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4. ENVIRONMENTAL ANALYSIS 1ie 4.9 BIOLOGICAL RESOURCES Showy madia may occur in the limited grasslands in the project area. If showy madia occurs in the Proposed Project area, project activities could result in the destruction of those plants. Mitigation Measures 4.9.2x: Prior to implementation of any Phase of mining the applicant shall perform an early evaluation of the Phase according to USFWS protocol for San Joaquin kit fox survey in the northern range(USFWS, 1999),as updated. This protocol includes consultation with USFWS. If warranted by the site evaluation,protocol surveys for San Joaquin kit fox shall be conducted by a qualified biologist following USFWS(1999) protocol,as updated. The USFWS may require appropriate project modifications to protect San Joaquin kit fox,including: L1) avoiding the impact by not taking a certain action or parts of an action; 2) minimizing impacts by limiting the degree or magnitude of the action; 3) rectifying the impact by repairing,rehabilitating or restoring the affected environment; 4) reducing or eliminating the impact over time by preservation and maintenance operations during the life of the action; or 5) compensating for the impact by replacing or providing substitute resources or environments. R Mitigation Measures 4.9.2b: Prior to implementation of any Phase of mining under Haul Route Option 2,which would impact Hospital Creek,the applicant shall perform a site assessment for California red-legged frogs according to USFWS guidelines(USFWS, 1997), as updated. If warranted by the site assessment,protocol surveys for California red-legged frogs shall be conducted by a qualified biologist following USFWS (1997) guidelines,as updated. If Hospital Creek is occupied by California red-legged frogs,the applicant will consult with the USFWS (this consultation may occur between the Corps and the USFWS) to avoid,minimize and/or mitigate impacts to the species. Avoidance,minimization and mitigation measure may include but are not limited to: — 1) Training mine personnel to recognize California red-legged frogs and their habitat; 2) Removal of California red-legged frogs (in any life stage)from the project area by a USFWS authorized biologist; and 3) Implementing erosion control and spill-prevention measures; Mitigation Measures 4.9.2c: Prior to implementation of any Phase of mining,a site assessment for burrowing owls shall be conducted by a qualified biologist according to the CDFG Staff Report on Burrowing Owl Mitigation(CDFG, 1995),as updated. If warranted by the site assessment,protocol(CDFG, 1995)pre-construction surveys for burrowing owls, as updated,shall be conducted in suitable habitat within 500 feet of the Phase boundaries. These surveys require two site visits,once in December to January,and once April 15 to July 15. If nesting burrowing owls are recorded within a 500-foot buffer from the Phase, CDFG will be consulted regarding suitable measures to avoid impacting burrowing owls. +. Measures may include,but are not limited to: RMC P.i&vee Quaffy Mhting d Reclamab.Project 4.9-13 FSA 1203015 Adv smuw Draft ERR Minch 20D4