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Mitigation Measure 4.9.2b: The project shall avoid causing the failure of nesting tricolored colonies. The following mitigation measures shall be implemented prior to implementation of any Phase of mining. (I) Comply with the SJMSCP for eligible Phases occurring within San Joaquin County. For Phases complying with the SJMSCP, no further mitigation is required; or(at applicant's option), (II)Project Phases not complying with the SJMSCP, silt ponds, detention basins, or other bodies of water created by the project within 250 feet of the Phase shall be surveyed for breeding tricolored blackbirds; this survey shall occur between March 15 and June 15. Any active colonies shall be protected from operations activities by a 250-foot buffer. (II1) If silage crops are grown on project land prior to being mined or when reclaimed, these crops shall be surveyed by a biologist prior to harvesting. If tricolored blackbirds are nesting in the silage, the entire field shall not be harvested until the colony is no longer active. (Draft EIR, p. 4.9-17.) Mitigation Measure 4.9.2c: Conditions in the Proposed Project area currently provide breeding habitat for Swainson's hawk and white-tailed kite. Site conditions will change over the 26-to 60- year life of the project, therefore, the following mitigation measures shall be implemented prior to implementation of any Phase of mining. For any Phase where ground disturbing activities would commence during the raptor breeding season (March 15 through August 31), the applicant shall: (I) Comply with the SJMSCP. For Phases complying with the SJMSCP, no further mitigation is required, or (at applicant's option), (II) For Project Phases not complying with the SJMSCP, the applicant shall conduct pre- construction surveys for nesting raptors in suitable habitat within one-half mile (for Swainson's hawk) and 500 feet (for whitetailed kite) 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 these buffers, the applicant shall not permit construction activities within these buffers except in consultation with CDFG. (Draft EIR,p. 4.9-17.) Mitigation Measure 4.9.2d: Conditions at the project site currently provide low suitability habitat for burrowing owls. Site conditions will change over the 26-to 60-year life of the project; therefore the following mitigation measures shall be implemented prior to implementation of any Phase of mining: (I) Comply with the SJMSCP. For Phases complying with the SJMSCP, no further mitigation is required, or(at applicant's option) (II) For Project Phases not covered under the SJMSCP, a habitat assessment for burrowing owls shall be conducted in the year prior to implementation of each Phase. Burrowing owl site assessments are generally only valid for one year. The 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, 24