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Reclaimed phases shall be monitored once monthly. Monitoring technique shall be based on recommendations and approval by a California-certified hydrogeologist. (3) 4.8.3: Prior to the commencement of excavations, the project applicant shall conduct a comprehensive well survey to locate, identify, and confirm ail existing groundwater wells on the project site. Information for well locations shall be obtained, if available, from DWR, San Joaquin County Environmental Health Department, Stanislaus County, and the former property owners. Groundwater wells that will not remain in operation shall be properly destroyed and removed in 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) 4.8.6: The applicant shall implement the Mining Plan Option 1 as described in Chapter 3.0, Project Description, and shown graphically in Figure 3-3. Mining Plan Option 1 requires the applicant to 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. z. BIOLOGICAL RESOURCES (1) 4.9.1: The project applicant shall ensure that any loss of waters of the U.S. shall be compensated for by the preservation or creation of similar 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. (2) 4.9.2a: Conditions on the project site currently provide potential habitat for San Joaquin kit fox. Site conditions will change over the 26-to 60-year life of the project; therefore, the following mitigation measures shall be implemented prior to implementation of each Phase of mining. (3) 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: (4) 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. (5) For Project Phases not complying with the SJMSCP, the applicant shall conduct pre- construction surveys per Standardized Recommendations for the Protection of the San Joaquin Kt Fox Prior to or During Ground Disturbance (USFWS 1999b), as updated. Potential dens (including man-made structures) and known dens shall be protected by minimum buffers of 50 feet and 100 feet, respectively. If an occupied or unoccupied natal den is Conditions of Approval -8 - QX-01-0002