HomeMy WebLinkAboutEff 9.8.22 Kamm Ave Applicant Agreement 2022.pdf I APPLICANT AGREEMENT
2 Ctarnrn Avenue Pistachio Processing LLC.
3 This Agreement ("Agreement") is dated ('Effective Date") and is
4 between Kamm Avenue Pistachio Processing, LLC., a California limited liability company("Applicant"),
5 and the County of Fresno, a political subdivision of the State of California ("County"). County and
6 Applicant may be referred to individually as a "Parry", or collectively as "Parties", to this Agreement.
7 RECITALS
8 A. Applicant has filed with the County an application for Classified Conditional Use Permit
9 Application No. 3685, and Variance Application No. 4085 and have elected to request the preparation
10 of an Environmental Impact Report ("EIR") No. 7896 to meet the requirements of the California
11 Environmental Quality Act (California Public Resources Code, Division 13, section 21000 et seq.),
12 including the implernenting CEQA Guidelines thereunder(Title 14, Division 6, Chapter 3, California
13 Code of Regulations, section 15000 et seq.) (collectively, the California Environmental Quality Act,
14 including such CEQA Guidelines thereunder are "CEQA") for the project commonly known as the
15 "Kamm Avenue Pistachio Processing Facility" ("Project").
16 B. The Project proposes to allow the construction and operation of a new pistachio processing
17 facility on an 80-acre portion of a 315.76-acre site with a variance to allow the construction of some
18 structures in excess of the height limitations of the AE-20 (Exclusive Agriculture; 20-acre minimum
19 parcel size) Zone District. A copy of the Project Description is attached hereto as Exhibit A and a copy
20 of the approved Work Program is attached hereto as Exhibit B, and both are incorporated herein by this
21 reference.
22 C. Applicant understands that as required by the County and by law, the Director of the Fresno
23 County Department of Public Works and Planning ("Director") is responsible for the environmental
24 documents prepared for the Project and in order to prepare a legally adequate EIR, the County must
25 engage the services of a qualified consultant to perform the necessary work in the preparation of an
26 EIR for the proposed Project to which the Applicant has selected the firm Environmental Science
27 Associates (ESA) Inc. ("Consultant") and pursuant to the Consultant Agreement, Consultant is to
28 contract directly with the County and perform the necessary work in the preparation of an EIR on behalf
Applicant Agreement— Kamm Avenue Pistachio Processing, LLC
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I of the County. Applicant understands and acknowledges that the Consultant is not in the employ or
2 under contract with the Applicant, and that Applicant is not to directly contact or otherwise communicate
3 or correspond with Consultant regarding the Project without first requesting and receiving permission
4 from County and involving the County in any such contact, communication, or correspondence.
5 D. Applicant understands that the Project is subject to review and decision after completion of the
6 EIR, as prescribed by existing ordinance and laws; that County staffs recommendations must consider
7 the conclusions reached in the EIR; that the nature of the factors to be considered by County staff in
8 the review is such that recommendations to the decision-makers cannot be formalized until just prior to
9 the point of decision-making and may in fact be different from the conclusions reached in the EIR; and
10 that the final decision on the Project will be made by the entity charged with such decision-making
11 authority.
12 E. County and Applicant were parties to an earlier Applicant Agreement, dated August 12, 2020
13 ("Previous Applicant Agreement"), for a predecessor version of the Project. The Parties intend that this
14 Agreement supersede the Previous Applicant Agreement.
15 F. Applicant understands they shall bear all costs and expenses required to complete the EIR and
16 the purpose of this Agreement is to create a contractual obligation for Applicant to pay the costs and
17 expenses necessary to complete the EIR.
18 AGREEMENT
19 In consideration of the covenants and conditions set forth herein, the Parties agree as follows:
20 1. OBLIGATIONS OF COUNTY
21 A. Engage for Services. Pursuant to the Consultant Agreement, entered into on the same
22 date as this Agreement, to perform the services necessary to complete the EIR the
23 County will engage for services the firm Environmental Science Associates (ESA) Inc.,
24 Consultant, to perform the necessary work in the Project Work Program as is described
25 in Exhibit B, which is divided into four (4) "Contract Deliverables," where each Contract
26 Deliverable includes one or more"Tasks", which are services Consultant must perform
27 to complete the Contract Deliverable.
28 /1/
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I B. Initiation of Work. County will direct Consultant to initiate work on one or more Contract
2 Deliverables, and County has the obligation to compensate Consultant for services
3 performed pursuant to County direction and will only direct Consultant to initiate work on
4 a Contract Deliverable after Applicant has remitted payment to County for the amount
5 budgeted under this Agreement for that Contract Deliverable, as described in Exhibit C
6 to this Agreement, titled "Payment to the County for Consultant Services".
7 C. Director Determination.Amounts received by County from the Applicant for services to
8 be performed by Consultant will be used by the County to compensate Consultant for
9 such services upon a determination by the Director that the services have been
10 performed satisfactorily.
11 2. INHIBITING FACTORS
12 A. Unforeseen Cir•curnstances. It is understood that weather and other factors beyond
13 Consultant's control may delay the completion of field work necessary for preparation of
14 the EIR. These unforeseen circumstances may require changes to the timelines
15 proposed in the Exhibit B, Work Program based on the Consultant's professional
16 judgment and in consultation with County.
17 B. Disclosure. Pursuant to the Consultant Agreement, Consultant shall be required to
18 disclose, at the earliest feasible time, those factors which could severely inhibit or
19 prohibit the approval or development of the Project. Based upon such advice and
20 information, the County shall advise Applicant of Consultant's conclusions for the
21 purpose of determining the feasibility of continuing with preparation of the EIR according
22 to the Work Program under the Consultant Agreement. Consultant will be allowed as
23 many additional days as are necessary to compensate for days lost due to inclement
24 weather or delays resulting from actions by Applicant including but not limited to
25 changes in the project.
26 C. Uncompens-ated ExpanOitures. In the event the preparation of the EIR is terminated,
27 Applicant shall pay for uncompensated expenses incurred by Consultant and approved
28 by the County per compensation rates set forth in Exhibit B, Work Program, and subject
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1 to the total sum agreed to therein the Consultant Agreement, together with such
2 additional services satisfactorily performed by Consultant after termination which is
3 authorized by County to complete the work performed to the date of termination.
4 D. Changes to Proposal. It is understood that changes to the Project proposal initiated by
5 Applicant after the execution date of this Agreement may result in additional costs,
6 delays and the need for additional Consultant services, which in turn may require "Extra
7 Services" as provided in Exhibit C of this Agreement and/or amendments pursuant to
8 Subsection 5.13 of this Agreement.
9 3. PAYIMENT TO TC;E-COUNTY FOR SERVICES
10 A. Payment. Applicant shall provide all payments to County as described in Exhibit C to
11 this Agreement, titled "Payment to the County for Consultant Services" and Exhibit D to
12 this Agreement, titled "Payment to the County for County Services".
13 B. Incidental Expenses. The Applicant is solely responsible for all its costs and expenses
14 that are not specified as payable by the County under this Agreement whether
15 anticipated or those that may materialize.
16 C. Communication with Consultant. Applicant understands, acknowledges, and agrees
17 that any payment to County as reimbursement for Consultant's services does not render
18 Consultant in the employ or under contract with the Applicant, and that Consultant is
19 under contract with the County. Applicant further understands, acknowledges, and
20 agrees that Applicant shall not directly contact or otherwise communicate or correspond
21 with Consultant regarding the Project without first requesting and receiving permission
22 from County and involving the County in any such contact, communication, or
23 correspondence.
24 4. HOLD HARMLESS
25 A. Duty to Indemnify. Applicant agrees to indemnify, save, hold harmless, and at County's
26 request, defend the County, its officers, agents, and employees from any and all costs
27 and expenses, damages, liabilities, claims, and losses occurring or resulting to County in
28 connection with the performance, or failure to perform, by Applicant, its officers, agents,
Applicant Agreement—Kamm Avenue Pistachio Processing, LLC
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1 or employees under this Agreement, and from any and all costs and expenses,
2 damages, liabilities, claims, and losses occurring or resulting to any person, firm, or
3 corporation who may be injured or damaged by the performance, or failure to perform, of
4 Consultant, its officers, agents, or employees under this Agreement.
5 B. Survival of Terms. The terms of this Section 4 of the Agreement shall survive the
6 termination of this Agreement.
7 5. NOTICES
8 A. Addresses for Delivery. Except as otherwise provided in this Agreement, the persons
9 and their addresses having authority to give and receive notices under this Agreement
10 include the following:
11 County:
Director of Public Works and Planning
12 Department of Public Works and Planning
2220 Tulare Street, Eighth Floor
13 Fresno, CA 93721
14 Attn: Division Manager/Development Services
Applicant:
15 Kamm Avenue Pistachio Processing, LLC.
1396 W. Herndon Ave, Ste 110
16 Fresno, CA 93711
17
18 B. Change of Contact Information. Either Party may change the information provided in
19 this Agreement by giving notice as provided in this section.
20 C. Method of Delivery. Each notice between the County and the Applicant provided for or
21 permitted under this Agreement must be in writing, state that it is a notice provided under
22 this Agreement, and be delivered either by personal service, by first-class United States
23 mail, or by an overnight commercial courier service.
24 (1) A notice delivered by personal service is effective upon service to the recipient.
25 (2) A notice delivered by first-class United States mail is effective three County
26 business days after deposit in the United States mail, postage prepaid,
27 addressed to the recipient.
28
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1 (3) A notice delivered by an overnight commercial courier service is effective one
2 County business day after deposit with the overnight commercial courier service,
3 delivery fees prepaid, with delivery instructions given for next day delivery,
4 addressed to the recipient.
5 D. Claims Presentation. For all claims arising out of or related to this Agreement, nothing
6 in this Section 5 establishes, waives, or modifies any claims presentation requirements
7 or procedures provided by law, including but not limited to the Government Claims Act
8 (Division 3.6 of Title 1 of the Government Code, beginning with section 810).
9 6. GENERAL TERMS
10 A. Effective Date; Term. This Agreement is effective on the Effective Date of this
11 Agreement and shall terminate following final payment under Section 3 and may be
12 immediately terminated by County upon written notice to Applicant if Applicant fails to
13 comply with any or all the terms of this Agreement. This Agreement may be immediately
14 terminated by Applicant upon written notice to County. If this Agreement is terminated as
15 provided in this sub-section, County will request Consultant to stop work on the Project.
16 Upon termination, County will determine what amounts are due and owing to Consultant
17 and County for work performed prior to termination, and return any remaining funds
18 received from the Applicant to the Applicant. If there are not sufficient funds received
19 from the Applicant to pay Consultant and County for work performed prior to termination,
20 Applicant shall in, remit the balance due to County.
21 B. Amendments or Modification. Any changes to this Agreement requested either by the
22 County or Applicant may only be affected if mutually agreed upon in writing, by duly
23 authorized representatives of the Parties hereto. County employees have no authority to
24 modify this Agreement except as expressly provided in this Agreement. This Agreement
25 shall not be modified or amended or any rights of a Party to it waived except by such a
26 writing.
27 C. Mon-Assignment. Neither Party may assign its rights or delegate its obligations under
28 this Agreement without the prior written consent of the other Party.
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I D. Governing Law. The laws of the State of California govern all matters arising from or
2 related to this Agreement.
3 E. Jurisdiction and Venue. This Agreement is signed and performed in Fresno County,
4 California. Applicant consents to California jurisdiction for actions arising from or related
5 to this Agreement, and, subject to the Government Claims Act, all such actions must be
6 brought and maintained in Fresno County.
7 F. Construction. The final form of this Agreement is the result of the Parties' combined
8 efforts. If anything in this Agreement is found by a court of competent jurisdiction to be
g ambiguous, that ambiguity shall not be resolved by construing the terms of this
10 Agreement against either Party.
11 G. Headings; Construction; Statutory References. The headings and section titles in this
12 Agreement are for convenience only and are not part of this Agreement. The final form
13 of this Agreement is the result of the Parties' combined efforts and negotiations between
14 the Parties. If anything in this Agreement is found by a court of competent jurisdiction to
15 be ambiguous, that ambiguity shall not be resolved by construing the terms of this
16 Agreement against either Party. The language of this Agreement shall be construed as a
17 whole according to its fair meaning and not strictly for or against any Party.Any rule of
18 construction to the effect that ambiguities are to be resolved against the drafting Party
19 shall not apply in interpreting this Agreement. All references in this Agreement to
20 particular statutes, regulations, ordinances or resolutions of the United States, the State
21 of California, or County of Fresno shall be deemed to include the same statute,
22 regulation, ordinance, or resolution as hereafter amended or renumbered, or if repealed,
23 to such other provisions as may thereafter govern the same subject. In the event of any
24 inconsistency between the text of this Agreement and the Exhibits attached to this
25 Agreement, such ambiguity shall be resolved in the following order of priority: (1) the text
26 of this Agreement, excluding the Exhibits, (1) Exhibit C (Payments to the County for
27 Consultant Services), (2) Exhibit D (Payments to the County for County Services), (3)
28 Exhibit B (Work Program), and (4) Exhibit A (Project Description).
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1 H. Severability. If anything in this Agreement is found by a court of competent jurisdiction
2 to be unlawful or otherwise unenforceable, the balance of this Agreement remains in
3 effect, and the Parties shall make best efforts to replace the unlawful or unenforceable
4 part of this Agreement with lawful and enforceable terms intended to accomplish the
5 Parties' original intent.
6 I. Nondiscrimination. During the performance of this Agreement, the Applicant shall not
7 unlawfully discriminate against any employee or applicant for employment, or recipient of
8 services, because of race, religious creed, color, national origin, ancestry, physical
9 disability, mental disability, medical condition, genetic information, marital status, sex,
10 gender, gender identity, gender expression, age, sexual orientation, military status or
11 veteran status pursuant to all applicable State of California and federal statutes and
12 regulation.
