i 

Avenal Power Center, LLC 

500 Dallas Street, Level 31 

Houston, TX 77002 

October 6, 2008 

RECEIVED 

Mr. Christopher Meyer OCT 08 2008 

Project Manager AIR DIVISION c/o Dockets Unit, 4th Floor U.S. EPA, REGION 9 

California Energy Commission 

1516 Ninth Street 

Sacramento, CA 95814-5512 

Ref:Supplemental Information Regarding a buffer along tIle San Luis Canal for Avenal 

Energy (08-AFe-I) 

Dear Mr. Meyer: 

Please find enclosed one original, twelve paper copies, and one CD of supplemental information 

regarding the proposed buffer along the San Luis Canal for Avenal Energy (08-AFC-I). Avenal 

Power Center, LLC ("Avenal") commissioned a study to assess the body of data available 

regarding buffers along the San Luis Canal and the enclosed data is the result ofthat study. The 

results ofthe study suggest that the width of the corridor is somewhat irrelevant to the successful 

use ofthe corridor by kit fox. Furthermore, there is no scientific, legal or policy evidence that a 

corridor beyond what Avenal proposes is necessary. Additionally, an existing approximately 

170 feet ofunobstnlcted land currently exists associated with the canal right of way. 

Notwithstanding the evidence that suggests that an additional buffer associated with the Avenal 

property may not be required, Avenal remains committed to the mitigation plan it has presented 

in the Application for Certification and clarified in Data Responses #7 & 9. More specifically, 

we remain committed to providing a 300-foot setback from the San Luis Canal measured from 

the inside top ofthe bal1k of the callal, to provide additional mitigation for project activities. 

Avenal also notes that there is an additional 40 feet between the security fence and the boundary 

fence that will be undeveloped farm land and provide additional distance between routine plant 

operations and potential species of interest. 

Electronic copies, along with proof of service declaration, are being concurrently sent to each of 

the individuals on the attached proof of service list. 





ATTACHMENT 1 

September 22, 2008 Letter Report from Bumgardner Biological 

Consulting 
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. . . . . . . . . . . . . . . . . . . . . . . . . . . . Quality Biological Services Through Technical 

Proficiency and Experienced Management 

Bumgardner Biological Consulting 

September 22, 2008 

Joe Stenger 

TRC Solutions 

2666 Rodman Drive 

Los Osos, CA 93402 

Dear Mr. Stenger: 

Pursuant to your recent request, Bumgardner Biological Consulting has completed a 

review of published literature, resource agency documentation, biological resources 

databases, and other sources of available information and analyses related to habitat 

use and movement of the San Joaquin kit fox (Vulpes macrotis mutica) (SJKF) to 

determine if there is scientific data or established policy support for the U.S. Fish 

and Wildlife Service’s (USFWS) prescription for a linear movement corridor of 500 

feet between the proposed Avenal Energy project site and California Aqueduct. An 

extensive base of available information was reviewed, as reflected in the 

Bibliography and Literature Cited section at the end of this letter. Pertinent sources 

of information were obtained from the following: 

• Recovery Plan for Upland Species of the San Joaquin Valley, California 

(USFWS 1998); 

• San Joaquin kit fox references from the files of the USFWS’s 

Sacramento Field Office; 

• BIOSIS Previews®, Biological Abstracts®, and Zoological Record 

Online® data bases; 

• Melvyl Catalogue – The Catalogue of the University of California 

Libraries; 

• Google Scholar search engine; and 

• Personal communication with Brian Cypher, Ph.D. (California State 

University-Stanislaus, Endangered Species Recovery Program [ESRP]). 

Background 

Movement and dispersal corridors are considered critical to the population dynamics 

of SJKF, particularly since the taxon currently exists as a metapopulation consisting 

of multiple disjunct population centers. Movement and dispersal linkages are 

Michael Bumgardner 

Bumgardner Biological Consulting 

11571 Prospect Hill Drive 

Gold River, CA 95670-8216 
September 22, 2008 

Page 2 

important for alleviating over-crowding and intraspecific competition during years 

when SJKF abundance is high and are essential for recolonization. Movement 

between population centers also maintains gene flow and reduces the probability of 

inbreeding, genetic drift, and founder effects (USFWS 1998, Bjurlin, and Cypher 

2003). 

Several studies of SJKF support that the taxon utilizes linear corridors such as roads 

(Cypher et al. 2005); urban parkways (Beedy et al. 1992); and road, railroad, and 

canal right-of-ways (ROW) (Cypher unpublished data, Frost 2005, Warrick et al. 

2007) for movement. Furthermore, radio-telemetry studies in the Lost Hills area of 

northern Kern County and Santa Nella area of western Merced County have found 

that SJKF utilize these portions of the ROW of the California Aqueduct as a linear 

movement corridor (DFG 1995, Uptain et al. 2000, Clark et al. 2005, Warrick et al. 

2007, DFG 2008). 

Review 

Based on review of the current literature, no empirical data has been collected on the 

efficacy of linear corridor design (particularly corridor widths) in regards to the 

movement of SJKF. Studies that have addressed the use of corridors by SJKF have 

focused on other issues that include, but are not limited to: 

• differential use of ROW habitats and adjacent agricultural lands; 

• potential for movement between landscape features (i.e., connectivity); 

• movement and use of crossing structures; and 

• movement in urban environments. 

The study by Warrick et al. (2007) found that radio-telemetered SJKF occurred in 

ROW habitats associated with the California Aqueduct (i.e., San Luis Canal) at a 

much higher frequency than would be expected by chance, while SJKF were found 

on adjacent agricultural lands at a much lower frequency than would be expected by 

chance. This demonstrated habitat preference by SJKF is believed to be associated 

with low prey availability and lack of den sites on the agricultural lands. However, 

other studies of SJKF and the closely related swift fox (V. velox) indicate that the 

most important habitat parameter for these species is escape habitat (i.e., dens) 

(Clark et al. 2005, Moehrenschlager 2007). Avoidance of predation and other 

adverse, interspecific interactions with other, larger canids such as coyote (Canis 

latrans) and red fox (V. vulpes) appear to be more important than other factors 

(including prey availability). Therefore, corridor width as a design parameter 

appears to be less important than the density of potential escape habitat in the 

corridor. Further support for this hypothesis is provided by the study on SJKF 

movement in urban Bakersfield (Frost 1995). This latter study found that linear 

corridors (including relatively narrow corridors) were frequently used by SJKF, but 

in proportion to the availability of den sites. In addition, travel through those 

corridors without den sites occurred much more rapidly than in other corridors. 
September 22, 2008 

Page 3 

In an e-mail communication with Brian Cypher (ESRP), a leading researcher of San 

Joaquin kit fox, Mr. Cypher states: 

 “There are just a small handful of observations of foxes using corridors. 

