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Mr. Michael Jewell To: 14 description of this biological opinion, and a determination that the effects are within the parameters of allowable take; (f) detailed survey protocols for implementing those measures shown in Appendix A of this biological opinion; and (g) a request to the Service for written concurrence with items 1(c) , l (e), and 1(f). If the Service concurs, we shall issue a letter of concurrence and the Corps may proceed with construction and OMRRR under this biological opinion. if we do not concur, we will specify our reasons and -the -Corps -must re=initiate formal -consultation. — In order to accurately estimate take, the Corps shall resurvey areas with pending construction for elderberry shrubs no sooner than one year prior to the onset of that construction. 1. For each discrete phase or construction contract, after designs are completed but before commencement of construction, the Corps or Applicant, as appropriate, will submit to the Service: (a) a pre -construction accounting of the actual amount of listed species habitat which will be temporarily and permanently affected by that phase of the project, specifically (i) areas of upland and aquatic habitat for the snake, (ii) numbers of elderberry shrubs and stems in the diameter classes considered habitat for the beetle in accordance with the Conservation Guidelines, and (iii) areas of Shallow Water Habitat as habitat for the smelt affected by the project including the footprint of proposed gate structures, the operational periods of such gates, and the area(s) isolated by such gates; (b) a cumulative accounting of the effects on listed species habitat of all phases constructed to date; (c) a narrative describing how the already constructed plus additional proposed work effects fall within the take limits described in this biological opinion; (d) documentation of the acquisition of credits or completed separate construction of any required compensation habitat needed to offset the effects of any proposed project construction; (e) its approved ETL variance for that phase, with a narrative explaining how it is consistent with the project description of this biological opinion, and a determination that the effects are within the parameters of allowable take; (f) detailed survey protocols for implementing those measures shown in Appendix A of this biological opinion; and (g) a request to the Service for written concurrence with items 1(c) ,1(e), and 1(f). If the Service concurs, we shall issue a letter of concurrence and the Corps may proceed with construction and OMRRR under this biological opinion. If we do riot concur, we will specify our reasons and the Corps must re-initiate formal consultation. In order to accurately estimate take, the Corps or Applicant, as appropriate, shall resurvey areas with pending construction for elderberry shrubs no sooner than one year prior to the onset of that construction. 13. CHANGE the following in Terms and Conditions, on p. 34, as follows: From: 3. The Corps will prepare and submit to the Service for approval, a fisheries protection plan to monitor and protect delta smelt that may be affected by in -water work outside of the