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Soil Investigations for Data Collection in the Delta Initial Study/Proposed Mitigated Negative Declaration xi Swainson’s Hawk Nesting Surveys in California’s Central Valley (SWHA Technical Advisory Committee 2000) between 5 days and 72 hours prior to the start of soil investigation activities to identify Swainson’s Hawk nests. b. If active nests are observed within 0.25 mile of an Impact Area, project activities will be limited to outside of the breeding season (March 15 – September 15) or until the nest is determined to be inactive or fledged by a qualified biologist. c. When soil investigation activities must occur within 0.25 mile of a known or potential nest during nesting season (March 15 – September 15), soil investigation field activities will be initiated prior to egg-laying, if possible. If soil investigation activities must begin after egg-laying, a 650-foot no-activity buffer will be established between an active nest and any soil investigation activities until eggs have hatched. If site- specific conditions or the nature of the project activity (e.g., steep topography, dense vegetation, limited activities) indicate that a smaller buffer could be used, the qualified biologist will determine the appropriate buffer size. d. If young fledge prior to September 15, soil investigation activities can proceed normally, subject to confirmation by a qualified biologist that the young have fledged from active nest sites. If the active nest site is shielded from view and noise from the project site by other development, topography, or other features, the qualified biologist may determine that project activities can proceed. e. A qualified biologist with stop-work authority will be present during soil investigation field activities and may halt project activities if the biologist determines that Swainson’s Hawks in the vicinity of soil investigation activities are disturbed to the point where nest abandonment is likely. Additional protective measures, as determined by the qualified biologist, will be implemented prior to resuming soil investigation activities. MM BIO-12: Vernal Pool Species a. All ground disturbing activities (boring, CPT, or vegetation removal) shall be located at least 100 feet from a vernal pool to avoid impacts to sensitive vernal pool invertebrates. b. No project activities shall take place within an area identified as vernal pool complex, as determined by a qualified biologist, when wet soil conditions would increase the likelihood of vehicle traffic or other activities altering the site topography. MM BIO-13: Valley Elderberry Longhorn Beetle To minimize and avoid the potential impacts to Valley Elderberry Longhorn Beetle (VELB) that may occur within the project area, the following measures will be implemented: