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5. Impact on the California tiger salamander Finding. Based on information made available subsequent to the certification of the FEIR, the City finds that the California Tiger Salamander does not utilize the Staples Ranch Property and therefore the impacts to this species are less than significant. Draft SEIR, pp. 17 -18, 27 6. Impact on the western pond turtle or its habitat Finding. The City finds that the following mitigation measures are feasible and have been incorporated into the MMRP, thereby mitigating the impact to a less- than significant level: Conduct preconstruction surveys for the western pond turtle, per MM BIO -4.1. Provide exclusion fencing for the western pond turtle, per MM BIO -4.2. Draft SEIR, pp. 1849, 26, 65 -66; Final SEIR, p. 4 -4; DEIR, p. 3.3 -20 7. Impacts on nesting birds or their habitat Finding. The City finds that the following mitigation measure is feasible and has been incorporated into the MMRP, thereby mitigating the impact to a less- than significant level: Preconstruction nesting bird surveys shall be conducted by a qualified biologist. If active nests are found within the construction footprint, delay construction activities within a specified distance from the nest, as determined by the biologist, per MM BIO -5.1. Draft SEIR, p. 66; DEIR, p. 3.3 -21 8. Impacts on San Joaquin spearscale Finding. The City finds that the following mitigation measure is feasible and has been incorporated into the MMRP, thereby mitigating the impact to a less- than significant level: Prior to issuance of the first grading permit for all or a portion of the Staples Ranch site or the Stoneridge Drive bridges, the Alameda County Surplus Authority (ACSPA) shall permanently preserve a minimum of 1.77 acres of San Joaquin spearscale habitat in Alameda County, per MM S- BIO -1. 21 Findings and Statement of Overriding Considerations