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Mr. Michael Jewell 17 anticipated amount or extent of incidental take be exceeded, the Corps must reinitiate formal consultation as per 50 CFR 402.16. The Service must be notified within one (1) working day of the finding of any injured or dead listed species or any unanticipated damage to its habitat associated with the proposed project. Notification will be made to the Assistant Field Supervisor of the Endangered Species Program at the Bay Delta Fish and Wildlife Office at (916) 930-2664, and must include the date, time, and precise location of the individual/incident clearly indicated on a U.S. Geological Survey 7.5 minute quadrangle or other maps at a finer scale, as requested by the Service, and any other pertinent information. When an injured or dead individual of the listed species is found, the Corps (during construction) or the local sponsor (during maintenance) shall follow the steps outlined in the Disposition of Individuals Taken section below. The Corps shall incorporate this notification information as a requirement in the OMRRR. 2. The Corps or Applicant, as appropriate will document, monitor, and report the actual amount of take of listed species and listed species habitat for project construction of each discrete phase or contract of the project, and submit a post -construction monitoring report within 180 days of completion. This document will include: (a) photo -documentation immediately before construction, and after completion of construction; (b) a comparison of the as -built effects on listed species habitat with that described in Term and Condition No. 1; and (c) a summary table of construction monitoring to verify that the monitoring extent and frequency are consistent with that proposed, the sightings of any listed species, and any observed effect on habitat beyond that described in the design. 3. The Corps will develop a requirement in its OMRRR manual for the local sponsor or Applicant, as appropriate to maintain a record of operations and maintenance activities as they affect listed species and reporting of such in an annual report to the Service. The report will cover calendar year activities, and be submitted to the Service by March 1 of the year following. This requirement will include a record of the dates, types, locations, areas, and frequencies of maintenance activities, extent of compliance with conservation measures in this biological opinion associated with maintenance, and the take of any listed species or lack thereof. Example parameters may include areas mowed within 30 ft of snake habitat, a tally of the number of rodent holes grouted within 30 ft of snake habitat in particular areas, the number of elderberry shrubs present, avoided, trimmed, or removed, and so on. The Corps will provide a draft of this requirement to the Service for review and concurrence that it adequately documents the effect of maintenance on listed species. If the Service concurs, the Corps may proceed with finalizing its OMRRR manual. If we do not concur, we will specify our reasons and alternative language that fulfills this need. 4. Additional Reporting: Within 90 days of completion of the last data collection of the year for each monitoring requirement, the Corps will submit, or require the Applicant to submit, as appropriate: (a) baseline and annual reports of the health and condition of elderberry shrubs not directly affected, but within 100 ft of project work (one baseline and two post -construction reports per construction phase); and any associated additional mitigation; (b) preconstruction and, at 5 -year intervals until construction is complete,