What we don't know is the success rate of corridor use. For example, 

for a corridor with a given set of attributes, do 90% of foxes entering 

the corridor successfully negotiate it, or only 10%? And there are 

corridors and then there are corridors! If the goal is genetic exchange 

between populations, then you only need a very small percentage of 

individuals to successfully negotiate the corridor (some geneticists 

estimate one individual per generation). But if the goal is to maintain 

demographic exchange between areas, then you really want most of 

the animals using a corridor to successfully negotiate it. 

... Lately, there seem to be increasing calls for "corridors," but in 

many cases, the purpose of the corridor is poorly defined and usually 

ignores the fact that we don't know what constitutes a suitable corridor 

for the species.” 

Thus, Mr. Cypher’s statement supports the findings of this review (i.e., there are no 

current data or analyses regarding what is an appropriate linear corridor design for 

SJKF). 

Conclusions 

Linear corridor widths that have been utilized in biological opinions issued by the 

USFWS appear to be arbitrary and not based on empirical studies, measureable 

habitat parameters, or measureable rates of successful movement by SJKF. 

Furthermore, the acceptable linear corridor widths in biological opinions for other 

projects on the California Aqueduct or Delta-Mendota Canal (e.g., Formal Section 7 

Consultation on the Proposed Monte Dorado Project, Santa Nella, Merced County, 

California [199900272]) have been as low as 200 feet when measured from the edge 

of development to the “to [sic] of slope edge of canal”1 (USFWS 2004). Therefore, 

there is no scientific basis on which to evaluate the merits of a 500-foot wide 

corridor versus a 300-foot wide corridor as it relates to the movement of SJKF 

between the proposed Avenal Energy project and California Aqueduct. 

Notes: 1 Based on mapping of the corridor boundaries in Figure 6 in the Environmental Assessment for the 

Issuance of an Incidental Take Permit for the San Joaquin Kit Fox at the Arnaudo Brothers, WathenCastanos and River East Holding Sites Within and Adjacent to, the Santa Nella Community Specific 

Plan Area Merced County, California. (http://www.harveyecology.com/PDF/EA%20Phase%20I.pdf) 

the term “to of slope edge of canal” is assumed to refer to the in-board (i.e., canal side) toe-of-slope of 

the canal levee. 
September 22, 2008 

Page 4 

Bibliography and Literature Cited

Beedy, E. C., V. K. Getz, and D. A. Airola. 1992. Status of the San Joaquin kit fox 

(Vulpes macrotis mutica) in the urban Kern River Parkway, Bakersfield, 

California. Pages 47-54 in D. F. Williams, S. Byrne, and T. A. Rado, editors. 

Endangered and sensitive species of the San Joaquin Valley, California. 

California Energy Commission, Sacramento,California. 

Bjurlin, C. D. and B. L. Cypher. 2003. Effects of roads on San Joaquin kit foxes: a 

review and synthesis of existing data. Pages 397-406 in C. L. Irwin, P. 

Garrett, and K. P. McDermott, editors. 2003 Proceedings of the International 

Conference on Ecology and Transportation. Center for Transportation and 

the Environment, North Carolina State University, Raleigh, North Carolina. 

California Department of Fish and Game (DFG). 1995. San Joaquin kit fox 

crossing structure evaluation. Bay-Delta and Special Water Project Division. 

Stockton, California. 30 pp. +appendices. 

California Department of Fish and Game (DFG). 2008. California Natural Diversity 

Data Base. 

Cypher, B. L., S. E. Phillips, and P. A. Kelly. 2007. Habitat suitability and 

potential corridors for San Joaquin kit fox in the San Luis Unit - Fresno, 

Kings and Merced counties, California. California State UniversityStanislaus, Endangered Species Recovery Program, Fresno, California. 

Frost, N. 2005. San Joaquin kit fox home range, habitat use, and movements in 

urban Bakersfield. Master’s Thesis, Humboldt State University, California 

Grinder, M. I. and P. R. Krausman. 2001. Home range, habitat use, and nocturnal 

activity of coyotes in an urban environment. Journal of Wildlife Management 

65:887-898. 

Hardenbrook, D. B. 1987. Habitat usage and den sites of kit foxes in west-central 

Nevada. Master’s Thesis, Humboldt State University, California 

Kamler, J. F., W. B. Ballard, E. B. Fish, P. R. Lemons, K. Mote, and C. C. 

Perchelleta. 2003. Habitat use, home ranges, and survival of swift foxes in a 

fragmented landscape: conservation implications. Journal of Mammalogy 

84:989–995. 

Kintigh, K. M. and M. C. Andersen. 2005. A den-centered analysis of swift fox 

(Vulpes velox) habitat characteristics in northeastern New Mexico. American 

Midland Naturalist 154:229–239. 
September 22, 2008 

Page 5 

Koopman, M. E. 1995. Food habits, space use, and movements of the San Joaquin 

kit fox on the Elk Hills Naval Petroleum Reserves in California. Master’s 

Thesis. Department of Forestry and Resource Management, University of 

California, Berkeley, CA. 41 pp. 

Koopman, M. E., B.L. Cypher, and J. H. Scrivner. 2000. Dispersal patterns of San 

Joaquin kit foxes (Vulpes macrotis mutica). Journal of Mammalogy 81(1):213-

222. 

Lucherini, M., S. Lovari, and G. Crema. 1995. Habitat use and ranging behaviour of 

the red fox (Vulpes vulpes) in a Mediterranean rural area: is shelter 

availability a key factor? Journal of Zoology 237:577-591. 

Matlack, R. S., P. S. Gipson, and D. W. Kaufman. 2000. The swift fox in rangeland 

and cropland in western Kansas: relative abundance, mortality, and body 

size. Southwestern Naturalist 45:221-225. 

