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5.Mitigation Monitoring and Reporting Program(Revised January 2020) TABLE 5-1 (Continued) MITIGATION MONITORING AND REPORTING PROGRAM Site(s) Implementation Monitoring Monitoring and Reporting Monitoring Verification of Mitigation Measures Affected Procedures Responsibility Action Schedule Compliance 4.E-1.Biological Resources (2012 SEIR)Modified Mitigation Measure 4.0-1a: Pre- 4-4 Site developer shall Site developer -T Review and approve a qualified No more than 14 Verified by: construction Breeding Bird Surveys.The City shall ensure that 6 11, 13, 14, prepare construction Community biologist. days before start Date: prior to development of all potential sites for rezoning(Sites 1 4,6 16 21 plans that incorporate Development Review pre-construction survey or restart of 11, 13, 14,and 16 21)and each phase of project activities that have All(Phase I pre-construction surveys Department reports. construction the potential to result in impacts on breeding birds(e.g.,tree removal and Full and buffer zones.If during the months If active nests are found, or demolition of buildings or bridges),the project applicant shall take Buildout) required,avoidance � of February the following steps to avoid direct losses of nests,eggs,and nestlings procedures shall be inspect construction site to through August. and indirect impacts to avian breeding success: implemented. confirm buffer zones. • If grading or construction activities occur only during the non- Site developer shall hire breeding season,between August 31 and February 1,no surveys a qualified biologist and will be required. the site developer's • Pruning and removal of trees and other landscaped vegetation, contractor(s)shall including grading of grasslands,should occur whenever feasible, engage the qualified outside the breeding season(February 1 through August 31). biologist to conduct pre- During the breeding bird season(February 1 through August 31) descsurveys as • a qualified biologist will survey project sites for nesting raptors descrrribbetion ed. and passerine birds not more than 14 days prior to any ground- disturbing activity or vegetation removal.Surveys will include all line-of-sight trees within 500 feet(for raptors)and all vegetation within 250 feet for all other species. • Based on the results of the surveys,avoidance procedures will be adopted, if necessary,on a case-by-case basis.These may include construction buffer areas(up to several hundred feet in the case of raptors)or seasonal avoidance. • Bird nests initiated during construction are presumed to be unaffected by project activities,and no buffer would be necessary except to avoid direct destruction of a nest or mortality of nestlings. • If pre-construction surveys indicate that nests are inactive or potential habitat is unoccupied during the construction period, no further mitigation is required if work is initiated within 14 days of the survey.Trees and shrubs that have been determined to be unoccupied by nesting or other special-status birds may be pruned or removed within 14 days of the pre-construction survey. Should activities be delayed beyond 14 days, pre-construction surveys shall be repeated prior to the start of work. Johnson Drive Economic Development Zone 5-1 1 ESA/140421 Partial Recirculated DSEIR Response to Comments January 2020