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Mr. Chandler Martin 2 <br /> wildlife species. Take may include significant habitat modification or degradation where it <br /> actually kills or injures wildlife by significantly impairing essential behavioral patterns, including H-3 <br /> breeding, feeding,or sheltering (50 CFR Section 17.3). Participation in the SJMSCP includes cont. _ <br /> monetary compensation prior to ground disturbance to offset impacts to species habitat and open <br /> space, and agreeing to abide by incidental take minimization measures designed to reduce <br /> impacts to species as much as possible. <br /> For the portion of the project in Stanislaus County, the applicant may need to obtain take <br /> coverage through one of two procedures. If a Federal agency is involved with the permitting, <br /> funding, or carrying out of this project, then initiation of formal consultation between that agency <br /> and the Service pursuant to section 7 of the Act is required if it is determined that the proposed <br /> project may affect a federally-listed species. Such consultation would result in a biological H-0 <br /> opinion that addresses anticipated effects of the project to listed and proposed species and may <br /> authorize a limited level of incidental take. If a Federal agency is not involved with the project, <br /> and federally-listed species may be taken as part of the project, then an incidental take permit <br /> pursuant to section 10 of the Act should be obtained. The Service may issue such a permit upon <br /> completion by the permit applicant of a satisfactory conservation plan for the listed species that <br /> would be affected by the project. <br /> We request that you notify the applicant and landowner that obtaining city or county permits <br /> (besides the SJMSCP) does not release them from responsibility under Section 9 of the Act. H-5 <br /> Please contact Jana Milliken or Susan Jones of the Sacramento Fish and Wildlife Office at(916) <br /> 414-6600, if you have any questions. <br /> Sincerely, <br /> Peter A. Cross I <br /> Deputy Assistatilfl Field Supervisor <br /> i <br /> cc: <br /> Steve Mayo, San Joaquin Council of Governments <br /> Dan Gifford, California Department of Fish and Game <br />