13 J. No Waiver. Payment, waiver, or discharge by County of any liability or obligation of the
14 Applicant under this Agreement on any one or more occasions is not a waiver of
15 performance of any continuing or other obligation of Applicant and does not prohibit
16 enforcement by the County of any obligation on any other occasion.
17 K. Entire Agreement. This Agreement constitutes the entire Agreement between Applicant
18 and County with respect to the subject matter hereof and supersedes all previous
19 negotiations, proposals, commitments, writing, advertisements, publications, and
20 understandings of any nature whatsoever, including without limitation the Previous
21 Applicant Agreement, unless expressly included in this Agreement.
22 L. No Third Party Beneficiaries. This Agreement does not and is not intended to create
23 any rights or obligations for any person or entity, including without limitation the
24 Consultant, except for the Parties.
25 M. Binding Upon Successors. This Agreement shall be binding upon and inure to the
26 benefit of the Parties and their respective successors in interest, assigns, legal
27 representatives, and heirs,
28 N. Authorized Signatures. The Applicant represents and warrants to County that:
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1 (1) Applicant is duly authorized and empowered to sign and perform its obligations
2 under this Agreement.
3 (2) The individual signing this Agreement on behalf of Applicant is duly authorized to
4 do so and his or her signature on this Agreement legally binds Applicant to the
5 terms of this Agreement.
6 0. Electronic Signatures. The Parties agree that this Agreement may be executed by
7 electronic signature as provided in this section.
8 (1) An "electronic signature" means any symbol or process intended by an individual
9 signing this Agreement to represent their signature, including but not limited to
10 (a) a digital signature; (b) a faxed version of an original handwritten signature; or
11 (c) an electronically scanned and transmitted (for example by PDF document)
12 version of an original handwritten signature.
13 (2) Each electronic signature affixed or attached to this Agreement(a) is deemed
14 equivalent to a valid original handwritten signature of the person signing this
15 Agreement for all purposes, including but not limited to evidentiary proof in any
16 administrative or judicial proceeding, and (b) has the same force and effect as
17 the valid original handwritten signature of that person.
18 (3) The provisions of this section satisfy the requirements of Civil Code section
19 1633.5, subdivision (b), in the Uniform Electronic Transaction Act(Civil Code,
20 Division 3, Part 2, Title 2.5, beginning with section 1633.1).
21 (4) Each Party using a digital signature represents that it has undertaken and
22 satisfied the requirements of Government Code section 16.5, subdivision (a),
23 paragraphs (1) through (5), and agrees that each other Party may rely upon that
24 representation.
25 (5) This Agreement is not conditioned upon the Parties conducting the transactions
26 under it by electronic means and either Party may sign this Agreement with an
27 original handwritten signature.
28
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1 P. Counterparts. This Agreement may be signed in counterparts, each of which is an
2 original, and all of which together constitute this Agreement.
3 [Signature page follows.]
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I In witness whereof, the Parties are signing this Agreement as of the Effective Date.
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APPLICANT: COUNTY OF FRESN
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6 �,
BY: BY:
7 W/EMENT 0 STEVE T:W ITE PE, PLS
u ECTOR DIRECTOR
8 ROUP, INC. DEPARTMENT OF PUBLIC WORKS
9 AND PLANNING
10
ORG. NO.: 4360-0200
11 SUBCLASS NO.: 0000
FUND NO.: 0001
12 ACCOUNT NO.: 7295
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Applicant Agreement— Kamm Avenue Pistachio Processing, LLC
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Exhibit A
The Kamm Avenue Pistachio Processing Plant (KAPP) is proposed by Kamm Avenue Pistachio
Processing, LLC (Applicant). The Applicant has applied to the Fresno County Department of
Public Works and Planning(County)for Classified Conditional Use Permit Application No.3685,
a height variance (Variance Application No. 4085), and early termination of certain agricultural
land conservation contracts (Williamson Act Contracts) to construct, operate, and maintain a
pistachio processing plant with the capacity to process up to 77 million pounds of finished
pistachio products per year (Project). The Project would provide new pistachio processing
capacity in the vicinity of existing pistachio orchards that currently ship harvested crops for
processing to more remote locations,including plants outside of the County. Refer to Section 2.2
for the full Project description.
Historically,almost all pistachio processing and similar agricultural facilities in the Central Valley
of California have been permitted by lead agencies, including the County and Central Valley
Regional Water Quality Control Board (Regional Board),using a Mitigated Negative Declaration
(MND)to comply with the California Environmental Quality Act(CEQA).An MND requires that
lead agency complete an"initial study"based on Appendix G of the CEQA Guidelines to identify
any potentially significant environmental impacts that could occur if a project was approved.
Prior to circulating a draft MND for public review and certification,a lead agency must determine
that: (1) an applicant's plans or proposals will clearly avoid or mitigate any potentially significant
effect on the environment; and (2) there is no substantial evidence in the "whole record" before
the lead agency that a project may have a significant effect on the environment(Public Resources
Code§21064.5).California lead agencies have routinely determined that both new and expanded
pistachio processing and similar operations in the state easily qualify for CEQA compliance with
the certification of an MND. In 2013, for example, the Regional Board issued Waste Discharge
Requirements (WDRs) to the El Dorado pistachio processing plant owned by the Wonderful
Company(WC)in Fresno County after preparing and certifying an MND(Regional Board Order
R5-2013-0151 and MND Resolution R5-2013-0152). In 2020, the Regional Board issued WDRs for
a WC processing plant increasing water use to approximately twice the amount as the proposed
Project relying on a 2011 MND certified by Madera County (Regional Board Order
R5-2020-0034).
(--nnciiltant Anraamnnt- ('rn%Affnrrl and Rn%A/Pn Pinnninn I I (`
Exhibit A
The proposed Project's CEQA review process, however, has been affected by a well-publicized
commercial dispute and lawsuit between WC and pistachio growers and producers affiliated
with the Applicant (see, e.g., M. Hiltzik, A nasty fight erupts between a major grower and the
giant Wonderful Pistachios firm, Los Angeles Times, Sept. 16, 2019
hLi:)S7: "t latUll es.COn-1 ��LlS; �S;s Lot- r201"")-09-1:) 1tllt7 i :-F\-0r,'de_,fLll-PisLaChio-fig11t). In
conjunction with the dispute, WC has directly and encouraged other parties to object to the
Project and other affiliated pistachio processing facility permits and approvals based on
purported environmental concerns. In response to the unprecedented use of CEQA to impede a
competitor's pistachio operations, and unlike any other previous pistachio plant applicant in
California, a draft Environmental Impact Report (EIR), rather than a less detailed MND, was
prepared for the proposed Project and circulated for public review and comment in February
2021 (2021 DEIR). Consistent with its prior effort to leverage CEQA to oppose other pistachio
processing activities as part of its ongoing commercial dispute with the applicant,WC submitted
comments to the County claiming that there were several legal deficiencies in the 2021 EIR.
The proposed Project considered in the 2021 DEIR focused on the development of a three huller
line facility with appurtenant silo storage, and bulk processing facilities to respond to current
market opportunities. The 2021 DEIR analyzed the Project as it was planned to be built upon
approval. However, based on the historically expanding need for pistachio processing in
California, and WC's ongoing tactic of using CEQA objections and lawsuits to impede
competition, the Applicant has modified its application to include a larger processing plant
instead of proceeding more incrementally with potential expansions or modifications as may be
warranted by future market conditions. The Applicant has stated that this larger plan is intended
to reduce WC's opportunity to continue to file multiple CEQA challenges and lawsuits against
routine pistachio processing facility improvements, such as additional silo storage.
The proposed Project includes processing up to 77 million pounds of finished product per year,
the maximum anticipated capacity of the proposed Project over a 60-day harvest period. The
Project also includes the installation and operation of equipment and facilities that allow for the
production of organic and ready-to-eat(RTE) products for offsite retail sales as well as unsorted,
and sorted and graded bulk kernel and inshell products.This EIR considers potentially significant
environmental impacts that could occur from the construction and operation of this Project as
described in Section 2.2 below.
-,, - T -
Cnnsultnnt AnrPPmPnt- Crnwfnrrl and Rnwan Planninn I I r
Exhibit A
The proposed Project site is located on the Central Valley floor in western unincorporated Fresno
County, California, between the California Aqueduct and Interstate 5 (I-5). The unincorporated
community of Three Rocks, a U.S. Census designated place with a population of approximately
250, is located approximately 1.5 miles to the south of the KAPP facility's primary pistachio
hulling and processing equipment. The nearest major roadway intersection is West Kamm
Avenue and State Route 33, approximately one mile to the east. 1-5 is located approximately 2.5
miles to the southwest on the eastern edge of the Diablo Range foothills.The California Aqueduct
is located approximately 1 mile to the northeast.The general latitude and longitude for the Project
site is 36.523532' and-120.4115450. The Project is in the Levis, California,U.S. Geological Survey
(USGS) 7.5-minute quadrangle. Refer to Figures 2-1 and 2-2.
The proposed Project will be built on portions of parcels with Assessor's Parcel Numbers (APN)
038-300-17S (a 157.2-acre parcel) and 038-300-30S (a 160-acre parcel), (See Figure 2-3). The Project
will encompass approximately 223.9 acres,including a fenced area of operations extending south
from Kamm Avenue.Two lined process water primary and redundant detention basins each with
a holding capacity of 48 acre feet with related pumping and media filtration systems and access
roads 14.5 acres of parcel APN 038-300-30S. Approximately 93.3 acres in the southern portion of
parcel APN 038-300-30S will be undisturbed by the Project.
The project site is designated as Agricultural in the Fresno County General Plan and zoned AE-
20(Exclusive Agriculture,20-acre minimum parcel size) (see Figure 2-4).The site is located in the
Westlands Water District.The Project parcels are owned by Ventana South and were acquired in
2011. The parcels have not been used for commercial agricultural purposes since they were
acquired.Historical records indicate that that the northern parcel,APN 038-300-17S,has not been
used for agriculture since at least 2009.The southern parcel,APN 038-300-30S,has not been used
for agriculture since 2006. Neither parcel contains soil identified as prime, statewide important,
or unique farmland by the California Department of Conservation Farmland Mapping and
Monitoring Program (FMMP). The current FMMP map for Fresno County identifies the Project
site as farmland of local importance,which includes all farmable lands within the County that do
not meet the definitions of prime, statewide, or unique and land that is or has been used for
irrigated pasture, dryland farming, confined livestock and dairy, poultry facilities, aquaculture
and grazing.APN 038-300-17S and the western 80 acres of APN 038-300-30S are subject to existing
Williamson Act Contract No.365.The eastern 80 acres of APN 038-300-30S are subject to existing
Williamson Act Contract No. 1839. Notices of nonrenewal were filed with the County for the
portions of these Williamson Act contracts applicable to the Project site on September 20,2019.
Cnnsultant AnrePmPnt - Crawfnrrl anri Rnwan Planninn I I
Exhibit A
The Project site is characterized by barren land, including plowed fields and roads with no
vegetation, and areas characterized with annual non-native forbs and grasses. No shrubs, trees
or jurisdictional wetlands or waters are located on the Project site. In late 2019, grading,
excavation,foundation installation,crushed asphalt deposition and the placement of two storage
silos and other structures occurred, primarily within the northern 80 acres of APN 038-300-17S.
Thus, the environmental baseline for evaluating potential Project impacts is June 1, 2019, which
is prior to the development of existing improvements on the site.
Existing land uses surrounding the Project site consist of agricultural land, including nearby
pistachio orchards owned and operated by affiliated entities that would be served by the
proposed processing facilities. The FMMP map for the County identifies areas to the north, east
and west as prime agricultural land, most of which is planted with pistachio trees. Two existing
water pipelines extend along the eastern border of the site. A metered connection will be installed
on the eastern Cantua Orchard Farms (Cantua) pipeline to provide water for the Project from an
existing turnout on the California Aqueduct to the north.Treated process water will be discharged
from the Project through a connection with the western Panoche Pisachio Farms (Panoche)
pipeline and used for irrigation on approximately 3,396 acres of existing, adjacent pistachio
orchards owned and operated by affiliated entities.Residential and related commercial land uses
are located in Three Rocks, approximately 1.5 miles southeast of the main KAPP processing
facilities.An existing electrical power line extends from the Giffen Substation operated by PG&E
to the east of the Project area along the north side of Kamm Avenue at the northern border of the
site.PG&E operates existing natural gas transmission line 300B to the west of the Project site.
Cnnsi ltant AnrePmPnt- CmmAnrrl and Rnwen Planninn I I C'.
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Exhibit A
The Project Applicant is proposing to operate the Project 24-hours per day, 365-days per year
except for thirteen(13)holidays, to hull, store, process and package up to 77 million pounds per
year of finished pistachio products.The Project will create 200 full time jobs and 210 seasonal jobs
during the harvest.
The plant will have three hulling lines. Raw pistachios from local and other orchards will be
delivered to each line during the harvest,which typically occurs in August to October,and would
extend for up to 60 days each year.The hulling lines and related equipment will remove the soft
outer hulls from the pistachios as well as twigs, stems, leaves and other greenwaste. Hulled
pistachios will separated into lighter pistachios that float ("floaters") and heavier pistachios that
sink ("sinkers") in float tanks after hulling. Floaters and sinkers will be separately dried in 15
double stacked drying units and conveyed for further drying and storage in 52 silos. Stored
pistachios will be removed from the silos and processed as required to meet market demand.
Finished pistachio products produced by the plant will include unsorted pistachios("field huller
run" pistachios), sorted and graded bulk and wholesale kernel and inshell pistachios, organic
pistachios, and ready-to-eat (RTE) kernel and inshell products, including single serve RTE
products packaged for offsite retail sale.
The Project will include the facilities and equipment identified in the bulleted list below:
• Three (3) cement-lined receiving pits for raw harvested pistachios delivered from
orchards in harvest truck trailers during the harvest period.
• Three (3) incline conveyors from the receiving pits to the precleaners.
• Three(3)precleaners that extract greenwaste materials,including twigs,stems leaves and
other debris prior to hulling.
• Three (3) huller feed conveyors from the precleaners to the hulling lines.
• One(1) approximately 21,600 square foot huller canopy under which three (3) hulling
lines, eighteen (18) float tanks, and three (3) float tank and float tank overflow water
recycling units will be located.
• One (1) floater line collecting floaters from the float tanks, aspirating floaters using two
(2) cyclone and fan units, and passing the floaters over two (2) shaker units prior to
conveyance to the dryers.
• Three (3) cyclones and fan units serving each hulling line (nine (9) total cyclone and fan
units).
• One (1) concrete-lined approximately 616 square foot by 15 foot deep huller pit with
appurtenant piping,pumping,agitation, and water level monitoring equipment to collect
Consultant Aareement- Crawford and Bowen Plannina. LLC
Exhibit A
process water and solids from hulling and harvest period washdown for pumping to the
dewatering pit.
• One(1) approximately 62,500 square foot uncovered huller equipment area where
hulling equipment and machinery will be located as required during the harvest period.
• Two (2) 2.3 million British thermal unit (MMBtu) per hour rated natural gas fired 40-cell
sample dryers.
• Four(4) dryer feed conveyors from the hulling and floater lines to the dryers.
• Fifteen (15) double-stacked 27 MMBtu per hour rated natural gas fired column dryers
with appurtenant catwalks, augers, floater dryer feeds and related equipment.
• Four(4) scalping deck conveyors between the dryers and the scalping decks.
• Four(4) scalping decks that remove greenwaste and debris prior to silo conveyance.
• One(1) silo feed dust collector/baghouse and fan.
• One(1)conveyance,transfer and truck trailer loading system for the collection and offsite
transport and reuse of greenwaste and debris removed from processed pistachios prior to
silo storage.
• Four(4) silo feed conveyors between the scalping decks and the silos.
• Fifty-two (52) silos, each with a 48-foot diameter and 70 feet 3-inch maximum height
including vent stacks,with appurtenant catwalks,cross and discharge conveyors,transfer
conveyors from the silos to finished product process building feed conveyors,and related
equipment.
• Two(2)4.2 MMBtu per hour rated natural gas fired silo heaters per silo(104 total heaters).
• One(1) water supply connection and metering installation to deliver water for plant
operations from the existing Cantua pipeline.
• Four(4) sand and media filters to initially treat incoming water to the plant.
• One (1) approximately 353,000-gallon water holding tank with appurtenant chlorination
application and mixing equipment to produce and store chlorine-treated water for
processing operations.
• One(1) approximately 2,130 square foot building with a control room for domestic water
treatment, including contact clarifier application equipment, five (5) multi-media and
granular activated charcoal filters, a supervisory control and data acquisition system to
monitor and report water quality, a screened overflow deck, shell manway and level
indicator, an aeration system and a finished water turbidity monitor and chlorine
analyzer.
• Two(2) domestic water storage tanks, each with an approximately 80,055 gallon capacity.
• One(1)approximately 15,000 square foot cold storage/freezer building(CSFB)for organic
pistachio storage.
Exhibit A
• One (1) approximately 1,200 square foot air building for air compressors and drying
systems adjacent to the CSFB.
• One(1) ammonia diffusion tank with dedicated piping to CSFB ammonia relief valves
on an approximately 100 square foot concrete pad adjacent to the CFSB.
• One (1) condenser piping system to cool and manage ammonia used for the CSFB on an
approximately 555 square foot concrete pad adjacent to the CFSB.
• One (1) approximately 1,200 square foot building housing compressors and mechanical
equipment adjacent to the CSFB.
• One(1) approximately 20,000 square foot four(4) chamber fumigation building within an
approximately 50,000 square foot fumigation pad.
• One (1) approximately 10,362 square foot administrative office building containing
offices, conference areas and rooms, storage closets, restrooms and similar facilities with
an approximately 1,000 square foot attached canopy.
• One (1) approximately 8,090 square foot employee welfare building containing an
employee breakroom, restrooms, meeting rooms and similar facilities with an
approximately 201 square foot attached canopy.
• One(1) approximately 6,570 square foot shop building containing maintenance areas and
equipment, an employee breakroom, restroom facilities, and related areas with a 2,920
square foot attached canopy.
• One(1) approximately 132,200 square foot processing building containing cablevey lines,
aspiration ducts and duct intake stations,pin drums,sizing sorters, and electronic sorting
machines, hand sort and audit stations, twenty-four (24) shellers, twelve (12) packaging
lines,up to six(6)of which will have RTE production capacity,a positive air pressure RTE
packaging room,RTE air handling and chiller units,surge bins,bin and packaged product
lift and conveyance equipment, palletizers, metal detectors, x-ray machines, supervisor
facilities, rest rooms, and a sanitation room with an approximately 9,800 square foot
attached canopy.
• One(1) approximately 1,600 square foot bin wash area adjacent to the processing
building.
• One (1) LP collector/baghouse and two (2) fans to aspirate the floater processing system
in the processing building.
• One (1) LP collector/baghouse and two (2) fans to aspirate other locations within the
processing building.
• Three (3) 400,000 Btu per hour rated natural gas fired water heaters for processing
building, administrative building and employee welfare building hot water.
Exhibit A
• One (1) baghouse and fan to aspirate the RTE/retail air (processing) system in the
processing building.
• One (1) 1 MMBtu per hour rated natural gas fired warmer with appurtenant conveyance
and related equipment.
• One (1) approximately 600 square foot pasteurizer boiler building with appurtenant
conveyance and related equipment and five (5) natural gas fired boilers, each rated at
1.969 MMBtu per hour, in a 400 square foot pasteurizer boiler building adjacent to the
processing building.
• One (1) pasteurizer air handler system building with an approximately 1,081 square foot
canopy adjacent to the processing building.
• One (1) 4.3 MMBtu per hour rated natural gas fired roaster with appurtenant conveyance
and related equipment.
• One(1) dust collector/baghouse and fan to aspirate the roaster air(processing)system in
the processing building.
• One (1) brining system,including a coating drum,brine mixing and batch tanks, and
one(1) approximately 8,850 gallon brine process water storage tank for offsite disposal
of brine waste.
• One(1))approximately 1,764 square foot concrete-lined dewatering pit with appurtenant
piping, pumping and water level monitoring equipment for receiving process water
through underground pipelines from the huller pit.
• One (1) ) approximately 1,600 square foot dewatering stand, including three (3) process
water separators, three (3) process water screens, and six (6) Vincent presses to remove
hulling residue and other solids from process water for transport and use offsite.
• One (1) approximately 1,764 square foot concrete-lined DAF receiving pit with
appurtenant piping, pumping and water level monitoring equipment for process water
after solid removal in the dewatering stand if necessary to meet applicable water quality
standards.
• One (1) DAF treatment system, including one (1) 800,000-gallon equalization and
pretreatment tank and two (2) DAF treatment units with appurtenant coagulant and
chemical application, flocculation, input regulation and output pumping equipment if
necessary to meet applicable water quality standards.
• One (1) approximately 100,000 gallon capacity DAF sludge tank to collect process water
skimmed from the DAF treatment units for further organic solid removal if necessary to
meet applicable water quality standards.
• One (1) approximately 1,000 square foot area where water and suspended solids in the
DAF sludge tank will be passed through a DAF sludge press and collected as compost
Consultant Agreement- Crawfnrci anti Rnwen Planninn I I C:
Exhibit A
quality solids for offsite transport and reuse if necessary to meet applicable water quality
standards.
• One (1) primary lined process water detention basin and one (1) ) redundant, backup
lined process water detention each with a 48 acre-foot holding capacity and appurtenant
pumping equipment to receive treated water from the DAF system prior to the media
filters.
• Sixteen (16) ) sand and media dewatering filters to treat process water prior to offsite
reuse.
• One (1) treated process water discharge connection and metering installation with
backflow prevention and appurtenant pre-irrigation and booster pumping equipment to
discharge treated process water to the existing Panoche pipeline for pistachio orchard
irrigation.
• One(1)approximately 6,570 square foot shop building with a gas water heater and a 2,920
square foot canopy containing maintenance areas and equipment, an employee
breakroom, restroom facilities,and related areas.
• One (1) approximately 982 square foot storage building near the huller lines for sample
dryer product analysis and quality control.
• Two (2) approximately 70 square foot water heater buildings.
• One(1)nitrogen gas generator with a rated capacity of 18,000 standard cubic feet per hour
adjacent to the processing building.
• One(1) approximately 40,OOOsquare foot finished goods warehouse.
• One (1) approximately 1,200 square foot motor control center building housing electrical
motor control components adjacent to the processing building.
• One (1) approximately 600 square foot fenced chemical storage cage and canopy.
• One (1) approximately 1,600 square foot concrete with two (2) 1,000 gallon diesel storage
tanks.
• One (1) approximately 1,200 square foot concrete pad with one (1) 250 gallon propane
storage tanks.
• One (1) approximately 324 square foot fire pump house building with a fire suppression
system and related equipment.
• One (1) approximately 155,000 square foot stormwater retention basin with an
approximately 38 acre-foot capacity.
• Five (5) domestic septic systems serving each of two (2) guard buildings and weigh
scales, the administrative and employee welfare buildings,the process building,and the
shop building.
Exhibit A
• One(1) approximately 22,500 square foot electrical switchyard connecting with
overhead power lines extending from an existing PG&E electrical line on the north side
of Kamm Avenue.
• One(1) approximately 198 square foot pad where high and low flow natural gas meters
will be installed and connect with a new supply pipeline extending from the existing
PG&E 300B pipeline.
• One (1) approximately 1,000 square foot guard building with an electric water heater
and an 80 foot weigh scale for non-harvest and other delivery/shipping employee,trips
trucks located at the northwest corner of the Project site adjacent to Kamm Avenue
entrance.
• One(1) approximately 200 square foot guard building with an electric water heater and
an 80 foot weigh scale for harvest and other delivery and shipping trucks located along
the western fenced border of the Project site.
• Approximately 84.4 acres for stabilizing and managing approximately 329,622 cubic
yards of soil excavated for Project construction.
• Three(3) onsite truck and trailer parking areas with a total of approximately 29.6 acres
for storing up to 250 harvest trailers.
Conceptual drawings of the proposed Project facility layout in the northern parcel(APN 038-300-
17S) and the southern parcel (APN 038-300-30S) are shown in Figures 2-5 and 2-6.
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Exhibit A
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Consultant Aareement- Crawford and Bowen Plannina. LLC
Exhibit A
Harvest Period Operations
During the 60 day harvest period, harvested pistachios from local and other orchards will be
delivered through the guard gate and scale on the western border of the site discharge in three T-
shaped receiving pits east of the precleaner and hulling facilities. Unhulled pistachios will be
incline conveyed from the receiving pits through precleaning equipment, including two cyclone
and fan units at each of three precleaning stations, to remove stems, twigs, leaves and other
greenwaste and convey the collected material to trailers for offsite transport and reuse.Precleaned
pistachios will be conveyed to hulling equipment, including three hulling lines, eighteen float
tanks, and three overflow water recycling units.The soft external hulls will be removed from the
pistachios by the hulling equipment. Sinkers and floaters will be separated in the float tanks and
conveyed separately for cleaning, drying and silo storage. The recycling equipment will reduce
Project water use by capturing float tank overflow water for reuse in the hulling process. Two
sample dryers and appurtenant peeling equipment will be used to peel and dry a representative
portion of each incoming harvest load to evaluate its quality and value.
