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Mr. Tam Gau May 24, 1999 Page Two • Loss of kit fox habitat will be compensated in an manner such that for each acre of the project site that is mined or disturbed from mining, three acres shall be preserved. All impacts are to be considered `permanent' impacts for the purpose of these calculations. • Off-site mitigation shall be at a location acceptable to the DFG and the U.S. Fish and Wildlife Service. • The applicant may claim an appropriate"on-site" habitat preserve credit for the reclaimed project. • The applicant will reclaim the project site in a manner that preserves it as a perpetual kit fox habitat. 2. The remainder of the wildlife mitigation measures contained in the Biological Resources Impact and Mitigation Analysis (exclusive of the kit fox mitigation measures as noted above) should be made a condition of project approval. If these recommendations are not incorporated into the project design and final project conditions, we recommend that a draft Environmental Impact Report be prepared for the project. This project will have an impact to fish and/or wildlife habitat. Assessment of fees under Public Resources Code Section 21089 and as defined by Fish and Game Code Section 711.4 is necessary. Fees are payable by the project applicant upon filing of the Notice of Determination by the lead agency. Pursuant to Public Resources Code Sections 21092 and 21092.2, the DFG requests written notification of proposed actions and pending decisions regarding this project. Written notifications should be directed to this office.