Attachment D: Nesting Bird Survey

Attachment D: Nesting Bird Survey

MONK & ASSOCIATES Environmental Consultants June 23, 2010 Lamphier-Gregory 1944 Embarcadero Oakland, California 94606 Attention: Ms. Rebecca Gorton RE: Preconstruction Nesting Bird Survey 3131 North Main Street, Walnut Creek, California Dear Ms. Gorton: 1. INTRODUCTION This letter report has been prepared to present the results of Monk & Associates (M&A) nesting bird survey on an approximately 0.5-acre site located at 3131 North Main Street in Walnut Creek, California (herein referred to as project site) (Figures 1-3). An In & Out Burger restaurant is proposed to be constructed on the project site. The project site is located in an urban setting. Surrounding land uses include transportation corridors and commercial development to the north, east, and south; a residential development lies to the west. The project site is bordered to the west by a 7-foot concrete highway sound wall and a single-family home residential development; to the east by North Main Street and Highway 680; to the north by a parking lot (with approximately 75 spaces) and a Black Angus restaurant; and to the south by Oak Park Hills Chapel. The project site is 80 percent covered with asphalt parking lot and the Black Angus Restaurant occurs at the north end of the project site. Remaining areas inbetween structures and paving support ruderal (weedy) species that include a dominant cover of wild oat (Avena barbata). There are also a few, scattered landscape shrubs associated with buildings on or adjacent to the project site. A lone valley oak (Quercus agrifolia) that is approximately 24-inches DBH (diameter at breast height) is the only tree on the project site. Below, we present our survey methods and survey results. 2. METHODS A preconstruction nesting bird survey of the project site was conducted by M&A staff wildlife biologist, Mr. Brian Spirou, on June 15, 2010. Mr. Spirou has extensive avian nesting bird survey experience. Survey methods included walking east-west transects spaced 10 feet apart to examine the site for bird nests or nesting behavior. Mr. Spirou also extensively searched the large valley oak tree for nesting birds. The search of the oak tree included looking for both stick/grass nests, and for cavity nests. The project site was also examined for indirect evidence of nesting. Such evidence includes the presence of fresh white-wash (i.e., excrement) in a tree or on the ground near a burrow; adult molt feathers, and/or down or feathers from young and/or adults located in relatively high concentrations in the vicinity or entrance of a suitable burrow; and 1136 Saranap Ave., Suite Q Walnut Creek California 94595 (925) 947-4867 FAX (925) 947-1165

Burrowing Owl Survey Report Magnolia Park Phase 1 Project Site MONK & ASSOCIATES Page 2 evidence of kills (i.e., plucking posts and solitary kills) or pellet piles indicating use of a tree or locality by nesting raptors. 3. SURVEY RESULTS During the preconstruction nesting bird survey conducted on June 15, 2010 no inactive or active bird nests or indirect evidence of nesting was found. Owing to the highly urbanized setting, only a few wildlife species were observed on or within the zone of influence around the project site. The wildlife species observed on and immediately adjacent to the project site included Brewer s blackbird (Euphagus cyanocephalus), American crow (Corvus brachyrhynchos), house finch (Carpodacus mexicanus), house sparrow (Passer domesticus), and fox squirrel (Sciurus niger). These common wildlife species are all well adapted to living in highly urbanized areas. 4. CONCLUSIONS No nesting birds were detected on or within a zone influence around the project site. Similarly, there were no indirect indicators of avian nesting presence at the project site. Finally, M&A determined that there was no active nest in the valley oak tree, nor was there any evidence of nests from previous nesting seasons. In response to a comment that there could be nesting owls in the valley oak tree, M&A found no evidence that any raptor species (which include hawks and owls) are nesting or otherwise residing in the valley oak tree or anywhere else on the project site. Since the project site is extensively disturbed and surrounded by development, the project site provides marginal avian nesting opportunities. M&A concludes the high levels of development and human activity surrounding the project site in combination with the absence of suitable foraging habitat likely render the project site unsuitable nesting habitat for raptors (birds of prey). The negative findings of M&A s preconstruction survey yields no further restrictions for nesting birds at the 3131 North Main Street project site. Owing to the highly mobile nature of birds, it is recommended that if construction activities do not commence this summer and recommence after February 1 st in 2011, that these nesting bird surveys be completed once again. Should you have any questions, or wish to discuss any other aspect of this survey, please do not hesitate to call me at (925) 947-4867 extension 223. Sincerely, Brian Spirou Staff Biologist Attachment: Figures 1-3

MONK & ASSOCIATES Vallejo UV 29 680 780 Benicia Bay Point Hercules Pinole UV 4 Martinez Pittsburg Antioch 580 El Sobrante San Pablo Richmond El Cerrito Concord Pleasant Hill Walnut Creek Project Site Clayton Albany Berkeley Orinda Lafayette 680 Alamo 101 101 980 Piedmont Oakland Moraga DanvilleBlackhawk-Camino Tassajara 280 San Francisco Alameda UV 1 280 580 San Leandro Castro Valley Daly City Ashland Cherryland San Lorenzo South San Francisco San Ramon Dublin 680 Pleasanton UV 35 Pacifica 101 San Bruno Millbrae Burlingame UV 35 Hillsborough San Mateo Foster City Monk & Associates Environmental Consultants 1136 Saranap Avenue, Suite Q Walnut Creek, California 94595 (925) 947-4867 Belmont Hayward UV 238 Union City 880 Newark Fremont Miles 0 1.5 3 6 9 12 15 Figure 1. 3131 North Main Street Project Site Regional Map Pleasant Hill, California UV 84 UV 238 O County: Contra Costa Map Preparation Date: May 25, 2010

MONK & ASSOCIATES Project Site O Monk & Associates Environmental Consultants 1136 Saranap Avenue, Suite Q Walnut Creek, California 94595 (925) 947-4867 0 0.1 0.2 0.4 0.6 0.8 Figure 2. 3131 North Main Street Project Site Location Map Pleasant Hill, California Miles 1 7.5-Minute Walnut Creek quadrangle Topography Source: http://gis.ca.gov Map Preparation Date: May 25, 2010

MONK & ASSOCIATES Project Site Monk & Associates Environmental Consultants 1136 Saranap Avenue, Suite Q Walnut Creek, California 94595 (925) 947-4867 Feet 0 25 50 100 150 200 250 Figure 3. Aerial Photograph of the 3131 North Main Street Project Site Pleasant Hill, California O Map Preparation Date: May 25, 2010 Aerial Photograph Source: http://www.atlas.ca.gov