After hulling, sinkers will be conveyed and aspirated by three cyclone fan units to remove
greenwaste and debris for offsite transport and reuse through three conveyor lines to a bank of 15
double-stack natural gas-fired dryers.Floaters will be separately aspirated by two cyclone and fan
units, run through two shaker units to further remove twigs, stems and other greenwaste and
debris for offsite transport and reuse prior to conveyance to the dryer bank. The dryers will heat
the pistachios to remove moisture. After drying,sinkers and floaters will be separately conveyed
to four scalping decks and aspirated to remove greenwaste and debris for offsite transport and
reuse by a cyclone and fan unit prior to conveyance to the silos.
Sinkers and floaters will be separately conveyed to and stored in 52 48-foot diameter onsite silos
with a maximum height, including vent stacks, of 70 feet 3 inches. The silos will be built and
certified as required for operations such as quarterly fumigation and include a system of elevated
catwalks and conveyors. Each silo will be filled from the top through a chute using internal spiral
let-downs to prevent product breakage. Two gas-fired heaters will be mounted to each silo and
used as necessary during and after the harvest to stabilize moisture levels in the stored product.
The silos will have visual and physical testing ports to monitor stored product,moveable vents for
aeration, drying or stabilization and access ports for pest control operations and product loading
and extraction. Transfer conveyors will be used to extract and convey sinkers and floaters stored
in the silos to the finished product processing building conveyer feed lines throughout the year in
response to market demand.
Finished Product Operations
Exhibit A
Finished products will be produced in the processing building, including the CSFB and related
equipment and structures, located to the northwest of the storage silos. Finished product
processing will include producing shelled kernels from floaters and sinkers that are rejected for
inshell product use, and inshell products, primarily from sinkers. Kernel and inshell pistachio
production operations will both utilize product conveyance, cleaning and handling equipment,
including bin dumpers and bin storage, box fillers, cablevey conveyors, vibratory feeders, lifts,
electronic and multi-pass color and size sorters,hoppers,magnets,metal detectors,palletizers,pin
sorters, sizers, tote fillers, and x-ray examination machines. Kernel production facilities will
include 24 shellers to remove the outer shells of the pistachios and hand inspection and evaluation
stations. Inshell production will include sizing and sorting equipment and hand audit stations.
The kernel and inshell production operations will each be separately aspirated by an external LP
collector/baghouse and fan which will extract shell waste,dust and debris through ducts mounted
at multiple locations inside the processing building for offsite transport and reuse.
A CSFB will be located adjacent to the processing building to freeze pistachios and provide pest
control for organic products. The CSFB temperature will be regulated by using an ammonia tank
diffuser and condenser system.
A pasteurizer, warmer, brining and salting system, and roaster will be used in the processing
building to produce pasteurized salted and unsalted, and roasted or unroasted kernel and inshell
products. The pasteurizer will utilize steam produced from gas fired boilers to treat and protect
pistachio products from pathogens. The warmer will prepare products for brining and salting. A
brine solution mixer, brining drum, and brine waste collection and storage tank system will be
used for salting products. Brine waste will be periodically transported from the storage tank for
offsite disposal at a licensed facility. An external baghouse and fan will extract shell waste, dust
and other debris through ducts mounted in the roaster facilities for offsite transport and reuse.
The processing building will include 12 packaging lines with the capability to package and prepare
for shipment bulk and wholesale kernel and inshell products and bulk, wholesale and
individually-packaged for offsite retail RTE products. Up to six packaging lines will be used for
RTE products. RTE production facilities will be served by dedicated air and cooling systems
appurtenant to the processing building and will occur in positive air pressure environments to
prevent contact with external contaminants.An external baghouse and fan will extract shell waste,
dust and other debris through ducts mounted in the RTE facilities for offsite transport and reuse.
A nitrogen generator adjacent to the processing building will supply nitrogen for flushing
packaged products as necessary for food safety and other requirements
Exhibit A
Finished packaged products will be loaded for shipment from a finished goods warehouse to the
south of or directly from the processing building.Finished product shipments will exit the Project
through the site's westernmost access point on Kamm Avenue.
Project Chemical Use
Fumigation to control pests adversely affecting pistachio products, pest control in onsite
structures, equipment washdown, equipment surface cleaning and disinfection and employee
sanitation, and onsite motor fuel use and storage will occur throughout the year.Fumigation will
primarily occur within the fumigation building, on the fumigation pad and in the silos for non-
organic products. Fumigants will be used in the fumigation building and the fumigation pad to
treat all outbound product,including within shipping containers and trailers,unless the product
has been roasted within ten(10) days prior to shipment.If required,non-organic pistachio product
work-in-progress,and finished products in bins or supersacks,will be fumigated in the fumigation
building or on the pad. Silos containing non-organic products will be fumigated quarterly. The
primary fumigants used within the Project site will be sulfuryl fluoride or phosphine. Access to
the fumigation building and onsite fumigant storage will be strictly controlled. A licensed
fumigation contractor will handle and apply all fumigants used onsite.
Other chemicals used in the plant facility include general household, cleaning, hand soap, and
surface sanitizer products, emergency eyewash and other health, safety and general maintenance
products throughout the facility. VAP-X, Card-O-Vap 8 or equivalent pest control products will
be used as required for pest control in office, sanitation, shipping and dining areas. Washdown
solutions, equipment sanitizers, oil, lubricants and other maintenance chemicals will be used for
huller line, silo and processing operations. Ammonia will be used for cooling in the CFSB, and
nitrogen gas will be used for packaging in the processing building. Chlorine, such as calcium or
sodium hypochlorite,contact clarifiers and similar constituents will be used in the facility's treated
process and domestic water supply system. Coagulants, flocculants and similar constituents will
be used in the dewatering and DAF systems for removing solids and constituents from process
water prior to discharge for orchard irrigation.Odor control chemicals,such as sodium hydroxide,
may be used to control odors if required in water temporarily onsite.
Diesel and propane will be stored onsite in tanks on cement pads. All potentially hazardous
materials stored onsite will be in locked locations with limited access by qualified employees,with
24-hour camera surveillance,including the chemical cage and canopy and in storage facilities next
to application equipment,such as for the process water and domestic water storage tanks and the
DAF system. On-site mixing and/or dilution of any chemical will occur in designated areas as
prescribed by applicable manufacturer written instructions and in accordance with County,
State
1--... A I 1 r'
Exhibit A
and Federal regulations. Safety Data Sheets (SDS) for all applicable onsite materials will be
available on-site to qualified personnel.
Project Workforce
The Project would operate 24 hours per day and 352 days per year with 13 holidays. A full time
workforce of 200 employees will work two 100-person 12-hour shifts each day the plant is in
operation.A seasonal workforce of 210 employees will work 7 days per week,24 hours per day in
two 105-person 12-hour shifts during the 60 day harvest.Excluding brief shift changeover periods,
there will be a maximum of 205 employees on the site during the harvest and 100 employees at
all other times the Project is in operation(see Table 2-1).
Table 2-1
Project Full Time and Seasonal Employees
Total Number, Shifts, and Maximum Number of Employees Onsite
During Harvest and Non-Harvest Operations
Maximum
number of
onsite
employees
Shifts (excluding
Full time per Seasonal shift
Employees day Employees Shifts changes)
Nonharvest
Operations (352
days) 200 2 - - 100
[4arvest(60 days) 200 2 210 2 205
Natural Gas and Electrical Utilities
The Project will be supplied with natural gas and electrical power by the Pacific Gas & Electric
Company (PG&E). Natural gas service will be provided by installing an 8 inch welded steel
underground pipeline operating at transmission pressure of at least 60 pounds per square inch
gauge (psig) frorRG&E's existing gas transmission line 300B to the Project site. The
transmission line will extend for approximately 3 miles on land owned by entities affiliated
with the Project applicant. Connection and regulation equipment will be installed at the
western terminus at the junction with pipeline 300B. The pipeline will connect with high and
low flow meters and related
(--nnci iltnnt Anraamant- (-rnxArfnrH and Rr)Inian Pinnninn I I C'
Exhibit A
equipment on a gas meter pad within the site) The pipeline will be built and operated by PG&E
after the Project is approved and the EIR is certified by the County.
Underground pipelines will be installed within the Project site to supply equipment using natural
gas from the high and low flow meters. The facility's high flow metered natural gas demand,
including the dryers,sample dryers,silo heaters,pasteurizer boilers,roaster and warmer,will be
approximately 324,106 thousand cubic feet (MCF) per year. Low flow metered natural gas
demand, primarily for water and building space heating, will be approximately 9,374 MCF per
year. The Project's total natural gas use will be approximately 333,480 MCF per year.
PG&E will provide electrical power by upgrading approximately 3.25 miles of an existing 12
kilovolt (W) distribution line from the Giffen substation west to the Project site. The upgrades
will supply a peak Project demand of 6.75 megawatts (NM) and include the replacement and
installation of power line poles and replacing existing conducting wire with higher capacity wire,
such as 715AL conductor, between the Project site and the Giffen substation. The improvements
would be completed by PG&E after the Project is approved and the EIR is certified by the County.
Underground electrical power lines will be installed from the switchyard to electrical equipment
throughout the site. The Project will use approximately 43,323 MW hours per year of electricity.
('nnci ilfnn+ 4nrnomnn+- (�roieifnrrl nnA Rn\A/on Dinnninn I I (`
Exhibit A
Water Supply, Demand, and Irrigation Use
The Project site is located in the Westlands Water District(WWD).The Project will obtain surface
water from existing pumps on the California Aqueduct to the north that will be conveyed south
to the existing 30-inch Cantua pipeline located on the east side of the site. A water supply intake
connection and meter will be installed at the Cantua pipeline and convey water supplies to the
site for initial treatment in water supply media filters, chlorination, and storage in an
approximately 353,000 gallon treated process water supply storage tank.
The Project has contracted with affiliated local growers that own and operate approximately 3,396
acres of pistachio orchards to obtain water for the proposed pistachio processing plant. The
Project will purchase surface water from the contracting growers and WWD will supply the water
in accordance with an approved municipal and industrial (MM) account for the Project. The
surface water will include federal Central Valley Project(CVP),CVP system carryover,and WWD
supplemental surface water supplies available to the contracting growers. Process water from
Project operations will be treated and pumped into the existing adjacent Panoche pipeline for
pistachio orchard irrigation within 3,396-acre land application area (LAA) owned and operated
by the contracting growers (see Figure 2-7 and Table 2-2).
rnnci Ilfnn4 AnnPPmanf- rl"a\A/fnYfl and Pn%Aian Plmnninn I I (`
Exhibit A
Figure 2-7
Location and Irrigated Acreage of
Pistachio Growers Contracting to Provide Surface Water Supplies for Project Operations
and Use Treated Process Water for Pistachio Orchard Irrigation
(See Table 2-2 for corresponding APN and acreage)
KAMM AVE
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Kamm Avenue Pistachio Processing, LLC
Wabar Suppliers Area
3.,9E:;CiiB i8iRICAE'-E LAND NOR-1H
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Exhibit A
Table 2-2
Pistachio Growers Contracting to Provide Surface Water Supplies for Project Operations
and Use Treated Process Water for Pistachio Orchard Irrigation
APN and Irrigated Acreage(From Figure 2-7)
Map Number(see Figure 2-9) Assessor's Parcel Number(APN) Acres
1 038-141-545 38.1
2 038-141-565 77.88
3 038-141-555 200
4 038-210-01 160
5 038-210-425 160
6 038-210-405 20
7 038-210-395 40
8 038-210-375 80
9 038-141-52 40
10 038-141-53 120
11 038-210-025 160
12 038-210-03S 160
13 038-210-385 160
14 038-210-26 25
15 038-210-275 25
16 038-210-54S 80
17 038-210-08 80
18 038-210-09 80
19 038-210-145 80
20 038-210-155 80
21 038-210-745 160
22 038-210-635 157.29
23 038-210-105 160
24 038-141-17 20
25 038-141-19 60
26 038-141-215 75.74
27 038-210-135 53.33
28 038-210-255 160
29 038-210-285 25
30 038-210-305 160
31 038-210-325 20
32 038-210-335 20
33 038-210-345 20
34 038-210-355 10
35 038-210-365 10
36 038-210-55S 73.51
37 038-210-825 106.66
38 038-300-295 158.46
39 038-300-10 40
40 038-300-115 40
Total 3,395.97
Exhibit A
The Project has contracted with the Revised and Amended Farid Assemi Revocable Trust, a
member-landowner of the Poso Creek Water Company with rights to bank up to 60,000 acre-feet
and recover on a firm annual basis net of storage losses 20,000 acre feet of stored water in the
existing Semitropic Water Bank, to use existing CVP water stored in the bank (banked water) if
necessary during exceptionally dry periods that may occur using conservative projections of
future state hydrologic conditions.The banked water would be used to supplement as necessary
surface water available from the contracting growers for Project operations. The amount of the
available banked water subject to the agreement is 1,435 acre-feet, approximately five years
supply for the Project.If utilized,the banked water supply must be replenished to maintain a five
year supply of available banked water by the contractor in subsequent wetter years. No
groundwater will be used for Project purposes.
