Loading...
HomeMy WebLinkAbout09. Conduct a continued public hearing to consider approval of Mitigated Negative Declaration and Central San's Solar Array Project Page 1 of 51 Item 9. CENTRAL SAN BOARD OF DIRECTORS POSITION PAPER MEETING DATE: JANUARY 13, 2022 SUBJECT: CONDUCT ACONTINUED PUBLIC HEARING TO CONSIDER APPROVAL OF RESOLUTION NO. 2022-002 ADOPTING A MITIGATED NEGATIVE DECLARATIONAND MITIGATION MONITORINGAND REPORTING PROGRAM, AND APPROVING THE PROPOSED SOLAR ARRAY PROJECT ON CENTRAL SAN'S LAGISS PROPERTY; AUTHORIZE THE GENERAL MANAGER TO 1) EXECUTE AMENDMENT NO. 1 TO CENTRAL SAN'S POWER PURCHASE AGREEMENT WITH REC SOLAR; AND 2)AMEND AN EXISTING AS-NEEDED PROFESSIONAL CONSULTING SERVICES AGREEMENT WITH ARC ALTERNATIVES, INCREASING THE COST CEILING FROM $179,600 TO $229,600 SUBMITTED BY: INITIATING DEPARTMENT: RUSS LEAVITT, ENGINEERING ASSISTANT ENGINEERING AND TECHNICAL SERVICES- III RESOURCE RECOVERY MELODY LABELLA, RESOURCE RECOVERY PROGRAM MANAGER REVIEWED BY: JEAN-MARC PETIT, DIRECTOR OF ENGINEERING AND TECHNICAL SERVICES Roger S. Bailey Kenton L. Alm General Manager District Counsel ISSUE In order for REC Solar Commercial Corporation (REC Solar), also known as Duke Energy Renewables, to move forward with construction of a Solar Project on Central San's Lagiss Property, Central San's Board of Directors (Board) must adopt the appropriate California Environmental Quality Act (CEQA) documentation and approve the project. In addition, Board authorization is required to amend existing agreements over$200,000. January 13, 2022 Special Board Meeting Agenda Packet- Page 54 of 260 Page 2 of 51 BACKGROUND At its November 5, 2020 meeting, the Board awarded a Power Purchase Agreement (PPA)to REC Solar for a solar photovoltaic system on Central San's property. After its substantial design, a draft Mitigated Negative Declaration (MND) has been prepared under CEQA for construction and operation of a 1.75 megawatt solar panel array. The project would be located on approximately 8.2 acres of a 48-acre parcel at 4451 Blum Road in unincorporated Martinez (assessor's parcel number 159-140-042-7), which is owned by Central San, and referred to as the "Lagiss parcel" (see Attachment 1). The proposed solar panel array would be accessed from the northern end of Blum Road via extension of an existing private driveway and encircled by a service road and perimeter fence. The existing surface area to be covered by the proposed, ground-mounted, solar panel modules is approximately 2.5 acres. Combined, solar panel modules together with the service road and driveway, the area covered is approximately 4 acres of the 8.2 acres. The remainder (4.2 acres) is generally retention basins or aisle space between rows of solar panels, with only a minor area being used for inverters; panelboards; main photovoltaic switchboard; step-down, pad-mounted transformer; and intertie switchgear. The connection to PG&E will occur on Blum Road. As Lead Agency under CEQA, Central San has conducted an Initial Study of the proposed project to determine if it would have a significant effect on the environment. Staff has concluded that the Initial Study adequately, accurately, and objectively evaluates the environmental impacts of the proposed project, and that a MND is the appropriate document to address the environmental effects of the project. The Initial Study is included as part of the proposed MND that was made available to the Board. The proposed MND, including its most recent updates, are available at https://www.centralsan.org/solar. The proposed MND (State Clearinghouse #2021070215)finds that there is no substantial evidence before Central San that the proposed project would have significant effects on the environment. Mitigation measures have been incorporated into the project to reduce potentially significant impacts to less-than- significant levels. These measures are discussed in the proposed MND and included in its proposed Mitigation Monitoring and Reporting Program (Attachment 2). The deadline for receiving comments was August 13, 2021, and two comments were received, one from the Contra Costa County Airport Land Use Commission (ALUC) and one from the California Department of Fish and Wildlife (CDFW). These comments and Central San's responses are presented in Attachment 3. The CDFW letter and subsequent follow-up meetings between Central San and CDFW staff resulted in several new mitigation measures being added to the Mitigation Monitoring and Reporting Program, after Real Estate, Environmental and Planning (REEP) Committee review on August 16, 2021, to address the potential loss of burrowing owl habitat. These measures included the performing of additional burrowing owl monitoring and, if warranted, acquisition of habitat mitigation bank credits or establishment of a nearby conservation easement. Before the proposed project may be approved, the Board must consider any comments received during the MND's public review process and the public hearing, and then consider approval of the appropriate CEQA documentation (a MND is recommended in this case). Then, the Board may consider approval of the proposed project. While not required by law or Central San procedures, it has been Central San's customary practice to hold public hearings in advance of the adoption of MNDs. Holding a hearing on the proposed MND would be consistent with this practice. On September 2, 2021, the Board opened and continued a public hearing to receive comments on the MND and the proposed project in order to further refine the project's biological mitigation measures. This agenda item includes the continuation of that public hearing. Since then, staff has obtained a burrowing owl habitat mitigation analysis letter from the environmental January 13, 2022 Special Board Meeting Agenda Packet- Page 55 of 260 Page 3 of 51 regulatory consulting firm of Huffman-Broadway Group (HBG) of San Rafael, CA(Attachment 4). Itis the opinion of HBG that"the revised mitigation measures proposed by Central San—consisting of a combination of a restricted construction window, pre-construction 2022 breeding season surveys, and compensatory burrowing owl habitat mitigation at a 1:1 ratio of like-for-like habitat, if evidence of burrowing owls is discovered during the pre-construction surveys, is more than sufficient to mitigate the potential incremental and cumulative effects of Central San's solar array project on both burrowing owl range and populations of burrowing owl." As a result, the mitigation has been refined to be contigent on the discovery of one or more burrowing owls on the project site during four biological surveys in 2022. If the Board approves both the MND and project at this meeting, a Notice of Determination will be filed with the County Clerk. REC Solar will then begin applying for project permits and other approvals from regulatory agencies. Prior to construction commencing, staff will return to the Board with an update on the results of the surveys and, if necessary, request the Board's approval to implement the planned mitigation measures. Since the time the Board approved execution of the PPA with REC Solar, the project has been moving forward through the design and pre-permitting processes. Increases in the project cost, due to the site access requirements by the Contra Costa County Fire Protection District and slightly higher-than- anticipated costs of the PG&E grid interconnection, have added costs to the project, resulting in a change order request by REC Solar for an increase in the price of its solar power. After a thorough review by Central San's staff and consultant,ARC Alternatives (ARC), staff is recommending the Board's approval of the project and Amendment No. 1 to the PPA, which will increase the cost of solar power from $0.0866 to $0.10 per kilowatt hour(kWh). This rate adjustment and changes to the design and schedule result in a need to update a number of sections in our PPA, which will be addressed in Amendment No. 1. Sections/content in the PPA to be updated in Amendment No. 1 include: early termination fees, purchase option values, milestones, schedule, layout, annual production values, etc. Staff is also recommending that Central San continue to retain solar consultant,ARC, and increase the ceiling of their existing as-needed consulting agreement by$50,000 to support Central San through the construction and commissioning of the Solar Array Project. ARC's experience in implementing solar projects for public agencies in California has been invaluable in guiding Central San in the development and implementation of this project. Staff hired ARC in April 2019, after an informal selection process, and initially executed an as-needed consulting services contract for$29,600. After exemplary performance, staff has continued to add scope and budget, under staff authority, to ARC's contract. Tasks have included: supporting the implementation of Central San's Solar Project from scoping to procurement to contract negotiations and design review, performing an energy efficiency audit at Central San's main campus, performing an evaluation of the performance of Central San's existing solar arrays, and developing procurement documents for a lighting efficiency replacement project at the treatment plant. As ARC's contract amount is reaching the limit of the General Manager's authority, staff is seeking the Board's authorization for the General Manager to raise the cost ceiling of ARC's existing as-needed consulting agreement from $179,600 to $229,600. ALTERNATIVES/CONSIDERATIONS 1. Deny or defer adoption of the MND or Mitigation Monitoring and Reporting Program. This action would prevent or delay moving forward with the potential approval of the project. If approval of the MND or Mitigation Monitoring and Reporting Program is denied, direction should be given to staff as to which issues require further documentation. 2. Deny or defer approval of the proposed project. This action would prevent or delay moving forward with project construction. If approval of the proposed project is denied or deferred, direction should be given to staff as to how to proceed. January 13, 2022 Special Board Meeting Agenda Packet- Page 56 of 260 Page 4 of 51 1 n terms of the other staff-recommended Board actions, the Board could decide not to authorize the General Manager to execute the PPA amendment, but that is not recommended, as it would halt implementation of the Solar Array Project. The Board could also decide not to authorize the General Manager to increase the cost ceiling on ARC's as-needed professional consulting services agreement. That is also not recommended, as ARC's significant knowledge and experience in implementing solar projects in California have been invaluable in ensuring a high-quality solar project for Central San at substantial savings over the term of the PPA. FINANCIAL IMPACTS The increase in the cost of solar energy from $0.0866 to $0.10 per kWh will result in a net additional cost of$425,000 to Central San over the 25-year PPA term. Even with that additional cost and depending on the ultimate CEQA mitigation costs, the project will save Central San several million dollars over the 25- year term of the PPA with REC Solar and can be structured, financially, to comply with the Board's Energy Policy, which requires PPAs for renewable energy projects to be cash-positive within five years. Staff will return to the Board later this year, after the four burrowing owl nesting season biological surveys are completed, to provide an update on the CEQA mitigation costs and seek the Board's approval, if needed, to implement the appropriate mitigation. At that time, staff will review the financial options (fund all costs through the PPA vs. Central San cash-funding certain elements)for the project. Additional details on the financial options are included in the attached presentation. COMMUNITY OUTREACH I n compliance with the Central San's CEQA Guidelines, in August 2021, legal notices were published in the Contra Costa Times and San Ramon Valley Times newspapers of general circulation in the area affected by the proposed project. The legal notices announced Central San's intent to adopt a MND and the availability of the document at www.centralsan.org/solar for a 30-day public review period. Additionally, copies of the notice were mailed to affected public agencies and property owners in the Blum Road area. Similar legal notices were published on January 3, 2022, and mailings were sent to the Blum Road neighborhood for this continued public hearing. COMMITTEE RECOMMENDATION The REEP Committee reviewed this matterat its meeting on August 16, 2021, and supported staff's recommended Board actions. The REEP Committee has not reviewed the latest refinement of the project's biological mitigation measures, which were made subsequent to the September 2, 2021, Board