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PQ�M��r ox ryF I [TS. 1 y� 1'1!418WN%wei'mV GS:'IPF a United States Department of the Interior Awl - -a9 . FISH AND WILDLIFE SERVICE ARCH 3 �$ Sacramento Fish and Wildlife Office vED 2800 Cottage Way,Room W-2605 FOW Sacramento,California 95$254$46. MAY 0 3 2010 Community Development Dept. In reply refer to: Building 1 Piannena 81420-2010-TA-0599-01 - APR 2 3 2010 . Ms. Mo Hatef San Joaquin County Community Development Department 1810 East Hazelton Avenue i Stockton, CA 95205 I Subject: Response to Site Approval Application PA-1000065 (SA)by Energy Alchemy, LLC, San Joaquin County, California , Dear M;s.Hatef. The U.S. Fish and Wildlife Service(Service)has received notification of the Site Approval Application PA-1000065 (SA) to build two wind turbines (APN 209-430-01). Your letter dated j March 24, 20I0, was received in our office on March 25, 2010. This response is in accordance with section 7 of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.; Act). Energy Alchemy, LLC,proposes to construct two, 226-foot-tall, electricity-generating, wind .turbines, each with three I00-foot-long blades and 500-square foot concrete foundations. The maximum overall height will be no more than 361 feet. The generated power will be used by the on-site warehouse distribution center.' The project is located at 16900 W. Schulte Road,Tracy, San Joaquin County, at approximately 200 feet sea level. The proposed Reclamation End Use is Cattle Grazing/Agricultural Use. The Property is zoned I-L(Limited industrial) and the General Plan Designation is UL (Limited Industrial. Please find a species list for this project site enclosed. The Service has reviewed the proposed project for potential impacts to federally-listed threatened or endangered species and, since the project will be occurring on an already-paved site;there should not be any impacts to.these species. The proposed project is also subject to compliance with the Migratory Bird Treaty Act (50 CFR Section 1 0.13 and 16 U.S.C. 703-711; MBTA). MBTA law states that one"may not knowingly pursue, hunt, take, capture, kill, attempt to take, capture or kill,possess, offer for sale, sell, offer to purchase, deliver for shipment...or export...any migratory bird._or any part,nest, or.egg of any such bird." MBTA violation constitutes a felony and carnes penalties of$250,000 fine per individual, $500,000 fine per TAKE RIE'O INAM E