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HomeMy WebLinkAboutAgreement A-19-422 with Little Bear Solar 1, 3, 4, and 5, LLC (Road Repair).pdfWHEREAS, the OWNERS will be constructing their respective portions of the 2 PROJECT, consisting of the construction and operation of solar PV power facilities capable of 3 generating up to 180 megawatts and associated infrastructure; and 4 WHEREAS, as part of the preparation of the Environmental Impact Report for the 5 PROJECT, COUNTY examined and described the potential for traffic and circulation related impacts of 6 the PROJECT; and 7 WHEREAS, the EIR concluded that truck trips related to the construction of the 8 PROJECT may result in damage to COUNTY-maintained roads, in particular the segment of California 9 Avenue between Ohio Avenue and DerrickAvenue/SR 33; and 10 WHEREAS, Mtigation Measure 3.18-1 a of the rvMRP requires, among other things, that 11 OWNERS "enter into a secured agreement with Fresno County to ensure that any County roads that 12 are demonstrably damaged by project-related activities are promptly repaired and, if necessary, paved, 13 slurry sealed, or reconstructed as per requirements of the state and/or Fresno County"; and 14 WHEREAS, Mtigation Measure 3.18-1 a of the MMRP also requires the OWNERS to 15 'prepare and submit a Traffic Management Plan to Fresno County Department of Public Works and 16 Planning and Caltrans District 6 office for approval" in accordance with the California Manual on 17 Uniform Traffic Control Devices (MUTCD) and Work/Vea Traffic Control Handbook; and 18 WHEREAS, Mtigation Measure 3.18-1a of the l'vlv1RP requires OWNERS to overlay 19 (two (2) inches Hot Mx Asphalt) and restripe California Avenue from DerrickAvenue to the Ohio 20 Avenue (one (1) mile); and 21 WHEREAS, Mtigation Measure 3.18-1a of the rvlv'lRP requires OWNERS to maintain 22 California Avenue, between Derrick Avenue and San Bernardino (two (2) miles) throughout the 23 construction duration; and 24 WHEREAS, California Avenue, between Derrick Avenue and Ohio Avenue and 25 California Avenue, between Ohio Avenue and San Bernardino Avenue are to be known collectively as 26 "ROADS" and constitute the PROJECT frontage; and 2 1 WHEREAS, this AGREEMENT, in accordance with California Public Resources Code 2 Section 20181.6 and Section 15097 of Title 14 of the California Code of Regulations, is being entered 3 into to satisfy the requirement of Mtigation r\/leasure 3.18-1a recited immediately above. 4 NOW, THEREFORE, in consideration of the foregoing recitals and for good and valuable 5 consideration, the receipt and adequacy of which are hereby acknowledged, the OWNERS and the 6 COUNTY, each of which is a "PARTY' to this AGREEMENT and collectively are "PARTIES" to this 7 AGREEMENT, agree as follows: 8 SECTION 1. This AGREEMENT is effective as of the date that it is signed by the PARTIES. SECTION 2. DEFINITIONS A "BUSINESS DAY' means Monday through Friday, inclusive, but excluding any day 9 10 11 12 13 14 15 16 17 which is recognized as a legal holiday by COUNTY. B."CALENDAR DAY' means a calendar day unless specified to the contrary in this AGREEMENT. C."DIRECTOR" means the Director of COUNTY'S Department of Public Works and Planning or his or her designee. SECTION 3. OBLIGATIONS OF OWNERS. 18 The obligations of OWNERS under this AGREEMENT are: 19 A Prior to COUNTY'S issuance of construction or building permits authorizing the 20 construction of the PROJECT, OWNERS shall prepare and submit a Traffic Management Plan to the 21 Road Maintenance and Operations Division of the Fresno County Department of Public Works and 22 Planning and the Caltrans District 6 office for approval, and obtain all necessary permits, including any 23 necessary permits to be issued by Caltrans, required at such time for work within the road right-of-way 24 per the requirements l\lltigation r\/leasure 3.18-1a of the MMRP for the PROJECT. 25 Ill 26 Ill 27 Ill 28 /// 4812-1349-3663.1 3 1 2 3 4 5 6 The OWNERS shall submit such plans to: B. County of Fresno Department of Public Works and Planning: Attn: Road Maintenance and Operations Manager County of Fresno 2220 Tulare Street, 6th Floor Fresno, California 93721 /:J,j_ least twenty (20) BUSINESS DAYS prior to commencing construction of the 7 PROJECT, OWNERS shall provide COUNTY notice of the intent to commence construction and other 8 PROJECT-related activities to enable COUNTY to complete the FIRST ROAD INSPECTION g (hereinafter defined) pursuant to Section 4 (D). 10 C.Not less than five (5) CALENDAR DAYS prior to the initial use or transportation of heavy 11 equipment or large construction vehicles on or over ROADS for the PROJECT, OWNERS shall 12 complete the overlay (2" Hot Mx Asphalt) and res tripe of California Avenue from Derrick Avenue to 13 Ohio Avenue (1 mile) as described in Mitigation fvleasure 3.18-1a of the rvrv'IRP, constructed as per the 14 requirements of COUNTY, and obtain approval from COUNTY for all work required in this Section 1 15 (C). OWNERS shall, at their sole cost and expense, repair or replace any work required in this Section 16 1 (C) determined not to meet the requirements of COUNTY. 17 D.Upon completion of construction and other PROJECT-related activities, OWNERS shall 18 provide notice to COUNTY of the completion of such construction to enable COUNTY to complete the 19 SECOND ROAD INSPECTION pursuant to Section 4 (D); 20 E.Not more than ten (10) CALENDAR DAYS prior to applying to the Department of Public 21 Works and Planning for a Certificate of Occupancy for the PROJECT, OWNERS shall: 22 i.OWNERS shall, at their sole cost and expense, repair or replace ROADS 23 identified by COUNTY in the report of SECOND ROAD INSPECTION; provided that prior to conducting 24 repairs or replacement of any public facility, OWNER submits plans and specifics, from a duly licensed 25 California civil engineer, for the proposed repairs and replacement work; the COUNTY agrees to the 26 type and extent of the road repairs required to mitigate the impacts on the ROADS and OWNERS shall 27 obtain DlRECTOR's approval for such work; and 28 4812-1349-3663.1 4 1 ii.OWNERS shall obtain a report, subject to approval by COUNTY, from a 2 duly licensed California civil engineer documenting that ROADS have been repaired to pre-project 3 condition as documented at the time of the completion of the required overlay. 4 F.SECURITY. Notlater than then (10) CALENDAR DAYS from the Effective Date 5 OWNERS shall advance a total cash deposit in the sum of One Hundred Thousand Dollars and no 6 cents ($100,000.00) to COUNTY for the estimated cost of repairing any damage to the ROADS 7 (hereafter, the "ROAD REPAIR FUND"), which the COUNTY shall use for inspections and any work 8 associated with this AGREEMENT and to repair or replace the ROADS in the event that OWNERS fail 9 to complete such repairs or replacements in accordance with Section 3 (E). COUNTY shall have the 10 right to draw on the ROAD REPAIR FUND in the event OWNERS fail to complete such repairs or 11 replacement in accordance with Section 3 (E). With respect to the amounts required to be advanced by 12 OWNERS to COUNTY: 13 i.Such amounts are an estimate, and in any event not a limitation on OWNERS' 14 obligation to fully fund the inspections and repairs to or replacement of the Roads pursuant to Section 3 15 ii.Such amounts shall not obligate COUNTY to achieve a predetermined result, 16 including finding that the OWNERS have complied with the MMRP, and 17 iii.Nothing in this AGREEMENT alters the OWNERS' respective obligations under 18 the MMRP. 19 G.For any invoice issued pursuant to Section 2, OWNERS shall remit payment for the full 20 amount reflected in the invoice within forty-five (45) CALENDAR DAYS of the date the invoice was 21 issued by COUNTY. 