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2. If Project activities are delayed or suspended for more than 15 days during <br /> the breeding season, surveys will be repeated. <br /> B. Non-breeding season (September 1 through .January 31): Pre-construction surveys <br /> following the Staff Report on Burrowing Owls (CDFG 2012) will be performed prior (no <br /> less than 14-days and again 24-hours prior) to initial ground disturbance activities. <br /> Burrowing owls may be evicted after a Burrowing Owl Exclusion Plan is developed and <br /> approved by the applicable Department of Fish and Wildlife SJMSCP <br /> representative/office and habitat is mitigated in accordance with the Staff Report <br /> (CDFG 2012). <br /> Pre-construction surveys following destruction of burrows and prior to initial <br /> construction activities are required (24-hours prior) to ensure owls do not re-colonize <br /> the Project Area. If owls are found within 50 meters of the Project Area, it is <br /> recommended that visual screens or other measures are implemented to limit <br /> disturbance of the owls without evicting them from the occupied burrows. <br /> MBTA Compliance: <br /> Listed below are effective measures that should be employed at all project development sites <br /> nationwide with the goal of reducing impacts to birds and their habitats. A qualified biologist will <br /> be required to be on site as a biological monitor during these activities. These measures are <br /> grouped into three categories: General, Habitat Protection, and Stressor Management. These <br /> measures may be updated through time. We recommend checking the MBTA Conservation <br /> Measures website regularly for the most up-to-date list. <br /> 1. General Measures <br /> a. Educate all employees, contractors, and/or site visitors of relevant rules and <br /> regulations that protect wildlife. See the Service webpage on Regulations and <br /> Policies for more information on regulations that protect migratory birds. <br /> b. Prior to removal of an inactive nest, ensure that the nest is not protected under the <br /> Endangered Species Act(ESA) or the Bald and Golden Eagle Protection Act <br /> (BGEPA). Nests protected under ESA or BGEPA cannot be removed without a valid <br /> permit. <br /> i. See the Service Nest Destruction Policy <br /> c. Do not collect birds (live or dead) or their parts (e.g., feathers) or nests without a valid <br /> permit. Please visit the Service permits gage for more information on permits and <br /> permit applications. <br /> d. Provide enclosed solid waste receptacles at all project areas, Non-hazardous solid <br /> waste (trash) would be collected and deposited in the on-site receptacles. Solid waste <br /> would be collected and disposed of by a local waste disposal contractor. For more <br /> information about solid waste and how to properly dispose of it, see the EPA Non- <br /> Hazardous Waste website. <br /> e. Report any incidental take of a migratory bird, to the local Service Office of Law <br /> Enforcement. <br /> f. Consult and follow applicable Service industry guidance. <br /> 2. Habitat Protection <br /> a. Minimize project creep by clearly delineating and maintaining project <br /> boundaries (including staging areas). <br /> 0 Page 5 <br />