21092 and 21092.2, the DFG requests written notification of proposed actions and pending decisions regarding this project. Written notifications should be directed to this office.