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3.3.3 Impacts to Burrowing Owls Potential Impacts. While a protocol level survey was not conducted for burrowing owls, no owls or indirect burrowing owl evidence was observed on the site during the Februazy and April, 2008, reconnaissance surveys, both of which were conducted during the breeding season, and both were conducted at a sufficient level to have noted owls if there were onsite. Furthermore, there have been no sightings of the species within three miles of the site in the last fifteen years. However, burrowing owls aze a volant species, and given the presence of potentially suitable burrows, an individual could overwinter on the site, though this would be unlikely due to the site's management regime. If a burrowing owl were to occur on the site in the future prior to development, such project-related activities could result in direct mortality to these birds. Construction activities that result in mortality of individual owls constitute a violation of state and federal laws (see Section 3.2.3) and would be considered a significant impact under CEQA. Mitigation. No mitigation is warranted for loss of breeding habitat for the burrowing owl. To avoid impacts to burrowing owls (should they occur on site at sometime in the future before the beginning of construction), a qualified biologist should conduct pre-construction surveys for owls within 30 days of the onset of ground disturbance. These surveys would be conducted in a manner consistent with accepted burrowing owl survey protocols. If pre-construction surveys determine that burrowing owls occupy the site during the non-breeding season (September 1 through January 31), then an eviction effort (i.e., blocking burrows with one-way doors and leaving them in place for a minimum of three days) maybe necessary to ensure that the owls are not banned or injured during construction. Should burrowing owls be detected on the site or immediately adjacent lands (i.e., within 250 feet of the site boundary) during future breeding seasons (February 1 through August 31), a construction-free buffer of at least 250 feet should be established azound all active owl nests. The buffer areas should be enclosed with temporary fencing, and construction equipment and workers should not enter the enclosed setback azeas. Buffers should remain in place for the duration of the breeding season or until young aze independent. After the breeding season, an eviction process for any remaining owls may take place as described above. Ironwood 55+ Biotic Evaluation Live Oak Associates, Inc.