meeting. RECOMMENDED BOARD ACTION Staff recommends the Board: 1. Conduct a continued public hearing on the Mitigated Negative Declaration. Barring any irresolvable public comments to the contrary, approve the proposed resolution (Attachment 5) adopting the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and approving the proposed Solar Panel Array Project on Central San's Lagiss property; 2. Authorize the General Manager to execute Amendment No. 1 to Central San's Power Purchase Agreement with REC Solar that includes a solar energy purchase price increase from $0.0866 to $0.10 per kilowatt-hour; and 3. Authorize the General Manager to amend an existing as-needed professional consulting services agreement with ARC Alternatives, increasing the cost ceiling from $179,600 to $229,600. January 13, 2022 Special Board Meeting Agenda Packet- Page 57 of 260 Page 5 of 51 Strategic Plan re-In GOAL ONE: Customer and Community Strategy 2—Maintain a positive reputation GOAL TWO: Environmental Stewardship Strategy 4- Reduce reliance on non-renewable energy GOAL THREE: Fiscal Responsibility Strategy 1—Maintain financial stability and sustainability ATTACHMENTS: 1. Proposed Solar Project Location Map 2. Mitigation Monitoring and Reporting Program 3. Comments and Responses 4. Burrowing Owl Habitat Mitigation Analysis Letter 5. Proposed Resolution 6. Presentation January 13, 2022 Special Board Meeting Agenda Packet- Page 58 of 260 CENTRAL 5AN . •_ - " - -S VIK 680 Rai + ( ! '� �� p + \ Basin C fit } ''� `�:�Qi!lip!'irpfl'"'�� � Lagiss Buffer Prapecty d,," i< C } k l h 1l' q Existing Fence Proposed Fence y Contours �." Proposed Solar Array Proposed 20'Wide Access Road Retention Basin Proposed by uke Energy- Location .! Page 7 of 51 ATTACHMENT 2 CENTRAL SAN SOLAR PANEL ARRAY PROJECT 4451 BLUM ROAD IN UNINCORPORATED MARTINEZ MITIGATION MONITORING AND REPORTING PLAN Introduction This document presents the Mitigation Monitoring and Reporting Plan (MMRP) for the Central San Solar Panel Array Project at the north end of Blum Road. This MMRP is required by Public Resources Code Section 21081.6 and Section 15097 of the CEQA Guidelines. Mitigation Monitoring and Reporting Plan This MMRP includes the mitigation measures identified in the Mitigated Negative Declaration (MND) required to avoid or reduce potential impacts related to construction or operation of the proposed project. The MMRP is organized in a table format, keyed to each potential impact and each MND mitigation measure. Mitigation measures are presented in the table and are coded by number to the appropriate MND section. Column headings in the table are defined as follows: • Measure Number: This column lists the label used for the corresponding mitigation measure as listed in the MND. • Mitigation Measure: This column contains the mitigation measures to be implemented. • Implementation Procedure: This column contains a description of the action(s) that need to be taken to comply with the purpose and intent of each mitigation measure. • Monitoring and Reporting Actions: This column contains an outline of the appropriate steps to verify compliance with the mitigation measure. • Monitoring Responsibility: This column contains an assignment of responsibility for the monitoring and reporting tasks. In most cases, the solar vendor REC Solar Commercial Corporation, aka Duke Energy Renewables (REC/Duke) has these responsibilities. • Monitoring Schedule: The general schedule for conducting each monitoring and reporting task, identifying, where appropriate, both the timing and the frequency of the action. 2-1 January 13, 2022 Special Board Meeting Agenda Packet- Page 60 of 260 TABLE 1 CENTRAL SAN SOLAR PANEL ARRAY PROJECT 4451 BLUM ROAD IN UNINCORPORATED MARTINEZ MITIGATION MONITORING AND REPORTING PROGRAM Measure Mitigation Measure Implementation Procedure Monitoring and Reporting Actions Monitoring Monitoring Schedule Number Responsibility Biology 111-1 BUOW avoidance surveys(also termed"pre- Multiple surveys may be 1) Review construction schedule and Central San 1) Retain qualified biologist and construction surveys")shall be conducted no necessary, based upon the determine appropriate coverage so that oar n„ke assess coverage needs prior to more than two(2)weeks prior to any ground schedule and work progress. BUOW avoidance surveys(also termed the start of construction disturbance. BUOW avoidance surveys are "pre-construction surveys")are recommended for ground mount conducted no less than two(2)weeks 2) Conduct each survey two weeks In addition, perform three(3)supplemental prior to ground disturbance. installation, perimeter service prior to any ground disturbance. BUOW surveys by a qualified biologist during road and access driveway the February 1 through August 31 nesting 2) Review findings report to be submitted 3) Throughout construction,after construction, utility trench each survey,file a compliance season immediately preceding project excavation,and equipment pads. by the qualified biologist within 24 hours construction. The target of the surveys will be after his/her survey. report. expanded to include adjacent land within If installation of ground mounts approximately 500 feet of the project site or to for arrays are staggered over an 3) Findings and photographs will be the limit of Central San's fee-owned land. elapsed time of one month or conveyed to CDFW staff. longer, it is recommended that 4 Based upon the re-construction survey Surveys shall be conducted by a qualified separate surveys be performed ) findings, if burrowing owls are found on biologist following Burrowing Owl Survey for each array. Protocol methods. or next to the project site,one of the following additional mitigation measures (III-2A or III-2B)shall be implemented: 111-2A If burrowing owls are found to occupy an area If fenced,the restricted area after 1) Qualified biologist to document the Central San Throughout construction,after each of construction or an area proximate to the it is fenced shall not be entered BUOW fence and coordination with RPC D-ke monitoring event by the qualified construction during September 1 to January or disturbed. Work can proceed CDFW. biologist,file a simple internal 31 (non-breeding season): but only outside the fenced area. compliance report in the project file. 2) Qualified biologist periodically during In this event, occupied burrows and additional If passive relocation is nesting system shall check the integrity buffer zone shall be fenced per the CDFW recommended by the qualified of the BUOW fence. Staff Report on Burrowing Owl Mitigation. biologist,the qualified biologist will implement passive relocation 3) Contractor shall note BUOW resource Only as a last resort,if avoidance is not in accordance with the plan zone avoidance in the worker possible praetieal, passive relocation maybe approved by CDFW. Work can awareness/safety training log. implemented in accordance with a Burrowing proceed outside the restricted Owl Exclusion Planl submitted to and 4)Applies to Relocation Only. BUOW area and can resume inside the relocation has attendant requirements approved by CDFW. restricted area only after for owl banding,long-term monitoring certification of BUOW relocation. relative to success criteria,and reporting. 1 See CDFW Staff Report on Burrowing Owl Mitigation,Appendix E,March 7,2012. https://nrm.dfg.ca.gov/FileHandler.ashx?DocumentlD=83843&inline 2-2 January 13, 2022 Special Board Meeting Agenda Packet- Page 61 of 260 TABLE 1 (continued) CENTRAL SAN SOLAR PANEL ARRAY PROJECT 4451 BLUM ROAD IN UNINCORPORATED MARTINEZ MITIGATION MONITORING AND REPORTING PROGRAM Measure Mitigation Measure Implementation Procedure Monitoring and Reporting Actions Monitoring Monitoring Schedule Number Responsibility Biology—(continued) III-213 If burrowing owls are found to occupy an area Occupied burrows and additional The qualified biologist shall initially inspect Central San Throughout construction,after each of construction or an area proximate to the buffer zone will be fenced, the exclusion fence and posting and, RPCID,ke monitoring event by the qualified construction during February 1 to August 31 posted, and avoided,without thereafter,shall periodically inspect biologist,file a simple compliance (breeding season): disturbance during the entire compliance. Based upon personal report. nesting season. reconnaissance of the site,the qualified This eVeRt Cep n Rat ems+^ tiGipated n�+r„^+;ten view of�,.he�„�e biologist shall certify when it is feasible to resume work at the end of the nesting season. u^,.,e„e• Actions under this contingency are described below, in case an adjustment to the proposed construction schedule becomes necessary. If burrowing owls are found, ground-disturbing activities will follow guidance avoid occupied burrows and additional buffer zone will be aveided,without disturbance during the entire nesting season. III-3 If BUOW are found on the site, Central San For on-site mitigation, For the case of on-site mitigation(only), Conservator For the case of on-site mitigation 41-G commits to compensatory mitigation in the conservation land will be placed the conservator would perform annual (only),surveys would be performed approximate amount of 8.2 acres of the into a conservation easement for BUOW nesting season surveys to check on-site each year during February 1 through Lagiss parcel or else 8.2 acres off site in a the benefit of BUOW. For for actual presence of BUOW. Findings mitigation only) August 31. conservation bank. For the"on-site” optional off-site mitigation, and photographs would be communicated mitigation option,a conservation easement mitigation credits would be annually to CDFW. Special-status would be placed on the Lagiss parcel. Long- purchased in a conservation species or natural communities detected term monitoring and conservatorship by a bank. during the surveys would be reported to Conservator approved by CDFW would be the CNDDB. For the case of off-site funded by endowment paid by Central San. mitigation,credit purchase would be reported and there would be no recurring monitoring or reporting actions. III-4 Actual collision-or electrocution-induced If bird or bat mortality is Monitor bird and bat mortality monthly for Central San Discretionary, as needed. [ADDED] mortality on birds or bats caused by the observed,a Bird and Bat the initial start-up period of two years. If proposed project is speculative. Conservation Strategy(BBCS) the null result is observed, monitoring will will be developed and be reduced or phased out. implemented. 2-3 January 13, 2022 Special Board Meeting Agenda Packet- Page 62 of 260 TABLE 1 (continued) CENTRAL SAN SOLAR PANEL ARRAY PROJECT 4451 BLUM ROAD IN UNINCORPORATED MARTINEZ MITIGATION MONITORING AND REPORTING PROGRAM Measure Mitigation Measure Implementation Procedure Monitoring and Reporting Actions Monitoring Monitoring Schedule Number I I I I Responsibility Cultural Resources IV-5 To avoid potential inadvertent disturbance of Include requirements for worker 1) Note resource zone avoidance in the REC/Duke 1) Prior to the approval of W-8 off-site historical resources during notification/orientation during worker awareness/safety training log. construction contract. construction,off-site vehicle and pedestrian safety meetings,signage,and travel will be prohibited except on the access installation of fencing in 2) Check daily signs posted along the 2) Before construction,for ordering road. This can be accomplished with a construction contract fence. Replace as needed. appropriate signage to be posted combination of worker notification/orientation specifications. along the fence. during safety meetings,signage,and 3 Dail or week) during worker installation of either temporary fencing or the Construction staging is prohibited ) y y g permanent security fence early in the in the protected resource zone. awareness/safety meetings. schedule. IV-6 In the event of discovery of suspected The System Operator and 1) System Operator and contractor would REC/Duke As needed. IV-4 archaeological resources or buried human contractor would consult with the contact the County coroner and contact remains,construction will be halted. County coroner, identified Holman&Associates(archaeologist). descendants,—if any are identified by the Native American 2) Qualified archaeologist would be Heritage Commission (NAHC),— responsible for assessing and and/or a qualified archaeologist, documenting the discovery. depending on the nature of the 3) Consult with representatives identified discovery. in previous consultation with parties identified by the NAHC. Air Quality VIII-7 The construction project would implement Include requirements for dust 1) Review construction contract;verify REC/Duke 1) Prior to the approval of N1111_5 basic mitigation measures recommended by suppression and anti-trackout of consistency with BAAQMD Basic Dust subcontract for construction of the BAAQMD and listed in Table 8(see MND silt onto Blum Road, in Control Measures. roads. Section VIII,page 57). With implementation of construction contract 2) Initially before earth disturbance. the basic mitigation measures and compliance specifications. 