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b.if active burrows occupied by burrowing owls are observed during surveys and can be avoided by construction activities the following measures shall be implemented' I.During the breeding season(i.e.,February It hrouOin August 31),occupied burrows shall not be disturbed.Minimum setbacks shall be established from occupied burrows shall be 200 m(656 ft)for low disturbance levels,and 500 m [1640 ft)for medium and high disturbance levels. ii.During the nonbleeding season(September 1 through January 31)occupied burrows shall not be disturbed.Minimum setbacks from occupied burrows shall be 50 m(164 ft)for low disturbance levels,100 m(328 ft)for medium disturbance levels and 540 m 11540 ft)for high disturbance levels. iii.Asethark shall be established and maintained during the nesting season for the period encompassing nest building and continuing until fledglings leave nests. iv_This setback applies whenever construction or other grnund-d€sturbing activities must begin during the nesting season in the presence of nests that are known to be occupied.Setbacks shall be marked by brightly colored temporary fencing. v.The qualified i Est shall serve as a biological monitor during those periods when construction activities occur near active nest areas to ensure that no Inadvertent Impacts on these nests occur-The qualified biologist will have stop work authority in the event construction activities result In disturbance to an active nest. c.If active burrows occupied by burrowing owls are observed during surveys and cannot be avoided by construction activities the following measures shall be implemented: i.A qualified biologist will develop an exclusion plan in coordination with the TAC and Ci Burrow exclusion is a technique of installing oneway doors In burrow openings during the non-breeding season to temlporariEy exclude burrowing owls,or permanently exclude burrowing owls and close burrows after verifying burrows are empty by site monitoring and scoping_ ii.Ouringthe non-breeding season(September 1 through January 31)burrowing owls occupong the project site may be evicted from the protect site by passive relocation as described bythe(Ci{2012). iii.Burrow exclusion and ctesure is not permitted duringthe breeding season. 5.Loggerhead Shrike.Loggerhead shrike have the potential to be present and foraging and/or nesting in the project area.Participation in the SJMISCP affords the project proponent Incidental Take authorization for loggerhead shrike pursuantto CEQA.As outlined in the SiMSCP,the fallowing incidental take avoidance measures shall be followed a.Prior to the initiation of ground Clearing,grubbing,grading or excavation activities,a scheduled to occur during the breeding season(Ce.,February 1 —August 31),preconstruction surveyshall be performed by a qualified biologist. If there}s a break 1 n can si ruction activities of m ore than 7 days during the nesting season a new preconstruction survey must be conducted. b.A setback of 100 feet from loggerhead shrike nest sites shall he estahlished and maintained during the nesting season(i.e.,February 1 to August 31)for the period encompassing nest building and continuing until flecl8lili leave nests. This setback applies whenever construction or other ground-disturbing activities must begin during the nesting season in the presence of nests that are known to be occupied.Setbacks shall be marked by brightly colored temporary fencing.