Burrowing Owl Clause Samples

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 ...
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Burrowing Owl. A qualified wildlife biologist shall survey for burrowing owl within the work area and a 500-foot radius within 14 days prior to the start of work. Surveys shall be conducted at appropriate times to maximize detection. Permittee shall submit survey results to CDFW within at least seven days of completing surveys. If any active burrowing owl ▇▇▇▇▇▇▇ are observed, these ▇▇▇▇▇▇▇ shall be protected and monitored by a qualified biologist during Project-related activities. A minimum 500-foot avoidance buffer shall be established and maintained around each owl ▇▇▇▇▇▇ during the nesting season (February 1 through August 31). If active burrowing owl ▇▇▇▇▇▇▇ are observed outside of the nesting season, a minimum 150-foot no- disturbance buffer shall be established around each ▇▇▇▇▇▇.
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Burrowing Owl. From 1994 until 1996 when the category was eliminated, the western burrowing owl was listed by the FWS as a category 2 candidate species, indicating that more information was necessary to determine whether the species status was declining, stable, or improving. Although the burrowing owl is a not candidate species at this time, the burrowing owl is considered a bird of conservation concern at the national level by the FWS128 and is classified by Region 2 of the U.S. Forest Service and the Wyoming State Office of the Bureau of Land Management as a sensitive species and by several state wildlife agencies as a Species of Concern. The WGFD (2010) identifies the burrowing owl on its list of species of greatest conservation need as a Native Species of Special Concern based on 1) unknownpopulation 127 WGFD (2006) 128 USFWS (2004b) status and trends, 2) habitat vulnerability, and 3) sensitivity to human disturbance. In depth information regarding the background and status of the burrowing owl is presented in two recent documents: a status assessment and conservation plan prepared by ▇▇▇▇▇ et al. (2003) and a conservation assessment prepared by McDonald et al. (2004).
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Burrowing Owl. Permittee shall inspect all ▇▇▇▇▇▇▇ that exhibit typical characteristics of owl activity no sooner than three 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.
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Burrowing Owl. No less than 14 days prior to the initiation of any project activities, the Designated Biologist(s) shall conduct pre-construction surveys in accordance with the Staff Report on Burrowing Owl Mitigation (Department of Fish and Game, March 2012). If no burrowing owl(s) are observed on site during the pre‐ construction survey, a letter shall be prepared by the Designated Biologist(s) documenting the results of the survey. The letter shall be submitted to CDFW. If burrowing owl(s) are observed on site during the pre‐construction survey, areas occupied by burrowing owls shall be avoided. If burrowing owls cannot be avoided by the project, then the Designated Biologist(s) shall prepare and submit a passive relocation program in accordance with Appendix E (i.e., Example Components for Burrowing Owl Artificial ▇▇▇▇▇▇ and Exclusion Plans) of the 2012 Staff Report on Burrowing Owl Mitigation (CDFG 2012) to the CDFW for review/approval prior to the commencement of disturbance activities onsite and propose mitigation for permanent loss of occupied ▇▇▇▇▇▇(s) and habitat consistent with the 2012 Staff Report on Burrowing Owl Mitigation. Survey results shall be submitted to CDFW within 30 days of completion of surveys following the guidelines provided in Appendix D of the Staff Report on Burrowing Owl Mitigation (Department of Fish and Game, March 2012). Reports shall be emailed to CDFW at ▇▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇.▇▇▇. Please reference EPIMS-SBR-19376.
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Burrowing Owl. Injury or death to Burrowing Owl, including, but not limited to, passive relocation occurring before a positive growth trend as described in Chapter 5.4.6 of the SCVHP is achieved.
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Related to Burrowing Owl

