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(11)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: 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 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, 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. (b) 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 1 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. aa. CULTURAL RESOURCES (1) 4.10.1: Stop work if cultural resources are discovered during project construction. (2) 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. (3) 4.10.2: Comply with state laws pertaining to the discovery of human remains. (4) If human remains of Native American origin are discovered during project construction, it is necessary to comply with state laws relating to the disposition of Native American burials, which fall within the jurisdiction of the Native American Heritage Commission (Public Resources Code Sec. 5097). If any human remains are discovered or recognized in any location on the project site, there shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until: (5) The San Joaquin and/or Stanislaus County Coroner/Sheriff has been informed and has determined that no investigation of the cause of death is required; and (6) if the remains are of Native American origin, Conditions of Approval - 11 - OX-01-0002