HomeMy WebLinkAbout32103AGREEMENT NO.15-223
MITIGATION MONITORING REIMBURSEMENT AGREEMENT
REGARDING:TRAFFIC
FOR: RE TRANQUILLITY LLC SOLAR PROJECT
CUP 3451
IN ACCORDANCE with CaliforniaPublicResources Code Section 21081.6 and Section 15097 of Title 14 of the California
Code of Regulations,which require a mitigation monitoring program,this reimbursement agreement ("Agreement")is
entered intoon the lastdate signed below("Effective Date")between the County of Fresno,a political subdivision of
the State of California,actingthrough 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.OnOctober 9,2014,pursuant to County Resolution No.12466,subject to the conditionslistedtherein,
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 ExhibitB and 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 approveda Reclamation Plan asa componentofthe CUP forthe Project on October 9,2014.
B.The Developer will be constructingthe portion ofthe Projectdescribed under CUP NO.3451 consisting
ofthe construction andoperationofa solar 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.As partofthe EIR for the Project,a Traffic Impact Study was prepared that examines and describes the
potential for traffic and circulation related impacts of the Project.The Traffic Impact Study found that the impacts of the
Project would be less than significant.
D.Mitigation Measure 4.18-1 ofthe Mitigation Monitoring and Reporting Plan requires the Developer to
submita Construction Traffic Control Plan to the Fresno County Division of Public Works and Planning and California
DepartmentofTransportation District 6 Office for approval.
E.Mitigation Measure 4.18-1 ofthe Mitigation Monitoring and Reporting Plan also requires the Developer
to "enter into a secured agreement with Fresno County to ensure that any County roads thatare demonstrably damaged
by project-related activities are promptly repaired and,if necessary,paved,slurry sealed,or reconstructed as per the
requirements ofthe state and/or Fresno County.
AGREEMENT
NOW,THEREFORE,in consideration ofthe foregoing recitals and for good and valuable consideration,the receipt and
adequacy of which are hereby acknowledged,the Developer and the County (collectively "Parties,"individually "Party")
agree as follows:
1.SCOPE OF AGREEMENT.As required by Mitigation Measure4.18-1of CUP No.3451,the Developer
agrees to enter into this Agreement with the County to ensure that any County roads that are demonstrably damaged by
project-related activities are promptly repaired.The type and extent of road repairs required to mitigate the impacts on
the roads shall be mutually agreed upon by the County and Developer prior to performance of the work in accordance
with this Agreement.Pursuant to this Mitigation Measure,Developer shall obtain a video log reflecting conditions before
the portion of the Project approved under CUP No.3451 is built and after construction of this portion of the Project is
complete,to evidence any reasonable repairs necessary for inflicted damage,ifany.
2.REIMBURSEMENT OBLIGATION.Developer shall be responsible for repair of road damages arising from
impacts resulting from the portion of the Project described under CUP No.3451.If Developer does not repair such road
damages,it shall reimburse the County for all reasonable costs incurred by the County in connection with repairs of
County maintained roads that are demonstrably damaged by Developer's activities conducted in connection with CUP
No.3451 ("Eligible Costs").
3.PAYMENT OF ELIGIBLE COSTS.The County shall submit to Developer a copy of each invoice,bill, or other
evidence or reasonable substantiation for which the County has incurred Eligible Costs ("Invoice").Each such Invoice
shall be paid in full by Developer,without deduction or offset,within forty-five (45)calendar days of the date of receipt
of the Invoice.
4.SECURITY.As security for the performance of Developer's obligations under this Agreement,the
Developer shall provide a total cash deposit of $50,000 to the County prior to commencing construction of the portion of
the Project approved under CUP No. 3451 ("Security").In the event that Developer fails to reimburse the County for its
applicable EligibleCosts within forty-five (45)calendar days following receipt of an Invoice,the County shall have the
right to draw on and retain from the Security an amount up to Developer's Invoiced but unpaid EligibleCosts. Upon
completion of the portion of the Project approved under CUP No. 3451,the County shall promptly (within 60 days)
return to Developer any remaining portion of the Security.This Section 4 of the Agreement does not limit Developer's
obligations under Section 3 of this Agreement.
5. 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.
6.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.
7.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.
8.DEVELOPER'S LEGAL AUTHORITY:Each individual executing or attesting this Agreement on behalf of
Developer hereby covenants,warrants,and represents that (1) he or she isduly authorized to execute or attest and
deliver this Agreement on behalf of Developer;(2)that this Agreement is binding upon Developer.
9.MODIFICATION:Any matters of this Agreement may be modified from time to time by the written consent
of all the parties without,in any way,affecting the remainder.
10.NON ASSIGNMENT:Neither party shall assign,transfer or sub contract this Agreement nor their rights or
duties under this Agreement without the prior written consent of the other party.
11.HOLD HARMLESS:Developer agrees to indemnify,save,hold harmless,and at COUNTY'S request,
defend the COUNTY,its officers,agents,and employees from any and all costs and expenses,damages,liabilities, claims,
and losses occurring or resulting to COUNTY in connection with the performance,or failure to perform, by Developer, its
officers,agents,or employees under this Agreement,and from any and allcosts and expenses,damages,liabilities,
claims, and losses occurring or resulting to any person,firm, or corporation who may be injured or damaged by the
performance,or failure to perform,of Developer,its officers,agents,or employees under this Agreement.
12.JURISDICTION.This Agreement shall be administered and interpreted under the lawsof 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.
13.NOTICES.Notices required by this Agreement shall be personally delivered,mailed,postage prepaid,or
mailed via nationally-recognized overnight courier as follows:
To the Project:
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:
Arthur G.Wille,Senior Deputy County Counsel
Office of the Fresno County Counsel
2220 Tulare Street,Suite 500
Fresno,CA 93721
14.COUNTERPARTS.This Agreement may be signed in counterparts,and shall be deemed effective when all
Parties have signed the Agreement,or any counterpart thereof.
15.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.
[SIGNATURE PAGE FOLLOWS]
IN WITNESS WHEREOF,the Parties hereto have executed this Agreement as of the date first above
written.
FOR THE COUNTY:THE COUNTY f\
Name:Deborah A.Poochigian
Title:Chairman
Date:yk.KJL^MIS
r^K^Co^O^M ,Q-t^cA^S Date:Cfl|0|(^
Name:Bernice E.Seidel
Title:Clerk
/^^4A^^-Date://?«=>/>r~
Name: Alan Weaver
Title:Directorfof PublicWorks and Planning
tL-S L)'•$*•Date:.^"/if
Name: Daniel C.Cederborg
Title:County Counsel
,Ci'i<<'--t<r-Date:
Auditor
Name:VickiCrow, CPA
Title:Auditor
DEVELOPER
RETRANQ~
Date: M a:J tj UJ ( s-
1 Name: Mttchell Randall
Title: \(ice President
EXHIBIT "A"
All that portion of the tracts ofland 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:
Areal
Beginning at the northeast comer 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 of2646.06 feet to the north quarter
comer of said Section 35,
2. North 88°49'07" West, a distance of 2646.17 feet to the northwest
comer of said Section 35,
3. South 01°13'42" West, a distance of 5295.92 feet to the southwest
comer of said Section 35 and
4. South 88°46'36" East, 5289.84 feet to the southeast comer of said
Section 3 5 and the northwest comer of said Section 1;
thence along the respective westerly and southerly lines of said Section 1, the following
three (3) consecutive courses and distances:
1. South 01°01 '24" West, a distance of 2667.56 feet to the west quarter
comer of said Section 1,
2. South 01°01 '15" West, a distance of 2645.24 feet to the southwest
comer of said Section 1 and
3. South 89°00'02" East, a distance of 2647.33 feet to the south quarter
comer of said Section 1;
thence leaving the southerly line of said Section 1, North 00°58'27" East, along the
westerly line of the southeast quarter of said Section 1, a distance of 2646.34 feet to the
center quarter comer of said Section 1; thence South 89°01 '27" East, along the northerly
line of the southeast quarter of said Section 1, a distance of 257 4.87 feet to a point on the
westerly line of State Highway 33 as described in the grant deed recorded in Book 6080
at Page 150, Official Records of Fresno County; thence along said westerly line, the
following five (5) consecutive courses and distances:
1. North 00°55'52" East, a distance of939.34 feet,
2. along the arc of a tangent curvet to the right, concave easterly, having
a radius of 16050.00 feet, through a central angle of 01 °49'26", an arc
length of 510.92 feet and a chord bearing North 01°50'35" East, a
distance of 510.90 feet,
3. North 02°45' 18" East, a distance 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 02°05'48" East, a
distance of 458.44 feet and
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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 of5224.75 feet and
3. North 58°40'55" West, a distance of 82.72 feet to a point on the
northerly line of said Section 36 and the southerly line of said Section
25;
thence continuing along the westerly line of said State Highway 33, the following two (2)
consecutive courses and distances:
1. North 61 °17'57" East, a distance of82.74 feet and
2. North 01°19'06" East, a distance of 1285.85 feet to a point on the northerly
line of the south half of the southeast quarter of said Section 25;
thence North 88°55'24" West, along said northerly line, a distance of2615.74 feet to a point on
the easterly line of the southwest quarter of said Section 25; thence North 01 °18'39" East, along
said easterly line, a distance of 1326.04 feet to the center quarter comer of said Section 25;
thence North 88°56'37" West, along the northerly line of said southwest quarter, a distance of
2645.63 feet to the west quarter comer of said Section 25; thence South 01 °19'22" West, along
the westerly line of said Section 25, a distance 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 comer of said
Section 35; thence South 01 °14'30" West, along the easterly line of the northwest quarter of said
Section 35, a distance of 1324.42 feet to the Point of Beginning; thence from said Point of
Beginning, continuing along said easterly line, South 01 °14'30" West, a distance of 1324.42 feet
to the center quarter comer of said Section 35; thence North 88°47' 58" West, along the southerly
line of the northwest quarter of said Section 35, a distance of 661.39 feet; thence leaving said
southerly line, North 01°14'18" East, along the westerly line of the east half of the southeast
quarter of the northwest quarter of said Section 35, a distance of 1324.31 feet; thence leaving
said westerly line, South 88°48'32" East, along the northerly line of the east half of the southeast
quarter of the northwest quarter of said Section 35, a distance of 661.47 feet to the Point of
Beginning.
Area 1 contains a net area of 1 ,984.11 acres, more or less.
Area2
Beginning at the northwest comer of Lot 32 as shown on the map of subdivision of said Section
2 being a part of California Land Investment Company's Tract No. 1 recorded in Book 7 of
Surveys at Page 49, Fresno County Records, and from said point the northwest comer of said
Section 2 bears North 43°53'50" West, a distance of 42.52 feet; thence from said Point of
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Beginning, South 88°46'36" East, along the respective northerly lines of said Lot 32 and Lot 17
of said map, a distance of 2584.91 feet to the northeast comer of said Lot 17; thence South
01 °00'00" West, along the respective easterly lines of Lot 17, Lot 18, Lot 19 and Lot 20 of said
map, a distance of 2643.17 feet to the southeast comer of said Lot 20; thence North 88°53 '45"
West, along the respective southerly lines of Lot 20 and Lot 29 of said map, a distance of
2584.07 feet to the southwest comer of said Lot 29; thence North 00°58'56" East, along the
respective westerly lines of Lot 29, Lot 30, Lot 31 and Lot 32, a distance of 2648.55 feet to the
Point of Beginning.
