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Issue: The mature trees adjacent to the project site provide suitable foraging and nesting habitat to other migratory birds and raptors during the typical avian nesting season of February 1 to August 31. Ground disturbance and other construction activities could result in the take of migratory native bird species including: yellow-billed magpie (Pica nuttalli), purple martin (Progne subis), and loggerhead shrike (L.anius tudovicianus). Because suitable habitat is present onsite, the Project cause impacts to nesting birds. Recommendation or Recommended Mitigation Measure: CDFW recommends the applicant review and consider Fish and Game Code sections 3503, 3503.5, 3513, which provide protection to nongame birds, migratory birds, birds of prey, their nests and eggs. Because potential habitat for nesting birds and birds of prey may be present within the project area, the proposed project should disclose all future potential activities that may incur a direct or indirect take to nongame nesting birds within the project footprint and its close vicinity. CDFW recommends that the following Mitigation Measure be incorporated into the MND: Nesting Bird Survey. If project-related activities are scheduled between February 1 to August 31 (the typical nesting season), a focused survey for nests shall be conducted by a qualified biologist within no greater than fifteen (15) calendar days prior to the beginning of Project-related activities. A qualified biologist shall survey a minimum radius of 500-feet for migratory birds and 1/2-mile for raptors around the Project area that can be accessed by the project proponent. The results of the survey shall be provided to Calaveras Public Utility District upon completion. If no active nests are found, project activities may proceed as scheduled. Active Nests. If an active nest is found, active nests should be avoided, and a no disturbance or destruction buffer shall be determined and established by a qualified biologist. The buffer shall be kept in place until after the breeding nesting season or the qualified biologist confirms the young have fledged, are foraging independently, and the nest is no longer active for the season. The extent of these buffers shall be determined by the qualified biologist and will depend on the species present, the level of noise or construction disturbance, line of sight between the nest and the disturbance, ambient levels of noise and other disturbances, and other topographical or artificial barriers. Protect Delay. If a lapse in project-related work of fourteen (14) calendar days or longer occurs, the qualified biologist shall complete another focused survey before Project work can be reinitiated. Permittee Responsibility. It is the project proponent responsibility to comply with Fish and Game Code Sections 3503, 3603.5, and 3513, regardless of the time of year. COMMENT 3: Burrowing owl (Athene cunicularia). Issue: Upon review of aerial imagery (Google Earth) of the Project area CDFW observed potential foraging and nesting/burrowing habitat(open,dry,sparsely vegetated land potentially with burrows) within the current undeveloped lot proposed as the project site. The project site is an open grassland surrounded by urban and residential development that could potentially serve as suitable habitat for burrowing owl. A CNDDB query of the project site returned 20 burrowing owl observations within the 5-mile radius of the property. On October 10, 2024, the California Fish and Game Commission granted the western burrowing owls candidate species protections under CESA. The candidacy designation temporarily affords the burrowing owl broad CESA protections (including prohibitions against"take") throughout the entirety of California over the next 12-18 months while CDFW conducts 5