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Cemex Vernalis Guam/Mining and Reclamation Project 4.9 Biological Resources Mitigation Measure 4.9.2 is modified as follows. 4.9.3 Impacts and Mitigation Measures Mitigation Measures _ Measure 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 any each phase of mining. (I) 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: (II) For 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. (III) For 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 detected,no construction shall occur for the Phase until the — USFWS has been contacted and authorization to proceed has been obtained by the applicant. (IV) For Phases not complying with the SJMSCP,the applicant shall,at a minimum, — implement the following measures,unless directed otherwise through consultation with the USFWS: 1. Restrict project-related vehicle speed to 20 mph on project roads. 2. Cover all excavated,steep-walled holes or construction trenches more than 2 — feet deep at the close of each working day by plywood or similar materials or provide such holes or trenches with one or more escape ramps constructed of earth fill or wooden planks, inspect such holes or trenches for trapped San — Joaquin kit fox prior to filling. Cemex Vernalis Quarry Mining and Reclamation Project 4-56 ESA 1203015 Final Envwonmental Impact Report June 2000