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San Joaquin County Community Environmental Setting, Impacts,and Mitigation Measures <br /> Development Department Biological Resources <br /> Because much of the native woodlands that historically occurred in the project <br /> vicinity have been converted to urban or agricultural settings,the amount of <br /> nesting habitat available to these species has declined dramatically,and many _ <br /> bird species have become habituated to urban and agricultural areas. Special- <br /> status raptors such as Swainson's hawk and white-tailed kite are not expected to <br /> nest in almond orchards and would not be affected by tree-removal activities. <br /> Grading and excavation activities that occur around the perimeter of orchards and <br /> agricultural fields and within ruderal areas have the potential to remove active <br /> nests of California horned lark(a state species of special concern)and other — <br /> ground-nesting non-special-status migratory birds, including western <br /> meadowlark and killdeer. <br /> If construction occurs during the breeding season(generally between March I <br /> and August 15), construction activities(e.g.,tree removal,grading,excavation) <br /> could remove occupied nests of special-status and non-special-status migratory — <br /> birds. This disturbance could cause nest abandonment,death of young,or loss of <br /> reproductive potential at active nests located in or near the project area. All <br /> migratory birds are protected under the NOTA and California Fish and Game <br /> Code Section 3503. This potential impact is considered significant. <br /> Implementation of Mitigation Measure BIO-I would reduce this impact to a <br /> less-than-significant level and avoid violating the MBTA and California Fish _ <br /> and Game Code. <br /> Mitigation Measure BIO-1: Conduct Ground-Disturbing and <br /> Tree Removal Activities during the Nonbreeding Season for — <br /> Special-Status and Non-Special-Status Migratory Birds or <br /> Retain a Qualified Biologist to Conduct a Nesting Bird Survey <br /> before Construction Activities Are Initiated <br /> To avoid removing any active special-status or non-special-status <br /> migratory bird nest, construction activities(i.e., grading,excavation, and <br /> tree removal) shall be conducted during the nonbreeding season for _ <br /> migratory birds(generally between August 16 and February 28)or after <br /> a qualified biologist determines that fledglings have left the nest(as <br /> required under Sections 5.2.4.11, 5.2.4.18,and 5.2.4.19 of the SJMSCP). — <br /> If tree removal activities are conducted before August 16 or after <br /> February 28, a qualified biologist will be retained by DeSilva Gates or its _ <br /> contractor to survey for nesting birds in all trees that will be removed. <br /> The nesting bird survey will be conducted within 2 days before tree <br /> removal activities. If the biologist determines that the area surveyed <br /> does not contain any active nests, then tree removal activities can — <br /> commence without any further mitigation. If active nests are found, <br /> construction will not occur until nesting activities have ceased and a <br /> qualified biologist determines that fledglings have left the nest. <br /> DeSilva Gates Quarry Project <br /> Draft Environmental Impact Report 3.D-14 <br /> Jas os msas <br />