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1995), as updated, pre-construction surveys for burrowing owls shall be conducted in suitable habitat within 500 feet of each Phase's boundaries. These surveys require two site visits, once in December to January, and once April 15 to July 15. (III) If occupied burrows are recorded within a 500-foot buffer from the Phase, the project shall avoid mining operations within a 160-foot buffer of active burrows from September 1 to January 31, and within a 250-foot buffer from February I to August 31. If avoidance is not possible, then measures may also include (in consultation with CDFG)passive relocation and destruction of occupied burrows during the non-breeding season (October—January). To mitigate for the loss of any burrows, the applicant shall enhance and/or create burrows at a 2:1 ratio at a protected site in San Joaquin or Stanislaus Counties. The protected site shall include 6.5 acres of foraging habitat per occupied burrow lost contiguous with occupied burrow sites to compensate for the loss of each pair of breeding owls,or single, unpaired resident owl. (Draft EIR,pp. 4.9-17 to 4.9-18.) Findings: Based on the whole record, this Commission finds that with implementation of Mitigation Measures 4.9.2a-4.9.2d, impacts to special status-species covered under the STMSCP are reduced to a less than significant level. (Draft EIR,p. 4.9-18.) D.2.9. Cultural Resources Impact 4.10.1 Damage to previously unidentified buried archaeological remains during project construction. (Draft EIR, p. 4.10-5.) Significance Before Mitigation: Potentially Significant. Facts: Unidentified buried archaeological remains could be damaged during excavation, grading, trenching, and other construction-related activities. See Draft EIR, pp. 4.10-5 to 4.10-6. Mitigation Measures Mitigation Measure 4.10.1: Stop work if cultural resources are discovered during project construction. If potentially significant cultural resources are discovered during ground-disturbing activities associated with project preparation, construction, or completion,work shall halt in that area until a qualified archaeologist can access the significance of the find, and, if necessary, develop appropriate treatment measures in consultation with San Joaquin and/or Stanislaus Counties and other appropriate agencies and individuals. (Draft EIR, pp. 4.9-15 to 4.9-17.) Findings: Based on the whole record, this Commission finds that with implementation of Mitigation Measure 4.10.1, impacts related to previously unidentified buried archaeological remains are reduced to a less than significant level. Impact 4.10.2 25