HomeMy WebLinkAbout32099AGREEMENT NO.15-222
MITIGATION MONITORING REIMBURSEMENT AGREEMENT
REGARDING:COUNTY STAFF TIME
FOR: RE TRANQUILLITY LLC SOLAR PROJECT
CUP 3451
IN ACCORDANCE with California PublicResources CodeSection 21081.6 and Section 15097ofTitle14ofthe California
Code of Regulations,which require a mitigation monitoring program,this reimbursement agreement ("Agreement")is
entered into onthe lastdate signed below ("Effective Date")between the County of Fresno,a political subdivision ofthe
State of California,acting through its Department of Public Works &Planning,Development Services Division ("County"),
and RE Tranquillity LLC ("Developer"),a developer ofa portion ofthe Tranquillity Solar Generation Facility ("Project")
upon the followingfacts and circumstances:
RECITALS
A.On October9,2014,pursuantto County Resolution No.12466,subjectto 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").The Monitoring Plan is attached hereto as Exhibit Band incorporated herein by reference.This
agreement is for CUP 3451 and the Developer will be responsible for the portion ofthe Project described under CUP No.
3451.The Commission approved a Reclamation Plan asa component ofthe CUP forthe Project on October 9,2014.
B.The Developer will be constructing the portion ofthe Project described under CUP NO.3451 consisting
ofthe construction and operation ofasolar PV power plant capable of generating upto 200 MW and including upto 200
MW of energy storage capacity in unincorporated western Fresno County.Exhibit A reflects the legal description ofthe
land in question.
C.Reviewing and administering materials related to the Monitoring Plan will require the County to incur
various costs and expenses,including staff time.
D.Condition of Approval No.2for CUP 3451 requires the Developer toenter into an agreement with the
County to provide funding to compensate for County staff time in reviewing and administering any materials related to
the Monitoring Plan.
E.Condition of Approval No.1 for CUP 3451 requires Developer to compensate the County to hire
a firm to serve asa Third Party Administrator (as defined below)to administer completion ofthe Conditions of Approval
and Mitigation Measures listedinthe Monitoring Plan.
AGREEMENT
NOW,THEREFORE,in consideration ofthe foregoing recitals and for good and valuable consideration,the receipt and
adequacy ofwhich are hereby acknowledged,the Developer and the County (collectively "Parties,"individually "Party")
agree as follows:
1.SCOPE OF AGREEMENT.As requiredby Condition of Approval 2for CUP No.3451,the Developer agrees
to enter into this Agreement with the County to provide funding to compensate for County staff time in reviewing and
administering any materials related to the Monitoring Plan, including those prepared by the Third Party Administrator of
the Monitoring Plan,for the portion of the Project described under CUP No.3451.In all materials submitted for
purposes of showing or seeking compliance with Monitoring Plan,the Developer shall clearly delineate that compliance
with the Monitoring Plan is being shown or sought for the portion of the project described under CUPNo.3451.As
required by Condition of Approval 1 for CUP 3451,the Developer shall also reimburse the County for costs incurred by
the County in compensating a third party contractor to serve as the Third Party Administrator ("Third Party
Administrator")to monitor Developer's compliance with the Conditions of Approval and Mitigation Measures listed in
the Monitoring Plan.
2.REIMBURSEMENT OBLIGATION.Developer shall reimburse the County for all reasonable costs incurred
by the County in connection with staff time spent reviewing and administering any materials related to the elements of
the Monitoring Plan that are applicable to the portion of the Project described under CUP No.3451,including those
costs incurred to compensate the Third Party Administrator ("Eligible Costs").As used herein,"Third Party
Administrator"means any consultant,contractor,or other third party whose work-product gives rise to a cost for
the County,or who is hired by the Third Party Administrator,in connection with implementation of the Monitoring
Plan.County staff time will be billed per the master schedule of fee rates for actual hours worked per job classification
attached hereto as Exhibit C.Third Party Administrator costs will be billed in accordance with a the consultant
agreement and subject to a not-to-exceed maximum of $77,000.unless mutually agreed to by the Developer and the
Planning Director.
3.PAYMENTOF ELIGIBLE COSTS.The County shall submit to Developer a copy of each invoice,bill,or other
evidence or reasonable substantiation that the County has incurred Eligible Costs ("Invoice").Each such Invoice shall be
paid infull by Developer,without deduction or offset,within forty-five (45)calendar days of the date of receipt of the
Invoice. IfInvoices are not paid in full by Developer within 45 calendar days of receipt of the Invoice,then work on the
project site for such Developer's phase of the Project shall stop immediately,until such time as when the Invoiceisfully
paid.
4. WAIVERS.Waiver of a breach or default under this Agreement shall not constitute a continuing waiver
or a waiver of a subsequent breach of the same or any other provision of this Agreement.
5.SEVERABILITY.Ifa court of competent jurisdiction finds that any provision of this Agreement is invalid
or unenforceable,such determination shall not affect the validity and enforceability of any other provision of this
Agreement.
6.INTERPRETATION.The titles to the sections of this Agreement are for convenience only and shall have
no effect upon the construction or interpretation of any part of this Agreement.
7.ENTIRE AGREEMENT.This Agreement constitutes the entire agreement of the Parties with respect to
the matters set forth herein.This Agreement may be amended only by a written document signed by both Parties.
8.JURISDICTION.This Agreement shall be administered and interpreted under the laws of the State of
California without regard to its choice of law rules.Jurisdiction and venue of litigation arising from this Agreement shall
be in the County of Fresno,State of California.
9.NOTICES.Notices required by this Agreement shall be personally delivered,mailed,postage prepaid,or
mailed via nationally-recognized overnight courier as follows:
To the Developer:
RE Tranquillity LLC
300 California St,7th Floor
San Francisco,CA 94104
To the County:
Mr.Alan Weaver
Director of Public Works and Planning
Fresno County
2220 Tulare Street,Sixth Floor
Fresno,CA 93721
With a copy to:
County Counsel
2220 Tulare Street,Fifth Floor
Fresno,CA 93721
10. ASSIGNMENT OF CLAIMS. To the extent the County determines that it may have claims against the
Third Party Administrator in connection with the implementation of the Monitoring Plan,the County may, upon
written request by the Developer,assign such claims to Developer.As used herein,"claims"means any and all claims,
potential claims,causes of action, and potential causes of action for breach of contract and/or professional
negligence,regardless of whether such claims or causes of action accrue prior to or after the effective date of this
Agreement.
11.COUNTERPARTS.This Agreement may be signed in counterparts,and shall be deemed effective when
all Parties have signed the Agreement,or any counterpart thereof.