  • Disbursement of Revolving Credit and Swingline Loans Not later than 2:00 p.m. on the proposed borrowing date, (i) each Revolving Credit Lender will make available to the Administrative Agent, for the account of the Borrower, at the office of the Administrative Agent in funds immediately available to the Administrative Agent, such Revolving Credit Lender’s Revolving Credit Commitment Percentage of the Revolving Credit Loans to be made on such borrowing date and (ii) the Swingline Lender will make available to the Administrative Agent, for the account of the Borrower, at the office of the Administrative Agent in funds immediately available to the Administrative Agent, the Swingline Loans to be made on such borrowing date. The Borrower hereby irrevocably authorizes the Administrative Agent to disburse the proceeds of each borrowing requested pursuant to this Section in immediately available funds by crediting or wiring such proceeds to the deposit account of the Borrower identified in the most recent notice substantially in the form attached as Exhibit C (a “Notice of Account Designation”) delivered by the Borrower to the Administrative Agent or as may be otherwise agreed upon by the Borrower and the Administrative Agent from time to time. Subject to Section 5.7 hereof, the Administrative Agent shall not be obligated to disburse the portion of the proceeds of any Revolving Credit Loan requested pursuant to this Section to the extent that any Revolving Credit Lender has not made available to the Administrative Agent its Revolving Credit Commitment Percentage of such Loan. Revolving Credit Loans to be made for the purpose of refunding Swingline Loans shall be made by the Revolving Credit Lenders as provided in Section 2.2(b).

  • Procedure for Borrowing Swingline Loans The Borrower shall give the Agent and the Swingline Lender notice pursuant to a Notice of Swingline Borrowing or telephonic notice of each borrowing of a Swingline Loan. Each Notice of Swingline Borrowing shall be delivered to the Swingline Lender no later than 3:00 p.m. on the proposed date of such borrowing. Any such notice given telephonically shall include all information to be specified in a written Notice of Swingline Borrowing and shall be promptly confirmed in writing by the Borrower pursuant to a Notice of Swingline Borrowing sent to the Swingline Lender by telecopy on the same day of the giving of such telephonic notice. On the date of the requested Swingline Loan and subject to satisfaction of the applicable conditions set forth in Article V. for such borrowing, the Swingline Lender will make the proceeds of such Swingline Loan available to the Borrower in Dollars, in immediately available funds, at the account specified by the Borrower in the Notice of Swingline Borrowing not later than 4:00 p.m. on such date.

  • Swingline Loan Subfacility During the Availability Period for the Revolving Credit Facility, subject to the terms and conditions set forth herein, the Swingline Lender agrees to make certain revolving credit loans (each, a “Swingline Loan” and collectively, the “Swingline Loans”) to the Revolving Credit Borrowers in Dollars from time to time on any Business Day provided that, (a) the aggregate amount of Swingline Loans outstanding at any time shall not exceed the Swingline Committed Amount, (b) the Revolving Credit Exposure of any Revolving Credit Lender shall not exceed such Revolving Credit Lender’s Revolving Credit Commitment, (c) the Total Revolving Credit Outstandings shall not exceed the Line Cap, and (d) the Total Revolving Credit Outstandings shall not exceed the Revolving Credit Dollar Cap. Swingline Loans may be repaid and reborrowed in accordance with the provisions of this Agreement. Notwithstanding the foregoing, the Swingline Lender shall not be required to make a Swingline Loan if any Credit Party shall have notified the Swingline Lender and the Revolving Credit Borrowers in writing at least one (1) Business Day prior to the Borrowing Date with respect to such Swingline Loan, that the conditions set forth in Section 4.02 have not been satisfied and such conditions remain unsatisfied as of the requested time of the making such Swingline Loan. Each Swingline Loan shall be due and payable in full on the earlier of (a) the Swingline Termination Date, or (b) such earlier maturity date as may be agreed to by the Swingline Lender and the Revolving Credit Borrowers. Swingline Loans may only be Adjusted Base Rate Borrowings and may not be SOFR Borrowings.

