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4 Environmental Analysis 4.4 Biological Resources as a 250-foot setback. If verified, conduct a site visit with USFWS to inspect the unique characteristics of the area to be developed to request approval to reduce the setback to be less than 250 feet. If approved, ensure activities inconsistent with the maintenance of the ephemeral pond within the approved setback are prohibited, per Section 5.5.9 of SJMSCP. This option provides an alternative mitigation approach which allows complete avoidance of SJMSCP Covered Species and habitats through the implementation of the measures established in Section 5.5.9. Under this scenario, compensation is not required as long as the Section 5.5.9 measures are followed. 4. If pre-construction surveys are found to be prohibitively expensive or result in Project delays and a setback less than 250 feet is not feasible, assume presence of longhorn fairy shrimp and vernal pool fairy shrimp and pay compensatory mitigation in accordance with the mitigation ratios and requirements in the SJMSCP. Burrowing Owl This species is covered under the SJMSCP. The following measure would be implemented in accordance with the SJMSCP (see Section 5.2.4.15) and as best management practices to mitigate impacts: A qualified biologist shall conduct preconstruction surveys prior to (or, for some Incidental Take Minimization Measures, during) ground-disturbing activities to determine if SJMSCP Covered Species are present and/or verify that the appropriate Incidental Take Minimization Measures have been implemented, as specified in the conditions of Project approval (see SJMSCP, Section 5.2.2.1b). Specifically, the Project owner shall have preconstruction surveys performed no less than 14 days prior to the initiation of equipment staging or ground disturbing activities (e.g., vegetation clearing or grading) and again within 24 hours prior to these activities. A qualified biologist shall conduct preconstruction surveys on the area to be developed and 150 meters around the area to be developed (access permitting) in areas with suitable burrowing habitat to locate any active breeding or wintering BUOW burrows. The survey methodology shall be consistent with the Take Avoidance Survey methods outlined in the CDFW (2012) Staff Report on Burrowing Owl Mitigation and shall consist of walking parallel transects 7 to 20 meters apart, noting any potential burrows with fresh BUOW sign or presence of BUOWs, and visiting potential burrows during the time of day described in the protocol. If the work activity halts for a period of 7 days or more, the survey would need to be conducted again prior to the continuation of site activities. Copies of the survey results shall be submitted to the CDFW. If BUOWs are found during the preconstruction surveys, the following measures shall be implemented. Buffer distances may be modified based on the judgement of a qualified biologist, in coordination with CDFW, USFWS, and SJCOG. 0o If BUOWs are detected on the area to be developed or within 150 meters during the breeding season (February 1 to August 31) or non-breeding (winter) season, no ground disturbing activities, such as vegetation clearance, grading, or equipment staging, shall be permitted within 75 meters of the occupied burrow until and unless the TAC,with the concurrence of the Permitting Agencies' representatives on the TAC, or unless a qualified biologist approved by the Permitting Agencies verifies through non-invasive means that either 1) the birds have not begun egg laying, or 2)juveniles from the occupied burrows are foraging independently and capable of independent Griffith Energy Storage Project 4.4-42 Tetra Tech/SCH 2022120675 Draft Environmental Impact Report August 2023