[SIGNATURE PAGE FOLLOWS]
IN WITNESS WHEREOF,the Parties hereto have executed this Agreement as of the date first above written.
FORJHE COUNTY
YSWJti U.YmkxAAAh}Date:(?/Z/lS
Name:Deborah A.Poochigian
Title:Chairman
^Mj^tUWI,Q^pJ^Date:(p [£jlf~"
Name:Bernice E.Seidel
Title:Clerk
/£&'££/<U»~sK_^Date:tf/vp/ff
Name:Alan Weaver
TitleHDirectOKof Public Works and Planning
l)M Da,e:HI^Ik
Name:Daniel C.Cederborg
Title:County Counsel A
:itL^L^-Date:^//>//V
Name:Vicki Crow,C.P.A.
Title:Auditor
DEVELOPER
RE TRANQUILLITY LLC
~ Date: 4/.;l..f> {I '7
Name: Mitchell Randall
Title: Vice President
EXHIBIT A
Legal Description
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, County of Fresno, State of California, described as follows:
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 corner of said Section
35,
2. North 88°49'07" West, a distance of 2646.17 feet to the northwest corner of said 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 corner of said
Section 1,
2. South 01 °01'15" West, a distance of 2645.24 feet to the southwest corner of said
Section 1 and
3. South 89°00'02" East, a distance of 2647.33 feet to the south quarter corner 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 corner of
said Section 1; thence South 89°01'27" East, along the northerly line of the southeast quarter of
said Section 1, a distance of 2574.87 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 of 939.34 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 of 01 °49'26", an arc length of 510.92 feet and a chord bearing
North Or50'35" East, a distance of 510.90 feet,
3. North Or45'18" East, a distance of 698.09 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 Or05'48" 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 of 83.06 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 of 82.74 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 corner 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 corner of said Section 25; thence South 01 °19'22" West, along the
westerly line of said Section 25, a distance of 2649.50 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 of Fresno, State of California, described as follows:
Commencing at the northeast corner 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 corner of said Section
35; thence South or14'30" 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 corner
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 ofthe 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.
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 (th~ 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 permit 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 D in the Final EIR has been updated to incorporate
conditions of approval adopted by the County Board of Supervisors. This MMRP/COA
supersedes Final EIR Appendi.x 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 aU 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 entzy 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 wil 1. 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 wiii 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.
Environmental Impact MITIGATION MEASURES TABLE 1 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 fo< r;: Verifying Compliance :imlng ------,....,..,.--....,..----.,---.,.------....,..--------------:-----....,..-----:----------·····-·"·-·---------Aesthetics -----~··-··"'-.. Impact 4.2·1: The Solar Mitigation Measure 4.2-1: The Solar Facility operator, to the extent commercially feasible, shall Applicants and/or their Fresno County During Solar Facility would substantially underground electrical collection systems to reduce the random tall vertical lines created by designees to Department of Public Facility degrade. the existing visual electrical poles. implement measure as Works and Planning, construction. character and quality of the defined. Development Services site and its surroundings. Division, and/or its designee Mitigation Measure 4.2-2: The Solar Facility operator shall clear debris from the Project area at Applicants and/or their Fresno County During Solar feast four times per year; this can be in conjunction with regular panel washing and site designees to Department of Public Facility maintenance activities. implement measure as Works and Planning, construction and defined. Development Services operation. Division, and/or its designee Mitigation Measure 4.2-3: The Solar Facility operator. shall apply appropriate treatments to Applicants and/or their Fresno County During Solar structures, as approved by the Fresno County Public Works and Planning Department. Solar designees to Department of Public Facility · Facility structures include buildings, electrical enclosures, and inverters. Paints having little or no implement measure as Works and Planning, construction and, reflectivity shall be used whenever possible. Grouped structures shall be painted the same color to defined. Development Services as necessary, reduce visual complexity and color contrast. The choice of color treatments shall be based on the Division, and/or its during operation. appearance at typical viewing distances and consider the entire landscape around the proposed designee development as it would be viewed from publically 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 contrast created by exposed metal and untreated inverters are shown on Figure 4.2-20. Mitigation Measure 4.2-4: Prior to the commencement of operations, the Solar Facility operator Applicants and/or their Fresno County Prior to the shall submit a landscape revegetation plan for the Solar Facility site. The plan shall include th!3 designees to Department of Public commencement of requirement that a native seed mix shall be spread under the solar panels as needed to establish implement measure as Works and Planning, operation. ground cover. The seed mix shall be determined through consultation with local experts and shall defined. Development Services be approved by the Fresno County Public Works and Planning Department prior to planting. The Division, and/or its plan must include a timellne for seeding the Project site, and limitations on guarantee of designee revegetation success should be considered due to the lack of irrigation available on the Project site. 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 During Solar Facility could create a new illumination needed to achieve safety and security objectives. All lighting shall be directed designees to Department of Public Facility 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. Development Services operation. day and nighttime views In . Division, and/or its the area. 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) Att:.Quanty Impact 4.4-1: The Solar Mitigation Measure 4.4-1a: Solar Facility Fugitive Dust Control Measures. Applicants and/or their Facility would violate an air Prior to grading on site, the Applicants shall submit a Solar Facility Fugitive Dust Control Plan to designees to quality standard or the SJVAPCD for review and approval. The Fugitive Dust Control Plan shall be applicable to only implement measure as contribute substantially to the construction and decommissioning phases and shall meet the requirements in Table 8021-1 defined. an existing or projected air and incorporate the Regulation VIII recommended fugitive dust control measures to reduce PMto quality violation. emissions to the extent practical, Including but not limited to: • 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 tral')sported 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 carryoul and trackout. • 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 construction areas. • Suspend excavation and grading activity if dust plumes of 20 percent or greater opacity impact public roads, occupied structures, or off-site property. -------------------------~-----------~--~-----~-'-Responsible for Verifying Compliance Timing --Fresno County Prior to grading Department of Public activities. Works and Planning, Development Services Division, andfor its designee
