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Mr. Rick Giffin 2 Federal government agencies. Incidental take is defined as take that is "...incidental to, and not the purpose of, the carrying out of an otherwise lawful activity." Authorization for take requires a permit from the Secretary of the Interior that anticipates a specific level of take for each listed species. If a proposed project is authorized, funded, or carried out by a Federal agency, and may affect a listed species, then the Federal agency must consult with us on behalf of the applicant,pursuant to section 7 of the Act. In other words, any activity on private land that requires Federal involvement(such as the issuance of a section 404 permit under the Clean Water Act by the U.S. Army Corps of Engineers) and may affect listed species must be reviewed by us to insure that the continued existence of the species would not be jeopardized. During the section 7 process, measures to avoid or minimize for project effects to listed species and their habitat will be identified and incorporated into a biological opinion that may include an incidental take statement that authorizes incidental take by the Federal agency and applicant. If a proposed project does not involve a Federal agency, but is likely to result in the take of a listed animal species, then the landowner or project proponent should apply for an incidental take permit,pursuant to section 10 of the Act. When an application is made for an incidental take permit, measures to avoid, minimize, or mitigate for effects to listed species and their habitat should be identified and incorporated into a habitat conservation plan (HCP). The Service may issue such a permit upon the completion and submission of an adequate HCP for the appropriate listed species. At this point, you may should conduct Service-approved protocol surveys for appropriate listed animals and plants. Based on those results we can determine what, if any, appropriate measures are necessary to avoid impacts to listed species. Depending on the type of work contemplated, avoiding vernal pool boundaries by 250' is usually adequate to avoid impacts to the listed species that may inhabit the pools. We have attached a copy of the species list for the subdivision area (Clements Quad), which lists other federally-listed species and species of concern that may be utilizing habitat on your site. If you have any questions pertaining to these comments, please feel free to call Adam Zerrenner or Susan Jones of my staff at (916)414-6600. Sincerely, ar�' '`'`3 Jan C. Knight Chief, Endangered Species Division Enclosure cc: California Department of Fish and Game, Rancho Cordova, California (Attn: Larry Eng)