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i i Ms.Alisa Goulart San Joaquin County Community Development Department February 11,2020 i Page 8 disturbance.Any impacts to burrowing owl and occupied burrows during the breeding season must be avoided.CDFW recommends that any burrows occupied during the non-breeding season by migratory or non-migratory resident burrowing owls also be avoided.CDFW recommends the IS/MND be revised to update the IS/MND with burrowing owl habitat assessment/survey results. If suitable burrowing owl nest sites are present within or adjacent to the Project area,then the IS/MND should include"take"avoidance and minimization measures for the owl.Please refer to the Staff Report,section on Mitigat/on Methods,on avoiding disturbance of occupied burrows through establishment of exclusion zones.Please be advised that CDFW does not consider exclusion of burrowing owls or"passive relocation"as a"take"avoidance,minimization or mitigation method,and considers exclusion as a significant impact.The long-term demographic consequences of exclusion techniques have not been thoroughly evaluated,and the survival rate of evicted or excluded owls is unknown.All possible avoidance and minimization measures should be considered before temporary or permanent exclusion and closure of burrows is implemented in order to avoid"lake,"While active relocation is not considered"take"avoidance, minimization,or mitigation,if avoiding impacts to burrowing owls Is not possible,active relocation of burrowing owls can be performed as a tool in conjunction with mitigation.Active relocation will require a relocation plan that includes owl banding,success criteria,long-term monitoring,management,and reporting in order to evaluate the success of this technique and determine the survival rate of relocated owls. To ensure impacts to burrowing owls are mitigated to less-ihan-significant,the IS/MND should incorporate specific and enforceable avoidance and minimization measures to avoid and minimize take of burrowing owls,eggs,chicks,and nesting and foraging habitat.These measures should include:a restricted work window;biological monitoring throughout the course of the Project;and inclusion of compensatory mitigation in the form of conserved lands for burrowing owl habitat impacts.At a minimum,mitigation ratios for these habitat impacts should be at 3:1 (conservation to loss)for permanent Impacts,and a 1:1 ratio for temporary impacts. Conserved lands for owls should Include presence of burrowing owls and ground squirrel burrows,well-drained soils,abundant and available prey within proximity to burrows,as well as foraging,wintering,and dispersal areas.The location of mitigation areas for burrowing owls should be approved by CDFW prior to the start of project-related activities.Conservation lands should be placed under a Conservation Easement with CDFW listed as a third-party beneficiary and an endowment should be funded for managing the lands for the benefit of the species in perpetuity.Additionally,a long-term management plan should be prepared and implemented by a land manager and approved by CDFW.The Grantee of the Conservation Easement should be an entity that has gone through the due diligence process for approval by CDFW to hold or manage conservation lands. Comment 8:Revision needed to mitigate Impacts to nesting birds to a level of less-than- significant Section IV.Biological Resources does not include nesting survey protocols or avoidance measures for nesting birds that may be utilizing the Project site prior to start of Project activities.