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 Responsible for I Responsible for I Implementing Actions Verifying Compliance Timing MITIGATION MEASURES {cont) A!flluaitt)t,(co~t) :: ~ · ·· ·-· -~, -· . • -, .. ,..._,...-;....;....;..;..,.,;;_.:.._.;.;.....;:;...;..,.,;;..;...-"--------...;....;.;..;......;;._..;...;.....;....;..;..,.,;_:...;...;... _ __;. ____ _..;.._.;__.....;. ___ ;_...,-.-----·-----.-----------~----------··--·--Impact 4.4-1 (cont.) • -After active clearing, grading, and earth moving is completed within any portion of the site, the following dust control practices shall be implemented: -Once initial leveling and vegetation removal has been completed within a given area, that portion of the site shall be Immediately treated with a dust suppressant (water or palliative). -Dependent on specific site conditions {season and wind conditions), revegetation shall occur in those areas where planned as soon as practical. -All unpaved road areas shall be treated with a dust suppressant or graveled as soon as possible to prevent excessive dust. Mitigation Measure 4.4-1b: Solar Facility Construction/Decommissioning Equipment 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 manufacturers' specifications. Equipment maintenance records and equipment design specification data sheets shall be kept onsite during construction. • Electricity from power poles shall be used whenever practicable instead of temporary diesel or gasoline powered generators to reduce the associated emissions. • 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 wlll 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 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 Planning Department within 24 hours of the first training session. Multiple training sessions may be 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 ail employees who attended the training session. Applicants and/or their designees to implement measure as defined. 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 Fresno County Department of Public Works and Planning, Development Services Division, and/or its designee During 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 --MITIGATION MEASURES (conl) Alr'Oualli:Y '(con£}+ · -. lmpact4.4-1 (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 th!iit 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. Impact 4.4-2: The Solar Implementation of Mitigation Measures 4.4·1a, 4.4-1b, and 4.4-1c. Applicants and/or their Facility would result in a designees to cumulatively considerable net implement measure as increase of any criteria defined. pollutant for which the project region is in non-attainment under applicable federal and state a~bient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors). Impact 4.4-3: The Solar Implementation of Mitigation Measure 4.4-1a, 4.4-1b, and 4.4·1c. · Applicants and/or their Facility would expose designees to sensitive receptors to implement measure as substantial pollutant defined. concentrations. Impact 4.4-4: Solar Facility Implementation of Mitigation Measure 4.4-1a and 4.4-1c. Applicants and/or their construction and designees to decommissioning activities Implement measure as could potentially expose defined. local sensitive receptors and San Joaquin klt fox, a federally-and state-listed species, to Coccidioides Responsible for Verifying Compliance Timing ---Fresno County Prior to and during Department of Public construction. Works and Planning, Development Services Division, and/or its designee Fresno County Prior to and during Department of Public construction. Works and Planning, Development Services Division, and/or its designee Fresno County Prior to grading Department of Public activities. Works and Planning, Development Services Division, and/or its designee
Environmental Impact immitls 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 MITIGATION MEASURES (cont.) Blologleai Resouicu -_, .. , . Impact 4.5·1: The Project Mitigation Measure 4.5·1a: Preconstruction San Joaquin kit fox Surveys. Applicants and/or their could have a substantial Preconstruction surveys shall be conducted by a qualified biologist for the presence of San Joaquin designees to adverse direct or indirect kit fox dens within 14 days prior to commencement of construction activities. The surveys shall be implement measure as impact on San Joaquin kit conducted in areas of suitable habitat for San Joaquin kit fox. Surveys need not be conducted for all defined. fox. areas of suitable habitat at one time; they may be phased so that surveys occur within 14 days prior to that portion of the Solar Facility site is disturbed. Surveys shall utilize the U.S. Fish and Wildlife Service (1999a) San Joaquin Kit Fox Survey Protocol for the Northern Range. 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 detennined 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 following minimum buffer distances shall be established prior to construction activities: • San Joaquin kit fox potential den: 50 feet. • San Joaquin kit fox active den: 100 feet. • 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: • lfthe 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 detennines 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 detennlnes 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. Mitigation Measure 4.5-1 b: Solar Facility Construction Worker Environmental Awareness Applicants andfor their Program. designees to Prior to the issuance of grading or building permits and for the duration of construction activities, implement measure as within one week of employment all new construction workers at the Project site shall attend a defined. Construction Worker Environmental Awareness Program, developed and presented by the Lead Biologist (a pre-recorded video presentation will suffice). Any employee responsible for the operation and maintenance or decommissioning of the completed facilities shall also attend/watch the Construction Worker Environmental Awareness Program. The program shall include infonnation on the life historv of the San Joaquin kit fox and shall also describe other special· -----------------Responsible for Verifying Compliance Timing ·-Fresno County 14 days prior to Department of Public commencement of Works and Planning, construction Development Services activities. Division, and/or its designee Fresno County Prior to Department of Public construction. Works and Planning, Development Services Division, and/or its designee
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 status wildlife species that may occur on-site, including burrowing owl and Swalnson's hawk. MITIGATION MEASURES (cont.) 8Jotogi<:.aFResoti~¢~s (c<lntr : \ ~ ·.' : : ~· ·. . .· ...•... Responsible for Verifying Compliance Timing -~ Impact 4.5-1 (cont.) I The program shall also discuss each species' legal protection status, the definition of "take" under I -,--------···· 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 PublicWorks 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. • 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 structures shall be installed immediately to allow escape. If a listed species is trapped, the 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, operation and maintenance.
