AgdaPkt 2017-05-08 Joint SA PFA - Laserfiche WebLink

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Page 4 of 26 ATTY/RESO.0042/CC RESO CALIFORNIA WAY WATER TANK, PUMP STATION AND PIPELINE PROJECT REV: 05-03-17 PR df Exhibit A CEQA Findings of Fact for the Proposed Project The following f inding s , including impact st atements, mitigation measures, findings , and facts in support of findings, are based on the full administrative record including but not lim it ed to the FEIR which contains a greater discussion of each issue. Biology Impact: BIO-1: If construction occurs during the bird nesting season (February 1 - August 31), removal of trees or other vegetation as well as construction in close proximity to such vegetation could impact native nesting birds and violate the California Fish and Wildlife code, and the federal Migratory Bird Treaty Act. This impact can be avoided if removal of trees and vegetation are planned for the non-nesting season from September 1 to January 31. Mitigation: BIO-1: If feasible, removal of trees and vegetation and project construction shall be scheduled outside of the bird nesting season (September 1 to January 31). If any project activities occur during the nesting season (February 1 to August 31), a pre-construction survey for nesting birds shall be conducted by a qualified biologist to identify active nests that may be disturbed during construction. The preconstruction survey shall take place no more than 5 days prior to initiation of construction. All trees and shrubs within 250 feet of the work area shall be surveyed for raptors, and all trees and shrubs within 50 feet of the work area shall be surveyed for other birds, with particular attention to any trees or shrubs that will be removed or directly disturbed. If an active nest of a native bird is found on site, the biologist, shall, in consultation with the California Department of Fish and Wildlife (CDFW), designate a construction-free buffer zone (typically 250 feet for raptors and 50 feet for other birds) around the nest to remain in place until the young have fledged, as determined by a qualified biologist. Impact: BIO-2: Tree removal and/or demolition of the existing pump station building could significantly impact protected bat species if an occupied or perennial (but unoccupied) maternity or colony roost is present. Mitigation: BIO-2: A preconstruction survey for maternity (March 1 to August 1) or colony bat roosts (year-round) shall be conducted by a qualified biologist and done within 14 days prior to activities that remove vegetation or structures (the pump station). If an occupied maternity or colony roost is detected, the biologist shall contact CDFW to determine the appropriate buffer relative to the: • Proximity and noise level of project activities • Distance and amount of vegetation or screening between the roost and construction activities • Species-specific needs, if known, such as sensitivity to disturbance. Due to restrictions of the California Health Department, direct contact by workers with any bat is not allowed. The qualified bat biologist will be contacted immediately if a bat roost is discovered during project construction. 8.A. - Page 11