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r r r r r r r r j r F r r r r 5.Mitigation Monitoring and Reporting Program TABLE 5-1 MITIGATION MONITORING AND REPORTING PROGRAM CEMEX VERNALIS QUARRY PROJECT Mitigation Measure Responsible Monitor Timing Sign Off Party except in consultation with CDFG. 4.9.2d:Conditions at the project site currently provide low suitability habitat for burrowing owls.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 any Phase of mining: (CDD approval or mining activity, (1) Comply with the SJMSCP. For Phases complying with the SJMSCP,no further mitigation is required. and whichever occurs first) For phases not covered under the SJMSCP(at applicant's option or for potential habitat outside of the USFWS SJMSCP area),the following apply: for any (II) For Project Phases not covered under the SJMSCP,a habitat assessment for burrowing owls shall be phases not conducted in the year prior to implementation of each Phase.Burrowing owl site assessments are generally covered only valid for one year.The site assessment for burrowing owls shall be conducted by a qualified biologist under according to the CDFG Staff Report on Burrowing Owl Mitigation(CDFG, 1995),as updated. If warranted by SJMSP) the site assessment protocol(CDFG, 1995),as updated,pre-constmction surveys for burrowing owls shall be conducted in suitable habitat within 500 feet of each Phase's boundaries.These surveys require two site visits,once in December to January,and once April 15 to July 15. (III) If occupied burrows are recorded within a 50o-foot buffer from the Phase,the project shall avoid mining operations within a 160-foot buffer of active burrows from September 1 to January 31,and within a 250-toot buffer from February 1 to August 31. If avoidance is not possible,then measures may also include(in consultation with CDFG)passive relocation and destruction of occupied burrows during the non-breeding season(October—January).To mitigate for the loss of any burrows,the applicant shall enhance and/or create burrows at a 2:1 ratio at a protected site in San Joaquin or Stanislaus Counties.The protected site shall include 6.5 acres of foraging habitat per occupied burrow lost contiguous with occupied burrow sites to compensate for the loss of each pair of breeding owls,or single,unpaired resident owl. 4.10 CULTURAL RESOURCES 4.10.1: Stop work if cultural resources are discovered during project construction. Applicant CDD Ongoing If potentially significant cultural resources are discovered during ground-disturbing activities associated with project preparation,construction,or completion,work shall haft in that area until a qualified archaeologist can access the significance of the find,and,if necessary,develop appropriate treatment measures in consultation with San Joaquin and/or Stanislaus Counties and other appropriate agencies and individuals. 4.10.2:Comply with state laws pertaining to the discovery of human remains. Applicant CDD Ongoing If human remains of Native American origin are discovered during project construction,it is necessary to comply with state laws relating to the disposition of Native American burials,which fall within the jurisdiction of the Native Cemex Vernalis Quarry Mining and Reclamation Project 5-11 ESA/203015 Final Environmental Impact Report June 2008