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<br />Furthermore, although no well-developed scrub habitat is present within the study area, such habitat <br />does exist along the slopes immediately west of the project site. This area provides potential habitat <br />for Alameda whipsnake (Masticophis latera/is euryxanthus), a federal and state listed Threatened <br />species. The Alameda whipsnake has the potential to move into the study area during the mating <br />season in spring. <br /> <br />In addition to the above species, a variety of raptors (birds of prey) and other migratory birds could <br />use the site, with some potential for nesting due to the presence of many large, mature trees. <br /> <br />Biological Constraints and Recommendations <br /> <br />Given the potential for occurrence of several special-status wildlife species, and because of the <br />proposed impacts to potentially jurisdictional drainages in the current site plans, Sycamore <br />recommends conducting a thorough biological assessment and formal jurisdictional determination <br />for the subject property for adequate disclosure under CEQA The jurisdictional determination <br />should be formally verified by a representative of the U.S. Army Corps of Engineers. Impacts to <br />Water of the U.S. and State require regulatory permits. The type of permits required and duration of <br />the permitting process is dependent upon project design and proposed impacts to regulated <br />biological resources. The biological assessment would make further recommendations for focused <br />botanical surveys for special-status plant species to be conducted during the seasons when the target <br />species can be identified in the field. <br /> <br />Furthermore, a pre-construction survey for nesting raptors and other birds on site would be <br />recommended prior to any tree removal, pruning of limbs or grading scheduled during the nesting <br />season. The nesting season generally extends from February I through August 31; however, it <br />begins earlier for some raptors. Typically, a buffer zone of 75 to 300 feet is required to protect <br />adults and nestlings from construction disturbances. If occupied nests are detected, exclusion areas <br />would be required until young birds have fledged. Destruction of occupied nests would be in <br />violation of the federal Migratory Bird Treaty Act and California Fish and Game code. <br /> <br />Please do not hesitate to call if you have any questions, Our office telephone number is (925) 279- <br />0580. <br /> <br /> <br />tthew Bettelheim <br />Wildlife Biologist <br />Sycamore Associates LLC <br /> <br />i~~ <br /> <br />Christopher Thayer ~ <br />Botanist and Wetland Specialist <br />Sycamore Associates LLC <br /> <br />Enclosures: <br /> <br />Penmttmg ~hcatlOns t=out <br />Permitting Flow Chart <br />References Cited <br /> <br />S:\ProjeCJSV<4uity E1llerpriseMeports\DueDiligenceEquily 09202004.doc <br /> <br />5 <br />