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Biological Resources, MONK &ASSOCIATES impacts and Mitigations Tiacy Facility Expansion Site i acquisition requirements would be necessary to mitigate impacts to burrowing owl. It would be necessary,however,to enhance an adequate amount of acreage on the mitigation lands, as. described above,to provide suitable habitat for the burrowing owl. Acquisition of mitigation lands in combination with reclamation of the project site after completion of mining would offset impacts to burrowing owl to a level considered less than significant. 14.13 Impact Number 7- California Horned Lark Implementation of the project as proposed could result in impacts to the California horned lark. p As of this writing, the California horned lark is a California species of special concern. In the. spring of 1999,however, CDFG will publish an update to their`Bird Species of Special Concern"list. The California horned lark will not be included on this updated list. Once the California horned lark is removed from this list,it would not be considered"rare"under CEQA, and impacts to this species would not be considered significant. As such, no mitigation would be required for impacts to this bird species. However,until the.new bird species of special concern list is published,this species must be addressed in all CEQA documents. Approximately 137 acres of suitable horned lark nesting habitat would be impacted by the project as proposed. Potential impacts to this species from the proposed project include death of nesting individuals,their eggs and/or young due to earth moving activity, and temporary loss (i.e:, one to six.years) of nesting habitat. While M&A have identified California horned larks on the project site during the winter months, these birds could be migrants. Nesting surveys have not been conducted. In the absence of surveys to confirm or negate the presence of nesting horned larks, impacts to this species from the proposed project are considered potentially significant. However,mitigation could be implemented that would reduce this impact to a level considered less than significant. 14.14 Mitigation Measure 8 -California Horned Lark Implementation of the following mitigation should offset impacts to the California horned lark to a level considered less than significant. Nesting surveys for California horned lark should take place in the spring months the year mining is proposed a particular phase of the project site. (Since nesting locations may change from year to year it would not be practicable to conduct the surveys any earlier). A minimum of two surveys, one survey a month, between the months of April and June, should be conducted in grasslands before absence of nesting birds is concluded in that particular mining area(e.g., Area 1,Area 2). If nesting horned larks are identified in any of the mining areas, the mitigation prescribed below should be implemented. A 500-foot buffer should be established around the nest site(s), and no earth moving activity should occur within the buffer zone until it is determined by a qualified ornithologist that the young have fledged(i.e., left the nest), typically by July. This mitigation, in combination with 34