Approximately 85,509,037 gallons (262.4 acre-feet) of chlorinated and filtered water from the
supply storage tank (treated process water) will be used for the hulling lines during the harvest
each year. Approximately 5,339,679 gallons (16.4 acre-feet) of treated process water per year will
be used for dust control, landscape irrigation and as a standby supply for the onsite fire
suppression system.Approximately 2,770,260 gallons(8.5 acre-feet) of treated process water will
treated in onsite domestic water treatment facilities and stored in two approximately 80,055
gallon domestic water tanks. Domestic water use will include employee consumption,
evaporative cooling for buildings, and periodic pistachio processing equipment washdown. The
proposed processing plant will require a total of approximately 93,618,976 gallons (287.3 acre-
feet) of water supply per year(see Table 2-3).
Exhibit A
Table 2-3
Estimated Annual Water Demand for the Project
Treated Domestic
Total
Process Potable Total
Activity Water Water (Gallons) (Acre-
Water
(Gallons) (Gallons) feet))
Huller Lines—60 days 85,509,037 85,509,037 262.42
Process Water Detention Basin Washdown 96,000 96,000 0.29
Dewatering Facility Washdown 71,040 71,040 0.22
Employee Comfort Evaporative Coolers 1,454,500 1,454,500 4.46
Pasteurizer/Boiler Equipment Washdown 234,000 234,000 0.72
Bin Washdown 168,000 168,000 0.52
Packing Line Washdown 125,000 125,000 0.38
Brine System Equipment Washdown 120,000 120,000 0.37
Pasteurizer Equipment Washdown 20,160 20,160 0.06
Roaster Equipment Washdown 20,160 20,160 0.06
Dust Control 4,320,000 4,320,000 13.26
Landscape Irrigation 899,679 899,679 2.76
Employee Consumption 343,800 343,800 1.06
Fire Suppression System (Standby) 120,000 120,000 0.37
Silo Washdown 117,600 117,600 0.36
TOTAL 90,848,716 2,770,260 93,618,976 287.31
Process water from hulling operations and equipment washdown water will be directed to the
hulling pit near the hulling lines and pumped through two 18-inch diameter underground pipes
to the dewatering stand on the southern edge of parcel APN 038-300-17S. Hydrosieves, screens
and Vincent presses will separate and dewater hulling residue and other solids, which will be
conveyed to truck trailers for offsite shipping and reuse.Although the Project anticipates that the
proposed 3,396 acre LAA will be sufficient to meet applicable water quality standards for the
reuse of water from the facility for pistachio orchard irrigation, a DAF treatment system has been
included if necessary to provide additional water treatment. If needed, after passing through the
hydrosieves, screens and Vincent presses, the water will subsequently be conveyed to an onsite
DAF treatment system. An approximately 800,000 gallon equalization tank will be used to
provide consistent influent flow to the downstream DAF units using additives and agitation.
Stabilized water will exit the tank and coagulants and flocculation will occur prior to treatment
in the two DAF units. The DAF units use dissolved, pressurized air to create air bubbles that
collect suspended constituents in the water and move the constituents to the surface of the units.
The constituents are skimmed and removed from the water at the top of the units.The skimmed
Exhibit A
water and constituent solution is pumped to an approximately 100,000 gallon sludge tank and
sludge press, which extracts pressed solids from the water. The pressed solids will be compost-
grade quality and will be included in the greenwaste collected for transport and use offsite.
Process water will be pumped to 48 acre-foot capacity lined process water detention basin
located in the northeast of parcel of APN 038-300-305.A second,redundant 48 acre-foot capacity
lined process water detention basin will be located to the west of the primary basin to provide
backup capacity in the event of an unscheduled treatment system interruption. Water from the
detention basin will be pumped through 16 media filters and discharged to the existing 34-inch
Panoche pipeline to the east of the site for irrigation within the 3,396 acre LAA (see Figure 2-7).
Approximately 91 percent of the Project's total annual water demand will be used during the
harvest for hulling operations. The facility's average water demand at the Project's three huller
lines will be approximately 1.42 million gallons per day (gpd) and peak water demand will be
approximately 2.59 million gpd during the 60 day harvest. The onsite dewatering, solid
extraction, DAF system if needed, detention basin and media filter treatment process will have
the capacity to fully treat the Project's average and maximum flow from hulling and dewatering
operations and the substantially lower flow levels that would occur from non-harvest operations
(see Table 2-3). A portion of the water supplied to the plant, such as water used for evaporative
cooling and dust control. will evaporate onsite. Other water supplied to the facility may be
retained in hulling and other solids collected and transported for offsite reuse.Approximately 80
percent(74,895,181 gallons or 229.8 acre-feet) to 90 percent(84,257,078 gallons or 258.6 acre-feet)
of water supplied to the Project will be treated and used for pistachio orchard irrigation by the
contracting growers within the 3,396 acre LAA.
Shell Waste, Greenwaste and Dewatered Hulling Solids Reuse
Organic solids will be produced from Project operations, primarily during the harvest period.
These materials include twigs, stems, leaves and other greenwaste, hull residue, and pistachio
shell waste. Organic greenwaste will also be generated by periodic cleaning of the process water
detention basins and pressed material from the DAF system, if needed.
Approximately 16.6 million pounds of shell waste per year will produced from Project pistachio
processing operations.All annual shell waste will be transported by truck and applied offsite in
approximately 4-inch layers within approximately 27 miles of unpaved, private orchard roads
owned and operated by affiliated growers within approximately 3 miles of the Project for dust
control.
_�'=J1''il 'D ��'�� FRtJ 1c:�.r rg i
Exhibit A
Approximately 9.73 million pounds of greenwaste and 128.6 million pounds of dewatered hull
residue collected at the dewatering stand will be generated by Project pistachio processing each
year.The Project has contracted with CG Partners LLC, a dairy operator, to take delivery of all of
the greenwaste and hulling residue from the Project each year for use as livestock and dairy feed,
compost and other beneficial uses offsite.
Other Solid Waste, Septic Systems and Brine Waste
Project operations, including cardboard, wrapping and other materials used in packaging, and
employee food and other consumption, will generate approximately 7.68 million pounds of
recyclable and other solid waste per year. This material will be collected in trailers, sorted and
recycled or disposed offsite by Mid Valley Disposal, a privately owned and operated company
that provides recycling and solid waste services throughout the Central Valley of California,
including Fresno County.
The Project will include five separate domestic septic systems for onsite restroom facilities and
domestic wash basins and sinks. Separate septic systems will serve each guard building and
weigh scale, the administrative and employee welfare buildings, including the employee
breakroom and supervisor offices, the process building, and the shop building. The septic
systems will be annually inspected and licensed contractors will remove solids from the systems
for offsite disposal as indicated by the inspections.
Liquid brine waste from brining and salting operations in the processing building will be
collected and stored in an approximately 8,850 gallon external tank. A licensed contractor using
a disposal truck with an approximately 5,400 gallon capacity will empty the brine storage tank
for offsite disposal once approximately every 40 days.
Stormwater
All stormwater and incidental runoff within the main plant area will be directed to an onsite
unlined detention basin near the northeastern border of the site.The basin will have the capacity
to store 38 acre-feet of stormwater and other runoff and will prevent offsite discharges from the
site. Water retained in the basin will evaporate or be absorbed in the upper portions of the
underlying soil formations and have no contact with local groundwater,which occurs at a depth
of approximately 375 to 495 feet. The primary and redundant process water detention basins on
the north of parcel APN 038-300-30S will be lined and only contain significant amounts of water
for brief periods during the harvest or non-harvest periods. Rainfall may accumulate for brief
periods in the basins.The basins will be regularly emptied for offsite pistachio crop irrigation in
Consultant Agreement- Crawford and Bowen Planning_ ITC
Exhibit A
the LAA.No offsite stormwater,nuisance flow discharges or contact with groundwater will occur
from the basins.
Traffic l Site Access
Each year during the harvest trucks hauling loaded trailers,primarily from nearby orchards,will
deliver harvested pistachios to the proposed processing plant from Kamm Avenue south to the
scale and guard shack near the southwest corner of the main plant fence line. Shipping, service,
maintenance, and other delivery trucks will also enter the Project site at this location. Trucks
hauling trailers with shell waste, greenwaste,hull residue and recyclable and solid waste offsite
will enter and exit the site via Kamm Avenue utilizing the Project's eastern access point. Finished
goods delivery trucks will enter and exit the site through the western entry on Kamm Avenue
and be loaded at the fumigation pad, processing building or finished goods warehouse. Visitors
and employees will access the site directly from Kamm Avenue central drive, north of the
processing building. Employee parking will be provided to the east of the administration and
employee welfare buildings.
The Project's internal roadway circulation pattern will include harvest truck delivery and exit
routes, finished product shipment and delivery access roads, loading and unloading docks and
other internal pathways necessary to access on-site equipment for maintenance and for other
Project purposes.Up to 250 harvest trailers would be parked on the site(see Figures 2-5 and 2-6).
Onsite roads will vary in width from 20 to 42 feet and will be constructed to meet onsite
maintenance requirements and Fresno County Fire Department standards. The Project's main
truck and trailer access roads will be paved or surfaced with crushed asphalt or other
commercially available pervious materials and will also provide a fire buffer and circulation for
emergency vehicles. Other onsite roads will be treated to avoid dust generation, including
applications of shell waste from project operations,water application,crushed asphalt,gravel, or
other dust palliative materials. No internal roads or drive aisles within the Project will be
maintained by the County.
Regular traffic to and from the site will include employee vehicles, harvest trucks transporting
raw pistachios to the site, shipping trucks for distributing finished products from the site,
recycling and solid waste disposal trucks, and visitor, delivery, and maintenance vehicle trips.
The Project would reduce the length of harvest truck trips delivering raw pistachios from local
orchards to processing facilities. These crops have historically been transported to processing
plants located at least 30 miles from the orchards and in many cases outside of Fresno County.
Exhibit A
As discussed in Chapter 3.17,Traffic and Transportation of this EIR, the Project will implement a
ridesharing program with an employee participation rate of at least 23 percent to meet state
vehicle miles traveled (VMT) reduction objectives. The Project will provide jobs for 200 full time
employees working two shifts per day for 352 days per year with 13 holidays. The Project will
also employ 210 seasonal employees working two shifts during the 60 day harvest. A total of
146,910 inbound and outbound employee trips would occur each year with the implementation
of the ridesharing program(see Table 2-4).
Table 2-4
Annual Number of Employee Vehicle Trips
Inbound and Outbound with a 23 Percent Rideshare Participation
Number of Employees Annual trips,inbound&outbound
Single
Single Rideshare Occupancy
Occupancy (2 per (1 per
Employees Rideshare Vehicle Total vehicle) Vehicle) Total
Full time (352 days) 46 154 200 16,192 108,416 124,608
Seasonal (60 days) 48 162 210 2,898 19,404 22,302
Total 94 316 410 19,090 127,820 146,910
The majority of Project truck and commercial vehicle traffic would occur on designated truck
routes and major streets. Truck traffic will be routed to avoid traversing through local roads in
nearby communities.Project operations would generate approximately 28,346 truck and delivery,
maintenance and visitor vehicle inbound and outbound trips per year(see Table 2-5).
Table 2-5
Total Inbound and Outbound Annual Truck and Non-Employee Trips by Type
Total Inbound
Trip Type and Outbound
Trips per Year
Visitor Vehicles 1,528
Delivery Vehicles 1,480
^---..ice-_,. n___ r+__..r__r __r n_...__ ni i I r,
Exhibit A
Maintenance Trucks 730
Emergency Vehicles 6
Domestic Waste/Recyclables Disposal Trucks 384
Harvest Trucks 9,280
Greenwaste Offsite Reuse Trucks 964
Dewatered Hull Offsite Reuse Trucks 5,312
Shell Waste Offsite Reuse Trucks 992
Finished Product Trucks 7,650
Brine Waste Disposal Trucks 20
Total Inbound and Outbound Trips per Year 28,346
Mobile natural gasoline, propane and electric powered vehicles will be used throughout the site
during and after the annual harvest. Approximately 10 diesel shuttle trucks would each be used
approximately 10 to 12 hours per day during the harvest to move truck trailers to and from the
huller line receiving pits and used less intensively at other times of the year.The Project would use
10 electric and 10 propane powered forklifts for approximately 8 hours per day. Less intensively
utilized mobile equipment includes eight all-terrain 4x4 vehicles, eight bin dumpers; two boom
lifts,one grade-all and two scissor lifts (see Table 2-6).
Table 2-6
Onsite Mobile Equipment
Number, Fuel, and Average Use Per Vehicle
EQUIPMENT QUANTITY FUEL TYPE AVERAGE USE PER VEHICLE
Shuttle Trucks 10 Diesel Harvest: 10 to 12 hours per day
Annual avg: 2 to 6 hours per day
Scissor Lifts 2 Electrical 4 hours twice per week
4x4 ATVs 8 Gasoline 6 hours per day
Bin Dumpers 8 Propane 4 hours per day
Boom Lifts 2 Diesel 4 hours twice a week
Grade-all 1 Diesel 8 hours once a week
Forklifts 10 Electric 8 hours per day
Forklifts 10 Propane 8 Hours per day
Fencing and Lighting
The boundary of the Project would be secured by a black 6-foot-high chain-link perimeter fence.
