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Cemex Vernalis Cuany Mining and Reclamation Project • An Early Evaluation as detailed by the USFWS for San Joaquin kit fox survey protocol for the northern range (USFWS, 1999a); • Preconstruction surveys per Standardized Recommendations for the Protection of the San _ Joaquin Kit Fox Prior to or During Ground Disturbance (USFWS, 1999b); • Protection of potential and known dens by a minimum buffer distance, 50 feet and 100 — feet,respectively; • No construction if an occupied or unoccupied natal den is detected until USFWS has been contacted and authorization to proceed has been given to the applicant; • Minimization measures implemented during Phase construction(see 4.9.2a in DEIR for _ details). These non-SJMSCP measures do not specify a date for implementation.DEIR measures(4.9.2a- _ II, III, IV)must be implemented for all Phases of the Project two calendar weeks to thirty calendar days prior to commencement of ground disturbance.Habitat compensation must be included in the form of replacement habitat at the following ratios: — • 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. • 3:I (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. The project life is estimated to be 26 to 60 years,divided into nine phases. The exact length of operation will very depending on market demand and the amount of aggregate reserves that can feasibly be mined in each phase. Therefore,the DEIR seeks to describe the potential impacts of overall project implementation,and provide feasible mitigation with performance criteria. — However,protocol surveys and subsequent mitigation methods are appropriately timed for a phased project of this type. Habitat compensation would prior to the mining of each phase. As phases are reclaimed to agriculture,these phases may be available for on-site mitigation. Analysis _ and mitigation is not deferred as long as the overall level of impact is identified,and feasible mitigation methods(including options that would achieve the same level of habitat mitigation),as is done in the Vernalis Quarry EIR. -- Cemex Vernals Quarry Mining and ReclamaWn Project 3-30 ESA 1203015 Final Errvi.nnental Impact Report June 2008