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sites, etc. Appendix E (Siting Criteria) of the Land Use, Conservation, and Open Space Element of the Kern County General Plan, states that designation of solid waste disposal facilities shall be excluded in areas containing rare or endangered plant or animal life that cannot be mitigated or accommodated. While the U.S. Fish and Wildlife Service recommends a 20 mile-per-hour speed limit to avoid impact to San Joaquin Kit Foxes during construction activities, the more restrictive San Joaquin Air Pollution Control District speed limit of 15 mile-per-hour in their Rule VIII to control fugitive dust will apply to the project. The mitigation measures include the recommendations made by the Project biologist in response to burrowing owls found within the permit area. Implementation of said measures will be completed under the direct supervision of a qualified biologist. With the implementation of the following mitigation measures,this potential impact from construction related activities is considered less than significant. Finding Changes or alterations have been required in, or incorporated into the project that substantially lessen the potentially significant effect as identified in the Final EIR, so that environmental effects after such mitigation are reduced to a less than significant level. Brief Explanation of the Rationale for the Finding Pursuant to Public Resources Code Section 21081(a)(1), the Board of Supervisors finds that the project's adherence to the following mitigation measures will reduce the potential impact of this significant effect to a less than significant level: MM. 4.2-1. a. Project work areas subject t d' � � o disturbance will be limited to the area that has been evaluated during the biological reconnaissance survey and the boundaries of all work areas will be clearly delineated in the field. The area surveyed included all areas not currently n ly being used for disposal activities within the Project area and an approximately 200-foot buffer. All H. M. Holloway employees and any subcontractor doing work within the permit area will be informed of the project perimeter of the area surveyed. b. Prior to new ground disturbing activities outside of the proposed fenced area and for activities conducted within the additional marshalling and stockpiling area a pre- activity survey will be performed by a qualified biologist not more than 14 days prior (see Figure 3-7). If, during those surveys, resources that have been evaluated in this report are found, necessary and applicable measures will be implemented to avoid/minimize potential impacts. A copy of the pre-activity survey report, which includes delineation of survey areas and pertinent Project features, shall be submitted to the Planning Department prior to initiating new ground disturbing activities outside the fenced area, or within the marshalling and stockpiling area. If sensitive biological resources are identified that have not been evaluated, all activities will be temporarily stopped and California Department of Fish and Game (CDFG) and/or United States Fish and Wildlife Service(USFWS)will be consulted as appropriate to determine what additional measures may be required to avoid impacts to such species. c. Annual surveys for potential nest sites in the permit area shall be conducted prior to nesting season(December/January). All banks will be evaluated for potential nesting opportunities, such as crevices or shelves. In the event that any nesting material is Findings of Fact—Section 15091 March 15,2016 H.M. Holloway Landfill Modification Project Final Board of Supervisors 21