2) Construct anti-trackout measures for with applicable Regulation 6, Rule 6,of the removing soil from truck tire treads 3) Periodically check posted limits BAAQMD,the proposed project would not during road grading,sub- conflict with the CAP. 3) Post idling time and travel speed excavation,and construction. restrictions. 2-4 January 13, 2022 Special Board Meeting Agenda Packet- Page 63 of 260 TABLE 1 (continued) CENTRAL SAN SOLAR PANEL ARRAY PROJECT 4451 BLUM ROAD IN UNINCORPORATED MARTINEZ MITIGATION MONITORING AND REPORTING PROGRAM Measure Mitigation Measure Implementation Procedure Monitoring and Reporting Actions Monitoring Monitoring Schedule Number Responsibility Utilities and Service Systems XII-8 Drainage outlets and retention basins around Incorporate permanent Review construction contract;verify REC/Duke 1) Prior to the approval of X+I-6 the perimeter service road have been stormwater controls as shown in consistency with SWCP. subcontract for construction of designed so as not to alter the overall existing the SWCP into the contract roads. drainage pattern or volume of runoff, documents and drawings. concentrate runoff at unengineered collection 2) Periodically during backfilling with points,or accelerate erosion. These features select fill materials and geotextile will be constructed as shown in the SWCP. fabric. XII-9 Assure that EOL recycling of components and Incorporate recycling Review System Operator's contract;verify REC/Duke 1) Before demolition in 25-40 years. X11 7 materials(e.g.,glass,aluminum)is performed requirements into the System contract consistency with recycling at end in a responsible sustainable way. Operator's contract. of project useful lifetime. 2) Periodically review EOL requirements every 5 years Geology and Solis XIV-10 A Geotechnical Engineering Investigation Construction contract to include 1) Review construction contract;verify REC/Duke 1) Prior to approval of the project's �C+V 8 Report has been performed to ascertain soil the specifications and details for compliance. final design plans and and bedrock conditions across the site,so that ground mounts, racking, and construction contract. appropriate load-bearing values and depths are concrete equipment pads. 2) Inspect construction activities to verify used in the design(NV5,2021). California that design standards are implemented. 2) weekly or as appropriate during Building Code Sections 1806 and 1807.4 construction. address load-bearing values and embedded post or poles. Construction of the proposed project shall incorporate recommendations of the Geotechnical Engineering Investigation Report for ground mounts,access driveway, perimeter service road,trenches,and flatwork. 2-5 January 13, 2022 Special Board Meeting Agenda Packet- Page 64 of 260 TABLE 1 (continued) CENTRAL SAN SOLAR PANEL ARRAY PROJECT 4451 BLUM ROAD IN UNINCORPORATED MARTINEZ MITIGATION MONITORING AND REPORTING PROGRAM Measure Mitigation Measure Implementation Procedure Monitoring and Reporting Actions Monitoring Monitoring Schedule Number Responsibility Hydrology and Water Quality XV-11 Implement on-site features recommended in Construction contract to include 1) Review construction contract. REC/Duke 1) Prior to the approval of grading XV-P the SWCP and Geotechnical Engineering the retention pond limits, raised subcontract. Investigation Report such as raised curbs, curbs, retention basins, rip rap 2) Verify compliance of work as-built with retention basins,and rip rap spillways,and spillways, and geotextile fabric. specifications in the contract. 2) Weekly during construction of the geotextile fabric to accommodate stormwater road and driveway extension. runoff,minimize erosion,and retain 3) Upon completion of the road. incremental runoff volumes added by proposed impermeable surfaces. XV-12 Prepare a Stormwater Pollution Prevention Construction contract to include 1) Review construction contract. REC/Duke 1) Prior to the approval of X+1 19 Plan (SWPPP)with practices to be the retention pond limits, construction subcontract for implemented by the System Operator and spillways, utility trench for 2) Verify compliance of work as-built with seeding. Contractor, such as seeding, mulching, interconnection. specifications in the contract. installation of silt fence and straw wattle. 2) During each key seeding event. Revegetation subcontractor to be selected in consultation with preparer of the SWCP and SWPPP. XV-13 Implement the measures recommended in Construction contract to include 1) Review construction contract. REC/Duke 1) Prior to the approval of grading X-V-1-4 the SWCP during construction of the the retention pond limits, raised subcontract. perimeter service road and driveway so as asphalt curbs, and spillways. 2) Verify compliance of work as-built with not to alter the overall drainage pattern of specifications in the contract, permit 2) Weekly during construction of the the site. Along the asphalt paved segments approval and conditions issued by road and driveway extension. of the perimeter service road, install the Contra Costa County Fire Prevention raised asphalt curb, where shown, to direct Bureau's Engineering Unit. 3) Upon completion of the road. stormwater runoff to appropriate outlets to proposed retention basins. XV-14 Prepare the perimeter service road and Include requirements for fences 1) Review construction specifications; REC/Duke 1) Prior to the approval of fence XV-12 security fence first during construction to in construction contract. verify incorporation of fence construction subcontract. minimize off-road travel, rainy season soil requirements;add to administrative disturbance, and related erosion. record. 2) Upon completion of the perimeter security fence. 2) Inspect construction site security fence to verify compliance with fence requirements. 2-6 January 13, 2022 Special Board Meeting Agenda Packet- Page 65 of 260 TABLE 1 (continued) CENTRAL SAN SOLAR PANEL ARRAY PROJECT 4451 BLUM ROAD IN UNINCORPORATED MARTINEZ MITIGATION MONITORING AND REPORTING PROGRAM Measure Mitigation Measure Implementation Procedure Monitoring and Reporting Actions Monitoring Monitoring Schedule Number Responsibility Hydrology and Water Quality—(continued XV-15 Revegetate with ground cover as soon as Requirements for revegetation will 1) Review construction contract;add to REC/Duke 1) Prior to the approval of XV 13 possible after finishing racking and installation of be included in construction contract administrative record. revegetation subcontract. panels. and construction documents. 2) Periodically inspect construction site; 2) Periodically after grading for the verify compliance with the revegetation driveway,perimeter service road, plan. and retention basins. Subsequently, monthly,after 3) Add telephone memos,and/or erection of ground mounts and correspondence to administrative racking. record. NOTES: Mitigation measure III-0 was moved and re-numbered as III-3. Measure III-4 was added. Measures IV-3 and IV-4 were re-numbered as IV-5 and IV-6 and subsequent measures-5 through-13 were-re-numbered as-7 through-15. 2-7 January 13, 2022 Special Board Meeting Agenda Packet- Page 66 of 260 Page 14 of 51 ATTACHMENT 3 COMMENTS AND RESPONSES TO COMMENTS Two comments on the proposed Mitigated Negative Declaration have been received. A. Contra Costa County Airport Land Use Commission (ALUC), Jamar Stamps, AICP, ALUC staff, August 19, 2021. B. California Department of Fish and Wildlife (CDFW), Stacy Sherman, Acting Regional Manager, Bay Delta Region, August 12, 2021. Copies of the comments follow, along with Central San's responses. A — ALUC, JAMAR STAMPS, AICP ALUC STAFF, AUGUST 19, 2021 Al. Meeting Notes. The Central San Solar Array Project was discussed by the ALUC at its August 19, 2021 regular meeting. After hearing from staff and a project representative, the ALUC concluded that the proposed project does not contain characteristics that result in inconsistencies with Airport Land Use Compatibility Plan (ALUCP) compatibility criteria. A Solar Glare Hazard Report prepared in accordance with Federal Aviation Administration (FAA) guidance resulted in no significant ocular hazards. Additionally, the FAA Obstruction Evaluation/Airport Airspace Evaluation determined the proposed project results in no hazard to air navigation. The ALUC approved staff's recommendation that the Commission find the proposed project consistent with the ALUCP and approve the project with the following condition: • Glare or distracting lights, which could be mistaken for airport lights, could pose a flight hazard and shall be shielded downward to ensure they do not aim above the horizon. Response. The ALUC's favorable finding and approval are appreciated. The project lighting plans are already consistent with the ALUC condition, in that all lights will be pointed down and will have photocells and motion detection. They are intended for emergency use and will not always be on. 3-1 January 13, 2022 Special Board Meeting Agenda Packet- Page 67 of 260 Page 15 of 51 B - CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE, STACY SHERMAN, ACTING REGIONAL MANAGER, BAY DELTA REGION, AUGUST 12, 2021 Introductory Comments B1. Jurisdiction. CDFW's role is as a Trustee Agency under CEQA. As noted in its comment, CDFW also may be a Responsible Agency under CEQA for those projects requiring its discretionary approval such as California Endangered Species Act (CESA) Permit, a Lake and Streambed Alteration Agreement, or other provisions set forth in the California Fish and Game Code. Response. Central San acknowledges CDFW's role as a Trustee Agency under CEQA. Central San as Lead Agency and project proponent has not identified any potential for CESA impacts and does not seek a CESA Permit or a Lake and Streambed Alteration (LSA) Agreement for work in a surface water or for work that could divert or obstruct natural flow or deposit material where it may pass into a surface water. B2. Listed Species. Central San acknowledges that take of candidate, threatened or endangered species is prohibited under CESA. Response. The proposed project will disturb approximately 8.2 acres of non-native grassland habitat suitable for nesting and foraging by a California Species of Special Concern, namely the western burrowing owl (BUOW). The proposed project will not impact any CESA-listed species. Certain protections are afforded to species listed under CESA. Although petitions have been filed as early as 2003 seeking to list BUOW as threatened or endangered, BUOW remains a Species of Special Concern which is not listed under CESA. B3. Notification. CDFW requires notification before engaging in project activities that affect lakes or streams or their associated riparian habitat. Work within ephemeral streams, washes, watercourses with a subsurface flow, and floodplains also are subject to this notification requirement. Any activity that may divert or obstruct natural flow or deposit material where it may pass into a river, lake, or stream also are subject to this notification requirement. Response. Central San acknowledges the notification and Lake and Streambed Alteration Agreement (LSA) requirements related to streambed or floodplain alteration. One of the project siting criteria was elevation outside the 100-year flood plain. Central San has assessed its proposed project and has determined that such activities or actions that require notification and are subject to an LSA Agreement would not be performed. B4. Migratory Non-Game Birds or Raptors. CDFW has jurisdiction over actions that may result in the disturbance or destruction of active nest sites or the unauthorized take of migratory non-game birds or raptors. 3-2 January 13, 2022 Special Board Meeting Agenda Packet- Page 68 of 260 Page 16 of 51 Response. Central San acknowledges CDFW's jurisdiction. No further comment is warranted. 