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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, 4 th Floor U.S. EPA, REGION 9 California Energy Commission 1516 Ninth Street Sacramento, CA 95814-5512Ref: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 of that study. The results of the study suggest that the width of the corridor is somewhat irrelevant to the successful use of the 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 of the 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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September 22, 2008

Joe Stenger TRC Solutions 2666 Rodman Drive Los Osos, CA 93402

Dear Mr. Stenger:

Pursuant to your recent request, Bumgardne r Biological Consulting has completed a review of published literature, resource agency docum entation, biological resources databases, and other sources of available in formation and analyses related to habitat use and movement of the San Joaquin kit fox ( Vulpes macrotis mutica ) (SJKF) to determine if there is scien tific data or established pol icy support for the U.S. Fish and Wildlife Service’s (USF WS) prescription for a linear movement corridor of 500 feet between the proposed Avenal Energy pr oject site and California Aqueduct. An extensive base of available informati on 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 Ab stracts®, 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 Sp ecies Recovery Program [ESRP]).

Background

Movement and dispersal corridors are cons idered critical to the population dynamics of SJKF, particularly since the taxon curre ntly 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 95670-8216September 22, 2008 Page 2 important for alleviating over-crowding and intraspecific competition during years when SJKF abundance is high and are esse ntial for recoloniza tion. 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 suppor t that the taxon utilizes line ar corridors such as roads (Cypher et al. 2005); urban parkways (B eedy et al. 1992); and road, railroad, and canal right-of-way s (ROW) (Cypher unpublished data , Frost 2005, Warrick et al. 2007) for movement. Furthermore, radio-tele metry 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 (particu larly corridor widths) in regards to the movement of SJKF. Studies that have addr essed the use of corri dors 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 land scape features (i.e., connectivity);

• movement and use of crossing structures; and

• movement in urban environments.

The study by Warrick et al. (2007) found th at radio-telemetered SJKF occurred in ROW habitats associated with the Califor nia 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 lo wer 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 de n 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 thes e 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 hypot hesis is provided by the study on SJKF movement in urban Bakersfield (Frost 1995). This latter study found that linear corridors (including relatively narrow corrido rs) were frequently used by SJKF, but in proportion to the availabi lity of den sites. In addition, tr avel 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 Cyphe r (ESRP), a leading researcher of San Joaquin kit fox, Mr. Cypher states:

“There are just a small handful of ob servations 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 at tributes, 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 wh at constitutes a suitable corridor for the species.”

Thus, Mr. Cypher’s statement supports the findi ngs of this review (i.e., there are no current data or analyses rega rding what is an a ppropriate linear co rridor design for SJKF).

Conclusions

Linear corridor widths that have been u tilized in biological opinions issued by the USFWS appear to be arbi trary and not based on empi rical studies, measureable habitat parameters, or measureable ra tes of successful movement by SJKF. Furthermore, the acceptable linear corridor widths in biological opinions for other projects on the California Aqueduct or De lta-Mendota Canal (e.g., Formal Section 7 Consultation on the Proposed Monte Dora do 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 basi s on which to evaluate the merits of a 500-foot wide corridor versus a 300-foot wi de 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.c om/PDF/EA%20Phase%20I.pdf ) the term “to of slope edge of canal” is assumed to refe r 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. Airo la. 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. E ffects of roads on San Joaquin kit foxes: a review and synthesis of existing da ta. Pages 397-406 in C. L. Irwin, P. Garrett, and K. P. McDermott, editors . 2003 Proceedings of the International Conference on Ecology and Transportati on. Center for Transportation and the Environment, North Carolina State University, Raleigh, North Carolina.

California Department of Fish and Ga me (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. Californi a Natural Diversity Data Base.

Cypher, B. L., S. E. Phillips, and P. A. Kelly. 2007. Habitat suitability and potential corridors for San Joaquin ki t fox in the San Luis Unit - Fresno, Kings and Merced counties, California. California State UniversityStanislaus, Endangered Species Rec overy Program, Fresno, California.

