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become the standard reference on California's rare and endangered plants. Plants listed by CNPS <br /> on Lists IA, 1B,or 2 but not officially listed by the State nevertheless receive recognition under <br /> CEQA; that is,impacts to these CNPS-listed species are considered to be.significant. (Refer to <br /> Table D-1 for CNPS listing categories.) <br /> In addition to the protected species designations listed in Table D-1,the CDFG has developed a <br /> list of"Species of Special Concern." These species are defined as having California breeding <br /> populations which are of special concern in that they may face extinction within the State in the <br /> near future. By so listing a species,the CDFG draws attention to the potential for future <br /> designations of such species to a more protected status. <br /> INFORMATION CONCERNING PERMIT OF INCIDENTAL TAKE <br /> Because habitat for listed species occurs within the project area activities associated with project <br /> development must be accomplished in a manner that legally complies with provisions of the <br /> Federal Endangered Species Act. Thus,to the extent practical,corridor allignment and <br /> construction should be located to avoid habitat of the listed endangered or threatened species or <br /> areas of their actual or potential habitat. Similarly,it would be preferable to avoid impacts to <br /> candidate taxa, although these taxa do not enjoy the same legal protection as endangered or <br /> threatened taxa. <br /> Section 9 of the Federal Endangered Species Act prohibits"take"of an endangered or threatened <br /> species or its habitat. In this case loss of individuals of listed species or their habitat could be <br /> interpreted as"take"of these species. Ideally, all potential habitat within the project corridor <br /> should be protected from construction activities to avoid illegal "take". Also,after construction <br /> activities are completed,it will be important to ensure that remaining habitats are not accidentally <br /> i destroyed during routine maintenance of the roadway or by other activities associated with this <br /> ■ project. <br /> Pursuant to provisions of the Endangered Species Act,legal take of listed species and their <br /> habitat may be allowed either via a Section 7 consultation if there is involvement by a Federal <br /> agency in the project(for example U.S. Army Corps of Engineers)or via the Section 10(a) <br /> permit for"incidental take"if there is no Federal agency involvement. The Section 10(a)permit <br /> is contingent upon the approval by the USFWS of a habitat conservation plan(HCP)for the <br /> affected area. The affected area is generally a significant portion of the threatened species range, <br />