77-5 EMM_R Program.pdf

Mitigation, Monitoring, and Reporting Program

Item Mitigation Measure When Monitoring is to Occur

Frequency of

Monitoring

Agency Responsible for Monitoring

Method to Verify

Compliance

Verification of

Compliance Biological Resources

General Project-Related Impacts

BIO-1 (WEAP Training): Prior to initiating construction activities (including staging and mobilization), all personnel associated with project construction will attend a mandatory Worker Environmental Awareness Program (WEAP) training, conducted by a “qualified biologist” (someone who is familiar with the species on the document), to aid workers in identifying special status resources that may occur in the APE.

The specifics of this program will include identification of the sensitive species and suitable habitats, a description of the regulatory status and general ecological characteristics of sensitive resources, and review of the limits of construction and mitigation measures required to reduce impacts to biological resources within the work area. This training will discuss special status species, describe the laws and regulations in place to provide protection of these species, identify the penalties for violation of applicable environmental laws and regulations, and include a list of required protective measures to avoid “take.” A fact sheet summarizing this information, along with photographs or illustrations of sensitive species with potential to occur on the APE, will also be prepared for distribution to all contractors, their employees, and all other personnel involved with construction of the project. All trainees will sign a form documenting that they have attended WEAP training and understand the information presented to them

Prior to the start of any construction activities

As needed for any new construction personnel during construction activities

City of Visalia

BIO-2 (BMPs): The project proponent will require that all workers employ the following best management practices (BMPs) in order to avoid and minimize potential impacts to special status species:

• Vehicles will observe a 15-mph speed limit while on unpaved access routes.

• Workers will inspect areas beneath parked vehicles, equipment, and materials prior to mobilization. If special status species are detected, the individual will either be allowed to leave of its own volition or

Prior to the start of any construction activities

During Construction

When Monitoring is to Occur

Frequency of

Monitoring

Agency Responsible for Monitoring

Method to Verify

Compliance

Verification of

Compliance will be captured by the “qualified biologist” (must possess appropriate collecting/handling permits) and relocated out of harm’s way to the nearest suitable habitat beyond the influence of the project work area. “Take” of a state or federal special status (rare, California Species of Special Concern, threatened, or endangered) species is prohibited.

• The presence of any special status species will be reported to the project’s “qualified biologist”, who will submit the occurrence to the CNDDB. If necessary, the biologist will report the occurrence to CDFW and/or USFWS

Project-Related Mortality and/or Nest Abandonment of Migratory Birds, Raptors, and Special Status Birds

BIO-3 (Avoidance): The project’s construction activities will occur, if feasible, between September 16 and January 31 (outside of the nesting bird season) to avoid impacts to nesting birds.

September 16 to January 31

Once City of Visalia

BIO-4 (Pre-construction Surveys): If activities must occur within nesting bird season (February 1 to September 15), a “qualified biologist”(someone who is familiar with bird identification and nesting bird surveys) will conduct a pre-construction survey for Swainson’s hawk nests onsite and within a 0.5-mile radius within 5 calendar days prior to the start of construction. This survey will be conducted in accordance with the Recommended Timing and Methodology for Swainson's Hawk Nesting Surveys in California's Central Valley (Swainson's Hawk Technical Advisory Committee 2000), or current guidance. The Swainson’s hawk survey will not be completed between April 21 to June 10 due to the difficulty of identifying nests during this time of year. The survey would also include inspecting for nesting migratory birds within the APE and up to 50 feet outside of the APE, and for other nesting raptors within and up to 450 feet outside of the APE. All raptor nests would be considered “active” upon the nest-building stage. If no active nests are observed, no further mitigation is required.

Prior to construction activities

Once, as determined by qualified biologist prior to construction

BIO-5 (Avoidance Buffers): On discovery of any active nests or breeding colonies near work areas, a “qualified biologist” will

On discovery of any active nests or

Once, as determined

When Monitoring is to Occur

Frequency of

Monitoring

Agency Responsible for Monitoring

Method to Verify

Compliance

Verification of

Compliance determine appropriate avoidance buffer distances based on applicable CDFW and/or USFWS guidelines, the biology of the species, conditions of the nest(s), and the level of project disturbance. If necessary, avoidance buffers will be identified with flagging, fencing, or other easily visible means, and will be maintained until the biologist has determined that the nestlings have fledged.

breeding colonies near work areas by qualified biologist prior to construction activities

BIO-6 (Consultation with CDFW): In the event an active Swainson’s hawk nest is detected within or adjacent to the APE and an appropriate avoidance buffer cannot be implemented, CDFW will be consulted to determine how to protect the nest so the Project may proceed.