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 USFWS and/or CDFW shall be contacted immediately. -MITIGATION MEASURES (cont) Biological :Resour~esjcontJ · .• .. : ,. lmpact4.5-1 (cont.) • 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._ The Lead Biologist shall have the appropriate state or federal permits 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 without prior consultation with, and approval from, the applicable resource agencies. • No vehicle or equipment parked on the Solar Facility sites shall be moved prior to inspecting the ground beneath the vehicle or equipment for the presence of wildlife. If present, the animal shall be left to move on its own. • 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. • A speed limit of 20 miles per hour shall be enforced within all Solar Facility areas during construction. • 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 (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 Facllity 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. Impact 4.5-3: The Solar Implementation of Mitigation Measures 4.5-1 b through 4.5·1 c. Applicants and/or their Facility could have a Mitigation Measure 4.5-3a: Preconstruction Burrowing Owl Surveys. designees to substantial adverse direct or Prior to the initiation of equipment staging or ground-disturbing activities, biological surveys shalt. implement measure as Indirect, non-collision-defined. related Impact on burrowing be performed within 14 days of such activities to ensure that burrowing owls are not Impacted by construction activities. Given the large size of the construction site, multiple or ongoing burrowing owl, Swainson's hawk, and owl surveys may be required during successive phases of the Project (e.g., between successive other raptors. construction in dlffer.ent_l!_re~.__'[o_Qr()tect burrowing owfs_._!be following conditions shall be r:net _ ·-·-Responsible for Verifying Compliance Timing ·-· Fresno County 14 days prior to the Department of Public initiation of Works and Planning, equipment staging Development Services or ground-Division, and/or its disturbing designee 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 prior to construction within each successive work area: MITIGATION MEASURES (cont) Responsible for Verifying Compliance Timing -------~----" I Blologlc~t R~~(;'urc:e·$,:(¢onL). . . , , .. . . .. Impact 4.5-3 (cont.) • A qualified wildlife biologist (i.e., a wildlife biologist with previous burrowing owl survey experience) shalf 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 COFW (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 tci 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 preconstructlon 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 be approved by CDFW. If the Project is located within the service area of a CDFW·approved burrowin_g_ owl conservation bank, the Project proponent may purchase available burrowing owl
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 conservation bank credits in lieu of placing off-site habitat into a conservation easement. MITIGATION MEASURES (cont.) Blologlc~I'Resources.(cont) .. Impact 4.5-3 (cont.) Impact 4.5-4: The Project could have a substantial adverse direct or indirect, non-collision-related impact on nesting and migratory birds. Impact 4.5·5: The Project could have a substantial adverse impact to special status and migratory birds related to the introduction of potential collision hazards. .. Mitigation Measure 4.5-3b: 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 preconstructlon 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 r~ptors; 0.5 mile for Swalnson's hawk; 100 feet for passerlnes) 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 Swainson's hawk must be authorized by the CDFW. Implementation of Mitigation Measures 4.5-3a and 4.5-3b. Mitigation Measure 4.5·5a Compliance with the Avian Power Line Interaction Committee's (APLIC) guidance, Reducing Avian Collisions with Power Lines: State of the Art in 2012 (APLIC, 2012). Transmission lines and all electrical components shall be designed, installed, and maintained in accordance with APLIC (2012) guidance to reduce the likelihood of large bird electrocutions and collisions. Compliance with APLIC standards would reduce the potential impact of collisions and electrocutions with power line structures to a Jess than significant level. Applicants and/or their designees to implement measure as defined. Applicants and/or their designees to implement measure as defined. Applicants and/or their designees to implement measure as defined. 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 Fresno County Department of Public Works and Planning, Development Services Division, and/or its designee Timing During construction activities. Prior to and during construction. During installation of transmission lines and all electrical components.
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 Timing MITIGATION MEASURES (cont) . ·-·----BiOJogi.caiJt~sotirc~S: (ce>nf.) · · · · ____ ,_ lmpact4.5-5 (cont.) Mitigation Measure 4.5·5b: Collision Reduction Strategy. Applicants and/or their Fresno County During The Applicant shall implement the following measures to reduce the risk of bird collisions with PV designees to Department of Public construction. panels. implement measure as Works and Planning, defined. Development Services • Installation of visual deterrents or cues to encourage bird avoidance of the Project site. These Division, and/or its deterrents will be made of a material that is both reflective and highly visible, such. that the designee 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 ' Jnitia13-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 Guidelines §15364) or ineffective by the Project owner in consultation with CDFW and the County. • Panels shall include, if feasible, a light-colored, UV-reflective, or otherwise non-polarizing outline, frame, grid, or border, which has been shown to substantially reduce panel attractiveness to aquatic insects (Horvath, 2010) and may reduce avian mortality by avoiding collisions with panel faces (NFL, 2014). Impact 4.5-7: The Solar Implementation of Mitigation Measures 4.5-1a through 4.5-1 c and 4.5·3a and 4.5-3b. Applicants and/or their Fresno County Prior to and during Facility could. conflict with designees to Department of Public construction. local policies protecting implement measure as Works and Planning, biological resources. defined. Development Services Division, and/or its designee Impact 4.5-8: The Project Mitigation Measure 4.5-8: Off-site Avian Predation Reduction. Applicants and/or their Fresno County During Solar could cause a cumulatively The Project Owner shall partner with CDFW, the Rabies and Animal Control Program of the designees to Department of Public Facility operation considerable contribution to Environmental Health Division in Fresno County, and/or a similar program to fund existing feral cat implement measure as Works and Planning, a significant cumulative control pr.ograms to be targeted within 10 miles of the Mendota Wildlife Area. The first project defined. Development Services effect to migratory birds owner to be Issued a notice to proceed shall fund the program In the amount of $25,000 within 6 Division, and/or its related to the introduction of months of the notice to proceed. The obligation set forth in this measure shall not apply to the designee potential collision hazards. PG&E Switching Station. --~.-~
-TABLE 1 (Continued) MITIGATION MONITORING AND CONDITION COMPLIANCE PROGRAM UNCLASSIFIED CONDITIONAL USE PERMIT NOS. 3451, 34~2, 3453, 3454, 3455, 3456, 3457, AND 3458 Responsible for Environmental Impact EIR Mitigation Measures/ Conditions of Approval Implementing Actions --------··· MITIGATION MEASURES (cont.) Cl!lt'un!r•.~ni(PalfJ<>~totoglcal R~~ource$" -· Responsible for Verifying Compliance Timing Impact 4.6-1: ·The Solar Mitigation Measure 4.6-1: The Project proponent shall retain a qualified archaeologist, defined as Applicants and/or their Fresno County rp;ior t~ and du~i;;--Facility could cause a an archaeologist meeting the Secretary of the Interior's Standards for professional archaeology, to designees to Department of Public I ~~nstruction. substantial adve.rse change carry out all mitigation measures related to archaeological and historical resources. implement measure as Works and Planning, in the_significance of a . Prior to the start of any ground disturbing activities, the Project owner shall ensure that the defined. Development S~rvices hlstoncal or archaeol?glcal qualified archaeologist has conducted a Cultural Resources Awareness Training for all Dlvi~ion, and/or 1ts resource, ~s ~efined '"· construction personnel working on the Project. The training shall include an overview of potential des1gnee CEQA GUJdehnes Sect1on cultural resources that could be encountered during ground disturbing activities to facilitate worker 15064.4. 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. 