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Potentially Occurring Special -Status Wildlife Species Cooper's hawk (Accipiter cooperii) is included on the Special Animals List maintained by the California Department of Fish and Wildlife (CDFW) and on this basis could be considered to be of special -status under CEQA. This species was previously a California Species of Special Concern, but its sensitivity status has been downgraded to being a "Watch List" species. Breeding pairs generally select nest sites within dense stands of live oak woodland, riparian habitats, or other wooded areas, but the species is known to occasionally nest in residential areas and parks. The trees on and near the project site could be used by the species for nesting. Therefore, tree removal and/or loud noise associated with construction activities has the potential to disturb nesting and to result in the abandonment of an active nest. It should also be noted that numerous other bird species could nest on or near the project site and that the active nests of all raptor species and most common bird species are protected by the Migratory Bird Treaty Act and the California Fish and Game Code. Recommended Avoidance Measures BIO -1: If construction activities would commence anytime during the nesting/breeding season of native bird species potentially nesting on the site (typically February through August in the project region), a pre -construction survey for nesting birds should be conducted by a qualified biologist within 10 days of the commencement of construction activities. If active nests are found in areas that could be directly affected or are within 200 feet of construction and would be subject to prolonged construction -related noise, a no -disturbance buffer zone should be created around active nests during the breeding season or until a qualified biologist determines that all young have fledged. The size of the buffer zones and types of construction activities restricted within them should be determined by taking into account factors such as the following: • Noise and human disturbance levels at the construction site at the time of the survey and the noise and disturbance expected during the construction activity; • Distance and amount of vegetation or other screening between the construction site and the nest; and 8