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i <br /> i <br /> Notification #1600-2013-0356-R3 <br /> Streambed Alteration Agreement <br /> Page 7 of 23 <br /> A qualified biologist is an individual who shall have a minimum of five <br /> years of academic training and professional experience in biological <br /> sciences and related resource management activities with a <br /> minimum of two years conducting surveys for each species that may <br /> be present within the project area. <br /> A biological monitor is an individual who shall have academic and <br /> professional experience in biological sciences and related resource <br /> management activities as it pertains to this project, experience with <br /> construction-level biological monitoring, be able to recognize species <br /> that may be present within the project area, and be familiar with the <br /> habits and behavior of those species. <br /> 2.8 Nesting Bird Survey. If project activities are scheduled during the <br /> nesting season of raptors and migratory birds, a focused survey for <br /> active nests of such birds shall be conducted by the CDFW- <br /> approved qualified biologist within 15 days prior to the beginning of <br /> project-related activities. Surveys shall be conducted in all suitable <br /> habitat located at project work sites and in staging and storage <br /> areas. The minimum survey radii surrounding the work area shall be <br /> the following: i) 250 feet for passerines; ii) 500 feet for other small <br /> raptors such as accipiters; iii) 1 ,000 feet for larger raptors such as <br /> buteos. The bird survey methodology and the results of the survey <br /> shall be submitted to CDFW prior to commencement of project <br /> activities. <br /> Nesting seasons are typically defined as followed: i) March 15 to <br /> August 30 for smaller bird species such as passerines; ii) February <br /> 15 to September 15 for raptors. <br /> 2.9 Active Nests. If active nests are found, Permittee shall consult with <br /> CDFW and the USFWS regarding appropriate action to comply with <br /> the Migratory Bird Treaty Act of 1918 and the FGC. If a lapse in <br /> project-related work of 15 days or longer occurs, another focused <br /> survey shall be conducted before project work is reinitiated, if an <br /> active nest is found, Permittee shall consult with CDFW and the <br /> USFWS prior to resumption of project activities. <br /> 2.10 Active Nest Buffers. Active nest sites shall be designated as <br /> "Ecologically Sensitive Areas" (ESA) and protected (while occupied) <br /> during project activities with the establishment of a fence barrier <br /> surrounding the nest site. The typical minimum distances of the <br /> protective buffers surrounding each identified ESA are the following: <br /> 1) 1 ,000 feet for large raptors such as buteos; ii) 500 feet for small <br /> raptors such as accipiters; iii) 250 feet for passerines. A biological <br /> monitor or qualified biologist shall monitor the behavior of the birds <br /> REV 09-20-16 VR <br /> ATTY/AGR/2016.286/CITY OF MENLO PARK — ATHERTON CHANNEL MAINTENANCE <br />