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Wintering season is considered to begin December 1 and end January 31. The conservation measures addressing both these time periods are listed below. Burrowing owls are transient and may move between sites between migration, wintering, and nesting. Burrowing owls exhibit high site fidelity; a site should be assumed occupied if a least one burrowing owl has been observed occupying a burrow there within the last three years (CDFG 1995). Conservation measures for the seasonal presence (e.g. nesting, wintering, migration, etc...)of the burrowing owl is described in the following paragraphs. Conservation Measures Document review indicates that the project site is within range of the burrowing owl. Numerous occurrences (seven) of burrowing owl are reported in the CNDDB from 1991-2001 within close proximity to the project site. Based on observations, it appears that the Site could provide suitable foraging and breeding habitat for the burrowing owl. No visible sign of burrowing owl was observed during the site visit on January 31, 2003. The following four protection measures to avoid impact to the burrowing owl will be incorporated into the project because burrowing owls are transient and there is a moderate to high potential for burrowing owl to occur in the project site vicinity: ® A qualified biologist will conduct a preconstruction survey within 30 days prior to project activities to determine if burrowing owls occupy habitat on or adjacent to the project site. The survey will follow protocol as outlined in the Burrowing Owl Survey Protocol and Mitigation Guidelines (California Burrowing Owl Consortium 1993). An additional survey will be required only if there is a cessation of field work for more than 30 days during the remediation activities. ® A written report as described in the Staff Report on Burrowing Owl Mitigation (CDFG 1995)shall be submitted to the CDFG upon survey completion. ® Impact avoidance shall be the preferred method of dealing with potential project impacts. No disturbance will occur within 50 meters (approximately 160 feet) of occupied burrows during the non-breeding season of September 1 through January 31 or within 75 meters (approximately 250 feet) during the breeding season of February 1 through August 31. Avoidance measures outlined by the CDFG (1995) also require that a minimum of 6.5 acres of foraging habitat be permanently preserved contiguous to occupied burrow sites for each pair of breeding owls (with or without dependent young) or single unpaired resident bird. ® If disturbance is unavoidable, the following conservation measures shall be followed: • Occupied burrows should not be disturbed during the nesting season (February 1 through August 31) unless a qualified biologist approved by the CDFG verifies through non-invasive measures that either: 1)the birds have not begun egglaying and incubation; or 2)that juveniles from the occupied burrows are foraging independently and are capable of independent survival. • Avoidance measures outlined by the CDFG (1995)also require that a minimum of 6.5 acres of foraging habitat be permanently preserved contiguous to occupied burrow sites for each pair of breeding owls (with or without dependent young) or single unpaired resident bird. Preservation of contiguous habitat is presumed because the end result of this project is restored open space. is