  • Swingline Loans (a) Subject to the terms and conditions set forth herein, the Swingline Lender agrees to make Swingline Loans in Dollars to the Applicable Borrower from time to time during the Availability Period, in an aggregate principal amount at any time outstanding that will not result in (i) the aggregate principal amount of outstanding Swingline Loans exceeding $25,000,000 or (ii) the Dollar Amount of the total Revolving Credit Exposures exceeding the aggregate Revolving Commitments; provided that the Swingline Lender shall not be required to make a Swingline Loan to refinance an outstanding Swingline Loan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Applicable Borrower may borrow, prepay and reborrow Swingline Loans. (b) To request a Swingline Loan, the Applicable Borrower shall notify the Administrative Agent of such request by telephone (confirmed by telecopy), not later than 2:00 p.m., New York City time, on the day of a proposed Swingline Loan. Each such notice shall be irrevocable and shall specify the requested date (which shall be a Business Day) and amount of the requested Swingline Loan. The Administrative Agent will promptly advise the Swingline Lender of any such notice received from the Applicable Borrower. The Swingline Lender shall make each Swingline Loan available to the Applicable Borrower by means of a credit to the general deposit account of such Applicable Borrower with the Swingline Lender (or, in the case of a Swingline Loan made to finance the reimbursement of an LC Disbursement as provided in Section 2.06(e), by remittance to the applicable Issuing Banks) by 2:00 p.m., New York City time, on the requested date of such Swingline Loan. (c) The Swingline Lender may by written notice given to the Administrative Agent not later than 10:00 a.m., New York City time, on any Business Day require the Revolving Lenders to acquire participations on such Business Day in all or a portion of the Swingline Loans outstanding. Such notice shall specify the aggregate amount of Swingline Loans in which Revolving Lenders will participate. Promptly upon receipt of such notice, the Administrative Agent will give notice thereof to each Revolving Lender, specifying in such notice such Lender’s Revolving Percentage of such Swingline Loan or Loans. Each Revolving Lender hereby absolutely and unconditionally agrees, upon receipt of notice as provided above, to pay to the Administrative Agent, for the account of the Swingline Lender, such Revolving Lender’s Revolving Percentage (after giving effect to the reallocation provisions of paragraph (d) below) of such Swingline Loan or Loans. Each Revolving Lender acknowledges and agrees that its obligation to acquire participations in Swingline Loans pursuant to this paragraph in an amount equal to its Revolving Percentage thereof is absolute and unconditional and shall not be affected by any circumstance whatsoever, including the occurrence and continuance of a Default or reduction or termination of the Revolving Commitments, and that each such payment shall be made without any offset, abatement, withholding or reduction whatsoever. Each Revolving Lender shall comply with its obligation under this paragraph by wire transfer of immediately available funds, in the same manner as provided in Section 2.07 with respect to Loans made by such Lender (and Section 2.07 shall apply, mutatis mutandis, to the payment obligations of the Revolving Lenders), and the Administrative Agent shall promptly pay to the Swingline Lender the amounts so received by it from the Revolving Lenders. The Administrative Agent shall notify the Applicable Borrower of any participations in any Swingline Loan acquired pursuant to this paragraph, and thereafter payments in respect of such Swingline Loan shall be made to the Administrative Agent and not to the Swingline Lender. Any amounts received by the Swingline Lender from an Applicable Borrower (or other party on behalf of such Applicable Borrower) in respect of a Swingline Loan after receipt by the Swingline Lender of the proceeds of a sale of participations therein shall be promptly remitted to the Administrative Agent; any such amounts received by the Administrative Agent shall be promptly remitted by the Administrative Agent to the applicable Revolving Lenders that shall have made their payments pursuant to this paragraph and to the Swingline Lender, as their interests may appear; provided that any such payment so remitted shall be repaid to the Swingline Lender or to the Administrative Agent, as applicable, if and to the extent such payment is required to be refunded to the Applicable Borrower for any reason. The purchase of participations in a Swingline Loan pursuant to this paragraph shall not relieve the Applicable Borrower of any default in the payment thereof.