14 ATTACHMENT 6 - Appendix A - E

57  Pre-construction surveys will be conducted to ensure that CTS are absent from the construction area. If CTS are present, they should be relocated by a qualified biologist.  The construction zone should be cleared, and silt fencing should be erected and maintained around construction zones to prevent CTS from moving into these areas.  A biological monitor will be present onsite during particular times of construction to ensure no CTS are harmed, injured, or killed during project buildout.  To minimize harm or mortality to individual CTS during migration movements, a maximum speed limit of 10 mph for vehicle traffic on the project site during both construction and operation phases will be enforced. Additional avoidance and minimization measures to ensure that no individual CTS are harmed or killed by the project are included in Appendix A. CTS is considered a focal species of the EACCS and general and species-specific avoidance and minimization measures included in the EACCS Biological Opinion which also will be implemented are included in Appendix B. Compensation. The project description already includes the preservation of approximately 81 acres of open space that will be preserved with a deed restriction, conservation easement, or similar conservation mechanism which provides better quality potential estivation habitat for CTS than the 28 to 30 acres of marginal estivation habitat that will be impact. These preserved lands along with a Habitat Management Plan, would result in a less than significant impact for loss of CTS upland habitat. A Habitat Management Plan will be developed for the preserved land by a qualified biologist to benefit CTS and other grassland species that may occur there such as the burrowing owl and American badger. Therefore, we believe the project as currently proposed would result in a less than significant impact on upland habitat for CTS. Regulatory issues. In addition to implementing avoidance, minimization and compensation measures for CTS under CEQA, as described above, the applicant would need to comply with provisions of the federal and state Endangered Species Acts and may need to seek take authorization from both the USFWS and CDFW for project-related losses as required by law. To obtain a federal take permit, consultation with the U.S. Fish and Wildlife Service may need to be initiated either through a federal nexus (i.e., Section 7 consultation through the USACE) or through the HCP process (i.e., Section 10 consultation).