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SAN LEANDRO SHORELINE DEVELOPMENT DRAFT EIR <br />CITY OF SAN LEANDRO <br />EXECUTIVE SUMMARY <br />TABLE 1-1 SUMMARY OF IMPACTS AND MITIGATION MEASURES <br />Significance <br />Before <br />Significant Impact Mitigation <br />BIO -1C. Proposed development could result in <br />inadvertent loss of bird nests in active use, which would <br />conflict with the federal Migratory Bird Treaty Act and <br />California Fish and Game Code if adequate controls and <br />preconstruction surveys are not implemented. <br />LTS = Less Than Significant S = Significant SU = Significant Unavoidable Impact <br />Mitigation Measures <br />required as part of the authorizations from regulatory agencies. <br />BIO -1C: Ensure Avoidance of Bird Nests in Active Use. Tree removal, <br />landscape grubbing, building demolition, and other construction <br />activities, such as grading and utility installation shall be performed <br />in compliance with the Migratory Bird Treaty Act and relevant <br />sections of the California Fish and Game Code to avoid loss of nests <br />in active use. This shall be accomplished by scheduling tree removal <br />and building demolition outside of the bird nesting season (which <br />occurs from February 1 to August 31) to avoid possible impacts on <br />nesting birds if new nests are established in the future. Alternatively, <br />if tree removal and building demolition cannot be scheduled during <br />the non -nesting season (September 1 to January 31), a pre - <br />construction nesting survey shall be conducted. The pre - <br />construction nesting survey shall include the following: <br />■ A qualified biologist (Biologist) shall conduct a pre -construction <br />nesting bird (both passerine and raptor) survey within seven <br />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 <br />is required and tree removal, landscape grubbing, other <br />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 <br />calendar days elapse between the initial nest search and the <br />beginning of tree removal, landscape grubbing, other <br />construction activities and building demolition. <br />■ If any active nests are encountered, the Biologist shall determine <br />an appropriate disturbance -free buffer zone to be established <br />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 <br />for passerines and 300 feet for raptors) and other factors such as <br />ongoing disturbance in the vicinity of the nest location. If <br />necessary, the dimensions of the buffer zone shall be determined <br />in consultation with the California Department of Fish and <br />Significance <br />With <br />Mitigation <br />LTS <br />1-12 DECEMBER 2014 <br />