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Notification #1600-2018-0342-R3 Streambed Alteration Agreement October 28, 2019 Page 17 of 24 of day, and during appropriate nesting times and shall concentrate on areas of suitable habitat. If a lapse in project -related activities of 14 days or longer occurs, another focused survey, and if required, consultation with CDFW and USFWS will be required before project activities can be reinitiated. If an active nest is found, Permittee shall consult with CDFW regarding appropriate action to comply with Fish and Game Code. CDFW reserves the right to provide additional provisions to this Agreement designed to protect nesting birds. 2.27 Active Bird Nest Buffers. If an active nest is found during surveys, the active nest site shall be designated as "Ecologically Sensitive Areas" (ESA) and protected (while occupied) during project construction with the establishment of a fence barrier surrounding the nest site. No project personnel or activities shall be allowed within the ESA. The Qualified Biologist shall consult with CDFW to receive written concurrence with ESAs for nesting birds. CDFW recommends that the minimum distances of the protective buffers surrounding each identified nest site be the following: i) 1,000 feet for other large raptors such as buteos; ii) 500 feet for small raptors such as accipiters; iii) 250 feet for passerines. A Qualified Biologist shall monitor the behavior of the birds (adults and young, when present) at the nest site during the beginning of project activities daily to ensure that they are not disturbed by project -related activities. Nest monitoring shall continue during project -related construction work until the young have fully fledged, are no longer being fed by the parents and have left the nest site, as determined by a Qualified Biologist. 2.28 Harassment of Animals. No project personnel or motorized equipment shall harass, herd or drive any bird or mammal. Harass is defined as an intentional act which disrupts an animal's normal behavior patterns, which includes, but is not limited to, breeding, feeding or sheltering. project personnel and equipment shall not cause displacement of waterbirds into roadways or open areas without cover from aerial predators. CDFW reserves the right to provide additional measures that shall be made part of this Agreement. 2.29 On-site Qualified Biologist or Biological Monitor with Stop Work Authorization. Permittee shall have the CDFW-approved Qualified Biologist, or Biological Monitor onsite daily during project activities to minimize impacts to plant, fish, and wildlife habitat. Qualified biologists and Biological Monitors shall be authorized to stop construction if necessary, to protect fish and wildlife resources. If there is a threat of harm to any sensitive species, or other wildlife, the Qualified Biologist or Biological shall halt construction and notify Melissa A. Farinha at (707) 944-5579 or electronic communication sent to Melissa.Farinhaa-wildlife.ca.gov. Consultation with CDFW is required before re -commencing work. 2.30 Training Session for Personnel. Prior to any project construction work, the Qualified Biologist shall provide a training session for all work personnel to identify special -status species which may be in the area, their general behavior, how they may be encountered in the work area, and procedures to follow when they are encountered. Interpretation shall be provided for non-English speaking workers. Any personnel joining the work crew later shall receive the same training before beginning work. All on-site personnel shall verify they've received this training