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3B Public Hearing 2013 0401
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3B Public Hearing 2013 0401
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4/8/2013 4:08:07 PM
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3/26/2013 5:54:52 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
4/1/2013
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_CC Agenda 2013 0401 CS+RG
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\City Clerk\City Council\Agenda Packets\2013\Packet 2013 0401
Reso 2013-043
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Path:
\City Clerk\City Council\Resolutions\2013
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PLN2012-00006; 2539 Grant Avenue <br />Mitigated Negative Declaration <br />October 2012 <br />Evaluation Checklist has been prepared with a determination that the project will not <br />have a significant impact on the environment and as long as the applicant complies with <br />all identified mitigation measures. <br />B. The project area is located within the seismically-active Bay Area. Therefore, the <br />project applicant would be required to comply with all applicable State and City <br />regulations to address geologic hazards. The mitigation measures are conditions of <br />approval. <br />VII. SUMMARY OF MITIGATION MEASURES <br />Mitigation Measure <br />#la. If construction must be scheduled to occur during the migratory bird and raptor <br />nesting season (February 15 through August 15 for most birds), a A qualified wildlife <br />biologist, familiar with the species and habitats in the Project area, will be retained to <br />conduct pre-construction surveys for raptors and nesting birds within 300 feet of <br />construction activities. The surveys shall be conducted one week before initiation of <br />construction. If no active nests are detected during surveys, activities may proceed. If <br />active nests are detected then the applicant should consult with the Lead Agency and <br />DFG on appropriate buffers. (BZA amended this measure by motion at its February 7. <br />2013 meeting.). <br />#lb. To reduce impacts to raptors, the applicant shall minimize small mammal habitat <br />from occurring beneath the wind swept area of the turbine. <br />#lc. To reduce impacts to avian species from electrocution, all electrical wires shall be <br />placed underground or follow minimization methods established by Avian Power Line <br />Interaction Committee. <br />#ld. If a state or federally listed species is killed during Project operations without the <br />appropriate Incidental Take Permit (ITP) under the California Endangered Species Act <br />(CESA) or the federal Endangered Species Act, the applicant shall halt all turbine <br />operations immediately. The applicant must consult with the United States Fish and <br />Wildlife Service (USFWS) and/or California Department of Fish and Game (DFG). <br />#le. If a carcass is found that is federally threatened, endangered or protected by the <br />Migratory Bird Treaty Act (MBTA), the information shall be reported by a qualified <br />biologist to USFWS, Office of Law Enforcement, Renewable Energy Officer at (650) <br />876-9078 within five days of its discovery. <br />#lf. If a carcass of a species listed pursuant to CESA or Fish and Game Code Section <br />3511 is discovered, DFG shall be immediately notified at (707) 944-5500. <br />#lg. If a species is injured as a result of Project operations, the applicant shall <br />immediately take it to a DFG approved wildlife rehabilitation or veterinary facility, <br />such as Sulphur Creek Nature Center, at (510) 881-6747; or Ohlone Humane Center, at <br />(510) 797-9449. Permittee shall bear any costs associated with the care and treatment of <br />such injured species. <br />#lh. A post-construction monitoring plan shall be approved by DFG and implemented <br />within one month of initial turbine operation. <br />2
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