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Exhibit B: Conditions of Approval May 2, 2022 PLN21-0005 2824 Halcyon Drive Page 11 of 15 recommended in Appendix BIO. Construction activities that occur during the nesting season (generally February 1 to August 31) would disturb nesting sites for birds protected by the Migratory Bird Treaty Act (MBTA) and the California Fish and Game Code. a. Implementation of the following avoidance and minimization measures would minimize b. impacts to raptors and other nesting birds. c. To prevent impacts to the Fish and Game Code and/or MBTA-protected birds, nesting raptors, and their nests, removal of trees shall be limited to only those necessary to construct the proposed project. d. If possible, construction work (including tree and vegetation removal) should occur outside the nesting season (generally between February 1 and August 31). If construction (including tree and vegetation removal) cannot be conducted outside the nesting season, pre-construction surveys shall be conducted not less than 7 days before the start of work to verify the absence of active nests. e. If an active nest of a special-status bird species is located during preconstruction surveys, the United States Fish and Wildlife Service (USFWS) and/or California Department of Fish and Wildlife (CDFW) (as appropriate) shall be notified regarding the status of the nest. f. For nests of all species protected under Fish and Game Code, construction activities shall be restricted as necessary to avoid disturbance of the nest until it is abandoned, or the agencies deem disturbance potential to be minimal. Restrictions may include establishment of exclusion zones (no ingress of personnel or equipment at a minimum radius of 100 feet around an active raptor nest and an appropriate radius around an active migratory bird nest depending on the species) or alteration of the construction schedule. g. A qualified Biologist shall delineate the buffer using nest buffer signs, environmentally sensitive area fencing, pin flags, and/or flagging tape. The buffer zone shall be maintained around the active nest site(s) until the young have fledged and are foraging independently. Furthermore, the project would include pre-construction surveys for roosting bats as recommended in Appendix BIO. While unlikely, the vacant structures on-site could provide roosting habitat for special-status bat species. Potential direct and indirect impacts could occur to roosting bats during project construction due to the removal of potential roosting habitat. These activities could potentially subject bats to risk of death or injury, and they are likely to avoid using the area until such construction activities have dissipated or ceased. Relocation, in turn, could cause hunger or stress among individual bats by displacing them into adjacent territories belonging to other individuals. Implementation of the following avoidance and minimization measures would minimize impacts to roosting bats.