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Mr. Michael Jewell 5. CHANGE the following in Description of the Action, Conservation Measures: Delta Smelt, Compensation Measures on page 11, as follows: From: To: Compensation Measures • The Corps proposes to offset the permanent open water impact of an estimated 1 acre, due to construction of the two closures structures by purchase of 3 credits (acres) at a Service -approved conservation bank. • The Corps proposes to offset the effect of operation of the closure structures on tidal action in an estimated 233 acres combined in Fourteenmile Slough and Smith Canal by purchase of 120 credits (acres) at a Service -approved conservation bank. Compensation Measures The Corps proposes to offset the permanent impacts of complete loss of shallow water habitat, due to construction of the two closures structures by purchase of credits at a Service -approved conservation bank at a ratio of 3:1 (credits:acres of impact). For the Smith Canal gate, those impacts have been determined to be 0.82 acre, so the credit purchase will be 2.46 acres. The area of the Fourteenmile SIough gate impact is estimated to be 0.7 acre, so the credit purchase will be 2.1 acres. The Corps proposes to offset the permanent impacts of partial loss of shallow water habitat function within an estimated 68 acres in Smith Canal and 170 acres in Fourteenmile Slough, due to operation of the closure structures on tidal action and habitat access with: (a) for Smith Canal - purchase of'5 credits at a Service - approved conservation bank, and water hyacinth control within 4.6 acres east of the gate to maintain <20% coverage, and (b) for Fourteenmile Slough - purchase of 17 credits (acres) at a Service -approved conservation bank. 6. CHANGE the following on p. 19, Action Area as follows: From: The action area is defined in 50 CFR § 402.02, as "all areas to be affected directly or indirectly by the Federal action and not merely the immediate area involved in the action." For the purposes of the effects assessment, the action area includes all areas where any type of construction, ETL compliance action, or operation and maintenance action will occur; staging areas and transportation routes used for this construction (not specified at this time); areas to the east of the two closure structures where tidal exchange will be limited by operation of such structures (i.e., Fourteenmile Slough and Smith Canal); the portion of Fourteenmile Slough to the west of the proposed closure structure, where local tidal exchange will also be affected; and the