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AGREEMENT NO.15-221
THIRD PARTY ADMINISTRATOR AGREEMENT
THIS AGREEMENT is made and entered into this 3ne\day of June 2015,by
and between the COUNTY OF FRESNO,a Political Subdivision of the State of
California,hereinafter referred to as "County",and Helix Environmental Planning,Inc.,
a California corporation,whose address is 7578 El Cajon Boulevard,Suite 200,La
Mesa,California 91942,hereinafter referred to as "Consultant".
WITNESSETH
WHEREAS,On October 9,2014,pursuant to County Resolution No.12466,
subject to the conditions listed therein,the County Planning Commission certified
Environmental Impact Report No 6730 for the Project (State Clearinghouse No.
2013111056),approving eight separate conditional use permits,Unclassified
Conditional Use Permit ("CUP")Nos.3451 through 3458,and adopting a Mitigation
Monitoring and Reporting Plan and Condition Compliance Matrix ("Monitoring Plan")
WHEREAS,the Monitoring Plan is attached hereto as Exhibit "B"and
incorporated herein by reference.This Agreement is for CUP 3451 and the
Developer will be responsible for the portion of the project described under CUP
3451.The Commission approved a Reclamation Plan as a component of the CUP for
the Project on October 9,2014.
WHEREAS,the Developer will be constructing the portion of the Project
approved under CUP No. 3451 consisting of the construction and operation of a solar
PV power plant capable of generating up to 200 MW and including up to 200 MW of
energy storage capacity.Exhibit "A",attached hereto and incorporated herein by
reference,reflects the legal description of the land in question.
WHEREAS,Condition of Approval 1 for the CUP requires that the Applicant
shall enter into an agreement with the County of Fresno to implement a Mitigation
Monitoring and/or Reporting Plan and Condition Compliance Matrixto be
administered by a third party in accordance with Section 21081.6 of the California
Public Resources Code and Section 15097 of Title 14,Chapter 3 of the California
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Code of Regulations.
WHEREAS,this agreement shall cover the Consultant's Letter
Agreement/Proposal to Provide Biological Consulting Services for the project dated
April 14,2015,"Work Program",see Exhibit "C",The Work Program includes Tasks 1
- 7 under Scope of Services.
WHEREAS, this agreement shall cover monitoring the Project's mitigation
measures and conditions of approval as provided in the Mitigation Monitoring and/or
Reporting Plan and Condition Compliance Matrix;
WHEREAS,the Consultant represents that itis qualified,able and willing to
monitoring the Project's mitigation measures and conditions of approval,which
representation the County specifically relies upon;and,
NOW,THEREFORE,in consideration of the covenants and conditions set forth
herein,the parties agree as follows:
1.Obligations of the Consultant
A.Services To Be Provided:
Consultant will monitor Applicant's compliance with all project mitigation
measures and requirements (described in Exhibit "B")according to the "Work
Program"set forth in Exhibit "C",attached hereto and incorporated herein by
reference.
B.Reporting:Consultant will provide County a written report by
email within 72 hours of each monitoring visit to document the site conditions.If
issues are noted on site,the report shall indicate the issue,the person(s)contacted,
and the corrective action implemented.
2.Obligations of the County
A.County shall make available to Consultant all documents,studies,
and other information,not otherwise confidential or privileged,in its possession
related to the project.
B.County shall compensate Consultant as provided in Section 3 of
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this Agreement.
3.Invoicing and Compensation
A.Invoices:
Consultant shall submit two copies of each invoice,which shall
described the tasks performed during the period covered by the invoice.The invoice
shall specify:(1)hours worked multiplied times the billing rates authorized in Exhibit
"D",Schedule of Fees,attached hereto and incorporated herein by reference,and (2)
the total amount billed to-date for the project.
B.Compensation to Consultant:
In full compensation for services performed under this
Agreement,County agrees to pay Consultant,and Consultant agrees to accept,
compensation according to the hourly rates specified in Exhibit "D",Schedule of Fees.
Within 45 days of receipt of a proper invoice,County shall determine
whether Consultant has adequately performed to the satisfaction of County the
item(s)for which Consultant seeks payment,and shall remit payment thereof to
Consultant.
If County determines that Consultant has not adequately performed any
such task or services,County shall inform Consultant of those acts in writing which
are necessary for satisfactory completion of the item(s).Consultant shall undertake
any and all work to satisfactorily complete the item(s)at no additional charge to
County.
Notwithstanding any other provision in this Agreement,compensation
paid to Consultant shall not exceed $77,000 for the entire term of this Agreement
unless mutually agreed to by the Developer and the Planning Director.
C.Consultant to Bear Expenses:
It is understood that the Consultant shall bear all expenses
incidental to the performance of his obligations under this Agreement.
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4.Term
This Agreement shall become effective on June 2,2015 and shall
terminate on June 2,2017.
5.Termination
A.The County may immediately suspend or terminate this
Agreement in whole or in part,where in the determination of the County there is:
i.Developer discontinues operation of the Project.
ii.Developer fails to timely remit reimbursement to County for
an invoice submitted by Consultant to County.
iii.An illegal or improper use of funds by Consultant;
iv. A failure by Consultant to comply with any term of this
Agreement;
v. A substantially incorrect or incomplete report submitted to
the County by Consultant;
vi.Inadequately performed services by Consultant,as may be
determined by Director.
B.Consultant or County may terminate this Agreement upon 180
days prior written notice to the other party.If the Consultant terminates the
Agreement,Consultant shall reimburse the County,up to a maximum of Twenty-
Thousand Dollars ($20,000)for the actual expense of issuing a Request For
Proposal,engaging a new Consultant,and the new Consultant's cost in becoming
familiar with the Project,its operations to date,and its compliance with the project
mitigation measures described in Exhibit "A".
C. If this Agreement is terminated as provided in this section,the
Consultant shall be compensated for satisfactorily-performed services completed to
the date of termination based upon the compensation rates set forth in Section 3 of
this Agreement.
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6.Hold Harmless and Insurance
A.The Consultant shall hold the County, its Boards,Commissions,
officers,agents,and employees harmless and indemnify and, at County's request,
defend the County, its Boards, Commissions, officers,agents and employees,against
the payment of any and all costs and expenses (including reasonable attorney fees
and court costs),claims,losses,damages,causes of action, lawsuits,and liability for
bodily and personal injury to or death of any person and for injury or loss of any
property resulting from or arising out of or in any way connected with any negligent or
wrongful acts or omissions of the Consultant,its officers,agents,and employees,in
performing or failing to perform any work services or functions provided for or referred
to or in any way connected with any work,services or functions to be performed under
this Agreement and against the payment of any and all costs and expenses (including
reasonable attorney fees and court costs),claims,losses,damages,causes of action,
lawsuits and liabilityfor bodily and personal injury to or death of any person and for
injuryor loss of any property resulting from or arising out of or in any way occurring to
any person,firm, or corporation who may be so injured by any negligent or wrongful
act or omission of the Consultant,its officers,agents,and employees in performing or
failing to perform any work service or functions provided for or referred to or in any
way connected with any work,service or functions to be performed under this
Agreement.
B.Without limiting the County's right to obtain indemnification from
the Consultant or any third parties,the Consultant,at its sole expense,shall maintain
in full force and effect the following insurance policies throughout the term of this
Agreement:(1)Commercial General Liability Insurance with limits of not less than One-
Million Dollars ($1,000,000)per occurrence and an annual aggregate of Two Million
Dollars ($2,000,000).This policy shall be issued on a per occurrence basis.COUNTY
may require specific coverages including completed operations,products liability,
contractual liability,Explosion-Collapse-Underground,fire legal liabilityor any other
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liability insurance deemed necessary because ofthe nature ofthis contract; (2)
Comprehensive Automobile Liability Insurance with limits for bodily injury of not less
than Two-Hundred Fifty-Thousand Dollars ($250,000.00)per person,Five-Hundred-
Thousand Dollars($500,000.00) per accident and for property damages of not less than
Fifty-Thousand Dollars($50,000.00), or such coverage with a combined single limit of
Five-Hundred-Thousand Dollars ($500,000.00).Coverage should include owned and
non-owned vehicles used in connection withthis Agreement;(3)Professional Liability
Insurance,if Consultant employs licensed professional staff, (e.g., Ph.D., R.N.,
L.C.S.W.,M.F.C.C.)in providing services,with limits of not less than One-Million Dollars
($1,000,000.00)per occurrence,Three-Million Dollars ($3,000,000.00)annual
aggregate;and (4) A policyof Worker's Compensation insurance as may be required by
the California Labor Code.
The general liability and automobile liability insurance policies shall name the
County, its officers,agents,and employees,individually and collectively,as additional
insured,but only insofar as the operations under this contract are concerned.Such
coverage for additional insured shall apply as primary insurance and any other
insurance,or self-insurance,maintained by the County, its officers,agents,and
employees,shall be excess only and not contributing with insurance provided under
the Consultant's policies herein.This insurance shall not be canceled or changed
without a minimum of thirty (30)days advance,written notice given to County.
Prior to the commencement of performing its obligations under this Agreement,
the Consultant shall provide certificates of insurance on the foregoing policies,as
required herein,to the County's Department of Public Works and Planning,stating
that such insurance coverages have been obtained and are in full force;that the
County,its officers,agents,and employees shall not be responsible for any premiums
on the policies;that such insurance (general liability and automobile liability only)
names the County,its officers,agents,and employees,individually and collectively,
as additional insured,but only insofar as the operations under this contract are
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concerned;that such coverages for additional insured shall apply as primary
insurance and any other insurance,or self-insurance,maintained by the County, its
officers,agents,and employees,shall be excess only and not contributing with
insurance provided under the Consultant's policies herein;and that this insurance
shall not be canceled or changed without a minimum thirty (30)days advance,written
notice given to the County.
In the event the Consultant fails to keep in effect at all times insurance
coverages as herein provided,the County may, in addition to other remedies itmay
have,suspend or terminate this Agreement upon the occurrence of such event.
7.Work Product
A. Any and all reports,studies,data,or other information,prepared
or assembled by the Consultant under this Agreement shall not be provided to any
person,association,corporation,or other organization during the term of this
Agreement without the prior written consent of the County.
B.The County shall have the unlimited authority to forever publish,
disclose,distribute and otherwise use throughout the world, in whole or in part,and
allow others to do so,any and all reports,studies,data,or other information prepared
by the Consultant pursuant to this Agreement.
C.All documents prepared or obtained by the Consultant shall
become the exclusive property of the County.Upon termination of this Agreement
and prior to any compensation received from the County for unpaid services,the
Consultant shall surrender to the County all work products created pursuant to this
Agreement without any reservation of rights therein.Consultant may retain such
documents only for so long as the County authorizes such work product to be retained
to allow the completion of work as provided in Subsection 5.B of this Agreement.
Consultant may retain copies of any documents prepared or obtained by the
Consultant and designated as public records under the Public Records Act,and such
documents may be used by the Consultant in any manner after this Agreement has
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been terminated.
D.The Consultant shall provide (submit,reproduce and distribute)
all materials related to Task 1 - 7 of the Scope of Services as specified in Exhibit "C"
Work Program ofthis agreement.The County will require that the Consultant provide
documents in both Microsoft Word Office 2000 (or newer)and pdf. file formats.
8.Independent Contractor
In performance of the work,duties,and obligations assumed by the
Consultant under this Agreement,it is mutually understood and agreed that the
Consultant,including any and all of the Consultant's officers,agents and employees,
will at all times be acting and performing as an independent contractor,and shall act
in an independent capacity and not as an officer,agent,servant,employee,joint
venture,partner or associate of the County.Furthermore,the County shall have no
right to control or supervise or direct the manner or method by which the Consultant
shall perform its works and function.However,the County shall retain the right to
administer this Agreement so as to verify that the Consultant is performing its
obligations in accordance with the terms and conditions thereof.The Consultant and
the County shall comply with all applicable provisions of law and the rules and
regulations,if any,of Governmental authorities having jurisdiction over matters the
subject thereof.
Because of its status as an independent contractor,the Consultant shall
have absolutely no right to any and all employment rights and benefits available to
County employees.The Consultant shall be solely liable and responsible for
providing to,or on behalf of its employees,all legally-required employees benefits.In
addition,the Consultant shall be solely responsible and save the County harmless
from all matters relating to payment of the Consultant's employees,including
compliance with Social Security withholding,and all other regulations governing such
matters.It is acknowledged that during the term of this Agreement,Consultant may
be providing services to others unrelated to the County or to this Agreement.
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9.Conflict of Interest
The Consultant,Sub-consultants and Consultant's employees shall
adhere to the Conflict of Interest Code of the Department of Public Works and
Planning (Exhibit E).
10.Governing Law
Venue for any action arising out of or related to this Agreement shall
only be in Fresno County,California.
The rights and obligations of the parties and all interpretation and
performance of this Agreement shall be governed in all respects by the laws of the
State of California.
11.Amendments
Any changes to this Agreement requested either by the County or the
Consultant may only be affected if mutually agreed upon in writing by duly authorized
representatives of the parties hereto.This Agreement shall not be modified or
amended or any rights of a party to it waived except by such writing.
12.Compliance With Laws
The Consultant shall comply with all Federal,State,and local laws,
ordinances,regulations,and Fresno County Charter Provisions applicable in the
performance of its services.
13.Audits and Inspections
The Consultant shall at any time during business hours,and as often as
the County may deem necessary,make available to the County for examination all of
its records and data with respect to the matters covered by this Agreement.The
Consultant shall,upon request by the County,permit the County to audit and inspect
all of such records and data necessary to ensure the Consultant's compliance with the
terms of this Agreement.