Frost, N. 2005. San Joaquin kit fox home range, habitat use, and movements in urban Bakersfield. Master’s Thesis, Hu mboldt 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 a nd den sites of kit foxes in west-central Nevada. Master’s Thesis, Humboldt State University, California

Kamler, J. F., W. B. Ballard, E. B. Fi sh, P. R. Lemons, K. Mote, and C. C. Perchelleta. 2003. Habitat use, home ranges, and survival of swift foxes in a fragmented landscape: conservation im plications. Journal of Mammalogy 84:989–995.

Kintigh, K. M. and M. C. Andersen. 2005. A den-centered anal ysis of swift fox ( Vulpes velox ) habitat characteristics in north eastern 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. Sc rivner. 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: re lative abundance, mortality, and body size. Southwestern Naturalist 45:221-225.

Moehrenschlager, A., R. List, and D. W. Macdonald. 2007. Escaping intraguild predation: Mexican kit f oxes survive while coyotes and golden eagles kill Canadian swift foxes. Jour nal 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 Jo aquin Valley, California. California Energy Commission, Sacramento, Ca lifornia. (abstract only).

Nelson, J.L., B.L. Cypher, C.D. Bjurlin, a nd 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 me tropolitan Toronto. Pages 31-38 in L. W. Adams and D. L. Leedy, editors. Wild life conservation in metropolitan environments. National Institute for Ur ban 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 Univers ity-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, Californi a. 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, Sa nta Nella, Merced County, California (199900272). Sacramento Fish and Wildlif e Office, Sacramento,California.

Warrick, G.D., H.O. Clark, Jr., P.A. Kell y, 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 de velopment. 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 ConsultingMICHAEL BUMGARDNER Principal, Bumgardner Biological Consulting

Mr. Bumgardner has over 20 years of experience with the terrestrial vertebrates, invertebrates, and flora of North, Central, an d South America; Asia; Africa; and western Europe. He also has over 18 years of experience in the management and preparation of enviro nmental documents that comply with the National Environmental Policy Act (NEPA), California Environmental Quality Act (CEQA), Tahoe Regional Planning Agency (TRPA) Rules of Procedure, Federal Enda ngered Species Act (FESA), and Ca lifornia Endangered Species Ac t (CESA). He has extensive experience in th e 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 an d 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, d esert 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 vire o, 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 an alyses 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

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• 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’sPermit #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 Repair s, 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 Mult i-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 Speci es Surveys and FESA Compliance, North St ate Resources, Inc. Northwest Casmalia Enhan ced 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 Co mpliance, 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 Ex ploration Project Endangered Species Impact Avoidance Pr ogram, Enron Oil and Gas Company Stewart Tract Section 2081 Habitat Management Plan for Swainson’s Hawk , Califia Development Milpitas Recycled Water Pipelin e Project Passive Relocation Program for Burrowing Owl , Santa Clara Valley Water DistrictNatural 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 Labo ratory Biological Baseline Database, U.S. Department of Energy Environmental Baseline Study fo r a 10-year comprehensive plan that addresses 280+ petroleu m-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 Co mpliance, 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 Pre liminary Impact Analysis, Alternatives Analysis, an d Environmental Impact Assessment (EIA) (Equatorial Guinea), Marathon Oil Company Mill Creek 2/3 Hydroelectri c 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 A ssessment, 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 Environm ental & 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) In ventory of Avian Species, U.S. Air Force Center for Envir onmental 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 Da vidsonville 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 Sc hool Relocati on Mitigation Monitoring Framework and Adaptive Management Strategy, U.S. Army U.S. Fish and Wildlife Service World-listed, and Portuguese Government Listed Species Su rveys 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 Suitabil ity 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 Resume1 

### ELISHA BACK

EDUCATION California State University, Fu llerton, 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 Hist oric 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 year s of environmental project management experience related to environmental pl anning 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 cli ents 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 Ce rtifications, Coastal Development Permits, and encroachment permits. S he has interacted with federal and state agencies regarding threat ened and endangered species issues and cultural resource issues associated with the i ssuance of environmental permits. In addition, Ms. Back has provided ons ite assistance with environmental compliance for construction personnel, c oordination 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-hous e permitting and planning assistance to Kinder Morgan Energy Partners for their we st coast operations. Projects include routine pipeline maintenance, expansio n projects, emergency maintenance projects, releases, etc. Projects hav e 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 S pecies Act, NPDES, as well as local requirements. Also included as part of these projects ar e biological and cultural surveys and construction monitoring.

