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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 presentation by persons knowledgeable in kit fox biology and legislative protection to explain endangered species concerns to contractors,their employees,and agency personnel involved in the project.The program shall include the following:a description of the San Joaquin kit fox and its habitat needs;a report of the occurrence of kit fox in the project area;an explanation of the status of the species and its protection under the Endangered Species Act;and a list of measures being taken to reduce impacts to the species during project construction and implementation.A fact sheet conveying this information shall be prepared for distribution to the above- mentioned people and anyone else who may enter.the project site. 10. In the case of trapped animals,escape ramps or structures shall be installed immediately to allow the animal(s)to escape,or the Service shall be contacted. V. Habitat compensation must be included in the form of replacement habitat at the following ratios: 1. 1:1 (one acre of habitat preserved for each acre of habitat lost)for 98 acres of agricultural land.Habitat must be preserved through land acquisition or payment of mitigation fees at USFWS-approved mitigation bank. 2. 3:1 (three acres of habitat preserved for each acre of habitat lost)for 1.16 acres of jurisdictional waters of the U.S.(Hospital Creek).Habitat must be preserved through land acquisition and/or habitat creation for each acre of habitat impacted.The preserved habitat shall be suitable for San Joaquin kit fox,shall be located within the Central Zone or the Southwest Zone as defined in the 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. 4.9.2b:The project shall avoid causing the failure of nesting tricolored colonies.The following Applicant CDD and SJCOG Prior to each phase ' mitigation measures shall be implemented prior to implementation of any Phase of mining. (CDD and USFWS (improvement plan for any phases not approval or mining I. Comply with the SJMSCP for eligible Phases occurring within San Joaquin County.For covered under activity,whichever Phases complying with the SJMSCP,no further mitigation is required. For phases not SJMSP) occurs first)of covered under the SJMSCP(at applicant's option or for potential habitat outside of the mining SJMSCP area),the following apply: II. Project 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. Cemex Vemella Quarry Wing and Redamation Project 5-10 ESA 1203015 Final En ronme• Impact Report June 2008