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f Biological Resources, a MONK &ASSOCIATES Impacts and Mitigations Tracy Facility Expansion Site 14.9 Impact Number 5 -Northern Harrier Implementation of the project as proposed could result in impacts to the northern harrier. The northern harrier is a State`species of special concern. In addition, all birds of prey and their nests/ our protected by California Fish and Game Code §3503.5. It has no Federal status. Y, g are Northern harriers have been observed by M&A biologists hunting on the project site. -native annual grassland habitat provide Approximately 137 acres of the project site(non gran )p PP suitable nesting habitat for the northern harrier. Potential impacts to the northern harrier include death of nesting individuals, their eggs and/or young, and temporary loss(i.e., one to six years) of suitable nesting habitat. Nesting surveys for northern harriers have not been conducted on the project site. In the absence of nesting surveys confirming or negating this species' presence on the project site,it must be concluded that impacts to nesting northern harriers from the proposed project are potentially significant. However,mitigation could be implemented that would reduce this impact to a level considered less than significant. 14.10 Mitigation Measure 5-Northern Harrier 4 Implementation of the following mitigation should offset impacts to the northern harrier to a level considered less than significant. A nesting survey should be conducted in each mining area the spring prior to initiation of excavation in that particular area. For example, in the spring of the year 2000,nesting surveys should be conducted in Areas 1 and 2 prior to initiation of mining in those areas. In the year 2002, a spring nesting survey should be conducted in Area 3, and so on through all six mining phases. The nesting surveys should be.conducted by a qualified raptor biologist. If no northern harrier nests or other evidence suggesting there was a nesting attempt are found during these surveys,no significant adverse impacts would occur to northern harrier. If nesting northern harriers are found during surveys, the nest site must be protected until young fledge (leave the nest), or a qualified raptor biologists establishes that the nesting attempt failed. To protect the nest site and nesting attempt,no construction or other disturbance would be allowed any closer than 2,000 feet,or as otherwise determined by a raptor biologist. The raptor biologist could take into account natural buffers from disturbance such as topography in determining an acceptable buffer distance. After young fledge,work could resume in the nesting area. Adequate buffers during the nesting season and reclamation of the project site after completion of mining would reduce the project's impact to nesting northern harriers to a level considered less than significant. 14.11 Impact Number 6- Burrowing Owl Implementation of the project as proposed could result in impacts to the burrowing owl. The burrowing owl is a Federal species of concern and a State species of special concern. The burrowing owl,it nest,eggs, and young are also protected under California Fish and Gagne Code s i 31