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4.Environmental Analysis — 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 (II) For 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. (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 I 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 or pay fees to create and/or enhance 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. — Impact Significance After Mitigation: Less than significant. Impact 4.9.3: The project will not conflict with any applicable habitat conservation plan or natural community conservation plan.This would be a less-than-significant impact. The project will either comply with the SJMSCP,or will provide avoidance and mitigation measures commensurate with the SJMSCP. For this reason, the project would result in a less- than-significant impact. Mitigation: No mitigation is required. Impact 4.9.4: The project will not have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies,or regulations or by the CDFG or USFWS.This would be a less-than-significant impact. Under Mining Plan Option 1,Hospital Creek would be protected by a 100-foot setback and no riparian vegetation would be affected. Under Mining Plan Option 2, Hospital Creek(a highly RMC Pacific Vernalis Quarry Mining and Reclamation Project 4.9-18 ESA/203015 Draft Environmental Impact Report May 2006