On discovery of active Swainson’s hawk nests are detected

Once, as determined by qualified biologist prior to construction

Project-Related Mortality and/or Disturbance to Burrowing Owl

BIO-7 (Pre-construction Take Avoidance Survey): A “qualified biologist” (someone who is familiar with species identification and their sign, and habitat use) will conduct a pre-construction take avoidance survey for BUOW and suitable burrows, in accordance with CDFW’s Staff Report on Burrowing Owl Mitigation (2012), within seven (7) days prior to the start of construction activities. The survey shall include the proposed work area and surrounding lands up to 500 feet.

If no BUOW individuals or active burrows are observed, no further mitigation is required. If construction is hauled for (7) consecutive days another pre-activity survey shall be completed.

7 days prior to construction

Once, as determined by qualified biologist prior to construction

BIO-8 (Avoidance): If an active BUOW burrow is detected, the occurrence will be reported to the California Natural Diversity Database, and avoidance buffers shall be implemented. A “qualified biologist” will determine appropriate avoidance buffer distances based on applicable CDFW and/or USFWS guidelines, the biology of the species, conditions of the burrow(s), and the level of project disturbance. If necessary, avoidance buffers will be identified with flagging, fencing, or other easily visible means, and will be maintained until the

Upon discovery of BUOW burrow

Once, as determined by qualified biologist during construction

When Monitoring is to Occur

Frequency of

Monitoring

Agency Responsible for Monitoring

Method to Verify

Compliance

Verification of

Compliance biologist has determined that the nestlings have fledged and all BUOW have left the Project area.

BIO-9 (Passive Relocation): If an active BUOW burrow is detected within the proposed work area and cannot be avoided, it is recommended the Project obtain an Incidental Take Permit (ITP) in order to implement a passive relocation plan. Passive relocation will occur during the non-breeding season (September 1 through January 31) or during the breeding season (February 1 through August 31) if a “qualified biologist” determines that there are no young in the burrow.

A “qualified biologist” will prepare the passive relocation plan that would detail the methods to be used. It would include the tools to exclude the BUOW from its burrow (i.e., one-way doors or other devices) and excavate the burrow (hand tools and machinery, if needed)

September 1 to January 31 or February 1 to

August 31

Once, as determined by qualified biologist during construction

Project-Related Mortality and/or Disturbance of Maternity Roosting Bats and Special Status Bats

BIO-10 (Focused Surveys): Within seven days prior to the start of construction activities focused surveys will be conducted by a “qualified biologist” (someone who is familiar with the roosting behavior and habitat of the species and can identify the species sign). They will include a daytime roost survey and dusk emergence survey. The daytime roost survey will include surveying for roosting bats within potentially suitable structures (i.e., oak trees and bridges) within and adjacent to each APE, where accessible.

The dusk emergence survey will include surveying for emerging bats at areas where bat sign or likely bat roost areas were observed during the daytime roost survey. It should be conducted on a warm night during dry weather conditions and from approximately 15 minutes before sunset to 1 hour after sunset. If no roosting bats are discovered tree or branch removal must be completed within two days.

Within seven days prior to the start of construction activities

Once, as determined by qualified biologist during construction

BIO-11 (Avoidance Buffers): Should any active bat roosts be observed during the focused surveys, a “qualified biologist” will determine appropriate avoidance buffers (i.e., construction setback distances) based on the biology of the species, Upon discovery of any active maternity roosts

Once, as determined by qualified biologist

When Monitoring is to Occur

Frequency of

Monitoring

Agency Responsible for Monitoring

Method to Verify

Compliance

Verification of

Compliance conditions of the roost(s), and the level of project disturbance, if appropriate. If necessary, avoidance buffers will be identified with flagging, fencing, or other easily visible means, and will be maintained until the biologist has determined that the roost will no longer be impacted by construction.

during construction activities

BIO-12 (Eviction): If avoidance buffers are not feasible and it has been determined by a “qualified biologist” that the bats are no longer raising their young or are overwintering, the bats may be evicted. An eviction plan will first be prepared by a “qualified biologist” that identifies the materials and methods that will be used to safely evict the bats.

During construction activities

Once, as determined by qualified biologist during construction

Project-Related Mortality and/or Disturbance to San Joaquin Kit Fox

BIO-13 (Pre-Construction Survey): Within fourteen (14) days prior to the start of construction a “qualified biologist” will conduct a pre-construction survey for San Joaquin kit fox will be conducted on and within 200 feet of proposed work areas.