Area 2 contains an area of 156.98 acres, more or less.
Area3
Beginning at the northeast comer of Lot 1 as shown on the map of subdivision of said Section 2
being a part of California Land Investment Company's Tract No. 1 recorded in Book 7 of
Surveys at Page 49, Fresno County Records, and from said point the northeast comer of said
Section 2 bears North 46°07'24" East, a distance of 42.35 feet; thence from said Point of
Beginning, South 01°01'24" West, along the respective easterly lines of Lot 1, Lot 2 and Lot 3
of said map, a distance of 1976.33 feet to the southeast comer of said Lot 3; thence North
88°53'48" West, along the southerly line of said Lot 3, a distance of 1292.02 feet to the
southwest comer of said Lot 3 and the northeast corner of Lot 13 of said map; thence South
01°00'40" West, along the respective easterly lines of Lot 13 and Lot 12 of said map, a distance
of 1322.66 feet to the southeast corner of said Lot 12; thence North 88°53'55" West, along the
southerly line of said Lot 12, a distance of 1291.81 feet to the southwest corner of said Lot 12;
thence North 01°00'00" East, along the respective westerly lines of Lot 12, Lot 13, Lot 14, Lot
15 and Lot 16 of said map, a distance of 3304.45 feet to the northwest comer of said Lot 16;
thence South 88°46'36" East, along the respective northerly lines of Lot 16 and Lot 1 of said
map, a distance of 2584.91 feet to the Point of Beginning.
Area 3 contains an area of 156.65 acres, more or less.
Area4
Beginning at the northwest comer of said Section 32; thence from the Point of Beginning,
South 01 °07'00" West, along the westerly line of said Section 32, a distance of 2651.34 feet to
the west quarter corner of said Section 32; thence along the respective northerly, easterly and
southerly lines of the southwest quarter of said Section 32, the following three (3) consecutive
courses and distances:
1. South 88°40'48" East, a distance of 2652.67 feet to the center quarter
corner of said Section 32,
2. South 01 °08' 48" West, a distance of 264 7.49 feet to the south quarter
corner of said Section 32 and
3. North 88°46'48" West, a distance of 2651.57 feet to the southwest
corner of said Section 32 and the northwest comer of said Section 5;
thence South 00°53 '07" West, along the westerly line of said Section 5, a distance of 2646.37
feet to the west quarter comer of said Section 5; thence along the respective northerly, easterly
and southerly lines of the southwest quarter of said Section 5, the following three (3) consecutive
courses and distances:
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1. South 88°37'21" East, a distance of2656.82 feet to the center quarter
comer of said Section 5,
2. South 00°46'23" West, a distance of 2644.71 feet to the south quarter
comer of said Section 5 and
3. North 88°39'33" West, a distance of 2661.98 feet to the southwest
comer of said Section 5 and the southeast comer of said Section 6;
thence North 88°45'31" West, along the southerly line of said Section 6, a distance of 2653.88
feet to the south quarter corner of said Section 6; thence along the respective easterly and
northerly lines of the southwest quarter of said Section 6, the following two (2) consecutive
courses and distances:
1. North 00°50'54" East, a distance of 2647.30 feet to the center quarter
comer of said Section 6 and
2. North 88°44'53" West, a distance of 2752.57 feet to a point on the
easterly line of State Highway 33 as described in the grant deed
recorded in Book 6124 at Page 511, Official Records of Fresno
County;
thence along said easterly line, the following five (5) consecutive courses and distances:
1. North 00°55'52" East, a distance of939.55 feet,
2. along the arc of a tangent curve to the right, concave easterly, having a
radius of 15950.00 feet, through a central angle of 01 °49'26", an arc
length of 507.73 feet and a chord bearing North 01 °50'35" East, a
distance of507.71 feet,
3. North 02°45'18" East, a distance of698.09 feet,
4. along the arc of a tangent curve to the left, concave westerly, having a
radius of20050.00, through a central angle ofOl 0 19'00", an arc length
of 460.75 feet and a chord bearing North 02°05'48" East, a distance
of 460.74 feet and
5. North 61°03'24" East, a distance of 82.99 feet to a point on the
northerly line of said Section 6 and the southerly line of said Section
31;
thence continuing along the easterly line of 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 58°54'10" West, a distance of82.54 feet,
2. North 01 °19'05" East, a distance of2571.57 feet and
3. North 61°12'29" East, a distance of 82.81 feet to a point on the
northerly line of the southwest quarter of said Section 31 and the
southeast corner of the tract of land described in the grant deed
recorded in Book 4391 at Page 425, Official Records of Fresno
County;
thence along the easterly line of the tract of land described in the grant deed recorded in Book
4391 at Page 425, Official Records of Fresno County, the following four (4) consecutive courses
and distances:
1. North 01 °19'05" East, a distance of70.15 feet,
2. North 37°47'09" West, a distance of81.87 feet,
3. North 01 °19'05" East, a distance of75.00 feet and
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4. North 88°42'33" West, a distance of 20.00 feet to a point on the
easterly line of State Highway 33 as described in the grant deed
recorded in Book 4391 at Page 417, Official Records of Fresno
County;
thence North 01 °19'05" East, along said easterly line, a distance of 1845.41 feet to a point on the
southerly line of the tract of land described in the grant deed recorded in Document No. 2013-
0074999, Official Records of Fresno County; thence along the respective southerly and easterly
lines of the tract ofland described in the grant deed recorded in Document No. 2013-0074999,
Official Records of Fresno County, the following two (2) consecutive courses and distances:
1. South 88°40' 45" East, a distance of 450.00 feet and
2. North 01 °19'05" East, a distance of 600.00 feet to a point on the
northerly line of said Section 31;
thence South 88°40' 45" East, along said northerly line, a distance of 4897.71 feet to the Point of
Beginning.
Area 4 contains 1,457.93 acres, more or less.
The bearings shown hereon are based upon the California State Plane Coordinate System, Zone
4, NAD83 (2011) CA HPGN.
The distances shown hereon are ground distances.
The above described tract ofland is shown on Exhibit "B" attached hereto and made a part
hereof.
End ofDescription.
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EXHIBIT B
EXHIBIT B
Mitigation Monitoring and Reporting Program,
Conditions of Approval, and Project Notes
Introduction
This Mitigation Monitoring and Reporting Program, Conditions of Approval, and Project Notes
document (MMRP/COA) has been prepared by Fresno County (the County) in connection with its
consideration of the Unclassified Conditional Use Permit (UCUP) applications filed by
RE Tranquillity LLC, RE Tranquillity 2 LLC, RE Tranquillity 3 LLC. RE Tranquillity 4 LLC, RE
Tranquillity 5 LLC, RE Tranquillity 6 LLC, RE Tranquillity 7 LLC, andRE Tranquillity 8 LLC
(the Applicants) to construct, operate, maintain, and decommission the Tranquillity Solar
Generating Facility (the Project).
Section 21081.6 of the California Environmental Quality Act (CEQA) and CEQA Guidelines
Section I 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
Jessen 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 of the 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 pennit 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 wouJd 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 Appendix D. This MMRP/COA has been prepared as a matrix containing
the following elements:
• Measures that will mitigate significant impacts on the environment;
• Conditions of use pennit approval; and
• Notes referencing mandatory requirements of the County or other agencies that are
provided as infonnation 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 wiiJ be in place tl1rough all phases of the Project. The Project planner, assigned
by the County Planning Director, shall coordinate enforcement of the MMRP/COA and oversee it
to ensure that proper action is taken on each mitigation measure. Each County department or
division shall ensure that the Project complies with the conditions (including mitigation measures)
that relate to that department.
The Project planner or responsible County department has the authority to stop the work of the
operator if compliance with any aspect of the MMRP/COA is not occurring after written
notification has been issued. The Project planner or responsible County department also has the
authority to deny entry into a new construction phase until compliance with a requirement of this
program occurs.
Condition Compliance Matrix
Table 1, "Mitigation Monitoring and Conditions Compliance Program," includes mitigation
measures and conditions of approval that will mitigate the potential significant environmental
impacts of the Project. A procedure of compliance and verification has been outlined for each
measure. This procedure designates what action will be taken and when, who will take action, and
to whom and when compliance will be reported. Mitigation Measures are identified beginning on
page l-3. Conditions of approval are identified beginning on page 1-211. All conditions of
approval apply to aJI UCUPs except as noted. Notes referencing mandatory requirements of the
County or other agencies are provided as infonnation to the Applicants beginning on page 1-243.