Moehrenschlager, A., R. List, and D. W. Macdonald. 2007. Escaping intraguild 

predation: Mexican kit foxes survive while coyotes and golden eagles kill 

Canadian swift foxes. Journal of Mammalogy, 88(4):1029–1039. 

Murphy, T. D. 1992. Kit fox distribution and activity in Bakersfield, California. 

Page 380 in D. F. Williams, S. Byrne, and T. A. Rado, editors. Endangered 

and sensitive species of the San Joaquin Valley, California. California 

Energy Commission, Sacramento, California. (abstract only). 

Nelson, J.L., B.L. Cypher, C.D. Bjurlin, and S. Creel. 2007. Effects of habitat on 

competition between kit foxes and coyotes. Journal of Wildlife Management 

71:1467-1475. 

O’Neal, G. T., J. T. Flinders, and W. P. Clary. 1987. Behavioral ecology of the 

Nevada kit fox (Vulpes macrotis nevadensis) on a managed desert rangeland. 

Pages 443-481 in H. H. Genoways, editor. Current mammalogy. Volume 1. 

Plenum Press, New York, New York. 

Rosatte, R. C., M. J. Power, and C. D. MacInnes. 1991. Ecology of urban skunks, 

raccoons, and foxes in metropolitan Toronto. Pages 31-38 in L. W. Adams 

and D. L. Leedy, editors. Wildlife conservation in metropolitan 

environments. National Institute for Urban Wildlife, Symposium Series 2, 

Columbia, Maryland. 

Uptain, C.E., D.P. Newman, P. A. Kelly, D. F. Williams, and B. L. Cypher. 2000. 

Analysis of San Joaquin kit fox movements and their use of crossing 

structures near the State Route 152/33 interchange, Merced County, 

California. California State University-Stanislaus, Endangered Species 

Recovery Program. Fresno, California. 35 pp. 
September 22, 2008 

Page 6 

U.S. Fish and Wildlife Service (USFWS). 1998. Recovery plan for upland species 

of the San Joaquin Valley, California. United States Fish and Wildlife 

Service, California/Nevada Operations Office, Portland, Oregon. 319 pp.

U.S. Fish and Wildlife Service (USFWS). 2004. Formal Section 7 Consultation on 

the Proposed Monte Dorado Project, Santa Nella, Merced County, California 

(199900272). Sacramento Fish and Wildlife Office, Sacramento,California. 

Warrick, G.D., H.O. Clark, Jr., P.A. Kelly, and D.F. Williams,and B.L. Cypher. 

2007. Use of agricultural lands by San Joaquin kit foxes. Western North 

American Naturalist 67:270-277. 

Zoellick, B.W., C. E. Harris, B. T. Kelly, T. P. O’Farrell, T. T. Kato, and M. E. 

Koopman. 2002. Movements and home ranges of San Joaquin kit foxes 

(Vulpes macrotis mutica) relative to oil-field development. Western North 

American Naturalist 62(2):152-159. 

Should you have any questions in regards to the information presented in this letter 

report please do not hesitate to contact me (916-638-7368). 

Michael Bumgardner 

Bumgardner Biological Consulting 
MICHAEL BUMGARDNER 

Principal, Bumgardner Biological Consulting 

Mr. Bumgardner has over 20 years of experience with the terrestrial vertebrates, invertebrates, and flora of North, Central, and South 

America; Asia; Africa; and western Europe. He also has over 18 years of experience in the management and preparation of environmental 

documents that comply with the National Environmental Policy Act (NEPA), California Environmental Quality Act (CEQA), Tahoe 

Regional Planning Agency (TRPA) Rules of Procedure, Federal Endangered Species Act (FESA), and California Endangered Species Act 

(CESA). He has extensive experience in the coordination and preparation of biological resource assessments, impact assessments, 

management plans, mitigation programs, and habitat conservation planning and permitting associated with special-status species.

TECHNICAL CAPABILITIES

• Experienced with the statutory requirements and guidelines 

for federal Endangered Species Act Section 7 

Consultations, Section 10(a)(1)(B) incidental take permits, 

Section 10(a)(1)(A) safe harbor agreements, and California 

Fish and Game Code Section 2081 management 

agreements and Section 2080.1 consistency determinations. 

• Experienced in the preparation of biological assessments 

and conservation strategies for state and federal threatened 

and endangered species and other special-status species. 

• Managed and conducted surveys for species including, but 

not limited to: valley elderberry longhorn beetle, California tiger 

salamander, arroyo toad, western spadefoot, mountain yellow-legged 

frog, California red-legged frog, desert tortoise, western pond turtle, 

blunt-nosed leopard lizard, giant garter snake, San Joaquin kit fox, 

California clapper rail, spotted owl, northern goshawk, burrowing owl, 

Swainson’s hawk, least Bell’s vireo, southwestern willow flycatcher, 

California gnatcatcher.

• Experienced in the management and preparation of 

environmental documents that comply with CEQA, NEPA, 

and the TRPA Rules of Procedure. 

• Experienced with impact analyses involving sensitive 

habitats and special-status species, designing feasible 

mitigation measures to reduce significant impacts on 

biological resources, and resolving project conflicts with 

biological resources. 

• Serves on the Science Subteam of the US Fish and Wildlife 

Service’s Recovery Team for the Santa Barbara County 

DPS of California tiger salamander. 

• Served as guest lecturer for course on Ecological Methods 

(Sierra Community College) and Conservation Biology 

(California State University - Sacramento). 