Within fourteen

(14) days prior to the start of construction

Once, as determined by qualified biologist during construction

BIO-14 (Establish Buffers): On discovery of any SJKF dens near the project area a “qualified biologist” (someone familiar with the identification and sign of this species) will determine appropriate construction setback distances (buffer zones) based on applicable CDFW and/or USFWS guidelines (see below). If needed, construction buffers will be identified with flagging, fencing, or other easily visible means. They will be maintained until the biologist has determined that the den will no longer be impacted by construction.

1. At least 100 feet around den(s);

2. At least 200 feet around natal dens (which SJKF young are reared); and

3. At least 500 feet around any natal dens with pups

(except for any portions of the buffer zone that is already fully developed.

Upon discovery of any SJKF dens

Once, as determined by qualified biologist during construction

When Monitoring is to Occur

Frequency of

Monitoring

Agency Responsible for Monitoring

Method to Verify

Compliance

Verification of

Compliance BIO-15 (Avoidance and Minimization): The project will observe all avoidance and minimization measures during construction and on-going operational activities as required by the “qualified biologist” and the USFWS’s Standardized Recommendations for Protection of the San Joaquin Kit Fox Prior to or During Ground Disturbance (2011), including, but not limited to: maintaining buffer zones, construction speed limits, covering of pipes, installation of escape structures, restriction of herbicide and rodenticide use, proper disposal of food items and trash, prohibition of pets and firearms, and completion of an employee education program (see BIO-1).

During construction activities and operation

As determined by qualified biologist during construction

Project-Related Mortality and/or Disturbance to American Badger

BIO-16 (Pre-construction Take Avoidance Survey): A “qualified biologist” (someone familiar with the identification and sign of this species) will conduct a pre-construction survey of project areas within seven (7) days prior to vegetation clearing or ground disturbing activities. The goal of this survey is to search for potential badger dens.

Seven days prior to vegetation clearing or ground disturbing activities

Once, as determined by qualified biologist during construction

BIO-17 (Remote Cameras): If potential dens for American badger are detected during the pre-construction survey, each potential den will be monitored with remote cameras for a period of three consecutive nights. If there is no activity at the den location recorded for three consecutive nights, the den can be deemed “inactive” or “unoccupied” and closed or excavated.

Upon discovery of potential American

Badger dens

Once, as determined by qualified biologist during construction

BIO-18 (Den Avoidance): If an American badger is denning on or within 50 feet of the project site, the project proponent shall avoid the den by a minimum 50-foot buffer.

Upon discovery of denning

Once, as determined by qualified biologist during construction

BIO-19 (Eviction and Den Excavation): If an American badger is denning on or within 50 feet of the project site and it cannot be avoided, the badger may be evicted, and the den excavated outside of the natal season (generally March 15 –

March 15 to June 15

Once, as determined by qualified biologist

When Monitoring is to Occur

Frequency of

Monitoring

Agency Responsible for Monitoring

Method to Verify

Compliance

Verification of

Compliance June 15) or if it is determined that there are no kits in the den.

Prior to the planned eviction and den excavation, a remote camera will be placed at the den entrance for a minimum of three consecutive nights to record the general time when the badger leaves the den. If it is outside of the natal season or it is determined by a “qualified biologist” that there are no “kits” present in the den the badger will be evicted from the den and the den excavated by hand, with the assistance of machinery, after it has left the den for that night. Should any “kits” be discovered during the excavation the work will stop and the crew will leave the site immediately so the female can rescue her kits and relocate them.

during construction activities

Cultural Resources

CUL-1 In the event that previously unidentified archaeological remains are encountered during development or ground-moving activities in the APE, all work should be halted until a qualified archaeologist can identify the discovery and assess its significance. In the event of accidental discovery of unidentified archaeological remains during development or ground-moving activities in the APE, all work shall be halted in the immediate vicinity until a qualified archaeologist can identify the discovery and assess its significance.

During construction

Continuously City of Visalia

CUL-2 If human remains are uncovered during construction, the Tulare County Coroner is to be notified to investigate the remains and arrange proper treatment and disposition. If the remains are identified on the basis of archaeological context, age, cultural associations, or biological traits to be those of a Native American, California Health and Safety Code 7050.5 and PRC 5097.98 require that the coroner notify the NAHC within 24 hours of discovery. The NAHC will then identify the Most Likely Descendent who will be afforded an opportunity to make recommendations regarding the treatment and disposition of the remains.

Upon discovery of human remains

Continuously Applicant/Contractor

Tribal Cultural Resources

See CUL-1 and CUL-2 above.