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Notification #1600 - 2013- 0356•R3 Streambed Alteration Agreement Page 7 of 23 Exhibit A -1 A qualified biologist is an individual who shall have a minimum of five years of academic training and professional experience in biological sciences and related resource management activities with a minimum of two years conducting surveys for each species that may be present within the project area. A biological monitor is an individual who shall have academic and professional experience in biological sciences and related resource management activities as it pertains to this project, experience with construction -level biological monitoring, be able to recognize species that may be present within the project area, and be familiar with the habits and behavior of those species. 2.8 Nesting Bird Survey. If project activities are scheduled during the nesting season of raptors and migratory birds, a focused survey for active nests of such birds shall be conducted by the CDFW- approved qualified biologist within 15 days prior to the beginning of project - related activities. Surveys shall be conducted in all suitable habitat located at project work sites and in staging and storage areas. The minimum survey radii surrounding the work area shall be the following: i) 250 feet for passerines; ii) 500 feet for other small raptors such as accipiters; iii) 1,000 feet for larger raptors such as buteos, The bird survey methodology and the results of the survey shall be submitted to CDFW prior to commencement of project activities. Nesting seasons are typically defined as followed: i) March 15 to August 30 for smaller bird species such as passerines; ii) February 15 to September 15 for raptors. 2.9 Active Nests, If active nests are found, Permittee shall consult with CDFW and the USFWS regarding appropriate action to comply with the Migratory Bird Treaty Act of 1918 and the FGC. If a lapse in project - related work of 15 days or longer occurs, another focused survey shall be conducted before project work is reinitiated. If an active nest is found, Permittee shall consult with CDFW and the USFWS prior to resumption of project activities. 2.10 Active Nest Buffers. Active nest sites shall be designated as "Ecologically Sensitive Areas" (ESA) and protected (while occupied) during project activities with the establishment of a fence barrier surrounding the nest site. The typical minimum distances of the protective buffers surrounding each identified ESA are the following: 1) 1,000 feet for large raptors such as buteos; ii) 500 feet for small raptors such as accipiters; iii) 250 feet for passerines. A biological monitor or qualified biologist shall monitor the behavior of the birds Page 16 of 34 ATTY /AGR /2018.243 /CITY OF MENLO PARK_ATHERTON CHANNEL GSA