Motion sensitive, directional security lights, security cameras, motion detectors, and similar
technology would be used to allow for monitoring the site perimeter 24 hours per day, 7 days per
week.All exterior nighttime lighting would be shielded and directed downward in accordance
/'---..14...-.L n...-,.,..�.....a
Exhibit A
with applicable Fresno County rules and regulations. Safety and identification signs will be
posted around the perimeter of the Project site. No large billboard or commercial advertisement
will be permitted. All Project signage will conform with Fresno County signage requirements.
Construction
Project construction would be completed within approximately one year after approval by the
County. Construction equipment and materials would subsequently be removed from the site
during an approximately 30 day demobilization period. Project construction would require a
peak onsite construction workforce of approximately 130 workers.
Construction traffic would enter the site from the east on Kamm Avenue at a designated entry
point. Construction trailers would be powered by mobile diesel generators. Construction would
require the use of off-road and on-road diesel equipment such as excavators, trenchers, lifts,
earth-moving equipment such as loaders,compactors, and tractors,water and dump trucks, and
pavers. Concrete for project construction would be provided by either an onsite batch plant with
onsite raw materials storage or by purchasing and transporting cement by truck to the site from
commercial facilities.Construction equipment would generally be used 10 hours per day,six days
per week. All construction equipment and materials would be staged and stored on-site.
Approximately 329,622 cubic yards of soil will be excavated in the process of building the Project,
including constructing process water detention basins, the stormwater basin, the cement lined
receiving and process water pits, underground gas, electric and septic system utilities. All
excavated soil will be retained onsite within approximately 46.9 acres of parcel APN 038-300-30S
and approximately 37.5 acres of parcel APN 038-300-17S (see Figures 2-5 and 2-6). The soil will
be contoured to approximate the contours of the surrounding land, maintain existing drainage
patterns, avoid all mapped floodplains,and prevent onsite and offsite erosion, siltation or dust.
A Stormwater Pollution Prevention Plan(SWPPP)required by the RWQCS will be implemented
for all Project construction.Prior to construction,a qualified biologist will be retained to conduct
environmental awareness training and ensure that all construction activities occur solely within
the Project's planned onsite building and staging areas. The Project would also coordinate with
the California Office of the State Fire Marshall and the Fresno County Fire Department to provide
training for personnel to minimize fire risk, properly manage combustible vegetation or
agricultural products on and around the Project site, and to identify emergency response
procedures and transit routes. Fire extinguishers will be located throughout the site and on all
heavy equipment used during construction. All heavy equipment will utilize spark arresters,
turbo-chargers or similar combustion technologies to prevent sparks in engine exhaust.
(-nnci iltant Anraamant- ('rn%Atfnrr4 onr1 Rn1Atnn Dlnnninn I I (`
Exhibit A
Offsite natural gas and electrical service construction will be managed and completed by PG&E.
As discussed above,natural gas service improvements include the excavation and installation of
an 8 inch steel welded pipeline from the Project site to the existing 300B line, excavated soil
replacement and compaction, installation of connection equipment at the junction with the
existing 300B line, and 'installation of onsite connections with high and low flow metering
equipment. Electrical service improvements include replacing and upgrading power poles and
conductor wire between the Giffen substation and the site and connecting the existing 12 kV
power line with onsite metering and switchyard equipment.
In accordance with CEQA Guidelines Section 15124(b), the following are the Project objectives:
• To provide a modern, state-of-the-art pistachio processing facility in the vicinity of
existing pistachio orchards in unincorporated Fresno County that currently lack access to
local processing plants.
• To significantly reduce the length of the truck trips and associated roadway wear and tear,
air pollution, and greenhouse gas emissions required to deliver pistachios to pistachio
processing facilities from local orchards near the proposed plant each year.
• To provide new full-time and seasonal employment opportunities in historically
disadvantaged locations of unincorporated Fresno County.
• To maximize the economic benefit derived from water use in unincorporated Fresno
County by obtaining surface water supplies currently used for local pistachio orchard
irrigation to provide new local pistachio processing capacity and by returning 80 to 90
percent of the water to the orchards for irrigation.
• To maximize the beneficial reuse of organic solid materials generated from pistachio
processing,including use as animal feed and compost within the Central Valley region.
The County of Fresno will be the Lead Agency for the proposed Project pursuant to the California
Environmental Quality Act (CEQA). In additional to the certification of the Environmental Impact
Report for the Project, the following County of Fresno approvals and permits will be required:
• Approval of the requested Classified Conditional Use Permit for the Project,including the
onsite domestic water treatment facilities;
^___..LL__a A_--_—___t /'+__._.L___I __J nl---:.__. 1 1 n
Exhibit A
• Approval of a height variance for buildings and structures that are taller than the 35-foot
height limit in the AE-20 zoning district. The following structures would require the
variance:
o Two (2)bag houses(near the process building) that are 58'-9" above finish grade;
o One process building that is 47-2" above finish grade;
o Fifty-two (52) silos with ventilation that are 70'-3" above finish grade;
o Silo catwalks that are 62'-3" above finish grade;
o Silo conveyors that are 64'-9" above finish grade;
o One(1) dust collector near dryers that is 52'-8" above finish grade;
o One (1) dryer conveyor and catwalk assembly that is 38'-8" above finish grade;
o One(1) cyclone prior to huller equipment that is 43'-6" above finish grade;
• Early cancellation of the existing Williamson Act Contracts on the Project site;
• Completion and approval of a Site Plan Review for the Project;and
• Approval of grading, building, and other County permits required to construct and
operate the Project.
The Project will also require permits and approvals from other regulatory agencies,including the
following:
• An Authority to Construct and Permit to Operate issued by the San Joaquin Valley Air
Pollution Control District;
• Waste Discharge Requirements issued by the Central Valley Regional Water Quality
Control Board; and
• Drinking water source assessment and other applicable domestic water system approvals
issued by the State Water Resources Control Board.
Exhibit B
Work Program
Project Understanding
The proposed Project was considered in a 2021 Draft EIR (State Clearinghouse #2020090207),
which focused on the development of a three huller line facility with appurtenant silo storage,
and bulk processing facilities with a capacity to process up to 60 million pounds of finished
product per year to respond to current market opportunities. The 2021 Draft EIR analyzed the
Project as it was planned to be built upon approval. However, based on the historically
expanding need for pistachio processing in California, the Applicant has modified its
application to include a larger processing plant instead of proceeding more incrementally with
potential expansions or modifications as may be warranted by future market conditions. The
proposed now includes processing of up to 77 million pounds of finished product per year and
will occur on the same general site as was evaluated in the 2021 Draft EIR.
As such, the Project Description has changed significantly enough to warrant the preparation of
a revised and recirculated Draft EIR (RDEIR) pursuant to CEQA Guidelines Section 15088.5.
The RDEIR will utilize the updated Project Description (attached hereto as Attachment Al) as
the proposed Project Description. Based on this updated description, the previous 2021 Draft
EIR technical studies have been or will be updated to reflect the updated Project Description.
These technical studies will be provided to Crawford & Bowen for review. Prior to integration
of the technical studies into the RDEIR, Crawford & Bowen reserves the right to provide
comments on the technical studies. Crawford & Bowen will provide a determination of
adequacy of the studies prior to use in the RDEIR.
It is assumed the following updated studies will be provided to Crawford &Bowen:
• Cultural Resources Report(Table Mountain Rancheria)
• Biological Resources Report(QK, Inc.)
• Traffic Study(JLB Traffic Engineering)
• Air Quality/GHG Study(Dave Mitchell)
• Water Supply Analysis and Water Quality Study (Provost&Pritchard)
• Noise Assessment(WJV Acoustics)
• Soils Study
Environmental Requirements
The proposed Project will require a Recirculated Draft EIR(RDEIR) in order to comply with the
CEQA. Based on our preliminary assessment of the Project, experience with similar projects,
Exhibit B
Work Program
knowledge of the County,s requirements, and the Project Description provided to us, we
have developed the scope of work herein. It is summarized as follows:
o Notice of Preparation and Scoping Meeting
o Administrative RDEIR
o RDEIR
o Final REIR/Mitigation and Monitoring Program
o Findings of Fact/Statement of Overriding Considerations/Admin Record
Scope of Work
Crawford & Bowen Planning, Inc. will provide the services outlined below. However, there are
variables that may impact the level of analysis required. For instance, if additional technical
studies or additional technical analysis is required beyond what is included in this scope (i.e.
because of public/agency comments, etc.), Crawford & Bowen can perform those services under
a contract amendment or other mutually agreeable method. Our proposed scope of work is as
follows:
Task 1— Recirculation Initiation and Review
1.1—Kick Off Meeting and Review Existing Project Information
Crawford & Bowen will meet with County staff and the Project Applicant to further
discuss the scope, timing and details of the recirculation process. It is anticipated that all
Project information will be provided to Crawford & Bowen at this time. Lines of
communication will be established and a schedule developed. For each of the technical
studies that have been, or will be prepared for the Project, Crawford & Bowen will
conduct a peer review to determine adequacy for inclusion in the Project CEQA
documents. If a technical study is determined to be inadequate or needs further
revision/updates, Crawford & Bowen will require that technical study be revised and
returned. Additional rounds of review may be necessary depending on the adequacy of
the revised technical studies. Crawford & Bowen will prepare a memorandum for each
technical study that either confirms its adequacy or outlines any deficiencies. Time to
conduct these peer review tasks is incorporated under Task 3 under each individual
impact section.
Deliverable: Project Kick Off Meeting
Exhibit B
Work Program
1.2—RDEIR Project Description and Project Objectives
Based on the results of the project initiation meeting and the materials provided by the
County and the Project Applicant, as well as Crawford & Bowen's review of other
relevant information, a draft project description for the RDEIR will be prepared for the
County's and Project Applicant's review and comment. As specified in the State CEQA
Guidelines, Section 15124, the RDEIR will include a detailed project description using
text and graphics inclusive of the project's regional and local setting and the project's
history and land uses. The project description will also include the project's objectives
(from the perspectives of both the County and the Project Applicant), characteristics,
phasing, and important features. The final project description will be used in preparing
the Notice of Preparation.
Deliverable: Project Description
Task 2—Public Scoping Process
Crawford & Bowen will coordinate and prepare the appropriate documents for the
public scoping process, including preparation of a Notice of Preparation (NOP) of the
RDEIR. The NOP will be noticed, published and circulated to applicable local and State
agencies pursuant to CEQA Guidelines. A Scoping Meeting will be held to solicit input
as to the scope and content of the RDEIR(at the discretion of the County)."
2.1—Notice of Preparation
Crawford & Bowen will prepare a Notice of Preparation (NOP) consistent with the
County's approved format. The NOP will contain all statutory requirements, including
the project description developed in Task 1.2 above, project location, a brief overview of
potential environmental impacts, project maps, the date, time, and place of the public
scoping meeting(s), the address where the documents are available for review, the
address where comments may be sent, and the deadline for submitting comments.
Crawford &Bowen will be responsible for publication of the NOP in the Fresno Business
journal and one other local newspaper. Crawford & Bowen will also be responsible for
sending the NOP to surrounding property owners and other recipients as identified on a
mailing list that will be provided by Fresno County.
2.2—Scoping Meeting
Crawford & Bowen will conduct a scoping meeting during the 30-day NOP public
review period and will prepare appropriate graphics/visual displays (in PowerPoint
format) and/or handouts, as directed by County staff. This may occur either as an in-
person meeting or via an on-line digital meeting depending on the circumstances.
Exhibit B
Work Program
"Note — It may be necessary to revise the topics and/or content to be analyzed in the
RDEIR based on comments received during the public scoping process.
Deliverables:
NOP in PDF or CD format
3-Hard copies of NOP
State Clearinghouse package (submitted online)
Newspaper notices
Mailings
Task 3— RDEIR
Crawford &Bowen Planning,Inc. will prepare the RDEIR in accordance with CEQA Guidelines
and the 2022 CEQA Appendix G Checklist. Much of the information in the RDEIR will come
from the 2021 Draft EIR and the updated technical studies that are being updated for the
Project. The 2021 Draft EIR will be revised to reflect the Project Description as shown in
Attachment Al. The RDEIR will include:
Executive Summary. This chapter provides a summary of the content and findings of
the RDEIR, including a table showing the project mitigation measures. As potentially the
most referenced portion of the RDEIR, this Section will be prepared in an easily
accessible format with summary tables and figures.
Chapter One - Introduction. This chapter sets the stage for the environmental
evaluation and introduces the RDEIR along with its contents, intent and legal
foundations. This chapter will also discuss the public review process and will provide
context for the roles of the County,Applicant and other agencies.