If this Agreement exceeds Ten-Thousand Dollars ($10,000.00),the
Consultant shall be subject to the examination and audit of the Auditor General for a
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period of three (3)years after Final payment under contract (Government Code
Section 8546.7).
14.Contract Administration
The Consultant shall notify its appropriate employees of the individual
whom the County designates as the County Contract Administrator for this
Agreement.All routine correspondence and telecommunications related to Contract
performance and related issues should be addressed as follows:
Alan Weaver,Director
Department of Public Works and Planning
Development Services Division
2220 Tulare Street,8th floor
Fresno,CA 93721
Phone:(559)600-4500
Fax:(559)600-4548
e-mail:AWeaver@co.fresno.ca.us
15.Notices
The persons and their addresses having authority to give and receive
notices under this Agreement include the following:
COUNTY:
Alan Weaver,Director
Department of Public Works and Planning
2220 Tulare Street,Sixth Floor
Fresno,CA 93721
Attn:Division Manager/Development Services
CONSULTANT:
Shelby Howard
Helix Environmental Planning Inc.
7578 El Cajon Boulevard
La Mesa,CA 91942
Any and all notices between the County and the Consultant provided for
or permitted under this Agreement or by law shall be in writing and shall be deemed
duly served when personally delivered to one of the parties,or in lieu of such personal
service,when deposited in the United States Mail,postage prepaid,addressed to
such party.
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16.Non-Assignment
Neither party shall assign,transfer or sub-contract this Agreement nor
their rights or duties under this Agreement without the written consent of the other
party.
17.Consultant's Legal Authority
Each individual executing or attesting this Agreement on behalf of the
Consultant hereby covenants,warrants,and represents:(i)that he or she is duly
authorized to execute or attest and deliver this Agreement on behalf of the
Consultant's Corporation;and (ii)that this Agreement is binding upon such
Corporation.
18.Binding Upon Successors
This Agreement shall be binding upon and inure to the benefit of the parties
and their respective successors in interest,assigns,legal representatives,and heirs.
19.Disclosure of Self-Dealing Transactions
This provision is only applicable if the CONTRACTOR is operating as a
corporation (a for-profit or non-profit corporation)or if during the term of this
agreement,the CONTRACTOR changes its status to operate as a corporation.
Members of the CONTRACTOR'S Board of Directors shall disclose any self-
dealing transactions that they are a party to while CONTRACTOR is providing goods
or performing services under this agreement.A self-dealing transaction shall mean a
transaction to which the CONTRACTOR is a party and in which one or more of its
directors has a material financial interest.Members of the Board of Directors shall
disclose any self-dealing transactions that they are a party to by completing and
signing a Self-Dealing Transaction Disclosure Form (Exhibit D)and submitting itto
the COUNTY prior to commencing with the self-dealing transaction or immediately
thereafter.
20.Entire Agreement
This Agreement constitutes the entire agreement between the
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Consultant and County with respect to the subject matter hereof and supersedes all
previous negotiations,proposals,commitments,writing,advertisements,publications,
and understandings of any nature whatsoever unless expressly included in this
Agreement.In the event of any inconsistency in interpreting the documents which
constitute this Agreement,the inconsistency shall be resolved by giving precedence in
the following order of priority: (1)the text of this Agreement (excluding Exhibits "A",
"B", "C", "D",T",and T"),(£!)Exhibit "A",(3)Exhibit "B", (4)Exhibit "D", (5) Exhibit
T",(0) Exhibit T",and (7) Exhibit "C".
IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be
executed as of the day and year first above written.
CONSULTANT:
BY:
TOM HUFFMAN
VICE PRESIDED
BY:
CHIEF FINANCIALSFICER
ORG.NO.:4360-0200
SUBCLASS NO.:10000
FUND NO.:0001
ACCOUNT NO.:7295
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COUNTY OF FRESNO
DEBORAH A.POOCHIGIAN.CHAIRflAN
BOARD OF SUPERVISORS
ATTEST:BERNICE E.SEIDEL
CLERK TO THE BOARD OF SUPERVISORS
BY:C^W^-a^TZqu^
Deputy
REVIEWED AND RECOMMENDED FOR APPROVAL
BY:^LU,
ALAN WEAVER,DIRECTOR
DEPARTMENT OF PUBLIC WORKS AND PLANNING
APPROVED AS TO LEGAL FORM
DANIEL/5^\CEDEfeBORG/C)B)UNTY COUNSEL
BY:
Deputy
APPROVED AS TO ACCOUNTING FORM
VICKI CROW,C.P.A.
AUDITOR-CONTROLLER/TREASURER -TAX COLLECTOR
BY:JdJ,(.Ci rJ-
Deputy
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EXHIBIT "A"
All that portion of the tracts of land located within a portion of Sections 25, 35 and 36, Township
15 South, Range 14 East, MDBM, Sections 1 and 2, Township 16 South, Range 14 East,
MDBM, Sections 31 and 32, Township 15 South, Range 15 East, MDBM and Sections 5 and 6,
Township 16 South, Range 15 East, MDBM, CountyofFresno, State ofCalifornia, described as
follows:
Areal
Beginning at the northeast corner of said Section 35; thence from said Point of Beginning,
along the respective northerly, westerly and southerly lines of said Section 35, the following four
(4) consecutive courses and distances:
1. North 88°49'39" West, a distance of 2646.06 feet to the north quarter
comer of said Section 35,
2. North 88°49'0T' West, a distance of 2646.17 feet to the northwest
comerofsaid Section 35,
3. South 01°13'42" West, a distance of 5295.92 feet to the southwest
corner of said Section 35 and
4. South 88°46'36" East, 5289.84 feet to the southeast corner of said
Section 35 and the northwest corner of said Section 1;
thence along the respective westerly and southerly lines of said Section 1, the following
three (3) consecutive courses and distances:
1. South 01°01 '24" West, a distance of 2667.56 feet to the west quarter
comer of said Section 1,
2. South 01°01'15" West, a distance of 2645.24 feet to the southwest
comer of said Section 1 and
3. South 89°00'02" East, a distance of 2647.33 feet to the south quarter
comer of said Section 1;
thence leaving the southerly line of said Section 1, North 00°58'27" East, along the
westerly line of the southeast quarter of said Section 1, a distance of 2646.34 feet to the
center quarter comer of said Section 1; thence South 89°01 '27" East, along the northerly
line of the southeast quarter of said Section 1, a distance of2574.87 feet to a point on the
westerly line of State Highway 33 as described in the grant deed recorded in Book 6080
at Page 150, Official Records of Fresno County; thence along said westerly line, the
following five (5) consecutive courses and distances:
1. North 00°55'52" East, a distance of939.34 feet,
2. along the arc of a tangent curvet to the right, concave easterly, having
a radius of 16050.00 feet, through a central angle of01°49'26", an arc
length of 510.92 feet and a chord bearing North 01°50'35" East, a
distance of 510.90 feet,
3. North 02°45'18" East, a distance of698.09 feet,
4. along the arc of a tangent curve to the left, concave westerly, having a
radius of 19950.00 feet, through a central angle of 01 °19 '00", an arc
length of 458.45 feet and a chord bearing North 02°05'48" East, a
distance of 458.44 feet and
5. North 58°43'13" West, a distance of 82.64 feet to a point on the
northerly line of said Section 1 and the southerly line of said Section
36;
thence continuing along the westerly line of said State Highway 33 as described in the
grant deed recorded in Book 4244 at Page 482, Official Records of Fresno County, the
following three (3) consecutive courses and distances:
1. North 60°54'48" East, a distance of83.06 feet,
2. North 01 °19'05" East, a distance of 5224.75 feet and
3. North 58°40'55" West, a distance of 82.72 feet to a point on the
northerly line of said Section 36 and the southerly line of said Section
25;
thence continuing along the westerly line of said State Highway 33, the following two (2)
consecutive courses and distances:
1. North 61 °17'57" East, a distance of82.74 feet and
2. North 01°19'06" East, a distance of 1285.85 feet to a point on the northerly
line of the south half of the southeast quarter of said Section 25;
thence North 88°55'24" West, along said northerly line, a distance of2615.74 feet to a point on
the easterly line of the southwest quarter of said Section 25; thence North 01 °18'39" East, along
said easterly line, a distance of 1326.04 feet to the center quarter comer of said Section 25;
thence North 88°56'37" West, along the northerly line of said southwest quarter, a distance of
2645.63 feet to the west quarter comer of said Section 25; thence South 01°19'22" West, along
the westerly line of said Section 25, a distance of2649.50 feet to the Point of Beginning.
EXCEPTING THEREFROM All that portion of the above described Section 35, Township 15
South, Range 14 East, MDBM, County ofFresno, State of California, descn'bed as follows:
Commencing at the northeast comer of said Section 35; thence North 88°49'39, West, along the
northerly line of said Section 35, a distance of 2646.06 feet to the north quarter comer of said
Section 35; thence South 01 °14'30" West, along the easterly line of the northwest quarter of said
Section 35, a distance of 1324.42 feet to the Point of Beginning; thence from said Point of
Beginning, continuing along said easterly line, South 01 °14'30" West, a distance of 1324.42 feet
to the center quarter comer of said Section 35; thence North 88°47' 58" West, along the southerly
line of the northwest quarter of said Section 35, a distance of 661.39 feet; thence leaving said
southerly line, North 01 °14'18" East, along the westerly line of the east half of the southeast
quarter of the northwest quarter of said Section 35, a distance of 1324.31 feet; thence leaving
said westerly line, South 88°48'32" East, along the northerly line of the east half of the southeast
quarter of the northwest quarter of said Section 35, a distance of 661.47 feet to the Point of
Beginning.
Area 1 contains a net area of 1,984.11 acres, more or less.
EXHIBIT B
EXHIBIT B
Mitigation Monitoring and Reporting Program,
Conditions of Approval, and Project Notes
Introduction
This Mitigation Monitoring and Reporting Program, Conditions of Approval, and Project Notes
document (MMRP/COA) has been prepared by Fresno County (the County) in connection with its
consideration of the Unclassified Conditional Use Permit (UCUP) applications filed by
RE Tranquillity LLC, RE Tranquillity 2 LLC, RE Tranquillity 3 LLC, RE Tranquillity 4 LLC, RE
Tranquillity 5 LLC, RE Tranquillity 6 LLC, RE Tranquillity 7 LLC, andRE Tranquillity 8 LLC
(the Applicants) to construct, operate, maintain, and decommission the Tranquillity Solar
Generating Facility (the Project).
Section 21081.6 ofthe California Environmental Quality Act (CEQA) and CEQA Guidelines
Section 1 0591 (d) require a lead agency to adopt a monitoring or reporting program when it either
has required changes in a project or has made a condition of approval to avoid or substantially
lessen significant environmental effects of a project. The County has designed this MMRP/COA to
ensure compliance during Project implementation with the mitigation measures identified in the
Tranquillity Solar Generating Facility Project Final Environmental Impact Report (EIR) prepared
by the County to document its analysis of potential environmental impacts ofthe Project and with
the County's conditions of Project approval. This MMRP/COA contains measures identified in the
EIR that would be implemented through monitoring of an activity, such as grading or excavation,
and other measures that would be implemented through a reporting mechanism, such as obtaining
an air quality penn it or an Emergency/Contingency Plan. With implementation of the mitigation
measures identified in the EIR and the conditions of Project approval, the potential environmental
effects of the Project would be reduced or eliminated.
The MMRP that was circulated as Appendix Din the Final EIR has been updated to incorporate
conditions of approval adopted by the County Board of Supervisors. This MMRP/COA
supersedes Final EIR Appendix D. This MMRP/COA has been prepared as a matrix containing
the following elements:
• Measures that will mitigate significant impacts on the environment;
• Conditions of use permit approval; and
• Notes referencing mandatory requirements of the County or other agencies that are
provided as information to the Applicants.
The MMRP/COA has been designed to provide focused, yet flexible guidelines. As monitoring
progresses, changes to compliance procedures may be necessary based upon recommendations by
those responsible for the program.
Program Management
The MMRP/COA will be in place through all phases of the Project. The Project planner, assigned
by the County Planning Director, shall coordinate enforcement of the MMRP/COA and oversee it
to ensure that proper action is taken on each mitigation measure. Each County department or
division shall ensure that the Project complies with the conditions (including mitigation measures)
that relate to that department.
The Project planner or responsible County department has the authority to stop the work of the
operator if compliance with any aspect of the MMRP/COA is not occurring after written
notification has been issued. The Project planner or responsible County department also has the
authority to deny entry into a new construction phase until compliance with a requirement of this
program occurs.
Condition Compliance Matrix
Table 1, "Mitigation Monitoring and Conditions Compliance Program, " includes mitigation
measures and conditions of approval that will mitigate the potential significant environmental
impacts of the Project. A procedure of compliance and verification has been outlined for each
measure. This procedure designates what action will be taken and when, who will take action, and
to whom and when compliance will be reported. Mitigation Measures are identified beginning on
page 1-3. Conditions of approval are identified beginning on page 1-211. All conditions of
approval apply to all UCUPs except as noted. Notes referencing mandatory requirements of the
County or other agencies are provided as information to the Applicants beginning on page 1-243.
