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4. ENVIRONMENTAL ANALYSIS 4.9 BIOLOGICAL RESOURCES - 1) Avoiding mining operations within a 160-foot buffer of active nests from September 1 to January 31,and within a 250-foot buffer from February 1 to August 31. 2) Passive relocation. 3) Habitat preservation and/or creation. Mitigation Measures 4.9.24: Prior to development of any Phase of mining which would commence during the raptor and shrike breeding season(March 15 through August 31) pre-construction surveys for nesting raptors and shrikes shall be conducted in suitable habitat within 500 feet of the Phase boundaries. Surveys shall begin either at the beginning of the breeding season,or four weeks prior to beginning mining activities in the Phase, whichever is later. If nesting raptors are recorded within a 500-foot buffer from the Phase, or shrikes within a 100-feet buffer,CDFG will be consulted regarding suitable measures to -- avoid impacting breeding effort. Measures may include,but are not limited to: 1) Maintaining a 500 foot buffer around each active raptor nest and a 100-foot buffer for shrike nests;no construction activities shall be permitted within this buffer except as described in Mitigation Measure 4.9.2c(2). This buffer may be reduced in consultation with CDFG. 2) Depending on conditions specific to each nest,and the relative location and rate of construction activities, it may be feasible for mining to occur as planned within the buffer without impacting the breeding effort. In this case(to be determined in consultation with CDFG),the nest(s)shall be monitored by a qualified biologist during mining operations within the buffer. If,in the professional opinion of the monitor,the project would impact the nest,the biologist shall immediately inform the applicant and CDFG. The applicant shall stop construction activities within the buffer until either the nest is no longer active or the project receives approval to continue from CDFG. 3) Every effort shall be made to remove nest trees and shrubs outside of the breeding season. — Mitigation Measures 4.9.2e: A qualified botanist shall assess the Proposed Project area and clearly identify(map) all potential showy madia habitat(i.e.,grasslands)in the Proposed Project area. Prior to development of any Phase of mining which would remove any of the mapped potential showy madia habitat,a qualified botanist shall perform a survey during the appropriate season(March to May)according to CDFG guideline for rare plant surveys (CDFG,2000),as updated. If showy madia is found during these surveys,the applicant will propose avoidance,minimization,and/or avoidance measures to CDFG for their approval. These measures may include,but are not restricted to the following: — a) Minimizing impacts by restricting removal of plants to a few individuals of a relatively large population; b) Relocating plants to suitable habitat outside the project area,either within applicant-owned land or off-site; c) Monitoring affected populations or relocated populations to document potential project- related impacts; RMC Pacific vemalis Quarry Mining and Reclamation Project 4.9-14 ESA 1203015 Man nistrative Draft E1R March 2004