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 4.6-2: 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.avolded, the qualified archaeologist shall develop additional treatment measures in consultation with the County, which may include data recovery or other appropriate measures. The County shall consult with aP.propriate 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. Mitigation Measure 4.6-3: The Project proponent shall retain a qualified paleontologist to carry 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 by Mitigation Measure 4.6-1, The training shall include an overview of potential paleontological resources that could be encountered during ground disturbing activities to facilitate worker recognition, avoidance, and subsequent immediate notification to the qualified paleontologist for further evaluation and action, as appropriate: and penalties for unauthorized collecting or Intentional disturbance of paleontological resources. A sign-in sheet shall be completed and retained to demonstrate attendance at the awareness training. Applicants and/or their designees to implement measure as defined. 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 Fresno County Department of Public Works and Planning, Development Services Division, and/or its designee During construction. Prior to and 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 Environmental Impact EIR Mitigation Measures/ Conditions of Approval MITIGATION MEASURES (cont.) cultu~i:aria par~:OtOfo91.cat~~~o~~.rties <t.~fltt . . ..· .. · .· . · : Responsible for I Responsible for r---lmplementing Actions Verifying Compliance 1 Timing Impact 4.6-2 (cont.) Mitigation Measure 4.6-4: If a paleontological resource is found, the Project contractor shall -----Applicants and/or their Fresno County Department of Public Works and· Planning, Development Services Division, and/or its designee During construction. Impact 4.6·3: The Project could disturb any human remains, including those Interred outside of formal cemeteries. cease ground-disturbing activHies Within 50 feet of the find. The qualified paleontologist shall evaluate the significance of the resources and recommend appropriate treatment measures. At each fossil focanty, 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 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 ancf/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, ~ntact 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. designees to Implement measure as defined. 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. Gre~~tio~~ir·Ga!i'Em!S.~i~n$/:'·: '. :. · :, ·: .. __ .. __ . Impact 4.9-2: The Solar Facility could conflict with CARS's Climate Change Seeping Plan. Mitigation Measure 4.9-2: The Applicant shall utilize hermetically sealed circuit breakers and gas insulated switchgear for all SFe-containing equipment associated with the Project. l;iaZJirdaa.ntt•·l'f~r~~us.M~t~tiai!!·· Impact 4.1 0·1: The Solar Facility could create a significant hazard to the public or the environment through the routine transport, use, or disposal Mitigation Measure 4.10·1: Broken PV Module Detection and Handling Plan. If PV panels containing CdTe are used, the Applicant shall prepare and Implement a Broken PV ·Module Detection and Handling Plan. The plan shall describe the Applicant's plan for identifying, handling and disposing of PV modules that may break, chip, or crack at some point during the Project's life cycle to ensure the safe handling, storage, transport, and recycling and/or disposal of the modules and related electrical components In a manner that is compliant with applicable Jaw Applicants and/or their designees to implement measure as defined. Applicants and/or their designees to implement measure as defined. Fresno County Department of Public Works and Planning, Development Services Division, and/or its designee During installation and operation. ,-----------.-----,·----Fresno County Department of Public Works and Planning, Development Services Division, and/or its designee During Solar Facility operation.
TABLE 1 (Continued) MITIGATION MONITORING AND CONDITION COMPLIANCE PROGRAM UNCLASSIFIED CONDITIONAL USE PERMIT NOS. 3451, 3452, 3453, 3454, 3455, 3456, 3457, AND 3458 Environmental impact EIR Mitigation Measures/ Conditions of Approval of hazardous materials. and protective of human health and the environment. The plan shall have the following elements: MITIGATION MEASURES (cont.) Hazata$iahd fiazarci~usJJiat~rhiJs:(6ont) ,, -'· -· .,,_, ' > -,. • ·•M• < ~ .. . .. lmpact4.10·1 (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 . .. .. . Hydrol~9y:tfriC!:Waijt;auallty ... _ _ ... .. 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 auali Mitigation Measure 4.11·1: If degraded soli 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. Responsible for Implementing Actions Applicants and/or their designees to Implement measure as defined. Responsible for Verifying Compliance -Fresno County Department of Public Works and Planning, Development Services Division, and/or its designee I Timing --------During construction.
Environmental Impact 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 Responsible for EIR Mitigation Measures/ Conditions of Approval Implementing Actions ------Responsible for Verifying Compliance Timing -
TABLE 1 (ContinUI'!d) 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 MITIGATION MEASURES (cont.) Hyd~o(ogy.MifWa~r.·Quallty (¢ont) · · . . .. · ·' · .... Responsible for Verifying Compliance Timing impact4.11-3: Construction Mitigation Measure 4.11•2: Groundwater Monitoring and Mitigation Plan. Applicants and/or their Fresno County l Prior to an~ operation and Prior to extracting groundwater at the Solar Facility site or from nearby wells, a well survey and ~esignees to Department of Public construction. mal~~enance of the Solar pump test, as well as a Groundwater Monitoring and Mitigation Plan, shall be prepared. The Pian Implement measure as Works and Piannl~g, Facility could substantially is not required if groundwater Is not used for the Solar Facility. These documents shall be defined. D~ve.lopment S~rv1ces deple~e groundwater prepared by a qualified professional geologist, hydrogeologist, or civil engineer registered in the DIVI~Ion, and/or Its supplies .or lnt~rfere State of California. The documents shalf be submitted by the Applicants to the County of Fresno desrgnee substantrally wrth (County) for approval, and to the CVRWQCB and/or other agencies as deemed appropriate by the groundwater recharge such County for review and comment. that there would be a net -. . deficit in aquifer volume or a Well Survey and Pump Test(s): For any ex1st1ng and/or new groundwater well(s) that would be lowering of the local installed and/or used forth~ Project: a pump-test shalf be conducted during the dry season (June groundwater table. through October}. At a minrmum, 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); • The drawdown depth and corresponding stable groundwater elevation; • 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[sJ) 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 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 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 all Power Blocks in the active construction or operational phase. These quarterly data reports shall be prepared and submitted to the County for review and approval, and shall include:
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 ~-· MITIGATION MEASURES (cont.) Hyd(~jogy;a"tiWat~r:/Q~.iiiliy:(tont!):: ." . ---Responsible for Verifying Compliance Timing Impact 4. 11·3 (cont.) !1 .. Daily usage, monthly range, and monthly average of daily water usage in gallons per day; I 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. 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 level; 4. Identification of all sources of water by type (i.e., groundwater, surface water, municipal water) and weiVIocatlon 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. Noise · . "··· . ·-----· lmpact4.14·1: Operation and maintenance of the Solar Facility could result In exposure of persons to noise levels In excess of standards and limits established by Fresno County. Mitigation Measure 4.14-1: Substation Noise Control. The Applicant shall ensure that the combined noise levels associated with the substations do not exceed the Fresno County exterior noise standards or the Fresno County substation noise limit at the on-site residence locations. Noise control techniques may Include, but not be limited to: locating the transformers with as much setback from the existing residential properties as possible, use of noise walls or equivalent sound attenuation devices, and the use of a transformer with special noise control specifications designed in a way to specifically achieve acceptable regulatory noise standards. 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 Solar Facility operation and maintenance.
