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3.Response to Comments V LComment F-3 Commenter states that DEIR mitigation measure assumes that the temporary loss offoraging L habitat for Swainson's hawk will be adequately compensated for after reclamation of the Project site post Project. However, there are no assurances that the post project reclamation will be I suitable habitatfor Swainson's hawk. �. DFG suggests the following mitigation measures to offset the project impacts to Swainson's hawk: L1. Describe the amount of foraging habitat that will be lost as a result of the Proposed Project, 2. Provide a means of compensation for that loss. Mitigation measure 4.9.2b in the DEIR addresses impacts to Swainson's hawk and includes ` compliance with the SJMSCP or preconstruction surveys and avoidance barriers during construction for Phases not complying with the SJMSCP. Compensation for loss of habitat is not included because impacts to Swainson's hawk foraging habitat are considered temporary and n, mitigated with the reclamation of the site in the DEIR.However,compensatory habitat for kit fox (as described above)will also have some value for Swainson's hawk. The DEIR does state that approximately 140 acres of the Project site would be considered impaired for production of agricultural crops after reclamation due to the resulting 2:1 slopes around the perimeter of the mine pits.However,this land would remain usable as grazing land and open space.The remainder of I the site would be placed back into agricultural production. This end land use would be suitable 6" for Swainson's hawk if the type of agricultural crop is suitable for Swainson's hawk foraging. Letter G. Department of Conservation Comment G-1 Commenter notes that the DEIR identifies 140 acres of agricultural land, including 101 acres of L prime farmland that would be permanently lost to benches and slopes that will not support crops and orchard production. Commenter further states that the conversion of this amount of important farmland would be considered a significant impact. The Department recommends that L the FEIR specifically evaluate the significance of this conversion and propose mitigation as discussed in the comments below. Commenter is referring to Impact 4.3.1,which acknowledges disturbance of Prime Farmland and Farmland of Statewide Importance,but finds such impacts to be less than significant. The area created by the 2:1 slopes,which would remain following reclamation, is identified as being impaired in the future due to the change in slope.The lead agency does not agree with the %a characterization that the land is"lost"as it would be used as open space and available for grazing, vineyards,or other agricultural activity (other than row crops and orchards). The DEIR ` acknowledges that the change in slope will reduce the productivity of this land.Even though the existing soils would be placed on this area, the change in slope will reduce the Land Capability ` Cemex Vernalis Quarry Mining and Reclamation Projed 3-31 ESA/203015 4 Fuel Emironmeniall mpart Repoli June 2008