22 SECTION 4. OBLIGATIONS OF THE COUNTY. 23 COUNTY shall perform the following obligations pursuant to this AGREEMENT: 24 A Deposit the ROAD REPAIR FUND upon receipt from OWNERS into the SPECIAL 25 REVENUE FUND as an account managed by COUNTY and designated as the SPECIAL REVENUE 26 FUND ("SPECIAL REVENUE FUND"). 27 B.Transmit written confirmation of receipt of the ROAD REPAIR FUND within thirty (30) 28 CA!_ENDAR DAYS of receipt; 4812-1349-3663.1 5 1 C.Upon notification from OWNERS of the start date of construction of the PROJECT, as 2 required by Section 3 (8), inspect the ROADS not later than fifteen (15) BUSINESS DAYS from receipt 3 of such notice to determine the Pavement Condition Index ("PCI") and pre-PROJECT condition of 4 Roads ("FIRST ROAD INSPECTION"). Not later than fifteen (15) BUSINESS DAYS from date of the 5 FIRST ROAD INSPECTION, DIRECTOR shall deliver to OWNERS a report of FIRST ROAD 6 INSPECTION and provide the following: 7 The PCI for the ROADS; 8 i.Condition of the ROADS; and 9 ii.Damage to the ROADS that would require repair pursuant to state and/or 10 COUNTY standards; 11 iii.Invoice for total amount in dollars and cents of COUNTY total staff time costs and 12 COUNTY fleet vehicle mileage costs associated with the FIRST ROAD INSPECTION and preparation 13 of the report of the FIRST ROAD INSPECTION based on the number of hours expended multiplied by 14 the hourly billing rate(s). 15 D.Upon notification from OWNERS of the completion of construction of the PROJECT, as 16 required by Section 3 (D), inspect the ROADS not later than fifteen (15) BUSINESS DAYS from receipt 17 of such notice to determine the PCI level and damage to the ROADS by PROJECT-related activities 18 ("SECOND ROAD INSPECTION"). Not later than fifteen (15) BUSINESS DAYS from date of the 19 SECOND ROAD INSPECTION, DIRECTOR shall deliver to OWNERS a report of SECOND ROAD 20 INSPECTION and provide the following: 21 i.The PCI for the ROADS; 22 ii.The condition of the ROADS; 23 iii.Damage to the ROADS not present at the time of FIRST ROAD INSPECTION; 24 iv.The necessary repairs and reconstruction of ROADS determined by COUNTY to 25 be caused by PROJECT-related activity to be completed by OWNERS; 26 v.Invoice for total amount in dollars and cents of COUNTY total staff time costs and 27 COUNTY fleet vehicle lease mileage costs associated with the FIRST ROAD INSPECTION and 28 4812-1349-3663.1 6 1 preparation of the report of the FIRST ROAD INSPECTION based on the number of hours expended 2 multiplied by the hourly billing rate(s). 3 E. Conduct inspections of all repairs to or replacement of the ROADS completed by 4 OWNERS upon receipt of notice from OWNERS of the completion of such repair to or replacement of 5 the ROADS, not later than fifteen (15) BUSINESS DAYS from receipt of such notice in accordance with 6 Section 3 ("THIRD ROAD INSPECTION"); 7 F. Conduct inspections and repairs to or replacement of the ROADS should OWNERS fail 8 to repair or replace the ROADS in accordance with Section 3 (E). COUNTY shall be authorized to use 9 all or a portion of the ROAD REPAIR FUND to conduct the repairs to or replacement of ROADS; 10 G. Notwithstanding anything to the contrary herein, COUNTY shall not be required to 11 perform any obligations under this AGREEMENT, unless and until OWNERS have complied with their 12 obligations to advance funds to COUNTY as set forth in Section 1 of this AGREEMENT; 13 H. Upon a determination by DIRECTOR that the funding remaining in the SPECIAL 14 REVENUE FUND is insufficient to complete repairs to or replacement of ROADS, as required by this 15 AGREEMENT, DIRECTOR may issue an invoice for the amount of funding DIRECTOR determines to 16 be reasonably necessary to complete such repairs or replacement of ROADS. Each invoice shall be 17 paid in full by OWNERS, without deduction or offset, within forty-five (45) CA!_ENDAR DAYS of the 18 date of receipt of the Invoice. Upon receipt of such funding from OWNERS, DIRECTOR will deposit the 19 funding in the SPECIAL REVENUE FUND. 20 I.Upon completion of all repairs or replacement of ROADS pursuant to this AGREEMENT, 21 OWNERS may submit a written request to DIRECTOR for a refund of any funds remaining in the 22 SPECIAL REVENUE FUND. Upon receipt of such a written request from OWNERS, DIRECTOR shall 23 determine within thirty (30) CA!_ENDAR DAYS whether the funds in the SPECIAL REVENUE FUND 24 are necessary to ensure completion of any repairs to or replacement of ROADS. If DIRECTOR 25 determines that funds remaining in the SPECIAL REVENUE FUND are necessary to ensure completion 26 of any repairs to or replacement of ROADS pursuant to the MMRP, DIRECTOR shall issue written 27 notification of such determination to OWNERS. If DIRECTOR determines that funds remaining in the 28 SPECIAL REVENUE FUND are not necessary to ensure completion of any repairs to or replacement of 4812-1349-3663.1 7 1 ROADS pursuant to the rvrvtRP and approves of all repairs to or replacement of the ROADS completed 2 pursuant to this AGREEMENT, DIRECTOR shall cause the funds remaining in the SPECIAL 3 REVENUE FUND to be refunded to OWNERS within sixty (60) CALENDAR DAYS from the date of 4 such determination. Upon refund of the funds remaining in the SPECIAL REVENUE FUND to 5 OWNERS, this AGREEMENT shall terminate, provided that Section 10 shall survive termination of this 6 AGREEMENT. 7 SECTION 5. WAIVERS. 8 Waiver of a breach or default under this AGREEMENT shall not constitute a continuing waiver 9 or a waiver of a subsequent breach of the same or any other provision of this AGREEMENT. 10 SECTION 6. SEVERABILITY. 11 If a court of competent jurisdiction finds that any provision of this AGREEMENT is invalid or 12 unenforceable, such determination shall not affect the validity and enforceability of any other provision 13 of this AGREEMENT. 14 SECTION 7. OWNERS' LEGAL AUTHORITY. 15 Each individual executing or attesting this AGREEMENT on behalf of each OWNER hereby 16 covenants, warrants, and represents that (1) he or she is duly authorized to execute or attest and 17 deliver this AGREEMENT on behalf of OWNERS; and (2) that this AGREEMENT is binding upon 18 OWNERS. 19 SECTION 8. MODIFICATION. 20 My matters of this AGREEMENT may be modified from time to time by the written consent of 21 all the PARTIES without, in any way, affecting the remainder. 22 SECTION 9. NON-ASSIGNMENT. 23 Neither PARTY shall assign, transfer or subcontract this AGREEMENT nor their rights or duties 24 under this AGREEMENT without the prior written consent of the other PARTY. 