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 L.____-----~-··-··~· MITIGATION MEASURES (cont.) Nolse;(c~ritr , .. --... Impact 4.14-1 (cont.) Prior to the installation of the substations and associated transfonners, the Applicant shall submit to the County, for review and approval, a plan that describes the specific measures that will be taken in order to comply with the County's noise standards and limits. lmpact4.14·3: Solar Facility Implementation of Mitigation Measure 4.14-1. Applicants and/or their operation and maintenance designees to activities would result in a implement measure as long-tenn Increase in local defined. ambient noise levels. Cumulative Traffic Mitigation Measure 4.18-1: Prior to the issuance of construction or building penn its, the Project Applicants and/or their sponsor and/or Its construction contractor shall: designees to • Prepare and submit a Construction Traffic Control Plan to Fresno County Divisions of Public Works implement measure as and Planning and the Califomla Department of Transportation District 6 office for approval. The defined. Construction Traffic Control Plan must be prepared in accordance with current Caltrans standard plans, and both the California Manual on Unlfonn 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 pennlts 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 repaired and, if necessary_. paved, slurry-sealed, or reconstructed as per requirements of the Responsible for Verifying Compliance Timing ----------·--------Fresno County During Solar Department of Public Facility operation Works and Planning, and maintenance. Development Services Division, and/or its designee Fresno County Prior to Department of Public construction. Works and Planning, 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 state and/or Fresno County. -·--·-·-----~·-~. -MITIGATION MEASURES (cont.) Noise(coritf Cumulative Traffic -Any work for the proposed intersection Improvements on Manning Avenue at the Ohio and (cont.) · 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, lf any. '-Responsible for Verifying Compliance Timing
Environmental Impact CONDITIONS OF APPROVAL Fresno·Courity .-1. Mitigation Monitoring (Reimbursement for Third Party Monitor) 2. Mitigation Monitoring (Reimbursement for Staff Time in Mitigation and Condition of Approval Implementation) 3. Mitigation Monitoring (Indemnification) 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 The Applicant shall enter Into an agreement with the County of Fresno to implement a Mitigation Applicant, in Monitoring and/or Reporting Plan and Condition Compliance Matrix to be administered by a third coordination with party in accordance with Section 21081.6 of the California Public Resources Code and Section Fresno County Dept of 15097 of Title 14, Chapter 3 of the California Code of Regulations. This agreement shall cover Public Works and monitoring the Project's mitigation measures and conditions of approval as provided in the Planning Development Mitigation Monitoring and/or Reporting Plan and Condition Compliance Matrix. Services Division Fees shall be submitted at the time the property owner submits the signed mitigation monitoring agreement. The Applicant shall enter into an agreement with the County of Fresno to provide funding to Applicant, in compensate for County Staff's time in reviewing and administering any materials related to coordination with Mitigation Monitoring and/or Reporting, including those prepared by the third party administrator. Fresno County Dept. of Public Worl<s and Planning Development Services Division a. The Applicant Shall Enter into an Agreement Indemnifying the County for legal Costs Applicant, in Associated with its Approval of Unclassified Conditional Use Permit 3100. The Indemnification coordination with Agreement shall be submitted to the County Department of Public Works and Planning Fresno County Dept. of Development Services Division. Public Worl<s and Planning Development · Services Division b. The Applicant shall implement the r:nitigation measures adopted by the County. c. Development and operation of the use shall be in confonnance with the site plan, elevation 'drawings, operational statement, and Reclamation Plan approved by the Commission. d. Site Plan Review (SPR) approval shall be required to assure compliance with setback Applicant compliance requirements. A merger procedure shall be required to combine all affected parcels into one if: through agency-(i) any PV systems or related equipment or structures would cross over individual property specific application, boundary lines, or if (ii) minimum setback requirements are not met and a variance application permitting, and/or has not been approved. monitoring procedures. -------------------------Responsible for Verifying Compliance Timing ------Within 60 days after project approval or prior to the issuance of grading and building permits, which-ever occurs first. Within 60 days after project approval or prior to the issuance of grading and building permits, which-ever occurs first. The Indemnification Prior to Building Agreement shall be Penn its submitted to the Fresno County Dept. of Public Worl<s and Planning, Development Services Division Fresno County Dept. of Prior to Building Public Worl<s and Permits Planning, Development Services Division Fresno County Dept. of Prior to Building Public Worl<s and Permits Planning, Development Services Division Fresno County Dept of Prior to Building Public Worl<s and Permits Planning, Development Services Division
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 El~ Mitigation Measures/ Conditions of Approval Implementing Actions ~-~----------------------~---------------~----------CONDITIONS OF APPROVAL (cont.) FresnC>· County,(cont) 4. Expiration of Land Use The life of this each land use permit (UCUP Nos. 3451, 3452, 3453, 3454, 3455, 3456, 3457 and Applicant compliance Permits and Reapplication 3458) shall expire upon expiration of the initial life of the solar lease or the 40-year initial life of through agency-each of the projects. If the solar leases are to be extended or the initial life of each project extends specific application, beyond this approval, approval of new land use permits shall be obtained. permitting, and/or monitoring procedures. 5. Site Plan Review A Site Plan Review (SPR) Application shall be submitted for approval by the Director of the Applicant compliance requirements (NOTE: This Department of Public Works and Planning, in accordance with Section 874 of the Fresno County through agency-language can also be Zoning Ordinance prior to the issuance of Building Permits for each approved land use permit specific application, combined with 3d) (UCUP Nos. 3451, 3452, 3453, 3454, 3455, 3456, 3457 and 3458). The SPRs shall be applicable permitting, and/or to those portions of the project site(s) to be Improved with sub-stations, inverters, perimeter access monitoring procedures. 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 Applicant compliance provisions of the "Right-to-Farm" Notice {Ordinance Code Section 17.40.100) shall be entered into through agency-with Fresno County acknowledging the presence of surrounding agricultural operations and their specific application, related activities. permitting, and/or monitoring procedures. 7. Fencing The Applicant shall obtain a permit for fencing in excess of 6 feet high. Applicant compliance through agency-specific application, permitting, and/or monitoring procedures. 8. Easements The Applicant shall obtain private road or access easements. Applicant compliance through agency-specific application, permitting, and/or monitoring procedures. 9. Intersection a. The Applicant shall submit plans to Road Maintenance and Operations Division (RMO) for Applicant, in Improvements on Manning review and approval prior to issuance of any encroachment or road improvement permit for any coordination with Avenue at the Ohio and work for the proposed intersection improvements on Manning Avenue at the Ohio and Fresno County Dept. of Monterey Alignments Monterey alignments. Public Works and b. The Improvements for these new access roads shall be paved with asphalt concrete surfacing Planning Road for a minimum distance of 100 feet from the edge of the County road right of way to help ensure Maintenance and that no sediment track-out is carried onto the County road from construction activities. The Operations Division Responsible for Verifying Compliance Timing ·-· Fresno County Dept. of Ongoing Public Works and Planning, Development Services Division Fresno County Dept. of Prior to Building Public Works and Permits Planning, Development Services Division Fresno County Dept. of Prior to Building Public Works and Permits Planning, Development Services Division Fresno County Dept. of Public Works and Planning, Development Services Division Fresno County Dept. of Prior to Building Public Works and Permits Planning, Development Services Division Fresno County Dept. of Plan submittal Public Works and required prior to Planning, Road Issuance of an Maintenance and encroachment or Operations Division road improvement permit for the proposed work.
