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in the Central Valley primarily during their breeding season, a population is known to winter in the San Joaquin Valley. The Migratory Bird Treaty Act and the California Fish and Game Code protect Swainson's hawks year-round, as well as their nests during the nesting season (March 1 through September 15). There is a record of Swainson's hawk within a cluster of trees just southwest of the site, west of Pock Lane. This record mentions two large stick nests and a successful fledgling in 2007. • Burrowing Owl. Burrowing owl is designated a State Species of Concern. They are year-long residents that inhabit a variety of grasslands as well as scrub lands that have a low density of trees and shrubs with low growing vegetation; burrowing owls that nest in the Central Valley may winter elsewhere. The primary habitat requirement of the burrowing owl is small mammal burrows for nesting, usually in abandoned ground squirrel burrows. The Migratory Bird Treaty Act and California Fish and Game Code protect burrowing owls year- round, as well as their nests during the nesting season (February 1 through August 31). A few ground squirrel burrows were observed along the edges of the project site, and there is a record of burrowing owl within 0.5 miles of the site. • White-Tailed Kite. White-tailed kite is designated a Fully Protected Species. White-tailed kites can be found in a variety of habitats across California, including grasslands, open woodlands, riparian areas, marshes, and cultivated fields. This species may nest in trees in or near the site and may forage in grasslands in and adjacent to the site. Nesting usually commences in the early spring, and most young fledge by early-July. The Migratory Bird Treaty Act and Fish and Game Code protect white-tailed kite year-round, as well as their nests during nesting season. No white-tailed kites were observed on the project site, but there is a record of this species being within one mile of the site. The SJMSCP identifies Incidental Take Minimization Measures for all three species. These will include pre-construction surveys for nesting Swainson's hawks within 0.5 miles of the site for construction activities between March 1 and September 15, pre- construction surveys for nesting burrowing owls within 250 feet of the site for construction activities commencing from February 1 through August 31, and pre- construction surveys for nesting white-tailed kites within 100 feet of the site for construction activities during the nesting season. A project that complies with the SJMSCP and its Incidental Take Minimization Measures can be deemed to result in biological resource impacts that are less than significant for CEQA purposes. Implementation of the mitigation measure below would reduce potential impacts on special-status species to a level that would be less than significant. Level of Significance: Potentially significant Mitigation Measures: BIO-1: The developer shall apply to the San Joaquin Council of Governments (SJCOG) for coverage under the San Joaquin County Multi-Species Pock Lane Public Review Draft IS/MND 3-21 May 2022