EDUCATION AND AFFILIATIONS

B.S., Zoology, June 1980, University of California at Davis, 

California 

Registrations 

Federal Scientific Take Permit No. TE-785564-6 for California 

Gnatcatcher (Polioptila californica californca), Southwestern 

Willow Flycatcher (Empidonax trailii extimus), California 

Clapper Rail (Rallus longirostris obsoletus), and California Tiger 

Salamander (Ambystoma californiense) 

California Department of Fish and Game Scientific Collector’s 

Permit #801214-01 and Letter of Authorization for Yellowbilled Cuckoo (Coccyzus americanus), Willow Flycatcher 

(Empidonax trailii), California Gnatcatcher (Polioptila 

californica californca), California Black Rail (Laterallus 

jamaicensis coturniculus), and California Clapper Rail (Rallus 

longirostris obsoletus) 

PROJECT EXPERIENCE 

State and Federal Endangered Species Act Compliance 

Sespe Oil Field Endangered Species Act/Permitting Assistance in 

Regards to California Condor, Seneca Resources 

Kettleman Hills North Dome Oil Field Blunt-Nosed Leopard 

Lizard Surveys, McCormick Biological and Chevron

California Red-legged Frog Monitoring, Salvage, and Relocation for 

the Marsh Creek Bridge Repairs, Sycamore Environmental 

Consultants and Contra Costa County Planning 

Department 

San Joaquin Kit Fox Potential Den Surveys and Clearance for the 

Vernalis-Thoming 3 & 4 Aggregate Mining Sites, Teichert 

Aggregates 

Least Bell’s Vireo and Southwestern Willow Flycatcher Surveys within 

Recreation Residence Tracts of the Angeles National 

Forest, Angeles National Forest 

San Joaquin Kit Fox Potential Den Surveys on 2,700+ Acres 

within The Villages at Laguna San Luis SUDP, Berryman 

Ecological LLC 

Review of Coachella Valley Multi-Species Habitat Conservation 

Plan and EIR/EIS (particularly for Peninsular Bighorn Sheep), 

Pacific Municipal Consults and City of Palm Springs 

Review and Comment on Proposed Critical Habitat for 

Southwestern Willow Flycatcher, Southern California Edison 

Soledad Canyon Sand and Gravel Mine Expert Witness Services, 

Jeffer, Mangels, Butler, and Marmaro LLP 

Angeles National Forest Fire and Vegetation Management 

Program Endangered Species Surveys and FESA 

Compliance, North State Resources, Inc. 

Northwest Casmalia Enhanced Oil Recovery Project California 

Tiger Salamander and California Red-legged Frog Habitat 

Assessment and Endangered Species Act Compliance, 

Santa Maria Pacific, LLC 

Kettleman Hills Waste Management Facility Class 1 Landfill 

Expansion Blunt-nosed Leopard Lizard Surveys and 

Endangered Species Act Compliance, TRC Solutions 

Zeneca Richmond Facility Saltmarsh Remediation Project 

California Clapper Rail Focused Survey and Habitat 

Evaluation/Impact Assessment, LFR Levine Fricke 

Los Flores Ranch Remediation Project California Tiger Salamander

Habitat Evaluation, Impact Assessment, and Alternative 

Land Use Development Strategy, Chevron 

White Paper on the Known Historic and Current Distribution of 

the San Joaquin Kit Fox in Eastern Merced and Stanislaus 

Counties and Western Madera County, Merced County 

UC Merced/University Community Federally Listed Vernal Pool 

Crustacean, California Tiger Salamander, Special-Status Plant, and 

San Joaquin Kit Fox/Fresno Kangaroo Rat Survey Programs 

and Biological Assessment, University of California and 

Merced County 

Turk Anticline 3-D Seismic Exploration Project Endangered 

Species Impact Avoidance Program, Enron Oil and Gas 

Company 

Stewart Tract Section 2081 Habitat Management Plan for 

Swainson’s Hawk, Califia Development 

Milpitas Recycled Water Pipeline Project Passive Relocation 

Program for Burrowing Owl, Santa Clara Valley Water 

District 
Natural Resource Management Projects 

California Tiger Salamander Distribution Study in Southern San Luis 

Obispo County, U.S. Fish and Wildlife Service 

Tulare Basin Wildlife Management Area Planning Assistance, 

U.S. Fish and Wildlife Service 

Hansen Creek (Nevada) Biological Monitoring Program, Getchell 

Gold Mine 

Lawrence Berkeley National Laboratory Biological Baseline 

Database, U.S. Department of Energy 

Environmental Baseline Study for a 10-year comprehensive plan 

that addresses 280+ petroleum-related projects in eastern 

Venezuela, Petroleos de Venezuela, S.A. 

Utility and Infrastructure Projects 

Biological Assessments and Monitoring for Various Projects on 

the U.S. Bureau of Reclamation’s Delta-Mendota Canal, San 

Luis & Delta-Mendota Water Authority 

Avenal Energy Project Application for Certification and 

Endangered Species Act Compliance, TRC Solutions 

Elk Grove Routine Stormwater Channel Maintenance Program 

Biological Assessment for Giant Garter Snake and Valley 

Elderberry Longhorn Beetle, City of Elk Grove 

Habitat Assessments for Southwestern Willow Flycatcher at Southern 

California Edison Facilities in the Santa Ana River 

Watershed, Southern California Edison 

Alba Phase 3 LNG Plant Preliminary Impact Analysis, 

Alternatives Analysis, and Environmental Impact 

Assessment (EIA) (Equatorial Guinea), Marathon Oil 

Company 

Mill Creek 2/3 Hydroelectric Project FERC Relicensing 

Southwestern Willow Flycatcher Expert Witness Services, 

Downy, Brand, Seymour, and Rohwer 

Santa Rosa Subregional Long-Term Wastewater Project EIR and 

Biological Assessment, City of Santa Rosa 

Southern Nevada Water Authority Treatment and Transmission 

Facility EIS and Biological Assessment, Southern Nevada 

Water Authority (Nevada) 

Biological Evaluations for Several Wastewater Infrastructure 

Projects on National Forest lands in the Lake Tahoe Basin, 

South Tahoe Public Utility District 

Echo Lake Dam Stabilization Environmental Assessment, 

PG&E 

Mining Projects 

California Red-legged Frog Survey and Endangered Species Act 

Compliance Strategy for the Gardner Ranch Mining and 

Processing Facility, Granite Construction Company

California Red-legged Frog Survey for the Bee Rock Quarry and 

Adjacent Drainages, Granite Construction Company 

Day Creek-Inland Rock Mine Expansion San Bernardino Kangaroo 

Rat Trapping Study, West Coast Environmental & 

Engineering and Hanson Aggregates 

Los Alamos Sand Mine California Tiger Salamander and California 

Red-legged Frog Surveys, Biological Assessment, and Safe 

Harbor Agreement, Los Alamos Sand Company 

Williams Quarry Expansion Project Biological Resources Report, 

Resource Design Technology, Inc. 