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 CONDITIONS OF APPROVAL (cont.) Fresno. County (contl .. .· 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· DepartrnentofJ'ransportaUc>n 10. SR-33 ROW dedication The Applicants for the Power Blocks adjacent to SR-33 [i.e., Power Block 1 (UCUP 3451 ), Power Applicant, in (Power Blocks 1, 5, 6, and Block 5 (UCUP 3455), Power Block 6 (UCUP 3456), and Power Block 8 (UCUP 3458)] shall coordination with 8; UCUPs 3451, 3455, dedicate a five-foot right-of-way (ROW) along SR 33 for the future road widening. The distance of Caltrans 3456, and 3458) the appurtenance shall be measured from cente_rline to include the future ROW. Applicant-Proposed 11. Worker Health: Valley a. Limit construction workers' exposure to dust by suspending construction work in affected areas Applicants and/or their Fever during heavy wind events or dust storms. "Affected area" is defined as a portion of the project designees to where visible airborne dust is present. "Heavy wind event• is defined as winds in excess of 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 shall have enclosed, air-conditioned cabs with high efficiency particulate air (HEPA) filters (if reasonably 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 shalf be positioned upwind when possible. d. Construction workers shall be trained on ways to minimize exposure to dust. -----Responsible for Verifying Compliance Caltrans Fresno County Department of Public Works and Planning, Development Services Division, and/or its designee Timing Secure1 and thir ·eement rty contrac elected County: prior to constru .if he uired tart of Prior to receipt of a final certificate of occupancy for each Power Block/UCUP ~---·---.~---------Prior to ground disturbance activities.
Envlronmen~l 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 NOTt:S!'The followh'ig:Notes-referen·ce man~atory requirements .of Fresno County or. other Agencle.s and are ·provided as Information to the Project Applicant. 1. This Use Permit will become void, unless there has been substantial development within two years of the effective date of this approval 2. 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 Community Health, Environmental Health Division. Contact the Certified Unified Program Agency 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. A storm water pollution prevention plan shall. be submitted to the U.S. Environmental Protection Agency and administered by the California State Regional Water Quality Control Board. 5. 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 (NPOES) General Construction Storm WaterPermit from the Regional Water Quality Control Board. 6. 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~lssued Oust Control Plan and Authority to Construct (ATC). The Applicant shall consider entering into a voluntary emission reduction agreement (VERA) with the District. Responsible for Verifying Compliance Timing
EXHIBIT C
MASTER SCHEDULE OF FEES, CHARGES, AND RECOVERED COSTS
SECTION 2200 --PUBLIC WORKS
FEE SETTING YEAR EFFECTIVE %OF
FEE DESCRIPTION FEE AMOUNT AUTHORITY ADOPTED DATE COST REFERENCE
2201. Inspection Services
a. Encroachment Inspection Fees
1. Plan Review $640.00 per set Board of Supervisors 2007-08 07/05/07 100% Ord. #07-024
of plans
2. Plow-in" Excavation for Board of Supervisors 2007-08 07/05/07 100% Ord. #07-024
Installation of Underground
Facilities Located Off
Pavement Area
a) Less than 1,001 Linear Ft. $125.00 each
b) Above 1,000 Linear Ft. $125.00 each+ $2.38+/100
linear ft. over 1 00
3. Trench type" Excavation for Board of Supervisors 2007-08 07/05/07 100% Ord. #07-024
Pipelines, Duct Systems,
Cables Located Off Pvmt. Area
a) Less than or equal to 100 Linear Ft. $125.00 each
b) Above 100 Linear Ft. $125.00 + $.21 linear ft.
over 100
4. All Excavations Within Board of Supervisors 2007-08 07/05/07 100% Ord. #07-024
Pavement Area
a) Less than or equal to 100 Linear Ft. $125.00 each
b) Above 100 Linear Ft. $125.00 + $.77 linear ft.
over100
5. Excavation for Irrigation $125.00 per road crossing Board of Supervisors 2007-08 07/05/07 100% Ord. #07-024
Pipeline crossing County Road
6. Excavation for Sewer House & Water $125.00 per lateral Board of Supervisors 2007-08 07/05/07 100% Ord. #07-024
Laterals in Pavement Area
7. Tree Removal Permit $0.00 Board of Supervisors 2007-08 07/05/07 100% Ord. #07-024
8. Block Party $0.00 Board of Supervisors 2007-08 07/05/07 100% Ord. #07-024
9. Geophysical Survey $111.00 per application Board of Supervisors 2007-08 07/05/07 100% Ord. #07-024
10 Parades $77.00 per application Board of Supervisors 2007-08 07/05/07 100% Ord. #07-024
11 Traffic Control System $95.00 per permit Board of Supervisors 2007-08 07/05/07 100% Ord. #07-024
plus $25.00 per calendar
day of detour/closure
B. Snow Removal Permits
1. Shaver Area $537.00 per year
2. Tamarack Area $537.00 per year
3. Huntington Area $537.00 per year
4. Hume Area $537.00 per year
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MASTER SCHEDULE OF FEES, CHARGES, AND RECOVERED COSTS
SECTION 2200 •• PUBLIC WORKS
FEESETIING YEAR EFFECTIVE %OF
FEE DESCRIPTION FEE AMOUNT AUTHORITY ADOPTED DATE COST REFERENCE
C. Transportation Permits-Extra Legal Load
1. Blanket Permit $27.00 per year
2. Special Trips $16.00 per trip
3. Variance $24.00 per trip
4. Holder of Annual Permit $6.00 per trip
(CONTINUED)
2203. County Surveyor Services
A. Road--Abandonments (On-System, Board of Supervisors 2007-08 07/05/07 100% Ord. #07-024