1135. Project Description. CDFW recites certain aspects of the project description contained in the Mitigated Negative Declaration (MND). Among other project elements, CDFW recognizes that the project footprint is approximately 8.2 acres within a larger 48-acre parcel owned by Central San. The area to be covered by a perimeter service road, driveway extension, and ground-mounted solar modules is approximately one-half of the 8.2 acres. Response. The project description as summarized In CDFW's comment letter generally is accurate with the exception of project construction timeframe. Owing to delays by PG&E, construction of the proposed project likely will be delayed to September 2022-January 2023. This September—January window was selected by Central San to avoid work during the nesting period of the Western burrowing owl (Athene cunicularia). The construction window for the proposed project has been restricted to the BUOW non-breeding season September— January. The construction schedule is stated in the MND, Section 1: Project Description, on page 5. Central San wishes to clarify further that the proposed project would have fixed ground mounts with modules oriented permanently toward the southwest and tilted approximately 21 degrees from horizontal. Because the modules would be fixed, without tracking, at no time would they form a flat lake appearance. The proposed project also would not include any form of concentrated solar power such as parabolic mirrors and would not include overhead collecting lines or guy wires for tall structures. Intertie to the existing grid would be underground. The low perimeter fence would include conventional chain link topped with three strands of barbed wire. After construction, operations activities conducted within the 8.2-acre footprint would be infrequent, mainly related to inspection and maintenance. The panel washing service interval would be approximately every six months (twice yearly). Remote monitoring telemetry would enable collecting information about system status without need to staff the facility or performed more frequent inspection. 1136. Setting. The environmental setting as summarized in CDFW's comment letter generally is descriptive of existing conditions on the project site and within the larger 48- acre Lagiss parcel. CDFW notes that on and adjacent to the project site are active colonies of fossorial mammals including, but not limited to, California ground squirrel (Otospermophilus beecheyi), which is a surrogate species for the burrowing owl (Athene cunicularia). CDFW continues as follows: Within a two-mile radius hof the project site]are designated open space areas including portions of the Martinez Park Reserve and the Waterbird Regional Preserve. These neighboring, adjacent, and two-mile radii private and public open space areas hold potential habitat and positive occurrence records of 3-3 January 13, 2022 Special Board Meeting Agenda Packet- Page 69 of 260 Page 17 of 51 special-status species, including but not limited to, the State Species of Special Concern the burrowing owl (Simi, 2008). Response. Central San notes that BUOW sightings in the general vicinity of the project site and recorded in the California Natural Diversity Database (CNDDB) were made in 1991, 2008, and 2016. As shown in Figure 4 in the MND, BUOW sightings included sightings approximately 0.8 mile north of the project site near Walnut Creek in 1991, 1.6 miles south of the project site at Buchanan Field Airport in 2008, and 4.4 miles northeast of the project site near Port Chicago Highway in 2016. None of these BUOW sightings as recorded in the CNDDB included nesting BUOW. Central San also wishes to clarify that the existing 48-acre Lagiss parcel, which is leased for cattle grazing, is comprised of non-native grassland, a 75 feet X 600 feet strip of oak and buckeye trees adjacent to the northeast of the project site, and seasonally ponded wetland area to the north of the project site. The trees are not particularly dense but provide potential habitat for nesting or perching birds and roosting bats. The 8.2-acre project site itself consists of non-native grassland within the Lagiss parcel and excludes any of the above-described areas of ponded water, trees, brush or scrub, which are summarized by CDFW. The Lagiss parcel is designated in the Contra Costa County General Plan as Public/Semi Public (PS) land. It is zoned by the County for Heavy Industry (H-1). The Lagiss parcel and other lands owned by Central San were acquired over a period of many years for the multiple purposes of i) securing expansion land for new or expanded wastewater treatment facilities, ii) creating basin storage capacity for peak wet weather flows, and iii) protecting neighbors with buffer land around the treatment plant. Mission goals of Central San, in addition to treating wastewater in a safe, effective, and reliable manner, are to protect public health and the environment. Technical Comments B7. BUOW Habitat. CDFW comments that avoidance measures described in the MND do not mitigate permanent loss of BUOW habitat that would result from the proposed project. Depletion of BUOW nesting aPA-or foraging habitat is considered a significant effect. Response. Central San acknowledges CDFW's comment. The Final MND adds compensatory mitigation for permanent loss of BUOW habitat. This can be accomplished by placing specified land within the Lagiss parcel into a conservation easement, or, optionally, by participation in compensatory mitigation through credit purchase in one of either the Noonan Ranch.,-Gr Muzzy Ranch, or Cayetano Creek mitigation banks. Credit purchase is tentatively estimated at $20,000 per acre to $482-5,000 per acre. This is equivalent to $164,000 to $393,600 to $205,00for 8.2 acres (1:1 mi+i^a rain) or $492,000 to $615,000 for 24.6 aures (3:1 mitigation raUG) If the monitoring and administrative aspects can be streamlined,—as indicated in the preliminarily teleconference with CDFW staff on August 16, 2021,—Central San may prefer to 3-4 January 13, 2022 Special Board Meeting Agenda Packet- Page 70 of 260 Page 18 of 51 place specified land within the Lagiss parcel into a conservation easement. This preference assumes that the net present value of recurring monitoring and administrative costs do not exceed approximately $400164,000 (8.2 aGres) er $,000492 000 (24.6 aGres) As discussed with CDFW staff on August 16, 2021, the Lagiss parcel, owing to its location remote from the wastewater treatment plant (WWTP), likely will remain in use for cattle grazing for the foreseeable future. Much of the Lagiss parcel already is encumbered by PG& E electrical transmission easement, natural gas transmission pipeline easement, and SFPP petroleum product pipeline easement. Existing easements criss-cross the Lagiss parcel and effectively limit its use to non- developed uses such as cattle grazing. Assuming the streamlined monitoring and administration scenario, Central San will coordinate with CDFW to establish a conservation easement within the Lagiss parcel that will benefit BUOW. Central San would like to emphasize that its existing land holdings have provided habitat for various species for over 30 years, even without the conservation easement that is being contemplated. Other land not placed into a conservation easement will continue to be available indefinitely or until needed for WWTP expansion or other improvements necessary to fulfill Central San's mission goals. B8. Project Effects on BUOW. CDFW comments that the proposed project construction and operations could potentially result in nest abandonment, reduced survival rates of BUOW owlets, and disturbance during breeding and foraging. CDFW views these to be potential effects of the proposed project notwithstanding the results of future reconnaissance surveys or past observations of the Lagiss parcel during previous surveys. Response. Central San acknowledges CDFW's comment. Past observations were conducted by qualified biologists during the BUOW wintering season on January 31, 2020, and during the BUOW nesting season on May 15, 2020. The biologist observed ground squirrel burrows without BUOW individuals or other signs of BUOW habitation. However, even if the project site is not currently used by BUOW, Central San acknowledges that the habitat is suitable for BUOW breeding, wintering, and foraging. B9. BUOW Burrow Exclusion. CDFW comments that all possible avoidance and minimization measures should be exhausted before resorting to exclusion and closure of BUOW burrows. Only if avoidance is not possible should active relocation of BUOW be performed. Active relocation would be insufficient as a mitigation measure unless performed in conjunction with compensatory mitigation and a BUOW Relocation Plan. Response. Central San acknowledges CDFW's comment that avoidance of disturbance is the preferred BUOW mitigation strategy and further that exclusion and closure of BUOW burrows is a last resort. B10. BUOW Relocation. CDFW further comments that relocation, if performed, requires a BUOW Relocation Plan, with attendant owl banding, long-term monitoring 3-5 January 13, 2022 Special Board Meeting Agenda Packet- Page 71 of 260 Page 19 of 51 relative to success criteria, and reporting. The objective of this follow-up is to monitor and report on the success of the relocation. Response. Central San acknowledges CDFW's comment and would comply with the requirements if avoidance of BUOW were not possible. B11. Avoidance and Minimization Measures. CDFW recommends that the MND incorporate specific and enforceable avoidance and minimization measures to avoid and minimize take of burrowing owls, eggs, owlets, and nesting and foraging habitat. Specific mitigation or monitoring measures recommended in CDFW's comment letter include the following: 1) Restricted work window; 2) Compensatory mitigation in the form of a conservation easement over adjacent lands within the Lagiss parcel to compensate for BUOW habitat depletion; 3) Before construction, a minimum of four (4) survey visits of the project site, and additional land within 500 feet of the project site, to be conducted by qualified biologists during the owls' breeding season which February 1 through August 31; and, 4) During and after construction, continued biological monitoring throughout the construction and operations of the proposed project. Response. In regard to Item B11.1, the construction window for the proposed project has been restricted to the BUOW non-breeding season September— January. Central San acknowledges CDFW's recommendation to supplement the restricted project construction window, as proposed, with additional mitigation and monitoring measures (Items B11.2 through 1311.4). In regard to Items B11.2 through B11.4, the Final final MND adds compensatory mitigation and monitoring (see Attachment 2). B12. BUOW Surveys. In specific regard to BUOW surveys, CDFW comments that these should be performed during the owls' breeding season which February 1 through August 31. CDFW further comments that at least four (4) separate survey visits should be performed. The target of the surveys should be expanded to include not only the project site but also adjacent land within 500 feet of the project site. Response. Central San observes that the next opportunity for such surveys is the 2022 breeding season. The proposed pre-construction survey will be supplemented with three (3) additional surveys during the breeding season immediately preceding construction. Findings and photographs will be conveyed to CDFW staff. B13. Compensatory Mitigation. CDFW commented that compensatory mitigation could be effective for mitigation of BUOW habitat depletion and could reduce the level of the proposed project's effect to a less-than-significant effect. Response. In specific regard to compensatory mitigation, Central San acknowledges CDFW's comments in regard to both the significance of BUOW 3-6 January 13, 2022 Special Board Meeting Agenda Packet- Page 72 of 260 Page 20 of 51 habitat depletion and the available means of mitigation by compensatory conservation of identified habitat. Mitigation ratios identified by CDFW range from 1:1 to 3:1 (conservation to loss). B14. Administrative Conditions. CDFW commented further on certain administrative conditions necessary for implementation of compensatory mitigation. Conditions listed in CDFW's comment letter include the following: 1. Conservation lands or mitigation areas for BUOW should be approved by CDFW prior to the start of project-related activities. 2. Conservation lands should be placed under a Conservation Easement with CDFW listed as a third-party beneficiary and an endowment should be funded for managing the lands for the benefit of the BUOW species in perpetuity. 