TABLE 1 MITIGATION MONITORING AND CONDITION COMPLIANCE PROGRAM UNCLASSIFIED CONDITIONAL USE PERMIT NOS. 3451,3452,3453,3454,3455, 3456,3457, AND 3458 Responsible for Responsible for +-~----<< Environmental Impact EIR Mitigation Measures! Conditions of Approval Implementing Actions Verifying Complia ng MITIGATION MEASURES Aesthetics Impact 4.2-1: The Solar Facility would substantially degrade the existing visual character and quality of the site and its surroundings. Mitigation Measure 4.2-1: The Solar Facility operator, to the extent commercially feasible, shall underground electrical collection systems to reduce the random tall vertical Jines created by electrical poles< Mitigation Measure 4.2-2: The Solar Facility operator shall clear debris from the Project area at least four times per year; this can be in conjunction with regular panel washing and site maintenance activities. Mitigation Measure 4.2-3: The Solar Facility operator shall apply appropriate treatments to structures, as approved by the Fresno County Public Works and Planning Department. Solar Facility structures include buildings, electrical enclosures, and inverters. Paints having little or no reflectivity shall be used whenever possible. Grouped structures shall be painted the same color to reduce visual complexity and color contrast. The choice of color treatments shall be based on the appearance at typical viewing distances and consider the entire landscape around the proposed development as it would be viewed from publica fly accessible locations. Appropriate colors for smooth surfaces often need to be two to three shades darker than the background color to compensate for shadows that darken most textured natural surfaces. Examples of the color Applicants and/or their designees to implement measure as defined. <1 -------Fresno County Department of Public Works and Planning, Development Services Division, and/or its <I< designee Applicants and/or their Fresno County designees to 1 Department of Public implement measure as ! Works and Planning, defined. I Development Services I Division, and/or its During Solar Facility construction. During Solar Facility construction and operation. 1 designee I Applicants and/or their ! Fresno County During Solar designees to 1 Department of Public Facility implement measure as ! Works and Planning, /construction and, defined. 1 De~e<lopment S~rvices 1 as necessary, , D1v1S1on, and/or Its 1 during operation< I designee ! I , i I contrast created by exPOSed metal and untreated inverters are shown on Figure 4.2-20. Mitigation Measure 4.24: Prior to the commencement of operations, the Solar Facility operator Applicants and/or their I Fresno County I Prior to the < shall submit a landscape revegetation plan for the Solar Facility site. The plan shall include the designees to 1 Department of Public ; commencement of I requirement that a native seed mix shall be spread under the solar panels as needed to establish implement measure as ,. Works and Planning, 1. operation. I ground cover. The seed mix shall be determined through consultation with local experts and shall defined. Development Services I be approved by the Fresno County Public Works and Planning Department prior to planting. The I Division, and/or its 1 revegetation success should be considered due to the lack of irrigation available on the Project j' ! site. 1 plan must include a timeline for seeding the Project site, and limitations on guarantee of , designee I <-------j------'---r--------~-r------------Impact 4.2-2: The Solar / Mitigation Measure 4.2-5: Project facility lighting shall be designed to provide the minimum Applicants and/or their Fresno County I Dunng Solar Facility could create a new j illumination needed to achieve safety and security objectives. All lighting shall be directed designees to Department of Publt•c~~ Fac1Jity source of light and glare ) downward and shielded to focus illumination on the desired areas only and avoid light trespass implement measure as Works and Planning, construction and that could adversely affect into adjacent areas. Lenses and bulbs shall not extend below the shields. defined. 1 Development Serv1ces operation day and nighttime views in Division, and/or Its the area. 1 -~-~--····----~~--------__ 1 des1gnee _ --~--~
TABLE 1 (Continued) MITIGATION MONITORING AND CONDITION COMPLIANCE PROGRAM UNCLASSIFIED CONDITIONAL USE PERMIT NOS. 3451,3452,3453,3454,3455,3456,3457, AND 3458 Responsible for Responsible for i Environmental Impact EIR Mitigation Measures/ Conditions of Approval I I Implementing Actions Verifying Compliance j Timing MITIGATION MEASURES (conl) --------~---Air Quality ..... . ·····-····· -· . . ·--~--~·-· ·--~-Impact 4.4-1: The Solar Mitigation Measure 4.4-1a: Solar Facility Fugitive Dust Control Measures. Applicants and/or their Faci~ity would violate an air Prior to grading on site, the Applicants shall submit a Solar Facility Fugitive Dust Control Plan to _ ~esignees to quahty standard or. the SJVAPCD for review and approval. The Fugitive Dust Control Plan shall be applicable to only !Implement measure as contn~u.te substa~tlally 10. the construction and decommissioning phases and shall meet the requirements in Table 8021-1 defined. an e~ISII~g o_r proJected air and incorporate the Regulation VIII recommended fugitive dust control measures to reduce PM1o quality v1olatron. emissions to the extent practical. including but not limited to: I • All disturbed areas, including storage piles, which are not being actively utilized for construction purposes, shall be effectively stabilized of dust emissions using water. chemical stabilizer/suppressant, covered with a tarp or other suitable cover or vegetative ground cover. • Stockpiles of excavated soils on the Solar Facility site shall be wetted during daily construction activities and shall be covered at the end of each workday, during weekends, and periods of extended storage. • All on-site unpaved roads and off-site unpaved access roads shall be effectively stabilized of dust emissions using water or chemical stabilizer/suppressant. • All land clearing, grubbing, scraping, excavation, land leveling, grading, cut and fill, and demolition activities shall be effectively controlled of fugitive dust emissions utilizing application of water, dust palliatives. or by presoaking. • When materials are transported off-site, all material shall be covered, or effectively wetted to limit visible dust emissions. and at least six inches of freeboard space from the top of the container shall be maintained. • All operations shall limit or expeditiously remove the accumulation of mud or dirt from adjacent public streets at the end of each workday. The use of dry rotary brushes is expressly prohibited except where preceded or accompanied by sufficient wetting to limit the visible dust emissions. • Use of blower devices is expressly forbidden. • Following the addition of materials to, or the removal of materials from. the surface of outdoor storage piles, said piles shall be effectively stabilized of fugitive dust emissions utilizing sufficient water or chemical stabilizer/suppressant. • Any site with 150 or more vehicle trips per day shall prevent carryout and track out. • Limit traffic speeds on unpaved roads to 15 mph . • Install sandbags or other erosion control measures to prevent silt runoff to public roadways from sites with a slope toward the road of greater than one percent. • Install wind screens (fabric incorporated into fencing) at the windward side of active I I I I . I I construction areas. l i • Suspend excavation and grading activity if dust plumes of 20 percent or greater opacity impact I public roads. occupied structures. or off-site property. --"--________ __l Fresno County Department of Public Works and Planning, Development Services Division, and/or its designee Prior to grading activities.
TABLE 1 (Continued) MITIGATION MONITORING AND CONDITION COMPLIANCE PROGRAM UNCLASSIFIED CONDITIONAl USE PERMIT NOS. 3451, 3452, 3453, 3454, 3455, 3456, 3457, AND 3458 Responsible for Environmental Impact EIR Mitigation Measuresl Conditions of Approval Implementing Actions MITIGATION MEASURES (cont) Responsible for Verifying Compliance Timing ---~------------~------Air Quality (cont) ~Impact 4.4-1 (cont.) ---1: After active clearing, grading, and earth moving is completed within any portion of the site~the ~~---following dust control practices shall be implemented: I . -Once initial leveling and vegetation removal has been completed within a given area, that 1 __ l ____ _ j portion of the site shall be immediately treated with a dust suppressant (water or palliative). j' j -Dependent on specific site conditions (season and wind conditions). revegetation shall occur I 1 in those areas where planned as soon as practical. ! I ! -All unpaved road areas shall be treated with a dust suppressant or graveled as soon as I j possible to prevent excessive dust. I Mitigation Measure 4.4-1b: Solar Facility Construction/Decommissioning Equipment I Exhaust Control Measures. • During construction, ozone precursor emissions from mobile construction equipment shall be controlled by maintaining equipment engines in good condition and in proper tune per I manufacturers' specifications. Equipment maintenance records and equipment design specification data sheets shall be kept onsite during construction. I• Electricity from power poles shall be used whenever practicable instead of temporary diesel or gasoline powered generators to reduce the associated emissions. I• To reduce construction vehicle (truck) idling while waiting to enter/exit the site. the contractor shall submit a traffic control plan that will describe in detail safe detours to prevent traffic congestion to the best of the Solar Facility's ability, and provide temporary traffic control measures during construction activities that will allow both construction and on-street traffic to move with less than 5-minute idling times. • Construction equipment will use only California certified diesel or gasoline fuels. • The Applicant will utilize construction equipment that is at the Tier 3 emission level (Appendix E). Mitigation Measure 4.4-1c: Valley Fever Training. Prior to ground disturbance activities. the project operator shall provide evidence to the Fresno County Public Works and Planning Department that the project operator and/or construction manager has developed a 'Valley Fever Training Handout," training, and schedule of sessions for 1 education to be provided to all construction personnel. All evidence of the training session · materials, handout(s), and schedule shall be submitted to the Fresno County Public Works and I Planning Department within 24 hours of the first training session. Multiple training sessions may be 1 conducted if different work crews will come to the site for different stages of construction; however, all construction personnel shall be provided training prior to beginning work. The evidence submitted to the Fresno County Public Works and Planning Department regarding the "Valley Fever Training Handout." and Session(s) shall include the following: a) A sign-in sheet (to include the printed employee names. signature. and date) for all employees who attended the training session. Applicants and/or their Fresno County designees to Department of Public implement measure as Works and Planning. defined. Development Services Division, and/or its designee Applicants and/or their designees to implement measure as defined. Fresno County Department of Public Works and Planning. Development Services Division. and/or its designee I j During construction. Prior to ground disturbance activities.
TABLE 1 (Continued) MITIGATION MONITORING AND CONDITION COMPLIANCE PROGRAM UNCLASSIFIED CONDITIONAL USE PERMIT NOS. 3451, 3452, 3453, 3454, 3455, 3456, 3457, AND 3458 I Responsible for I Responsible for Jlmplementing Actions Verifying Compliance I Timing Environmental Impact ... EIR Mitigation Measures/ Conditions of Approval MITIGATION MEASURES (conl) ---------------~A,l!_~~llty(~~fl!:) __ ~--' ··-~----------------------------------Impact 4.4-1 (cont.) [b) Distribution of a written flier or brochure that includes educational information regarding the health effects of exposure to criteria pollutant emissions and Valley Fever. c) Training on methods that may help prevent Valley Fever infection. d) A demonstration to employees on how to use personal protective equipment. such as respiratory equipment (masks), to reduce exposure to pollutants and facilitate recognition of symptoms and earlier treatment of Valley Fever. Though use of the equipment is not mandatory during work. the equipment shall be readily available and shall be provided to employees for use during work, if requested by an employee. Proof that the demonstration is included in the training shall be submitted to the County. This proof can be via printed training materials/agenda. DVD, digital media files. or photographs. e) Prior to the Notice to Proceed for decommissioning, the project operator will follow the above -~ process for all decommissioning work. jim Facility would result in a 1 cumulatively considerable net i increase of any criteria i pollutant for which the project I region is in non-attainment under applicable federal and j state ambient air quality . standard (including releasing i emissions which exceed ' quantitative thresholds for J ozone precursors). j Applicants and/or their Fresno County designees to Department of Public implement measure as Works and Planning, defined. Development Services Division. and/or its designee Impact 4.4-3: The Solar ,. Implementation of Mitigation Measure 4.4-1a, 4.4-1 b, and 4.4-1c. Applicants and/or their Fresno County Facility would expose designees to Department of Public sensitive receptors to j implement measure as Works and Planning, substantial pollutant 1 defined. Development Services concentrations. J Division. and/or its Prior to and during construction. --L-~--Prior to and during construction. ~ designee Impact 4.4-4: Solar Facility l" lmpl~mentation of Mitigation Measure 4.4-1a and 4.4-1c. r Applicants and/or their I Fresno County -Prior to grading construction and · designees to Department of Public activities. decommissioning activities I !Implement measure as I Works and Planning, could potentially expose 1 defined. Development Services local sensitive receptors i Division. and/or its and San Joaquin kit fox, a l -1 designee federally-and state-listed I species. to Coccidioides ---------------'-----------'----------...L..------~
Environmental Impact immitis spores. TABLE 1 (Continued) MITIGATION MONITORING AND CONDITION COMPLIANCE PROGRAM UNCLASSIFIED CONDITIONAL USE PERMIT NOS. 3451, 3452, 3453, 3454, 3455, 3456, 3457, AND 3458 Responsible for EIR Mitigation Measures/ Conditions of Approval Implementing Actions Responsible for Verifying Compliance ___ l MITIGATION MEASURES (cont.) Biological Resources Impact 4.5-1: The Project could have a substantial adverse direct or indirect impact on San Joaquin kit fox. ·--l -Mitigation Measure 4.5-1a: Preconstruction San Joaquin kit fox Surveys. Applicants and/or their Fresno County Preconstruction surveys shall be conducted by a qualified biologist for the presence of San Joaquin ~esignees to Department of Public kit fox dens within 14 days prior to commencement of construction activities. The surveys shall be rmplement measure as Works and Planning, conducted in areas of suitable habitat for San Joaquin kit fox. Surveys need not be conducted for all defined. Development Servrces areas of suitable habitat at one time; they may be phased so that surveys occur within 14 days prior 1 Division, and/or its to that portion of the Solar Facility site is disturbed. Surveys shall utilize the U.S. Fish and Wildlife 1 desrgnee Service (1999a) San Joaquin Kit Fox Survey Protocol for the Northern Range. If no potential San I Joaquin kit fox dens are present, no further mitigation is required under this measure. If potential dens 1 are observed and avoidance is determined to be feasible by a qualified biologist in consultation with the Project Owner and the County (as defined in CEQA Guidelines §15364 consistent with the USFWS (1999) Standardized Recommendations for Protection of the San Joaquin Kit Fox), the I following minimum buffer distances shall be established prior to construction activities: ! • San Joaquin kit fox potential den: 50 feet. i • San Joaquin kit fox active den: 100 feet. I i • San Joaquin kit fox natal den: 500 feet. If avoidance of the potential dens is not feasible, the following measures are required to avoid potential adverse effects to the San Joaquin kit fox: • If the qualified biologist determines that potential dens are inactive, the biologist shall excavate these dens by hand with a shovel to prevent badgers or foxes from re-using them during construction. • If the qualified biologist determines that potential a non-natal den may be active, an on-site passive relocation program may be implemented with prior concurrence from the USFWS. This program shall consist of excluding San Joaquin kit foxes from occupied burrows by installation of one way doors at burrow entrances, monitoring of the burrow for one week to confirm usage has been discontinued, and excavation and collapse of the burrow to prevent reoccupation. After the qualified biologist determines that the San Joaquin kit foxes have stopped using active dens within the project boundary, the dens shall be hand-excavated with a shovel to prevent re-use during construction. 1 Mitigation Measure 4.5-1 b: Solar Facility Construction Worker Environmental Awareness 1 Applicants and/or their I Fresno County . Program. designees to I' Department of Public J Prior to the issuance of grading or building permits and for the duration of construction activities. implement measure as Works and Planning, 1 within one week of employment all new construction workers at the Project site shall attend a defined. D~ve_lopment S~rvrces I Construction Worker Environmental Awareness Program, developed and presented by the Lead I Drvrsron. and/or rts Biologist (a pre-recorded video presentation will suffice). Any employee responsible for the l desrgnee operation and maintenance or decommissioning of the completed facilities shall also attend/watch 1 the Construction Worker Environmental Awareness Program. The program shall include ! ! I information on the life history of the San Joaquin kit fox and shall also describe other special-L ' 1 Timing 14 days prior to commencement of construction activities. Prior to construction.