Maintained Roads)
1. Feasibility Study $300.00
2. General Vacation $2,720.00
3. Summary Vacation $1,559.00
B. Road--Abandonments (Off-System,
Non-Maintained Roads)
1. Feasibility Study $300.00
2. General Vacation $2,720.00
3. Summary Vacation $1,559.00
2204. Road Improvement Permits Board of Supervisors 2007-08 01/01/08 100% Ord. #07-048
A. Improvement Application Fees
1. Plan Review $1,300.00 per set of plans
2. Concrete Curbs/Gutters $275.00 plus
$0.77/linear-foot
3. Sidewalks $10.00 plus
$0.1 05/square-foot
4. Asphalt Concrete {HMA) Approach/ $275.00 plus
Frontage $1.15/square-yard
5. Concrete Approach $275.00 plus
$0.23/square-foot
6. Asphalt Concrete {HMA) Pavement $275.00 plus
$1.15/square-yard
7. Other Rd. lmpvmt. Facilities $275.00 plus
6% of Engineer's Estimate
2205. Miscellaneous Fees Board of Supervisors 2007-08 01/01/08 100% Ord. #07-048
A. Access to Super Arterial Highway
1. Application $1,193.00each
2. Refund--Application Denied/Withdrn. $200.00 each
B. Miscellaneous Permits-Admin. Only $68.00 each
C. Speed Hump Study $320.00 each
D. Labor, Equipment, Material and Penalties
1. Labor, Equipment and Material Actual Cost plus 15%
2. Penalties for unauthorized work Double the Plan Review Fee
Permit Fee & Labor,
Equipment & Material charge
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MASTER SCHEDULE OF FEES, CHARGES, AND RECOVERED COSTS
SECTION 2200 --PUBLIC WORKS
FEE SETTING YEAR EFFECTIVE %OF
FEE DESCRIPTION FEE AMOUNT AUTHORITY ADOPTED DATE COST REFERENCE
E. Extra Encroachment Plan Review $54.00 per review above Board of Supervisors 2007-08 01/01/08 100% Ord. #07-048
first 2 reviews
F. Extra Improvement Plan Review $232.00 per review above
first 2 reviews
G. Permit Re-lnspection {Not Ready) $25.00 each
H. Permit Extra-inspect. {above 2 per permit) $25.00 each
I. Right of Way/Traffic Control Permission Fee $288.00 each Board of Supervisors 2007-08 01/04/2008 100% Ord. # 07-048
2206. Drainage Costs and Fees Local drainage fees required by Chapter 17.64 ofTitle 17 of the Fresno County
Ordinance Code are calculated in accordance with a schedule of per gross acre fees.
The fee applicable to any parcel of land or division shall be the product of the
gross acreage of the parcel or division multiplied by the rate or rates per gross
acre applicable to the land use district, local drainage area and local drainage
area zone within which the parcel or division is located. The per gross acre rates
and estimated total cost of the planned local drainage facilities are set
forth on a separate schedule. Copies of that schedule are kept and maintained
in the offices of the County Public Works Department, County Auditor-Controller/
Treasurer-Tax Collector, and Clerk to the Board of Supervisors.
12207. Capitol Projects
Capital Projects Div. Manager 132.63/hr Board of Supervisors 2011-12 07/05/2012 100% Ord. # 12-009
Architect 110.63/hr
Staff Analyst Ill 84.69/hr
Secetary IV 43.69/hr
Engineering Technician I 52.18/hr
Engineering Technician II 57.64/hr
Sr. Engineering Technician 65.24/hr
Engineer II 71.77/hr
Engineer Ill 79.86/hr
Sr. Engineer 88.35/hr
Supervising Engineer 96.48/hr
Sr. Staff Analyst 69.71/hr
Field Survey Supervisor 64.27/hr
PW Division Engineer 101.01/hr
Chief of Field Survey 84.22/hr
Associate Real Property Agent 60.73/hr
Sr. Real Property Agent 74.04/hr
Capital Projects Div. Manager 139.87/hr Board of Supervisors 2014-15 07/01/2014 100% Ord. # 14-006
Architect 118.61/hr
Staff Analyst Ill 89.65/hr
Secetary Ill 44.39/hr
Secetary IV 44.63/hr
Engineering Technician I 48.28/hr
Engineering Technician II 65.62/hr
Sr. Engineering Technician 74.28/hr
Engineer I 54.33/hr
Engineer II 81.92/hr
Engineer Ill 90.96/hr
Sr. Engineer 102.25/hr
Supervising Engineer 111.74/hr
Staff Analyst II 58.43/hr
Staff Analyst ill-Roads 75.45/hr
Sr. Staff Analyst 82.32/hr
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MASTER SCHEDULE OF FEES, CHARGES, AND RECOVERED COSTS
SECTION 2200 --PUBLIC WORKS
FEE SETTING YEAR EFFECTIVE %OF
FEE DESCRIPTION FEE AMOUNT AUTHORITY ADOPTED DATE COST REFERENCE
Field Survey Supervisor 74.49/hr
PW Division Engineer 122.26/hr
Chief of Field Survey 97.54/hr
Associate Real Property Agent 70.43/hr
12208. Admin Services-Resources
Principal Staff Analyst 70.01/hr Board of Supervisors 2011-12 07/05/2012 100% Ord. # 12-009
Staff Analyst I 44.33/hr
Staff Analyst II 54.35/hr
Staff Analyst Ill 63.10/hr
Office Assistant II 29.51/hr
Office Assistant Ill 35.51/hr
Program Technician I 33.56/hr
Program Technician II 44.56/hr
Resource Manager 98.45/hr
Principal Staff Analyst 87.45/hr Board of Supervisors 2014-15 07/01/2014 100% Ord. # 14-006
Staff Analyst I 49.64/hr
Staff Analyst II 58.57/hr
Staff Analyst Ill 73.01/hr
Office Assistant II 30.69/hr
Office Assistant Ill 40.44/hr
Program Technician I 39.36/hr
Program Technician II 52.34/hr
Engineering Technician I 47.29/hr
Engineering Technician II 63.19/hr
Senior Engineer 101.33/hr
Resource Manager 111.20/hr
12209. Development Services
Planner I 46.43/hr Board of Supervisors 2013-14 11/07/2013 100% Ord. # 13-019
Planner II 58.12/hr
Planner Ill 66.28/hr
Senior Planner 80.52/hr
Principal Planner 87.95/hr
Secretary IV 45.27/hr
Office Assistant I 25.01/hr
Development Services Manager 93.72/hr
Planner I 50.06/hr Board of Supervisors 2014-15 07/01/2014 100% Ord. # 14-006
Planner II 64.55/hr
Planner Ill 75.42/hr
Senior Planner 91.55/hr
Principal Planner 98.63/hr
Secretary IV 49.05/hr
Office Assistant I 26.62/hr
Development Services Manager 109.48/hr
02111/2015 4 of8