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Page 92 Fi, Guidelines(BOC 1993). If burrowing owls are observed during surveys,the extent of burrowing owl habitat on the project site would be delineated by a qualified ornithologist. Avoidance and mitigation would be pursuant to new guidelines provided by CDFG and/or as specified by the Fi SJMSCP. These guidelines were published by Ms. C_ Bean, CDFG's Environmental Services Division,in the July 1998 issue of The Wandering Tattler,the newsletter of the San Francisco F . Bay Area Chapter of the Wildlife Society. Avoidance and mitigation policies are described below. (b) If the project sponsor elects not to participate in the SJMSCP,thea mitigation measures shall be implemented as noted below. • Impacts to burrowing owl individuals or nest sites during the breeding season(February I to August 31)are considered"take"by CDFG. If there are construction activities proposed 'during the owl breeding season,and if burrowing owls are observed on or within 250 feet of f the project site during pre-construction surveys,a 250-foot protective buffer would be s established around the owls. The buffer would be protected by placement of a barrier (construction fence)that would remain in place for the duration of the breeding season. If the burrowing owl habitat would be implemented by the project,and it would be necessary to r relocate owls,a burrowing owl habitat mitigation plan would also be prepared and submitted y to CDFG. A Mitigation Agreement(MA)that would legally bind the applicant to the conditions of the mitigation plan should be executed between CDFG and the applicant. • The mitigation plan should identify the mitigation site and any activities necessary to enhance the site,including the construction of artificial burrows. The plan should also include a description of monitoring and management methods proposed at the mitigation site. t Monitoring and management of any lands identified for mitigation purposes should be the responsibility of the applicant for five years. An annual report should be prepared for submittal to CDFG and the lead agency by December 31 of each year. Contingency measures for any anticipated problems should be identified in the plan(taken from Biological Impacts and Mitigations Proposed BNSF Intermodal Facility, Stockton, California, March 23, 1999). • Avoidance is required by CDFG so that"take"of individual burrowing owls and their nest sites does not occur.If burrowing owls are found nesting on the project site,they should be avoided between February 1 and August 31. In addition,the applicant should provide a 1:1 j `, acreage replacement ratio to off set permanent impacts to burrowing owl habitat. band F identified to off-set impacts to burrowing owls should be protected in perpetuity either by a conservation easement or fee title transfer of ownership to a conservation organization. (c) If the project sponsor elects to mitigate in accordance with the SJMSCP,then the JPA may fund and conduct pre-construction surveys to prevent direct take of individuals or nests. Pre- F" construction surveys should be conducted within 30 days prior to ground disturbance. These actions would reduce any significant adverse impacts to burrowing owl to a level considered less than significant. This mitigation option would also reduce impacts to this species habitat to a F-1 level considered less than significant by including pre-construction surveys in combination with payment of SJMSCP fees. In addition,methods to prevent occupation of the site by burrowing owls during construction should be employed,consistent with the guidelines in the SJMSCP. F. These methods include installation of one-way doors in occupied burrows,maintaining vegetation cover that discourages burrowing ground squirrels,disking to destroy burrows,or control of ground squirrel populations. l _ GRA,';S=I ENVIRONMENTAL CONSULTING F