Chapter Two - Project Description. This section describes the key elements of the
proposed project in detail. The project description developed under Task 1 will be
utilized as the starting point for development of the RDEIR project description. This will
include a presentation of all the proposed components of the project including:
o Location
o Project Objectives
o Project Components
o Project Phasing
o Environmental Setting
o Maps/Graphics
Exhibit B
Work Program
This chapter will be prepared in accordance with CEQA Guidelines Section 15124. As
required by §15125 of the CEQA Guidelines, the Environmental Setting (existing
conditions) portion of the RDEIR will contain a "description of the environment in the
vicinity of the project, as it exists before the commencement of the project, from both the
local and regional perspective." Crawford & Bowen will work with Fresno County to
identify the appropriate baseline.
Chapter Three - Environmental Evaluation — This chapter is based off the CEQA
Appendix G Checklist. Each individual topic section will include:
o Introductory information
o Environmental and regulatory setting
o Thresholds
o An evaluation of project impacts pertaining to that topic
Impact evaluation criteria or thresholds for determining the significance of impacts will
be described for each topic. The significance of project-related impacts will then be
determined for each topical area. The analysis will focus on issues identified by
responsible and trustee agencies, local agencies and other interested parties in response
to the NOP. Impacts found to be less than significant will be described. Impacts that
cannot be mitigated below the level of significance will be identified, and the extent to
which those impacts could be mitigated through project alternatives or changes will be
demonstrated. Impacts will be quantified to the extent possible. Mitigation measures
will be listed and numbered and cross-referenced to applicable impacts.
To the extent feasible, Crawford & Bowen will utilize the information in the 2021 Draft
EIR for use in the RDEIR and will supplement the information as necessary.Where there
are specific technical studies pertaining to an environmental topic, Crawford & Bowen
will utilize the technical information in each study and will present the information in
the RDEIR section within the context of CEQA. The language in each RDEIR section
must be clear, readable, and understandable to the general public, therefore Crawford &
Bowen will utilize graphics, tables, summaries and other methods to present a clear and
concise document.
The issue areas are as follows:
o Aesthetics
o Agricultural/Forestry Resources
0 Air Quality
Exhibit B
Work Program
o Biological Resources
o Cultural Resources
o Energy
o Geology and Soils
o Greenhouse Gas Emissions
o Hazards and Hazardous Materials
o Hydrology and Water Quality
o Land Use and Planning
o Mineral Resources
o Noise
o Population and Housing
o Public Services
o Recreation
o Transportation/Traffic
o Tribal Resources
o Utilities and Service Systems
o Wildfire
As summary of approach to some of the primary environmental topics is below.
Aesthetics/Visual Resources
The potential aesthetics-related impacts of the proposed project will be evaluated.
Impacts will be assessed in terms of potential buildout of the project, alteration of the
visual setting by grading and structures, and sensitivity of viewpoints. Crawford &
Bowen will provide photographs from key observation points; however, architectural
renderings and project design maps/graphics will be provided by the Applicant if
available. Mitigation measures will be recommended to reduce any significant impacts.
Mitigation measures will likely be integrated with design standards to address potential
glare impacts from construction and operation of future projects. This analysis does not
include the use of visual simulations. If determined necessary, these would require an
augmentation of the scope and budget.
Agriculture/Forestry Resources
The project applicant has indicated that the Williamson Act cancellation process will
occur for the Project. For purposes of this RDEIR, Crawford & Bowen will utilize the
Land Evaluation Site Assessment prepared for the 2021 Draft EIR to aid in determining
project impacts to protected farmland. Appropriate minimization and mitigation
measures will be presented, and a determination of significance will be provided.
Exhibit B
Work Program
Air Quality
The updated Air Quality technical report prepared by Dave Mitchell will be used as the
basis for this section of the RDEIR. Crawford &Bowen will take the appropriate relevant
information and present it in the context of CEQA within this RDEIR section. Long term
operational impacts as well as short term construction impacts will be evaluated for
potential impacts to regional and local air quality. A list of mitigation measures will be
prepared for any impacts found to be significant or potentially significant. The
effectiveness of mitigation measures will be assessed and quantified, as feasible, in
accordance with the Air District's thresholds of significance.
Biological Resources
The project area primarily consists of disturbed/disked land. Because of this, the project
site is not considered to be a very biologically diverse area. In addition, the lack of
natural land cover greatly reduces the biological complexity. However, the updated
biological resources assessment prepared by QK, Inc. will include the research,
reconnaissance level surveys and analysis necessary to make a determination of project
impacts to biological resources. Crawford & Bowen will use the information in the
technical study to present the data in the context of CEQA in this section of the RDEIR.
Appropriate minimization and mitigation measures will be presented, and a
determination of significance will be provided.
Cultural Resources
The updated cultural resources assessment prepared by Table Mountain Rancheria will
include the research, surveys and analysis necessary to make a determination of project
impacts to cultural resources. Crawford & Bowen will use the information in the
technical study to present the data in the context of CEQA in this section of the RDEIR.
Appropriate minimization and mitigation measures will be presented, and a
determination of significance will be provided.
Geology, Soils, and Seismicity
The site is relatively flat with little variation in topography. Crawford & Bowen will
address impacts related to soils, geologic hazards, and seismic safety. Effects associated
with erosion, deposition, displacement, compaction or coverage of soils, alteration of
topography, and geologic hazards. The Soils Study prepared for the 2021 Draft EIR, as
well as any available geotechnical information provided by the Applicant, Safety
Elements, and other data will be used. Potential impacts will be assessed and mitigation
measures included if necessary.
Exhibit B
Work Program
Greenhouse Gases
The updated Greenhouse Gas technical report prepared by Dave Mitchell will be used to
complete this section of the RDEIR. Crawford & Bowen will extract the appropriate
technical data from the technical study and present it in the context of CEQA in this
RDEIR section.
Hazards and Hazardous Materials
The historical uses of the site will be documented for periods for which data is available.
Pursuant to CEQA, the California Department of Toxic Substances Control (DTSC)
maintains a Hazardous Waste and Substances Sites List (Cortese List). As part of the
Cortese list, DTSC also tracks "Calsites," which are mitigation or Brownfield sites that
are subject to Annual Workplans and/or are listed as Backlog sites, confirmed release
sites that are not currently being worked on by DTSC. As part of the RDEIR, Crawford
& Bowen will conduct an updated review of the online Cortese List in order to identify
any hazardous sites in the area that may have been listed. Potential impacts will be
assessed, and mitigation measures included if necessary. Hazards that may result from
the project will also be evaluated.
Hydrology and Water Quality
Crawford & Bowen will summarize existing hydrological conditions in the project area
watershed and groundwater basin using existing published documentation. The
updated Water Supply Analysis and Water Quality Study prepared by Provost &
Pritchard will be used to complete this section of the RDEIR as it pertains to water
usage. Potential effects of project development will be described. The State Water
Resources Control Board and the Regional Water Quality Control Board, Central Valley
Region, have established water quality standards required by Section 303 of the Clean
Water Act and the Porter-Cologne Water Quality Control Act. The hydrology and water
quality analysis will address the project's compliance with the State's construction
stormwater regulations. Compliance with the requirements of the National Pollutant
Discharge Elimination System will also be addressed.
Noise
The updated Noise Study technical report prepared by WJV Acoustics will be used to
complete this section of the RDEIR. Crawford & Bowen will extract the appropriate
technical data from the technical study and present it in the context of CEQA in this
RDEIR section.
Public Services
Crawford & Bowen will use the most recent data available to discuss existing public
services including police and fire protection, and schools. These agencies will be
Exhibit B
Work Program
contacted to identify project service implications and any environmental impacts that
could result from the need of additional facilities. Although the project could generate
additional demand for services, these additional needs do not necessarily constitute an
environmental impact. The analysis will consider whether new public facilities required
by the project would cause secondary environmental impacts resulting from the project.
A description of potential impacts to existing conditions and services resulting from
project buildout will be prepared. Mitigation measures will be included,if necessary.
Transportation,Traffic, and Circulation
The updated Traffic Impact Study prepared by JLB Traffic Engineering will be used to
complete this section of the RDEIR. Crawford & Bowen will extract the appropriate
technical data from the technical study and present it in the context of CEQA in this
RDEIR section.
Tribal Resources
Fresno County previously complied with AB 52 for the Project. The results of this
process will be included in this RDEIR section.
Utilities and Service Systems
This section of the RDEIR will address potential effects related to the availability and
capacity of utilities and services. Some information from the Water Supply Analysis will
be used for this section of the RDEIR. Utilities and services that will be addressed
include sewer service, water service, and solid waste collection and disposal. This
section will discuss whether any of these services or facilities is below adopted
standards, or near or beyond their capacity to adequately serve the proposed project.
Where significant impacts are identified,mitigation measures will be proposed.
Chapter Four-Alternatives Analysis
Analysis of a reasonable range of alternatives to the proposed project will be conducted
according to section 15126(f) of the CEQA Guidelines. A "No Project" alternative will be
discussed per requirements of the CEQA Guidelines. Section 15126(f) limits the
alternatives analysis to alternatives that will avoid or substantially lessen any of the
significant effects of the Preferred Alternative. In addition to the No Project alternative,
Crawford & Bowen proposes to evaluate two alternatives to the proposed project that
will meet these criteria. These alternatives will be developed in close consultation with
County staff and the Applicant. They may include a reduced project alternative,
alternate site, or other. Crawford & Bowen will develop reasonably detailed analyses of
impacts associated with these alternatives, by topic, in comparison with the proposed
project.
Exhibit B
Work Program
As required by Section 15126(f), the RDEIR will identify the environmentally superior
alternative and, if that is the "No Project" alternative, the environmentally superior
alternative among the remaining alternatives.
Chapter Five-Cumulative Impacts
This section discusses impacts that result when combined with impacts of other projects
that may contribute to the magnitude of the particular impact. Crawford & Bowen will
discuss the incremental contribution of the project to cumulative effects of other past,
current, and planned or reasonably foreseeable projects in the vicinity. Crawford &
Bowen will work with Fresno County planning staff, as well as other local agencies to
compile an updated list of cumulative projects. This may include both the Project List
and/or the Summary of Projections methods.
Chapter Six—Other CEQA Requirements
Crawford & Bowen will prepare the remaining CEQA-mandated sections (growth
inducing impacts,impacts that cannot be avoided, and mitigation monitoring program).
Chapter Seven-Persons and Agencies Consulted
This chapter includes a list of persons and agencies that were consulted to obtain
information used in preparation of the RDEIR.
Administrative Draft, Screencheck Version, and Public Review RDEIR
Crawford & Bowen will submit an Administrative RDEIR (ADREIR) to the County for
review. However, prior to submittal of the ADREIR, the ADREIR will be provided to the
Project Applicant for review (in Word format to allow for tracked changes). Following
Applicant review, Crawford & Bowen will submit the original ADREIR showing
Applicant comments on the ADREIR (in tracked changes) to the County. Applicant
comments will not be incorporated into the ADREIR until/unless the County approves
of any changes the Applicant has suggested. Upon receipt of comments from the
County, Crawford & Bowen will make necessary revisions and prepare the Screencheck
RDEIR for submittal to the County. This scope of work assumes a maximum of one
review cycle with compiled comments from County staff on the ADREIR. This scope of
work assumes that this task will not require more than 30 hours of staff time. The
following is a summary of the ADREIR review process:
1. ADREIR provided to Applicant for review.
2. ADREIR with Applicant comments provided to the County for review.
3. Crawford & Bowen implement changes/updates to the ADREIR as requested by the
County.
Exhibit B
Work Program
4. Screencheck of the RDEIR (with implemented changes) provided to the County. The
Applicant will also be provided with the Screencheck version. Any changes made
during the Screencheck review by the Applicant will be routed to the County for
approval.
Notices
Crawford & Bowen will prepare the Notice of Availability, the Notice of Completion
(State Clearinghouse) and the State Clearinghouse Summary Form.
Deliverables:
1—Electronic Copy of the Administrative Draft REIR
1—Electronic Copy"Screen check" Administrative Draft REIR
6—Hard copies of the RDEIR
1—Camera-ready RDEIR and electronic versions
State Clearinghouse Package (submitted online)
Other CDs/electronic copies as needed
Notices
Newspaper publication(same newspapers as NOPI
Task 4—Final REIR
Pursuant to Section 15088 of the CEQA Guidelines, the Final Recirculated
Environmental Impact Report (FREIR) must respond in writing to each oral and written
comment on the RDEIR made by individuals, agencies, and organizations that review it.
Additional research and analysis will be undertaken by Crawford& Bowen as necessary
to effectively respond to comments. Comments regarding the sections or technical
reports prepared by subconsultants will be routed to them for review and comment,
with Crawford & Bowen responsible for final review for consistency and compilation of
the final responses.
The FREIR will incorporate written comments received and response to comments.
Along with the comments and responses, a list will be compiled of all persons,
organizations, and agencies commenting on the RDEIR. The FREIR will include
revisions to the RDEIR text and summary table, as necessitated by comments.
Comments, responses to comments, and the list of all persons, organizations, and
agencies commenting on the RDEIR will be included. Also included are errata and other
information, which when combined with the RDEIR, will constitute a FREIR.
A cost estimate range is provided herein which we believe will be adequate for the task.
