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3.Response to Comments 1_ Impacts in San Joaquin County(SJMSCP Covered)—590 acres The SJMSCP was developed in coordination with regulatory agencies, including DFG and USFWS,to comprehensively conserve open space and wildlife habitat in balance with economic and growth interests. By complying with the SJMSCP (first component),the Project Proponent agrees to implement the conservation measures specified in the SJMSCP for impacts to covered species,which include minimization and avoidance measures such as pre-construction surveys and applied buffer zones(SJMSCP §5.2.4.25). Compliance with the SJMSCP applies to all Phases of the Project within San Joaquin County. Measures to mitigate direct impacts (i.e.,up to �e 590 acres of habitat being unavailable for up to 60 years) include the following(SJMSCP §5.3.1): A. Pay the appropriate fee as specified per phase (SJMSCP §7.4.1 and 7.4.1.3); or B. Dedicate,as conservation easements or fee title,habitat lands(in-lieu dedications)as specified per phase (SJMSCP §5.3.2.1 and 5.3.2.2);or ` C. Purchase approved mitigation bank credits as specified per phase (SJMSCP §5.3.2.4); [or] D. Propose an alternative mitigation plan,consistent with the goals of the SJMSCP and equivalent in biological value to options 1-3,above, subject to approval by the JPA with the concurrence of the Permitting Agencies' representatives on the TAC (SJMSCP, 2000). Given that ` the mined areas will be mined and subsequently reclaimed in phases,and that the reclaimed use will be agriculture (as currently exists on site),an alternative method of conservation(e.g.the placement of conservation easements on the reclaimed land with habitat protections consistent V with the conservation goals set forth in the SJMSCP)may be feasible and appropriate. Compliance with the SJMSCP reduces impacts to San Joaquin kit fox to a less-than-significant 6„ level for all Phases of the Project.While dates for implementing some mitigation have not been specified(including pre-construction surveys),compliance with the SJMSCP shall occur for each phase of the Project prior to implementation of any given Phase. This includes protocol surveys 64 for San Joaquin kit fox and compensation for loss of habitat,if any,prior to a Phase being authorized for ground disturbance. Compensation for habitat loss may be in the form of fee payment(to be used for purchase of habitat per the SJMSCP),replacement habitat lands, mitigation bank credits,or an approved mitigation plan, as noted above. The method of habitat compensation is not specified in mitigation measure 4.9.2a,but is left up to the Project Proponent to decide what is most feasible. r Impacts in Stanislaus County (Non-SJMSCP Covered)—98 acres The DEIR mitigation measure 4.9.2a also includes a second mitigation component(4.9.2a-II, III, IV)which addresses mitigation not within San Joaquin County. For Phases within Stanislaus County there are several measures that the Project Proponent must implement,which are very similar to those in the SJMSCP. For these Phases not participating in the SJMSCP(either because they are outside of San Joaquin County or because the applicant has not sought coverage under the SJMSCP),the mitigation measures include: LGema[Vernalis Quarry Mining and Reclamation Project 3-29 ESA/203015 Final Emirmniental Impact Report June 2009 L