14 ATTACHMENT 6 - Appendix A - E

60 provide potential nesting habitat for two special status bird species (northern harrier and grasshopper sparrow) and potentially for non-special status migratory birds that nest on the ground. Project activities including noise, ground disturbance and vegetation removal that commence during the nesting season (February 1 through August 31) could result in nest abandonment by adult birds and result in mortality to their unfledged young. This would constitute a violation of state and federal law and would be considered a significant impact under CEQA. Mitigation Measure. Implementation of the following mitigation measures would reduce impacts to nesting birds to a less-than-significant level. To the maximum extent practicable, vegetation planned for removal should be removed during the non-breeding season, i.e. removed during the period from September 1st through January 31st. If it is not possible to avoid vegetation removal or other disturbances during the breeding season (February 1 through August 31), then a qualified biologist will conduct a pre-construction survey for ground-nesting raptors and migratory birds in all potential nesting habitat within the development and bank stabilization impact areas and within 250 ft. of these areas. This survey should be conducted no more than 14 days prior to the initiation of demolition/construction activities during the early part of the breeding season (February through April) and no more than 30 days prior to the initiation of these activities during the latter part of the breeding season (May through August). If nesting raptors or migratory birds are detected on the site during the survey, a suitable construction-free buffer will be established around all active nests. The precise dimension of the buffer (up to 250 ft.) would be determined by the qualified biologist at that time and may vary depending on location and species. Buffers will remain in place for the duration of the breeding season or until it has been confirmed by the qualified biologist that all chicks have fledged and are independent of their parents. Pre-construction surveys during the non-breeding season are not necessary (with the exception of pre-constructions surveys for burrowing owls, see Impact 3.3.4, above), as adult birds would be expected to abandon their roosts during project implementation activities and therefore, would not be expected to be harmed or killed. Implementation of the above measures would reduce impacts to ground-nesting raptors and other ground-nesting birds to a less-than-significant level.