Environmental Impact TABLE 1 (Continued) MITIGATION MONITORING AND CONDITION COMPLIANCE PROGRAM UNCLASSIFIED CONDITIONAL USE PERMIT NOS. 3451, 3452, 3453, 3454, 3455, 3456, 3457, AND 3458 Responsible for EIR Mitigation Measures/ Conditions of Approval Implementing Actions status wildlife species that may occur on-site, including burrowing owl and Swainson's hawk. MITIGATION MEASURES (cont.) Biological Resources (cont) -----· Impact 4.5-1 (cont.) ------The program shall also discuss each species' legal protection status, the definition of •take" under the federal and state Endangered Species Acts, measures the Solar Facility operator is implementing to protect the species, reporting requirements, specific measures that each worker shall employ to avoid take of wildlife species, and penalties for violation of the federal or state Endangered Species Act. An acknowledgement form signed by each worker indicating that environmental training has been completed would be kept on record. A sticker shall be placed on hard hats indicating that the worker has completed the environmental training. Construction workers shall not be permitted to operate equipment within the construction areas unless they have attended the training and are wearing hard hats with the required sticker. A copy of the training transcript and/or training video, as well as a list of the names of all personnel who attended the training and copies of the signed acknowledgement forms shall be submitted to Fresno County Public Works and Planning Department. The construction crews and contractor(s) shall be responsible for unauthorized impacts from construction activities to sensitive biological resources that are outside the areas defined as subject to impacts by Solar Facility permits. Mitigation Measure 4.5-1c: Avoidance and Protection of Biological Resources. During construction, operation and maintenance, decommissioning of the Solar Facility, the Solar Facility operator and/or contractor shall implement the following general avoidance and protective measures to protect San Joaquin kit fox and other special-status wildlife species: • All proposed impact areas, including solar fields, staging areas, access routes. and disposal or temporary placement of spoils, shall be delineated with stakes and/or flagging prior to construction to avoid special status species where possible. Construction-related activities outside of the impact zone shall be avoided. • The Solar Facility operator shall limit the areas of disturbance. Parking areas, new roads, staging, storage, excavation, and disposal site locations shall be confined to the smallest areas possible. These areas shall be flagged and disturbance activities, vehicles, and equipment shall be confined to these flagged areas. • Spoils shall be stockpiled in disturbed areas that lack native vegetation. Best Management Practices shall be employed to prevent erosion in accordance with the Project's approved Stormwater Pollution Prevention Plan. All detected erosion shall be remedied within two days of discovery or as described in the Stormwater Pollution Prevention Plan. 11 • To prevent inadvertent entrapment of wildlife during construction, all excavated, steep-walled holes or trenches with a 2-foot or greater depth shall be covered with plywood or similar , materials at the close of each working day, or provided with one or more escape ramps constructed of earth fill or wooden planks. Before such holes or trenches are filled, they shall be thoroughly inspected by the Lead Biologist or approved biological monitor for trapped animals. Open trenches, holes, or excavations that could trap wildlife shall be inspected daily by the environmental compliance monitor. If trapped animals are observed, escape ramps or Applicants and/or their designees to implement measure as defined. ! I I Responsible for Verifying Compliance Fresno County Department of Public Works and Planning, Development Services Division, and/or its designee I ; 1 I I __________ _.___..cst~ru~ct~u.res shall be installed imrnediatell to allow escape. If a listed species is trapped, the I I ·------L-~-------l Timing During construction, operation and maintenance.
--TABLE 1 (Continued) MITIGATION MONITORING AND CONDITION COMPLIANCE PROGRAM UNCLASSIFIED CONDITIONAL USE PERMIT NOS. 3451,3452,3453,3454,3455,3456,3457, AND 3458 --Responsible for Environmental Impact EIR Mitigation Measures/ Conditions of Approval Implementing Actions USFWS and/or CDFW shall be contacted immediately. _L ~----~-----------·---· -------------~--MITIGATION MEASURES (cant) ---------Biological Resources (conl) Responsible for Verifying Compliance .. -~~ impact 4.5-1 (cont.) I· -All construction pipes, culverts-' or similar structures with a 4-inch-or greaterdiamet~~ that ar;--r·~-----------r------------------1 stored at a construction site for one or more overnight periods shall be thoroughly inspected for 1 ! special-status wildlife or nesting birds before the pipe is subsequently buried, capped, or I I otherwise used or moved in any way. If an animal is discovered inside a pipe, that section of I pipe shall not be moved until the lead Biologist has been consulted and the animal has either . , I moved from the structure on its own accord or until the animal has been captured and relocated I 1 ! by the lead Biologist._ The lead Biologist shall have the appropriate state or federal permits ! II necessary to capture and/or relocate non-listed special-status species potentially occurring on ! the Project site. Capture and/or relocation of a state or federally listed species shall not occur I I without prior consultation with, and approval from, the applicable resource agencies. I • No vehicle or equipment parked on the Solar Facility sites shall be moved prior to inspecting \ I the ground beneath the vehicle or equipment for the presence of wildlife. If present, the animal shall be left to move on its own. I• Vehicular traffic to and from the Solar Facility sites shall use existing routes of travel. Cross country vehicle and equipment use outside of the Project properties shall be prohibited. I• A speed limit of 20 miles per hour shall be enforced within all Solar Facility areas during construction. I. • A long-term trash abatement program shall be established for construction, operations, and decommissioning of the Solar Facility. Trash and food items shall be contained in closed containers and removed daily to reduce the attractiveness to wildlife such as common raven J (Corvus corax), coyote {Canis latrans), and feral dogs. • Workers shall be prohibited from bringing pets and firearms to the Solar Facility area and from feeding wildlife. • Intentional killing or collection of any special-status wildlife species shall be prohibited. • Fencing of the Solar Facility site shall incorporate wildlife-friendly fencing design. Fencing plans may use one of several potential designs that would allow SJKF to pass through the fence while still providing for Solar Facility security and exclusion of other unwanted species (i.e., domestic dogs and coyotes). Raised fences or fences with entry/exit points of at least 6 inches in diameter spaced along the bottom of the fence to allow species such as San Joaquin kit fox access into and through the Solar Facility site would be appropriate designs. Timing ! ,----· lmp_~ct 4.5-3: The Solar Implementation of Mitigation Measures 4.S-1b through 4.5-1c. 1 Ap~licants and/or their il Fresno County _ 14 ~ays prior to the Facility ~ould have a . Mitigation Measure 4.5-3a: Preconstructlon Burrowing Owl Surveys. ?es1gnees to Department of P~bl1c Jnttla!ion of . substantial adverse direct or . . . . . . . . . . . . . . 1mplement measure as Works and Planntng, equipment stagmg indirect, non-collision-Pnor to the 101hatl~n of eqUipment stag1~9. or ground-dlsturbmg actiVJttes, b1olog1cal surveys shall defined. Development Services or ground-related impact on burrowing be perfor:ned w~t~~~ 14 ~ays of such act!v•tles to ensure that burrowmg ?wls are not_ impacted _by Division, and/or its disturbing owl, Swainson's hawk. and construction act1v1bes. G1yen the Iarge stze o~ the construction site_. multiple or ongomg burro~1ng designee activities. other raptors owl surveys may be requtred dunng successive phases of the Project (e.g., between successive · construction in different areas). To protect burrowing oWls, the following con:;;:d;;.;it::..:io:.:.n:.::s----=s:.:.h:.::ac.:.ll.::::be--=--.:m:..:e:o,t'-----'----------~.L--·----------'----------
Environmental Impact TABLE 1 (Continued) MITIGATION MONITORING AND CONDITION COMPLIANCE PROGRAM UNCLASSIFIED CONDITIONAL USE PERMIT NOS. 3451, 3452, 3453, 3454, 3455, 3456, 3457, AND 3458 --Responsible for EIR Mitigation Measures/ Conditions of Approval Implementing Actions prior to construction within each successive work area: MITIGATION MEASURES (cont) Biological Resources (cont) Responsible for Verifying Compliance Timing I -----------~----·-~. r·~---------------------------------~ ----,-~~~-~-~ Impact 4.5-3 (cont.) 11• A qualified wildlife biologist (i.e., a wildlife biologist with previous burrowing owl survey experience) shall conduct pre-construction surveys on the Solar Facility site and immediate vicinity only in areas of the site with suitable burrowing habitat to locate any active breeding or wintering burrowing owl burrows no fewer than 14 days prior to ground-disturbing activities (i.e., vegetation clearance, grading, tilling). The survey methodology shall be consistent with the methods outlined in the CDFW (2012} Staff Report on Burrowing Owl Mitigation and shall consist of walking parallel transects 7 to 20 meters apart, noting any potential burrows with fresh burrowing owl sign or presence of burrowing owls. As each burrow is investigated, biologists shall also look for sign of San Joaquin kit fox. Copies of the survey results shall be submitted to CDFW and the Fresno County Public Works and Planning Department. The surveys can be conducted concurrently with San Joaquin kit fox surveys. • If burrowing owls are detected on-site, no ground-disturbing activities, such as vegetation clearance or grading, shall be permitted within a buffer of no fewer than 200 meters (660 feet) from an active burrow during the breeding season (February 1 to August 31 ). unless otherwise authorized by CDFW with the exception noted below. During the non-breeding (winter} season (September 1 to January 31), ground-disturbing work can proceed near active burrows as long as the work occurs no closer than 50 meters (165 feet) from the burrow. Depending on the level of disturbance. a smaller buffer may be established in consultation with CDFW. • The Project site shall be resurveyed to locate any breeding or wintering burrowing owls in the event that ground disturbing construction activities lapse for a period of 14 days after the most recent preconstruction survey. • If burrow avoidance is infeasible during the non-breeding season, a qualified biologist shall implement a passive relocation program in accordance the CDFW (2012) Staff Report on Burrowing Owl Mitigation. • If passive relocation is required, a qualified biologist shall prepare a Burrowing Owl Exclusion and Mitigation Plan and Mitigation Land Management Plan in accordance with CDFW 2012 Staff Report on Burrowing Owl Mitigation and for review by CDFW prior to passive relocation activities. The Mitigation Land Management Plan shall include a requirement for the permanent conservation of off-site Burrowing Owl Passive Relocation Compensatory Mitigation. Burrowing Owl Passive Relocation Compensatory Mitigation. If passive relocation is required. the Project proponent shall implement the Mitigation Land Management Plan and permanently conserve in a conservation easement off-site habitat suitable for burrowing owl at ratio of 6 acres per passively relocated burrowing owl pair, not to exceed the size of the final project footprint. Land identified to mitigate for passive relocation of burrowing owl may be combined with other off-site mitigation requirements of the Project if the compensatory habitat is deemed suitable to support the species. The Passive Relocation Compensatory Mitigation habitat shall l be approved by CDFW. If the Project is located within the service area of a CDFW-approved 1 ___________ ......JIL....._b~u~rr~o~w~·;ic:,:n;:tg.:;o:.:wi::....:::CO::::::..:ns~e=rvation bank, the Project proponent may purchase available burrowing ow_l'-_,_ _________ _,_ ________ _
TABLE 1 (Continued) MITIGATION MONITORING AND CONDITION COMPLIANCE PROGRAM UNCLASSIFIED CONDITIONAL USE PERMIT NOS. 3451,3452,3453,3454,3455,3456,3457, AND 3458 ----·-Responsible for Responsible for Environmental Impact EIR Mitigation Measures/ Conditions of Approval Implementing Actions Verifying Compliance Timing conservation bank credits in lieu of placing off-site habitat into a conservation easement ' MITIGATION MEASURES (conl) BlolotJ_~cal_~f!SOUrces (~~nt! -~---·-----------~--~------------r·------------r----------~--~-·--··-----···r·-----~A --~~ ---Impact 4.5·3 (cont.) Mitigation Measure 4.5-Jb: Nesting Birds and Raptors. If construction is scheduled to commence during the non-nesting season (September 1 to January 31) within a given construction area (e.g., Power Block}, no preconstruction surveys or additional measures are required for nesting birds and raptors within that specific construction area. To avoid impacts to nesting birds in the Project site and immediate vicinity, a qualified wildlife biologist shall conduct preconstructlon surveys of all potential nesting habitat within the Project sites for ground-disturbing activities that are initiated during the breeding season (February 1 to August 31). The survey for special-status raptors shall focus on potential nest sites (e.g., mature trees) within a 0.5-mile buffer around the site in areas where access to neighboring properties is available or visible using a spotting scope. Surveys shall be conducted no more than 14 days prior to construction activities. Surveys need not be conducted for the entire Project site at one time; they may be phased so that surveys occur shortly before a portion of the Project site is disturbed. The surveying biologist must be qualified to determine the status and stage of nesting by migratory birds and all locally breeding raptor species without causing intrusive disturbance. If active nests are found, a suitable buffer (e.g., 300 feet for common raptors; 0.5 mile for Swainson's hawk; Applicants and/or their designees to implement measure as defined. I I Fresno County Department of Public Works and Planning, Development Services Division, and/or its designee During construction activities. 100 feet for passerines) shall be established around active nests and no construction within the buffer allowed until a qualified biologist has determined that the nest is no longer active (e.g., the nestlings have fledged and are no longer reliant on the nest). Construction within 0.5 mile of currently or recently active Swainson's hawk nest sites shall not occur during the nesting season without authorization by the CDFW. Encroachment into the buffer may occur at the discretion of a qualified biologist except that encroachment into the buffer for Swain son's hawk must be authorized by the CDFW. ·-------------------------.·· -+--·--l---··--·----Impact 4.5-4: The Pr~ject Implementation of Mitigation Measures 4.5-3a and 4.5-3b. I App_licants and/or their I Fresno County . I Prior to and during could have a substanbal designees to I Department of Public i construction. adverse direct or indirect, implement measure as I Works and Planning, ! non-collision-related impact defined. i Development Services on nesting and migratory I I Division, and/or its birds. I I designee --------i------· Impact 4.5-5: The Project Mitigation Measure 4.5-5a Compliance with the Avian Power Line Interaction Committee's Applicants and/or their Fresno County 1 During installation could have a substantial (APLIC) guidance, Reducing Avian Collisions with Power Lines: State of the Art in 2012 designees to Department of Public of transmission adverse impact to special (APLIC, 2012). implement measure as Works and Planning, lines and all status and mi~ratory b~rds Transmission lines and all electrical components shall be designed, installed, and maintained in defined. Dev~lopment S~rvices electrical relate~ to the l~troductlon of accordance with APLIC (2012) guidance to reduce the likelihood of large bird electrocutions and DIVI~Jon, and/or its components. potential COlliSIOn hazards collisions. Compliance with APLIC standards would reduce the potential impact of collisions and I designee electrocutions with power line structures to a less than significant level.
