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Ms. Mo Hatef 2 <br /> organization. and two years' incarceration. There are several species that are covered under the <br /> jurisdiction of the MBTA that occur on or near the project site, including, but not limited to, the <br /> following: ferruginous Hawk (Buteo regalis), Swainson's Hawk (Buteo swainsoni), Tricolored <br /> Blackbird (4gelaius tricolor), and the Western Burrowing Owl (Achene cunicularia). Please <br /> contact Marie Strassburger, Migratory Bird Chief for Region 8, Service, at (916) 414-6727 for <br /> information on additional avoidance and minimization measures that may be required for MBTA <br /> compliance. <br /> This concludes the Endangered Species Program's review of the proposed Site Approval <br /> Application PA-1000065 (SA) by Energy Alchemy, LLC, San Joaquin County, California, and <br /> no further coordination with the Service under the Act is necessary at this tune. Please note, <br /> however, that this:letter does not authorize take of listed species_ As provided in 50 CFR <br /> §402.14, initi ttiori'of forrrial consultation is required where there is discretionary Federal <br /> in'r'Oi'viiTiCl7t or CGn`ar01 over the acttoiY(or ss authorized by law) and in <br /> f: 1 ew in-Lorrfia ion <br /> reveals the effects of the agency action that may affect listed species or critical habitat in a <br /> manner or to an extent not considered in this review; 2) the agency action is subsequently <br /> modified in a manner that causes an effect to the listed species or critical habitat that was not <br /> considered in this .review; or 3) a new species is listed or critical habitat designated that maybe <br /> affected by the action. <br /> I'he Service wishes to thank you for your continued efforts and dedication to the conservation of <br /> America's wildlife resources. Please contact Ellen R. McBride at (916) 414-6630 if you have <br /> questions regarding this response. Please refer to Service file number 81420-2010-TA-0599 in <br /> any future correspondence. <br /> Sincerely, <br /> usan P. Jones <br /> Chief, San Joaquin Valley Branch <br /> cc- <br /> Mr. Dan Gifford, California Department of Dish and Game, Rancho Cordova, California <br />