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Mr. Michael Jewell 18 <br />reports documenting quantities of alternative snake refugia; and (c) pre- and post - <br />construction reports of delta smelt sampling in Fourteenmile Slough and Smith Canal. <br />REINITIATION—CLOSING STATEMENT <br />This concludes this reinitiation of formal consultation on the Lower San Joaquin River <br />Feasibility Study; Smith Canal Gate SPK -2016-00037. As provided in 50 CFR §402.16, <br />reinitiation of formal consultation is required where discretionary Federal agency involvement or <br />control over the action has been retained (or is authorized by law) and if (1) the amount or <br />extent of incidental take is exceeded; (2) new information reveals effects of the agency action <br />that may affect listed species or critical habitat in a manner or to an extent not considered in this <br />opinion; (3) the agency action is subsequently modified in a manner that causes an effect to the <br />listed species or critical habitat not considered in this opinion; or (4) a new species is listed or <br />critical habitat designated that may be affected by the action. In instances where the amount or <br />extent of incidental take is exceeded, any additional take will not be exempt from the <br />prohibitions of section 9 of the Act, pending reinitiation. <br />If you have any questions regarding this reinitiation, please contact Steven Schoenberg of my <br />staff at (916) 930-5672. <br />Sincerely, <br />Kaylee Allen <br />Field Supervisor <br />cc: <br />Chandra Jenkins, Corps of Engineers, Sacramento, CA <br />Tanis Toland, Corps of Engineers, Sacramento, CA <br />Howard Brown, National Marine Fisheries Service, Sacramento, CA <br />Jeff Drongesen, Region II, California Department of Fish and Wildlife, Sacramento, CA <br />Jim Starr, Region III, California Department of Fish and Wildlife, Stockton, CA <br />Ruth Darling, Department of Water Resources, Sacramento, CA <br />Chris Elias, San Joaquin Area Flood Control Agency, Stockton, CA <br />