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Facts in Support of Finding The City of Pleasanton has adopted the following measures which will reduce potential impacts on raptors and other migratory nesting birds to a less-than-significant level: Mitigation Measure 4.3-4: The implementation of the following measures would ensure that raptors (hawks and owls)and other migratory birds are not disturbed during the breeding season and that burrowing owls and occupied habitat are not taken at any time of year: a. A qualified ornithologist shall conduct a pre-construction survey for nesting raptors(including both tree and ground nesting raptors)and other migratory birds on-site within two weeks of the onset of site disturbance (e.g. demolition, vegetation removal and earthwork), if ground disturbance is to occur during the breeding season(February 1 to August 31). These surveys shall be based on the accepted protocols for the target species. These surveys shall explicitly consider the burrowing owl as a potential target species and pre-construction efforts shall be conducted according to the most recent protocol. If a nesting raptor or active nest of another migratory bird were to be detected, an appropriate no disturbance buffer would be established in consultation with CDFW. In general, no-disturbance buffers around active nests of raptors are 250-300 feet, while the buffers around the nests of passerines(perching) are 50 feet. The actual size of buffer would depend on species, topography, and type of construction activity that would occur in the vicinity of the nest. The location of no-disturbance buffers would be marked in the field and communicated to the construction team during the preconstruction environmental training meeting described above in Mitigation Measure 4.3-26. b. A qualified ornithologist shall conduct pre-construction surveys for burrowing owls during the non-breeding season. Pre-construction surveys during the non-breeding season are not necessary for tree nesting raptors, as they are expected to abandon their roosts during construction. If pre- construction surveys (conducted either during the breeding or non-breeding season) determine that burrowing owls occupy the site, mitigation consistent with the Staff Report on Burrowing Owl Mitigation (CDFG, 2012)would be implemented. Mitigation measures may include take avoidance, site surveillance, minimizing impacts through the use of no disturbance buffers, burrow exclusion and closure(blocking burrows with one-way doors)and compensation for the loss of occupied habitat. These measures may be necessary to ensure that owls are not harmed or injured during construction, and that the loss of occupied habitat is mitigated. Mitigation for the loss of occupied habitat could be accomplished on or off the property through City consultation with CDFW and the acquisition of the required permit. Significant Impact Impact 4.3-5: Project construction would require the filling of seasonal drainage channels and in-channel wetlands. Finding Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant effects on the environment. Facts in Support of Finding The City of Pleasanton has adopted the following measures which will reduce potential impacts to seasonal drainage channels and in-channel wetlands to a less-than-significant level: Mitigation Measure 4.3-5: The proposed project would impact 0.022 acre of Waters of the United States(0.016 acre and 243 lineal feet of drainage channel waters, and 0.006 acre of in-channel wetlands). While compensation for impacts to Waters of the United States shall occur at a minimum of a 1:1 LUND RANCH 11(PUD-25)RESIDENTIAL PROJECT 8 FINDINGS