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Chapter 2 CEQA Findings Impact Statement Evidence/Rationale Supporting Findings Mitigation Measures Findings Level of Significance after Mitigation Impact 4.2-7 Construction The Agency believes that both MM4.2-2 through MM4.2-39 would also Finding 1 Significant and and operation of the construction and operation of the apply to this impact. The Agency finds that changes or alterations unavoidable proposed project would result proposed project would result in a have been required in, or incorporated into, the in a cumulatively cumulatively considerable net increase of project which would avoid or substantially considerable net increase of criteria pollutants for which the proposed lessen the significant environmental effect as criteria pollutants for which project region is in nonattainment under identified in the final EIR. the proposed project region is an applicable federal or state ambient air Finding 3 in nonattainment under an quality standard. applicable federal or state The Agency further believes that the The Agency finds that specific economic, ambient air quality standard. implementation of MM4.2-2 through social, or other considerations make infeasible MM4.2-39 will reduce the emissions of additional mitigation. Specifically, no additional these pollutants but not a less than feasible mitigation measures exist that would significant level. avoid or substantially reduce this impact. Since the region is in non-attainment for CO, NOx, PM1o, and PM 2.5 and the project exceeds Discussion is provided on pages 4.2-37 SCAQMD daily thresholds for VOC, NOx, CO, and 38 of the FEIR (Volume 1). In addition, and PM1o for construction and operation, it will Appendices B and G provide further make a cumulatively considerable impact. evidence supporting this impact and its associated findings. BIOLOGICAL RESOURCES Impact 4.3-1 Long-term cumulative development occurring pursuant to the Transit Zoning Code would not result in a potential reduction in nesting opportunities for resident and migratory avian species of special concern. The Agency believes that compliance with MM4.3-1, which requires that avian species of concern, protected migratory species (e.g., MBTA), or raptors species are not injured or disturbed by construction in the vicinity of nesting habitat, will reduce potential impacts to nesting, migratory, or protected birds. Discussion is provided on pages 4.3-16 and 17. 4.4-40 of the FEIR (Volume 1). In addition, Appendix C provides further evidence sum)ortina this impact and its MM4.3-1 To ensure that avian species of concern, protected migratory species (e.g., MBTA), or raptors species are not injured or disturbed by construction in the vicinity of nesting habitat, the project applicant shall implement the following measures: 1. Tree removal shall be restricted to the period between August 30 and February 15, to the extent feasible, to avoid the breeding season of any migratory species that could be using the area, and to discourage nesting in the vicinity of an upcoming construction area. Finding 1 The Agency finds that changes or alterations have been required in, or incorporated into, the project which would avoid or substantially lessen the significant environmental effect as identified in the final EIR. Less than significant 2-16 Revised Station District Project and FOL Settlement Agreement Findings of Fact/Statement of Overriding Considerations