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SAN LEANDRO SHORELINE DEVELOPMENT DRAFT EIR <br />CITY OF SAN LEANDRO <br />BIOLOGICAL RESOURCES <br />Significance After Mitigation: Less than significant. <br />Nesting Birds <br />The mature trees, dense landscaping, and even the exterior of the existing buildings to be demolished <br />could be used for nesting by raptors and more common bird species. These nests would be protected <br />under the MBTA and California Fish and Game Code when in active use. The MBTA prohibits killing, <br />possessing, or trading in migratory birds, except in accordance with regulations prescribed by the USFWS; <br />this prohibition includes whole birds, parts of birds, and bird nests and eggs. Tree and vegetation removal, <br />building demolition, and other construction activities during the breeding season could result in the <br />incidental loss of fertile eggs or nestlings or nest abandonment if any active nests are present. This would <br />be considered a significant impact. <br />Impact 1310-1C: Proposed development could result in inadvertent loss of bird nests in active use, which <br />would conflict with the federal Migratory Bird Treaty Act and California Fish and Game Code if adequate <br />controls and preconstruction surveys are not implemented. <br />Mitigation Measure BIO -1C: Ensure Avoidance of Bird Nests in Active Use. Tree removal, landscape <br />grubbing, building demolition, and other construction activities, such as grading and utility installation <br />shall be performed in compliance with the Migratory Bird Treaty Act and relevant sections of the <br />California Fish and Game Code to avoid loss of nests in active use. This shall be accomplished by <br />scheduling tree removal and building demolition outside of the bird nesting season (which occurs <br />from February 1 to August 31) to avoid possible impacts on nesting birds if new nests are established <br />in the future. Alternatively, if tree removal and building demolition cannot be scheduled during the <br />non -nesting season (September 1 to January 31), a pre -construction nesting survey shall be <br />conducted. The pre -construction nesting survey shall include the following: <br />■ A qualified biologist (Biologist) shall conduct a pre -construction nesting bird (both passerine and <br />raptor) survey within seven calendar days prior to tree removal, landscape grubbing, other <br />construction activities and/or building demolition. <br />■ If no nesting birds or active nests are observed, no further action is required and tree removal, <br />landscape grubbing, other construction activities, and building demolition shall occur within <br />seven calendar days of the survey. <br />■ Another nest survey shall be conducted if more than seven calendar days elapse between the <br />initial nest search and the beginning of tree removal, landscape grubbing, other construction <br />activities and building demolition. <br />■ If any active nests are encountered, the Biologist shall determine an appropriate disturbance -free <br />buffer zone to be established around the nest location(s) until the young have fledged. Buffer <br />zones vary depending on the species (i.e., typically 75 to 100 feet for passerines and 300 feet for <br />raptors) and other factors such as ongoing disturbance in the vicinity of the nest location. If <br />necessary, the dimensions of the buffer zone shall be determined in consultation with the <br />California Department of Fish and Wildlife. <br />■ Orange construction fencing, flagging, or other marking system shall be installed to delineate the <br />buffer zone around the nest location(s) within which no construction -related equipment or <br />4.3-16 DECEMBER 2014 <br />