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4. Mitigation Monitoring and Reporting Program San Leandro Treatment Wetland IS/MND 4-4 February 2024 Implementation Procedure Monitoring and Reporting Actions Monitoring Responsibility Monitoring Schedule Contractor implements measures in the program. City documents that measures are being implemented City’s construction manager During construction Mitigation Measure BIO-3: Avoid and Minimize Impacts to Nesting Birds Project staging, project construction, vegetation removal, or tree trimming should be performed outside of the bird nesting season (February 1st through August 31st) to avoid impacts to nesting birds; if these activities must be performed during the nesting bird season, a qualified biologist shall be retained to conduct a pre- construction survey in the Project construction and staging areas for nesting birds and verify the presence or absence of nesting birds no more than 14 days prior to construction activities or after any construction breaks of 14 days or more. Surveys shall be performed for the Project construction and staging areas and suitable habitat within 500 feet of the Project construction and staging areas, where accessible, to locate the presence of nesting birds and raptors. If nesting birds and raptors do not occur within 250 and 500 feet of the Project site, respectively, then no further action is required if construction begins within two weeks. If active nests are located during the pre-construction bird nesting surveys, no-disturbance buffer zones shall be established around nests, with a buffer size established by the qualified biologist. If the survey indicates the presence of active nests, no-disturbance buffer zones shall be established around the nests by the qualified biologist, as follows: • For raptor nests, the size of the buffer zone shall be a 250-foot radius centered on the nest; • For other birds, the size of the buffer zone shall be a 50- to 100-foot radius centered on the nest. These distances may be adjusted depending on the level of surrounding ambient activity and if an obstruction, such as a building or structure, is within line-of-sight between the nest and construction. Reduced buffers may be allowed if a full-time qualified biologist is present to monitor the nest and has authority to halt construction if bird behavior indicates continued activities could lead to nest failure. Buffered zones shall be avoided during construction-related activities until young have fledged or the nest is otherwise abandoned. Implementation Procedure Monitoring and Reporting Actions Monitoring Responsibility Monitoring Schedule City shall contract with a qualified biologist to conduct pre-construction surveys for nesting birds. City executes contract City, Qualified biologist Prior to construction. City and the appropriate regulatory agency shall establish buffer zones, if active nests are observed. City consults with agency City, regulatory agency Prior to construction City shall include in its contractor specifications City reviews contractor bid documents. City Prior to construction