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B10-21) Western Pond Turtle_Participation in the SIMSCP affords the project proponent X Certificate of Payment and Signed Ill incidental Take authorization for western pnnd turtle pursuant to ESA,CESA and Cl Nonetheless,to minimize the potential for Incidental take of the spades, precnnstructian surveys for western pond turtles shall be conducted within the project study area by a qualified biologist approved by the 5JM5CP TAC.If the species is detected,with€n the study area,the project shall undertake Incidental Take Avoidance and Minimization Measures to protect the species as directed by the TAC.Avoidance and minimization m easu res may include the following,as specified by the TAC, 1.When nesting areas for pond turtles are identified on a project site,a buffer area of 3017 feet shall be established between the nesting site(which may be immediately adjacent to wetlands or extend up to 400 feet away from wetland areas in uplands)and the wetland located new the nesting site.These buffers shall be indicated by temporary fencing if construction has begun or will begin before nesting periods end(the perlod from egg laying to emergence of hatchill is normally April to November).The bufferzone5 shall be maintained until the nesting season has ended.These mitigation measures would reduce potential impacts to western wndturtleto less than signifieanl levels because impacts to pond turtles would be avoided or minimlxed.In addition,restoration of the realigned creek channel would provide!at Least equivalent hab tat for western pond turtle. BIO-2E Nesting and Migratory Birds.To avoid and minimize impacts on nesting and % Certificate of Payment and Signed ril migratory birds and to comply with the federal Migratory Blyd Treaty Act pre- construction surveys will be conducted and construction avoidance measures will be implemented if necessary.Riparian vegetation,grass€and,agricultural and ruderal habitats and trees shall be surveyed,prior to construction to evaluate nesting bird habitat. 1.if work is scheduled to take place between February 1 and August 31,a preconstruction nesting bird survey will he conducted by a qualified biologist within 24 days of construction,covering a radius of 500 feet for non-listed raptors and 100 feet for non-listed passer€nes at all locations.Preconstruction surveys will need to be done in phases as work along the alignment based on project phasing will not he occurring concurrently.If there'Ps a break in construction activities of more than 7 days during the nesting season a new precanstructionsurvey must be conducted Z.If an active bird nest is found within these buffers,species-specific measures shall be prepared by a qualified biologist and implemented to prevent abandonment of the active nest.If an active nest 6s present,a minimum exclusion buffer of 106 feet shall he maintained during construction,depending on the species and location- 3 The perimeter of the nest setback Zone shall dee fenced or adequately demarcated with stakes and flagging at 20-foot intervals,and construction personnel and activities restricted from the area.A survey report by a qualified bloiogist verifying that no active nests are present,or that the young have fledged,shall he submitted prior to initiation of grading in the nest-setback zone. 4.The quail hiningist shall reeve as a biological monitor during those periods when construction activities occur near active nest areas to ensure that no inadvertent impacts on these nests occur.The qualified biologist will have stop work authority in the event construction activities result in disturbanceto an active nest.