3. Additionally, a long-term Land Management Plan should be prepared and implemented by a land manager approved by CDFW. 4. The grantee of a Conservation Easement should be an entity that has been vetted by CDFW to hold conservation lands. Response. As discussed with CDFW staff in preliminary tele-conference on August 16, 2021, for on-site mitigation, land to be specified within the Lagiss parcel could be acceptable for in-kind, compensatory mitigation. Administrative conditions B14.2 through 1314.4 could be streamlined to enable Central San to administer this in house. For optional off-site mitigation, mitigation credits would be purchased in a conservation bank. B15. Grassland Birds. CDFW in its comment letter provides background information concerning grassland birds, which are birds that depend on grasslands for breeding or foraging. CDFW's comment letter states: Breeding Bird Surveys (BBS) conducted by the U.S. Geological Survey Biological Resources Division and volunteers throughout the country show that grassland birds, as a group, have declined more than other groups, such as forest and wetland birds (Brennan and Kuvlesky 2005; MRCS 1999). The BBS shows that in California, grassland birds such as the western meadowlark (Sturnella neglecta), and State Species of Special Concern the burrowing owl, have shown population declines since 1966 (Sauer et al., 2019). CDFW recommends at a minimum an equal amount of land with primary purpose of habitat conservation should be enhanced and conserved elsewhere to offset the loss of habitat for grassland birds. Response. The Final MND adds this information regarding the severe state of depleting California grasslands suitable for BUOW and other grassland-dependent bird species. The proposed project itself would use a relatively small acreage for the proposed solar photovoltaic (PV) project; however, in combination with other urban land development in western Contra Costa County the effect is cumulatively considerable. Historical context suggests the overwhelming evidence that BUOW population and range have diminished or have been eliminated due to land development. 3-7 January 13, 2022 Special Board Meeting Agenda Packet- Page 73 of 260 Page 21 of 51 Historically, within the San Francisco Bay Area (SFBA), BUOW had been numerous across much of Santa Clara, Alameda, and Contra Costa Counties in the 1900s. In San Mateo and Solano Counties, BUOW were only locally abundant with sustainable populations in specific portions of those counties, such as southwestern Solano County. BUOW are no longer abundant, or possibly have experienced extirpation of local populations, in western Contra Costa County, western Alameda County, and most of Santa Clara County, with the exception of a handful of nesting owls near NASA Ames Research Center and Mineta San Jose International Airport. Western Contra Costa County and western Alameda County along the East Bay shore have experienced a loss of occupied habitat due to build-out within the last 50 years. BUOW colonies along the East Bay shore have vanished from sites where they historically lived and bred, such as Oakland International Airport and Martin Luther King Shoreline Park. Within the SFBA, eastern Contra Costa County and eastern Alameda County may support the last healthy breeding populations in their original historical habitat. Continued threats to BUOW include habitat loss, current exclusion methods, California ground squirrel pest control practices (i.e., poisoning), and inadequate mitigation acreage (Townsend and Lenihan, 2007).1 B16. General Avian and Bat Impacts. CDFW comments that the MND should evaluate the cumulative effects of loss of habitat as an indirect cause of avian mortality for grassland birds. Breeding Bird Surveys (BBS) conducted by the U.S. Geological Survey Biological Resources Division and volunteers throughout the country show that grassland birds, as a group, have declined more than other groups, such as forest and wetland birds. Response. Central San acknowledges CDFW's comments concerning cumulative effects. See also Response to Comment A8138. B17. Compensatory Mitigation Ratio. CDFW comments on the amount of land adequate to offset the loss of habitat for grassland birds. The acreage of enhanced and conserved land should be at least equal to the acreage of depletion or up to 3X the area of depletion. Response. Central San acknowledges CDFW's recommendation. Further response is not warranted. B18. Bird Collisions with PV Equipment. CDFW comments that avian interactions with solar PV facilities are not well researched. The primary threats appear to be from collisions and electrocutions. Collisions with PV equipment can include direct collisions into guy wires or transmission lines. Response. Central San wishes to clarify that guy wires and overhead transmission or collection lines are not proposed. As stated in the MND, Section 1: Project Description, page 2, the top edge of the highest fixed-tilt panels would be approximately 6 feet above ground level, allowing for 1.3 feet of ground clearance. 1 Townsend,Susan, and Colleen Lenihan,2007. Burrowing Owl Status in the Greater San Francisco Bay Area, in Proceedings of the California Burrowing Owl Symposium, 2007, pp. 60-69. 3-8 January 13, 2022 Special Board Meeting Agenda Packet- Page 74 of 260 Page 22 of 51 The perimeter fence would be 7 feet tall overall, with six feet of chain link and an additional 1 foot composed of three strands of barbed wire. Intertie to the PG&E grid would be via underground conduit andop wer line. B19. Lake Effect. Other collisions are less understood such as the "lake effect" (i.e., perception of PV surfaces as waterbodies), first described in Horvath et al. (2009). Utility-scale PV facilities may attract migrating waterfowl and shorebirds through the "lake effect." Response. Central San wishes to clarify that the proposed project would not have tracking solar modules. Tracking refers to the use of servo motors and movable racks to allow the panels to rotate and tilt for optimal insolation during the day. The proposed project would use fixed ground mounts and racks and fixed-tilt panels tilted at approximately 21 degrees from horizontal. The proposed tilt of 21 degrees is not close to upward-facing, being sloped compared to a kitchen table orientation. The effect of fixed tilt is that adjacent rows of panels will never lie in the same plane and, therefore, will not look like a lake's surface. B20. Power Lines. CDFW comments that when lines, or other related infrastructure with the potential to cause take, cannot be placed underground, appropriate avian protection designs should be employed. All overhead lines should be fitted with bird flight diverters or visibility enhancement devices. As a minimum requirement, the collection system power lines should conform to the most current edition of the Avian Power Line Interaction Committee guidelines to prevent electrocutions. Response. Power lines such as collection system power lines and other overhead lines or guy wires are not proposed. See also Response to Comment B5. B21. Avian and Bat Mortality Surveys. CDFW recommends that the MND include a requirement for monitoring of avian and bat mortality. Weekly or twice weekly surveys are suggested to meet the following objective of documenting the rate of birds and bats killed at the project site and evaluate effectiveness of adaptive management measures implemented to reduce mortality. Response. Central San believes CDFW's comment is made in the context of an assumption that the proposed project would construct overhead power lines (see Comment B20). Since concentrating power structures or overhead lines are not proposed, the concern expressed by CDFW may not warrant monitoring or, at the least, may not warrant intensive weekly or twice weekly monitoring. B22. Bird and Bat Conservation Strategy. To mitigate potential avian and bat mortality induced by the proposed project, CDFW continues that the MND should include a requirement to develop an Avian and Bat Protection Plan or a Bird and Bat Conservation Strategy (BBCS) in coordination with the U.S. Fish and Wildlife Service (USFWS) and CDFW. One purpose of the BBCS is to assess potential risks to birds and bats based on the proposed activities. Response. Central San believes the context of CDFW's comment includes an assumption that the proposed project would construct overhead power lines, concentrating power structures, or other overhead lines or guy wires. Since none of 3-9 January 13, 2022 Special Board Meeting Agenda Packet- Page 75 of 260 Page 23 of 51 these features is proposed, the risk of bird or bat interaction with such structures would not be present. Regular human presence at the proposed facility is not proposed. Remote monitoring telemetry would enable collecting information about system status without need to staff the facility or performed more frequent inspection. Operations would include infrequent panel washing, on a service interval of six months (twice yearly). B23. CNDDB Reporting. CDFW comments that data sharing is required and, specifically, that any special-status species or natural communities detected during project surveys must be reported to the California Natural Diversity Database (CNDDB). Response. Central San acknowledges the comments and will require its consulting biologists to report such findings to CNDDB as a condition of contractual agreements. 11324. Filing Fees. CDFW comments on fees that serve to help defray the cost of environmental review by CDFW. Said fees are payable upon filing of the Notice of Determination by the Lead Agency. Response. Central San acknowledges the comment. Central San routinely pays the CDFW fee when it files Notices of Determination. Proposed Mitigation and Monitoring Actions B25. Feasible Mitigation Measures and Monitoring. CDFW comments that the feasible mitigation measures described above should be incorporated as enforceable conditions into the final CEQA document for the proposed project. Response. To ensure significant impacts are adequately mitigated to less-than- significant effects, Central San has added the following provisions for impact mitigation and monitoring: 1. Mitigation of Cumulative Effect. Depletion of BUOW habitat caused by the proposed project is incrementally modest. However, in the context of other past, current, and future foreseeable development, the effect on BUOW is cumulatively considerable. Therefore, Central San commits to compensatory mitigation in approximatethe approximate amount qfup4e 8_224 acres of the Lagiss parcel or else 8.2 acres off site in a conservation bank. For the "on- site" mitigation option, a conservation easement would be placed on the Lagiss parcel. Long-term monitoring and conservatorship by a Conservator approved by CDFW would be funded by endowment paid by Central San... Gonserya+inn land will be planed iRto a nor servation easement for the benefit lei--B-d-Q-tl-tl 2. Monitoring of Conservation Land. For the case of on-site mitigation (only), the conservator would performTe monitor the effentiyeRess of the above eenPeRsatery;rit ga!GR,Getral SaR GOMMitS tG peFferm BUOW nesting season surveys seasonally to check for actual presence of BUOW. Findings and photographs will be communicated annually to CDFW. Special-status species or natural communities detected during project surveys will be 3-10 January 13, 2022 Special Board Meeting Agenda Packet- Page 76 of 260 Page 24 of 51 reported to the CNDDB. For the case of off-site mitigation, credit purchase would be reported and there would be no recurring monitoring or reporting actions. 3. Pre-construction surveys. The proposed project includes a restricted construction window (September to January). The draft MND includes one (1) pre-construction survey for BUOW to avoid inadvertent take of BUOW individuals. In addition, Central San commits to perform three (3) supplemental BUOW surveys by a qualified biologist during the February 1 through August 31 nesting season immediately preceding project construction. The target of the surveys will be expanded to include adjacent land within approximately 500 feet of the project site or to the limit of Central San's fee-owned land. Findings and photographs will be conveyed to CDFW staff. 4. Contingency for BUOW Relocation. Relocation, if performed, would be subject to implementation under a BUOW Relocation Plan, with attendant owl banding, long-term monitoring relative to success criteria, and reporting. The objective of this follow-up is to monitor and report on the success of the relocation. 