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Ms.Alisa Goulart San Joaquin County Community Development Department February 11,2020 Page 9 To ensure impacts to nesting birds are mitigated to a level of less-than-significant,CDFW recommends that the IS/MND be revised to include the addition of the following specific and enforceable nesting bird assessment and avoidance mitigation measure in the event nesting birds are detected: i "Nesting Bird Assessment and Avoidance:Prior to the initiation of Project activities,including ground disturbing activities scheduled to occur between February 15 and September 15,a Qualified Biologist shall conduct a habitat assessment and nesting survey for nesting bird species no more than five days prior to the initiation of work.Surveys shall encompass all potential habitats(e.g.,grasslands and tree cavities)within 250 feet of the Project site. The Qualified Biologist conducting the surveys shall be familiar with the breeding behaviors and nest structures for birds known to nest in the Project vicinity.Surveys shall be conducted during periods of peak activity(early morning,dusk)and shall be of sufficient duration to observe movement patterns.Survey results,including a description of timing,duration and methods used,shall be submitted to CDFW for review 48 hours prior to the initiation of the Project.If a lapse in Project activity of seven days or more occurs,the survey shall be repeated,and no work shall proceed until the results have been submitted to CDFW. if nesting birds are found,then no work shall be initiated until nest-specific buffers have been established with written approval from CDFW. The buffer area(s)shall be fenced off from work activities and avoided until the young have fledged,as determined by the qualified biologist.Active nests within or adjacent to the Project site shall be monitored by the qualified biologist dally throughout the duration of Project activities for changes In bird behavior or signs of distress related to Project activities.If nesting birds are showing signs of distress or disruptions to nesting,then that nest shall have the buffer immediately increased by the qualified biologist until no further interruptions to breeding behavior are detectable. The Permittee or representatives of the Permittee shall not disturb or destroy the nests or eggs of fully protected species or of other birds as per Fish and Game Code section 3503." Comment 9: CDFW recommends additional general measures be included in IS/MND CDFW also recommends the following avoidance and minimization measures to be Included in the IS/MND: "Open Pipes Restriction:All pipes,culverts,or similar structures that are stored at the construction site(either vertically or horizontally)for one or more overnight periods will be securely capped on both ends prior to storage and thoroughly inspected for wildlife prior to implementation by a Qualified Biologist." 'Fence and Signpost Restriction.Any fencing posts or signs installed,temporarily or permanently,throughout the course of the Project shall have the top three post holes covered or filled with screws or bolts to prevent the entrapment of wildlife,specifically birds of pray." i I i