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habitat shall be suitable for San Joaquin kit fox, shall be located within the Central Zone or the Southwest Zone as defined in the SJMSCP (§5.1.2.2), and shall be managed and maintained in perpetuity. Note that Mining Option 1 would avoid impacts to Hospital Creek, making habitat compensation unnecessary. (8) 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. A. Comply with the SJMSCP for eligible Phases occurring within San Joaquin County. For Phases complying with the SJMSCP, no further mitigation is required. For phases not covered under the SJMSCP (at applicant's option or for potential habitat outside of the SJMSCP area), the following apply: B. 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. (9) 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. A. Comply with the SJMSCP for eligible Phases occurring within San Joaquin County. For Phases complying with the SJMSCP, no further mitigation is required. For phases not covered under the SJMSCP (at applicant's option or for potential habitat outside of the SJMSCP area), the following apply: (a) 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. (b) 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 If tricolored blackbirds are nesting in the silage, the entire field shall not be harvested until the colony is no longer active. (10)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: A. Comply with the SJMSCP. For Phases complying with the SJMSCP, no further mitigation is required. For phases not covered under the SJMSCP (at applicant's option or for potential habitat outside of the SJMSCP area), the following apply: (a) 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 white-tailed 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. Conditions of Approval _ 10 - QX-01-0002