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Mr. Michael Jewell CONSULTATION HISTORY 2 June 13, 2016: Seivice issues its BiOp on the LSJRFS that includes gates on Fourteennide Slough and Smith Canal among elements to improve flood risk management in the Stockton urban area. The project description for the LSJRFS in the BiOp specifies pre -construction purchase of 123 conservation bank credits for effects to smelt and its critical habitat of construction-and-to-233-acr-es-o-f-Shallow—W--ater-Habitat-from_oper_ation ofthe_twn_gates._ The LSJRFS BiOp Terms and Conditions (T&C) requires a fisheries protection plan (T&C #3) and 3 - year pre- and post -construction fish sampling plan (T&C #4) for smelt. October 22, 2018: Service receives the Corps' October 19, 2018, request for formal consultation on issuance of Army perrrit for the Smith Canal Gate project and associated BA, which noted the project had been revised since issuance of the 2016 BiOp. November 30, 2018: Services issues letter of information request to the Corps requesting evaluation of compensatory mitigation consistency or deviation from the LSJRFS BiOp, frequency and duration of gate operation with sea level rise, and changes in project description since LSJRFS BiOp. February 12, 2019: Corps issues email response to information request, stating that compensatory mitigation for the project would occur at a ratio of 1:1 (credits:impact area) for permanent impact to 0.820 acre of "tidal perennial impact only," meaning the footprint of the gate and associated structures, referenced its BA for gate operations, and provided more detail on differences in project description. The Corps requested to confer with the Service. April 26, 2019: Service meets with Corps and permit applicant's consultant (ICF); discussion topics included the potential benefits to smelt of proposed water hyacinth control (not proposed in the LSJRFS), or other analysis, to justify the difference (reduction) in compensatory mitigation from that in the LSJRFS BiOp. Service requested an updated analysis/justification, which the consultant estimated would be provided in 1-2 weeks. May 16, 2019: Corps emails request for Service attendance at a site visit; includes forwarded attachment of October 2014 photos of water hyacinth extent in proposed project location from applicant's CEQA document. May 17, 2019: Service emails Corps reminder to respond more fully to our November 30, 2018 information request, as it pertains to worst case tidal prism impact and water hyacinth control benefit. May 28, 2019: Corps provides applicant consultant's follow up response to Service reminder and specifics on information requested, which details smelt catch statistics, closure period, and water hyacinth control/monitoring. May 30, 2019: Service attends site visit with Corps and applicant consultants (ICF, Peterson- Brustad); consultants further explain extent of proposed water hyacinth control limits. June 5 and 6, 2019: Service requests further information on Shallow Water Habitat area, water hyacinth removal, tidal prism effect, and costs.