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DocuSign Envelope ID: 117C5B91-97C1-4BD1-9378-E46B8768498C Mr. Mark Meissner City of Lathrop April 13, 2020 Page 4 of 7 Survey methods should be closely followed by starting early in the nesting season (late March to early April) to maximize the likelihood of detecting an active nest (nests, adults, and chicks are more difficult to detect later in the growing season because trees become less transparent as vegetation increases). Surveys should be conducted: 1) within a minimum 0.25-mile radius of the Project area or a larger area if necessary to identify potentially impacted active nests, and 2) for at least the two survey periods immediately prior to initiating Project-related construction activities. Surveys should occur annually for the duration of the Project. The qualified biologist should have a minimum of two years of experience implementing the TAC survey methodology. If an active nest is identified, a 0.25-mile buffer shall be maintained around the nest until the young fledge. If Swainson's hawk activity (foraging or courtship, not just nests) is noted within 0.25 miles of the Project site and a non-disturbance buffer of 0.25 miles cannot be implemented, the Project proponent should be required to obtain a CESA Incidental Take Permit (ITP) and pursue further compensatory mitigation as a condition of Project approval. The permanent loss of foraging habitat is considered significant. To offset loss of foraging habitat, CDFW recommends that the Project proponent should be required to purchase and protect in perpetuity compensatory mitigation lands at a minimum of a 1:1 mitigation ratio as a condition of Project approval. If active nests are found within 0.25 miles of the project site and take cannot be avoided, the mitigation ratio should be increased to a minimum of 3:1 (mitigation: loss). Comment 3: Riparian Brush Rabbit The riparian brush rabbit (Sylvilagus bachmani riparius) is State and Federally listed as Endangered. The population at Paradise Cut is one of the few remaining populations of riparian brush rabbit and is under significant threat of extirpation. Due to the potential presence of this listed species and the potential for Project-related take, CDFW advises that the Project proponent be required to obtain a CESA ITP (pursuant to Fish and Game Code 2080 et seq.) as a condition for Project approval. The permanent loss of core riparian habitat and adjacent flood refugia is a potentially significant impact. To offset loss of habitat, CDFW recommends that the Project proponent should be required to purchase and protect in perpetuity compensatory mitigation lands at a minimum of a 5:1 mitigation ratio as a condition of Project approval. Comment 4: Western Burrowing Owl The Project has the potential to adversely impact the species through permanent and temporary losses of nesting and foraging habitat. The Project may also result in additional impact to burrowing owl through nest abandonment, loss of young, and reduced health and vigor of chicks (resulting in reduced survival rates) and breeding and foraging disturbance through Project activities. To ensure impacts to burrowing owls are mitigated to a level of less-than-significant, CDFW recommends that the following nesting bird assessment and avoidance mitigation measure is included as a condition for Project approval: