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Cemex Vemalis Quem/Mining and Redaniation Project I 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. 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. (1) 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: — (II) 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. (III) 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 If tricolored blackbirds are nesting in the silage,the entire field shall not be harvested until the _ colony is no longer active. Measure 4.9.2c: Conditions in the 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. For phases not covered under the SJMSCP(at applicant's option or for potential habitat outside of the SJMSCP area),the following apply: (II) For 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. — 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: (1) 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: Cemex Vernalis Quarry Mining and Reclamation Pmjed 4-58 ESA 1203015 Final Ewironmental Impact Report June 2008