5. Contingency for Other Grassland Birds and Bats. Potential for project- induced mortality on other grassland birds or bats as described by CDFW was premised on utility-scale, solar power-generating facilities that use overhead power collection lines, concentrating power stations, or other technologies. Such overhead power lines and other technologies are not proposed. Actual collision- or electrocution-induced mortality on birds or bats caused by the proposed project, therefore, is speculative. Nevertheless, Central San commits to monitor bird and bat mortality for the initial start-up period of two years. If bird or bat mortality is observed, a Bird and Bat Conservation Strategy (BBCS) will be developed and implemented. If the null result is observed, monitoring will be reduced or phased out. 3-11 January 13, 2022 Special Board Meeting Agenda Packet- Page 77 of 260 Page 25 of 51 Comment Letters 3-12 January 13, 2022 Special Board Meeting Agenda Packet- Page 78 of 260 Page 26 of 51 Airport Contra John Kopchik Land Use (� Director Commission Costa Aruna Bhat County Deputy Director c/o Department of Conservation & Development Jason Crapo Deputy Director 30 Muir Road Martinez, CA 94553 Maureen Toms �=- Deputy Director Phone: 1-855-323-2626 -_ _ Kara Douglas g Assistant Deputy Director Kelli Zenn Business Operations Manager August 19,2021 Russell Leavitt,Environmental Coordinator Central Contra Costa Sanitary District 5019 Imhoff Place Martinez, CA 94553 RE: Application Review—Central San Solar Panel Array ALUC File#AC21-0003 Assessor Parcel Number 159-140-042 Dear Mr. Leavitt: At the August 19, 2021 meeting of the Contra Costa Airport Land Use Commission ("ALUC" or "Commission"), the Commission approved a motion (vote: 5-0-1) determining the subject project is consistent with the Contra Costa Airport Land Use Compatibility Plan ("ALUCP"). The project was approved subject to the following condition: 1. Glare or distracting lights, which could be mistaken for airport lights, could pose a flight hazard and shall be shielded downward to ensure they do not aim above the horizon. If you have any questions, please do not hesitate to contact me at (925) 655-2917 or e-mail at jamar.stampsgdcd.cccoun, .us. Thank you for the opportunity to review the subject project. Sincerely, Jamar Stamps,AICP ALUC staff cc: ALUC Commissioners January 13, 2022 Special Board Meeting Agenda Packet- Page 79 of 260 DocuSign Envelope ID:3F6E9872-F52F-4AA7-B1F4-5C1B15C938B2 Page 27 of 51 State of California— Natural Resources Agency GAVIN NEWSOM, Governor DEPARTMENT OF FISH AND WILDLIFE CHARLTON H.BONHAM, Director °* w�'_ ` a Bay Delta Region 2825 Cordelia Road, Suite 100 Fairfield, CA 94534 "•a Fo ,a.. (707)428-2002 www.wildlife.ca.gov August 12, 2021 Mr. Russell B. Leavitt Central Contra Costa Sanitary District 5019 Imhoff Place Martinez, CA 94553 RLeavitt()-centralsan.org Subject: Central San Solar Panel Array, Initial Study/Mitigated Negative Declaration, SCH No. 2021070215, Contra Costa County Dear Mr. Leavitt: The California Department of Fish and Wildlife (CDFW) received a Notice of Intent to Adopt a Mitigated Negative Declaration from the Central Contra Costa Sanitary District (Central San) for the Central San Solar Panel Array Project (Project) pursuant the California Environmental Quality Act (CEQA). CDFW is submitting comments on the Initial Study/Mitigated Negative Declaration (IS/MND) to inform Central San, as the Lead Agency, of our concerns regarding potentially significant impacts to sensitive resources associated with the proposed Project. CDFW is providing these comments and recommendations regarding those activities involved in the Project that are within CDFW's area of expertise and relevant to its statutory responsibilities (Fish and Game Code, § 1802), and/or which are required to be approved by CDFW (CEQA Guidelines, §§ 15086, 15096 and 15204). CDFW ROLE CDFW is a Trustee Agency with responsibility under CEQA (Pub. Resources Code, § 21000 et seq.) pursuant to CEQA Guidelines section 15386 for commenting on projects that could impact fish, plant, and wildlife resources. CDFW is also considered a Responsible Agency if a project would require discretionary approval, such as a California Endangered Species Act (CESA) Permit, a Lake and Streambed Alteration (LSA) Agreement, or other provisions of the Fish and Game Code that afford protection to the state's fish and wildlife trust resources. REGULATORY REQUIREMENTS California Endangered Species Act CESA prohibits unauthorized take of candidate, threatened, and endangered species. Therefore, if take' of any species listed under CESA cannot be avoided either during Fish and Game Code§86:"Take"means hunt,pursue,catch,capture,or kill,or attempt to hunt, pursue,catch,capture,or kill. Conserving California's Wildlife Since 1870 January 13, 2022 Special Board Meeting Agenda Packet- Page 80 of 260 DocuSign Envelope ID:3F6E9872-F52F-4AA7-B1F4-5C1B15C938B2 Page 28 of 51 Mr. Russell B. Leavitt Central Contra Costa Sanitary District August 12, 2021 Page 2of8 Project activities or over the life of the Project, a CESA Incidental Take Permit (ITP) is warranted (pursuant to Fish and Game Code Section 2080 et seq.). Issuance of a CESA ITP is subject to CEQA documentation; therefore, the CEQA document should specify impacts, mitigation measures, and a mitigation monitoring and reporting program. If the proposed Project will impact any CESA-listed species, early consultation is encouraged, as significant modification to the Project and mitigation measures may be required to obtain a CESA ITP. More information on the CESA permitting process can be found on the CDFW website at https://www.wildlife.ca.gov/Conservation/CESA. Lake and Streambed Alteration CDFW requires an LSA Notification, pursuant to Fish and Game Code section 1600 et. seq., for Project activities affecting lakes or streams and associated riparian habitat. Notification is required for any activity that may substantially divert or obstruct the natural flow; change or use material from the bed, channel, or bank including associated riparian or wetland resources; or deposit or dispose of material where it may pass into a river, lake or stream. Work within ephemeral streams, washes, watercourses with a subsurface flow, and floodplains are subject to notification requirements. CDFW will consider the CEQA document for the Project and may issue an LSA Agreement. CDFW may not execute the final LSA Agreement (or ITP) until it has complied with CEQA as a Responsible Agency. Migratory Birds and Raptors CDFW also has jurisdiction over actions that may result in the disturbance or destruction of active nest sites or the unauthorized take of birds. Fish and Game Code Sections protecting birds, their eggs, and nests include 3503 (regarding unlawful take, possession or needless destruction of the nests or eggs of any bird), 3503.5 (regarding the take, possession or destruction of any birds-of-prey or their nests or eggs), and 3513 (regarding unlawful take of any migratory nongame bird). Fully protected species may not be taken or possessed at any time (Fish and Game Code Section 3511). PROJECT DESCRIPTION SUMMARY Proponent: Central Contra Costa Sanitary District Objective: The Project would construct and operate a 1 .75-megawatt solar panel array on approximately 8.2 acres of a 48-acre parcel owned by Central San, hereby referred to as the "Lagiss Parcel." The proposed solar panel array would be accessed from the northern end of Blum Road via extension of an existing private driveway. The proposed solar panel array would be encircled by a service road and perimeter fence. The existing surface area to be covered by the proposed ground-mounted solar panel modules is approximately 2.5 acres. Combined, solar panel modules together with the service road and driveway, the area covered is approximately 4.0 acres of the 8.2 January 13, 2022 Special Board Meeting Agenda Packet- Page 81 of 260 DocuSign Envelope ID:3F6E9872-F52F-4AA7-B1F4-5C1B15C938B2 Page 29 of 51 Mr. Russell B. Leavitt Central Contra Costa Sanitary District August 12, 2021 Page 3 of 8 acres. The remainder (4.2 acres) is generally retention basins or aisle space between rows of panels, with only minor area being used for inverters; panelboards; main photovoltaic (PV) switchboard; step-down, pad-mounted transformer; and intertie switchgear. Location: The Project is located at 4451 Blum Road in an unincorporated area of Martinez, California 94553, within Contra Costa County. The Project will occur on Assessor's Parcel Number 159-140-042-7. The approximate Project center coordinate is Latitude 38.006693, Longitude -122.073393. Timeframe: The Project is planned to commence September 2021 be completed by January 2022. ENVIRONMENTAL SETTING The Project site is located within a parcel currently being utilized for grazing by cattle and horses. This grazing area is comprised of non-native grassland with intermixed forbs and a stand of oak woodland to the northeast of the Project site which provides potential habitat for nesting birds and roosting bats. Also, within and adjacent to the grazing area are wetland depressions, palustrine wetlands, and vernal pools, all of which support obligate and facultative wetland plants and provide potential habitat for rare plants such as Congdon's tarplant (Centromadia parryi ssp. congdonii). On and adjacent to the Project site are active colonies of fossorial mammals including, but not limited to, California ground squirrel (Otospermophilus beecheyi), which is a surrogate species for the burrowing owl (Athene cunicularia). Overland flow, pooling, and ponding areas to the north of the Project hold the potential to drain into a tributary of, and the salt marshes and sloughs of, Pacheco Creek. The Project site is immediately surrounded by mowed grasslands to the east, industrial usage adjacent to salt marsh areas to the north, and mixed residential and industrial use to the west, south, and southeast. The immediate neighboring properties contain native and ornamental trees, and other vegetation and infrastructure, that provide potential nesting habitat for birds and potential roosting habitat for bats. Adjacent properties contain public and privately owned open space areas comprised of annual grassland, salt marsh, riparian oak woodland, and coyote brush scrub. Within a two-mile radius are designated open space areas including portions of the Martinez Park Reserve and the Waterbird Regional Preserve. These neighboring, adjacent, and two- mile radii private and public open space areas hold potential habitat and positive occurrence records of special-status species, including but not limited to, the State Species of Special Concern the burrowing owl (Simi, 2008), the 1 B.1 rare plant on the California Native Plant Society's Rare Plant Ranking system Congdon's tarplant (Mardesich & Powell, 2005), and the State Species of Special Concern the Suisun song sparrow (Melospiza melodia maxillaris) (Museum of Vertebrate Zoology, 2005). January 13, 2022 Special Board Meeting Agenda Packet- Page 82 of 260 DocuSign Envelope ID:3F6E9872-F52F-4AA7-B1F4-5C1B15C938B2 Page 30 of 51 Mr. Russell B. Leavitt Central Contra Costa Sanitary District August 12, 2021 Page 4of8 COMMENTS AND RECOMMENDATIONS CDFW offers the below comments and recommendations to assist Central San in adequately identifying and/or mitigating the Project's significant, or potentially significant, direct and indirect impacts on fish, wildlife, and plant (biological) resources. Impacts to Burrowing Owls Whereas the MND does identify significant impacts to burrowing owls caused by the Project, the Mitigation Measures III-2A and III-213 provided on page 28 of the MND seeks avoidance and minimization of acute impacts to individuals yet does not compensate or mitigate for the loss of nesting and foraging habitat caused by the Project. The Project has the potential to adversely impact the species through permanent and temporary losses of nesting and foraging habitat. Please note that the permanent loss of habitat for the species is considered significant in and of itself and should be mitigated regardless of the current level of disturbance or reconnaissance survey results. The Project may also result in additional impacts to burrowing owls through nest abandonment, loss of young, and reduced health and vigor of owlets (resulting in reduced survival rates) and breeding and foraging disturbance through the operation of Project activities, both during and after construction. Please be advised that CDFW does not consider exclusion of burrowing owls or passive relocation as a take avoidance, minimization, or mitigation method, and considers exclusion as a significant impact. The long-term demographic consequences of exclusion techniques have not been thoroughly evaluated, and the survival rate of evicted or excluded owls is unknown. All possible avoidance and minimization measures should be considered before temporary or permanent exclusion and closure of burrows is implemented in order to avoid take. While active relocation is not considered as take avoidance, minimization, or mitigation, if avoiding impacts to burrowing owls is not possible, active relocation of burrowing owls can be performed as a tool in conjunction with compensatory mitigation. Active relocation will require a relocation plan that includes owl banding, success criteria, long-term monitoring, management, and reporting in order to evaluate the success of the technique and determine the survival rate of relocated owls. To ensure impacts to burrowing owls are mitigated to less-than-significant, CDFW recommends the MND should incorporate specific and enforceable avoidance and minimization measures to avoid and minimize take of burrowing owls, eggs, owlets, and nesting and foraging habitat. These measures should include: 1) a restricted work window; 2) biological monitoring throughout the course