Madera Ranch Quarry California Tiger Salamander Biological 

Assessment and Draft Biological Opinion, Pacific 

Municipal Consultants 

Ozena Valley Ranch Surface Mining Site Biological Resources 

Report, West Coast Environmental & Engineering 

Santa Maria River Surface Mining Site Biological Resources 

Report, West Coast Environmental & Engineering 

Diamond Rock Surface Mining Site Biological Resources Report 

and Blunt-nosed Leopard Lizard Impact Avoidance Program, 

West Coast Environmental & Engineering 

Transportation Projects 

Analysis of Impacts to Willow Flycatcher Habitat from Emergency 

Washout Repairs on the Caliente Line along Meadow Valley 

Wash (Nevada), Union Pacific Railroad 

Analysis of Impacts to Willow Flycatcher Habitat from Emergency 

Washout Repairs on the Clifton Branch of the Lordsburg 

Line along the Gila River (Arizona), Union Pacific Railroad 

Biological Evaluations for 18 Union Pacific Railroad Bridge 

Replacement Projects in California, Olsson Consulting 

Grizzly Island Road Bridge Replacement Project California Clapper 

Rail Surveys, Sycamore Environmental Consultants 

Union Pacific Railroad Yolo Bypass North Track Project 

Biological Assessment, Parsons Corporation 

Kowloon-Canton Railway Corporation Lok Ma Chau Spurline 

(Hong Kong) Expert Witness Services, Denton Wilde Sapte 

(Legal Counsel, London) 

Kowloon-Canton Railway Corporation Lok Ma Chau Spurline 

Environmental Impact Assessment Defensibility Review 

and Response to Comments, California Environmental 

Consulting Associates 

US Highway 101 Auxiliary Lanes Project Wetlands Delineation, 

Natural Environment Study, and Biological Assessment, 

San Mateo County Department of Transportation 

TRPA Projects 

Heavenly Ski Resort Master Plan EIR/EIS, Biological Resources 

Surveys, Biological Evaluation, and Annual Monitoring 

Programs, Heavenly Ski Resort and Tahoe Regional 

Planning Agency 

Golden Bear Park Master Plan EIR/EIS, Tahoe Regional 

Planning Agency and El Dorado County 

Harootunian Trust Land Transfer Biological Evaluation, Lake 

Tahoe Basin Management Unit, USDA Forest Service 

Department of Defense Projects 

California Gnatcatcher Surveys for the Santa Margarita River 

Conjunctive Use Project within MCB Camp Pendleton, 

Fallbrook Naval Weapons Station, and City of Fallbrook, 

North State Resources, Inc. 

Brooks Air Force Base (Texas) Inventory of Avian Species, U.S. 

Air Force Center for Environmental Excellence (AFCEE) 

Hohenfels Combat Maneuver Training Center (Germany) 

Integrated Natural Resources Management Plan-Fish and 

Wildlife and Threatened and Endangered Species 

Management Programs, U.S. Army Europe (USAEUR) 

Andrews Air Force Base and Davidsonville and Brandywine 

Communication Sites (Maryland) Biological Inventory and 

Integrated Natural Resources Management Plan, AFCEE 

Fort Leonard Wood (Missouri) BRAC US Army Chemical 

School and Military Police School Relocation Mitigation 

Monitoring Framework and Adaptive Management 

Strategy, U.S. Army 

U.S. Fish and Wildlife Service World-listed, and Portuguese 

Government Listed Species Surveys and Integrated Natural 

Resources Management Plan (Azores), AFCEE and U.S. 

Air Force Air Combat Command (ACC) 

Dyess Air Force Base (Texas) Threatened and Endangered 

Species, Fish and Wildlife, and Outdoor Recreation 

Component Plans of the Integrated Natural Resources 

Management Plan, ACC 

Vandenberg Air Force Base (California) Fiber Optic Cable Route 

Biological Assessment, U.S. Air Force Space Missile 

Command 

Camp Pendleton Relocation of Baseline Road and Case Springs 

Access Road Habitat Suitability and Assessment for the 

Stephen’s Kangaroo Rat, California Gnatcatcher, and Least Bell’s 

Vireo, U.S. Marine Corps 
ATTACHMENT 2 

March 21, 2002 Letter from USFWS to EPA 


ATTACHMENT 3 

Elisha Back Resume 
 1 

ELISHA BACK 

EDUCATION 

California State University, Fullerton, B.S., Political Science 

AREAS OF EXPERTISE 

• CEQA and NEPA 

• Sec. 404 & 401, Clean Water Act 

• Sec. 404(b)(1) Alternatives Analysis 

• Sec. 1600, California Fish & Game Code 

• Sec. 7, Federal Endangered Species Act 

• California State Endangered Species Act 

• Sec. 106, National Historic Preservation Act 

• California Coastal Act 

• Local Land Development permits 

• NPDES 

• Environmental policy development 

• Construction support 

• Wetland mitigation development, monitoring, and reporting 

REPRESENTATIVE EXPERIENCE 

Ms. Elisha Back has more than 17 years of environmental project management 

experience related to environmental planning and permitting of projects in 

California, Arizona, Nevada, Texas, Oregon, and Washington. She has worked 

on many types of projects including land development, public works, energy, 

transportation, fiber optics, and pipelines at all levels from due diligence and 

planning through construction and all phases in-between. Ms. Back has worked 

with local, state and federal agencies on behalf of her clients to obtain approvals. 

She has experience with environmental reviews associated with CEQA and 

NEPA. Types of permits approvals have included but are not limited to Section 

404 Permits, Section 401 Water Quality Certifications, Coastal Development 

Permits, and encroachment permits. She has interacted with federal and state 

agencies regarding threatened and endangered species issues and cultural 

resource issues associated with the issuance of environmental permits. In 

addition, Ms. Back has provided onsite assistance with environmental 

compliance for construction personnel, coordination of environmental monitors 

and daily coordination with resource agencies regarding ongoing construction 

activities. 
 

 Elisha Back 

 

 2 

Energy Projects

Kinder Morgan Energy Partners In-House Permitting Assistance (2003-

2006) 

Project Manager for providing in-house permitting and planning assistance to 

Kinder Morgan Energy Partners for their west coast operations. Projects include 

routine pipeline maintenance, expansion projects, emergency maintenance 

projects, releases, etc. Projects have required compliance with CEQA, NEPA, 

Sections 404 and 401 of the Clean Water Act, Section 1600 of the Fish and 

Game Code, Section 7 of the Endangered Species Act, NPDES, as well as local 

requirements. Also included as part of these projects are biological and cultural 

surveys and construction monitoring. 