Tucson Pipeline Expansion Project - Tucson, Arizona (2004)

Permitting Project Manager for the KMEP pr oject 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 compli ance, 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 proce ssing a NEPA docum ent, 404 Nationwide Permit compliance, NPDES, Air Permits , Dust Permit, Endangered Species coordination, and processing a real estate documentat ion from the Army Corps of Engineers.

Miramar Tank and Pipeline Expansion Project - Miramar, California (2005- 2006)

Environmental Project Manager for t he 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, E ndangered Species coordination, and processing a real estate documentation.

Eastline Expansion Project - Texas to Arizona (2005)

Cultural Resource Project Manager fo r the proposed KMEP pi peline expansion project from El Paso, Texa s to Phoenix, Arizona. Pr oject involvement included development of a Programmatic Agreement with the Advisory Council and the BLM, oversight for the cultural surveys and data recovery, oversight for obtainingElisha Back

3 the required permits and approv als from various agencie s 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 permitti ng for the construction of a new tank in the existing KMEP tank farm in Fr esno. Project included development and processing of a CEQA document and Condi tional Use Permit through the City of Fresno.

Land Development Projects

Panhandle Residential Development – S acramento, California (2006-2007)

Project Manager for the environmental pe rmitting and entitlements for the Project on behalf of Dunmore Homes. Included an Environmental Impact Report with the City of Sacramento as the Lead A gency, processing Section 404 Individual Permit, Section 401 Certification, Section 1602 Agreem ent and Section 7 Consultation. Project included develop ment of 600 acres and 3,000 homes. Issues included fairy shrimp, vernal pool im pacts, wetlands, traffic, potential flood zones, air quality, adjacent land owners, aesthetics.

Wildhawk Residential Development Pr oject – Sacramento, California (2006- 2007)

Project Manager for the environmental pe rmitting and entitlements for the Project on behalf of Dunmore Homes. Included a Mitigated Negative Declaration with DERA as the lead agency, processing Sect ion 404 Individual Permit, Section 401 Certification, Section 1602 Agreement and Section 7 Consultation. Also responsible for working with mitigation br okers to obtain the necessary wetland and vernal pool mitigation for the project. Project included dev elopment of 126 acres and over 800 homes. Issues includ ed potential impacts to protected fairy shrimp, vernal pools, wetlands , traffic, air quality.

Whispering Oaks Residential Developmen t Project – Linc oln, California (2006-2007)

Project Manager for the environmental ent itlements and permitting for the Project on behalf of Dunmore Home s. Included Environmen tal Impact Report, General Development Plan, Specific Plan, Secti on 404 NWP, Section 40 1 Certification, Section 1602 Agreement and Section 7 C onsultation. Also responsible for working with mitigation brokers to obtai n the necessary wetland and vernal pool mitigation for the project. Project in cluded development of 20 acres and 114 homes.Elisha Back

4 Spectrum 5 Development Project - Irvine, California (1999)

Project Manager for the environmental pe rmitting for the Project on behalf of The Irvine Company. Included processing Sect ion 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 Conc ept, which allowed for natural growth within San Diego Creek. This concept c onsisted of widening and stabilization of the existing creek bottom, placement of so il 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 permi tting for the Project on behalf of Flat Rock Development. Project includes rem ediation of former shooting range near area utilized by protected species. Includes management of subconsultants, processing of technical studies, workin g with lead agency and development of documentation in support of the Initial Study and Mitigated Negative Declaration.

Presidio in the Pines - Coc onino County, Arizona (2005)

Project Manager for the envir onmental permitting and revi ew for the project. Included both biological and cultural surv eys for a 250 acre property proposed for development near the city of Flagsta ff. Permitting included Section 404 and 401 permitting as well as informal consulta tion with the USFWS on potential for occurrence of Mexican spotted owl ( Strix occidentalis lucida ).

