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Enron Mail |
The State Take Permit and the Consevation Easement were mailed yesterday.
Please let me know if you don't receive them by Friday. You are quite right that the State Permit covers only state rare, threatened and endangered species. However, with the sole exception of the San Joaquin Antelope Squirrel (which is state listed only), all state listed animal species are federally listed as well. (Though the lists are virtually identical, the "rankings" on each list are not; that is, a species considered "endangered" by the state may only be considered "threatened" by the feds, and vice-versa,etc.) Listed species of plant, on the other hand, are not the same federally and state. Plus, there indeed are species of concern within the easement that are not yet listed. Randi McCormick has some pretty comprehensive listings on both of these points (that is, lists of federally and state rare, threatened and endangered species of plants; and species of concern.) I'll have her send info on this to you. Lastly, I don't have a contact with the State Database folks, and I don't think we've ever dealt with them. I apologize if I seemed argumentative about Kenny -- I wasn't meaning to be. I just wanted you to understand how and why that designation came about. In any event, I would very much look forward to discussing with you and/or Larry, and/or whomever else you think should be involved, the habitat training issue, the status and further processing of our Federal Take Permit Application, and related topics. Thanks. --ETA John Shafer@ENRON 01/23/01 12:55 PM To: Edward Attanasio/Remote/Eott@EOTT cc: Louis Soldano/ET&S/Enron@ENRON, Molly Sample/Houston/Eott@Eott, Randy Rice/OTS/Enron@ENRON, Rich Jolly/ET&S/Enron@ENRON, William Kendrick/OTS/Enron@ENRON, Larry Campbell/ET&S/Enron@ENRON Subject: Re: NCL Preserve History - Bakersfield Ed, Maybe you didn't forward the copy of the Arco USFWS ITP on to Lou (which was sent on to me), regardless what I have in my possession is entitled "US Fish and Wildlife service - Incidental Take Permit No. 809228",dated 3/1/96 and made out to a permittee named: Arco Western Energy. It is helpful to have it and I am grateful to whomever sent it my way. I do appreciate your relating the chain of custody of the federal permit for the North Coles Levee Ecosystem Preserve (NCLEP). Thanks also for sending Randi's phone numbers. I would appreciate a copy of the CDFG permit that has been assigned to EOTT and a copy of the Conservation Easement. I assume that the State CDFG permit relates to only state rare, threatened and endangered species or does it also cover the federally listed species? Are there any species of "concern" that the CDFG are working with within the easement boundaries beyond those officially listed? Do you have a contact with the California Natural Heritage Program, California Natural Diversity Database (within the Califormia Dept. of Fish & Game) that you have been visiting with about the NCLEP? Again, I am not trying to argue the point about Kenny Maltby. My point to you and others is that Kenny plainly told me that he has no comprehensive knowledge about the permit and the requirements of the permit. He said he relies on you and Randi McCormick for that. Your attempt to "stop-gap" (with Kenny since Gary had departed) to ensure representation in the field for the CDFG is understood. I will want to further discuss with you the need to possibly have more people knowledgeable in the matters of the permit and involved in the execution of the same with the CDFG. From: Edward Attanasio@EOTT on 03/07/2000 07:15 PM To: John Shafer/OTS/Enron@ENRON cc: Louis Soldano/ET&S/Enron@ENRON, Molly Sample/Houston/Eott@Eott, Randy Rice/NA/Enron@ENRON, Rich Jolly/ET&S/Enron@ENRON Subject: Re: NCL Preserve History - Bakersfield I don't believe I sent you the Arco USFWS ITP. No federal take permit was ever assigned to EOTT by Koch because Koch represented that it did not have such a permit; rather, it purportedly was having discussions with USFWS re this issue pending at the time of the asset sale to EOTT. As I understand it, any such federal permit was not assigned by Arco to Koch, for whatever reason and, consequently, EOTT ended up not having a federal permit assigned to it by Koch. Instead, we took over the application process from Koch. That application is still pending. The permit from which I quoted in the email was the California Department of Fish and Game ITP between CDFG and Koch, which was assigned to EOTT in connection with the asset purchase. I'll be happy to send you a copy, along with a copy of the Conservation Easement that is referenced in my last email. Regarding Kenny Maltby, the short answer is, of course, ETS can -- and indeed should -- designate whomever it thinks best to be the "representative responsible for communications with the [CDFG] and for oversing the compliance with the take permit." But, as of last Wednesday, the designated representative was Gary Fuller. Matt Hughes, et al, informed me that they wanted to begin construction on the Rogas Line by February 1, and possibly as early as January 23. Consequently, a new representative had to be named on short order (in fact, the permit technically requires such notice 30 days in advance of "ground disturbing activities." While the CDFG will cut us some slack in view of Gary's departure, that indulgence is probably not limitless.) I continue to believe that Kenny M was the only logical choice. While I believe Rick Suderman and Scott Jones specifically (and all plant employees generally) are aware of the habitat and a number of the operational issues covered by the take permit, I believe Kenny has a more comprehensive knowledge of the permit requirements in their entirety (including preconstruction and construction measures, and compensation acreage requirements), as well as how they apply to pipeline construction generally and this project specifically. (I tend to think that Kenny's "warm body" comment is more a reflection of his modesty than the intent here: in fact, I thought of Kenny only because I did not want just a warm body appointed.) Simply put, I was attempting a stop-gap measure to ensure that this specific project got off the ground on ETS's own schedule; I was in no way attempting to dictate who would be the representative for the long term. Randi McCormick's phone is 661-589-4065, and her fax is 661-619-0372. If you need anything else, please let me know. Thanks. --ETA John Shafer@ENRON 01/22/01 05:31 PM To: Edward Attanasio/Remote/Eott@EOTT cc: Louis Soldano/ET&S/Enron@ENRON, Molly Sample/Houston/Eott@Eott, Randy Rice/NA/Enron@ENRON, Rich Jolly/ET&S/Enron@ENRON Subject: NCL Preserve History - Bakersfield Ed, Lou forwarded your email on to me and I appreciate getting it. The information I received (I assume from you) is actually a copy of a USFWS Incidental Take Permit (ITP), dated 3/1/96 which is related to a "Habitat Conservation Plan" (HCP) covering a portion of the San Joaquin Valley floor in Kern County, CA. The permittee is shown as Arco Western Energy. I am assuming that the ITP was transferred to Koch and then subsequently to EOTT as those property sales consummated. In order to more fully understand how this permit relates to the EOTT facilities, could I obtain a copy of the permit from which you are quoting in your email (I don't find those sections or quotes in the copy Lou forwarded)? I found a paragraph very interesting in your email relating that "Kenny Maltby" is the designated "representative responsible for communications with the California Department of Fish and Game and for overseeing the compliance with the 'take permit'" and that the two of you are the only personnel in California who are aware of the Permit and its requirements. It is my understanding that Kenny reports into Randy Rice's organization and works for Rich Jolly. I believe that Kenny was only designated last Friday, by a letter mailed to California Game and Fish as such a representative and in his own words he is: "a warm body for the California Game and Fish to contact related to the permit." I have no problem with Kenny being a contact during the pipeline construction in the area, but may want to make some further changes on contacts as we learn more about the Conservation Easement and its restrictions. I recall, that Randi McCormick was the CWB being used for work in the Conservation Area and I plan to give her a call. By the way, can you please furnish her phone number for me. Again, please furnish a more complete copy of the permit and any other information that might explain more fully the easement and its requirements. Thanks, John
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