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4.2 – Biological Resources Draft Environmental Impact Report February 2021 14800 W. Schulte Road Logistics Center 4.2-13 • During the breeding season (February 1 through August 31), any occupied burrows shall not be disturbed and shall be provided with a 75-meter protective buffer until and unless the Technical Advisory Committee (TAC), with the concurrence of the Permitting Agencies (representatives on the TAC), or unless a qualified biologist approved by the Permitting Agencies, verifies through non-invasive 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. Once the fledglings are capable of independent survival, a Burrowing Owl Exclusion Plan shall be developed and approved by the applicable Department of Fish and Wildlife San Joaquin Multi-Species Habitat Conservation and Open Space Plan (SJMSCP) representative/office, and habitat shall be mitigated in accordance with the Staff Report (CDFW 2012), then the burrow can be destroyed. Pre-construction surveys following destruction of burrows and prior to initial construction activities are required (24 hours prior) to ensure owls do not re-colonize the Project site. If Project activities are delayed or suspended for more than 15 days during the breeding season, surveys shall be repeated. • During the non-breeding season (September 1 through January 31), burrowing owls may be evicted after a Burrowing Owl Exclusion Plan is developed and approved by the applicable Department of Fish and Wildlife SJMSCP representative/office and habitat is mitigated in accordance with the Staff Report (CDFW 2012). Pre-construction surveys following destruction of burrows and prior to initial construction activities are required (24 hours prior) to ensure owls do not re-colonize the Project site. If owls are found within 50 meters of the Project site, it is recommended that visual screens or other measures are implemented to limit disturbance of the owls without evicting them from the occupied burrows. MM-BIO-2 Avoid and Minimize Impacts to Native and Migratory Nesting Birds . Mitigation measures identified in the Incidental Take Minimization Measures (ITMM) document (SJCOG 2020) shall be implemented to avoid and minimize impacts to native and migratory nesting birds . In the event that the San Joaquin Multi-Species Habitat Conser vation and Open Space Plan is not used to mitigate species impacts, the following measures , similar to those included in the ITMM document , shall be implemented. • Pre-construction nesting bird surveys shall be conducted no greater than 14 days prior to commencement of construction activities (including ground disturbance or vegetation removal), if Project activities must commence during the nesting bird season (February 1 through September 15). • If an active bird nest is detected during pre-construction surveys or at any other time during Project construction, appropriate disturbance avoidance buffers shall be established by a qualified biologist. Nest avoidance buffers shall be a minimum of 100 feet surrounding an active nest, but vary depending on species and site-specific circumstances. Avoidance buffers for state or federally listed special-status species are typically 500 feet. Construction activities shall not be permitted within any established nest buffer until the nest is determined by a qualified biologist to be inactive. • All vegetation removal, trimming, and grading of vegetated areas shall occur outside of the peak bird breeding season to the maximum extent practicable. Available resources, such as internet-based tools (e.g., the U.S. Fish and Wildlife Service’s Information, Planning and Conservation system and Avian Knowledge Network) shall be used to identify peak breeding