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o�PQS�vNs of T y�ym <br /> United States Department of the Interior <br /> N 9 <br /> n° FISH AND WILDLIFE SERVICE <br /> Sacramento Fish and Wildlife Office /yJgY ` FQ <br /> M'4RON 3 2800Cottage <br /> Californiae 58255 `Gmm41Oi 8 ZQQo <br /> W aeec.v ae�xro. �UBkB/p�mB/71 <br /> 1-1-00-TA-1608 May �Nb00 <br /> Kai Luoma <br /> San Joaquin County Community Development Department <br /> Development Services Division <br /> 1810 East Hazelton Avenue <br /> Stockton, California 95205-6232 <br /> Subject: Application No. SA-00-15; Site Improvement Application: Speculative <br /> Warehouse, City of Stockton, San Joaquin County, California <br /> Dear Ms. Luoma: <br /> We have reviewed your Memorandum dated April 19, 2000,received in this office April 24, <br /> 2000 for the development of a 113,000 square foot speculative warehouse and adjacent parking <br /> area(Project). The property is located at 7679 Longe Street, Stockton, San Joaquin County <br /> (Assessors Parcel Number: 177-260-29). Our comments address issues related to the <br /> Endangered Species Act of 1973, as amended(Act). <br /> Section 9 of the Act and Federal regulation pursuant to section 4(d) of the Act prohibit take <br /> (harass, harm,pursue, hunt, shoot, wound,kill, trap, capture, or collect, or attempt to engage in <br /> any such conduct) of listed species of fish or wildlife without a special exemption. Harass is <br /> defined as an intentional or negligent act that creates the likelihood of injury to a listed species by <br /> annoying it to such an extent as to significantly disrupt normal behavioral patterns which include, <br /> but are not limited to breeding, feeding, or sheltering. Harm is defined to include significant <br /> habitat modification or degradation that results in death or injury to listed species by significantly <br /> impairing behavioral patterns such as breeding, feeding, or sheltering. <br /> Take incidental to an otherwise lawful activity may be authorized by one of two procedures. If a <br /> Federal agency is involved with the permitting, funding, or carrying out of this project, then <br /> initiation of formal consultation between that agency and the U.S. Fish and Wildlife Service <br /> (Service)pursuant to section 7 of the Act is required if it is determined that the proposed project <br /> may affect a federally-listed species. Such consultation would result in a biological opinion that <br /> addresses anticipated effects of the project to listed and proposed species and may authorize a <br />