Common use of Burrowing Owl Clause in Contracts

Burrowing Owl. Permittee shall ensure that impacts to burrowing owls are avoided through the implementation of preconstruction surveys, ongoing monitoring, and if necessary, establishment of minimization and mitigation measures. 2.7.1 Prior to the initiation of Project activities addressed by this Agreement, Permittee shall conduct a burrowing owl habitat assessment. Surveys shall be conducted by Designated Biologist(s) knowledgeable of burrowing owl habitat, ecology, and field identification of the species and burrowing owl sign at the appropriate time of day/▇▇▇▇, during appropriate weather conditions, at least thirty (30) calendar days prior to the initiation of Project activities addressed by this Agreement. Burrowing owl habitat includes but is not limited to: short or sparse vegetation, presence of ▇▇▇▇▇▇▇, ▇▇▇▇▇▇ surrogates or presence of fossorial mammal dens, well-drained soils, and abundant and available prey. Vegetation may include native and non-native grassland, interstitial grassland with shrub lands, shrub lands with low diversity shrub cover, golf courses, drainage ditches, earthen berms, unpaved airfields, pasturelands, dairies, fallow fields, and agricultural use areas. Burrowing owls typically use ▇▇▇▇▇▇▇ made from fossorial mammals such as ground squirrels or badgers, and often manmade structures such as earthen berms, cement culverts, cement, asphalt, rock, or wood debris piles, or openings beneath cement or asphalt pavement. Survey duration shall take into consideration the size of the property, density and complexity of habitat, number of survey participants, survey techniques employed, and shall be sufficient to ensure data is collected and accurate. A report summarizing the results of the habitat assessment shall be submitted to CDFW, as described in Measure 4.4. 2.7.2 If the burrowing owl habitat assessment identifies burrowing owl habitat on site, Permittee shall have a qualified wildlife biologist pre-approved by CDFW perform a survey for burrowing owls within sixty (60) days and at least thirty (30) days prior to clearing any area. 2.7.3 If suitable burrowing owl habitat is found on site, Permittee shall have a qualified biologist, preapproved by CDFW, inspect all ▇▇▇▇▇▇▇ that exhibit typical characteristics of owl activity (such as owls themselves, ▇▇▇▇▇▇▇, and owl sign at ▇▇▇▇▇▇ entrances, including pellets, feces, or other “ornamentation”, feathers, prey remains, whitewash, etc.) no sooner than three (3) days prior to any site preparation activities. If it is evident that the ▇▇▇▇▇▇▇ are actively being used, Permittee shall not commence activities until no sign is present that the ▇▇▇▇▇▇▇ are being used by adults or juvenile owls. CDFW shall be notified in writing of detection of active ▇▇▇▇▇▇▇ within three (3) days. 2.7.4 Permittee shall submit the survey methodology and results within seven (7) days of completion and at least twenty-one (21) days prior to commencement of Project activities addressed by this Agreement. 2.7.5 If burrowing owls are observed within the Project site during Project implementation and construction, Permittee shall notify CDFW immediately in writing. Further, Permittee shall be responsible for implementing appropriate avoidance and mitigation measures, including habitat avoidance, passive or active relocation, or other appropriate mitigation measures. 2.7.6 If burrowing owls are detected on the Project site, a Burrowing Owl Mitigation and Monitoring Plan (BOMMP) shall be submitted to CDFW for review and approval prior to relocation of owls. The BOMMP shall describe the proposed relocation, monitoring, minimization, and mitigation actions. The BOMMP shall include the number and location of occupied ▇▇▇▇▇▇ sites and details on adjacent or nearby suitable habitat available to owls for relocation. If no suitable habitat is available nearby for relocation, details regarding the creation of artificial ▇▇▇▇▇▇▇ (numbers, location, and types of ▇▇▇▇▇▇▇) shall also be included in the BOMMP. As compensation for the scenario loss of burrowing owl nesting and foraging habitat, the BOMMP shall identify mitigation including acquisition and funding of the permanent protection for the loss of burrowing owl habitat. Permittee shall implement the BOMMP following CDFW review and approval.

