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4. ENVIRONMENTAL ANALYSIS 4.9 BIOLOGICAL RESOURCES Impact 4.9.1: Construction activities in the Proposed Project area could potentially result in direct and indirect impacts to"waters of the U.S.,"including wetlands. This is a potentially significant impact. ` Jurisdictional"waters of the United States"(i.e., Hospital Creek) are present in the Proposed Project area, and wetlands may be present in agricultural drainage features if they are connected 4 to other waters of the U.S. Haul Route Option 1 would avoid impacts to Hospital Creek and would provide for a 100-foot setback from the creek. Hospital Creek would be diverted into a detention basin by Haul Route Option 2, and flows would be retained on-site(see Section 4.8 for ftp more details). Indirect impacts to surface water quality may occur as a result of the Proposed Project,and are addressed in Section 4.8. Mitigation Measures 4.9.1: Prior to initiating any phase of the Proposed Project a thorough assessment of the potential for wetlands to occur in areas affected by that phase shall be conducted. This assessment shall be conducted by a wetland specialist trained in the delineation of wetlands according the Corps standards. The assessment shall not occur more than two years prior to the start of mining operations in that phase. This assessment shall,at a minimum,include the identification and mapping of any wetland vegetation and a description of hydrologic flows into and out of areas with wetland vegetation. If potentially jurisdictional wetlands occur in areas affected by the Proposed Project a wetland delineation report shall be prepared and submitted to the Corps for verification. If project activities would result in the placement of dredged or fill material into"Waters of ` the U.S.,"the applicant shall avoid or reduce such impacts to the maximum extent possible and shall obtain a Corps permit prior to those activities. The applicant shall mitigate the loss of wetlands as a result of the Proposed Project by the purchasing mitigation credits for created wetlands at a Corps-approved wetland mitigation bank at no less than a 1:1 ratio. Significance after Mitigation: Less-than-significant. �. Impact 4.9.2: Construction activities in the Proposed Project Area could result in adverse impacts to special status species covered under the SJMSCP. This is a potentially significant impact. Several species covered under the SJMSCP(San Joaquin kit fox,California red-legged frog, western burrowing owl,Swainson's hawk,white-tailed kite, loggerhead shrike, and showy madia)may be adversely affected by activities resulting from the Proposed Project. Species may be directly affected during construction, or their habitats may be temporarily converted to other uses. Given the long-term nature of the Proposed Project and that the SJMSCP is being implemented,the status of these species may change during the duration of the Proposed Project; therefore mitigation included below is phased in conjunction with the Proposed Project. San Joaquin kit fox is distributed in all or parts of the following Counties: Alameda,Contra Costa,Fresno, Kern,Kings,Merced,Monterey, San Benito, San Joaquin, San Luis Obispo, Santa r Barbara and Tulare. In the northern part of their range San Joaquin kit fox occurs in a variety of �. RMC Pacific Vernalis Qttamy Mining and Reclamation Project 4.9-11 PSA/203015 Administrative Draft EIR March 2004