Environmental Impact TABLE 1 (Continued) MITIGATION MONITORING AND CONDITION COMPLIANCE PROGRAM UNCLASSIFIED CONDITIONAL USE PERMIT NOS. 3451, 3452, 3453, 3454, 3455, 3456, 3457, AND 3458 -------Responsible for EIR Mitigation Measures/ Conditions of Approval Implementing Actions -·-·-" Responsible for Verifying Compliance MITIGATION MEASURES icont._L ________ _ Biological Resources (cont) --~-·----------..... --------------------------··----· --~----------T------·------~-·--------------Impact 4.5-5 (cont.) I Mitigation Measure 4.5-5b: Collision Reduction Strategy. -1 Applicants and/or their ,. Fresno County The Applicant shall implement the following measures to reduce the risk of bird collisions with PV ! designees to , Department of Public panels. ! implement measure as ! Works and Planning, • Installation of visual deterrents or cues to encourage bird avoidance of the Project site. These deterrents will be made of a material that is both reflective and highly visible. such that the material reflects ambient light and is stimulated by air movement. The effect of installation will create the visual impression of continuous and varied movement, which has been shown as an avian deterrent in agricultural applications. Example of the types of material that could be used include plastic compact discs and reflective tape. Within 30 days after project commissioning, materials will be installed in 50-acre blocks to achieve coverage of a total of 200 acres within the Solar Facility on a 3-month trial basis to examine panel performance issues. Following the initial 3-month period, visual deterrents will either be adjusted to reduce performance issues and reexamined on continuing 3-month basis, or if adjustments are not deemed necessary to improve panel performance, deployed on the remainder of the site and maintained for the life of the project or until determined infeasible (based on the definition of ''feasible" in CEQA 1 defined. i Development Services II i Division, and/or its i des1gnee I j I I I I Guidelines § 15364) or ineffective by the Project owner in consultation with CDFW and the 1 , County. I I • Panels shall include, if feasible, a light-colored, UV-reflective, or otherwise non-polarizing I I outline, frame, grid, or border, which has been shown to substantially reduce panel i attractiveness to aquatic insects (Horvath, 2010) and may reduce avian mortality by avoiding i I : Timing During construction. Impact 4.5-7: The Solar Facility could conflict with local policies protecting biological resources. collisions with panel faces (NFL, 2014). 1 ! i /Implementation of Mitigation Measures 4.5-1a through 4.5-'l;~d 4.5·3;~nd-4.-5~3t;~~-----~Appli~nt~~~dtor their i Fresnoc-;~~~;·----~ [Prior ;~-;~d-dunng ! des1gnees to i Department of Public i construction. I implement measure as I Works and Planning, 1 II defined. Development Services , I Division, and/or its ! , -}designee j Impact 4.5-8: The Pro!ect Mitigation Measure 4.5-8: Off-site Avian Predation Reduction.------r;;;_~ants and/or th~; 1 Fres~o County ---~r-D-u-r~in_g __ S_o_la_r __ _ coul~ cause a cumula~lvely The Project Owner shall partner with CDFW, the Rabies and Animal Control Program of the i desrgnees to Department of P~blic I Facility operation co~sJderable contnbubon to Environmental Health Division in Fresno County, and/or a similar program to fund existing feral cat j'mplement measure as Works and Plannm_g, a Significant cumulatrve control programs to be targeted within 10 miles of the Mendota Wildlife Area. The first project 1 defined. De~~lopment Services I effect to mlgr~tory bird~ owner to be issued a notice to proceed shall fund the program in the amount of $25,000 within 6 ! Drvr~1on, and/or its relate~ to the l~troductJon of months of the notice to proceed. The obligation set forth in this measure shall not apply to the ~-designee I potential colhs1on hazards. PG&E Switching Station. -----------------------·-------------'-·-·-· ---------· ..__ ____ _
TABLE 1 (Continued) MITIGATION MONITORING AND CONDITION COMPLIANCE PROGRAM UNCLASSIFIED CONDITIONAL USE PERMIT NOS. 3451,3452,3453,3454,3455,3456,3457, AND 3458 I ---Responsible for Responsible for environmental Impact I EIR Mitigation Measures/ Conditions of Approval I--Implementing Actions I Verifying Compliance M. ITIGATION. MEASURES ~,?nl) . __ -~---_ ·---------·····----·----~,. Appli~nts andf;th;i;-ll~:;~;fn~~j P:blic -~~ ----~--, 1 Resources --------------~-designees to w rks and Planning, Cultural and _Paleootolog_CO~---Onp~meot me.,me " D;elopmeot Se.vioe• -defioed_ o;,;,;oo, aodlo<o~ Impact 4.6-1: The Solar Facility could cause a substantial adverse change in the significance of a historical or archaeological resource, as defined in CEQA Guidelines Section 15064.4. Mitigation Measure 4.6-1: The Project proponent shall retain a qualified archaeologist, defined as an archaeologist meeting the Secretary of the Interior's Standards for professional archaeology, to carry out all mitigation measures related to archaeological and historical resources. Prior to the start of any ground disturbing activities, the Project owner shall ensure that the qualified archaeologist has conducted a Cultural Resources Awareness Training for all construction personnel working on the Project. The training shall include an overview of potential cultural resources that could be encountered during ground disturbing activities to facilitate worker recognition. avoidance, and subsequent immediate notification to the qualified archaeologist for further evaluation and action, as appropriate; and penalties for unauthorized artifact collecting or intentional disturbance of archaeological resources. A sign-in sheet shall be completed and retained to demonstrate attendance at the awareness training. Mitigation Measure 4.6-2: In the event archaeological materials are encountered during the course of grading or construction, the Project contractor shall cease any ground disturbing activities within 50 feet of the find. The qualified archaeologist shall evaluate the significance of the resources and recommend appropriate treatment measures. Per CEQA Guidelines §15126.4(b)(3}(A). project redesign and preservation in place shall be the preferred means to avoid impacts to significant archaeological sites. Consistent with CEQA Guidelines §15126.4(b)(3)(C), if it is demonstrated that resources cannot be avoided, the qualified archaeologist shall develop additional treatment measures in consultation with the County, which 1! may include data recovery or other appropriate measures. The County shall consult with appropriate Native American representatives in determining appropriate treatment for unearthed cultural resources if the resources are prehistoric or Native American in nature. Archaeological materials recovered during any investigation shall be curated at an accredited curational facility. The qualified archaeologist shall prepare a report documenting evaluation and/or additional treatment of the resource. A copy of the report shall be provided to the County and to the Southern San Joaquin Valley Information Center. Construction can recommence based on direction of the qualified archaeologist. 1 designee I Applicants and/or their I Fresno County designees to Department of Public implement measure as Works and Planning, defined. i Development Services · Division, and/or its designee Timing Prior to and during construction. During construction. Impact 4.6-2: The Solar Facility could directly or indirectly destroy a unique paleontological resource or site or unique geologic feature, as defined in CEQA Guidelines Section 15064. Mitigation Measure 4.6-3: The Project proponent shall retain a qualified paleontologist to carry I out all mitigation measures related to paleontological resources. Prior to the start of any ground disturbing activities. the Project owner shall ensure that the qualified paleontologist has conducted Paleontological Resources Awareness Training for all construction personnel working on the Project. This may be conducted in conjunction with the archaeological resources training required Applicants and/or their Fresno County Prior to and during by Mitigation Measure 4.6-1. The training shall include an overview of potential paleontological I resources that could be encountered during ground disturbing activities to facilitate worker recognition. avoidance, and subsequent immediate notification to the qualified paleontologist for I further evaluation and action, as appropriate; and penalties for unauthorized collecting or 1 _ intentional disturbance of paleontological resources. A sign-in sheet shall be completed and [ I retained to demonstrate attendance at the awareness training. _j designees to Department of Public construction implement measure as Works and Planning, defined. Development Services Division, and/or its designee
Environmental Impact TABLE 1 (Continued) MITIGATION MONITORING AND CONDITION COMPLIANCE PROGRAM UNCLASSIFIED CONDITIONAL USE PERMIT NOS. 3451, 3452, 3453, 3454, 3455, 3456, 3457, AND 3458 Responsible for EIR Mitigation Measures/ Conditions of Approval Implementing Actions ~-------·"·-MITIGATION MEASURES (cont.) _Eultural and Paleontolo~lcal -R!'Ources (cont.) ~---------~-----~---~ ~----~~~,_--~~-~ _ Impact 4.6-2 (cont.) l Mitigation Measure 4.6-4: If a paleontological resource is found, the Project contractor shall r Applicants and/or their Impact 4.6-3: The Project could disturb any human remains, including those interred outside of formal cemeteries. Greenhouse Gas Emissions cease ground-disturbing activities within 50 feet of the find. The qualified paleontologist shall I designees to evaluate the significance of the resources and recommend appropriate treatment measures. At implement measure as each fossil locality, field data forms shall be used to record pertinent geologic data, stratigraphic defined. sections shall be measured, and appropriate sediment samples shall be collected and submitted for analysis. Any fossils encountered and recovered shall be catalogued and donated to a public, non-profit institution with a research interest in the materials, such as the Natural History Museum of Los Angeles County. Accompanying notes, maps, and photographs shall also be filed at the repository. The qualified paleontologist shall prepare a report documenting evaluation and/or additional treatment of the resource. The report shall be filed with the County and with the repository. ---Mitigation Measure 4.6-5: If human remains are uncovered during Project construction, the Project operator shall immediately halt work, contact the Fresno County Coroner to evaluate the remains, and follow the procedures and protocols set forth in CEQA Guidelines Section 15064.4 {e)(1}. If the County Coroner determines that the remains are Native American in origin, the Native American Heritage Commission (NAHC} will be notified, in accordance with Health and Safety Code Section 7050.5(c), and Public Resources Code 5097.98 (as amended by AB 2641). The NAHC shall designate a Most Likely Descendent (MLD) for the remains per Public Resources Code Section 5097.98, and the landowner shall ensure that the immediate vicinity, according to generally accepted cultural or archaeological standards or practices, where the Native American human remains are located, is not damaged or disturbed by further development activity until the landowner has discussed and conferred, as prescribed in Public Resources Code Section 5097.98 with the MLD regarding their recommendations for the disposition of the remains. taking into account the possibility of multiple human remains. -<»·----~-·--<-~ -----~-----·-k~ Applicants and/or their designees to implement measure as defined. ~---~1 Responsible for Verifying Compliance Fresno County Department of Public Works and Planning, Development Services Division, and/or its designee Fresno County Department of Public Works and Planning, Development Services Division, and/or its designee Timing During construction. During construction. --~----,_ ___________ ------~--·---,-------,_---·-r=----Facility could conflict with insulated switchgear for all SFs-contalning equipment associated with the Project. designees to 1 Department of Public and operatiOn. lmpact 4.9-2: The Solar I Mitigation Measun> .... ,, The Applicant'"'" """· henneticaUy ""led d""' ., .... ,. '"' ... I AppHcant• '"''•' '"•" I Foesno Couoty ou;og '"''"''''" CARB's Climate Change implement measure as i Works and Planmng, I Seeping Plan. defined. 1 Development Servrces 1 Division, and/or its / I designee ----~--i --~-__ __L ,_ _____ __1__ __ ~--~-~ Hazards and Hazardous Materials --·-·--·"·--·-"··-r-----~------··-·~---lm~~ct 4.10-1: The Solar J Mitigation Measure 4.10-1: Broken PV Module Detection and Handling Plan. F_acr!ity could create a If PV panels containing CdTe are used, the Applicant shall prepare and implement a Broken PV Significant hazard to the Module Detection and Handling Plan. The plan shall describe the Applicant's plan for identifying, public or the environment handling and disposing of PV modules that may break, chip, or crack at some point during the through the routrne. Project's life cycle to ensure the safe handling, storage, transport, and recycling and/or disposal of . transport, use, or disposal the modules and related electrical components in a manner that is compliant with applicable law L Applicants and/or their .J Fres~~ C~nty -~ ~ ---jouri~g Solar designees to I Department of Public I Facility operation. implement measure as Works and Planning, . defined. Development Services I Division, and/or its I designee
TABLE 1 (Continued)
MITIGATION MONITORING AND CONDITION COMPLIANCE PROGRAM
UNCLASSIFIED CONDITIONAL USE PERMITNOS. 3451, 3452, 3453, 3454, 3455, 3456, 3457, AND3458
Environmental Impact EIR Mitigation Measures/Conditions of Approval
Responsible for Responsible for
Implementing Actions Verifying Compliance Timing
of hazardous materials.and protective of human health and the environment.The plan shall have the following elements:
MITIGATION MEASURES (cont.)
