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Page 91 U western mastiff bat is identified in any of the trees proposed for removal,reproductive status should be determined. (b) Maternity sites should be avoided until bats finish rearing young. Prior to the bats finishing rearing their young,bat roosts/maternal"bat houses"should be placed within a protected area in the vicinity of the roosting/matemity sites if possible. As soon as young are flying and foraging, the maternity sites should be sealed. Similarly,once bat houses are installed in protected areas, bats should be evicted from their roost sites within the project construction zone(i.e.,should be evicted from the trees to be removed)(taken from Biological Impacts and Mitigations Proposed BNSF Intermodal Facility, Stockton, California,March 23, 1999). Removal of roost sites should occur during dusk or evening after bats have left the sites unless otherwise approved. These measures are consistent with the SJMSCP. (c) Pre-construction surveys would prevent direct take of individuals or maternity sites. No immediate replacement of roosting habitat has been proposed. If a maternity roost or occupied roost is detected during pre-construction surveys,the SJMSCP JPA shall provide adequate replacement for loss of occupied habitat should be designed and implemented with input from CDFG. implementation of these mitigation measures would reduce impacts to levels considered less than significant Impact F.15. Implementation of the project could result in significant adverse impacts to burrowing owls if burrowing owls are present in the areas of suitable habitat. The burrowing owl is a formerly listed federal Species of Concern and a State Species of Special. Concern. The burrowing owl is also protected under the Migratory Bird Treaty Act and State Fish and Game Codes(§3503, §3503.5,and§3800). Potential impacts to this species from the proposed project include loss of foraging and potential breeding habitat and possible death of nesting birds and young. Ruderal non-native grassland habitats on the project site provide suitable habitat for burrowing owls(i.e., ground squirrel burrows). If burrowing owsurveys s are conducted and no burrowing owls are found,the project would not result in ey any significant adverse impacts to this owl species. No further consideration for these owls would be necessary. However,if burrowing owls are found on the project site,they should be avoided during the breeding season,and mitigation as stated below should be implemented. Surveys should be conducted to make sure that no burrowing owls would be impacted by implementation of the project and should be consistent with recommendations from the SJMSCP(Public Review Draft, September 23, 1999). Until surveys are completed that demonstrate absence of this owl species on the project site,impacts to burrowing owls from implementation of the proposed project are considered potentially significant and adverse. These impacts could be mitigated to levels considered less than significant. Mitigation Measure F.15. Implementation of the following mitigation would reduce impacts to burrowing owl to a level considered less than significant(the following text is taken from Biological Intermodal Facility,Stockton, California dated March 23, 1999, Impacts and Mitigations Proposed BNSF with some modifications based on the specifics of this project): (a) The project sponsors or the SJMSCP JPA should fund and conduct pre-construction protocol surveys for burrowing owls in all ruderal and non-native grassland habitats within the project site. Surveys should be conducted as recommended in the Staff Report on Burrowing Owl Mitigation (CDFG 1995)and as otherwise prescribed in the Burrowing Owl Survey Protocol and Mitigation GR4SSETT I F,NYMONMENTAL CONSULTING