Georgia Pacific - Mendocino C ounty, 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 Resident ial Development Project - City of Irvine, California (1999)

Project Manager for the environmental permitting on behalf of The Irvine Company. Included processing Secti on 404 Nationwide Permit, Section 401 Certification, Sect ion 1603 Agreement, and Section 7 Compliance; Coordinating regarding NCCP compliance issues; conduc ting jurisdictional delineation; managing biological surveys; and developing mitigation plan.Elisha Back

5 Sherwood Park Project, City of H untington Beach, California (1997)

Project Manager for the environmental permitting on behal f of PLC Land Company. Included processing Section 404 Nationwide Permit, Section 401 Certification, and Section 1603 Agreement; conducting juri sdictional delineation; developing the mitigation plan; an d site monitoring and reporting.

Sunol Valley Golf Course Irrigation Pond Improvement Project - Sunol, California (2005)

Project Manager for the environmental pe rmitting for Sunol Valle y 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 incl uded preparation and processing of a Mitigated Negative Declarati on, NPDES compliance, Se ction 404 Permit, Section 401 Water Quality Certific ation, Section 7 Compli ance, and Section 1602 Streambed Alteration Agreement.

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

Project Manager for environmental permitting on behalf of The Irvine Company. Included processing Section 40 4 Individual Permit, Secti on 401 Certification, and Section 1603 Agreement; conducting jurisd ictional delineation; and preparing Section 404(b)(1) Alternatives Analysis.

Bonita Village Residentia l 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 Cert ification; conducting ju risdictional 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 Se ction 404 Nationwide Permit, Section 1603 Agreement, and Section 401 Certificat ion; 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 Sect ion 404 Nationwide Permit, Section 401Elisha Back

6 Certification, and Sect ion 1603 Agreement; and conducting jurisdictional delineation.

Newporter North - City of Ne wport Beach, California (1995)

Project Manager for the environmental permitting on behalf of The Irvine Company. Included processing a Secti on 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 processi ng of the Section 404 Individual Permit, Section 401 Certification, and Section 1603 Agreement; conducting juri sdictional 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 behal f of PLC Land Company. Included processing Secti on 404 Nationwide Permit, Section 401 Certification, and Secti on 1603 Agreement; and developing the mitigation plan.

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

Coordinated with the Corps regarding comp liance with Section 106 for The Town Group (formerly TMC).

Infrastructure

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

Project Manager for the environmental permitting on behalf of BNSF Railway. Project included replacement of 5 deck r eplacements. Included processing emergency permits from the agencies. Required coordinat ion with BLM due to access issues. Two of the bridges were located within critical habitat for the desert tortoise.

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

Project Manager for the environmental entitlements and permitting for Kiewit/FCI/Manson Oakland Bridge Sk yway Project. Project included development of a pre-cast yard, batch plant, and barge slip for development of the segment for the new Oakland Bay Br idge. Environmental permitting included preparation and processing of a Mitigated Negative Declar ation and NPDES compliance. Also included was processi ng of the Section 404 Permit, SectionElisha Back

7 1603 Streambed Alteration Agreement, Sect ion 7 Consultati on 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 th e environmental clearances for the proposed Harbor North Off-Ramp off t he 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 ent itlements and permitting for the Irvine Ranch Water District for improvements to Borrego Wash for protection of adjacent waterlines. Included pr eparing and processing CEQA/NEPA documents, Section 404 Nationwide Pe rmit, Section 1603 Agreement, and Section 401 Certification. Also include d 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 devel opment and processing of the Section 404 Permit and Section 1600 Agreement fo r The Irvine Company, the County of Orange, and the City of Irvine. In cluded permit submittals and jurisdictional delineation.

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

Project Manager for the env ironmental permitting for The Irvine Company. Included processing Section 404 Nationwi de Permit, Section 401 Certification, Section 1603 Agreement, and Sectio n 7 Compliance; and conducting jurisdictional delineation.

Laguna Terrace Park - Laguna Beach, California (1996)

Project Manager for the environmental pe rmitting for the interim flood control protection of the Laguna Terrace Park. Included processing a Section 404 Nationwide Permit, Section 1603 Agreemen t, Section 401 Certification, and a Coastal Development Permit; and conducti ng a jurisdictional delineation.Elisha Back

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

Project Manager for the environmental permitting for the Nutmeg Street Bridge project. Included proce ssing a Section 404 Nation wide Permit, Section 1603 Agreement, and Section 401 Certificat ion; 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 Nationwi de Permit, Section 401 Certification, Section 1603 Agreement, and Section 7 Compliance; managing the CEQA update; and conducting jurisdictional delineation.