25 SECTION 10. HOLD HARMLESS. OWNERS agree to indemnify, save, hold harmless, and at COUNTY's request, defend the 27 COUNTY, its officers, agents, and employees from any and all costs and expenses, damages, 28 liabilities, claims, and losses occurring or resulting to COUNTY in connection with the performance, or 4812-1349-3663.1 1 failure to perform, by OWNERS, its officers, agents, or employees under this AGREEMENT, and from 2 any and all costs and expenses, damages, liabilities, claims, and losses occurring or resulting to any 3 person, firm, or corporation who may be injured or damaged by the performance, or failure to perform, 4 of OWNERS, their officers, agents, or employees under this AGREEMENT. 5 SECTION 11. GOVERNING LAW AND VENUE. 6 This AGREEMENT shall be deemed to have been entered into in Fresno County, and shall be 7 interpreted under, and enforced by the laws of the State of California. The AGREEMENT and 8 obligations of the PARTIES are subject to all laws, orders, rules, and regulations of the authorities 9 having jurisdiction over this AGREEMENT (or the successors of those authorities). Any suits brought 10 pursuant to this AGREEMENT shall be filed and heard in courts having jurisdiction and located in the 11 Fresno County, State of California. 12 SECTION 12. NOTICES. 13 Except as otherwise specified herein, all notices., demands, requests or approvals to be sent 14 pursuant to this AGREEMENT shall be made in writing, and sent to the PARTIES at their respective 15 addresses specified below or to such other address as a PARTY may designate by written notice 16 delivered to the other PARTIES in accordance with this Section. All such notices shall be sent by: 17 (a) personal delivery, in which case notice is effective upon delivery; (b) certified or registered mail, 18 return receipt requested, in which case notice shall be deemed delivered upon receipt if delivery is 19 confirmed by a return receipt; or (c) nationally recognized overnight courier, with charges prepaid or 20 charged to the sender's account, in which case notice is effective on delivery if delivery is confirmed by 21 the delivery service. 22 County 23 24 25 With a copy to: 26 27 28 4812-134�3663.1 County of Fresno Department of Public Works and Planning Attn: Director 2220 Tulare Street, 6th Floor Fresno, California 93721 Office of the Fresno County Counsel Attn: Deputy County Counsel Assigned to Land Use Matters 2220 Tulare Street, Suite 500 Fresno, CA 93721 9 1 Owners: 2 With a copy to: 5 Little Bear Solar 1, 3, 4, and/or 5 LLC c/o First Solar Inc. Attn: Robert Holbrook -Manager, Project Development 135 Main Street, 6 Floor San Francisco, CA 94105 First Solar Development, LLC Attn: General Counsel 350 West Washington Street, Suite 600 6 Tempe, AZ 85281 7 SECTION 13. COUNTERPARTS. 8 This AGREEMENT may be signed in counterparts, and shall be deemed effective when all 9 PARTIES have signed the AGREEMENT, or any counterpart thereof. 10 SECTION 14. HEADINGS; CONSTRUCTION; STATUTORY REFERENCES. 11 The headings of the sections and paragraphs of this AGREEMENT are for convenience only 12 and shall not be used to interpret this AGREEMENT. This AGREEMENT is the product of negotiation 13 between the PARTIES. The language of this AGREEMENT shall be construed as a whole according to 14 its fair meaning and not strictly for or against any PARTY. Any rule of construction to the effect that 15 ambiguities are to be resolved against the drafting PARTY shall not apply in interpreting this 16 AGREEMENT. ,AJI references in this AGREEMENT to particular statutes, regulations, ordinances or 17 resolutions of the United States, the State of California, or the County of Fresno shall be deemed to 18 include the same statute, regulation, ordinance or resolution as hereafter amended or renumbered, or if 19 repealed, to such other provisions as may thereafter govern the same subject. 20 SECTION 15. ENTIRE AGREEMENT. 21 This AGREEMENT, including Exhibits A and B, attached hereto and incorporated herein by this 22 reference, represents the full and complete understanding of the PARTIES with respect to the subject 23 matter hereof, and all preliminary negotiations and oral or written agreements with respect thereto are 24 merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereof. 25 Any modification of this AGREEMENT will be effective only by a written instrument signed by COUNTY 26 and OWNERS. No waiver of any provision of this AGREEMENT will be valid unless and until it is in 27 writing and signed by the PARTY making the waiver. Waiver by either PARTY at any time of a breach 28 or default of this AGREEMENT shall not be deemed a waiver of or consent to a breach or default of the 10 1 same or any other provision of this AGREEMENT. In the event of any inconsistency in interpreting the 2 documents which constitute this AGREEMENT, the inconsistency shall be resolved by giving 3 precedence in the following order of priority: (1) the text of this AGREEMENT (excluding Exhibits "A", 4 and "B"), (2) Exhibit and (3) Exhibit "B". 5 SECTION 16. JOINT AND SEVERAL LIABILITY. 6 Little Bear Solar 1, LLC; Little Bear Solar 3, LLC; Little Bear Solar 4, LLC; and Little Bear Solar 7 5, LLC shall be jointly and severally liable for the OWNERS' obligation to COUNTY under this AGREEMENT. Signatures on following page 4812-1349-3663.1 11 Mitigation Monitoring and Reporting Program Conditional Use Permit Application Nos. 3550, 3551, 3552, 3553, and 3577 (Including Design Measures, Conditions of Aooroval and Project Notes) Mitigation Measures Measure No. Impact Mitigation Measure Language Implementation Monitoring Time Span Responsibility Responsibility Mitigation Air Quality Voluntary Emission Reduction Agreement for NOx During Applicants and/or Fresno County Prior to issuance Measure* 3.4-2 Decommissioning their designees Department of of County Prior to issuance of County permits for decommissioning activities, to implement Public Works and permits for the Project Applicant shall provide to the County either: measure as Planning, decommissioning A fully-executed Voluntary Emission Reduction Agreement defined. Development activities a. Services (VERA) with the San Joaquin Valley Air Pollution Control District Division, and/or (SJVAPCD) to fully mitigate Project decommissioning emissions its designee from NOx; or b.An analysis prepared by an air quality specialist demonstrating that the emissions of NOx associated with decommissioning would be less than 10 tons per year. Design Air Quality Voluntary Emission Reduction Agreement for NOx During Applicants and/or Fresno County Prior to issuance Measure Construction and Operations their designees Department of of County tt2.5.7.1 Prior to issuance of County permits for construction activities, the to implement Public Works and permits for Project Applicant shall provide to the County either: measure as Planning, construction a. A fully-executed Voluntary Emission Reduction Agreement defined. Development activities Services (VERA) with the San Joaquin Valley Air Pollution Control District Division, and/or (SJVAPCD) to fully mitigate Project construction and operational its designee, emissions from NOx; or San Joaquin b.An analysis prepared by an air quality specialist demonstrating Valley Air that the emissions of NOx associated with construction and Pollution Control operations would be less than 10 tons per year.District Design Air Quality Valley Fever