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LE <br />concurrent with development in the Redevelopment Project #2 <br />Area. Kaiser would be expected to contribute funds in the <br />construction of these proposed improvements. <br />Finding: The mitigation measure is feasible and would reduce the <br />impacts of the Project and the Higher Occupancy Scenario to less- than - significant <br />levels. <br />The mitigation measure would reduce the potential impact on air quality by <br />minimizing the amount of exposed soil and dust and by maintaining equipment engines <br />in good condition. The mitigation measure would reduce the potential impact on noise <br />by reducing engine noise and by limiting construction activities to times of day when <br />receptors are less sensitive biological resources <br />I. Construction Impacts- Nesting Birds <br />Potential Impact: Existing trees on the site may provide habitat for <br />nesting birds typically found in urban settings. Proposed project related removal of <br />trees currently existing on the site during nesting season could affect these birds. <br />(Potentially Significant) <br />Mitigation: The following mitigation measure, as set forth in the Initial <br />Study and the FEIR, is hereby adopted and will be implemented as provided in the <br />Mitigation Monitoring Program: <br />Protection of Nesting Birds. To avoid disturbance to birds, their eggs, or <br />their young, the construction contractor shall schedule all tree removal to occur between <br />August 31 and February 1 during the period when birds are not nesting. If this is not <br />feasible, the California Department of Fish and Game would require a pre- construction <br />survey for nesting birds to be conducted no earlier than 45 days and no later than 20 <br />days prior to the removal of any trees or shrubs on the project site. In the event that an <br />active nest is located in trees or shrubs to be removed, clearing and construction within <br />100 feet (or as determined on a case -by -case basis) shall be postponed until the nest is <br />vacated and a qualified wildlife biologist has determined that juveniles have fledged <br />(typically 3 -4 weeks for most small birds) and there is no evidence of a second attempt <br />at nesting. <br />Finding: The mitigation measure identified above is feasible and would <br />reduce the potentially significant environmental impact described above to a less -than- <br />significant level. <br />The mitigation measure identified above would reduce the potentially <br />significant environmental impact described above to a less- than - significant level by <br />scheduling tree removal during the seasons when birds are not nesting. <br />21 <br />