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Transit Mix Concrete Co. <br /> DRMS COMMENTS - Elliott Russell - Adequacy Review of Wildlife <br /> Information <br /> 6.4.8 Exhibit H—Wildlife Information <br /> 1. The Applicant has committed to conducting migratory bird and raptor surveys prior to starting <br /> each mining phase. Please also commit to providing the Division with the results of these <br /> surveys. <br /> Response: Transit Mix commits to providing the Division the results of the migratory bird and <br /> raptor surveys prior to starting each mining phase. <br /> 2. Within the response to Adequacy Item No. 3,the Applicant states no further Mexican spotted <br /> owl (MSO) surveys are required because no MSOs were documented during the three <br /> consecutive years of MSO surveys. Please address if the periodic migratory bird and raptor <br /> surveys, which will be conducted prior to starting each mining phase, will identify MSOs and <br /> MSO nests, if present on the affected lands. If so, the response to Adequacy Item No. 3 is <br /> adequate. However, in accordance with Rule 3.1.8(1), if these future surveys cannot determine <br /> the presence of MSOs and MSO nests on the affected lands, please also commit to conducting <br /> additional MSO surveys prior to starting each mining phase. <br /> Response: Transit Mix has already met and exceeded the requirements of Rule 3.1.8 (1) with <br /> respect to MSO. The USFWS MSO protocols require two consecutive years of MSO surveys, <br /> and Transit Mix conducted three consecutive years of surveys. Since these surveys did not result <br /> in any owls being detected, no additional surveys would be required by USFWS standards or <br /> protocols. Furthermore, the quarry area does not contain any breeding habitat, which is the <br /> limiting factor in MSO populations. Due to the lack of MSO and MSO breeding habitat, the <br /> mining and reclamation plan takes into account the safety and protection of MSO and no further <br /> surveys are required. <br /> Hitch Rack Ranch Quarry(M-2017-049) <br /> Response to Comments—March 20, 2018 <br />