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b. Consult all local, State, and Federal regulations for the development of an appropriate buffer distance between development site and any wetland or waterway. Formore information on wetland protection regulations see the Clean Water Act sections 401 and 404. c. Maximize use of disturbed land for all project activities (i.e., siting, lay-down areas, and construction). d. Implement standard soil erosion and dust control measures. For example: i. Establish vegetation cover to stabilize soil ii. Use erosion blankets to prevent soil loss iii. Water bare soil to prevent wind erosion and dust issues 3. Stressor Management Stressor. Vegetation Removal Conservation Goal:Avoid direct take of adults, chicks, or eggs. Conservation Measure 1: Schedule ali vegetation removal, trimming, and grading of vegetated areas outside of the peak bird breeding season to the maximum extent practicable. Use available resources, such as intemet-based tools (e.g., the FWS's Information, Planning and Conservation system and Avian Knowledge Network) to identify peak breeding months for local bird species; or, contact local Service Migratory Bird Program Office for breeding bird information. Conservation Measure 2: When project activities cannot occur outside the bird nesting season, conduct surveys prior to scheduled activity to determine if active nests are present within the area of impact and buffer any nesting locations found during surveys. 1) Generally, the surveys should be conducted no more than five days prior to scheduled activity. 2) Timing and dimensions of the area to be surveyed vary and will depend on the nature of the project, location, and expected level of vegetation disturbance. 3) If active nests or breeding behavior(e.g., courtship, nest building, territorial defense, etc.) are detected during these surveys, no vegetation removal activities should be conducted until nestlings have fledged or the nest fails or breeding behaviors are no longer observed. if the activity must occur, establish a buffer zone (100-feet minimum) around the nest and no activities will occur within that buffer zone until nestlings have fledged and left the nest area. The dimension of the buffer zone may need to be expanded depending on the proposed activity, habitat type, and species present and should be coordinated with the biologist on site and/or SJMS CP. 4) When establishing the buffer zone, construct a barrier (e.g., plastic fencing) to protect the area. if the fence is knocked down or destroyed, work will suspend wholly, or in part, until the fence is satisfactorily repaired. S) When establishing a buffer zone, a qualified biologist will be present onsite to serve as a biological monitor during vegetation clearing and grading activities to ensure no take of migratory birds occurs. Prior to vegetation clearing, the monitor will ensure that the limits of construction have been properly staked and are readily identifiable. Any associated project activities that are inconsistent with the applicable conservation measures, and activities that may result in the `take of migratory birds'will be immediately halted and reported to the SJMSCP and the appropriate Service office within 24 hours. 0 page 6