Hazards and Hazardous Materials (cont.)
Impact 4.10-1 (cont.)•Worker health and safety provisions and handling protocol -These measures shall address
isolating workers from the CdTe during the recovery of broken PV panels and shall include the
following requirements:
-Workers shall wear gloves during the handling of broken pieces of PV panels to prevent cuts
to the workers.
-If broken pieces are separated from the PV panel,the pieces shall be collected and the areal
extent of the collected pieces compared to the broken area on the PV panel to ensure that the
pieces have been accounted for.
-The broken pieces shall be placed in drums,sealed boxes,puncture-proof bags,or
equivalent containers so as to prevent the broken pieces from tearing the containers and
being re-released into the environment.
• Timing of removal -The PV panels shall be inspected for breakage prior to each washing PV
panel event.In the event that broken PV panels are discovered,the broken PV panels and any
pieces shall be removed prior to washing any adjacent PV panels so as to prevent wash water
from spreading CdTe,
•Recycling or disposal requirements -If available,broken panels shall be sent to a recycling or
CdTe PV panel manufacturing facility licensed for the recycling of CdTe PV panels,if recycling
is unavailable,the broken panels shall be sent to a landfill licensed to receive broken CdTe PV
panels.
The plan shall be submitted to the County for review and approval prior to delivery of CdTe-
containing PV panels to the Project site and shall be distributed to all construction crew members
and temporary and permanent employees prior to construction and operation of the Project.All
available data from the panel manufacturer(s)regarding materials used and safety procedures
and/or concerns shall be appended to the plan to assist the County with identifying potential
hazards and abatement measures.
Hydrologyand Water Quality
Impact 4.11-2:Dewatering
during construction activities
could release previously
contaminated groundwater
to surface water channels
and/or increase sediment
loading to surface water
channels through overland
discharge and subsequent
erosion,both processes
could decrease water quality
Mitigation Measure 4.11 -1:If degraded soil or groundwater is encountered during excavation
(e.g.,there is an obvious sheen,odor,or unnatural color to the soil or groundwater),the Project
Owner and/or its contractor(s)shall excavate,segregate,test,and dispose of degraded soil or
groundwater in accordance with state hazardous waste disposal requirements.
Applicants and/or their
designees to
implement measure as
defined.
Fresno County
Department of Public
Works and Planning,
Development Services
Division,and/or its
designee
During
construction
TABLE 1 (Continued)
MITIGATION MONITORING AND CONDITION COMPLIANCE PROGRAM
UNCLASSIFIED CONDITIONAL USE PERMIT NOS. 3451, 3452, 3453,3454,3455, 3456, 3457,AND 3458
i Responsible for Responsible for
Environmental Impact j EIR Mitigation Measures/Conditions of Approval :Implementing Actions ;Verifying Compliance ;Timing
in surface waterways.
TABLE 1 (Continued) MITIGATION MONITORING AND CONDITION COMPLIANCE PROGRAM UNCLASSIFIED CONDITIONAL USE PERMIT NOS. 3451, 3452, 3453, 3454, 3455,3456, 3457, AND 3458 Environmental Impact EIR Mitigation Measures/ Conditions of Approval MITIGATION MEASURES (cont.) Hydrology and Water Quality (cont.) _ ~--·-·-·····-·······------·---------.. ·-·· __ __ -~-~ .. , ·-·-· -Impact 4.11-3: Construction and operation and maintenance of the Solar Facility could substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table. Mitigation Measure 4.11-2: Groundwater Monitoring and Mitigation Plan. Prior to extracting groundwater at the Solar Facility site or from nearby wells, a well survey and pump test, as well as a Groundwater Monitoring and Mitigation Plan, shall be prepared. The Plan is not required if groundwater is not used for the Solar Facility. These documents shall be prepared by a qualified professional geologist, hydrogeologist, or civil engineer registered in the State of California. The documents shall be submitted by the Applicants to the County of Fresno 1 (County) for approval, and to the CVRWQCB and/or other agencies as deemed appropriate by the 1 County _for review and comment. Well Survey and Pump Test(s): For any existing and/or new groundwater well(s) that would be installed and/or used for the Project: a pump-test shall be conducted during the dry season (June through October). At a minimum. the pump test shall establish (or confirm): • The maximum sustained yield of the well (or the maximum sustained pumping rate that would be used during construction and operation); I• The drawdown depth and corresponding stable groundwater elevation; I• The area of influence of the well. A well survey shall be conducted to locate nearby, existing groundwater wells that are or will be in active use, and that could potentially be impacted by the Project well(s) based upon the information gathered from the pump-test(s). The well survey shall include detailed information for each identified well, including but not limited to: date of installation, completed depth, screened interval. and any available information on pumping rate and corresponding static groundwater level. Groundwater Monitoring and Mitigation Plan: This Plan shall provide a detailed methodology for monitoring background and Project area groundwater levels and flow. At least one monitoring well shall be established between the Project well(s) and all identified wells (above) in reasonable proximity {e.g., within a distance equivalent to the diameter of the radius of influence of the Project well[s]) to the Project area. Monitoring shall be performed during pre-construction, construction, ; and operation and maintenance of the Project, with the intent to establish pre-construction and I. Project-related groundwater level trends that can be quantitatively compared against observed and/or simulated trends near the Project pumping wells and near potentially affected existing wells, if I any. Based on the existing and/or proposed Project welllocation(s), and for the estimated maximum pumping rate, the pre-construction monitoring shall demonstrate that less than 1-foot of drawdown would occur at the Project area boundary location nearest the neighboring well(s). The Groundwater Monitoring and Mitigation Plan shall include a schedule for submittal of quarterly data reports by the Project Owner to the Fresno County Environmental Health Department for the duration of the monitoring period, which shall include the entire duration of construction and one year post-construction. The monitoring reports shall include data from the construction and operation of Power Blocks in the active construction or operational phase. These quarterly data reports shalf be prepared and submitted to the County for review and approval, and shalf include: I Responsible for Implementing Actions Applicants and/or their designees to implement measure as defined. Respo~:ibl~~;--~--..... Verifying Compliance I Timing Fresno County Department of Public Works and Planning, Development Services Division. and/or its designee Prior to construction.
TABLE 1 (Continued) MITIGATION MONITORING AND CONDITION COMPLIANCE PROGRAM UNCLASSIFIED CONDrriONAL USE PERMIT NOS. 3451, 3452, 3453, 3454, 3455, 3456, 3457, AND 3458 Environmental Impact EIR Mitigation Measures/ Conditions of Approval Responsible for l Responsible for Implementing Actions 1 Verifying Compliance I Timing MrriGATION MEASURES (cont) ·---~ Hydrology and Water Quality (cont) lmpact4.11-::3 (co~ 1r· D.,.:a_i-ly_u_s-ag_e_,_m_o-nthly rang~. and-monthly-~verage of d;;ily wate~~sage in gallons per d~y:--~-~~--2. Total water used on a monthly and annual basis in acre-feet; summary of all water level data; : 3. Identification of trends that indicate potential for off-site wells to experience decline of water I ~~; ! Impact 4.11-6: Construction and operation and maintenance of the Solar Facility. the Phased Decommissioning Alternative, or the Reduction Acreage Alternative could cause a cumulatively considerable contribution to a significant adverse over-draft condition in the Westside Basin. Noise 4. Identification of all sources of water by type (i.e., groundwater, surface water, municipal water) i and well/location used on the Project site; ; 5. Water level monitoring data (trend analyses) from all pumping and monitoring wells. Based on the results of the quarterly reports, the Project Owner and County shall determine if the Project's pumping activities have resulted in water level declines in the baseline at any of the monitoring wells, including nearby operating private wells, if any. If. due to Project activities, significant drawdown occurs at active off-site groundwater supply wells (e.g., such that the production rate of these wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted as of the date of certification of this EIR), the Project Owner shall: 1) immediately reduce groundwater pumping until water levels stabilize or recover to a reasonable level, and 2) establish an alternative source of water (e.g., those identified by Aspen [2014]) for the remaining construction and/or operations needs of the Project, beyond that which can be sustainably produced from the Project well(s) (i.e., such that active off-site wells are not affected, as described above). Implementation of Mitigation Measure 4.11-2. Applicants and/or their designees to implement measure as defined. Fresno County Department of Public Works and Planning, Development Services Division, and/or its designee -During construction. .1 ... ~·-----------···-~--·-~-----------.. ·-~--Impact 4.14-1: Operation Mitigation Measure 4.14-1: Substation Noise Control. I Applicants and/or their Fresno County During Solar and main~~nance of the . The Applicant shall ensure that the combined noise levels associated with the substations do not ?esignees to Department of P~blic Facility ?peration Solar Faclhty could result 1~ exceed the Fresno County exterior noise standards or the Fresno County substation noise limit at the Implement measure as Works and Plannm_g. and mamtenance. expos~re of persons to noise on-site residence locations. Noise control techniques may include, but not be limited to: locating the defined. D~~e.lopment S~rvlces level~ In excess _of standards transformers with as much setback from the existing residential properties as possible, use of noise DIVISIOn, and/or its and limits established by walls or equivalent sound attenuation devices, and the use of a transformer with special noise control destgnee Fresno County. specifications designed in a way to specifically achieve acceptable regulatory noise standards.