Management Plan Applicants and/or Fresno County Prior to ground-Measure During the demolition, construction, and decommissioning phases of their designees Department of disturbing -2.5.7.2 the Project, the Applicant shall implement the following measures to implement Public Works and activities intended to reduce worker exposure to the Coccidioides immitis (C. measure as Planning, associated with immitis) fungus that causes Valley Fever: defined. Development construction or Prior to ground-disturbing activities, a Valley Fever Services demolition of the Division, and/or project Management Plan will be provided to the County and shall its designee include a program to limit the potential for exposure to C. immitis from construction activities and to identify appropriate worker training, dust management and safety procedures that MitiQation Measures Measure No. Impact Mitigation Measure Language Implementation Monitoring Time Span Responsibility Responsibil itv Design Air Quality shall be implemented, as needed, to minimize personnel and Measure public exposure to C. immitis. -2.5.7.2 •In addition to awareness and recognition training, these (cont.)measures include performing job hazard assessments (JHAs) for all job classifications employed on site. These JHAs will identify the potential for exposure as well as the appropriate precautions and controls to minimize exposure. Mitigation Biological Preconstruction surveys Applicants and/or Fresno County 14 days prior to Measure* 3.5-1 Resources San Joaquin kit fox: their designees Department of commencement Preconstruction surveys shall be conducted by a qualified biologist to implement Public Works and of construction measure as Planning, activities for the presence of San Joaquin kit fox dens within 14 days prior to defined. Development commencement of construction activities. The surveys shall be Services conducted in areas of suitable habitat for San Joaquin kit fox (areas Division, and/or that have been plowed within 12 months prior to the start of ground-its designee, disturbing activities are not considered suitable). Surveys need not California be conducted for all areas of suitable habitat at one time; they may Department of be phased so that surveys occur within 14 days prior to that portion Fish and Wildlife of the site that is disturbed. If no potential San Joaquin kit fox dens are present, no further mitigation is required under this measure. If potential dens are observed and avoidance is determined to be feasible (as defined in CEQA Guidelines §15364 consistent with the USFWS (1999] Standardized Recommendations for Protection of the San Joaquin Kit Fox) by a qualified biologist in consultation with the Project Owner and the County, buffer distances shall be established prior to construction activities. 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 a potential non-natal den may be active, an on-site passive relocation program shall be implemented with prior concurrence from USFWS. This program shall consist of excluding San Joaquin kit foxes from occupied burrows by installation of one-way doors at burrow entrances, monitorina of the burrow for one week to confirm usaae has been 2 MitiQation Measures Measure No. Impact Mitigation Measure Language Implementation Monitoring Time Span Responsibility Responsibility Mitigation Biological discontinued, and excavation and collapse of the burrow to Measure* 3.5-1 Resources prevent reoccupation. After the qualified biologist determines that (cont.) the San Joaquin kit foxes have stopped using active dens within the Project boundary, the dens shall be hand-excavated as stated above for inactive dens. Bu"owing owl: Preconstruction surveys shall be conducted by a qualified biologist for the presence of burrowing owl within 14 days prior to the commencement of equipment staging or ground-disturbing activities. Given the large size of the construction site, multiple or ongoing burrowing owl surveys may be required. To protect burrowing owls, the following conditions shall be met prior to construction within each successive work area: •A qualified wildlife biologist (i.e., a wildlife biologist with previous burrowing owl survey experience) shall conduct pre-construction surveys on the 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 (e.g., vegetation clearance, grading, tilling). Areas that have been plowed within 12 months prior to the start of ground-disturbing activities are not considered suitable habitat. 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 23 to 66 feet (7 to 20 meters) apart, noting any potential burrows with fresh burrowing owl sign or presence of burrowing owls. Copies of the survey results shall be submitted to CDFW and the Fresno County Public Works and Planning Department. The surveys may be conducted concurrently with San Joaquin kit fox surveys.•If active burrowing owl burrows are detected on site, no ground- disturbing activities, such as vegetation clearance or grading, shall be permitted within a buffer of 330 feet from an active burrow during the breeding season (February 1 to August 31 ), unless otherwise authorized by a qualified biologist as described below. During the non-breeding (winter) season (September 1 to January 31 ), no ground-disturbing work shall be permitted within a buffer of 165 feet from the burrow. Depending on the level of disturbance, a smaller buffer mav be established bv a 3 Mitiaation Measures Measure No. Impact Mitigation Measure Language Implementation Monitoring Time Span Responsibility Responsibility Mitigation Biological qualified biologist based on the visibility and sensitivity Measure* 3.5•1 Resources responses of each individual burrowing owls or pairs. (cont.) •If burrow avoidance is infeasible during the non-breeding season or during the breeding season where resident owls have not yet begun egg laying or incubation or where the juveniles are foraging independently and capable of independent survival,a qualified biologist shall implement a passive relocation program in accordance with the CDFW (2012) Staff Report on Burrowing Owl Mitigation.•If passive relocation is anticipated due to on-site burrowing owl populations, a qualified biologist shall prepare a Burrowing Owl Exclusion Plan in accordance with CDFW (2012) Staff Report on Burrowing Owl Mitigation and for review by CDFW prior to passive relocation activities. Mitigation Biological General Measures for the Avoidance and Protection of Operator andfor Fresno County During Measure* 3.5-2 Resources Biological Resources contractor to Department of construction, During construction, operation and maintenance, and implement Public Works and operation and decommissioning of the facility, the operator and/or contractor shall measure as Planning, maintenance, implement the following general avoidance and protective measures defined.Development and to protect San Joaquin kit fox and other special-status wildlife Services decommissioning species: Division, and/or of the facility •The operator shall limit the areas of disturbance. Parking areas,its designee, California new roads, staging, storage, excavation, and disposal site Department of locations shall be confined to the smallest areas possible. All Fish and Wildlife 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, vehicles, and equipment outside of the impact zone shall be avoided.