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_ _ _ _ _ _ ___,,, IV= • PAGE 19/30 <br />the formulation of any reasonable and prudent alternative meaures <br />which would not violate subsection (a)(2) of this section." 16 <br />U.;>.C. § 1536(d). The purpose of section 7(d) is to maintain the <br />status quo pending the completion of interagency consultation- <br />98. The action agency shall request reinitiation of <br />consultation °where discretionary Federal involvement or control <br />over the action has been retained or is authorized by law and . <br />a new species is listed or critical habitat designated that may <br />be .affected by the identified action.° 50 CFR ~ 402.16. <br />49. At the conclusion of the consultation process, the Fws <br />provides the action agency with a biological opinion as to <br />whether jeopardy or adverse modification is likely to occur due <br />to the action and, if so, setting forth the reasonable and <br />prudent alternative measures that could avoid jeopardizing the <br />continued existence of the species or adversely modifying its <br />critical habitat. 16 U.S.C. ~ 1536(b}(3)(A)_ <br />50. The groposed sand and gravel mine expansion may affect <br />the i?reble's meadow jumping mouse and its known habitat within <br />the Flock Creek drainage. The Proposed Mining Area contains one <br />of the worlds only stable, viable and self-sustaining <br />populations of the Preble's meadow jumping mouse. <br />51. ESA regulations define "action" very broadly to include <br />the granting of licenses and easements, and "actions directly or <br />indirectly causing modifications to the land, water, and air." 50 <br />C_F.R. § 402.02. Actions include ongoing action where the 40E <br />retails discretionary control. <br />Second Amrnded Complaint <br />14 <br />