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Cemex Vemahs Quarry Mining and Reclamation Project consultation would result in a biological opinion that addresses anticipated effects of the project to listed and proposed species and may authorize a limited level of incidental take. Ifa Federal agency is not involved with the Project, and federally-listed species may be taken as a part of the Project, then an incidental take permit pursuant to Section 10 of the Act should be obtained. The Service may issue such a permit upon completion by the permit applicant ofa satisfactory conservation plan for the listed species that would be affected by the Project. A wetland delineation of the site was conducted and although it is not yet submitted to the Army Corps of Engineers(ACOE), it identified Hospital Creek as a jurisdictional water of the U.S. Since Hospital Creek is jurisdictional water under the ACOE and the Project Phases may impact — Hospital Creek,the Project Proponent could request the Corps to initiate formal consultation with the USFWS to obtain an incidental take permit pursuant to Section 7 of the Act. Comment H-5 Commenter states the applicant and landowner should be notified that obtaining city or county — permits(besides the SIMSCP)does not release them from responsibility under Section 9 of the Act. The applicant and landowner shall be notified that obtaining city or county permits (besides the — SJMSCP)does not release them from responsibility under Section 9 of the Act. The applicant also understands that Section 9 only applies to habitat actually occupied by ESA listed species per Arizona Cattegrowers v. USFWS 273 F.3d 1229 (2001 9u Cir.). — Letter I. San Joaquin County Public Works Response to Comment 1-1 Referring to mitigation 4.8.1b, the commenter asks who will monitor the reports for the — groundwater vertical separation between the groundwater and the excavation. The applicant is responsible for obtaining monitoring data. The monitoring reports will be sent to the County Community Development Department as a condition of approval. Response to Comment 1-2 — The commenter states that it is the applicant's responsibility to contain all surface drainage onsite. Comment noted. All surface runoff will be directed to the silt ponds or excavated areas,per the Project Description. — Response to Comment 1-3 The commenter requests that the location of wheel washers will be such that any excess water will not impact Koster Road. This request will be incorporated into the conditions of approval for the proposed project. Gamax Vernalis Quarry Mining and Reclamation Project 3-34 ESA/203015 — Final Emiroomental Impact Report June 2008