•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 (BMPs) shall be employed to prevent erosion in accordance with the Project's approved Stormwater Pollution Prevention Plan (SWPPP). All detected erosion shall be remedied within two (2) days of discovery or as described in the SWPPP. 4 Mitigation Measures Measure No. Impact Mitigation Measure Language Implementation Monitoring Time Span Responsibility Responsibility Mitigation Biological • To prevent inadvertent entrapment of wildlife during construction, Measure* 3.5-2 Resources all excavated, steep-walled holes or trenches with a 2-foot or (cont.) 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 approved biological monitor for trapped animals, If trapped animals are observed, escape ramps or structures shall be installed immediately to allow escape. If a listed species is trapped, USFWS and/or CDFW shall be contacted immediately. •All construction pipes, culverts, or similar structures with a 4-inch or greater diameter that are stored at a construction site for one or more overnight periods shall be thoroughly inspected for special-status wildlife or nesting birds before the pipe is subsequently buried, capped, or otherwise used or moved in any way. If an animal is discovered inside a pipe, that section of pipe shall not be moved until the Lead Biologist has been consulted and the animal has either moved from the structure on its own accord or until the animal has been captured and relocated by the Lead Biologist.•Vehicles and equipment parked on the sites shall have the ground beneath the vehicle or equipment inspected for the presence of wildlife prior to moving.•Vehicular traffic shall use existing routes of travel. Cross-country vehicle and equipment use outside of the Project properties shall be prohibited.•A speed limit of 20 miles per hour shall be enforced within all construction areas.•A long-term trash abatement program shall be established for construction, operations, and decommissioning and submitted to the County. Trash and food items shall be contained in closed containers and removed daily to reduce the attractiveness to wildlife such as common raven (Corvus corax), coyote (Canislatrans), and feral dogs.•Workers shall be prohibited from bringing pets and firearms to the Project site and from feeding wildlife in the vicinity.•Intentional killing or collection of any wildlife species shall be prohibited. 5 Mitiaation Measures Measure No. Impact Mitigation Measure Language Implementation Monitoring Time Span Resoonsibilitv Responsibilitv Mitigation Biological Nesting Birds and Bats Applicants and/or Fresno County During Measure* 3.5-3 Resources •If construction is scheduled to commence during the non-nesting their designees Department of construction season (September 1 to January 31), no preconstruction surveys to implement Public Works and activities or additional measures are required for nesting birds, including measure as Planning, raptors. defined. Development Services •To avoid impacts to nesting birds in the Project site and Division, and/or immediate vicinity, a qualified wildlife biologist shall conduct its designee, preconstruction surveys of all potential nesting habitat within the California Project sites for ground-disturbing activities that are initiated Department of during the breeding season (February 1 to August 31). The Fish and Wildlife 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; 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). Encroachment into the buffer may occur at the discretion of a qualified biologist except that encroachment into the buffer for Swainson's hawk must be authorized by CDFW.•The Project site may provide suitable roosting habitat for bats within buildings, and provide nighttime foraging habitat. If bats are found on the Project site, roosts shall be protected during the bat-breeding season (March 1 through September 30) with at least a 200-foot no-disturbance buffer. Outside the breeding season, once a qualified biologist has determined the bats have left to forage, reentry into the structures shall be blocked and alternative bat roosting habitat shall be provided on site or in the vicinity prior to the structures being removed. 6 Mitiaation Measures Measure No. Impact Mitigation Measure Language Implementation Monitoring Time Span Responsibility Responsibility Design Biological Wildlife-friendly Features Applicants and/or Fresno County During Measure ,.,. Resources The Applicant shall reduce potential impacts to wildlife by installing their designees Department of construction, 2.5.7.3 "wildlife-friendly" fencing, which would be designed to allow San to implement Public Works and operation and Joaquin kit fox to pass through the fence while still providing for measure as Planning, maintenance, solar facility security and exclusion of other unwanted species (i.e., defined. Development and large domestic dogs and coyotes). Fence posts shall be capped to Services decommissioning prevent potential entrapment of birds or other small species. The Division, and/or of the facility design of new overhead gen-tie lines and transmission structures its designee, would follow the most recent Avian Power Line Interaction California Committee guidance, currently 2012, to reduce the potential for Department of avian injury and mortality from collisions (APLIC 2012) and Fish and Wildlife electrocution (APLIC 2006). Further, the proposed use of motion- activated security lighting (rather than lighting that would remain on from dusk to dawn) would reduce adverse impacts to nocturnal species, potentially including foraging, sheltering, mating and reproducing, communicating, and migrating behaviors. Mitigation Cultural Implementation of Accidental Discovery Procedures Applicants and/or Fresno County During Measure* 3.6-1 Resources In the event that unanticipated archaeological resources are their designees Department of construction encountered during Project activities, compliance with federal and to implement Public Works and activities State regulations and guidelines regarding the treatment of cultural measure as Planning, resources and/or human remains shall be required, along with defined. Development implementation of the following mitigation: If prehistoric or historic-Services period archaeological resources are encountered during project Division, and/or implementation: its designee. •All construction activities within 100 feet shall halt and the County shall be notified.•A qualified archaeologist, defined as one meeting the Secretary of the Interior's Professional Qualifications Standards for Archeology, shall inspect the findings and report the results of the inspection to the developer and the County.