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Cemex Vernalis Quarry Mining and Reclamation Project TABLE 5-1 MITIGATION MONITORING AND REPORTING PROGRAM CEMEX VERNALIS QUARRY PROJECT Mitigation Measure Responsible Monitor Timing Sign Off Party 4.9 BIOLOGICAL RESOURCES 4.9.1:The project applicant shall ensure that any loss of waters of the U.S.shall be compensated for by the Applicant CDD and Prior to each phase preservation or creation of similar habitat at a ratio no less than 1:1,prior to construction.This preservation and/or ACOE (improvement plan creation of wetlands may occur either on-site,at an off-site location,or at an ACOE approved mitigation bank.To approval or mining activity, ensure mitigation of habitat similar to that impacted by Mining Plan Option 2, if this mitigation occurs off-site and whichever occurs first) not at a mitigation bank,the mitigation shall be located on alluvial fans or terraces in either western San Joaquin or Stanislaus Counties. Permits secured for the project may require higher ratios. 4.9.2a:Conditions on the project site currently provide potential habitat for San Joaquin kit fox. Site conditions will Applicant CDD and Prior to each phase change over the 26-to 60-year life of the project;therefore,the following mitigation measures shall be SJCOG (improvement plan implemented prior to implementation of each Phase of mining. (CDD approval or mining activity, and whichever occurs first) I. Comply with the SJMSCP.For Phases complying with the SJMSCP,no further mitigation is required. USFWS For phases not covered under the SJMSCP(at applicant's option or for potential habitat outside of the for any SJMSCP area),the following apply: phases not II. For Project Phases not complying with the SJMSCP,the applicant shall perform an early evaluation of covered the Phase according to USFWS protocol for San Joaquin kit fox surveys in the northern range under (USFWS, 1999a),as updated.This protocol includes consultation with USFWS. If the USFWS SJMSP) 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 Project 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 Project 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 trenches more than 2 feet deep at the close of each Cemex Vemalic Own Mining and Reclamation Project 5-8 ESA 1203015 Final Enyironmentitl Impact Repoli June 2008