Environmental Impact MITIGATION MEASURES ---·-------~---Aesthetics ·------. ·---Impact 4.2-1: The Solar Facility would substantially degrade the existing visual character and quality of the site and its surroundings. Impact 4.2-2: The Solar Facility could create a new source of lfght. and glare that could adversely affect day and nighttime views in the area. TABLE 1 MITIGATION MONITORING AND CONDITION COMPLIANCE PROGRAM UNCLASSIFIED CONDITIONAL USE PERMIT NOS. 3451, 3452, 3453, 3454, 3455, 3456, 3457, AND 3458 -------------------------------·-·-r:--·--------------·-----,----------------r··-----··--··-·· I Responsible for 1 Responsible for / I EIR Mitigation Measures/ Conditions of Approval Implementing Actions j Verifying Compliance / Timing 1 ' . Mitigation Measure 4.2-1: The Solar Facility operator, to the extent commercially feasible, shall underground electrical collection systems to reduce the random tall vertical lines created by electrical poles. Mitigation Measure 4.2-2: The Solar Facility operator shall clear debris from the Project area at least four times per year; this can be in conjunction with regular panel washing and site maintenance activities. Applicants and/or their designees to implement measure as defined. Applicants and/or their designees to implement measure as defined. Mitigation Measure 4.2-3: The Solar Facility operator shall apply appropriate treatments to Applicants and/or their structures. as approved by the Fresno County Public Worl<s and Planning Department Solar designees to Facility structures include buildings, electrical enclosures. and inverters. Paints having little or no implement measure as reflectivity shall be used whenever possible. Grouped structures shall be painted the same color to defined. reduce visual complexity and color contrast The choice of color treatments shall be based on the appearance at typical viewing distances and consider the entire landscape around the proposed development as it would be viewed from publicafly 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. Fresno County Department of Public Works and Planning, Development Services Division, and/or its designee Fresno County Department of Public Worl<s 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 Solar Facility construction. During Solar Facility construction and operation. During Solar Facility construction and, as necessary. during operation. Mitigation Measure 4.2-4: Prior to the commencement of operations, the Solar Facility operator 1 Applicants and/or their Fresno County ! Prior to the shalt submit a landscape revegetation plan for the Solar Facility site. The plan shall include the l designees to Department of Public i 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, I operation. ground cover. The seed mix shall be determined through consultation with local experts and shall 1 defined. Development Services I be approved by the Fresno County Public Works and Planning Department prior to planting. The Division, and/or its II plan must include a timeline for seeding the Project site, and limitations on guarantee of 1. designee , revegetation success should be considered due to the lack of irrigation available on the Project J .S.~"--. -~-----------__:_-------------·---------------~---------~! ----·--·-·----+··~--------------Mitigation Measure 4.2-5: Project facility lighting shalt be designed to provide the minimum Applicants and/or their I_· Fresno County I During Solar illumination needed to achieve safety and security objectives. All lighting shall be directed designees to ; Department of Public Facility downward and shielded to focus illumination on the desired areas only and avoid light trespass 1 implement measure as i Works and Planning, construction and into adjacent areas. Lenses and bulbs shall not extend below the shields_ I defined. ! Development Services 1 operation_ i DiYi:Sion, and/or its j : i des~gnee i "~~--.~-,--·------·-----·-·--· L------~-.,........._~~Y-·~----~-··~~--· . ·--~~--~----·--~ ..... --~ ---
TABLE 1 (Continued) MITIGATION MONITORING AND CONDITION COMPLIANCE PROGRAM UNCLASSIFIED CONDITIONAL USE PERMIT NOS. 3451, 3452, 3453, 3454, 3455, 3456, 3457, AND 3458 ---·-·-·-.. ··--· ........ ··-·--·-------· ---r-----------·---,------------·-····--·-··--r-·---1 Responsible for 1 Responsible for i Environmental Impact EIR Mitigation Measures/ Conditions of Approval !Implementing Actions 1 Verifying Compliance ! Timing _ ~!f~~!~~MEASU.~ES (c~n_tj ______ ------------AirQuality Impact 4.4-1: The Solar Facility would violate an air quality standard or contribute substantially to an existing or projected air quality violation. Mitigation Measure 4.4-1a: Solar Facility Fugitive 0--u~ Contr~i M;;sures. ... ····-----··1 Ap;,;~;nts and/~~;-h-;i~ I Fres~~ County ----Prior to grading on site, the Applicants shall submit a Solar Facility Fugitive Dust Control Plan to I ~esignees to I Department of Public the SJVAPCr;> for review and appro~al. The Fugitive Dust Control Plan shall be applicable to only . tm~lement measure as 1 Works and Planning, the constructton and decommtssiontng phases and shall meet the requirements in Table 8021-1 ! deftned. , Development Servtces and incorporate the Regulation VIII recommended fugitive dust control measures to reduce PM10 ! 11 Dtvi~ion. and/or its emissions to the extent practical, including but not limited to: i 1 des1gnee 1 • All disturbed areas, including storage piles, which are not being actively utilized for construction purposes. shall be effectively stabilized of dust emissions using water. chemical stabilizer/suppressant, covered with a tarp or other suitable cover or vegetative ground cover. • Stockpiles of excavated soils on the Solar Facility site shall be wetted during daily construction activities and shall be covered at the end of each workday, during weekends, and periods of extended storage. • All on-site unpaved roads and off-site unpaved access roads shall be effectively stabilized of dust emissions using water or chemical stabilizer/suppressant. • All land clearing, grubbing. scraping. excavation, land leveling, grading, cut and fill, and demolition activities shall be effectively controlled of fugitive dust emissions utilizing application of water, dust palliatives. or by presoaking. • When materials are transported off-site. all material shall be covered, or effectively wetted to limit visible dust emissions. and at least six inches of freeboard space from the top of the container shall be maintained. • All operations shall limit or expeditiously remove the accumulation of mud or dirt from adjacent public streets at the end of each workday. The use of dry rotary brushes is expressly prohibited except where preceded or accompanied by sufficient wetting to limit the visible dust emissions. • Use of blower devices is expressly forbidden. Following the addition of materials to, or the removal of materials from. the surface of outdoor storage piles. said piles shall be effectively stabilized of fugitive dust emissions utilizing sufficient water or chemical stabilizer/suppressant. • Any site with 150 or more vehicle trips per day shall prevent carryout and 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 mto 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. -------~---~------~-----·-·----~----' i I I ' ~ ·--·--· -Prior to grading activities.
TABLE 1 (Continued) MITIGATION MONITORING AND CONDITION COMPLIANCE PROGRAM UNCLASSIFIED CONDITIONAL USE PERMIT NOS. 3451, 3452, 3453, 3~, 3455, 3456, 3457, AND 3458 i Responsible for l Responsible for -~~--~-----~---~---T~----~--~-----~~--I ~ "---~------r---~~-~-~-----~-----~-Environmental Impact I EIR Mitigation Measures/ Con~~tlons of Approval !Implementing Actio~-~ Verl~lng Compliance . Timing MITIGATION MEASURES (cont) ----------~--·~---· ~r Qu!'~<~9 -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 eqwpment 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 equrpment will use only California certified diesel or gasoline fuels~ • The Applicant will utilize construction equipment that is at the Tter 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 Worl<s and I Applicants and/or their designees to implement measure as defined. 1 Applicants and/or their , designees to I implement measure as defined. I; Planning ~p~rtment within 24 hours of the first tra~ning se~ssion ~ Multiple training ses~ions may be conducted if different worl< crews Wtll come to the stte for different stages of constructton; however, 1 I all construction personnel shall be provided training prior to beginning work~ The evidence I submitted to the Fresno County Public Wori<s and Planning Department regarding the "Valley 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. Prror to ground disturbance activities~ Eer Training Handout.· and Session(s) shall include the following: I A sign-in sheet (to include the printed employee names. signature, and date) for all employees 1 Who attended the training session. i ------~~~-------~-------~-~--........... ·-~---------~----,...~-----~--~---~-~---···· --~---~-------·------~--L-~-" Oy, ~---~·-··--·--------L-------~----· ~------L--~---------
TABLE 1 (Continued) MITIGATION MONITORING AND CONDITION COMPLIANCE PROGRAM UNCLASSIFIED CONDITIONAL USE PERMIT NOS. 3451,3452,3453,3454,3455,3456,3457, AND 3458 ~-------·-------------1------~~----------~-----·-------~---···-----Responsible for Responsible for I .---~~--~ -~-~----~----~-~----------~·~-~----Envlronmentallmpact l EIR Mitigation Measures/ Conditions of Approval i Implementing Actions Verifying Compliance . Timing i MITIGATION MEASURES (cont.) --·-··~·>•. _._ -·------~·----~~ ~--------. .--·--·· •••'•---·--·--·-·--·----Air Qual!t¥ (~) ---~~----·---------~----~ -----------~--~· ----~----·· ---------~--~-··r. -----~-~--~ ------,-----~ --~ ···~-· .. b) Distribution of a written flier or broChure that includes educational information regarding the j ! T health effects of exposure to criteria pollutant emissions and Valley Fever. j ! I c) Training on methods that may help prevent Valley Fever infection. i 1 I d) A demonstration to employees on how to use personal protective equipment, such as : ! J respiratory equipment (masks), to reduce exposure to pollutants and facilitate recognition of I i symptoms and earlier treatment of Valley Fever. Though use of the equipment is not I 1 I mandatory dunng work. the equ1pment shall be readily available and shall be provided to I j' ; employees for use dunng work, if requested by an employee. Proof that the demonstration IS i i included 10 the traming shall be submitted to the County. This proof can be via printed training j I materials/agenda, DVD. digital media flies, or photographs. ~' I e) Prior to the Notice to Proceed for decommissioning, the project operator Will follow the above j : process for all decommissioning work. , : ________ ,_ __ ~-------r-~~-----· ----·----·--·~ .. ~-·-----~----<------------·---~ -·------""""----,-----~-.... < -----lm~ct 4.4-2: The Solar !Implementation of Mitigation Measures 4.4-13, 4.4·1 b, and 4.4-1c. rAp~licants and/or their Fresno County ' I Pnor to and during Faali!y would result tn a 1 ; destgnees to Department of PubliC 1 construction. cumulatively considerable net! i implement measure as Works and Planning, ! increase of any criteria -1• defined. Development Services pollutant for which the project 1 I Division. and/or its region is in non-attainment designee under applicable federal and , state ambient air quality I standard (including releasing i I . emissions which exceed 1 I quantitative thresholds for 1 l j ozone precursors}. j i , -~~~ct 4.4-3: The Solar·--~· ;;;;,;1~-;;~tati~n of Mitigation Measure 4.i.1a, 4.4·1b, and 4.;::;~-------··---· Ap~li;;;;;nd/o~their if;;;no County -----~ Prior to a~d-d~~i~; -Fac1hty woutd expose designees to I ~~partment of Public 1 construction. sensitive receptors to implement measure as ! Works and Planning, i substantial pollutant , defined. ! Development Services I concentrations. i l Division. and/or its I l i designee , l~pact 4.4-4~Solar Facility lr;;,P,;,;,entatio~~f-Miti~~-ti~n Measure 4A-1 a and 4.4-1 ~----·--·-··--···-·-·--··--------1 A;~licants and/or thei;TF~;;~o Cou~~----"'--~ Pnor t~ -~~;&~;. ·--construction and I I designees to I Department of Public 1 activities. decommissioning activities 1 I implement measure as Works and Planning, i could potentially expose 1 1 defined. I Development Services ! local sensitive receptors i I Division, andlor its and San Joaquin kit fox, a I i designee i :ed~:~~~~~~~~~~~~ 1 1 I I --~ -~--------_ ...... ~... ~---·------· -·-----------'-------·----~---L .. --------Impact 4.4-1 (cont.)
