4.4.1.9 American Badger Construction of the proposed project has the potential to injure or kill American badgers by crushing them in their dens or crushing den entrances with construction equipment, which would prevent badgers from escaping, similar to the direct impacts described for burrowing owl above. Impacts associated with destruction of burrows/burrow entrances and mortality of owls are considered significant and would be reduced to a level below significance by implementation of MM 1 (minimize construction-related impacts to the maximum extent practicable), MM 2 (conduct biological monitoring during construction), MM 8 (use of shielded directional lighting that is pointed downward), MM 9 (15 mile-per-hour speed limit along access roads), and MM 32 (pre-construction survey for the American badger, avoidance of active dens, and/or badger relocation). 4.4.2 Operation and Maintenance 4.4.2.1 Flat-Tailed Horned Lizard General O&M activities that would be conducted such as visual inspections, oil changes, and gearbox lubrication will result in regular truck traffic on access roads throughout the year, which may result in direct mortality or injury to individual FTHL. In addition, grading of access roads will occur as needed (but will be scheduled to least disturb sensitive wildlife), in accordance with MM 2. FTHL injury or mortality could also potentially occur due to weed abatement activities, including application of chemicals or mechanical methods. These potential impacts are considered significant and would be reduced to a level below significance by implementation of MM 9 (speed limit of 15 miles per hour on access roads in occupied FTHL habitat, biological monitoring [relocation of FTHL if necessary] for O&M off of access roads) and MM 15 (submit annual FTHL Status Report). As with construction, avian predators of the FTHL may be drawn to the OWEF due to the increase in food sources such as garbage cans and perching areas such as the fences surrounding the substation/switchyard and the O&M building. A potential increase in avian predators may indirectly affect FTHL. Impacts associated with predators during O&M are considered significant and would be reduced to a level below significance by implementation of MM 2 (conduct biological monitoring and implement and ensure compliance with a WEAP), MM 13 (implement the Raven Control Plan), and MM 15 (submit annual FTHL Status Report) are required to minimize this potential impact to FTHL during O&M. In addition, an indirect impact to FTHL would occur if the number of avian and non-avian predators increases as a result of higher densities of perennial shrub species (Grant 2005). Increases in perennial shrub species can occur if considerable amount of water are applied during the construction phase or O&M/revegetation phase. However, only the minimal amount of water needed for dust control would be applied during the construction phase in accordance with MM 7 and only the minimum amount of water needed for revegetation of temporary impact areas would be applied during the O&M phase, in accordance with MM 4. Biological Technical Report for Ocotillo Wind Energy Facility / AEG-09 / June 14, 2011 74 As with construction, increases in invasive plant species and use of night lighting in occupied FTHL habitat would be indirect impacts to FTHL. Impacts associated with invasive plant species during O&M are considered significant and would be reduced to a level below significance by implementation of MM 6 (implement the Integrated Weed Management Plan for the life of the project) and MM 8 (minimize night lighting during O&M). 4.4.2.2 Barefoot Banded Gecko As described above, the barefoot banded gecko is currently considered absent from the OWEF site, but there are several portions of site that have not yet been surveyed for the species and are considered very low quality habitat for the gecko (Figure 6). The portions of the OWEF site that have not yet been surveyed for the species will be surveyed in 2011 prior to the start of construction. If barefoot banded gecko is determined to be absent, no mitigation during O&M would be required for this species. If barefoot banded gecko is determined to be present, O&M activities have the potential to directly impact the species through crushing of individuals resulting from vegetation management or road grading and indirectly impact the species as a result of noise, vibration, night lighting, introduction or spread of invasive weed species, and fugitive dust, as described above for the construction impacts on barefoot banded gecko. Direct impacts to barefoot banded gecko during O&M are considered significant and would be reduced to a level below significance by implementation of MM 2 (implement and ensure compliance with a WEAP, including scheduling O&M to least disturb sensitive wildlife) and MM 16 (comply with the conditions of the 2081 Incidental Take Permit for the species [if necessary]). Indirect impacts to barefoot banded gecko during O&M are considered significant and would be reduced to a level below significance by implementation of MM 6 (implement the Integrated Weed Management Plan for the life of the project), MM 8 (minimize night lighting during O&M), MM 14 (measures to reduce FTHL mortality, including requiring vehicles to remain on designated maintenance roads), and MM 16 (comply with the conditions of the 2081 Incidental Take Permit for the species [if necessary]). 