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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 approved mitigation bank. 2. 3:1 (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. 4.9.2b:The project shall avoid causing the failure of nesting tricolored colonies.The following mitigation Applicant CDD and Prior to each phase measures shall be implemented prior to implementation of any Phase of mining. SJCOG (improvement plan (CDD approval or mining activity, I. Comply with the SJMSCP for eligible Phases occurring within San Joaquin County. For Phases complying and whichever occurs first)of with the SJMSCP,no further mitigation is required. For phases not covered under the SJMSCP(at USFWS mining applicant's option or for potential habitat outside of the SJMSCP area),the following apply: for any II. Project Phases not complying with the SJMSCP,silt ponds,detention basins,or other bodies of water phases created by the project within 250 feet of the Phase shall be surveyed for breeding tricolored blackbirds; not this survey shall occur between March 15 and June 15.Any active colonies shall be protected from covered operations activities by a 250-foot buffer. under SJMSP) III. If silage crops are grown on project land prior to being mined or when reclaimed,these crops shall be surveyed by a biologist prior to harvesting.If tricolored blackbirds are nesting in the silage,the entire field shall not be harvested until the colony is no longer active. 4.9.2c: Conditions in the Proposed Project area currently provide breeding habitat for Swainson's hawk and Applicant CDD and Prior to each phase of white-tailed kite.Site conditions will change over the 26-to 60-year life of the project,therefore,the following SJCOG mining that would begin mitigation measures shall be implemented prior to implementation of any Phase of mining. For any Phase where (CDD excavation March 15— ground-disturbing activities would commence during the raptor breeding season(March 15 through August 31), and August 31 the applicant shall: CDFG for (1) Comply with the SJMSCP. For Phases complying with the SJMSCP, no further mitigation is required. pny hases For phases not covered under the SJMSCP(at applicant's option or for potential habitat outside of the not SJMSCP area),the following apply: covered (II) For Project Phases not complying with the SJMSCP,the applicant shall conduct pre-construction under surveys for nesting raptors in suitable habitat within one-half mile(for Swainson's hawk)and 500 feet(for SJMSCP) white-tailed kite)of the Phase boundaries. Surveys shall begin either at the beginning of the breeding season,or four weeks prior to beginning mining activities in the Phase,whichever is later. If nesting raptors are recorded within these buffers,the applicant shall not permit construction activities within these buffers Cemex Vernalis Quarry Mining and Reclamation Project 5-10 ESA/203015 Final Environmental Impact Repoli Juna 2008