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Facts in Support of Findings J Potential impacts to special-status wildlife species will be less than significant with implementation of Mitigation Measures BIO-la, BIO-lb, BIO-lc and BIO-ld, which require Swainson's Hawk-specific avoidance measures, western burrowing owl-specific avoidance measures, seasonal work limits and pre- construction surveys to avoid impacts to protected breeding birds and bat-specific avoidance measures. The applicant must also mitigate for the loss of foraging habitat through the provision of Habitat Management lands or through participation in the San Joaquin County Multi-Species Habitat Conservation and Open Space Plan ("SJMSCP'D. Implementation of Mitigation Measure BIO-2, requiring a wetlands delineation, if not already completed, verification of the delineation by the Army Corps of Engineers (ACOE), authorization of any fill of wetlands and/or waters of the U.S./State, and mitigation compensation, will reduce impacts to wetlands and/or waters of the U.S./State to less than significant Implementation of Mitigation Measure BIO-3,which in turn requires the implementation of Mitigation Measures BIO-la, BIO-Ib,BIO-lc,BIO-ld and BIO-2 would ensure that the project's contribution to cumulative biological resource impacts would be less than significant. 4.1.5 Cultural Resources Summary of Potential Impacts An evaluation of potential impacts on archaeological and human remains and paleontological resources is found in Section 4.7 (Cultural Resources)of the Draft EIR. Neither the archival research nor the cultural resources survey resulted in the identification of recorded or unrecorded prehistoric or historic-era archaeological resources within the project site or a 0.5 mile buffer of the project site. Buried archaeological resources do not always manifest themselves on the surface,as much of the archaeological record for the region has likely been buried beneath the vast alluvial deposits by erosion and depositional processes prevalent in the valley, especially over the last 9,000 years. Additional archaeological material could be buried beneath the fill and pavement of the existing UP Intermodal Facility or below the plow zone in the agricultural fields. Consequently, archaeological materials could be revealed unexpectedly during project construction. It does not appear that the project site contains human remains as there are no known historic cemeteries or prehistoric burial grounds in the vicinity; however, this possibility cannot be entirely discounted as remains interred outside of a formal burial area could be present. There would be minimal excavation(less than 5 acres) associated with the project Excavation is expected to range from 6 to 8 feet below the ground surface in limited areas. Excavations would encounter the Pleistocene Modesto Formation,which may contain paleontological resources. Pleistocene remains are uncommon in San Joaquin County — in fact, only 29 specimens have been recovered, accounting for less than four percent of all paleontological resources in the County. Because excavation for the project would be limited and because there are very few Pleistocene-aged paleontological resources present, the likelihood of encountering paleontological resources is very low. However unlikely, disturbance or destruction of a paleontological resource could still occur and therefore represents a potentially significant impact. Project-related impacts c ould also be cumulatively considerable when combined with other projects in the region. Findings The County finds that, pursuant to Section 15091(a)(1) of the CEQA Guidelines, changes or alterations have been required in or incorporated into the project, which mitigate or avoid the potential impacts on archaeological and paleontological resources and human remains as identified in the Final EIR. The County further finds that the change or alteration in the project or the requirement to impose the mitigation as a condition of project approval is within the jurisdiction of the County to require, and that this mitigation is appropriate and feasible. November 2012 9 Findings of Fact/ Statement of Overriding Considerations