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4 Environmental Analysis <br /> 4.4 Biological Resources <br /> survival. Once the fledglings are capable of independent survival, the burrow can be <br /> destroyed per Section 5.2.4.15 of the SJMSCP. <br /> oo If avoidance of occupied burrows is infeasible during the non-breeding season <br /> (September 1 to January 31) or during the breeding season (February 1 to August 31) <br /> where resident BUOWs have not yet begun egg laying or incubation or where the <br /> juveniles are foraging independently and capable of independent survival, a qualified <br /> biologist shall implement a passive relocation program in accordance with the CDFW <br /> (2012) Staff Report on Burrowing Owl Mitigation. If passive relocation is anticipated <br /> due to on-site BUOW populations, a Burrowing Owl Exclusion Plan in accordance with <br /> CDFW Staff Report on Burrowing Owl Mitigation would be prepared by a qualified <br /> biologist prior to passive relocation activities. <br /> Swainson's Hawk <br /> This species is covered under the SJMSCP but is not a focal species in the EACCS (see Section <br /> 5.2.4.11). Participation in the SJMSCP affords the Project applicant Incidental Take authorization <br /> for Swainson's hawk pursuant to ESA, CESA, and CEQA. The following measure would be <br /> implemented in accordance with the SJMSCP to mitigate impacts in all Project areas: <br /> The Project owner has the option of retaining known or potential Swainson's hawk nest <br /> trees (i.e., trees that hawks are known to have nested in within the past 3 years or trees <br /> that the hawks prefer for nesting) or removing the nest trees. Trees occur on the Project <br /> site in residential areas but do not occur within the area to be developed. If trees are <br /> retained, the following applies: <br /> oo If construction (i.e., equipment staging, vegetation removal, or ground disturbance) is <br /> scheduled to commence outside of the Swainson's hawk nesting season (September <br /> 1 to February 15), no preconstruction surveys are required. During the nesting season <br /> (February 16 to August 31), a qualified biologist shall conduct preconstruction surveys <br /> for nesting Swainson's hawk within the area to be developed and at any potential <br /> nesting trees that are within a distance from the site of two times the dripline of the <br /> tree, and are accessible to survey. Surveys shall occur no more than 10 days prior to <br /> construction activities. <br /> co If a nest tree becomes occupied during construction activities, then all construction <br /> activities shall remain a distance of two times the dripline of the tree, measured from <br /> the nest. No construction within the buffer shall be allowed until the biologist has <br /> determined that the nest is no longer active (e.g., the nestlings have fledged and are <br /> no longer reliant on the nest), adult and juvenile Swainson's hawks have left the area, <br /> or the nesting season has ended. Encroachment into the buffer for Swainson's hawk <br /> must be authorized by the CDFW. <br /> White-tailed Kite <br /> This species is covered under the SJMSCP. The following measures would be implemented in <br /> accordance with the SJMSCP (see Section 5.2.4.19) to mitigate impacts: <br /> Prior to Project tree removal/pruning or ground-disturbing activities, such as grubbing, <br /> grading, or excavation during the nesting season (e.g., typically February 15 to September <br /> 15), a qualified biologist shall perform a preconstruction survey. All potential nesting trees <br /> on the area to be developed and within 100-feet of the area to be developed shall be <br /> surveyed. <br /> Griffith Energy Storage Project 4.4-43 Tetra Tech/SCH 2022120675 <br /> Draft Environmental Impact Report August 2023 <br />