City of Corona Operation and Main tenance Permit - Corona, California (1996)

Project Manager for the City of Corona. Included proc essing Section 404 Permit, Section 401 Certification, Section 1601 Ag reement, Section 7 Biological Opinion; preparing and processing t he NEPA document; and conducting jurisdictional delineation.

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

Project Manager for the environ mental permitting for the Los Alisos Water District for improvements to Borrego Wash for protection of adjacent waterlines. Included processing Section 404 Nati onwide Permit, Sect ion 1603 Agreement, and Section 401 Certification; conducting ju risdictional delineation; preparing and processing CEQA and NEPA documents; an d 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 Individu al Permit, Section 1601 Agreement, and Section 401 Certification.

Fiber Optics Projects

Level (3) Communications Project - Sa n Luis Obispo to Oxnard, California (1999-2002)

Project Environmental Coordinator for the env ironmental permitting and compliance for the portion of the proj ect between San Luis Obispo and Oxnard for contractor, Kiewit Pacific Co. Incl uded processing Secti on 404 Nationwide 12 Permits, Section 401 Waiver of Certific ations, Section 1603 Agreements, several Coastal Development Permits, encroachm ent permits; also included providingElisha Back

9 onsite assistance to the construc tion personnel with compliance with environmental issues, coordination of environmental monitors and daily coordination with resource agencies regardi ng 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 - Sa nta Barbara County, California (2003)

Project Manager for environmental permitting on behalf of Level (3) Communications for the re-alignment of t he fiber optic line near Carpinteria. Project involved filing for amendment to Mitigated Negative Declaration for fiber optic line construction in wetland habita t within Santa Barbar a 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, Rev egetation Plans, and Mitigation and Monitoring Plans.

Santa Ynez River/San Antonio Creek Re alignment Project - Vandenberg Air Force Base, California

Project Manager for environmental permitting on behalf of Level (3) Communication for the realignment of t he 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 - Va rious Locations (2003-2005)

Prepared numerous NEPA compliance doc uments (Environmental Assessments) and SWPPP for fiber optic extension projec ts for Homeland Security project. Included site reviews as well as coor dination with the resource agencies as required.

Mining Projects

Royal Mountain King Mine - Cal averas County, California (2005)

Project Manager for environmental permi tting for Natural Treatment System wetlands. Project included development of wetlands within existing drainages onsite to assist with TDS l oading issues as part of t he closure of the mine. Included processing Section 404 Permit, Sect ion 401 Certificat ion, and Section 1602 Agreement. Coordina ted the biological revi ew and jurisdictional delineation. Other issues also incl uded a Waste Discharge Requirement update, CEQA evaluation, and water rights issues.Elisha Back

10 Beartrack Mine - Salmon, Idaho (2005)

Project Manager for review of wetland is sues associated with closure of the mine. On behalf of client review potential issues related to closure of certain elements of the mine and pe rmitting requirements.

Railroad

BNSF Permitting Assistance – Various Projects (2003)

Assisted BNSF with various projects rela ted to crossing closures. Permitting included preparation of Pr oponent’s Environmental Assessment for processing with the California Public Utilities Commission, coordination of biological and cultural reviews, and vari ous 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 env ironmental permitting for The Irvine Company. Included processing of the Section 404 Individ ual Permit, Section 401 Certification, and Section 1603 Agre ement; preparing Section 404(b)(1) Alternatives Analysis; conducting jurisd ictional delineation; developing the mitigation plan; and site monitoring and reporting.

City of Corona Mitigation Si tes - Corona, California (1995)

Completed monitoring and reporting r equirements for the City of Corona mitigation sites. Included coordi nation with the resource agencies.

SPECIALIZED TRAINING

• Developing a Biological Assessment, USFWS, June 2007

• Successful CEQA Compliance, UCLA Extension, July 2002

• Wetland Delineation and Managem ent Training, Richard Chinn Environmental Training, June 1996

• CalTrans Horizontal Directional Drilling Inspection Course, December 2000

• Federal Energy Regulatory Comm ission Environmental Compliance Training, February 2003

• Hazwoper Supervisory Training, August 2005

• Various courses toward Environm ental Management Ce rtificate, UCI Extension, 2004-2006Elisha Back

11 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