•In the event that the identified archaeological resource is determined to be prehistoric, the County and qualified archaeologist will coordinate with and solicit input from the appropriate Native American Tribal Representatives, as determined by consultation with the Native American Heritage Commission (NAHC), regarding significance and treatment of the resource as a tribal cultural resource. Any tribal cultural resources discovered during project work shall be treated in 7 Mitigation Measures l l Measure No. Impact Mitigation Measure Language Implementation Monitoring Time Span Responsibility Responsibility Mitigation Cultural consultation with the tribe, with the goal of preserving in place Measure* 3.6-1 Resources with proper treatment. (cont.) •If the County determines that the resource qualifies as a historical resource or a unique archaeological resource (as defined pursuant Jo CEQA Guidelines) and that the project has potential to damage or destroy the resource, mitigation shall be implemented in accordance with Public Resources Code Section 21083.2 and CEQA Guidelines Section 15126.4. Consistent with CEQA Guidelines Section 15126.4(b)(3), mitigation shall be accomplished through either preservation in place or, if preservation in place is not feasible, data recovery through excavation conducted by a qualified archaeologist implementing a detailed archaeological treatment plan. Mitigation Cultural Accidental Discovery of Human Remains Applicants and/or Fresno County During Measure* 3.6-2 Resources If human remains are uncovered during Project activities, the Project their designees Department of construction owner shall immediately halt work, contact the Fresno County to implement Public Works and activities Sheriff-Coroner to evaluate the remains, and follow the procedures measure as Planning, and protocols set forth in CEQA Guidelines Section 15064.4 (e)(1). defined. Development If the County Sheriff-Coroner determines that the remains are Native Services American in origin, the Native American Heritage Commission Division, and/or (NAHC) will be notified, in accordance with Health and Safety Code its designee Section 7050.5(c) and Public Resources Code Section 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. Mitigation Geology, Soils, Paleontological Monitoring Applicants and/or Fresno County During Measure* 3.8-7 and The qualified paleontologist shall oversee paleontological monitoring their designees Department of construction Paleontological of all excavation at depths greater than 20 feet in previously to implement Public Works and activities Resources undisturbed sediments. Monitoring shall be conducted by a measure as Planning, defined. Development 8 ' Mitigation Measures Measure No. Impact Mitigation Measure Language Implementation Monitoring Time Span Responsibility Responsibility Mitigation Geology, Soils, paleontological monitor meeting the standards of the Society of Services Measure* 3.8-7 and Vertebrate Paleontology (2010). If a paleontological resource is Division, and/or (cont.) Paleontological found, regardless of depth or setting, the Project contractor shall its designee Resources cease ground-disturbing activities within 50 feet of the find and contact the qualified paleontologist. The qualified paleontologist shall evaluate the significance of the resources and recommend appropriate treatment measures. At each fossil locality, field data forms shall be used to record pertinent geologic data, stratigraphic sections shall be measured, and appropriate sediment samples shall be collected and submitted for analysis. Any significant fossils encountered and recovered shall be catalogued and curated at an accredited 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 Hazards and Suspected Asbestos-containing Materials Applicants and/or Fresno County During initial Measure* Hazardous The Project proponent shall continuously comply with the following their designees Department of demolition and 3.10-2 Materials mitigation in the event that materials suspected to contain asbestos to implement Public Works and construction are uncovered during initial demolition and construction activities: measure as Planning, activities 1. In the event that suspect asbestos-containing materials are defined. Development Services discovered during Project activities, work within a 100-Division, and/or foot distance of the discovery shall immediately halt and a its designee California-certified asbestos professional shall take samples for analysis of the suspect materials. 2.All damaged asbestos-containing material and asbestos- containing material that would be disturbed by Project activities shall be removed in accordance with federal, state, and local laws and the National Emissions Standards for Hazardous Air Pollutants guidelines before work may recommence. 3.All demolition activities shall be undertaken in accordance with California Occupational Safety and Health Administration standards, as contained in Title 8 of the California Code of Regulations, Section 1529, to protect workers from exposure to asbestos. Demolition shall be performed in conformance with Federal, State, and local laws and regulations so that construction 9 Mitigation Measures Measure No. Impact Mitigation Measure Language Implementation Monitoring Time Span Resoonsibilitv Resoonsibilitv Mitigation Hazards and workers and/or the public avoid significant exposure to asbestos- Measure* Hazardous containing materials. 3.10-2 Materials (cont.) Mitigation Noise and Noise Reduction for Energy Storage System HVAC Units Applicants and/or Fresno County Prior to issuance Measure* Acoustics Prior to issuance of building permits for the energy storage system their designees Department of of building 3.14-1 (ESS) facility, the Project Applicant shall provide to the County to implement Public Works and permits for the evidence demonstrating that each ESS facility heating venting and air measure as Planning, ESS conditioning (HVAC) system will comply with the County noise defined. Development standards through equipment selection and incorporation of design Services measures (if applicable). Design measures may include the selection Division, and/or of quieter HVAC units and use of enclosures or otherwise configuring its designee, the units in a location that provides an acoustical barrier. Fresno County Department of Public Health Mitigation Transportation Construction and Decommissioning Traffic Management Plan Applicants and/or Fresno County Prior to the Measure* and Traffic Prior to the issuance of construction or building permits, an the construction Department of Issuance of 3.18-1a Encroachment Permit from Caltrans for the installation of a contractor and/or Public Worl<s and construction or temporary traffic control and the issuance of decommissioning their designees Planning, building permits authorizations, the Applicant and/or the construction contractor to implement Development and throughout shall: measure as Services Division, the construction Prepare and submit a Traffic Management Plan to Fresno County defined. California duration • Department of Department of Public Works and Planning and the Caltrans District Transportation 6 office for approval. The Traffic Management Plan must be District 6, and/or prepared in accordance with both the California's Manual on its designee Uniform Traffic Control Devices (MUTCD) and Work Area Traffic Control Handbook and must include, but not be limited to, the following issues: -Temporary Traffic Control (TTC) plan that addresses traffic safety and control through the work zone;-Timing of deliveries of heavy equipment and building materials;-Directing construction traffic with a flagger;-Placing temporary signage, lighting, and traffic control devices if required, including, but not limited to, appropriate signage along access routes to indicate the presence of heavv vehicles and construction traffic: 10 Mitigation Measures Measure No. Impact Mitigation Measure Language Implementation Monitoring Time Span Responsibilitv Responsibilitv Mitigation Transportation -Ensuring access for emergency vehicles to the project sites;Measure* and Traffic -Temporarily closing travel lanes or delaying traffic during3.18-1a materials delivery, transmission line stringing activities, or any (cont.) other utility connections; -Maintaining access to adjacent property;-Specifying both construction/decommissioning-related vehicle travel and oversize load haul routes, minimizing construction/decommissioning traffic during the a.m. and p.m. peak hour, distributing construction/decommissioning 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 Department of Public Works and Planning.