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5.7 Biological Resources
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R:\Projects\PAS\CEN\000306\Draft EIR\5.7 Bio_051117.docx
The Project shall include enhancement, restoration, and/or preservation of
potentially suitable tricolored blackbird breeding and foraging habitat.
Potentially suitable areas for enhancement and preservation include lower
Oso Canyon in close proximity to Cement Plant Road, as well as any other
created water bodies as part of the Project Drainage Plan, where feasible.
Enhancement factors shall include the creation of bulrush marsh habitat or
other substrate known to support breeding tricolored blackbirds; a persistent
nearby standing water during the breeding season; and available adjacent
foraging habitat with an appropriate food source.
Project construction activities (including, but not limited to, staging and
disturbances to native and nonnative vegetation, structures, and substrates)
shall occur outside of the avian breeding season, if feasible, which generally
runs from February 1–August 31 (as early as January 1 for some raptors) to
avoid take of birds or their eggs. “Take” means to hunt, pursue, catch, capture,
or kill, or attempt to hunt, pursue, catch, capture or kill (California Fish and
Game Code, Section 86), and includes take of eggs or young resulting from
disturbances that cause abandonment of active nests. Depending on the avian
species present, a qualified Biologist may determine that a change in the
breeding season dates is warranted.
If avoidance of the avian breeding season is not feasible, a qualified Biologist
with experience in conducting breeding bird surveys shall conduct weekly
bird surveys beginning 30 days prior to the initiation of Project activities, to
detect protected native birds occurring in suitable nesting habitat that is to be
disturbed and (as access to adjacent areas allows) any other such habitat
within 500 feet of the disturbance area. The surveys shall continue on a weekly
basis with the last survey being conducted no more than three days prior to
the initiation of Project activities. If a protected native bird is found, the Project
Applicant/Developer shall delay all Project activities within 300 feet of on- and
off-site suitable nesting habitat (within 500 feet for suitable raptor nesting
habitat) until August 31. Alternatively, the qualified Biologist could continue
the surveys in order to locate any nests. If an active nest is located, Project
activities within 300 feet of the nest (within 500 feet for raptor nests) or as
determined by a qualified Biological Monitor, must be postponed until the nest
is vacated; the juveniles have fledged; and there is no evidence of a second
attempt at nesting. Flagging, stakes, or construction fencing shall be used to
demarcate the inside boundary of the buffer of 300 feet (or 500 feet) between
the Project activities and the nest. Project personnel, including all contractors
working on site, shall be instructed on the sensitivity of the area. The Project
Applicant/Developer shall provide the Department of Regional Planning with
the results of the recommended protective measures described above to
document compliance with applicable State and federal laws pertaining to the
protection of native birds.
5.7-179 Centennial Project
Draft EIR