United States Department ofthe Interior 

FISH AND WILDLIFE SERVICE 

Sacramento Fish and Wildlife Office 

2800 Cottage Way, Room W-2605 

Sacramento, California 95825-] 846 

In Reply Refer To: 

81420-2008-TA-1447-1 

SEp·O 8 20AECEIVED 

Gerardo C. Rios 

Chief, Air Permits Office SEP 1 7 2008 

U.S. Environmental Protection Agency, Region 9 

75 Hawthorne Street Air Division. AIR - 3 

San Francisco, California 94105-3901 U,S. EPA, REGION 9 

Subject:	 Avenal Power Center, LLC Avenal Energy Request for Formal
 

Consultation under Section 7 of the Endangered Species Act.
 

Dear Mr. Rios: 

This letter responds to your July 10,2008, request for Formal Programmatic Consultation for 

Avenal Power Center, LLC (applicant), proposed Avenal Energy Power Facility (proposed 

project). The U.S. Fish and Wildlife Service (Service) received your request on July 14,2008. 

Submitted on May 12,2008 and received in this office on May 13,2008 in a separate 

correspondence sent by the applicant was the Avenal Energy Project, LLC Application for 

Certification to the California Energy Commission, section 2.0 and section 6.6, (biological 

assessment) prepared by TRC Solutions in April 2008. The Service has agreed to accept this 

document as the biological assessment for the proposed project. Additional information, 

requested from the applicant on July 29, 2008 was received by the Service on August 18, 2008. 

The applicant proposes to construct and operate a 600 megawatt combined-cycle electric power 

generating plant and ancillary facilities on a 148 acre parcel in the City of Avenal, Kings County, 

California. Your letter identified the following federally-listed species as species that may be 

affected by the project: San Joaquin kit fox (Vulpes macrotis mutica), blunt-nosed leopard lizard 

(Gambelia sila), Californiajewelflower (Calanthus californicus), and San Joaquin wooly-threads 

tLambertia congdonii). Per the biological assessment the site designated for the proposed project 

has been disturbed by agricultural production for 50 years. The blunt-nosed leopard lizard 

(Gambelia sila), Californiajewelflower (Calanthus californicus), and San Joaquin wooly-threads 

(Lambertia congdonii) require undisturbed alkali scrub or alkali grasslands. The Service 

believes that the project as proposed is unlikely to adversely affect the blunt-nosed leopard lizard 

(Gambelia sila), Californiajewelflower (Calanthus californicus), and San Joaquin wooly-threads 

(Lambertia congdonii). The proposed project may adversely affect the San Joaquin kit fox 

(Vulpes macrotis mutica). We are discussing a setback from the canal with the applicant to 

benefit the kit fox. 

TAKE PRIDE~J
 

INAMERICA.~
 
Mr. Gerardo C. Rios 2

The Service has reviewed your letter and the biological assessment and has determined that we 

have not received all of the information necessary to initiate formal consultation as outlined in 

the regulations governing interagency consultations (50 CFR § 402.14). We are requesting 

additional information that will allow us to assess and analyze project effects. 

The following questions relate to information from the biological assessment. 

1) On page 2-50 in section 2.3.18.7 - Construction Offices, Parking and Laydown Areas, is the 

statement, 'a security fence will be installed around the Site boundary, including laydown areas'. 

a) What type of security fence will be placed around the Site boundary (barbed wire, 

chain-link, cyclone)? 

b) Will this security fence remain around the Site boundary during operation? 

c) What is the total acreage inside this fencing? 

d) Will there be additional fencing separating plant facilities from the remainder of the 

site? 

e)What type of fencing will be placed around the plant facilities? 

f) How many acres are within the fencing for the plant facilities? 

2) On page 2-50 in section 2.3.18.6 - Mobilization, is a statement that gravel and road base 

material will be used for 'temporary' roads, laydown, parking and work areas. Per Figure 2.3 ­

12, this totals to 35.25 acres potentially covered in gravel and/or road base materials (24.10 acres 

construction laydown, 3.05 acres heavy equipment parking, 4.5 acres craft parking, 1.45 acres 

staff parking, 2.15 acres temporary road access). 

a) How much of this 35.25 acres will remain covered in gravel or road base material once 

construction is complete? 

b) Other than the 35.25 acres so outlined in Figure 2.3-12, will there be any areas not 

currently included as permanent impacts that will be areas covered in road material or 

gravel? 

3) On page 2-52, table 2.3-7 gives an estimate of 28 acres temporary disturbance for the 

construction ofthe power generation facility. A review of the acreage provided in Figure 2.3-12 

suggests these numbers should be 33.1 acres temporary disturbance. 

a) Please provide details of the temporary disturbance calculation for the power 

generation facility that resolves this discrepancy. 

Until we receive the information requested and required by 50 CFR 402.14(c) and 50 CFR 

402.14 (d), the Service will not begin the formal consultation process for the project. We will 

notify your office when we receive this additional information. Ifwe have not received this 

information within 60 days of the date ofthis letter, we no longer track this action as an active 

endangered species consultation. Reinitiation of consultation will require a letter from you that 

includes the requested information. 
Mr. Gerardo C. Rios 3 

We appreciate your efforts to conserve federally-listed species and your efforts to reduce the 

potential effects to listed species that may result from the Avenal Power LLC Avenal Energy 

project. If you have any questions or concerns about this consultation, please contact Shelley 

Buranek or Susan Jones of my staff at (916) 414-6600. 

Sincerely, 

Peter A. Cross 

Deputy Assistant Field Supervisor 

cc: 

California Department ofFish and Game, Fresno (Mr. Justin Sloan) 

Avenal Power, LLC (Mr. Jim Renroad)