•Overlay (2" Hot Mix Asphalt) and restripe California Avenue from Derrick Avenue to the Ohio Street alignment (1 mile) due to roadway impacts resulting from Project-generated construction truck traffic.•Maintain the roadway (2 miles) along the frontage of the Project site throughout the construction duration.•Enter into a secured agreement with Fresno County to ensure that any County roads that are demonstrably damaged by project-related activities are promptly repaired and, if necessary, paved, slurry-sealed, or reconstructed as per requirements of the state and/or Fresno County. Mitigation Transportation Temporary Traffic Signal Applicants and/or Fresno County Prior to the Measure* and Traffic The Applicant shall coordinate with Caltrans and Fresno County to their designees Department of issuance of 3.18-1b pay for and install a temporary traffic signal at the SR 33/West to implement Public Works and construction or California Avenue/West Panache Road intersection prior to the measure as Planning, building permits commencement of construction activities. Appropriate warning signs defined.Development and throughout and plaques, as well as advance warning signs, shall be installed Services Division, the construction along SR 33 to alert drivers of the modified traffic control at West California duration California Avenue. The installation of a temporary traffic control Department of device on a State facility (SR 33) will require an Encroachment Transportation 11 Mitigation Measures Measure No. Impact Mitigation Measure Language Implementation Monitoring Time Span Responsibility Responsibility Mitigation Transportation Permit from Caltrans, which will be issued upon Caltrans' approval District 6, and/or Measure" and Traffic of the Traffic Management Plan (see Mitigation Measure 3.18-1a). its designee 3.18-1b (cont.) Design Aesthetics, Shared Facilities with the North Star Solar Project Applicants and/or Fresno County During Measure** Biological The Project would share, where feasible, the existing 2-mile-long their designees Department of construction of 2.5.7.4 Resources, 115 kV gen-tie line and underground communication lines between to implement Public Works and the facility Hazardous the North Star Substation and PG&E's Mendota Substation; may measure as Planning, Materials share a portion of the North Star Solar Project site for construction defined. Development worker parking, temporary construction offices, and temporary water Services storage tanks; and may use water from the North Star Solar Project Division, and/or well. To the extent the sharing of this existing infrastructure would its designee be feasible, the Applicant would avoid creating new impacts, including the avoidance of potential impacts to aesthetics and avian species that otherwise would result from new power lines and poles along West California Avenue, potential grading or hazardous materials impacts that could result if all construction workers were to park commute vehicles on the Project site, and potential impacts to groundwater supply and soils from the normal use of potential contaminants (such as sealants) in the well-drilling process. Design Biological, Worker Environmental Awareness Program (WEAP) Applicants and/or Fresno County Prior to the Measure** Paleontological The Project owner, or its contractor, shall implement a Worker their designees Department of issuance of 2.5.7.6 and Cultural Environmental Awareness Program (WEAP) to train construction to implement Public Works and grading or Resources personnel how to recognize and protect environmental and cultural measure as Planning, building permits resources on the Project site. The WEAP training shall include the defined. Development and for the following topic areas: Services duration of •Biological Resources: Training will include a review of the Division, and/or construction special-status species and other sensitive biological resources its designee activities that could exist in the Project area, the locations of sensitive biological resources and their legal status and protections, and measures to be implemented for avoidance of these sensitive resources. Covered resources would include the San Joaquin kit fox, Swainson's hawk and the burrowing owl.•Cultural and Paleontological Resources: The training shall include an overview of potential cultural and paleontological resources that could be encountered during ground-disturbing activities to facilitate worker recognition and avoidance as well 12 MitiQation Measures Measure No. Impact Mitigation Measure Language Implementation Monitoring Time Span Responsibility Responsibility Design Biological, as appropriate notifications and work restrictions should Measure-Paleontological potential resources be encountered. 2.5.7.6 and Cultural •Paleontological Resources: The training shall include an (cont.) Resources overview of potential paleontological resources that could be encountered during ground-disturbing activities to facilitate worker recognition and avoidance as well as appropriate notifications and work restrictions should potential resources be encountered.•The WEAP training also shall include information on other compliance matters. as appropriate, such as storm water management, handling and storage of hazardous materials and compliance with dust control measures. The WEAP training will be mandatory for all construction personnel and certain site visitors and vendors. 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 made available upon request. ..•MITIGATION MEASURE-Measure specifically applied to the proiect to mitigate potential adverse environmental effects 1dent1fied In the environmental document. .. Design Measure -Condition proposed as part of the design for the project whose implementation would mitigate potential adverse environmental Impacts identified In the environmental document. Conditions of Aooroval 1.The life of this each land use permit (CUP Nos. 3550, 3551, 3552, 3553, and 3577) shall expire upon expiration of the initial life of the solar lease or the 30-year initial life of each of the projects. If the solar leases are to be extended or the initial life of each project extends beyond this approval, approval of new land use permits shall be obtained. 