Tucson Pipeline Expansion Project - Tucson, Arizona (2004) 

Permitting Project Manager for the KMEP project which included development of 

12 miles of pipeline through the City of Tucson and surrounding areas. Issues 

included Native American coordination, cultural resource surveys and permits, 

native plant plans and permits, water discharge permits, NPDES compliance, 

404 Nationwide Permit compliance, and public outreach. 

Nellis Tank and Pipeline Expansion Project - Las Vegas, Arizona (2005) 

Permitting Project Manager for the KMEP project which includes development of 

two 80,000-barrel tanks and over 5 miles of new pipeline located on the Nellis Air 

Force Base. Issues included processing a NEPA document, 404 Nationwide 

Permit compliance, NPDES, Air Permits, Dust Permit, Endangered Species 

coordination, and processing a real estate documentation from the Army Corps 

of Engineers. 

Miramar Tank and Pipeline Expansion Project - Miramar, California (2005-

2006) 

Environmental Project Manager for the KMEP project which includes 

development of four 80,000-barrel tanks and connection to the existing pipeline 

located on the Miramar Air Force Base. Issues included processing a NEPA 

document, NPDES, Dust Permit, Endangered Species coordination, and 

processing a real estate documentation. 

Eastline Expansion Project - Texas to Arizona (2005) 

Cultural Resource Project Manager for the proposed KMEP pipeline expansion 

project from El Paso, Texas to Phoenix, Arizona. Project involvement included 

development of a Programmatic Agreement with the Advisory Council and the 

BLM, oversight for the cultural surveys and data recovery, oversight for obtaining 
 

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the required permits and approvals from various agencies for the projects for 

cultural resource issues, management of the two cultural resource firms working 

on the project, and management of the $4.0 million dollar budget for the project 

for cultural resource issues. 

Fresno Tank Expansion Project - Fresno, California (2004) 

Project Manager for environmental permitting for the construction of a new tank 

in the existing KMEP tank farm in Fresno. Project included development and 

processing of a CEQA document and Conditional Use Permit through the City of 

Fresno. 

Land Development Projects

Panhandle Residential Development – Sacramento, California (2006-2007) 

Project Manager for the environmental permitting and entitlements for the Project 

on behalf of Dunmore Homes. Included an Environmental Impact Report with 

the City of Sacramento as the Lead Agency, processing Section 404 Individual 

Permit, Section 401 Certification, Section 1602 Agreement and Section 7 

Consultation. Project included development of 600 acres and 3,000 homes. 

Issues included fairy shrimp, vernal pool impacts, wetlands, traffic, potential flood 

zones, air quality, adjacent land owners, aesthetics. 

Wildhawk Residential Development Project – Sacramento, California (2006-

2007) 

Project Manager for the environmental permitting and entitlements for the Project 

on behalf of Dunmore Homes. Included a Mitigated Negative Declaration with 

DERA as the lead agency, processing Section 404 Individual Permit, Section 401 

Certification, Section 1602 Agreement and Section 7 Consultation. Also 

responsible for working with mitigation brokers to obtain the necessary wetland 

and vernal pool mitigation for the project. Project included development of 126 

acres and over 800 homes. Issues included potential impacts to protected fairy 

shrimp, vernal pools, wetlands, traffic, air quality. 

Whispering Oaks Residential Development Project – Lincoln, California 

(2006-2007) 

Project Manager for the environmental entitlements and permitting for the Project 

on behalf of Dunmore Homes. Included Environmental Impact Report, General 

Development Plan, Specific Plan, Section 404 NWP, Section 401 Certification, 

Section 1602 Agreement and Section 7 Consultation. Also responsible for 

working with mitigation brokers to obtain the necessary wetland and vernal pool 

mitigation for the project. Project included development of 20 acres and 114 

homes. 
 

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Spectrum 5 Development Project - Irvine, California (1999) 

Project Manager for the environmental permitting for the Project on behalf of The 

Irvine Company. Included processing Section 404 Individual Permit, Section 401 

Certification, Section 1603 Agreement, and Section 7 Compliance; preparing 

Section 404(b)(1) Alternatives Analysis; completing the jurisdictional delineation; 

conducting construction monitoring; and developing mitigation plan. Project 

utilized the Natural River Management Concept, which allowed for natural growth 

within San Diego Creek. This concept consisted of widening and stabilization of 

the existing creek bottom, placement of soil cement lining on the side slopes and 

toe down, and construction of wetland habitat mitigation sites in the creek bottom 

while preserving the existing natural habitat. 

Otay Mesa Skeet and Trap Shooting Range Remediation Project - Chula 

Vista, California (2005-2006) 

Project Manager for the environmental permitting for the Project on behalf of Flat 

Rock Development. Project includes remediation of former shooting range near 

area utilized by protected species. Includes management of subconsultants, 

processing of technical studies, working with lead agency and development of 

documentation in support of the Initial Study and Mitigated Negative Declaration. 

Presidio in the Pines - Coconino County, Arizona (2005) 

Project Manager for the environmental permitting and review for the project. 

Included both biological and cultural surveys for a 250 acre property proposed for 

development near the city of Flagstaff. Permitting included Section 404 and 401 

permitting as well as informal consultation with the USFWS on potential for 

occurrence of Mexican spotted owl (Strix occidentalis lucida). 

Georgia Pacific - Mendocino County, California (2004) 

Environmental Project Manager tasked with assessing biological resources, 

cultural resources and potential permitting issues on a 500-acre saw mill facility 

along the coast near Fort Bragg, California. 

Shady Canyon Golf Course and Residential Development Project - City of 

Irvine, California (1999) 

Project Manager for the environmental permitting on behalf of The Irvine 

Company. Included processing Section 404 Nationwide Permit, Section 401 

Certification, Section 1603 Agreement, and Section 7 Compliance; Coordinating 

regarding NCCP compliance issues; conducting jurisdictional delineation; 

managing biological surveys; and developing mitigation plan. 
 

