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Enron Mail |
Just wanted to update you on the Dept of Fish & Game 1603 notification.
I spoke with Clarence Mayott in the DFG Fresno office. He said based on his knowledge of the area and the information provided that our project should not require 1603 permitting. He did want to see the notification package and anticipates providing a letter stating that the project is outside the scope of Section 1600 of the Fish & Game code. He also commented on CEQA (Calif. Env. Quality Act) requirements, particularly the wildlife and habitat issues. He thinks that with the CESA 2081 permit and a letter from Kern County regarding the ministerial nature of this project, we might be able claim that CEQA has been addressed. This will be ultimately decided by either the Regional Water Quality Control Board (RWQCB) or State Rec Board as these are state agencies which may be issuing discretionary permits. If either of these agencies requires CEQA analysis, they may rely on the County's letter and the 2081 permit, or they would have to do their own CEQA analysis. I'm working on getting a letter from the Kern County Planning Dept. Do you have a copy of the 2081 documents? This is one document I never received from EOTT. -----Original Message----- From: Larry.Campbell@enron.com [mailto:Larry.Campbell@enron.com] Sent: Monday, February 05, 2001 4:33 PM To: Alan Forbess Subject: Re: Add to Form 1603 # 19 Thanx Alan. Alan Forbess <AForbess@wcenviro.com< on 02/05/2001 05:14:49 PM To: "'lcampbe@enron.com'" <lcampbe@enron.com< cc: Subject: Add to Form 1603 # 19 Plug this into the bottom of Page 2 of Attachment 1, which is our response to #19 of the Project Questionnaire. Also, you might consider inserting this into the cover letter just to drive the point home that we have CESA/FESA coverage under existing agreements. EOTT presently holds a Memorandum of Understanding (M.O.U. No. 2081-1997-97-4) with the California Dept. of Fish and Game pursuant to incidental take of species listed under the California Endangered Species Act (CSA) Section 2081. This M.O.U. applies to operations (including pipeline activities) related to the North Coles Levee Fractionator Plant and the Rogas rail facility. EOTT has also reached agreement with Kern Water Bank Authority (KWBA) to use their Section 10 (a) (1) (b) permit for incidental take of species listed under the Federal Endangered Species Act (FESA). Also, I spoke with Ed Purcell of Helt Engineering regarding the cross sections showing a trench depth of 7'. He said he will modify the drawings and e-mail upon completion. We should probably make note of this pending change somewhere in our materials (see item #8 on Pg 2 of Attachment 1).
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