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-2- A nationwide permit 14 from the Corps of Engineers will be required for the road crossing. The Regional Water Quality Control Board will require certification or waiver of water quality pursuant to Section 401 of the Clean Water Act. A Notice of Intent of storm water pollution prevention plan will also be required pursuant to Section 402 of the Clean Water Act. The Department of Fish and Game will require a steam bed alteration permit. In addition to these permits a 404 permit may also be required by the Corps of Engineers for construction of the flood protection berms. All storm drainage from the project will remain on site. Slope Stability: There appears to be a conflict in the report and the slope stability analysis in that the slope stability analysis provides for excavation of working slopes of up to '/. horizontal to 1 vertical. The proposed excavation plan state that the excavated slopes will be at 1% horizontal to 1 vertical. The maximum depth of excavation is approximately 80 feet. It is proposed that the slopes be reclaimed at 1% to 1. The issues include that if the slopes are excavated at % to 1 and back filled at % to 1 that a slip surface is being developed between the excavated and reclaimed slope. It will need to be demonstrated also how slopes steeper than 1%Z : 1 can be effectively revegetated. Under Development Title Section 9-1415.3(k)(4) requires slope stability factors of safety as follows: • A minimum factor of safety of 1.5 against static deep-seated failure. • A minimum factor of safety of 1.5 against static surficial failure and, • A minimum factor of safety of 1.1 against seismic failure. Temporary slopes are governed by Cal Osha and MSHA. Biological: The "Biological Resources, Impacts and Mitigation Analysis" prepared by Monk and Associate dated January 27, 1999 identifies impacts and mitigation measures for affected species. With the exception of the mitigation measures for the San Joaquin Kit Fox of CDFG finds the report acceptable. The CDFG request that mitigation measures be incorporated as conditions of approval as follows: • The mitigation provisions for San Joaquin kit fox contained in the Biological Resources Impacts and Mitigation Analysis (pages 36 through 39), and in the Kit Fox Mitigation Plan (Appendix A) should be removed and a revised mitigation plan for San Joaquin kit fox should be provided that includes the following: • Loss of kit fox habitat will be compensated in a manner such that for each acre of the project site that is mined or disturbed from mining; three acres shall be preserved. All impacts are to be considered "permanent' impacts for the purpose of these calculations.