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Sherwood Park Project, City of Huntington Beach, California (1997) 

Project Manager for the environmental permitting on behalf of PLC Land 

Company. Included processing Section 404 Nationwide Permit, Section 401 

Certification, and Section 1603 Agreement; conducting jurisdictional delineation; 

developing the mitigation plan; and site monitoring and reporting. 

Sunol Valley Golf Course Irrigation Pond Improvement Project - Sunol, 

California (2005) 

Project Manager for the environmental permitting for Sunol Valley Golf Course. 

Project included improvements to existing irrigation ponds located within habitat 

for federally protected species as well as the development of a new maintenance 

yard. Environmental permitting included preparation and processing of a 

Mitigated Negative Declaration, NPDES compliance, Section 404 Permit, Section 

401 Water Quality Certification, Section 7 Compliance, and Section 1602 

Streambed Alteration Agreement. 

Spectrum 6 Development Project - City of Irvine, California (1998) 

Project Manager for environmental permitting on behalf of The Irvine Company. 

Included processing Section 404 Individual Permit, Section 401 Certification, and 

Section 1603 Agreement; conducting jurisdictional delineation; and preparing 

Section 404(b)(1) Alternatives Analysis. 

Bonita Village Residential Development Project - City of Irvine, California 

(1997) 

Project Manager for the environmental permitting on behalf of The Irvine 

Company. Included processing Section 404 Nationwide Permit, Section 1601 

Agreement, and Section 401 Certification; conducting jurisdictional delineation; 

compliance with NCCP requirements; development of mitigation plan; and 

ensuring compliance with Section 7. 

Jamboree Business Center - City of Irvine, California (1997) 

Project Manager for the environmental permitting on behalf of The Irvine 

Company. Included processing the Section 404 Nationwide Permit, Section 

1603 Agreement, and Section 401 Certification; and conducting jurisdictional 

delineation. 

Retail Center Project - City of Irvine, California (1996) 

Project Manager for the environmental permitting on behalf of The Irvine 

Company. Included processing the Section 404 Nationwide Permit, Section 401 
 

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Certification, and Section 1603 Agreement; and conducting jurisdictional 

delineation. 

Newporter North - City of Newport Beach, California (1995) 

Project Manager for the environmental permitting on behalf of The Irvine 

Company. Included processing a Section 404 Nationwide Permit, Section 1603 

Agreement, and Section 401 Certification; conducting a jurisdictional delineation; 

ensuring compliance with Section 106; and preparing a mitigation plan. 

Planning Area 10 Project - City of Irvine, California (1997) 

Project Manager for the environmental permitting on behalf of The Irvine 

Company. Included processing of the Section 404 Individual Permit, Section 401 

Certification, and Section 1603 Agreement; conducting jurisdictional delineation; 

and preparing Section 404(b)(1) Alternatives Analysis. 

Linear Park Outlet - City of Huntington Beach, California (1998) 

Project Manager for the environmental permitting on behalf of PLC Land 

Company. Included processing Section 404 Nationwide Permit, Section 401 

Certification, and Section 1603 Agreement; and developing the mitigation plan. 

Liberty and North Peak Projects - City of Lake Elsinore, California (1998) 

Coordinated with the Corps regarding compliance with Section 106 for The Town 

Group (formerly TMC). 

Infrastructure

5 Bridges Replacement – San Bernardino, California (2007-2008) 

Project Manager for the environmental permitting on behalf of BNSF Railway. 

Project included replacement of 5 deck replacements. Included processing 

emergency permits from the agencies. Required coordination with BLM due to 

access issues. Two of the bridges were located within critical habitat for the 

desert tortoise. 

Oakland Bridge Skyway Project - City of Stockton, California (2003) 

Project Manager for the environmental entitlements and permitting for 

Kiewit/FCI/Manson Oakland Bridge Skyway Project. Project included 

development of a pre-cast yard, batch plant, and barge slip for development of 

the segment for the new Oakland Bay Bridge. Environmental permitting included 

preparation and processing of a Mitigated Negative Declaration and NPDES 

compliance. Also included was processing of the Section 404 Permit, Section 
 

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1603 Streambed Alteration Agreement, Section 7 Consultation and Section 401 

Water Quality Certification for the barge slip that was part of the project. 

Harbor North Off-Ramp - Costa Mesa, California (2005-2006) 

Environmental Project Manager for the environmental clearances for the 

proposed Harbor North Off-Ramp off the I-405. Project required clearance 

through CEQA and the City of Costa Mesa is the Lead Agency and Caltrans was 

acting as a Responsible Agency. Responsible to have all technical studies 

prepared for the project including air, noise, natural resources, cultural resources, 

and visual impacts. 

Borrego Wash Improvements - County of Orange, California (1998) 

Project Manager for the environmental entitlements and permitting for the Irvine 

Ranch Water District for improvements to Borrego Wash for protection of 

adjacent waterlines. Included preparing and processing CEQA/NEPA 

documents, Section 404 Nationwide Permit, Section 1603 Agreement, and 

Section 401 Certification. Also included conducting the jurisdictional delineation 

and preparing the Air Quality Analysis. 

Natural River Management Concept - Valencia, California (1995) 

Assisted with the development of the Natural River Management Concept. It 

allows for the stabilization of rivers while preserving the river’s natural 

characteristics. 

San Diego Creek Watershed General Permit - Orange County (1993-1994) 

Project Manager for the development and processing of the Section 404 Permit 

and Section 1600 Agreement for The Irvine Company, the County of Orange, 

and the City of Irvine. Included permit submittals and jurisdictional delineation. 

Hicks and East Hicks Retarding Basins - Orange County, California (1997) 

Project Manager for the environmental permitting for The Irvine Company. 

Included processing Section 404 Nationwide Permit, Section 401 Certification, 

Section 1603 Agreement, and Section 7 Compliance; and conducting 

jurisdictional delineation. 

Laguna Terrace Park - Laguna Beach, California (1996) 

Project Manager for the environmental permitting for the interim flood control 

protection of the Laguna Terrace Park. Included processing a Section 404 

Nationwide Permit, Section 1603 Agreement, Section 401 Certification, and a 

Coastal Development Permit; and conducting a jurisdictional delineation. 
 