of the Project; 3) in accordance with the 2012 CDFW Staff Report on Burrowing Owl Mitigation (available at: https://nrm.dfq.ca.qov/FileHandier.ashx?DocumentlD=83843), a minimum of four survey visits should be conducted within 500 feet of the Project area during the owls' breeding season which is typically between February 1 and August 31 by qualified biologists; and January 13, 2022 Special Board Meeting Agenda Packet- Page 83 of 260 DocuSign Envelope ID:3F6E9872-F52F-4AA7-B1F4-5C1B15C938B2 Page 31 of 51 Mr. Russell B. Leavitt Central Contra Costa Sanitary District August 12, 2021 Page 5 of 8 4) inclusion of compensatory mitigation in the form of conserved lands for burrowing owl habitat impacts. At a minimum, mitigation ratios for these habitat impacts should be at 3:1 (conservation to loss) for permanent impacts, and 1:1 (conservation to loss) for temporary impacts. Conserved lands for owls should include presence of burrowing owls and ground squirrel burrows, well-drained soils, abundant and available prey within proximity to burrows, as well as foraging, wintering, and dispersal areas. The location of mitigation areas for burrowing owls should be approved by CDFW prior to the start of project-related activities. Conservation lands should be placed under a Conservation Easement with CDFW listed as a third-party beneficiary and an endowment should be funded for managing the lands for the benefit of the species in perpetuity. Additionally, a long-term management plan should be prepared and implemented by a land manager and approved by CDFW. The grantee of the Conservation Easement should be an entity that has gone through the due diligence process for approval by CDFW to hold or manage conservation lands. General Avian and Bat Impacts The MND should evaluate the cumulative effects of loss of habitat as an indirect cause of avian mortality for grassland birds. Breeding Bird Surveys (BBS) conducted by the U.S. Geological Survey Biological Resources Division and volunteers throughout the country show that grassland birds, as a group, have declined more than other groups, such as forest and wetland birds (Brennan and Kuvlesky 2005; NRCS 1999). The BBS shows that in California, grassland birds such as the western meadowlark (Sturnella neglecta), and State Species of Special Concern the burrowing owl, have shown population declines since 1966 (Sauer et al., 2019). CDFW recommends at a minimum an equal amount of land with primary purpose of habitat conservation should be enhanced and conserved elsewhere to offset the loss of habitat for grassland birds. In addition, although avian interactions with PV facilities are not well researched, the primary threats appear to be from collisions and electrocutions. Collisions with PV equipment can include direct collisions into guy wires or transmission lines. Other collisions are less understood such as the "lake effect" (i.e., perception of PV surfaces as waterbodies), first described in Horvath et al. (2009). Utility-scale PV facilities may attract migrating waterfowl and shorebirds through the "lake effect", where birds and/or insects mistake a reflective solar facility for a waterbody and collide with the structures as they attempt to land on the panels. Injuries from collisions with collectors/reflectors may result in acute and direct take (Kagan et al. 2014), or stranding. Stranding can occur when an individual is injured by collision impact and is unable to take off or when they require a running start on the water's surface. The MND should include measures to reduce the risks of avian collisions such as adding special patterns to the PV panels. Linear features such as generator-tie lines, collector lines, and interior and perimeter fences all present collision hazards for birds, and electric lines present a potential January 13, 2022 Special Board Meeting Agenda Packet- Page 84 of 260 DocuSign Envelope ID:3F6E9872-F52F-4AA7-B1F4-5C1B15C938B2 Page 32 of 51 Mr. Russell B. Leavitt Central Contra Costa Sanitary District August 12, 2021 Page 6 of 8 electrocution hazard (Huso, et al. 2016). All aboveground lines should be fitted with bird flight diverters or visibility enhancement devices. When lines, or other related infrastructure with the potential to cause take, cannot be placed underground, appropriate avian protection designs should be employed. As a minimum requirement, the collection system should conform with the most current edition of the Avian Power Line Interaction Committee guidelines to prevent electrocutions, found at: https://www.aplic.org/mission. The MND should include a requirement for weekly or twice-weekly avian mortality surveys to meet the following objectives: • Estimate the total number of birds and bats killed at the Project site within a specified time period. • Determine whether there are spatial or temporal/seasonal patterns of total bird fatality. • Evaluate species composition and which taxonomic groups may be at risk. • Provide results that allow comparisons with other solar sites and to evaluate changes in fatality due to adaptive management. The MND should include a requirement to develop an Avian and Bat Protection Plan or Bird and Bat Conservation Strategy (BBCS) in coordination with the U.S. Fish and Wildlife Service (USFWS) and CDFW. The purpose of the BBCS is to: • Describe baseline conditions for bird and bat species present within the Project site, and adjacent where influenced by the Project, including results of site- specific surveys. • Assess potential risk to birds and bats based on the proposed activities. • Specify conservation measures that will be employed to avoid, minimize, and/or mitigate any potential adverse effects to these species. • Describe the incidental monitoring and reporting that will take place during construction. • Provide details for post-construction monitoring. • Specify the adaptive management process that will be used to address potential adverse effects on avian and bat species. January 13, 2022 Special Board Meeting Agenda Packet- Page 85 of 260 DocuSign Envelope ID:3F6E9872-F52F-4AA7-B1F4-5C1B15C938B2 Page 33 of 51 Mr. Russell B. Leavitt Central Contra Costa Sanitary District August 12, 2021 Page 7of8 ENVIRONMENTAL DATA CEQA requires that information developed in environmental impact reports and negative declarations be incorporated into a database which may be used to make subsequent or supplemental environmental determinations. [Pub. Resources Code, § 21003, subd. (e)]. Accordingly, please report any special-status species and natural communities detected during Project surveys to the CNDDB. The CNNDB field survey form, online field survey form, and contact information for CNDDB staff can be found at the following link: https://wildlife.ca.gov/data/CNDDB/submitting-data. FILING FEES The Project, as proposed, would have an impact on fish and/or wildlife, and assessment of filing fees is necessary. Fees are payable upon filing of the Notice of Determination by the Lead Agency and serve to help defray the cost of environmental review by CDFW. Payment of the fee is required in order for the underlying project approval to be operative, vested, and final. (Cal. Code Regs., tit. 14, § 753.5; Fish and Game Code, § 711.4; Pub. Resources Code, § 21089). CONCLUSION To ensure significant impacts are adequately mitigated to a level less-than-significant, the feasible mitigation measures described above should be incorporated as enforceable conditions into the final CEQA document for the Project. CDFW appreciates the opportunity to comment on the IS/MND to assist Central San in identifying and mitigating Project impacts on biological resources. Questions regarding this letter or further coordination should be directed to Andrew Chambers, Environmental Scientist, at (707) 266-2878 or Andrew.Chambers(a)wildlife.ca.gov; or Melissa Farinha, Environmental Program Manager, at (530) 351-4801 or Melissa.Farinha(a)wildlife.ca.gov. Sincerely, DocuSigned by: Stray Seke....a„ 692D02 1CA4F7_. Stacy Sherman Acting Regional Manager Bay Delta Region CC' Office of Planning and Research, State Clearinghouse (SCH No. 2021070215) January 13, 2022 Special Board Meeting Agenda Packet- Page 86 of 260 DocuSign Envelope ID:3F6E9872-F52F-4AA7-B1F4-5C1B15C938B2 Page 34 of 51 Mr. Russell B. Leavitt Central Contra Costa Sanitary District August 12, 2021 Page 8 of 8 REFERENCES Brennan, L., & Kuvlesky, W. (2005). North American grassland birds: an unfolding conservation crisis? The Journal of Wildlife Management, 69(1), 1-13. Horvath, G., Kriska, G., Malik, P., & Robertson, B. (2009). Polarized light pollution: a new kind of ecological photopollution. Frontiers in Ecology and the Environment, 7(6), 317-325. Huso, M., Dietsch, T., & Nicolai, C. (2016). Mortality monitoring design for utility-scale solar power facilities (No. 2016-1087). US Geological Survey. Kagan, R., Viner, T., Trail, P., & Espinoza, E. (2014). Avian mortality at solar energy facilities in southern California: a preliminary analysis. National Fish and Wildlife Forensics Laboratory, 28, 1-28. Mardesich, C. & Powell, S. (2005). Congdon's tarplant [ds45]. Calif. Dept. of Fish and Wildlife. Biogeographic Information and Observation System (BIOS). Retrieved August 10th, 2021 from https://wildlife.ca.gov/Data/BIOS. Museum of Vertebrate Zoology (University of California, Berkeley) (2005). Suisun song sparrow [ds45]. Calif. Dept. of Fish and Wildlife. Biogeographic Information and Observation System (BIOS). Retrieved August 10, 2021 from https://wildlife.ca.gov/Data/BIOS. NRCS. U.S. Department of Agriculture. Natural Resources Conservation Service. October 1999. Grassland Nesting Birds. Fish and Wildlife Habitat Management Leaflet Number 8. Sauer, J., Niven, D., Hines, J., Ziolkowski, D., Pardieck, K., Fallon, J., & Link, W. (2019). The North American breeding bird survey, results and analysis 1966-2019. Version 2.07. 2019. US Geological Survey Patuxent Wildlife Research Center, Laurel, Maryland, USA. Simi, D. (2008). Burrowing owl [ds45]. Calif. Dept. of Fish and Wildlife. Biogeographic Information and Observation System (BIOS). Retrieved August 10th, 2021 from https://wildlife.ca.gov/Data/BIOS. January 13, 2022 Special Board Meeting Agenda Packet- Page 87 of 260 Page 35 of 51 ATTACHMENT 4 Huffman-Broadway Group, Inc. ENVIRONMENTAL REGULATORY CONSULTANTS 828 MISSION AVENUE,SAN RAFAEL,CA 94901•415.925.2000•WWW.H-BGROUP.COM December 21, 2021 Mr. Russell Leavitt Environmental Coordinator Central San 5019 Imhoff Place Martinez, CA 94553 SUBJECT: COMMENTS ON BURROWING OWL MITIGATION REQUIREMENTS, CENTRAL CONTRA COSTA SANITARY DISTRICT SOLAR ARRAY, CONTRA COSTA COUNTY, CALIFORNIA Dear Mr. Leavitt: Huffman-Broadway Group, Inc. (HBG) herein provides comments pertaining to the adequacy of a Central Contra Costa Sanitary District (Central San) proposed plan for mitigation of potentially suitable habitat for western burrowing owl (Athene cunicularia hypugaea), on Central San property planned for development of a solar panel array. Revisions to the burrowing owl mitigation were prepared subsequent to receipt and review of comments submitted to Central San by the California Department of Fish and Wildlife (CDFW) pertaining to the proposed mitigation in the draft Mitigated Negative Declaration (MND) prepared by Central San (Central San 2021) pursuant to their review of the project under the California Environmental Quality Act (CEQA). Proposed Project Central San is proposing a 1.75 megawatt solar photovoltaic project on 8.2 acres within a 48-acre Central San-owned parcel called the Lagiss parcel. The proposed solar array is intended to occupy an 8.2-acre project site selected within a 19-acre area designated within the Lagiss parcel for development of the solar panel array. The objective of the project is to provide enough solar power to offset the electrical grid consumption of Central San's wastewater treatment plant (WWTP) and eighteen pumping stations throughout the service area. The proposed solar panel array would be accessed from the northern end of Blum Road via extension of an existing private driveway. Project Site The Lagiss parcel is designated in the Contra Costa County General Plan as Public/Semi Public (PS) land. It is zoned by the County for Heavy Industry (H-1). The Lagiss parcel and other lands owned by Central San were acquired over a period of many years for the multiple purposes of i) securing expansion land for new or expanded wastewater treatment facilities, ii) creating basin storage capacity for peak wet weather flows, and iii) protecting off-site receptors with buffer land around the treatment plant and basins. The 48-acre Lagiss parcel is currently leased for cattle grazing. The habitat on the parcel is mostly non-native grassland, although a strip of oak and buckeye trees occurs along the northeastern border C:\Users\Gary Deghi\Documents\HBG