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similar land. He said his firm believes that the criteria <br /> suggested in the EIR for what offsite areas would be appropri- <br /> ate are unreasonably restrictive, particularly the criteria <br /> that any offsite area represent a corridor between the Marsh <br /> Creek Area and West Tracy. They did not believe that would be <br /> justified by any of the impacts of the project. He felt that <br /> criteria should be deleted and, preferably, all of those <br /> specific criteria should be deleted in favor of a general <br /> requirement that any offsite mitigation be approved and <br /> acceptable to the Department of Fish and Game and the Federal <br /> Fish and Wildlife Service. <br /> • Regarding the proposed mitigation measure dealing with the <br /> Mountain House Creek corridor, the DEIR proposes that the <br /> project maintain a 200-foot-wide area through the center of <br /> the project along the creek, of which no human use could be <br /> made. He said his firm thought that mitigation is excessive, <br /> but that a 200-foot-wide corridor is more than sufficient for <br /> wildlife movement; and that some passive recreational use can <br /> be made within that corridor as long as the creek bed itself <br /> is reserved for wildlife; and there are substantial areas <br /> adjacent to the creek which are vegetative with riparian <br /> vegetation; and also that human use is restricted in those <br /> areas. Other areas of the corridor could be used for passive <br /> use, such as bike trails, hiking trails, picnic grounds, etc. <br /> Waldo Holt, 3900 River Drive, Stockton, said he intends to submit <br /> written comments and he spoke on the various wildlife species in <br /> the area: <br /> A blackrail, yellow harrier, and yellow-breasted chat are <br /> three listed species that are not included in this EIR. <br /> • The giant garter snake is currently under consideration for <br /> federal "endangered" status and he said he objected to the <br /> rather casual treatment given in the EIR for that species. <br /> • The western pond turtle is also under current consideration <br /> for state "threatened" st":us and the discussion in the EIR <br /> should be reexamined. <br /> • The tri-colored blackbird recently had its biology done which <br /> recommends an "endangered" or "threatened" status. <br /> • In Volume 2 , (10. 16-5 and 6) there is a list of birds with at <br /> least 15 inaccuracies, particularly with the status code. <br /> There is also a species in that list that does not occur in <br /> this area (hairy woodpecker) . The tri-colored blackbird is a <br /> listed legal species and it is listed as "summer visited. " <br /> The tri-colored blackbird has been documented as being a <br /> breeding bird in this county. <br /> • Regarding the burrowing owl, there are 2 different maps in the <br /> DEIR (page 4 . 13-8 , page 10. 1-23) and they indicate 3 different <br /> sites for burrowing owl. There is no discussion and no <br /> mitigation offered in the DEIR. He said that this area' s <br /> Audubon Society recently participated in a survey of the <br /> census and the status of the burrowing owl in California. <br /> Thirteen counties were involved between latitude parallel 37 <br /> PC MINUTES -4- JAN 16, 1992 <br />