Just wanted to update you on the Dept of Fish & Game 1603 notification.

I spoke with Clarence Mayott in the DFG Fresno office.  He said based on his
knowledge of the area and the information provided that our project should
not require 1603 permitting.  He did want to see the notification package
and anticipates providing a letter stating that the project is outside the
scope of Section 1600 of the Fish & Game code.  He also commented on CEQA
(Calif. Env. Quality Act) requirements, particularly the wildlife and
habitat issues.  He thinks that with the CESA 2081 permit and a letter from
Kern County regarding the ministerial nature of this project, we might be
able claim that CEQA has been addressed.  This will be ultimately decided by
either the Regional Water Quality Control Board (RWQCB) or State Rec Board
as these are state agencies which may be issuing discretionary permits.  If
either of these agencies requires CEQA analysis, they may rely on the
County's letter and the 2081 permit, or they would have to do their own CEQA
analysis.  I'm working on getting a letter from the Kern County Planning
Dept.  Do you have a copy of the 2081 documents?  This is one document I
never received from EOTT.

  -----Original Message-----
  From: Larry.Campbell@enron.com
[mailto:Larry.Campbell@enron.com]
  Sent: Monday, February 05, 2001 4:33 PM
  To: Alan Forbess
  Subject: Re: Add to Form 1603 # 19


  Thanx Alan.




  Alan Forbess <AForbess@wcenviro.com> on 02/05/2001 05:14:49
PM

  To:   "'lcampbe@enron.com'" <lcampbe@enron.com>
  cc:

  Subject:  Add to Form 1603 # 19


  Plug this into the bottom of Page 2 of Attachment 1, which
is our response
  to #19 of the Project Questionnaire.  Also, you might
consider inserting
  this into the cover letter just to drive the point home that
we have
  CESA/FESA coverage under existing agreements.

            EOTT presently holds a Memorandum of Understanding
(M.O.U.
  No. 2081-1997-97-4) with the California Dept. of Fish and
Game pursuant to
  incidental take of species listed under the California
Endangered Species
  Act (CSA) Section 2081.  This M.O.U. applies to operations
(including
  pipeline activities) related to the North Coles Levee
Fractionator Plant
  and
  the Rogas rail facility.  EOTT has also reached agreement
with Kern Water
  Bank Authority (KWBA) to use their Section 10 (a) (1) (b)
permit for
  incidental take of species listed under the Federal
Endangered Species Act
  (FESA).

  Also, I spoke with Ed Purcell of Helt Engineering regarding
the cross
  sections showing a trench depth of 7'.  He said he will
modify the drawings
  and e-mail upon completion.  We should probably make note of
this pending
  change somewhere in our materials (see item #8 on Pg 2 of
Attachment 1).