As an update to many of you, I have been on the phone with Roger Kohn of EPA
Region 9 a couple of different times today.  It turns out that what they
really were expecting to see was something more like a formal Biological
Assessment (BA) for CS 3 and CS 4, not a biological survey report like we
provided.  According to the Endangered Species Act (ESA), the lead Federal
agency in a Federal Action is responsible for preparing the BA, but a BA is
typically only required when the action "may affect" a listed species, which
is not the case here.  EPA Region 9, and based on our experience across the
country, apparently only Region 9, is interpreting their responsibilities
under the ESA very strictly and somewhat "oddly."  Regardless, the bottom
line is that it appears we could argue with them ad nauseum and still end up
right back here.  So, we have begun working very quickly and diligently to
put together a "BA-like" document that, according to Roger, will give them
what they need to put in their files to cover themselves for satisfying the
ESA.

I told him that the USFWS typically (under "normal" circumstances) receives
a BA from the lead federal agency and then issues their Biological Opinion
(BO).  I asked him if they (EPA) were going to still feel like they needed
any kind of concurrence from the USFWS.  He said that only if we were going
to have any findings of "may affect" would they maybe feel the need to get
additional concurrence from the USFWS.  I told him that you (Larry) already
have a verbal concurrence from USFWS that there are no issues, in addition
to the fact that our surveys confirmed that.  I told him that our "BA-like"
document is going to come to the same conclusions that our Survey Report did
(i.e., No Effect).  He said that he understands, and will likely just
receive the document, assure himself that it says what it needs to say, and
is formatted in the manner he feels it needs to be formatted, put it in his
files, and put out the Public Notice for a 30-day comment period.  If this
all happens by early next week, we should still have permits by the
beginning of November. I will continue to hammer home the importance of that
schedule.  Some of us will be on a conference call with Roger and one of the
EPA attorneys tomorrow to try to "get inside their heads" a little bit
better regarding why they are the only Region interpreting their ESA
responsibilities so strictly.  We will debrief you after the call.  Scott

Scott J. Patti
Senior Project Manager
ENSR International
1601 Prospect Parkway
Fort Collins, CO  80525
Phone: (970) 493-8878
Fax:     (970) 493-0213
Email:  spatti@ensr.com


-----Original Message-----
From: Larry.Campbell@enron.com [mailto:Larry.Campbell@enron.com]
Sent: Friday, August 31, 2001 4:18 PM
To: Patti, Scott
Cc: John.Shafer@enron.com; Hackett, Terry; William.Kendrick@enron.com;
Robert.Kilmer@enron.com; Louis.Soldano@enron.com; Alstad, Jon;
Richardson, Devyn
Subject: RE: Endangered Species Surveys, Red Rock Expansion



Scott, thanks for the effort in this.  Am looking forward to your reports
for sta. 3 and 4 at your earliest convenience ....




"Patti, Scott" <SPatti@ensr.com> on 08/31/2001 02:11:17 PM

To:   "'Larry.Campbell@enron.com'" <Larry.Campbell@enron.com>,
      John.Shafer@enron.com
cc:   "Hackett, Terry" <THackett@ENSR.com>, William.Kendrick@enron.com,
      Robert.Kilmer@enron.com, Louis.Soldano@enron.com, "Alstad, Jon"
      <JAlstad@ensr.com>, "Richardson, Devyn" <DRichardson@ensr.com>

Subject:  RE: Endangered Species Surveys, Red Rock Expansion


Gentlemen,

Our Navajo Nation Permit to conduct T&E species surveys just came across on
the fax machine.  Again, Jon Alstad will be traveling Tuesday and
conducting
the surveys on Wednesday.  Thanks to Devyn Richardson for expediting
receipt
of this permit.

