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5.0 Environmental Analysis 5.2 Biological Resources <br />Avion Project SEIR <br />Page 5.2-14 <br />Biological Resource Protection During Construction <br />I. Prior to Construction <br />A. Biologist Verification - The owner/permittee shall provide a letter to the City’s Mitigation <br />Monitoring Coordination (MMC) section stating that a Project Biologist (Qualified Biologist) as <br />defined in the City’s Biological Guidelines (2012), has been retained to implement the <br />project’s biological monitoring program. The letter shall include the names and contact <br />information of all persons involved in the biological monitoring of the project. <br />B. Preconstruction Meeting - The Qualified Biologist shall attend the preconstruction <br />meeting, discuss the project’s biological monitoring program, and arrange to perform any <br />follow up mitigation measures and reporting including site-specific monitoring, restoration <br />or revegetation, and additional fauna/flora surveys/salvage. <br />C. Biological Documents - The Qualified Biologist shall submit all required documentation to <br />MMC verifying that any special mitigation reports including but not limited to, maps, plans, <br />surveys, survey timelines, or buffers are completed or scheduled per the City’s Biology <br />Guidelines, MSCP, ESL Ordinance, project permit conditions; CEQA; endangered species acts <br />(ESAs); and/or other local, state or federal requirements. <br />D. Biological Construction Mitigation/Monitoring Exhibit (BCME) - The Qualified Biologist <br />shall present a BCME, which includes the biological documents in “C” above. In addition, <br />include: restoration/revegetation plans, plant salvage/relocation requirements (e.g., coastal <br />cactus wren plant salvage, burrowing owl exclusions, etc.), avian or other wildlife <br />surveys/survey schedules (including U.S. Fish and Wildlife Service protocol), timing of <br />surveys, wetland buffers, other impact avoidance areas, and any subsequent requirements <br />determined by the Qualified Biologist and the City Assistant Deputy Director (ADD)/MMC. <br />The BCME shall include a site plan, written and graphic depiction of the project’s biological <br />mitigation/monitoring program, and a schedule. The BCME shall be approved by MMC and <br />referenced in the construction documents. <br />E. Avian Protection Requirements - To avoid any direct impacts to Cooper’s hawk, rufous- <br />crowned sparrow, and coastal California gnatcatcher or any species identified as listed, <br />candidate, sensitive, or special status in the MSCP, removal of habitat that supports active <br />nests in the proposed area of disturbance should occur outside of the breeding season for <br />these species (February 1 to September 15). If removal of habitat in the proposed area of <br />disturbance must occur during the breeding season, the Qualified Biologist shall conduct a <br />preconstruction survey to determine the presence or absence of nesting for these three <br />sensitive bird species on the proposed area of disturbance. The preconstruction survey shall <br />be conducted within 10 calendar days prior to the start of construction activities (including <br />removal of vegetation). The applicant shall submit the results of the preconstruction survey <br />to the City’s Development Services Department (DSD) for review and approval prior to <br />initiating any construction activities. If nesting activities for any of the above-mentioned <br />sensitive bird species are detected, a letter report or mitigation plan in conformance with the <br />City’s Biology Guidelines and applicable state and federal law (i.e., appropriate follow up <br />surveys, monitoring schedules, construction and noise barriers/buffers, etc.) shall be