Environmental Impact TABLE 1 (Continued) MITIGATION MONITORING AND CONDITION COMPLIANCE PROGRAM UNCLASSIFIED CONDITIONAL USE PERMIT NOS. 3451,3452, 3453,3454,3455,3456,3457, AND 3458 EIR Mitigation Measures/ Conditions of Approval Responsible for ~esponsible for I Implementing Actions 1 Verifying Compliance ! Timing MITIGATION MEASURES (cont.) ----------------------~---~~-~----~----+----~ --~--Noise (cont.) Impact 4.14-1 (cont.) Prior to the installation of the substations and associated transformers, the Applicant shall submit -------__ l ___ ------------~ to the County, for review and approval, a plan that describes the specific measures that will be I taken in order to comply with the County's noise standards and limits. 1 lmpa~t 4.14-3: S?lar Facility Implementation of Mitigation Measure 4.14-1. Applicants and/or their ·1·-F-re_s_n_o_C_o-un_t.y ·r:Duri_ng Solar _ operat1on and mamtenance designees to Department of Public Fac1hty operat1on activities would result in a implement measure as Works and Planning, and maintenance long-term increase in local defined. Development Services ambient noise levels. Division, and/or its 1 designee I --f--------------1-----------t-----------r-----------------I Prior to Cumulative Traffic I Mitigation Measure 4.18-1: Prior to the issuance of construction or building permits. the Project sponsor and/or its construction contractor shall: • Prepare and submit a Construction Traffic Control Plan to Fresno County Divisions of Public Works and Planning and the California Department of Transportation District 6 office for approval. The Construction Traffic Control Plan must be prepared in accordance with current Caltrans standard plans, and both the California Manual on Uniform Traffic Control Devices and Work Area Traffic Control Handbook and must include, but not be limited to, the following issues: -Timing of deliveries of heavy equipment and building materials; -Directing construction traffic with a flagger; -Placing temporary signing, lighting, and traffic control devices if required, including, but not limited to, appropriate signage along access routes to indicate the presence of heavy vehicles and construction traffic; Ensuring access for emergency vehicles to the project sites; -Temporarily closing travel lanes or delaying traffic during materials delivery, transmission line stringing activities, or any other utility connections; -Maintaining access to adjacent property; -Specifying both construction-related vehicle travel and oversize load haul routes, minimizing construction traffic during the a.m. and p.m. peak hour. distributing construction traffic flow across alternative routes to access the project sites, and avoiding residential neighborhoods to the maximum extent feasible; • Obtain all necessary permits for the work within the road right of way or use of oversized/overweight vehicles that would utilize county-maintained roads, which may require California Highway Patrol or a pilot car escort. Copies of the approved traffic plan and issued permits shall be submitted to the Fresno County Divisions of Public Works and Planning. • Prior to the start of construction enter into a secured agreement with Fresno County to ensure that any county roads that are demonstrably damaged by project-related activities are promptly Applicants and/or their designees to implement measure as defined. Fresno County Department of Public Works and Planning, Development Services Division, and/or its designee i construction. I ! ! --------------'l_...:r.:::e~pa~l::.:re~d~a~nd~·...:i.:..f ~necess_!!L paved, slurry-sealed, or reconstructed as per requirements of the 1 --L.-------
TABLE 1 (Continued) MITIGATION MONITORING AND CONDITION COMPLIANCE PROGRAM UNCLASSIFIED CONDITIONAL USE PERMIT NOS. 3451, 3452, 3453, 3454, 3455, 3456, 3457, AND 3458 Environmental Impact EIR Mitigation Measures/ Conditions of Approval I Responsible for j Responsible for !Implementing Actions , Verifying Compliance I Timing state and/or Fresno County. I I MITIGATION MEASURES (cont) Noise (cont) ~--___ ·------~-~-------·-·--·-,_-,-~--~---------------·--·--·~·--------~---~---4-~~~---·~----T·----------~-------~-~----r-Cumulative Traffic (cont.) -Any work for the proposed intersection improvements on Manning Avenue at the Ohio and Monterey alignments first shall require that plans for the improvements be submitted to Road Maintenance and Operations Division (RMO) for review and approval prior to issuance of any encroachment or road improvement permit for the work. -The improvements for these new access roads shall include a requirement that they be paved with asphalt concrete surfacing for a minimum distance of 100 feet from the edge of the Fresno County road right of way to help ensure that no sediment track-out is carried onto the Fresno County road from construction activities. The paved width of this access road shall be a minimum of 24 feet Any material that is deposited onto the Fresno County-maintained roadway shall be swept clean as soon as possible and at least prior to the end of each working day. -Maintenance of these new access roads shall be the sole responsibility of the Applicant -The scope of any necessary repair work shall be mutually agreed upon by the Applicant and Fresno County prior to performance of the repair work. -Obtainment of any access easements from private property owners necessary to perform required repair work shall be the sole responsibility of the Applicant -If the County intends to hire a firm to perform mitigation monitoring, that firm shall be under contract and the Applicant shall have a cost recovery agreement in place prior to the start of construction activities so that "before" and "after" construction conditions for the Fresno County roads can be documented. • Submit documentation that identifies the roads to be used during construction. The project operator shall be responsible for repairing any damage to non-county maintained roads that may result from construction activities. The project operator shall submit a preconstruction video log and inspection report regarding roadway conditions for roads used during construction to the Fresno County Divisions of Public Works and Planning. • Subsequent to completion of construction, submit a post-construction video log and inspection report to the County. This information shall be submitted in DVD format. The County, in consultation with the project operator's engineer, shall determine the extent of remediation required, if any.
~ TABLE 1 (Continued) MITIGATION MONITORING AND CONDITION COMPLIANCE PROGRAM UNCLASSIFIED CONDITIONAL USE PERMIT NOS. 3451,3452, 3453,3454, 3455,3456,3457, AND 3458 ~" -"" nsible for Responsible for I Implementing Actions I Verifying Compliance I Timing Environmental Impact EIR Mitigation Measures/ Conditions of Approval CONDITIONS OF APPROVAL Fresno County ------·-------------~-----~--~~--------"----~--~,--~--"~----~---"------""-------··-------------~----·~ -1. Mitigation Monitoring The Applicant shall enter into an agreement with the County of Fresno to implement a Mitigation Applicant, in Within 60 days after (Reimbursement for Third Monitoring and/or Reporting Plan and Condition Compliance Matrix to be administered by a third coordination with project approval or Party Monitor) party in accordance with Section 21081.6 of the California Public Resources Code and Section Fresno County Dept of prior to the 15097 of Title 14, Chapter 3 of the California Code of Regulations. This agreement shall cover Public Woli<s and issuance of grading monitoring the Project's mitigation measures and conditions of approval as provided in the Planning Development and building Mitigation Monitoring and/or Reporting Plan and Condition Compliance Matrix. Services Division permits, which-ever Fees shall be submitted at the time the property owner submits the signed mitigation monitoring occurs first agreement. 2. Mitigation Monitoring The Applicant shall enter into an agreement with the County of Fresno to provide funding to Applicant, in Within 60 days after (Reimbursement for Staff compensate for County Staff's time in reviewing and administering any materials related to coordination with project approval or Time in Mitigation and I Mitigation Monitoring and/or Reporting, including those prepared by the third party administrator. Fresno County Dept. of prior to the Condition of Approval Public Woli<s and issuance of grading Implementation) I Planning Development and building Services Division permits, which-ever occurs first. ~-. . 3. Mitigation Monitoring a. The Applicant Shall Enter into an Agreement Indemnifying the County for Legal Costs Applicant, in The Indemnification Prior to Building (Indemnification) , Associated with its Approval of Unclassified Conditional Use Permit 3100. The Indemnification coordination with Agreement shall be Permits j Agreement shall be submitted to the County Department of Public Works and Planning Fresno County Dept. of submitted to the Fresno I Development Services Division. Public Woli<s and County Dept. of Public I Planning Development Woli<s and Planning, ' ! Services Division Development Services i Division I I b. The Applicant shall impleme.nt the mitigation measures adopted by the County. -~--Fresno County Dept. of Prior to Building I Public Woli<s and Permits I Planning, Development Services Division c. Development and operation of the use shall be in conformance with the site plan, elevation Fresno County Dept. of Prior to Building drawings, operational statement, and Reclamation Plan approved by the Commission. Public Woli<s and Permits Planning, Development Services Division --~ ~-. d. Site Plan Review (SPR) approval shall be required to assure compliance with setback Applicant compliance Fresno County Dept. of Prior to Building requirements. A merger procedure shall be required to combine all affected parcels into one if: through agency-Public Woli<s and Permits (i) any PV systems or related equipment or structures would cross over individual property specific application, Planning, Development boundary lines, or if (ii) minimum setback requirements are not met and a variance application permitting, and/or Services Division has not been approved. 1 monitoring procedures.
Environmental Impact TABLE 1 (Continued) MITIGATION MONITORING AND CONDITION COMPLIANCE PROGRAM UNCLASSIFIED CONDITIONAl USE PERMIT NOS. 3451,3452, 3453,3454,3455,3456, 3457, AND 3458 EIR Mitigation Measures/ Conditions of Approval Responsible for -~ Responsible for j Implementing Actions Verifying Compliance j Timing CONDITIONS OF APPROVAL (cont.) Fresno County (cont) --,~--------------~---~~----·~-~-------------·----• ---------'"""------~-·---------X--4. Expiration of Land Use The life of this each land use permit (UCUP Nos. 3451,3452.3453,3454,3455, 3456,3457 and Permits and Reapplication 3458} shall expire upon expiration of the Initial life of the solar lease or the 40-year initial life of each of the projects. If the solar teases are to be extended or the initial life of each project extends beyond this approval. approval of new land use permits shall be obtained. 5. Site Plan Review A Site Plan Review (SPR) Application shalf be submitted for approval by the Director of the requirements (NOTE: This Department of Public Works and Planning, in accordance with Section 874 of the Fresno County language can also be Zoning Ordinance prior to the issuance of Building Permits for each approved land use permit combined with 3d) (UCUP Nos. 3451, 3452, 3453. 3454, 3455, 3456, 3457 and 3458). The SPRs shall be applicable to those portions of the project site{s) to be improved with sub-stations, inverters, perimeter access roads, parking, and driveway access, excluding the solar panel fields. Items to be addressed under the SPR process may include, but are not limited to, design of parking and circulation. driveway, access, grading and drainage, fire protection and lighting. 6. Right-to-Farm Notification As part of the SPR submittal process for each land use permit, an agreement incorporating the provisions of the "Right-to-Farm· Notice (Ordinance Code Section 17.40.1 00) shall be entered into with Fresno County acknowledging the presence of surrounding agricultural operations and their related activities. -·----------~---~------7. Fencing The Applicant shall obtain a permit for fencing in excess of 6 feet high. --------·~---·-------------8. Easements The Applicant shall obtain private road or access easements. 9. Intersection :e and Operations Division (RMO) for Improvements on Manning hment or road improvement permit for any Avenue at the Ohio and Manning Avenue at the Ohio and Monterey Alignments be paved with asphalt concrete surfacing :he County road right of way to help ensure ty road from construction activities. The r----------:T---Applicant compliance Fresno C through agency-Public W specific application, , Planning, ounty Dept. of rks and Development Division permitting, and/or monitoring procedures. Applicant compliance through agency-specific application. permitting, and/or monitoring procedures. Applicant compliance through agency-I specific application, I permitting, and/or monitoring procedures. Services Fresno C PublicW Planning Services Fresno C PublicW Planning Services ounty Dept. of orks and Development Division ounty Dept. of orks and Development Division ro~go;;:;g ' I ! Prior to Building I Permits I I -------------~rior to Building 1 Permits I i I Applicant compliance ---________ __,_ ___ _ through agency-specific application, permitting, and/or monitoring procedures. I Applicant compliance through agency-1 specific application, I permitting, and/or 1 monitoring procedures. Applicant, in coordination with Fresno County Dept. of Public Works and Planning Road Maintenance and Operations Division Fresno C PublicW Planning Services ~-~~ Fresno C PublicW Planning Services ounty Dept. of rks and Development Division ~~o·--~·••-ounty Dept. of I Prior to Building o~s and Permits Development Division -----Fresno C PublicW Planning Main ten< Ope ratio I ounty Dept. of orks and Road nee and s Division Plan submittal required prior to issuance of an encroachment or road improvement I permit for the proposed work. I
TABLE 1 (Continued) MITIGATION MONITORING AND CONDITION COMPLIANCE PROGRAM UNCLASSIFIED CONDITIONAL USE PERMIT NOS. 3451,3452,3453,3454, 3455,3456,3457, AND 3458 Environmental Impact EIR Mitigation Measures/ Conditions of Approval ~ ~~-~ 0 Responsible for Responsible for I Implementing Actions Verifying Compliance , Timing CON~_I!IONS OF ~PROVAI:_(co~-~~~·-·~--!r!!~o Cou~jcon~--·-. -~---~-·------~--9. Intersection paved width of this access road shall be a minimum of 24 feet Any material that is deposited Improvements on Manning onto the County-maintained roadway shall be swept clean as soon as possible and at least Avenue at the Ohio and prior to the end of each working day. Monterey Alignments c. Maintenance of these new access roads shall be solely the responsibility of the applicant. (cont.) d. A secured agreement for the road improvements shall be in place prior to the start of construction. e. If the County intends to hire a firm to perform mitigation monitoring, that firm shall be under contract prior to the start of construction activities so that "before· and "after" construction conditions for the County roads can be documented. The scope of the repair work shall be mutually agreed upon between the Applicant and the County prior to performance of the repair work. f. Obtainment of any access easements from private property owners shall be solely the responsibility of the applicant. California Department of Transportation -~--~--~~-----·---~---~----------~-~-..--~-~~---·~ 10. SR-33 ROW dedication (Power Blocks 1, 5, 6, and 8; UCUPs 3451, 3455, 3456, and 3458) Applicant-Proposed The Applicants for the Power Blocks adjacent to SR-33 [i.e., Power Block 1 (UCUP 3451), Power Block 5 (UCUP 3455), Power Block 6 (UCUP 3456}. and Power Block 8 (UCUP 3458}] shall dedicate a five-foot right-of-way (ROW) along SR 33 for the future road widening. The distance of the appurtenance shall be measured from centerline to include the future ROW. Applicant, in coordination with Cattrans ~-~~---~-~----11. Worker Health: Valley Fever a. l.imit~c~on_s_t~ctl~n· ~ork;;~. ex-p-os-~;e t~d~-s-t b;;~sp;;cJ~g ~on~tr~ct~io-n~w-0-rk i~·;ff~-cted-a-re_a_s. TApplica~ts_a_n_d_/~;th-;ir during heavy wind events or dust storms. "Affected area• is defined as a portion of the project I designees to where visible airborne dust is present. "Heavy wind event" is defined as winds in excess of I Implement measure as 20 mph averaged over the prior 1 hour period. . defined. b. Heavy equipment, trucks and other construction vehicles that generate heavy dust shalf have I enclosed, air-conditioned cabs with high efficiency particulate air (HEPA) filters (if reasonably I commercially available in California}. c. NIOSH-approved respiratory protection with particulate filters rated as N95, N99, N100, P100 or HEPA shall be provided to construction workers. When digging a trench or performing other soil-disturbing tasks. workers shall be positioned upwind when possible, d. Construction workers shall be trained on ways to minimize exposure to dust. ______ _L_ ---~--~~---Caltrans Fresno County Department of Public Works and Planning, Development Services Division. and/or its designee Secured agreement and third-party contracting (if elected by the County) required prior to the start of construction. Prior to ground disturbance activities.
