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Cemex Vernalis Quarry Mining and Reclamation Project TABLE 5-1 MITIGATION MONITORING AND REPORTING PROGRAM CEMEX VERNALIS QUARRY PROJECT Mitigation Measure Responsible Party Monitor Timing Sign Off accordance with the DWR Well Standards,depending on location,under permit and inspection from either the Stanislaus County Department of Environmental Health or San Joaquin County as per the San Joaquin County Development Title,Section 9-1115.5(e).The well destruction shall be designed to create a sanitary seal that would not conduct vertical water flow in the event that the well is truncated or damaged during mining operations. 4.8.6:The applicant shall implement the Mining Plan Option 1 as described in Chapter 3.0,Project Applicant CDD Prior to approval of Description,and shown graphically in Figure 3-3.Mining Plan Option 1 requires the applicant to improvement plans leave Hospital Creek in place,mining both sides with a 100-foot setback from the centerline of the creek to the top of the mining slope. 4.9 BIOLOGICAL RESOURCES 4.9.1:The project applicant shall ensure that any loss of waters of the U.S.shall be compensated for Applicant CDD and ACOE Prior to each phase by the preservation or creation of similar habitat at a ratio no less than 1:1,prior to construction,This (improvement plan preservation and/or creation of wetlands may occur either on-site,at an off-site location,or at an approval or mining ACOE approved mitigation bank.To ensure mitigation of habitat similar to that impacted by Mining activity,whichever Plan Option 2,if this mitigation occurs off-site and not at a mitigation bank,the mitigation shall be occurs first) located on alluvial fans or terraces in either western San Joaquin or Stanislaus Counties.Permits secured for the project may require higher ratios. 4.9.2a:Conditions on the project site currently provide potential habitat for San Joaquin kit fox.Site Applicant CDD and SJCOG Prior to each phase conditions will change over the 26-to 60-year life of the project;therefore,the following mitigation (CDD and USFWS (improvement plan measures shall be implemented prior to implementation of each Phase of mining. for any phases not approval or mining ` covered under activity,whichever I. Comply with the SJMSCP.For Phases complying with the SJMSCP,no further mitigation SJMSP) occurs first) 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 Project Phases not complying with the SJMSCP,the applicant shall perform an early evaluation of the Phase according to USFWS protocol for San Joaquin kit fox surveys in the northern range(USFWS, 1999a),as updated.This protocol includes consultation with USFWS. If the USFWS concludes that the Phase would not affect San Joaquin kit fox habitat,no further mitigation(i.e.,measures III and IV below)would be required for the Phase. If the USFWS determines that the Phase may affect San Joaquin kit fox habitat,it may require the applicant to conduct protocol-level surveys for San Joaquin kit fox and to cemex vemalis Quarry Mning and Reclamation Project 5-8 ESA 1203015 Final EnAror m, 'ripact Repon June 2009 I