TABLE 1 (Continued) MITIGATION MONITORING AND CONDITION COMPLIANCE PROGRAM UNCLASSIFIED CONDITIONAL USE PERMIT NOS. 3451, 3452, 3453, 3454, 3455, 3456, 3457, AND 3458 ~ Responsible for Responsible for ------------r·---------------------------------------------------T-------------------~-.. ----------Environmental Impact j EIR Mitigation Measures/ Conditions of Approval j Implementing Actions I Verifying Compliance Timing immitisspores. 1 ----------------f l I MITIGATION MEASURES (cont) ·-·--------"'''"-~------~---··---~----~-----------···---·-· -···--···--• w·---•-• ------•-·-~--~--··•-Bto.~og~l R~!C!! _____ _ Impact 4.5-1: The Project could have a substantial adverse direct or indirect impact on San Joaquin kit fox. Mni"g;;ti~;;-;.,-ea-s~;;, 4.5~1;; p;.-~~~st~~ti~n s~~-Joaq~in kit ,;;X sul'll;vs. -------------rA;pJica_n_ts-a~~!lor their Preconstruction suNeys shaH be conducted by a qualified biologist for the presence of San Joaquin ~esignees to kit fox dens within 14 days prior to commencement of construction activities. The suNeys shall be tmplement measure as conducted in areas of suitable habitat for San Joaquin kit fox. SuNeys need not be conducted for all defined. areas of suitable habitat at one time; they may be phased so that suNeys occur within 14 days prior I to that portion of the Solar Facility site is disturoed. SuNeys shall utilize the U.S. Fish and Wildlife Service (1999a) San Joaquin Kit Fox SuNey Protocol for the Northern Range. If no potential San r Joaquin kit fox dens are present. no further mitigation is required under this measure. If potential dens are observed and avoidance Is determined to be feasible by a qualified biologist in consultation with the Project Owner and the County (as defined in CECA 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: i • If the qualified biologist determines that potential dens are inactive. the biologist shall excavate these dens by hand with a shovel to prevent badgers or foxes from re-using them during construction. r ; • If the qualifred biologist determmes that potential a non-natal den may be active, an on-site I passive relocation program may be implemented with prior concurrence from the USFWS. This 1 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 I has been discontinued, and excavation and collapse of the burrow to prevent reoccupation. . I After the qualified biologist determines that the San Joaquin kit foxes have stopped using active II i dens within the project boundary, the dens shall be hand-excavated with a shovel to prevent re-i use during construction. i j Fresno County Department of Public Works and Planning, Development SeNices Division, and/or its designee I I ' I. Mitigation Measure 4.5·1b: Solar Facility Construction Worker Environmental Awareness ! Applicants and! or their ! Fresno County Program. l designees to I Department of Public I Prior to the issuance of grading or building permits and for the duration of construction activities, I implement measure as Worits and Planning, / within one week of employment all new construction workers at the Project site shall attend a I defined. 1 Deve_lopment S":Nrces 1 Construction Worker Environmental Awareness Program. developed and presented by the Lead 1 DrvJsron, and/or its operation and maintenance or decommissioning of the completed facilities shall also attend/watch I I' lBio.logist .(a pre-.recorded video presentation will suffice). Any employee responsib.le for the I des•gnee the Construction Worker Environmental Awareness Program. The program shall include I --------------· if1!0.1'11}!ti__o_ll_<;l!J_t~J.i!e history Qf__!__l!_e S~n Joa_9!!j_(l~i1!()X_~d shall <!lso describe othe!.JI~~!!l::_ __ j _________________ j _______________ _ 14 days prior to commencement of construction activities. Prior to construction.
TABLE 1 (Continued) MITIGATION MONITORING AND CONDITION COMPLIANCE PROGRAM UNCLASSIFIED CONDITIONAL USE PERMIT NOS. 3451, 3452, 3453, 3454, 3455, 3456, 3457, AND 3458 Responsible for Responsible for ----------------------... ------------------------------~--r:-----------·r·------------------·r··---Environmental Impact I EIR Mitigation Measures/ Conditions of Approval . Implementing Actions Verifying Compliance 1 Timing status wildlife species that may occur on-site, including burrowing owl and Swainson's hawk. MITIGATION MEASURES (cont) -----~~-------~~--~-----------------·-----------------------·--------------------------· ·----------------------·------~---------~------~---------Biological Resources (cont) -----------------------------r----------------------------------------------------------------------Impact 4.5-1 (cont.) The program shall also discuss each species' legal protection status, the definition of •take" under the federal and state Endangered Species Acts. measures the Solar Facility operator is implementing to protect the species, reporting requirements. specific measures that each worker shall employ to avoid take of wildlife species, and penalties for violation of the federal or state Endangered Species Act. An acknowledgement form signed by each worker indicating that environmental training has been completed would be kept on record. A sticker shall be placed on hard hats indicating that the worker has completed the environmental training. Construction workers shall not be permitted to operate equipment within the construction areas unless they have attended the training and are wearing hard hats with the required sticker. A copy of the training transcript and/or training video, as well as a list of the names of all personnel who attended the training and copies of the signed acknowledgement forms shall be submitted to Fresno County Public Works and Planning Department. The construction crews and contractor{s) shall be responsible for unauthorized impacts from construction activities to sensitive biological resources that are outside the areas defined as subject to impacts by Solar Facility permits. Mitigation Measure 4.5-1c: Avoidance and Protection of Biological Resources. During construction, operation and maintenance. decommissioning of the Solar Facility. the Solar Facility operator and/or contractor shall implement the following general avoidance and protective measures to protect San Joaquin kit fox and other special-status wildlife species: • AU 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, l staging, storage, excavation, and disposal site locations shall be confined to the smallest areas l possible. These areas shall be flagged and disturbance activities, vehicles, and equipment shall I be confined to these flagged areas. 1 Spoils shall be stockpiled in disturbed areas that lack native vegetation. Best Management 11 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 I constructed of earth fill or wooden planks Before such holes or trenches are filled, they shall be Open trenches, holes, or excavations that could trap wildlife shall be inspected daily by the l Applicants and/or their designees to implement measure as defined. Fresno County Department of Public Works and Planning, Development Services Division, and/or its designee ' I I I i . 1 Dunng I construction, ' operation and maintenance. I' thoroughly inspected by the Lead Biologist or approved biological monitor for trapped animals. 1 environmental compliance monitor. If trapped animals are observed, escape ramps or : ------------·-___ j__~ruct!J_f!~ . .¥l~ll_l?._ejnst.!!l~d im~d@~!Y_I_o,_!fli.Q_w escape. If a_l~!~-~cies i~ trap~<!,Jh_! ___ j_ _______________ .__ -~-->< -·------------------·'-
Envlronmentailmpact TABLE 1 (Continued) MITIGATION MONITORING AND CONDITION COMPLIANCE PROGRAM UNCLASSIFIED CONDITIONAL USE PERMIT NOS. 3451, 3452, 3453, 3454, 3455, 3456, 3457, AND 3458 Responsible for Responsible for i ·----------·------·-------------------------.. --------------r------·]·--··-----·-·--···· .. ---r EIR Mitigation Measures/ Conditions of Approval !Implementing Actions Verifying Compliance I Timing USFWS and/or CDFW shall be contacted immediately. MITIGATION MEASURES (cont.} -. _, ·--·---~ -···-· ·-· BiologlcaJ Resources (cont.) Impact 4.5-1 (cont.) 1' • All construction pipes, culverts. or similar structures with a 4-inch or greater diameter that are ..... --··--------------~-----·-----· ----------·--------------------------------· __ , "']' . stored at a construction site tor 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 j pipe shall not be moved until the lead Biologist has been consulted and the animal has either 1 moved from the structure on its own accord or until the animal has been captured and relocated i by the Lead Biofogist._The Lead Biologist shall have the appropriate state or federal permits I 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. I • Fencing of the Solar Facility site shall incorporate wildlife-friendly fencing design. Fencing plans I may use one of several potential designs that would allow SJKF to pass through the fence while I still providing for Solar Facility security and exclusion of other unwanted species (i.e .. domestic 1 dogs and coyotes). Raised fences or fences with entry/exit points of at least 6 inches in diameter 1 spaced along the bottom of the fence to allow species such as San Joaquin kit fox access into and 1 through the Solar Facility site would be appropriate designs. ! i -~--------~~---·-·--------y-------~--------------~----------~------------------~----,--~~,-4--t-----~ +------....,......,...-~-~ ·-i-----------~-lmp.~ct 4.5-3: The Solar !Implementation of Mitigation Measures 4.5-1 b through 4.5·1 c. j Ap~licants and/or their 1 Fresno County . ; 14 d~ys pnor to the Factlity C:outd have a . ; Mitigation Measure 4.5-Ja: Preconstruction Burrowing Owl Surveys. j ?estgnees to I Department of P~biJc i JO!t1~t1on of su~stanttal adve~~ dtrect or i Prior to the initiation of equipment staging or ground-disturbing activities biological surveys shall tmplement measure as Works and Planntng, ! eqwpment staging mdtrect .. non-colltsron-. I be performed within 14 days of such activities to ensure that burrowing ~wls are not impacted by j' deftned. I ~~e_Iopment Services I or ground-related '":~pact on burrowtng ! construction activities Given the large size of the construction site multiple or ongoinn burrowing I DIVISIOn, and/or its I disturbing owl Swamson's hawk and • · • ""' ' · · · · -~~-r~~~r: _____ ~ ____ l;~:t~;;~~'r:,a~~;~~~;::stT~~~~=:~~~~a;_~~ ;~~ ~~~~~~~~~~~~:s:;h~~r:s:~ __ ·-··-______ J~.e~~~~:~ _________ l_:~~v~-~e~--------·
