UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
 

REGION IX
 

75 Hawthorne Street
 

San Francisco, CA 94105·3901
 

July 10, 2008 

Mr. Peter Cross 

U.S. Fish and Wildlife Office 

2800 Cottage Way, W-2605 

Sacramento, CA 95825 

Re:	 Request for Formal Consultation under Section 7 of Federal Endangered Species 

Act for Proposed Avenal Energy Project 

Dear Mr. Cross: 

By this letter, the United States Environmental Protection Agency, Region 9 ("Region 9") 

requests initiation of formal consultation under Section 7 of the federal Endangered Species Act 

("ESA") for the proposed Avenal Energy Project ("AEP") located in the City of Avenal, Kings 

County, California. Avenal Power Center, LLC ("APC") has applied to Region 9 for a 

Prevention of Significant Deterioration ("PSD") permit as required by Part C of the Clean Air 

Act and regulations at 40 C.F.R. §52.21. Region 9 is responsible for complying with ESA 

Section 7 requirements with respect to federal PSD permitting, and must ensure that issuance of 

the PSD permit to AEP is not likely to jeopardize the continued existence of endangered or 

threatened species, or result in the destruction or adverse modification of critical habitat of such 

species. 

The applicant and the Region have participated in informal consultation with U.S. Fish 

and Wildlife Service ("FWS") regarding AEP. This request for formal consultation is made in 

accordance with our discussions with Ms. Shelly Buranek of your staff. In discussions among 

the Region, APC, and FWS, FWS indicated that formal consultation would be required because 

the AEP may affect the federally listed San Joaquin Kit Fox (SJFK). 

APC, acting through its authorized representatives including TRC Solutions ("TRC"), 

compiled and submitted a Biological Assessment (BA) to the Region in the form of a 

Consultation Initiation Package ("Package") dated May 12,2008. The BA is based on 

information in APC's Application for Certification submitted to the California Energy 

Commission in February 2008; specifically, Sections 2.0 (Project Description and Engineering) 

and 6.6 (Biological Resources) were submitted for the BA. The Package provides information 

about the project and its effects on listed species, as well as proposed mitigation and 

minimization measures. Because we understand that the FWS also received a copy of the 

Package, a copy of this information is not enclosed in this request for formal consultation. 

Printed on Recycled Paper 
In summary, pursuant to Section 7 of the ESA, we request the initiation of formal 

consultation for AEP to address potential impacts to the SJKF. We further request preparation of 

a Biological Opinion by FWS and concurrence in writing that the project is not likely to 

adversely affect the other federally listed endangered plant and wildlife species identified in 

Section 6.6 of the Biological Assessment (i.e., San Joaquin wollythreads, California jewel 

flower, blunt-nosed leopard lizard, tipton kangaroo rat). We also request that we receive a copy 

of the draft Biological Opinion for our review. 

We look forward to working with you on this matter. If you have any questions, please 

have your staff contact Shirley F. Rivera of the Air Permits Office at (415) 972-3966; or you 

may contact me at (415) 972-3974. 

Sincerely, 

"IlL' /.! '/ /,' ~"l 

. ~-._ Jltf'! Jl

Gerardo C. Rios 

Chief, Air Permits Office 

cc: Susan Jones, FWS (via email) 

Shelley Buranek, FWS (via email) 

Jim Rexroad, Avenal Power Center, LLC (via email) 

Joe Stenger, TRC Solutions (via email) 

Eric Walther, Sierra Research (via email) 

Michelle Woods, California Energy Commission (via email)