Environmental Impact TABLE 1 (Continued) MITIGATION MONITORING AND CONDITION COMPLIANCE PROGRAM UNCLASSIFIED CONDITIONAL USE PERMIT NOS. 3451, 3452, 3453, 3454, 3455, 3456, 3457, AND 3458 Responsible for EIR Mitigation Measures/ Conditions of Approval Implementing Actions NOTES: The following Notes reference mandatory requirements of Fresno County or other Agencies and are provided as Information to the Project Applicant Responsible for Verifying Compliance Timing ~ . j This Use ~~it will become void, unless the;~ has been substantial development within two yearsl~-----h---··T--··----·-····--.r. -------of the effective date of this approval 2. I Prior to occupancy. the Applicant shall complete and submit either a H~zardous Materials I I I Business Plan or a Business Plan Exemption form to the Fresno County Department of _ I Community Health, Environmental Health Division. Contact the Certified Unified Program Agency 1 at (559) 445-3271 for more information. 3. All hazardous waste shall be handled in accordance with requirements set forth in the California Health and Safety Code, Chapter 6.5. This chapter discusses proper labeling, storage and handling of hazardous wastes. 4. 1 A storm water pollution prevention plan shall be submitted to the U.S. Environmental Protection ----·--------------t~~ency and administered by the California S~~te Regional Water Quality Control Board .. +h····--·· +-5. I Because the proposed project includes land disturbances of more than five acres, the Applicant I will be required to obtain a National Pollution Discharge Elimination System {NPDES) General j Construction Storm Water Permit from the Regional ~er Quality Control Board. . ... 6. J The Applicant shall adhere to San Joaquin Air Pollution Control District Regulation VIII -Fugitive Dust Rules. The Applicant also shall adhere to the District's permitting requirements, which include a District-Issued Dust Control Plan and Authority to Construct {ATC). The Applicant shall consider entering into a voluntary emission reduction agreement {VERA) with the District. -..........L, ____ . .l.
HELIX Environmental Planning, Inc.
7578 El Cajon Boulevard
Suite 200
La Mesa, CA 91942
619.462.1515 tel
619.462.0552 fax
www.helixepi.com
April 14, 2015
Ms. Briza Sholars
EXHIBIT C
Fresno County Department of Public Works and Planning
2220 Tulare Street, Sixth Floor
Fresno, CA 93721
HELIX
Environmental Planning
Subject: Letter Agreement/Proposal to Provide Biological Consulting Services for the
Tranquillity Solar Project
Dear Ms. Sholars:
HELIX Environmental Planning, Inc. (HELIX) is pleased to submit this letter agreement/
proposal (Agreement) to Fresno County Department of Public Works and Planning (Client) to
provide biological consulting services for the Tranquillity Solar Project.
SCOPE OF SERVICES
Task I WEAP Video. HELIX will prepare an environmental training video to aid workers in
recognizing and avoiding sensitive plant and wildlife species that may occur in the
project area. HELIX will provide this as a tailgate training to site personnel on the first
day of construction.
Task 2 Pre-Construction Survey. HELIX will conduct preconstruction surveys to avoid and
minimize impacts on special status species. HELIX recommends surveys to search for
San Joaquin kit fox dens and burrowing owl burrows approximately 14 days prior to
the start of construction. If necessary, HELIX will establish buffer zones or other
protection measures in consultation with appropriate resource agencies. HELIX will
provide Client with a pre-construction survey report in letter format. If passive
relocation of special status species is required, HELIX will make recommendations to
Client for implementation and additional authorization would be required.
Task 3 Third Party Construction Monitoring. HELIX will provide construction monitoring to
ensure compliance with project mitigation measures and requirements. HELIX has
assumed a total of 15 monitoring visits. HELIX will provide Client a monitoring memo
email within 24 hours of each monitoring visit to document the site conditions. If issues
are noted on site, the memo email will indicate the issue, person contacted, and
corrective action implemented. Additional authorization would be required if additional
monitoring is required that causes HELIX to exceed the budget for this task.
J:\PROPOSAL\LETfERS\2015\Biology\P_BS 041415 Tranquillity Proposal.docx
Letter Agreement to Ms. Briza Sholars
April 14, 2015
Page 2 of 4
Task 4 Management. HELIX has assumed 30 hours of Principal Biologist and 24 hours of
Senior Scientist time for management/meetings with the project team, City, and other
applicable agencies. If Client requests additional services that cause HELIX to exceed
the time allocated for this task, additional authorization would be required.
Optional Tasks
Task 5 Nesting Bird and Burrowing Owl Sweep Surveys. HELIX will conduct up to 2 nesting
bird and burrowing owl sweep surveys to determine if active nests are present within or
adjacent to the proposed area of affect on site. HELIX will provide a brief letter report
to Client describing the survey methods and results and providing a summary of
potential project constraints in the event of positive results.
Task 6 Nest Monitoring. In the event an active nest is found, this task provides up to 40 hours
of additional biologist time to monitor the nest and determine when it is no longer
active. If additional monitoring is needed, additional authorization would be required.
Task 7 On-call Cultural and Paleontological Monitoring. HELIX has assumed up to 10 days of
Applied Earthworks archaeologist or paleontologist monitoring to provide project
support in the event archaeological/ paleontological materials are encountered during
the course of grading or construction ofthe project. If curation or a greater level of
work is necessary, HELIX will make recommendations to Client for implementation
and additional authorization would be required. If human remains are uncovered during
construction, the contractor must immediately halt work, and the Fresno County
Coroner will be contacted to evaluate the remains.
ASSUMPTIONS AND ADDITIONAL LIMITATIONS ON SCOPE OF SERVICES
• Client will provide HELIX with current digital baseline data for producing maps and
graphics, which should be submitted in one of the following formats: .dxf, .dwg
(AutoCAD), .dgn (Microstation), .eOO (Arclnfo export coverages), or .shp (ArcView
shapefiles).
• Client will arrange/provide access to the site for HELIX personnel to conduct pre-
construction surveys including notifying HELIX of any gate codes, keys, etc. and granting
permission to access private property, if needed.
• Costs associated with additional focused species surveys, permit preparation and processing,
California Environmental Quality Act processing, and/or technical studies and reports
("additional work") are not included within the scope of services required of HELIX under
this Agreement.
SCHEDULE
HELIX will continue to work with Client in a timely and professional manner in accordance with
the Terms and Conditions attached and incorporated herein by reference as Exhibit A. These
Terms and Conditions are a material part of this Agreement.
HELIX
Em'ironmental Planning
Letter Agreement to Ms. Briza Sholars
Aprill4, 2015
COST ESTIMATE AND PAYMENT PROCEDURES
Page 3 of 4
HELIX is pleased to submit this cost estimate not to exceed $56,000 for Tasks 1-4, or $77,000 if
Client authorizes Optional Tasks 5-7, which is provided below in a breakdown by task. All work
shall be invoiced on a time and materials basis pursuant to Exhibit B, Schedule of Fees.
Payment terms are net 30 days pursuant to the Terms and Conditions referenced herein.
Task
Number Task Name Cost
I WEAPVideo $6,000
2 Pre-Construction Surveys 20,000
3 Third Party Construction Monitoring 20,000
4 Managment 10,000
Subtotal $56,000
Optional
Tasks
5 Nesting Bird and Burrowing Owl Sweep Surveys $6,000
6 Nest Monitoring 5,000
7 On-call Cultural and Paleontological Monitoring 10,000
TOTAL $77,000
EXECUTION OF AGREEMENT
This quote is good for 3 0 days from the date of this letter. This Agreement will become a
contract upon HELIX's receipt of this original, including any Exhibits, signed by an authorized
representative ofClient.
We look forward to working with you on this project. If you have any questions concerning this
Agreement, please call Shelby Howard or me at (619) 462-1515.
Sincerely,
Tamara S. Ching
Planning Services Division Manager
Enclosures: Exhibit A, Terms and Conditions
Exhibit B, Schedule of Fees
HELIX
Environmental Planning
Letter Agreement to Ms. Briza Sholars
April 14, 2015
Page 4 of4
I hereby authorize HELIX to continue work in accordance with this Agreement and the attached
Terms and Conditions and Schedule of Fees.
FRESNO COUNTY DEPARTMENT OF PUBLIC WORKS AND PLANNING
A __ corporation, OR a __ limited liability company, OR a __ general partnership OR a
__ limited partnership (select one).
Signed by: ________ _ Printed: -------------------
Title: -----------------------Date: ----------------------
To expedite Agreement processing, please provide the following information for this contract:
Project Manager
Name:
Address:
(if different
from p.l)
Phone:
Email:
Please mail or fax to Daniel Gallaher, Controller
Accounts Payable
Name:
Address:
(if different
from p.l)
Phone:
Fax:
Email:
If using your own contract format, please attach and return this Agreement.
Tranquillity Solar
HELIX
Environmental Planning
HELIX
Envirommmta/ Pliummg
Consulting Services
Consulting services performed by HELIX typically include, but are not necessarily limited to, office, field, meetings, hearings and travel time. Consulting services for expert witness review,
deposition, and/or testimony will be provided at one and one-half times our professional rates.
Direct Costs
Certain identifiable direct costs will be charged to the project at cost plus ten percent. Examples of direct costs include subconsultants, vehicle or equipment rentals, airplane and train fares,
parking, per diem and lodging, mileage, communications, reproduction, and supplies. A 4-wheel drive premium will be charged at $25.00 per project day. There will be additional charges for
plotting, color printing, aerial photographs and GPS services.
Payment
Invoices will be submitted monthly. Payment on invoices is due within thirty days of receipt If payment is not paid when due, then such sum shall bear interest at 1 Y, %per month on the
unpaid balance, not to exceed the maximum legal rate of interest.
Professional Rates
Current hourly rates for consulting services:
Principal
Principal Planner
Principal Biologist
Principal Permitting Specialist
Sr. Project Manager 1-111
Sr. Acoustician
Sr. Air Quality Specialist
Sr. Environmental Specialist
Noise/Air Quality Specialist
Environmental Specialist I-III
Project Manager
Archaeology Field Director
Staff Archaeologist
Archaeology Field Crew
Sr. Archaeologist
Historian
Environmental Planner I-III
Environmental Analyst
Sr. Scientist
Biologist 1-V
Assistant Biologist
Sr. Landscape Architect I-III
Project Landscape Archftect I-III
Assistant Landscape Designer
Sr. GIS Specialist
GIS Specialist I-III
GIS Technician
Graphics
Document Coordinator
Technical Editor
Operations Manager
Word Processor I-III
Clerical
Rates are subject to change on a yearly basis
$205.00-215.00
$180.00-205.00
$180.00-205.00
$170.00-200.00
$140.00-175.00
$160.00-175.00
$160.00-175.00
$150.00-165.00
$135.00
$85.00-150.00
$105.00-140.00
$80.00
$80.00
$75.00
$125.00
$70.00-125.00
$80.00-100.00
$65.00-75.00
$120.00-175.00
$70.00-110.00
$50.00-60.00
$150.00-180.00
$100.00-140.00
$70.00-100.00
$105.00-145.00
$75.00-100.00
$50.00-60.00
$110.00
$80.00
$70.00-90.00
$85.00
$65.00-80.00
$60.00
EXHIBITD
SELF-DEAUNG TRANSACTION DISCLOSURE FORM
In order to conduct business with the County of Fresno (hereinafter referred to as "County"),
members of a contractor's board of directors (hereinafter referred to as "County Contractor"), must
disclose any self-dealing transactions that they are a party to while providing goods, performing
services, or both for the County. A self-dealing transaction is defined below:
"A self-dealing transaction means a transaction to which the corporation is a party and in which one
or more of its directors has a material financial interest"
The definition above will be utilized for purposes of completing this disclosure form.
INSTRUCTIONS
(1) Enter board member's name, job title (if applicable), and date this disclosure is being made.
(2) Enter the board member's company/agency name and address.
(3) Describe in detail the nature of the self-dealing transaction that is being disclosed to the
County. At a minimum, include a description of the following:
a. The name of the agency/company with which the corporation has the transaction; and
b. The nature of the material financial interest in the Corporation's transaction that the
board member has.
(4) Describe in detail why the self-dealing transaction is appropriate based on applicable
provisions of the Corporations Code.
(5) Form must be signed by the board member that is involved in the self-dealing transaction
described in Sections (3) and (4).
(1) Company Board Member Information:
Name: Tom Huffinan Date: May 1, 2015
Job Title: Biology Division Manager
(2) Company/Agency Name and Address:
Helix Environmental Planning, Inc.
7578 El Cajon Boulevard
La Mesa, CA 91942
6194621515
(3) Disclosure (Please describe the nature of the self-dealing transaction you are a party to):
HELIX has no self-dealing transactions to report.
(4) Explain why this self-dealing transaction is consistent with the requirements of Corporations Code 5233 (a):
HELIX has no self-dealing transactions.
I --I
(5) Authorized Signatpre , I /17
Signature: -~~ti , J/{t, £/ --~ ~L · '*; ZlLa rA
Date: I May 1, 2015 ·
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