TABLE 1 (Continued) MITIGATION MONITORING AND CONDITION COMPLIANCE PROGRAM UNCLASSIFIED CONDITIONAL USE PERMIT NOS. 3451, 3452,3453, 3454, 3455,3456, 3457, AND 3458 ----------------------r-----. ------------------------------~------·-·---·-··· r-----~-----------··---.. ·---·---·-.. -·y· I Responsible for i Responsible for 1 Implementing Actions ! Verifying Compliance i Timing Environmental Impact EIR Mitigation Measures/ Conditions of Approval prior to construction within each successive work area: MITIGATION MEASURES (cont) ~--------------------~---------~--------· ---.----~------. -----~--. ----~ -~ ~------------Biological Resources (cont) ----.. ----------r -----------·-----· -------------------· ·-__ .. ______ ----Impact 4.5-3 (cont.) I • A qualified wildlife biologist (i.e., a wildlife biologist with previous burrowing owl survey i experience) shall conduct pre-construction surveys on the Solar Facility site and immediate ' vicinity only in areas of the site with suitable burrowing habitat to locate any active breeding or wintering burrowing owl burrows no fewer than 14 days prior to ground--disturbing activities (i.e , vegetation clearance, grading, tilling). The survey methodology shall be consistent with the methods outlined in the CDFW (2012) Staff Report on Burrowing Owl Mitigation and shall consist of walking parallel transects 7 to 20 meters apart, noting any potential burrows with fresh burrowing owl sign or presence of burrowing owls. As each burrow 1s investigated. biologists shall also look for sign of San Joaquin kit fox. Copies of the survey results shall be submitted to CDFW and the Fresno County Public Works and Planning Department. The surveys can be conducted concurrently with San Joaquin kit fox surveys. • If burrowing owls are detected on-site, no ground-disturbing activities, such as vegetation clearance or grading, shall be permitted within a buffer of no fewer than 200 meters (660 feet) from an active burrow during the breeding season (February 1 to August 31 ), unless otherwise authorized by CDFW with the exception noted below. During the non-breeding (winter) season (September 1 to January 31), ground--disturbing work can proceed near active burrows as long as the work occurs no closer than 50 meters (165 feet) from the burrow. Depending on the level of disturbance. a smaller buffer may be established in consultation with CDFW. • The Project site shall be resurveyed to locate any breeding or wintering burrowing owls in the event that ground disturbing construction activities lapse for a period of 14 days after the most recent preconstruction survey_ • If burrow avoidance is infeasible during the non-breeding season. a qualified biologist shall Implement a passive relocation program in accordance the CDFW (20 12) Staff Report on Burrowing Owl Mitigation. 1 • 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 tor 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 Mitigat1on 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 I ! footprint. Land identified to mitigate for passive relocation of burrowing owl may be combined 1 i i with other off-site mitigation requirements of the Project if the compensatory habitat is deemed / I ! i suitable to support the species. The PassiVe Relocation Compensatory Mitigation habitat shall j 1 l ! be approved by CDFW. If the Project is located within the service area of a CDFW-approved 1 i -·--··-·--------·----~~:-vif1g__owl ~~ry_a_tlo_n_b~~. the ~~ole_Et__ErOp_o_ll_~l.':!l~J..PUrchase '!'!.!!U!!'.Ie burrowing O'Nl_L __________________ ! -----------_______ ·-----------·
TABLE 1 (Continued) MITIGATION MONITORING AND CONDITION COMPLIANCE PROGRAM UNCLASSIFIED CONDITIONAL USE PERMIT NOS. 3451, 3452, 3453, 3454, 3455, 3456, 3457, AND 3458 Environmental Impact ··-·-·-----~ ----·~--··----I EIR Mitigation Measures/ Conditions of Approval I --------Respons~~;for ~~~~~~ible for ___ r --Implementing Actions Verifying Compliance 1 Timing conservation bank credits in lieu of placing off-site habitat into a conservation easement. MITIGA!ION_~EAS~RE~j_~nl! __________ _ _______ _ 9!ological R~u~es(co~t) ___________________ ------------------------_______________________ ----·--. _ __ _ __ ___ -·-____ ··---Impact 4.5·3 (cont.) f Mitigation Measure 4.5-3b: Nesting Birds and Raptors. f Applicants and/or their Fresno County If construction is scheduled to commence during the non-nesting season (September 1 to I designees to Department of P~blic 1 January 31) within a given construction area (e.g., Power Block}, no preconstruction surveys or !Implement measure as Works and Plannmg, I additional measures are required for nesting birds and raptors within that specific construction defmed. D~~e_lopment SeMces I area. To avoid impacts to nesting birds in the Project site and immediate vicinity, a qualified wildlife DIVJ~Ion, and/or 1ts 1 biologist shall conduct preconstruct ion surveys of all potential nesting habitat within the Project designee 1 sites for ground-disturbing activities that are initiated during the breeding season (February 1 to 1 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 I available or visible using a spotting scope. Surveys shall be conducted no more than 14 days prior 1 to construction activities. Surveys need not be conducted for the entire Project site at one time; 1 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 I birds and all locally breeding raptor species without causing intrusive disturbance. If active nests are found, a suitable buffer (e.g., 300 feet for common raptors: 0.5 mile for Swainson's hawk; 100 feet for passerines) shall be established around active nests and no construction within the buffer allowed until a qualified biologist has determined that the nest is no longer active (e.g., the nestlings have fledged and are no longer reliant on the nest). Construction within 0.5 mile of currently or recently actrve 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. i I ------+ ------·-·-------·---------·-·----·-·---·-·-------------·-1----···----------··---·-~--\·-·-------·-·--··-·· ] During constructi~n 1 activities. Impact 4.5-4; The Project Implementation of Mitigation Measures 4.5-Ja and 4.5-Jb. I App_licants and/or their I Fresno County i Prior to and during could hav~ a substa~t•al ~es1gnees to , Department of Public i construction. adverse drrect or rnd~rect, J•mplement measure as j Works and Planning, 1 non-collision-related impact 1 defined. i Development Services I on nesting and migratory 1 ! Division, and/or its 1 birds i i designee i --~·-------------~------------------· ·-~~-----·------,.---~------·-------·;-~~----------·---~---!---------------------~-~-Impact 4.5-5: The Project i Mitigation Measure 4.5-5a Compliance with the Avian Power line Interaction Committee's l Applicants and/or their I Fresno County i During installation could have a substantial 1 (APLIC) guidance, Reducing Avian Collisions with Power Lines: State of the Art In 2012 I designees to I Department of Public j of transmission adverse impact to special i (APLIC, 2012). i implement measure as Works and Planning, ! lines and all status and m~ratory b~rds ,. Transmission lines and all electrical components shall be designed, installe. d, and maintained in l defined. De~e_lopment S~rvices !' electrical related to the l~troductmn of accordance with APLIC (2012) guidance to reduce the likelihood of large bird electrocutions and I DJvt~•on, and/or its components. potential COlliSIOn hazards. collisions. Compliance with APLIC standards would reduce the potential impact of collisions and I designee i , electrocutions with power line structures to a less than significant level. l ! j_l ~~~-1:--·-·------... ----------------------~-------.. -"··--·--~---------·------·-------'-··---------·--------~---..... _ .. ______ _
TABLE 1 (Continued) MITIGATION MONITORING AND CONDITION COMPLIANCE PROGRAM UNCLASSIFIED CONDITIONAL USE PERMIT NOS. 3451, 3452,3453, 3454, 3455, 3456, 3457, AND 3458 ·-·-· ---·-------~-------~-------·----· ------------·-·--r-·----·------···· --Responsible for ' Responsible for Environmental Impact EIR Mitigation Measures/ Conditions of Approval Implementing Actions I Verifying Compliance Timing MITIGATION MEASURES {conl) Biological Resources (cont) --------·---------·····--------·--·--·······------------·---·-· -----···· ----···· ----· r-·-······-·· -······-r -----·-···-····----Impact 4.5·5 (cont.} Mitigation Measure 4.5-5b: Collision Reduction Strategy. 1 Applicants and/or their Fresno County The Applicant shall implement the following measures to reduce the risk of bird collisions with PV I ?esignees to I Department of Public panels. jtmplement measure as i Works and Planning. . _ . . . . 1 defined. I Development Services • Installation of vrsual deterrents or cues to encourage brrd avordance of the ProJect srte. These 1 Division and/or its deterrents will be made of a material that is both reflective and highly visible. such that the ! designe~ material reflects ambient light and is stimulated by air movement. The effect of installation wlll i create the visual impression of continuous and varied movement, which has been shown as an i avian deterrent in agricultural applications. Example of the types of material that could be used i include plastic compact discs and reflective tape. Within 30 days after project commissioning, 1 materials will be installed in 50-acre blocks to achieve coverage of a total of 200 acres within I the Solar Facility on a 3-month trial basis to examine panel performance issues. Following the I initial 3-month period, visual deterrents will erther be adjusted to reduce perfonnance 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 j the project or until determined infeasible (based on the definition of "feasible" in CEQA i 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 : i 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 I collisions with panel faces (NFL. 2014). / -~--· During construction. ·····-~----------------····-··---·-+--------------·-I lmp_~ct 4.5-7: The _Solar Implementation of Mitigation Measures 4.5-1a through 4.5-1c and 4.5-Ja and 4.5-Jb. Applicants and/or th;ir I Fr;~~~c;;~~;; . Prior to and durrng Facrlity could conflrct wrth desrgnees to ! Department of Public construction. local policies protecting implement measure as ! Works and Planning, biological resources. I defined. : Development Services Impact 4.5-8: The Project could cause a cumulatively considerable contribution to a significant cumulative effect to migratory birds related to the introduction of potential collision hazards. 1 ! Division, and/or its ! i designee -----------------------------------------·---------~------···--r------------------•~--------------········· Mitigation Measure 4.5-8: Off-site Avian Predation Reduction. 1 Applicants and/or their I Fresno County l During Solar The Project Owner shall partner with CDFW, the Rabies and Animal Control Program of the I' designees to l Department of P~blic / Facility operation Environmental Health Division in Fresno County. and/or a similar program to fund existing feral cat Implement measure as I Works and Plannm_g, 1 control programs to be targeted within 10 miles of the Mendota Wildlife Area. The first project I defined. 1' De':'8_1opment Serv1ces owner to be issued a notice to proceed shall fund the program in the amount of $25,000 within 6 i Drv1~1on. andtor its months of the notice to proceed. The obligation set forth in this measure shall not apply to the 1 I desrgnee PG&E Switching Station. ! ! ·-------------·-····--L ------------------------------~----------------------------'-----------------·---·--'-----
TABLE 1 (Continued) MITIGATION MONITORING AND CONDITION COMPLIANCE PROGRAM UNCLASSIFIED CONDITIONAL USE PERMIT NOS. 3451,3452, 3453,3454, 3455,3456,3457, AND 3458 -------------------T----------------· --------------r----------------Responsible for . 1 ~esponslble for Environmental Impact 1 i EIR Mitigation Measures/ Conditions of Approval Implementing Actions J Verifying Compliance MITIGATION MEASURES (cont) ----~----------·-------·~ -~-· _____ .. __ _ C~!!tJral_!nd_P._~n~!CI!