Burrowing Owl. Permittee shall ensure that impacts to burrowing owls are avoided through the implementation of preconstruction surveys, ongoing monitoring, and if necessary, establishment of minimization and mitigation measures. 2.7.1 Prior to the initiation of Project activities addressed by this Agreement, Permittee shall have a Designated Biologist conduct a focused survey and burrowing owl habitat assessmentassessment consistent with the 2012 CDFW Staff Report for burrowing owl within the project area prior to the start of work. The 2012 CDFW Staff Report and survey protocol for burrowing owl can be found at: ▇▇▇▇▇://▇▇▇.▇▇▇.▇▇.▇▇▇/FileHandler.ashx?DocumentID=83843&inline. 2.12.1 Surveys shall be conducted by the Designated Biologist(s) Biologist knowledgeable of burrowing owl habitat, ecology, and field identification of the species and burrowing owl sign at the appropriate time of day/▇▇▇▇, during appropriate weather conditions, at least thirty (30) calendar days prior to the initiation of Project activities addressed by this Agreement. The assessment shall consist of walking the Project site to identify the presence of burrowing owl habitat. Burrowing owls use a variety of natural and modified habitats for nesting and foraging that is typically characterized by low growing vegetation. Burrowing owl habitat includes but is not limited to: , short or sparse vegetationvegetation (at least at some time of year), presence of ▇▇▇▇▇▇▇, ▇▇▇▇▇▇ surrogates or presence of fossorial mammal dens, well-drained soils, and abundant and available prey. Vegetation and features may include native and non-native grassland, interstitial grassland with shrub lands, shrub lands with low diversity density shrub cover, golf courses, drainage ditches, earthen berms, unpaved airfields, pasturelandspastureland, dairies, fallow fields, and agricultural use areas. Burrowing owls typically use ▇▇▇▇▇▇▇ made from fossorial (adapted for burrowing or digging) mammals such as ground squirrels or badgers, and often manmade structures such as earthen berms, ; cement culverts, ; cement, asphalt, rock, or wood debris piles, ; or openings beneath cement or asphalt pavement. Survey duration shall take into consideration the size of the property; density, density and complexity of the habitat, ; number of survey participants, ; survey techniques employed, ; and shall be sufficient to ensure the data collected is collected complete and accurate. A report summarizing the results of the habitat assessment Survey results, including negative findings, analysis, recommendations, and field notes shall be submitted to CDFWCDFW prior to the start of any Project activities, as described in Measure 4.4including staging and site preparation. 2.7.2 If the burrowing owl habitat assessment identifies burrowing owl habitat on site, Permittee shall have a qualified wildlife biologist pre-approved by CDFW perform a survey for burrowing owls within sixty (60) days and at least thirty (30) days prior to clearing any area. 2.7.3 2.12.2 If suitable burrowing owl habitat is found on site, Permittee shall have a qualified biologist, preapproved by CDFW, the Designated Biologist inspect all ▇▇▇▇▇▇▇ that exhibit typical characteristics of owl activity (such as owls themselves, ▇▇▇▇▇▇▇, and owl sign at ▇▇▇▇▇▇ entrances, including pellets, feces, feces or other “ornamentation”, ,” feathers, prey remains, whitewash, etc.) no sooner than three (3) 3 days prior to any site preparation activities. If it is evident that the ▇▇▇▇▇▇▇ are actively being used, Permittee shall not commence install a no- disturbance buffer no less than 160 feet around each ▇▇▇▇▇▇ during wintering months, 250 feet during breeding season, or alternatively delay Project activities until no sign is present that the ▇▇▇▇▇▇▇ are being used by adults adult or juvenile owls. CDFW shall be notified in writing of any detection of active ▇▇▇▇▇▇▇ within three (3) daysprior to the start of Project activities, including site preparation and staging. Notification over Email is acceptable. 2.7.4 Permittee shall submit the survey methodology and results within seven (7) days of completion and at least twenty-one (21) days prior to commencement of Project activities addressed by this Agreement. 2.7.5 2.12.3 If burrowing owls are observed within the Project site work area during Project implementation and constructionactivities, Permittee shall notify CDFW immediately in writingimmediately. Further, Permittee shall be responsible for implementing appropriate avoidance and mitigation measuresmeasures including, including but not limited to, habitat avoidance, passive or active relocationno-disturbance buffers, or other appropriate mitigation measures. 2.7.6 If burrowing owls are detected on the Project site, a Burrowing Owl Mitigation and Monitoring Plan (BOMMP) shall be submitted to CDFW for review and approval prior to relocation of owlsmeasures pre-approved by CDFW. The BOMMP Designated Biologist shall describe the proposed relocation, monitoring, minimization, and mitigation actions. The BOMMP shall include the number and location of occupied ▇▇▇▇▇▇ sites and details on adjacent or nearby suitable habitat available to owls for relocation. If no suitable habitat is available nearby for relocation, details regarding the creation of artificial ▇▇▇▇▇▇▇ (numbers, location, and types of ▇▇▇▇▇▇▇) shall also be included in the BOMMP. As compensation for the scenario loss of monitor burrowing owl nesting activity and foraging habitat, the BOMMP shall identify mitigation including acquisition increase buffers as needed to prevent disturbance and funding of the permanent protection for the loss of burrowing owl habitat. Permittee shall implement the BOMMP following CDFW review and approvalprotect wintering owls.