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Mitigation Monitoring and Reporting Program EXHIBIT B <br />Page 11 of 26 <br />ATTY/RESO.0042/CC RESO CALIFORNIA WAY WATER TANK, PUMP STATION AND PIPELINE PROJECT <br />REV: 05-03-17 PR df <br /> <br /> Mitigation Monitoring and Reporting Program <br />Impact Mitigation Measure Implementation <br />and Timing <br />Monitoring <br />Responsibility <br />Verified <br />Implementation <br />BIOLOGICAL RESOURCES <br />Impact BIO-1: If <br />construction occurs during <br />the bird nesting season <br />(February 1 - August 31), <br />removal of trees or other <br />vegetation as well as <br />construction in close <br />proximity to such vegetation <br />could impact native nesting <br />birds and violate the <br />California Fish and Wildlife <br />code, and the federal <br />Migratory Bird Treaty Act. <br />This impact can be avoided if <br />removal of trees and <br />vegetation are planned for the <br />non-nesting season from <br />September 1 to January 31. <br />Mitigation Measure BIO-1: If feasible, <br />removal of trees and vegetation and project <br />construction shall be scheduled outside of <br />the bird nesting season (September 1 to <br />January 31). If any project activities occur <br />during the nesting season (February 1 to <br />August 31), a pre-construction survey for <br />nesting birds shall be conducted by a <br />qualified biologist to identify active nests <br />that may be disturbed during construction. <br />The preconstruction survey shall take place <br />no more than 5 days prior to initiation of <br />construction. All trees and shrubs within <br />250 feet of the work area shall be surveyed <br />for raptors, and all trees and shrubs within <br />50 feet of the work area shall be surveyed <br />for other birds, with particular attention to <br />any trees or shrubs that will be removed or <br />directly disturbed. If an active nest of a <br />native bird is found on site, the biologist, <br />shall, in consultation with the California <br />Department of Fish and Wildlife (CDFW), <br />designate a construction-free buffer zone <br />(typically 250 feet for raptors and 50 feet <br />for other birds) around the nest to remain in <br />place until the young have fledged, as <br />determined by a qualified biologist. <br />Implementation: <br />The City shall either <br />carry out this <br />measure itself or <br />incorporate this <br />biology mitigation <br />measure into all <br />appropriate bid, <br />contract, and <br />engineering and site <br />plan (e.g. building, <br />grading, <br />improvement plans) <br />documents. <br />Timing: Prior to <br />any ground- <br />disturbing activities, <br />unless otherwise <br />specified. <br />Monitoring: The City’s <br />Engineering Division <br />shall review all <br />appropriate bid, <br />contract, and <br />engineering and site <br />(building, grading, <br />improvement plans) <br />documents for inclusion <br />of biological measures. <br />Initials: <br />Date: 8.A. - Page 18