Kenny and all:

Here is an update regarding where we stand with Rogas biological resources
permitting:

FESA 10a(1)B: U.S.F.W.S. has mailed the letter to Kern Water Bank Authority
authorizing KWBA to sell credits to EOTT and permitting EOTT to be a
"covered" third party under KWBA's 10a(1)B permit; however, KWBA has not yet
received the letter. When KWBA receives the letter, they will be able to
authorize the project as soon as they receive the check from EOTT for
compensation credits (I do not know if your right-of-way agreements and
encroachment permits are complete) and mitigation measures are implemented
(preactivity surveys, trapping).

CESA 2081 MOU: EOTT has notified CDFG that the project will commence and who
the project rep is; CDFG has verbally concurred regarding our proposed
avoidance measures (including trapping) for Tipton kangaroo rats and
blunt-nosed leopard lizard; the project may commence on Coles Levee Ecosystem
Preserve as soon as we implement the biological resource mitigation measures
(preactivity survey - submitted to AERA; trapping; etc.) and the Letter of
Credit (or equivalent) is submitted to CDFG for compensation acres.

Bypass Channel: West Coast Environmental was supposed to have submitted
Streambed Alteration Notification and Clean Water Act (Army Corps)
notification within the last couple of days.

Please let me know if you have any questions regarding this e-mail.

Randi McCormick
Bio Resources Consulting

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