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Executive Summary TABLE ES-1 (CONTINUED) SUMMARY OF IMPACTS AND MITIGATION MEASURES Environmental Impact Mitigation Measures Level of Significance (Level of Significance Prior to Mitigation) After Mitigation Biological Resources 4.9.1 Project activities could potentially result in direct and 4.9.1 The project applicant shall ensure that any loss of waters of the U.S. Less than Significant indirect impacts to"waters of the U.S.".This is a shall be compensated for by the preservation or creation of similar potentially significant impact.(PS) habitat at a ratio no less than 1:1,prior to construction. This preservation and/or creation of wetlands may occur either on-site,at an off-site location,or at an ACOE approved mitigation bank.To ensure mitigation of habitat similar to that impacted by Mining Plan Option 2,if this mitigation occurs off-site and not at a mitigation bank, the mitigation shall be located on alluvial fans or terraces in either western San Joaquin or Stanislaus Counties. Permits secured for the project may require higher ratios. 4.9.2 Project activities could result in adverse impacts to 4.9.2a Conditions on the project site currently provide habitat for San Less than Significant special status-species covered under the SJMSCP.This Joaquin kit fox.Site conditions will change over the 26-to 60-year life is a potentially significant impact.(PS) of the project;therefore,the following mitigation measures shall be implemented prior to implementation of any Phase of mining. (1) Comply with the SJMSCP. For Phases complying with the SJMSCP,no further mitigation 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 implement avoidance or minimization measures in addition to the mitigation required here. Cemex Vernalis Quarry Mining and Reclamation PropcO ES-16 ESA 1209015 Final Emironmenhl Impact Repon June 2008