_Resou~-----___ ___ ___ ____ _ _____ __ _ _ _ __ __ ___ __ _ _ _ __________ _ Impact 4.6·1: The Solar r Mitigation Measure 4.6-1: The Project proponent shall retain a qualified archaeologist. defined as I Applicants and/or their Facility could cause a 1 an archaeologist meeting the Secretary of the Interior's Standards for professional archaeology, to designees to substa~tia~ adverse change 1 carry out all mitigation measures related to archaeological and historical resources. I implement measure as '"the_sagnificance of a _ Prior to the start of any ground disturbing activities, the Project owner shall ensure that the , defined. hrstoncal or archaeo!?gacal qualified archaeologist has conducted a Cultural Resources Awareness Training for all I resource, ~s defined 10_ construction personnel working on the Project. The training shall include an overview of potential CEOA Guadehnes SectJon cultural resources that could be encountered during ground disturbing activities to facilitate worker 1 15064.4. recognition. avoidance, and subsequent immediate notification to the qualified archaeologist for i 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. , Fresno County Department of Public Works and Planning, Development Services Division, and/or its designee Mitigation Measure 4.6-2: In the event archaeological materials are encountered during the I Applicants and/or their Fresno County course of grading or construction, the Project contractor shall cease any ground disturbing ~-designees to Department of Public activities within 50 feet of the find. The qualified archaeologist shalf evaluate the significance of the implement measure as Works and Planning, resources and recommend appropriate treatment measures. Per CEOA Guidelines I defmed. Development Services _ §15126.4(b)(3)(A), project redesign and preservation in place shall be the preferred means to , Division, and/or its I avoid impacts to significant archaeological sites. Consistent with CEQA Guidelines 1 l designee ! §15126.4(b){3)(C), if it is demonstrated that resources cannot be avoided, the qualified I ' ; archaeologist shall develop additional treatment measures in consultation with the County, which 1 1 may include data recovery or other appropriate measures. The County shall consult with 1 appropriate Native American representatives in determining appropriate treatment for unearthed II 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. i 1 The qualified archaeologist shall prepare a report documenting evaluation and/or additional i I treatment of the resource. A copy of the report shall be provided to the County and to the Southern i qualified archaeologist i ; Timing Prior to and during construction. During construction. San Joaquin Valley Information Center. Construction can recommence based on direction of t~e~ J-mpact 4.6·2: The sol;;·---T Mitigation Measure 4.6-3: The Project proponent shall r~tai~ a qualified pateontol~i~"t;~ry Applicants -andt;;r their ; Fresno County ---Prior to a";J'd'~;i~~ Facility could directly ~r 1 out all ~itigat~o~-measures ~elated to paleontological resources. -~rior to the start_ of any ground , designees to ;I' O.partmeot of P"blk I "'"''""''"" mdtrectly destroy a umque i drsturbrng activrtles. the PrOJect owner shall ensure that the qualifaed paleontologrst has conducted l'mplement measure as Works and Planning, 1 paleontological resource or 1 Paleontological Resources Awareness Training for all construction personnel working on the defined i Development Services 1 site or unique geologic I Project. This may be conducted in conjunction with the archaeological resources training required ! )' Division, and/or its feature. as defined in CEQA I by Mitigation Measure 4.6·1. The training shall include an overview of potential paleontological : designee Guidelines Section 15064. resources that could be encountered during ground disturbing activities to facilitate worker i 1 I! recognition, avoidance, and s_ubsequent immediate notification to the qualified paleontologist for i 1 further evaluation and action, as appropriate; and penalties for unauthorized collecting or i jl ! 1 ~~;~~~;~ ~~;~~~eo~~!~~:~~~~:~~~:~:~:~~~~~~~-sheet shall be campi~~-~-~~~~-1 _______ L ______________ L ____ ·-----------------__
Environmental Impact TABLE 1 (Continued) MITIGATION MONITORING AND CONDITION COMPLIANCE PROGRAM UNCLASSIFIED CONDITIONAL USE PERMIT NOS. 3451, 3452, 3453, 3454, 3455, 3456, 3457, AND 3458 __ T.___ -------------------·-----EIR Mitigation Measures/ Conditions of Approval ------------, --r------------1 Responsible for Responsible for !Implementing Actions Verifying Compliance ~fTI~A!!!JN_MEAS~RES (~~~~--------------__________________ _ Cultural and Paleontological Resources (cont) ------------------------------[ . ----------------------------------------r --------------~------------------Impact 4.6·2 (cont.) Mitigation Measure 4.6-4: If a paleontological resource is found, the Project contractor shall l A-pplicants and/or their Fresno County cease ground-disturbing activities within 50 feet of the find. The qualified paleontologist shall I designees to Department of Public evaluate t~e sig~ificance of the resources and recommend appropriate trea~ent measures. A_t I implement measure as I Works and Planning, . each foss1f locahty. field data forms shall be used to record pertment geolog1c data, strat1graph1c ! def1ned. Development Services sections shall be measured, and appropriate sediment samples shall be collected and submitted 11 , Division, and/or its for analysis. Any fossils encountered and recovered shall be catalogued and donated to a public, I designee non-profit institution with a research interest in the materials. such as the Natural History Museum of 1 Los Angeles County. Accompanying notes, maps, and photographs shall also be filed at the repository_ I 1 The qualified paleontologist shall prepare a report documenting evaluation and/or additional treatment of I i Timing During construction_ Impact 4.6-3: The Project could disturb any human remains. including those interred outside of formal cemeteries_ I the ~~~-~c:e· The re~ort shall be filed With the County and w~ the rep~~itory. -----I_____________ l _ _ ______ 1 Mitigation Measure 4.6-5: If human remains are uncovered during Project construction, the J Applicants and/or their Fresno County During Project operator shall immediately halt work, contact the Fresno County Coroner to evaluate the I designees to Department of Public ~:construction_ Greenhouse Gas Emissions Impact 4.9-2: The Solar Facility could conflict with GARB's Climate Change Scoping Plan. I remains, and follow the procedures ~nd protocols set f?rth in CEQA Guide!ines_ Sec!i~n 15064.~ implement measure as Works and Planning. 1 (e)(1): If the c.ounty Coron_er ~eterm1nes that the re~am~ are Native Amencan m ong1n, the Nabve defined. De~e_lopment Services / Amencan Hentage Comm1ss1on (NAHC) Will be notified, m accordance w1th Health and Safety 1 DMslon, and/or its 1 Code Section 7050.5(c), and Public Resources Code 5097.98 (as amended by AB 2641). The j designee j 1 NAHC shall designate a Most Likely Descendent (MLD) for the remains per Public Resources I 1 1 Code Section 5097.98, and the landowner shalf ensure that the 1mmediate vicinity, according to / · I generally accepted cultural or archaeological standards or practices, where the Native American i human remains are located, is not damaged or disturbed by further development activity until the I I 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 i ~ account the~~~si~ility of multip~~ huma!:'!efl1_C!_in_s. _ _ _ _ _ j ---------------------·-----------___ , ____ -------------------------T---·---,-------~-----·-,--·----r·--·-Mitigation Measure 4.9-2: The Applicant shall utilize hermetically sealed circuit breakers and gas J Applicants and/or their Fresno County 1 During installation insulated switchgear for all SFe-containing equipment associated with the Pmject. designees to Department of Public I and operation_ I implement measure as i Works and Planning, defined. j Development Services , ., _L ___ -----I 1 Division, and/or its I _, ___________________ Jd:~!~_l1_:e ______ ------~---_ Hazards and Hazardous Materials i~Pact4~o-1:-Th~s;;i;r' ""fMiti9;tion Me~s~re4.1·0:1~ Broke~-PV-Modul; o~t;~tlo~;nd H;ndling Plan.------' !Ap~ll~nts a~dl;rtheir l"Fre;~o c-;;-;;;:;-ty --During Solar F_acilily could create a ! If PV panels containing CdTe are used, the Applicant shalf prepare and implement a Broken PV ~esignees to i Department of P~blic Facility operation, s1gn~ficant hazard to the Module Detection and Handling Plan. The plan shall describe the Applicant's plan for Identifying, I Implement measure as I Works and Planmng, pubhc or the en~ironment handling and disposing of PV modules that may break, chip, or crack at some point during the ! defined· I De~e.lopment Serv1ces through the routtne. Project's life cycle to ensure the safe handling, storage, transport, and recycling and/or disposal of 1 1 DrvJSJon. and/or 1ts transport, use, or disposal the _r:!!_~l!_le~--~f.'lf!_t:_elated electrical comp~[i_ents in a manner that is c~p!~r:r!__with appiicable la~_j__ ____________ 1 designee __ --·----'---________ _
TABLE 1 (Continued) MITIGATION MONITORING AND CONDITION COMPLIANCE PROGRAM UNCLASSIFIED CONDITIONAL USE PERMIT NOS. 3451,3452,3453,3454, 3455, 3456,3457, AND 3458 ------------~·-·-· r··---1 EIR Mitigation Measures/ Conditions of Approval ------r~:-spo~ible ~-r --I Responsible for . r· -!Implementing Actions j Verifying Compliance I Timing Environmental Impact of hazardous materials. and protective of human health and the environment The plan shall have the following elements: MITIGATION MEASURES (cont) -------·~. ·---·-·---~·----· Hazards and Hazardous Matertall (cont) ..... -·· ···---··· ·····-----· -,.... ·-······ ---···· ---··-·· ----·----.. -·· ---·······----. -·-···· -·· ----·r .. ----··-· Impact 4.10-1 (cont.) 1 • Worker health and safety provisions and handling protocol-These measures shall address j I isolating workers from the CdTe during the recovery of broken PV panels and shall include the 't ----~rology_~~~.wate~~~ity lmpact4.11-2: Dewatering during construction activities could release previously contaminated groundwater to surface water channels and/or increase sediment loading to surface water channels throu9h overland discharge and subsequent erosion, both processes , 1 following requirements: I I -Workers shall wear gloves during the handling of broken pieces of PV panels to prevent cuts J to the workers. ! . If broken pieces are separated from the PV panel. the pieces shall be C{)llected and the areal extent of the C{)llected pieces compared to the broken area on the PV panel to ensure that the pieces have been aCC{)unted for. The broken pieces shall be placed in drums, sealed boxes. puncture-proof bags, or eqwvalent 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 receiv~ 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. ·--,·~-.. «--~·--· -·---·------··--~------------·-~---·----Mitigation Measure 4.11-1: If degraded soil or groundwater is enC{)untered during excavation (e.g., there is an obvious sheen, odor, or unnatural C{)lor 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. ,. --·-···---· -·---r ··----· . -I Applicants and/or their ! Fresno County designees to i Department of Public implement measure as j Works and Planning, 1 defined. i Development Services ! i Division, and/or its ! designee I ! ! I --During construction. . could decrease water gual!!)'-~.._ ---~~~-~-·~--------·-----______.l........_,, ______ <~--~-----
TABLE 1 (Continued) MITIGATION MONITORING AND CONDITION COMPLIANCE PROGRAM UNCLASSIFIED CONDITIONAL USE PERMIT NOS. 3451,3452,3453,3454, 3455, 3456,3457, AND 3458 ------------·-·r ----------------------------------y-------------T·---~--------··r---------.--------------'! Responsible for j Responsible for 1 Environmental Impact I EIR Mitigation Measures/ Conditions of Approval Implementing Actions 1 Verifying Compliance I Timing . --. ---------------, I in surface ~terways. ·-·------··--___ -· ----=-==1 __________________ j __________________ _
TABLE 1 (Continued) MITIGATION MONITORING AND CONDITION COMPLIANCE PROGRAM UNCLASSIFIED CONDrTIONAL USE PERMIT NOS. 3451,3452, 3453,3454,3455,3456,3457, AND 3458 ~~-~~~~~-~~---~---~-~-----------------~-----r-----~-------~---r:--------~--~ --~-~----~1----~~~ ~ ~ I Responsible for 1 Responsible for I Environmental Impact EIR Mitigation Measures/ Conditions of Approval MITIGATION MEASURES (cont) -~-------···-·------------~·-~---~--~------------~·-N< ---···-----•••" ____ -···•-• ·------~------• ··--·---~--~!O~~~ndWaterQual~(co~ll__ ----------~---~---------~ -~~------~--~~--~-~ ~--~-~ ~~--Impact 4.1_1·3: Construction 1 Mitigation Measure 4.11·2: Groundwater Monitoring and Mitigation Plan. an~ operation and 1 Prior to extracting groundwater at the Solar Facility site or from nearby wells, a well survey and mal~tenance of the S~lar pump test, as well as a Groundwater Monitoring and Mitigation Plan, shall be prepared. The Plan Faetlity could substanttally is not required if groundwater is not used for the Solar Facility. These documents shall be deple!e groundwater prepared by a qualified professional geologist, hydrogeologist, or civil engineer registered in the supplies _or Jnt~rfere State of California. The documents shall be submitted by the Applicants to the County of Fresno substantially With (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 existing and/or new groundwater well(s) that would be lowering of the local installed and/or used forth~ Project: a pump-test shall be C?nducted d~ring the dry season (June groundwater table. through October). At a m1mmum, the pump test shall establish (or conf1rm): • 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 ~~~ell survey shall be conducted to locate nearby, existing groundwater wells that are or will be 1n active use, and that could potentially be impacted by the Project well(s) based upon the information gathered from the pumP-test(s). The ~~~ell survey shall include detailed information for each identified well, including but not limited to: date of installation, completed depth, screened interval, and any ava1lable 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 1 proximity (e.g., within a distance equivalent to the diameter of the radius of influence of the Project 1 well[s]) to the Project area. Monitoring shall be performed during pre-construction, construction, / and operation and maintenance of the Project, with the intent to establish pre-construction and I Project-related groundwater level trends that can be quantitatively compared against observed and/or simulated trends near the Project pumping wells and near potentially affected existing wells, if 1 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 j would occur at the Project area boundary lOcation nearest the neighboring well(s). 1 The Groundwater Monitoring and Mitigation Plan shall include a schedule for submittal of quarterly 1 data reports by the Project Owner to the Fresno County Environmental Health Department for the I' 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 au Power Blocks in the active construction or operational phase. These quarterly data reports shall be __ J~epared and s~-"2~~__t_o the County for r:_view and approval, and shall include: !Implementing Actions Verifying Compliance j Timing -~~~-~---~-~---~-,------~ ~----~ ~---~ Applicants and/or their Fresno County designees to Department of Public implement measure as Works and Planning, defined. Development Services Division, and/or its I designee ' ! i i Prior~~· I construction. I
