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Notification#1600-2018-0116-R3 Streambed Alteration Agreement Page 9 of 16 2.10 Breeding Bird Nest Take Prohibition. Permittee shall avoid active nests occurring near the project site. Permittee is responsible to comply with the Migratory Bird Treaty Act of 1918 and the Fish & Game Code of California, section 3503. 2.11 Active Nest Buffers. If an active nest is found during surveys, Permittee or the qualified biologist shall consult with CDFW and USFWS regarding appropriate action to comply with State and federal laws. Active nest sites shall be designated as "Ecologically Sensitive Areas" (ESA) and protected (while occupied) during project work by demarking a "No Work Zone" around each nest site. • Buffer distances for bird nests should be species specific, site specific and an installed at an appropriate distance, as determined by a qualified biologist in consultation with CDFW. The buffer distances should be specified to protect the bird's normal bird behavior to prevent nesting failure or abandonment. The buffer distance recommendation should be developed after field investigations that evaluate the bird(s) apparent distress in the presence of people or equipment at various distances. Abnormal nesting behaviors which may cause reproductive harm include, but are not limited to, defensive flights/vocalizations directed towards project personnel, standing up from a brooding position, and flying away from the nest. The qualified biologist shall have authority to order the cessation of all nearby project activities, in coordination with the resident engineer if the nesting birds exhibit abnormal behavior which may cause reproductive failure (nest abandonment and loss of eggs and/or young) until an appropriate buffer is established. Typical protective buffers shall be species specific and developed in consultation with CDFW. The qualified biologist shall monitor the behavior of the birds (adults and young, when present) at the nest site to ensure that they are not disturbed by project work. Nest monitoring shall continue during project work until the young have fully fledged (have completely left the nest site and are no longer being fed by the parents), as determined by the qualified biologist. 2.12 Nesting Habitat Removal or Modification. No trees or vegetation are authorized for removal during the course of the Project. 2.13 Swainson's Hawk. Protocol level-surveys for Swainson's Hawk shall be appropriately timed and conducted as directed in the Recommended Timing and Methodology For Swainson's Hawk Nesting Surveys in California's Central Valley (May 31, 2000). Any nests in man-made structures or in nesting trees for Swainson's hawk that have the potential to be impacted or removed as a result of the Project shall require obtainment of an Incidental Take Permit (Fish and Game Code section 2081, subd., (b).) prior to impact or removal of the structure or tree. Survey reports shall be submitted a minimum of 5 days prior to the start of work.