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Soil Investigations for Data Collection in the Delta Initial Study/Proposed Mitigated Negative Declaration 70 California Black Rail is considered to have a moderate potential to occur within the Study Area due to the presence of suitable habitat and several recorded occurrences near Impact Areas. No take of California Black Rail per California Fish and Game Code Section 3511 would occur due to the Proposed Project; however, CEQA considers potential effects beyond direct take of Fully Protected species. Implementation of Mitigation Measures MM BIO-1 and MM BIO-8, would reduce impacts to California Black Rail to: Less than Significant with Mitigation Incorporated. Song Sparrow “Modesto” Population (Melospiza melodia) Song Sparrow “Modesto” population (hereafter referred to as Modesto Song Sparrow), is a California Species of Special Concern. While Song Sparrow ranges widely throughout North America; the Modesto population is endemic to the north-central portion of the Central Valley and is ubiquitous in the Delta (Gardali 2008). Modesto Song Sparrow uses emergent marsh and riparian scrub habitats (Grinnell and Miller 1944), In addition, the species has been observed to nest in valley oak riparian forests with a dense blackberry understory, vegetated irrigation canals and levees, and recently planted Valley Oak restoration sites (Gardali 2008). Breeding occurs from April to August (CDFW 1990f). Modesto Song Sparrow is considered to have a high potential to occur within the Study Area due to the presence of suitable habitat and many recorded occurrences throughout the Study Area. Implementation of Mitigation Measures MM AES-1, MM BIO-1 and MM BIO-8 would reduce potential impacts to Modesto Song Sparrow to: Less than Significant with Mitigation Incorporated. Osprey (Pandion haliaetus) Osprey is a species on the CDFW Watch List. Osprey is a large raptor with brown back and wings, white underparts, brown line through the eye, and hooked beak. The species’ range includes all of North America; in California, it breeds primarily from the Cascade Range to Lake Tahoe and south to Marin County. Their year-round range includes the northern and western portions of the Central Valley (CDFW 1990g). Habitat includes riparian, lakes, coastal Osprey nest in large open forest trees and snags, and on man-made structures in close proximity to open water. Osprey hunt for fish by diving into open water and clasping prey in their talons (Bierregaard et al 2016). Nests are built in large open forest trees and snags, and on man-made structures in close proximity to open water (Bierregaard et al 2016). Breeding takes place from March through September (CDFW 1990g). Suitable habitat for Osprey is present and the species has been observed foraging within the Study Area. Therefore, Osprey has a high potential to occur within the Study Area. Implementation of Mitigation Measures MM AES-1, MM