Re: 8_AEP (Avenal): Re: Biological Opinion redline 

Shirley Rivera to: Shelley_Buranek 12/22/2009 11:52 AM

Cc: Julie Walters, Susan_P_Jones

Shelley,

I left a v/m msg with Shelley this morn to reconfirm our mtg tomorrow 10-11:30 (Pacific). Apologies for my 

delay in getting you my comparison review of the Avenal redline and our/EPA summary table of 

comments. There are 3 attachments to this email:

1) My review & comparison of Avenal's redline using the EPA October summary table (see summary 

below for "color/shading code".

2) Our original table (sent in October) WITHOUT the color/shade coding - email directly below.

3) Avenal's redline - initial email in this thread.

SUMMARY: The Avenal redline appears to include all those items that were prepared in the EPA 

October Summary Table, as Avenal had forwarded to USFWS. However, it is unclear whether 

subsequent discussions (e.g., Avenal choosing no longer to pursue revision) are included in the redline 

version. (As a for example, see reference to ITEM L under the "yellow highlight" bullet.)

I've retained both of the original attachments in the below email thread. And I am attaching here the EPA 

table summary updated "with color & shading" as follows:

l SHADED ROWS - Yet to be resolved.

These represent the items that we understand are remaining for closure - outlined in the 12/02 

email below - specifically, items as follows:

- Avenal: B & K, D, I

- EPA: H, M1-M6

Therefore, even though Avenal's redline version presents the revision or comments to the above 

comments, my understanding is that these would be areas for tomorrow morning's discussion.

l RED TEXT - My understanding is that these items have been resolved/are acceptable.

I've confirmed the requested revisions (excluding the above "shaded row" items) are included in 

the redline.

l YELLOW HIGHLIGHT - I am not clear if the two yellow-highlighted items have been resolved. 

They are:

1) ITEM G (capping pipes) - I don't have my notes in front of me, but is it that the USFWS 

language in the draft BO is **standard**? If so, would be good to bring up to Avenal on the 

call.

2) ITEM L (project acres 36 vs. 31.9) - In discussion with Avenal after the initial summary 

table was distributed, I recall that Tracey mentioned they would agree to the originally drafted 

36 acres.

Under separate cover, I'll forward a proposed "strawman" agenda for tomorrow's call. Meanwhile, feel free 

to contact me.

===========
Talk w/you all tomorrow,

- Shirl

End of year availability: In office: Dec 21-23 | Work off-site: Dec 28-29 | Returning: Jan 4

-------------------------------------------

Shirley F. Rivera 

T: (415) 972-3966 | F: (415) 947-3579 | Rivera.Shirley@epa.gov | Cube #17114

U.S. EPA, Region 9, Air Permits Office (AIR-3) | 75 Hawthorne St., San Francisco, CA 94105

Shirley Rivera RE: Avenal Power Center, LLC for Avenal Ener... 12/02/2009 12:51:52 PM

From: Shirley Rivera/R9/USEPA/US

To: Shelley_Buranek@fws.gov, Susan_P_Jones@fws.gov

Cc: Julie Walters/R9/USEPA/US@EPA

Date: 12/02/2009 12:51 PM

Subject: 8_AEP (Avenal): Re: Biological Opinion redline

RE: Avenal Power Center, LLC for Avenal Energy Project

In Reply Refer to:

81420-2008-F-1338-2

Susan & Shelley,

We have received a copy of this information forwarded to you by the Applicant, Avenal Power Center, 

LLC (Avenal). 

Please note that we/EPA, Region 9, have **not** reviewed Avenal's attachment (in the below email). At 

this time, we are re-sending the information we have forwarded to your office in a previous email (dated: 

10/22/09, Subject: 8_AEP (Avenal): USFWS Reference Proj #: 81420-2008-F-1338-2).

Since then, we (Julie Walters, EPA R9's Project Attorney and I) have talked with Shelley and identified 

that the following items remain outstanding for USFWS - based on the "Item" alpha in the above EPA 

attachment (re: Draft BO Comments)

EPA Items for further consideration/clarification

Item H - Measures 17 & 19 to conserve kit fox dens

Items M1-M6

Avenal Items for further consideration and discussion 

Items B & K - Action area/Environmental baseline and setting for kit fox corridor/sightings

Item D - Restore temporary disturbed areas w/in 24-months

Item I - 1,000 foot buffer

From the last teleconference call with Shelley, Julie and me, we understand that USFWS is available on 

12/23 to discuss and look to resolve the above items with the following considerations - 

l Item H - USFWS to consider EPA request to revise language, and perhaps consolidate 

measures 17 &19.
l Items M1-M6 - USFWS to check with other management re: EPA's suggested revisions to 

reflect more accurately the entity (Avenal/Applicant rather than EPA) responsible for 

compliance demonstration, as well as the scope of EPA's permit regs

l Items B & K - USFWS and Avenal to further discuss

l Item D - USFWS and Avenal to further discuss

l Item I - 1,000 foot buffer ... USFWS and Avenal to further discuss; USFWS to check for and 

provide other examples of where the 1,000 foot buffer has been included

We look forward our conference call in a couple of weeks. We understand that Avenal intends to have 

their legal rep with them. Julie (our project attorney) and I will be on the 12/23 call. Meanwhile, please let 

us know what else we may do to prepare for our 12/23 meeting. And if you would like to talk prior to that, 

just let us know. 

- Shirl

-------------------------------------------

Shirley F. Rivera 

T: (415) 972-3966 | F: (415) 947-3579 | Rivera.Shirley@epa.gov | Cube #17114

U.S. EPA, Region 9, Air Permits Office (AIR-3) | 75 Hawthorne St., San Francisco, CA 94105

"Tracey Gilliland" Susan, 12/02/2009 09:11:59 AM

From: "Tracey Gilliland" <Tracey.Gilliland@macquarie.com>

To: <Susan_P_Jones@fws.gov>, <Shelley_Buranek@fws.gov>

Cc: "Luckhardt, Jane" <JLuckhardt@DowneyBrand.com>, <nrabinowitsh@downeybrand.com>, 

Shirley Rivera/R9/USEPA/US@EPA, "Jim Rexroad" <Jim.Rexroad@macquarie.com>, "Tracey 

Gilliland" <Tracey.Gilliland@macquarie.com>

Date: 12/02/2009 09:11 AM

Subject: Biological Opinion redline

Susan,

Per your discussion with Jim this morning attached is an electronic copy of the biological opinion redline 

he provided to you as a hard copy this morning. This redline contains Avenal Power Center's comments 

and interpretation of EPA's comments and incorporates them into the redline.

Kind Regards, 

Tracey Gilliland

Developer | Avenal Power Center, LLC

One Allen Center, 500 Dallas Street, Level 31, Houston, Texas 77002

T 1 713 275 6148 I M 1 713 392 0540 I F 1 713 275 6115 I tracey.gilliland@macquarie.com

Email disclaimer for Macquarie Cook Power Inc.: 

http://www.macquarie.com/us/mcp_disclaimer.htm

This communication has been prepared by Macquarie Cook Power Inc., and is 

confidential and intended for specific recipient(s) only. If you are not the 

intended recipient, please notify us by telephone or return email and delete 

the communication without using, copying or disseminating the information 

contained therein. 

Any use, copying or dissemination of the information, without the express 

written consent of Macquarie Cook Power Inc., is strictly prohibited and legal 
proceedings may be commenced against you.