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-7- 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 an 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. • Off-site mitigation shall be at a location acceptable to the DFG and the U.S. Fish and Wildlife Service. • The applicant may claim an appropriate "on-site" habitat preserve credit for the reclaimed project. • The applicant will reclaim the project site in a manner that preserves it as a perpetual kit fox habitat. S. FLOODING/DRAINAGE: The project site is within the boundaries of the 100- year Flood Elevation. The Flood zone is A7 and the Flood Elevation ranges from 226 to 240 NGVD. The project will construct berms to protect the site from the 100-year flood. The berms will be constructed to an elevation of 240 NGVD. A Nationwide Permit 14 (for road crossings) will be required by the Corps of Engineers for constructing the road crossing with the 3-48 inch diameter culverts. Additionally, the RWQCB will require certification or waiver of water quality pursuant to Section 401 of the Clean Water Act. A Notice of Intent and Storm Water Pollution Prevention Plan will be required pursuant to Section 402 of the Clean Water Act. The Department of Fish and Game will require a streamed alteration permit. These permits and a 404 permit from the Corps of Engineers may also be required for construction of the flood protection berms. All storm drainage from the project will remain on-site. t. CULTURAL RESOURCES: The excavator shall cease all construction and excavation work immediately upon the discovery of cultural resource materials. Such work shall cease until the excavator has complied with the requirements of Appendix K of the CEQA Guidelines.