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