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Nutmeg Street Bridge - City of Murrieta, California (1996) 

Project Manager for the environmental permitting for the Nutmeg Street Bridge 

project. Included processing a Section 404 Nationwide Permit, Section 1603 

Agreement, and Section 401 Certification; and conducting a jurisdictional 

delineation. 

Agua Chinon Retarding Basin - Orange County, California (1997) 

Project Manager for the environmental permitting for The Irvine Company. 

Included processing a Section 404 Nationwide Permit, Section 401 Certification, 

Section 1603 Agreement, and Section 7 Compliance; managing the CEQA 

update; and conducting jurisdictional delineation. 

City of Corona Operation and Maintenance Permit - Corona, California 

(1996) 

Project Manager for the City of Corona. Included processing Section 404 Permit, 

Section 401 Certification, Section 1601 Agreement, Section 7 Biological Opinion; 

preparing and processing the NEPA document; and conducting jurisdictional 

delineation. 

Borrego Wash Improvements - County of Orange, California (1995) 

Project Manager for the environmental permitting for the Los Alisos Water District 

for improvements to Borrego Wash for protection of adjacent waterlines. 

Included processing Section 404 Nationwide Permit, Section 1603 Agreement, 

and Section 401 Certification; conducting jurisdictional delineation; preparing and 

processing CEQA and NEPA documents; and preparing the Air Quality Analysis. 

Main Street Channel Maintenance Project - City of Corona, California (1997) 

Project Manager for the environmental permitting for the City of Corona. 

Included processing Section 404 Individual Permit, Section 1601 Agreement, and 

Section 401 Certification. 

Fiber Optics Projects

Level (3) Communications Project - San Luis Obispo to Oxnard, California 

(1999-2002) 

Project Environmental Coordinator for the environmental permitting and 

compliance for the portion of the project between San Luis Obispo and Oxnard 

for contractor, Kiewit Pacific Co. Included processing Section 404 Nationwide 12 

Permits, Section 401 Waiver of Certifications, Section 1603 Agreements, several 

Coastal Development Permits, encroachment permits; also included providing 
 

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onsite assistance to the construction personnel with compliance with 

environmental issues, coordination of environmental monitors and daily 

coordination with resource agencies regarding ongoing construction. Required to 

manage several subconsultants on behalf of the client as well as provide 

oversight to over 150 monitors. 

Level (3) Carpinteria Realignment - Santa Barbara County, California (2003) 

Project Manager for environmental permitting on behalf of Level (3) 

Communications for the re-alignment of the fiber optic line near Carpinteria. 

Project involved filing for amendment to Mitigated Negative Declaration for fiber 

optic line construction in wetland habitat within Santa Barbara County. Also 

included biological survey, processing environmental permits, a Horizontal 

Directional Drilling (HDD) Plans, Frac-Out Contingency Plans, Stormwater 

Pollution Prevention Plans (SWPPP), Spill Prevention Control and 

Countermeasure (SPCC) Plans, Revegetation Plans, and Mitigation and 

Monitoring Plans. 

Santa Ynez River/San Antonio Creek Realignment Project - Vandenberg Air 

Force Base, California 

Project Manager for environmental permitting on behalf of Level (3) 

Communication for the realignment of the fiber-optic beneath two river systems 

within Vandenberg Air Force Base. Involved biological surveys, coordination with 

Vandenberg staff, processing environmental permits, Section 7 Consultation with 

USFWS, development of HDD Plans, Frac-Out Contingency Plans, SWPPP, 

SPCC Plans, Revegetation Plans, and Mitigation and Monitoring Plans. 

Sayres and Associates - Various Locations (2003-2005) 

Prepared numerous NEPA compliance documents (Environmental Assessments) 

and SWPPP for fiber optic extension projects for Homeland Security project. 

Included site reviews as well as coordination with the resource agencies as 

required. 

Mining Projects

Royal Mountain King Mine - Calaveras County, California (2005) 

Project Manager for environmental permitting for Natural Treatment System 

wetlands. Project included development of wetlands within existing drainages 

onsite to assist with TDS loading issues as part of the closure of the mine. 

Included processing Section 404 Permit, Section 401 Certification, and Section 

1602 Agreement. Coordinated the biological review and jurisdictional 

delineation. Other issues also included a Waste Discharge Requirement update, 

CEQA evaluation, and water rights issues. 
 

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Beartrack Mine - Salmon, Idaho (2005) 

Project Manager for review of wetland issues associated with closure of the 

mine. On behalf of client review potential issues related to closure of certain 

elements of the mine and permitting requirements. 

Railroad

BNSF Permitting Assistance – Various Projects (2003) 

Assisted BNSF with various projects related to crossing closures. Permitting 

included preparation of Proponent’s Environmental Assessment for processing 

with the California Public Utilities Commission, coordination of biological and 

cultural reviews, and various environmental permits. Projects included Avenue 

13, Deadman Creek and North Tower Road. 

Wetland Mitigation Sites

San Joaquin Marsh Mitigation Project - City of Irvine, California (1994) 

Project Manager for the environmental permitting for The Irvine Company. 

Included processing of the Section 404 Individual Permit, Section 401 

Certification, and Section 1603 Agreement; preparing Section 404(b)(1) 

Alternatives Analysis; conducting jurisdictional delineation; developing the 

mitigation plan; and site monitoring and reporting. 

City of Corona Mitigation Sites - Corona, California (1995) 

Completed monitoring and reporting requirements for the City of Corona 

mitigation sites. Included coordination with the resource agencies. 

SPECIALIZED TRAINING 

• Developing a Biological Assessment, USFWS, June 2007 

• Successful CEQA Compliance, UCLA Extension, July 2002 

• Wetland Delineation and Management Training, Richard Chinn 

Environmental Training, June 1996 

• CalTrans Horizontal Directional Drilling Inspection Course, December 

2000 

• Federal Energy Regulatory Commission Environmental Compliance 

Training, February 2003 

• Hazwoper Supervisory Training, August 2005 

• Various courses toward Environmental Management Certificate, UCI 

Extension, 2004-2006 
 

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PROFESSIONAL AFFILIATION 

• Association of Environmental Professionals 

• American Planning Association 

• Women’s Environmental Council 

• Society of Wetland Scientists 

• The National Audubon Society 

• Environmental Law Institute 

• The Desert Tortoise Council