Scott

Scott J. Patti
Senior Project Manager
ENSR International
1601 Prospect Parkway
Fort Collins, CO  80525
Phone: (970) 493-8878
Fax:     (970) 493-0213
Email:  spatti@ensr.com


-----Original Message-----
From: Larry.Campbell@enron.com [mailto:Larry.Campbell@enron.com]
Sent: Friday, August 31, 2001 1:24 PM
To: John.Shafer@enron.com
Cc: Hackett, Terry; William.Kendrick@enron.com; Robert.Kilmer@enron.com;
Louis.Soldano@enron.com; Patti, Scott
Subject: RE: Endangered Species Surveys, Red Rock Expansion



John, to my knowledge there are no ciritical habitats at either site.  In
my previous life as a consultant I did a considerable amount of work with
ESA in NM and AZ and on reservation lands.  To add to this, the whole
disturbance issue of compressor station activities from 1967 (sta. 2) and
1959 (sta.3) would strongly support your supposition that there wont be any
surprises.  Ive spoken to Region IX EPA and this issue wont delay the
processing of the permits for either station.  I would think that from the
time the reports are completed to clearnace by the Navajo Nation, would be
about 30 days.  That is the approximate time limit  that the SHPO
clearances received.  Again, weve received verbal clearance from the Navajo
Nation at these sites regarding T&Es.  The project start point is station
2, so we have some room in the event the survey approvals take longer than
30 days, but I agree with you that we need to move this along.  Ill be more
than happy to motivate the Navajos and EPA after the reports are
submitted.....Scott Patti has promised me he would let me know when the
Navajos have said "yes" and he would charge into the field and do the
surveys.



From: John Shafer/ENRON@enronXgate on 08/28/2001 02:59 PM CDT

To:   Larry Campbell/ET&S/Enron@ENRON, "Hackett, Terry" <THackett@ENSR.com>
      @SMTP@enronXgate
cc:   William Kendrick/ENRON@enronXgate, Robert Kilmer/ENRON@enronXgate,
      Louis Soldano/ENRON@enronXgate

Subject:  RE: Endangered Species Surveys, Red Rock Expansion

Larry,
Please proceed with all haste on this.  How long to complete them and
submit the findings (can't believe there would be anything turn up).  No
endangered plants in any of those station yards - I trust?  The EPA is
reaching here, but they have the big stick and we must work through this to
get the air permit.  This is a lesson's learned for the upcoming Sun Devil
project.  John

    -----Original Message-----
   From:   Campbell, Larry
   Sent:   Monday, August 27, 2001 4:32 PM
   To:     Hackett, Terry
   Cc:     Shafer, John; Kendrick, William
   Subject:  Re: Endangered Species Surveys, Red Rock Expansion

     The issue arose when the EPA in San Francisco said they would not
     issue an air permit unless we had addressed all concerns relevant to
     the endangered species act, even on distsurbed lands at stations 3 and
     4.  Even though we had received a verbal approval formt he Navajo
     Nation that endangered species would not be a concern by the Nation,
     the EPA felt otherwise.  This means that they wont give us a permit
     until we do a survey for plants and animals.  Because ENSR was on the
     list of contractors approved by the Navajo Nation, they were given the
     opportunity.  As you know, I have been working with Scott Patti on
     this and we have worked it through.  All that is left is to get the
     ENSR renewal permit application approved by the Nation and ENSR is off
     and running to do the surveys.  Terry, I know that you know all this,
     I just wanted to keep John and Bill in the loop on how things are
     progressing......



     (Embedded image moved to file: pic13261.pcx)
     "Hackett, Terry" <THackett@ENSR.com> on 08/27/2001 11:18:31 AM

     To:   "Larry Campbell (E-mail)" <Larry.Campbell@ENRON.com>
     cc:   "Patti, Scott" <SPatti@ensr.com>

     Subject:  Endangered Species Surveys, Red Rock Expansion


     Larry,

     I understand from Scott Patti that the EPA has thrown a monkey wrench
     into
     the air permitting process for stations 3 and 4 and are now requesting
     endangered species surveys.  For simplicity, we will add this as a new
     task
     for the Red Rock Expansion project.  The FT. Collins folks are
     proceeding
     based on your verbal go ahead, but to make our accountants happy, I
     will
     have to get something written authorizing the additional work.  Scott
     is
     estimating the task to cost approximately $7,000.  Since I am listed
     as the
     project manager on paper, I will put together a brief letter and get
     it to
     you this week.  However, please continue to directly coordinate with
     Scott
     and he will keep me apprised of the status.

     Thanks,

     Terry.



     Terry L. Hackett
     Senior Project Manager
     ENSR International
     7041 Old Wake Forest Road, Suite 103
     Raleigh, NC 27616-3013
     (919) 872-6600 phone
     (919) 872-7996 fax



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