4.4.2.3 Rosy Boa Similar to the barefoot banded gecko, potential O&M impacts could include direct impacts such as crushing/killing of individuals and indirect disturbance as a result of noise, vibration, night lighting, introduction or spread of invasive weed species, and fugitive dust. Direct impacts to rosy boa during O&M would be minimized through implementation of MM 2 (implement and ensure compliance with a WEAP, including scheduling O&M to least disturb sensitive wildlife). Indirect impacts to rosy boa during O&M are considered significant and would be reduced to a level below significance by implementation of MM 6 (implement the Integrated Weed Management Plan for the life of the project), MM 8 (minimize night lighting during O&M), MM 14 (measures to reduce wildlife mortality, including requiring vehicles to remain on designated maintenance roads). Biological Technical Report for Ocotillo Wind Energy Facility / AEG-09 / June 14, 2011 75 4.4.2.4 Burrowing Owl O&M activities have the potential to affect burrowing owls if activities cause destruction of burrows or burrow entrances. Regular O&M activities, such as driving on access roads to make periodic inspections of WTGs, gear box inspections, and lubrication, are not expected to affect because activities will remain on permanently maintained access roads, crane pads, and permanent work areas. Implementation of MM 2 (implement and ensure compliance with a WEAP) and MM 9 (limiting speed limits on access roads) would minimize impacts on burrowing owls from these types of O&M activities. Other O&M activities, such as vegetation management or regrading access roads that result in disturbance beyond the approved permanent footprint, have the potential to affect burrowing owls if activities cause destruction of burrows or burrow entrances, as described above for the construction phase of the project. These potential impacts to burrowing owls during O&M are considered significant and would be reduced to a level below significance by the requirement to conduct a pre-construction burrowing owl survey in accordance with MM 20 if O&M activities have the potential to disturb habitat outside of the approved permanent project footprint. To further reduce this potential impact, MM 2 requires preparation of a WEAP, which includes actions and reporting procedures to be used if nesting birds are encountered and requires annual reporting to ensure compliance with the WEAP. As with construction, increases in invasive plant species and use of night lighting would be significant indirect impacts to burrowing owl. Impacts associated with invasive plant species during O&M would be minimized through implementation of MM 6 (implement the Integrated Weed Management Plan for the life of the project). Impacts associated with night lighting during O&M would be minimized through implementation of MM 8 (minimize night lighting during O&M). The risk of collision of the burrowing owl with the WTGs is discussed in the Avian and Bat Collision Risk section below. 4.4.2.5 Golden Eagle As with construction, O&M would not result in direct or indirect impacts to golden eagle nest sites because the nearest nest site is a minimum of 2 miles from the proposed OWEF site. O&M activities have the potential to remove golden eagle foraging habitat if regrading of roads or other O&M activities result in minor amounts of vegetation being removed adjacent to the permanent project footprint. If areas need to be regraded, they would be revegetated in accordance with MM 4. Therefore, O&M activities are not expected to significantly impact golden eagle foraging on the OWEF site. The risk of collision of the golden eagle with the WTGs is discussed in the Avian and Bat Collision Risk section below. Biological Technical Report for Ocotillo Wind Energy Facility / AEG-09 / June 14, 2011 76 4.4.2.6 Nesting Birds As with construction, O&M activities could result in direct and indirect impacts to nesting bird species protected under the California Fish and Game Code and Migratory Bird Treaty Act. Direct impacts to nesting birds could occur as a result of vegetation management or regrading of access roads, which could cause destruction or abandonment of active nests or the mortality of adults, young, or eggs. Direct impacts to nesting bird species are considered significant and would be reduced to a level below significance by implementation of MM 23 (vegetation clearing outside of the general avian breeding season or conduct pre-construction nesting bird surveys and incorporate a 100-foot nest buffer around active nests) and MM 22 (prepare and implement an Avian and Bat Protection Plan).