If the level of response exceeds the assumed number of hours in the cost estimate,
Exhibit B
Work Program
Crawford & Bowen will respond to those comments that are above and beyond the
threshold on a time-and-materials basis, or another mutually agreeable formula.
Crawford & Bowen proposes to review all comments and then provide the County with
an estimate to complete the FREIR. The cost estimate assumes no more than 120 hours
will be required for responses to comments. The FREIR will contain an errata section (if
necessary) and a mitigation monitoring and reporting program.
Crawford & Bowen will submit an Administrative Draft Final REIR (ADFREIR) to the
County for review. However, prior to submittal of the ADFREIR, the ADFREIR will be
provided to the Project Applicant for review. Following Applicant review, Crawford &
Bowen will submit the original ADFREIR and Applicant comments on the ADFREIR to
the County. Applicant comments will not be incorporated into the ADFREIR
until/unless the County approves of any changes the Applicant has suggested. Upon
receipt of comments from the County, Crawford & Bowen will make necessary revisions
and prepare the Screencheck FREIR for submittal to the County. The following is a
summary of the ADFREIR review process:
1. ADFREIR provided to Applicant for review.
2. ADFREIR with Applicant comments provided to the County for review.
3. Crawford &Bowen implement changes/updates to the ADFREIR as requested by the
County.
4. Screencheck of the FREIR (with implemented changes) provided to the County. The
Applicant will also be provided with the Screencheck version. Any changes made
during the Screencheck review by the Applicant will be routed to the County for
approval.
Deliverables:
1—Electronic Copy of the Administrative Final REIR
6—Hard copies of the Final REIR
1 —Camera-ready Final REIR and electronic versions
Other CDs/electronic copies as needed
Task 5— Findings of Fact/Statement of Overriding Considerations/Admin Record
Crawford & Bowen will prepare findings for each significant effect identified in the
FREIR. A Statement of Overriding Considerations will be prepared for significant and
unavoidable impacts of the project. Draft copies of these documents will be provided to
Exhibit B
Work Program
the County for review and comment. Crawford & Bowen will finalize the documents as
requested by the County.
Crawford & Bowen will maintain an administrative record, including all
correspondence during the project. The entire administrative record will be turned over
to the County in electronic format.
Deliverables:
1—Electronic Copy of the Findings of Fact/SOC
1—Electronic Copy of the Administrative Record
Meetings and Hearings
The project will require attendance at public meetings such as a kick-off meeting, the
scoping meeting, public hearing(s) on the DREIR, and adoption hearing(s). It is assumed
that up to six (6) meetings may be required. Crawford & Bowen will be available to
attend and present the EIR conclusions as described herein (as applicable). Monthly
status meetings either in person or via telephone conference calls are anticipated
through the duration of the project. This task also consists of those management
activities that ensure Crawford & Bowen's ability to keep the project running smoothly,
on time, and within budget. As the liaison between the Crawford & Bowen team and
the County's staff, our project manager will ensure information is distributed
appropriately, comments regarding project-related issues are communicated effectively
and efficiently, and financial performance is tracked regularly (i.e., invoices). Time has
been included for meetings in Tasks 1,2, 3 and 4.
Exhibit B
Work Program
SCHEDULE
The schedule below is conceptual in nature. There are many variables outside of our
control that could impact the schedule,however a general schedule is provided.
Task Description Week of
Completion
1. Project Initiation /Review/ Description 2
2. Public Scoping Process (NOP) 4
30 day public review 5-9
3. Admin RDEIR Within 1 week of
receipt of final tech
study
TBD
County review of DREIR
TBD
45-day public review
4. Final REIR TBD
5. Findings/SOC/Admin Record TBD
COSTS
We propose to conduct the tasks outlined above on a fixed fee basis. Invoices will be sent as
applicable based on milestones completed. If tasks are requested outside of those identified in
this proposal, they can be performed under a separate scope and fee. A complete breakdown of
costs is included on the last page of this scope. Please also note that the County/Applicant will
be required to pay a CA Fish&Wildlife CEQA filing fee to the County Clerk after the RDEIR is
certified.
Task Description Fee
1. Project Initiation/Review/Description $1,750
2. Public Scoping Process (NOP) $3,825
3. Admin RDEIR / RDEIR $26,900
4. Final REIR $14,250
5. Findings/SOC /Admin Record $4,625
TOTAL $51,350
Exhibit B
Work Program
Cost Breakdown
Below is the breakdown of hours and direct costs associated with this scope of
work.
Crawford&Bowen
Printing/
Travis Crawford(P Emily Bowen® Labor Costs Postage/
hr 2 Task Subtotal
$125/ $1�5/hr Subtotal Mileage/
Newspaper
1.1 Kick-Off Meeting/
Task l—Project project Rev. 8 $1,000
Initiation and Review $1,750
1.2 Project Desc. 6 $750
2.1 NOP 12 $1,500
Newspaper
Task 2—Public Scoping notices=$1,000
Process
Publications 4 $500 Printing=$100 $3,825
Postage=$100
22 Scoping Meeting 5 $625
Chpt.1—Intro 2 $250
Chpt 2—Proj.Desc. 4 2 $750
Aesthetics 4 $500
Agriculture/Forestry 5 $625
Air Quality 5 $625
Biology 5 $625
Cultural 5 $625
Energy 4 $500
Geology/Soils 8 $1,000
Greenhouse Gases 5 $625
Ha=ards/Ha=Materials 5 $625
Hydrology 12 $1,500
Land Use 4 $500 Newspaper
notices=$700
Task 3—RDEIR Mineral Resources 4 $500
Noise 8 $1,000 Printing=$600 $26,900
Population/Housing 4 $500
Postage=5100
Public Services
6 $750
Recreation 4 $500
Transportation 12 $1,500
Tribal Resources 4 $500
Utilities/Serv.Systems 10 $1,250
Wildfire 4 $500
Chapt4—Alts 4 12 $Z000
Chapt S—Cum u1. 4 10 $1,750
Chapt 6—Oth.CEQA 6 $750
Exec Summary 4 $500
ADREIR review s/revisions 15 15 $3,750
Publications 4 4 $1,000
Completed Admin Final
REIR 48 48 $1Z000
Task4—Final REIR ADFEIRreviews/revisions 6 6 $1,500 $14,250
Publications 2 $250 Printing $500
Tasks—Findings,SOC, Findings,SOC,Admin Printing
Record Record 17 17 $4,250 Materials=$375 $4,625
$51,350
1 Exhibit C
2 PAYMENT TO THE COUNTY FOR CONSULTANT SERVICES
3 1. CONTRACT DELIVERABLES. The Applicant shall make four(4) payments, in the amounts and
4 at the times set forth below, to the County, which together shall total Fifty-One Thousand, Three
5 Hundred and Fifty Dollars and no cents($51,350.00) ("Total Fee"). Said amount represents the
6 basic fee for Consultant to prepare the EIR pursuant to the Consultant Agreement. The County
7 shall make the payments to Consultant as described in Section 3 of the Consultant Agreement.
8 A. Payment for Contract Deliverable A: Within five (5) business days after the Effective Date
9 of this Agreement, Applicant shall remit the sum of Five Thousand, Five Hundred, and
10 Seventy Five Dollars and no cents($5,575.00)to County, which the County shall use to
11 compensate Consultant for all work to be performed by Consultant to complete Contract
12 Deliverable A, as identified in Exhibit B Work Program.
13 B. Payment for Contract Deliverable E: Within ten (10) business days of receipt of an
14 invoice by Applicant, to be delivered by email to the Applicant at
15 JRoberts@assemigroup.com, from the County, Applicant shall remit the sum of Twenty-Six
16 Thousand, Nine Hundred Dollars and no cents ($26,900.00) to County, which the County
17 shall use to compensate Consultant for all work to be performed by Consultant to complete
18 Deliverable B, as identified in Exhibit B Work Program.
19 C. Payment for Contract Deliverable C: Within ten (10) business days of receipt of an invoice
20 by Applicant, to be delivered by email to the Applicant at JRoberts a@assemigroup.com, from
21 the County, Applicant shall remit the sum of Fourteen Thousand, Two Hundred Fifty Dollars
22 and no cents($14,250.00)to County, which the County shall use to compensate Consultant
23 for all work to be performed by Consultant to complete Contract Deliverable C, as identified
24 in Exhibit B Work Program.
25 D. Payment for Contract Deliverable D: Within ten (10) business days of receipt of an invoice
26 by Applicant, to be delivered by email to the Applicant at JRoberts a assemigroup.com, from
27 the County, Applicant shall remit the sum of Four Thousand, Six Hundred Twenty-Five
28 Dollars and no cents ($4,625.00) to County, which the County shall use to compensate
Applicant Agreement—Kamm Avenue Pistachio Processing, LLC
C-1
1 Consultant for all work to be performed by Consultant to complete Contract Deliverable D,
2 as identified in Exhibit B Work Program.
3 2. EXTRA SERVICES. Fifty-One Thousand, Three Hundred and Fifty Dollars and no cents
4 ($51,350.00) is the entire consideration to be paid by County to Consultant for all of the basic
5 services performed by Consultant pursuant to Section 3 of the Consultant Agreement except as
6 otherwise provided in Exhibit E of said Agreement(Extra Services). If Director of the Fresno
7 County Department of Public Works and Planning or Director's designee determines that Extra
8 Services will be authorized pursuant to Exhibit E of the Consultant Agreement, Director shall
9 first notify the Applicant of the determination, and those services shall only be authorized after
10 County's receipt from the Applicant of the entire sum determined by Director to be the maximum
11 that may be rendered for those Extra Services. Within five (5) calendar days after the date of
12 execution of this Agreement by the Parties hereto, the Applicant shall advance the amount of
13 funds for Extra Services and such sum shall not exceed Seven Thousand, Seven Hundred and
14 Two Dollars and Fifty cents ($7,702.50), 15% of the Total Fee.
15 3. WITHHOLDING PAYMENTS. Applicant's obligation to County to pay any invoice received by
16 County from Consultant, covered by the amount set forth in this Agreement shall be absolute
17 notwithstanding any dispute between Applicant and County pursuant to this Agreement,
18 including, but not limited to, the sufficiency, quantity or quality of services performed by
19 Consultant and identified in such invoice. Applicant agrees that it shall not withhold any such
20 payments for any reason whatsoever and shall not be able to assert against County any right
21 of set-off, cross-complaint, or defense against its obligation to make any such payments to
22 County under this Agreement. The Applicant's obligation to make such payments shall not be
23 abated through any unforeseen circumstances.
24 4. ADVA CE FUHM. The advance of sufficient funds by Applicant to County for the
25 compensation of Total Fee for services prior to such services being performed shall
26 be paid upfront, and Consultant's confirmation of same with Director, or Director's
27 designee, that such sums have been received shall be conditions precedent to
28 County's obligation to compensate Consultant for such services. If Consultant
Applicant Agreement—Kamm Avenue Pistachio Processing, LLC
C-2
I performs any services under this Agreement and such conditions precedent are not
2 met, County shall not be obligated to compensate Consultant for the performance
3 thereof.
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Applicant Agreement—Kamm Avenue Pistachio Processing, LLC
C-3
1 Exhibit D
2 PAYMENT TO THE COUNTY FOR COU"ITS° SEEMICES
3 1. COUNTY INCURRED EXPENSES. In addition to the Applicant's reimbursement to County for
4 Consultant's basic fees and extra services, Applicant shall pay to County the actual costs and
5 expenses incurred by County in processing, reviewing, and preparing comments for
6 Consultant's preparation of an EIR, and performing any other work in connection with the
7 Project, including outside legal counsel to assist County Counsel in review and advise on the
8 Project as determined to be appropriate by County Counsel.
9 2. ADVANCE PAYMENT. Within ten (10) calendar days after the date of execution of this
10 Agreement by the Parties hereto, the Applicant shall advance the amount of Seventy-Five
11 Thousand Dollars ($75,000.00) as payment for said services, with Twenty Five Thousand
12 Dollars($25,000.00) allocated for direct use by County Staff and Fifty Thousand Dollars
13 ($50,000.00) allocated for outside legal counsel as determined to be appropriate by County
14 Counsel.
15 3. ADDITIONAL FUNDS. Pursuant to Subsection 6.8, any request for further funds shall require
16 an amendment to this Agreement, mutually agreed upon by both Parties in writing. If an
17 amendment to this Agreement is deemed appropriate and necessary by the Parties, Applicant
'18 understands that all work on the Project will cease until an amendment to the Agreement is
19 approved. Applicant shall, after receipt of a County invoice, to be delivered by email to
20 Applicant at JRoberts@assemigroup.com, remit to County such additional amount or amounts
21 as specified in the Applicant-approved amendment to the Agreement. There shall be no limit on
22 the number of requests Director may make to the Applicant to recover such amounts. If upon
23 termination of this Agreement the actual cost incurred by the County under this Agreement is
24 less than the total amount of the payment by Applicant to County pursuant to this Exhibit D,
25 County will promptly refund such surplus funds to Applicant.
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Applicant Agreement— Kamm Avenue Pistachio Processing, LLC
D-1