TABLE 1 {Continued) MITIGATION MONITORING AND CONDITION COMPLIANCE PROGRAM UNCLASSIFIED CONDITIONAL USE PERMIT NOS. 3451, 3452, 3453, 3454, 3455, 3456, 3457, AND 3458 ---T---------------------------------·--··--·-----------EIR Mltlgatlon Measures/ Conditions of Approval --~--------------------~------------------, Responsible for Responsible for i 1 Implementing Actions Verifying Compliance j Timing Environmental Impact MITIGATION MEASURES (cont} --·----·-··· --·--------~---------------~---. ------·-_____ <'______ -----------------· -------.. --------· ---~-----~----··· -------~ro~y-~nd!l~r~!l~(~~) ________________________ ---------·---·-----_________ _ Impact 4.11·3 (cont.) 11. Daily usage, monthly range, and monthly average of daily water usage in gallons per day; f 12. Total water used on a monthly and annual basis in acre-feet; summary of all water level data; 1 3. Identification of trends that indicate potential for off-site wells to experience decline of water 1 I level· I I , ! 4. Identification of all sources of water by type (i.e., groundwater, surface water, municipal water) and well/location used on the Project site; 5. Water level monitoring data (trend analyses) from all pumping and monitoring wells. Based en 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 i Project Owner shall: 1) immediately reduce groundwater pumping until water levels stabilize or 1 recover to a reasonable level. and 2) establish an alternative source of water (e.g., those identified 1 by Aspen [2014)) for the remaining construction and/or operations needs of the Project, beyond r I l ' l that which can be sustainably produced from the Project well(s) (i.e., such that active off-site wells 1~ 1 are not affected, as described above). ~ --------........ ·--........ ·-----y' --------------. ..... -~---~-------------------...... -----·---------------------------,------·· ...... --·-------·--·----j ------·---------.... --------.. Impact 4.1_1-6: Construction , Implementation of Mitigation Measure 4.11·2. II Applicants and/or their : Fresno County I During and operation and I des1gnees to i Department of Public , construction. maintenance of the Solar I implement measure as Works and Planning, Facility, the Phased 1 \ defined. Development Services Decommissioning i i Division, and/or its Attematrve, or the Reduction ! ; designee Acreage Alternative could cause a cumulatively considerable contribution to a significant adverse over-draft condition in the Westside Basin. Noise I ! L Jmpact4.1~1; Operation Mltlgatl~~-M~~~4.14-1-;5u'b;i;tio~ Nol~-Co~t~.· .... ---... --.. -.jA;pii~;;~~ntitorth~lr-!F;~;-~ Co~~ty-· ·1 During Sol;r and maint_enaoce of the . The Applicant shall ensure that the combined noise levels associated with the substations do not 1 ~esignees to Department of Public ,, facility operation Solar Faahty could result 1n exceed the Fresno County exterior noise standards or the Fresno County substallon noise limit at the l'mplement measure as Works and Pfanmng, and maintenance. expos':'re of persons to norse on-site residence locations. Noise control techniques may include, but not be limited to: locating the I defined. D~':'e_lopment Sen.rrces level~ '" excess _of standards transformers with as much setback from the existing residential properties as possible, use of noise DMs1on. and/or its I and hmits established by walls or equivalent sound attenuation devices, and the use of a transformer with special noise controll designee _L Fresno County. specifications designed in a way to specifically achieve acceptable regulatory noise standards. ' -----· ---.....--i...------~-.---------~---· -·---·---·~--·~~~·-"·----·~_J___ ·~·--···
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 -----·--··---·-----·-••M ____ _ EIR Mitigation Measures/ Conditions of Approval r=--~-----·-__ , ponsible for Responsible for , ementlng Actions Verifying Compliance I Timing MITIGATION MEASURES (conl) Noise (cont.) l~;ct 4.14:.1 (co~t:) -~ Prior to the -~~~tallcrti-;;n ~fth~ -s~~t~ti~-;;-~~d-;~s;cl~ted t;~sfo,;;~, th~ Applicant sh~ll;ubm~ . ------------, to the County, for review and approval, a plan that describes the specific measures that will be ~~pac~3~' FoO<ty I ::;:E;~=:~5ii~:.::::::ty~:,:~~ "'""""' ood """ ···~-------, Appli~nts a~d~~~~-;~r-h~resno County -~D~ring-~r;--operatlon and maintenance designees to l Department of Public I Facility operation activities would result in a implement measure as i Works and Planning, I and maintenance. long-term increase in local 1 defined. i Development Services ambient noise levels. ~-! Division, and/or its . Cumulative Traffic i designee 1 -----1 Mlti~~~j~~~e~~~re 4:1'8-'I~P;i~~t-;;-t~-issuance of-;;~;~~~~ct~~-n~r building permits. the Project --~Applicants and/; their 1 Fresno C~un!;"-q ___ , ____ lPrior ~~---------! sponsor and, or rts constructron contractor shall: desrgnees to I Department of Public ! construction i • Prepare and submit a Construction Traffic Control Plan to Fresno County Divisions of Public Works implement measure as j Works and Plannin_g, and Planning and the California Department of Transportation District 6 office for approval. The defined. I D~ve_lopment Servrces Construction Traffic Control Plan must be prepared in accordance with current Caltrans standard I Drvr_sron, andtor Its plans, and both the California Manual on Uniform Traffic Control Devices and Work Area Traffic destgnee 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 sign age along access routes to indicate the presence of heavy vehicles and construction traffrc; -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 overslze load haul routes, minimizing construction traffic during the a.m. and p.m. peak hour, distributing construction traffic flow across alternative routes to access the project sites, and avoiding residential neighborhoods to the maximum extent feasible; • Obtain all necessary permits for the work within the road right of way or use of oversized/overweight vehicles that would utilize county-maintained roads, which may require California Highway Patrol or a pilot car escort Copies of the approved traffic plan and issued permits shall be submitted to the Fresno County Divisions of Public Works and Planning. • Prior to the start of construction enter into a secured agreement with Fresno County to ensure that any county roads that are demonstrably damaged by project-related activities are promptly -'--r-:e.~:-e~.ired and, if n~£eJ!~!f1,_Raved, slurry-sealed, or rec~'!~!~9~d as_~!_I~uirements of the _ l I I i I I J I -~~-·<··------... _ _1_ _____________ "-·-----~-·--·
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 -1·---------------------------·-·---------------------EIR Mitigation Measures/ Conditions of Approval i state and/or Fresno County. ----------------------------------------~, ---------------------r-·----I Responsible for I Responsible for i !Implementing Actions 1 Verifying Compliance j Timing MITIGATION MEASURES (cont) Noise (cont) --" ---·--" Cumulative Traffic (cont.) ·------------·---------------------------------------r-------Any work for the proposed intersection improvements on Manning Avenue at the Ohio and Monterey alignments first shall require that plans for the improvements be submitted to j Road Maintenance and Operations Division (RMO) for review and approval prior to issuance of any encroachment or road improvement permit for the work. I -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 i the Fresno County road right of way to help ensure that no sediment track-out is carried onto the Fresno County road from construction activities. The paved width of this access road shall be a minimum of 24 feet Any material that is deposited onto the Fresno County-maintained roadway shall be swept clean as soon as possible and at least prior to the end of each working day. Maintenance of these new access roads shall be the sole responsibility of the Applicant. The scope of any necessary repair work shall be mutually agreed upon by the Applicant and Fresno County prior to performance of the repair work Obtainment of any access easements from private property owners necessary to perform required repair work shall be the sole responsibility of the Applicant. -If the County intends to hire a firm to perform mitigation monitoring. that firm shall be under contract and the Applicant shall have a cost recovery agreement in place prior to the start of construction activities so that "before" and "after' construction conditions for the Fresno County roads can be documented. Submit documentation that identifies the roads to be used during construction. The project operator shall be responsible for repairing any damage to non-county maintained roads that may result from construction activities. The project operator shall submit a preconstruction video log and inspection report regarding roadway conditions for roads used during construction to the Fresno County Divisions of Public Works and Planning. • Subsequent to completion of construction, submit a post-construction video log and inspection report to the County. This information shall be submitted in DVD format The County, in consultation with the project operator's engineer, shall determine the extent of remediation required, if any. ------T-1 I -------------------------·--·---------...l------------------------------------------~-----------------------·····--··-·-----·-·--·----------------'--------------·--·---... _, __________ ..... --------------