2.Development and operation of the use shall be in conformance with the site plan, elevation drawings, operational statement, and Reclamation Plan approved by the Commission. 3.The CUP approval shall be conditioned upon acceptance of Financial Assurances by the Director of the Department of Public Works and Planning and/or the Director's designee. 4.A Site Plan Review (SPR) Application shall be submitted for approval by the Director of the Department of Public Works and Planning in accordance with Section 874 of the Fresno County Zoning Ordinance prior to the issuance of Building Permits for each approved land use permit (CUP Nos. 3550, 3551, 3552, 3553, and 3577). The SPRs shall be applicable to those portions of the project site(s) to be improved with substations, 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. 5.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 17.40.100) shall be entered into with Fresno County, acknowledging the presence of surrounding agricultural operations and their related activities. 13 Conditions of Approval 6.The project shall adhere to the procedures listed in the Reclamation Plan prepared for the operation, including requirements for financial estimates, bonding and facility removal when operation ceases. Prior to the issuance of any Construction Permits (Building, Electrical, Mechanical, Plumbing), the required bond amount, based on the engineer's estimate, shall be deposited (or evidence of a Bank Guarantee or Irrevocable Letter of Credit shall be provided). 7.The Reclamation Plan shall be revised to provide for an annual increase in costs at 3%, or tied to the Consumer Price Index (CPI), or other mechanism acceptable to the Fresno County Department of Public Works and Planning. 8.The project shall comply with the Pest Management Plan, February 2017, in order to control weeds and rodents on the property that may impact adjacent properties. 9.The County of Fresno shall enter into an agreement with a Consultant to act as a Third Party Monitor and implement the Mitigation Monitoring and/or Reporting Program and Conditions Compliance Matrix in accordance with Section 21081.6 of the California Public Resources Code and Section 15097 of Title 14, Chapter 3 of the California Code of Regulations. This agreement shall cover monitoring the Project's Mitigation Measures and Conditions of Approval as provided in the Mitigation Monitoring and/or Reporting Program and Conditions Compliance Matrix, and the Applicant shall pay all costs associated with the Consultant costs and Mitigation Monitoring. 10 The Applicant shall enter into an agreement with the County of Fresno to compensate for County staffs time to review and administer any materials related to Mitigation Monitoring and/or Reporting, including those prepared by the Third Party Monitor. 11.Prior to initiating construction, the Applicant shall be required to contact Underground Service Alert (811) to allow Westlands Water District staff to locate and mark its facilities prior to commencement of grading or construction activities. 12.* The Applicant shall enter into an agreement indemnifying the County for all legal costs associated with its approval of UCUPS 3550-3553, and 3570 and provide a bond in the amount of $150,000.00 as security for any such legal costs incurred by the County. 13.* The Applicant shall enter into a Reclamation Agreement and shall have the property owner execute a limited easement for the County's benefit. .. Conditions of Approval reference required Cond1t1ons for the project. *conditions added by the Board of Supervisors, February 26, 2019. Notes The following Notes reference mandatory requirements of Fresno County or other Agencies and are provided as information to the project Applicant. 1.These Conditional Use Permits will become void, unless there has been substantial development within two years of the effective date of this approval. 2.The Applicant shall comply with all applicable laws and standards, including, but not limited to, those governing the use, storage, and disposal of hazardous materials; worker training and safe work practices; air quality (such as the San Joaquin Valley Air Pollution Control District's indirectsource rule and fugitive dust regulation), water quality (e.g., local design standards for retention or detention basins to manage storm water runoff), and Energy Storage Systems more generally (see Draft EIR Chapter 2's footnote 6 for details). Similarly, site preparation and construction activities would be performed in accordance with an SWPPP, or similar plan that incorporates storm water BMPs to reduce the adverse effects of erosion and sedimentation and herbicide would be aoolied bv oualified personnel followinc::i product label instructions and aoolicable rec::iulations . . 14 I Notes 3.Prior to occupancy, the Applicant shall complete and submit either a Hazardous Materials Business Plan or a Business Plan Exemption form to the Fresno County Department of Public Health, Environmental Health Division. Contact the Certified Unified Program Agency at {559) 445-3271 for more information. 4.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. 5.A storm water pollution prevention plan (SWPPP) shall be submitted to the U.S. Environmental Protection Agency and administered by the California State Regional Water Quality Control Board. 6.Because the proposed project includes land disturbances of more than five acres, the Applicant will be required to obtain a National Pollution Discharge Elimination System (NPDES) General Construction Storm Water Permit from the Regional Water Quality Control Board. 7.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. 8.The following project notes relate to improvements of the private drives and parking areas:-An Encroachment Permit will be required for any improvements within the County right-of-way prior to commencement of construction.-The driveway should be a minimum of 24 feet and a maximum of 35 feet in width as approved by the Road Maintenance and Operations Division.-If only the driveway is to be paved, the first 100 feet off of the edge of the ultimate right-of-way shall be concrete or asphalt.-Any proposed gate that provides initial access to this site shall be set back from the edge of the road right-of-way a minimum of 20 feet or the length of the longest vehicle to enter the site, whichever is greater.-A dust palliative shall be required on all parking and circulation areas. 9.Any proposed septic system shall adhere to the California Plumbing Code and the Fresno Local Agency Management Plan (LAMP). 10.The Applicant shall comply with the Westlands Water District Backflow Prevention Guidelines. 11.A dust palliative shall be required on all parking and circulation areas. CMM:ksn G:\4360Devs&Pln\PROJSEC\PROJDOCS\Environmental\EIR - EIS\7225 Little Bear (First Solar)\8OS\CUP 3550-53 and 3577 MMRP (80S).docx 15 THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE UNINCORPORATED AREA IN COUNTY OF FRESNO, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS: Parcel I: APN: 019-110-03ST The South half of Section 14, Township 14 South, Range 14 East, Mount Diablo Base and Meridian, according to the Official Plat thereof. End of Description.