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b. During the nonbreeding season (September 1 through,,,January 31), burrowing owls.occupying the project site shall be. evicted from the project site by passive relocation, as described.in the DFG's Staff Report on Burrowing Owls(DFG 1995): c. During the breeding season (February 1 through August 31),.occupied burrows shall 66.t be disturbed and,§hall be provided with a 25046dt'pr6tective buffer'until and unless,theTe'd6cal Advisory Committee, with the concureence:of the permitting agencies representatives;on.the Technical Advisory Committee, or a qualified biologist approved by the permit#ing agencies, verifies through noninvasive means that either(1)--the birds have not begun egg.laying or.(2) juveniles from' the occupied burrows are foraging independently and are capable of independent survival. After the fledglings are capable of independent survival;the burrow can be destroyed. (MM 4.10-5) Timing: The applicant shall submit a biologist's report of pre-construction surveys to the San Joaquin County Community Development Department (CDD) prior to the issuance of grading permits.for the project. 30. Conversion of Common Nesting Raptor Sites: Potential nest sites for all tree-nesting species are scattered throughout much of the College Park site, but are concentrated along Grant tine Road and at Grant Line Village. Suitable nesting habitat for northern harrier is provided by all field crop's and fallow fields. During the SJMSCP application process, SJCOG will determine whether that specific project site supports suitable nesting habitat. If SJCOG determines suitable habitat is present on or adjacent to a given project site, the SJMSCP incidental take avoidance and minimization measures described below for nesting raptors shall be implemented. Additional measures below shall be implemented to avoid loss of active nests of common raptor species, which are not covered under the SJMSCP but are protected under the California Fish and Game Code. The project applicants shall retain qualified biologists to conduct all pre-construction surveys. White-tailed Kite. If project construction begins during the nesting season (February 15—September 15), pre-construction surveys shall be conducted to investigate all potential nesting trees on the project site (e.g., especially tree-tops 15-59 feet above the ground in oak, willow, eucalyptus, cottonwood, or other deciduous trees), whenever white-tailed kites are noted on-site or within the vicinity of the site during the nesting season. A setback of 100 feet from white-tailed kite nesting areas shall be established and maintained during the nesting season for the period encompassing nest building and continuing until fledglings leave nests. This setback applies whenever construction or other ground-disturbing activities must begin during the nesting season in the presence of nests that are known to be occupied. Setbacks shall be marked by brightly colored temporary fencing. Northern Harrier. If project construction begins during the nesting season (February 15—August 31), pre-construction surveys shall be conducted during the nesting season in suitable nesting habitat within 500 feet of areas of project activity. The survey shall be conducted within the 2 weeks before construction begins. A setback of 500 feet from northern harrier nesting areas shall be established and maintained during the nesting season for the period encompassing nest building and continuing until fledglings leave nests. This setback applies whenever construction or other ground-disturbing activities must begin during the nesting season in the presence of nests that are known to be occupied. Setbacks shall be marked by brightly colored temporary fencing. Conditions of Approval - 8 - PA-0700093