TABLE 1 (Continued) MITIGATION MONITORING AND CONDITION COMPLIANCE PROGRAM UNCLASSIFIED CONDITIONAL USE PERMrT NOS. 3451,3452, 3453, 3454, 3455,3456,3457, AND 3458 -----·-·-__ , _______ ·-. -----------------~ ----r---------------·-···------r--··------------------· -T-----1 Responsible for I Responsible for l Environmental Impact EIR Mitigation Measures/ Conditions o~Approv~--_ _ _ jlmplemerttl~g ~ctions 1 Verifying Compliance i Timlng CONDrTIONS OF APPROVAL Fresno County 1. Mitigation Monitoring (Reimbursement for Third Party Monitor) . ---------------~--------· --·----------~-----· -· l The Applicant shall enter into an agreement with the County of Fresno to implement a Mitigation Monitoring and/or Reporting Plan and Condition Compliance Matrix to be administered by a third I party in accordance with Section 21081.6 of the California Public Resources Code and Section 15097 of Title 14. Chapter 3 of the California Code of Regulations. This agreement shall cover Fees shall be submitted at the time the property owner submits the signed mitigation monitoring agreement. . l ........... . I Applicant, in j ooordination with 1 Fresno County Dept of I Public Works and i Planning Development ! Services Division Within 60 days after project approval or prior to the issuance of grading and building permits. v.iflich-ever occurs first J' monitoring the Projecfs mitigation measures and conditions of approval as provided in the Mitigation Monitoring and/or Reporting Plan and Condition Compliance Matrix. --·--------.... ----. -------·-.······--------------------------------------------------. 2. Mitigation Monitoring ~-The Applicant shall enter tnto an agreement with the County of Fresno to provide funding to (Reimbursement for Staff compensate for County Staffs time in reviewing and administering any materials related to Time in Mitigation and I Mitigation Monitoring and/or Reporting. including those prepared by the third party administrator. Applicant, in coordination with Fresno County Dept of Public Wor1<s and Planning Development Services Division Condition of Approval Implementation) I ! . -----t-----------·------------------------------------------·--·-----------------------------r;:---------------------· 3. Mitigation Momtoring j' a. The Applicant Shall Enter into an Agreement Indemnifying the County for Legal Costs I Applicant, in (Indemnification) Associated with tis Approval of Unclassified Conditional Use Permit 3100. The Indemnification coordination with ! Agreement shall be submitted to the County Department of Public Works and Planning 11 Fresno County Dept of ! Development Services Division , Public Works and i I Planning Development i Services Division The Indemnification Prior to Building Agreement shall be Permits submitted to the Fresno County Dept of Public Wor1<s and Planning. Development Services Division : -------·----.. --------------------·---·------------------------__ ,~ __ _ ·---~---· ----. --~--b. The Applicant shall implement the mitigation measures adopted by the County. , Fresno County Dept. of Prior to Building Public Works and Permits ! c. Development and operation of the use shall be in conformance with the site plan, elevation i drawings, operational statement. and Reclamation Plan approved by the Commission. ~-..--'' -• ~---------•c·---.---~-~-----··-·-~·-·~----·-·--·•--•••·---·----_,_ ---.. •~ ~---.-' Site Plan Review (SPR) approval shall be required to assure compliance with setback requirements. A merger procedure shall be required to combine all affected parcels into one if: (i) any PV systems or related equipment or structures would cross over individual property boundary lines. or if (ii) mmimum setback requirements are not met and a variance application has not been approved. Planning, Development SeNices Division Fresno County Dept. of Prior to Building , Public Works and Permits : Planning, Development ! ! Services Division I ' ·-------........ " ____ ,. ___ ·------.. ·-·t··---------------···-------.. ! Applicant compliance l Fresno County Dept. of i Prior to Building i through agency-i Public Wor1<s and i Permits 1 specific applicatJon. 1 Planning, Development 1 1 permitting, and/or i Services Dtvision i t monitoring procedures. ! \ -'--·~··"'""•~------~-... ~----------------------
Environmental Impact TABLE 1 (Continued) MITIGATION MONITORING AND CONDITION COMPLIANCE PROGRAM UNCLASSIFIED CONDITIONAL USE PERMIT NOS. 3451,3452,3453,3454,3455,3456,3457, AND 3458 ! EIR Mitigation Measures/ Conditions of Approval ! Responsible for l Responsible for -------·--1----·---,.-.......... -·-·· Implementing Actions / Verifying Compliance Timing CONDITIONS OF APPROVAL (cont.} ----~ > ----------Fresno County (cont.) 4. Expiration of L~nd Use I The lif~ ofth;~-e~~h l~nd use permit (UCUP N~~: 3451: 3452~3453, 34~. 3455, 3456, 3457 and [Applicant~~plian~ Fresno c~~~ty Dept. of I Ongoing Permits and Reapplication I 3458) shall expire upon expiration of the anitial life of the solar lease or the 40-year initial life of I through agency-Public Works and ! 1 each of the projects. If the solar leases are to be extended or the mit~allife of each project extends specific application, Planning, Development i \beyond this approval. approval of new land use permits shall be obta1ned. permitting, and/or 1 Services Division i i ~monitoring procedures. i : ·5_···Site Pla~-R~~ie~····-·-·--rA Site Plan Review (SPR) Application shall be submitted fo;~pproval by the Director of the ____ ! Ap;~nt ~~--;~-~;-/ Fre~no C~unty 0-;pt~t-[ P~or to Building requirements (NOTE: This j Department of Public Works a~d Planning, in accordanC? with Section 874 of the Fresno County through age~cy~ / Public Works and J Permits language can also be i Zonrng Ordmance pnor to the ISsuance of BUIIdmg Perm1ts for each approved land use perm1t speCific application. 1 Planning, Development 1 combined with 3d) 'I (UCUP Nos. 3451, 3452, 3453, 3454, 3455, 3456, 3457 and 3458). The SPRs shall be applicable permitting, and/or I Services Division I . to those portions of the project site(s) to be improved with sub-stations, inverters. perimeter access monitoring procedures. i i I roads, parking, and driveway_ access, excluding t~e solar panel_ fields. lte~s to be addressed i I I under the SPR process may 1nclude, but are not hm1ted to. des1gn of parkmg and CirculatiOn, l ; I . driveway. access. grading and drainage, fire protection and lighting. j , .q·······-·---····--····----·--·1-·-----·--·---··-·· ·-----------· ······-····--·······~·-······-··-------------,--------·------···---···-·------6. Right-to-Farm Notification As part of the SPR submittal process for each land use permit, an agreement incorporating the ! Applicant compliance i Fresno County Dept. of Prior to 8-uildin-;-·-···-i provisions of the "Right-to-Farm" Notice (Ordinance Code Section 17.40.1 00) shall be entered into I through agency-; Public Works and Permits ! with Fresno County acknowledging the presence of surrounding agricultural operations and their i specific application. 1 Planning, Development i related activities. i permitting. and/or ! Services Division ! i i monitoring procedures. i --·-·-···--·-------·--·--··--··-r·. ··--···-. --...... ····--····--------· ... --· -. -.•.. ·······-···-------·-·-·----....•. ·--··--------··--· . ,------·---·· ·----··-·---·-·---!--·--·--·-·····--7. Fencing i The Applicant shall obtain a permit for fencing in excess of 6 feet high. ! Applicant compliance i Fresno County Dept. of ! i i through agency-\ Public Works and I I specific application, I Planning, Development , j permitting, and/or I Services Division I : monitoring procedures. i -·· +---···----··-···-·~ ---·-··· ---·-. ·----~---··--·-·· -··-·-·-·--·-·----··-------------------f ------···· --·-··· --·-······ ··f-·· ---·-·--. 8. Easements / The Applicant shall obtam private road or access easements. l Applicant compliance I Fresno County Dept. of ; Prior to Bwldlng I i through agency-1 Publ1c Warns and I Perm1ts i specific application, j Planning, Development 1 I I permitti~g. and/or I Servtces Division i ; momtonng procedures. , ···--··· ·······--· -···--·-------·-·1-----·-----··--· .. ----··· -·-·--·-·---------·---··--·-·· ···-----··!-----·-··--······· ···--·---f-···--·-···-·---·----1--·--·--·-·--9. Intersection a. The Applicant shall submit plans to Road Maintenance and Operations Division (RMO) for j Applicant, in ! Fresno County Dept. of i Plan submittal Improvements on _Manning I review and approval pr.ior to 1ss_uance of any encroachment or road improveme~t permit for any ! coordination with Public Wol1<s and i required prior to Avenue at the Oh1o and i work for the. proposed mtersect1on Improvements on Mannmg Avenue at the Oh1o and 1 Fresno County Dept. of I Planning, Road. ~-issuance of an Monterey Alignments I Monterey alignments. 1 Public Works and Maintenance and encroachment or 1 b. The improvements tor these new access roads shall be paved with asphalt concrete surfacing j Planning Road I Operations Division road improvement , for a minimum distance of 100 teet from the edge of the County road nght of way to help ensure Maintenance .and I i permit for the -··-·L--~~1 no sediment track-out is carried~~ County road from construction activities. !-~=----···L~~~atlons DIVISIOn _L_ _____________ t'~posed wo~--
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 j EIR Mitigation Measures/ Conditions of Approval CONDITIONS OF APPROVAL (cont.) ~ "--~-, --------------._ ----·-··-···------··· ... -Fresno County (cont) 9. Intersection Improvements on Manning Avenue at the Ohio and Monterey Alignments (cont.) paved width of this access road shall be a minimum of 24 feet. Any material that is deposited onto the County-maintained roadway shall be swept clean as soon as possible and at least prior to the end of each working day. c. Maintenance of these new access roads shall be solely the responsibility of the applicant. 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. Callfomla Department of Transportation 10. SR-33 ROW dedication (Power Blocks 1, 5, 6, and 8; UCUPs 3451, 3455, 3456. and 3458) Applicant-Proposed -. . 11. Worker Health: Valley Fever The Applicants for the Power Blocks adjacent to SR-33 {i.e., Power Block 1 (UCUP 3451), Power Block 5 (UCUP 3455), Power Block 6 (UCUP 3456), and Power Block 8 (UCUP 3458)] shall dedicate a five-foot right-of-way (ROW) along SR 33 for the future road widening. The distance of the appurtenance shall be measured from centerline to include the future ROW. a. limit construction workers' exposure to dust by suspending construction work in affected areas during heavy wind events or dust storms. "Affected area· is defined as a portion of the project where visible airborne dust is present. "Heavy wind event" is defined as winds in excess of 20 mph averaged over the prior 1 hour period. 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). lc ! NIOSH-approved respiratory protection with particulate filters rated as N95, N99. N100, P100 or HEPA shall be provided to construction workers. I When digg1ng a trench or performing other soil-disturbing tasks, workers shall be positioned upwind when possible. I d. Construction workers shall be trained on ways to minimize exposure to dust. ---0-·-·-------------~------...L----------~-----··---... ---~ .... -~--~ ~----~ -------------------··---~i ---·---·---------1·-----·:-------·---1 Responsible for , Responsible for I ! Implementing Actions I Verifying Compliance II Timing j I Applicant, in coordination with Caltrans Applicants and/or their designees to implement measure as defined. Caltrans Fresno County Department of Public Works and Planning, Development Services Division, and/or its designee ----~ -Secured agreement and third-party contracting {if elected by the County) required prior to the start of construction. Prior to receipt of a final certificate of occupancy for each Power Block!UCUP 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
EiR Mitigation Measures/Conditions of Approval
Responsible tor ;Responsible for
Implementing Actions j Verifying Compliance Timing
NOTES:The following NotesreferencemandatoryrequirementsofFresno Countyor other Agenciesand are providedas information tothe Project Applicant.
This Use Permit will become void,unless there has been substantial development within two years i
of the effective date of this approval
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.!
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
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.]
Because the proposed project includes land disturbances of more than five acres,the Applicant ',
will be required to obtain a National Pollution Discharge Elimination System (NPDES)General
Construction Storm Water Permit from the Regional Water Quality Control Board
The Applicant shall adhere to San Joaquin Air Pollution Control District Regulation VIII ~ Fugitive
Dust Rules.The Applicant also shall adhere to the District's permitting requirements,which include
a District-Issued Dust Control Plan and Authority to Construct (ATC)The Applicant shall consider
entering into a voluntary emission reduction agreement (VERA) with the District