Projects\Central San\Central San Burrowing Owl Letter 12-21-21.docx January 13, 2022 Special Board Meeting Agenda Packet- Page 88 of 260 Page 36 of 51 and a seasonally ponded wetland is found north of the project site. Much of the Lagiss parcel is encumbered by easements, including a PG&E electrical transmission easement, natural gas transmission pipeline easement, and SFPP petroleum product pipeline easement. Existing easements cross the Lagiss parcel, effectively limiting its use to non-developed uses such as cattle grazing. The non-project portion of the Lagiss parcel, owing to its location remote from the wastewater treatment plant and its purpose for land use buffer, will remain in use for cattle grazing for the foreseeable future. Previous Studies of Burrowing Owl in the Vicinity of the Project The burrowing owl is a California Species of Special Concern and U.S. Fish and Wildlife Service (USFWS) Bird Species of Conservation Concern (CDFW 2021). Burrowing owl habitat can be found in annual and perennial grasslands, deserts, and scrublands characterized by low-growing vegetation. In California, burrowing owls most commonly use burrows of California ground squirrel, but they also may use man-made structures, such as cement culverts; cement, asphalt, or wood debris piles; or openings beneath cement or asphalt pavement. Burrowing owls may use a site for breeding, wintering, foraging, and/or stopovers during migration. Occupancy of suitable burrowing owl habitat can be verified at a site by an observation of at least one burrowing owl, or, alternatively, presence of "decoration" at or near a burrow entrance which can include molted feathers, cast pellets, prey remains, eggshell fragments, or excrement. CDFW adopted survey protocol and mitigation guidelines for burrowing owls as described in a March 7, 2012 Staff Report (CDFW 2012). Two previous biological surveys within the 48-acre Lagiss parcel (Michael Marangio 2020 and HBG 2020) found that the proposed location for the 8.2-acre solar array occurred within non-native grasslands that potentially provide habitat that could support burrowing owl wintering or nesting. The HBG study found the presence of California ground squirrel burrows in portions of the Lagiss parcel that could potentially provide suitable nesting or wintering sites for burrowing owls, and found that the non-native grasslands throughout much of the area constitute potentially suitable foraging habitat for the species. Michael Marangio surveyed the site during the winter season on January 31, 2020, and HBG/Rana Resources surveyed the area during the nesting season on May 15, 2020. Neither field review found burrowing owls nor signs of burrowing owls at the openings of ground squirrel burrows to be present within the Lagiss parcel, and HBG concluded that burrowing owls are currently not present at the property. HBG noted that burrowing owls could take up residence in suitable burrows at any time prior to construction, therefore, mitigation in the form of preconstruction surveys (regardless of the time of year) were necessary to make sure they are not present prior to construction and no harm to a burrowing owl would result. Review of the California Natural Diversity Data Base (CNDDB) (CDFW 2021) found three sightings of burrowing owl within a 5-mile radius of the project site over the past 30 years, with sightings in 1991, 2008, and 2016. As shown in Figure 4 in the draft MND, these burrowing owl sightings were approximately 0.8 miles north of the project site near the Walnut Creek flood control channel in 1991, 1.6 miles south of the project site at Buchanan Field Airport in 2008, and 4.4 miles northeast of the project site near Port Chicago Highway in 2016. All three of these previous burrowing owl sightings were recorded as transient individuals. While the grassland on the project site may provide suitable habitat for burrowing owl foraging and nesting, nesting pairs have not been observed anywhere within the 5-mile radius of the site. Page 2 of 7 January 13, 2022 Special Board Meeting Agenda Packet- Page 89 of 260 Page 37 of 51 Mitigation consisting of properly-conducted preconstruction surveys to confirm absence of the species is typical for this Species of Special Concern—which is not listed under either the federal Endangered Species Act (FESA) or California Endangered Species Act (CESA)—within a property having no historical sightings of the species, and having no sightings after dual reconnaissance surveys by qualified biologists. Staff of Central San relied on the two above-referenced biological reports as they prepared an Initial Study and draft MND as part of their environmental review of the project under CEQA. CDFW Comments Regarding Burrowing Owl Habitat Comments from CDFW on Central San's draft MND for the proposed solar array were conveyed in a letter from CDFW dated August 12, 2021. CDFW staff's comments included a series of onerous mitigation recommendations that would normally apply for sites confirmed to provide burrowing owl habitat due to species presence. As stated in CDFW staff's letter: 1) a restricted construction work window; 2) biological monitoring throughout the course of the Project; 3) in accordance with the 2012 Staff Report on Burrowing Owl Mitigation, a minimum of four survey visits should be conducted by qualified biologists within 500 feet of the Project Area during the owl's breeding season which is typically between February 1 and August 31; and, 4) inclusion of compensatory mitigation in the form of conserved lands for burrowing owl habitat impacts. At a minimum, mitigation ratios for these habitat impacts should be at 3:1 (conservation-to-loss) for permanent impacts, and 1:1 (conservation-to-loss) for temporary impacts. Central San responded to these comments with revisions to the proposed mitigation as set forth in the draft Mitigation Monitoring and Reporting Plan and Response to Comments that were part of Central San's draft MND for the proposed project. In response to the comments from CDFW regarding burrowing owl mitigation requirements, Central San agreed to restrict the construction window to the September to January non-breeding season for burrowing owl; to conduct a survey consisting of four site visits during the 2022 burrowing owl breeding season, and to provide compensatory mitigation for burrowing owl habitat if burrowing owls are observed during the surveys to occupy the project site or adjoining area. Treatment of Species of Special Concern under CEQA The burrowing owl is a California Species of Special Concern and U.S. Fish and Wildlife Service (USFWS) Bird Species of Conservation Concern (CDFW 2021). Burrowing owl is not listed as threatened or endangered under either CESA or FESA; therefore, they are not protected as a threatened or endangered species under either Act. In part, to fill this gap, recognizing burrowing owl is a California Species of Special Concern, CDFW adopted survey protocol and mitigation guidelines for burrowing owls as described in a March 7, 2012 Staff Report (CDFW 2012). Central San has carefully considered CDFW's comments on its MND, giving particular attention to CDFW's technical guidance on surveys and compensatory mitigation in the event that any of four proposed pre-construction surveys identifies occupied burrowing owl habitat in or adjoining the Page 3 of 7 January 13, 2022 Special Board Meeting Agenda Packet- Page 90 of 260 Page 38 of 51 project site. Central San's position in regard to mitigation, as summarized later in this letter, is consistent with the mitigation guidelines because 1) surveys performed so far have not confirmed occupied burrowing owl habitat in or adjoining the project site, 2) the project's proportional share of cumulative effect on burrowing owl habitat is not cumulatively considerable, and 3)the potential effects on the range or regional owl population resulting from the project's use of their habitat would be less-than-significant with the mitigation proposed by Central San. According to the CDFW website, a California Species of Special Concern is a species, subspecies, or distinct population of an animal native to California that currently satisfies one or more of the following criteria: (1) is extirpated from the State or, in the case of birds, is extirpated in its primary breeding season; or, (2) is listed as federal, but not State, threatened or endangered; meets the State's definition of threatened or endangered but has not formally been listed; or, (3) is currently experiencing, or has experienced in the past, severe noncyclical population decline or range retraction that, if continued or resumed, could qualify it for State threatened or endangered status; or, (4) has naturally small populations exhibiting high susceptibility to any factors which, if realized, could lead to declines that would qualify it for State threatened or endangered status. The Species of Special Concern designation carries no formal legal status; rather, it serves as an administrative designation intended to: (1) focus CDFW's attention on animals at conservation risk; (2) prompt consideration of these species by other state, local and federal governmental entities, and special districts; land managers, planners, and consulting biologists; (3) stimulate research; and (4) avert costly recovery of these animals before they meet CESA criteria for listing as threatened or endangered. Sections 15063 and 15065 of the CEQA Guidelines, which address how an impact is identified as significant, are particularly relevant to Species of Special Concern. Project-level impacts to species listed under CESA are generally considered significant and are to be evaluated during the environmental review process. Section 15380 of the CEQA Guidelines clearly indicates that species of special concern should be included in an analysis of project impacts if they can be shown to meet the criteria of sensitivity outlined therein. In assigning "impact significance" to populations of non-listed species, analysts usually consider factors such as population-level effects, proportion of the taxon's range affected by a project, regional effects, and impacts to habitat features. In addition, Section 15064(h)(4) of the CEQA Guidelines advises that the mere existence of significant cumulative impacts caused by other projects alone shall not constitute substantial evidence that the proposed project's incremental effects are cumulatively considerable. The 8.2-acre project site is located near the western limit of the mapped breeding range for burrowing owl in Contra Costa County (Shuford and Gardali 2008). Burrowing owl breeding range retraction to eastern Contra Costa County clearly is a cumulative effect of continued industrialization and general urbanization of western Contra Costa County that began in the late 1800s. Under Section 15064(h)(4) of the CEQA Guidelines, the existence of significant cumulative impacts caused by other projects alone shall not constitute substantial evidence that the proposed project's incremental effects are cumulatively considerable. Loss of 8.2 acres of potentially suitable burrowing owl habitat on the fringe of the local breeding range of the species, on a parcel which is not currently occupied by burrowing and which likely would retain approximately 37 acres of other grassland acquired and Page 4 of 7 January 13, 2022 Special Board Meeting Agenda Packet- Page 91 of 260 Page 39 of 51 retained for operations buffer and leased for cattle grazing, does not rise to the level of a significant effect (either on a project level or as a cumulatively considerable contribution to an existing significant cumulative impact) on burrowing owl range or populations. Compensation as mitigation HBG prepared a species assessment for the project site in June of 2020 (HBG 2020) and concluded that the necessary mitigation related to burrowing owl for Central San's solar project was to conduct a preconstruction survey for burrowing owl within two weeks prior to construction of the project (regardless of the time of year) to ascertain if burrowing owls are present and in harm's way in the construction area.The recommended mitigation measure ensured that protection of any burrowing owl encountered on the property would be accomplished according to the 2012 Burrowing Owl Mitigation Guidelines. Additional mitigation measures, including habitat compensation as recommended in CDFW staff's comments on the draft MND, were not considered, in light of the following: • The CNDDB shows that there are no historical records for presence of burrowing owl on any of Central San's land holdings, nor are there records of nesting burrowing owl anywhere within a 5-mile radius of the Lagiss parcel. • Neither burrowing owls nor signs of burrowing owls were observed during surveys of the Lagiss parcel conducted by qualified consulting biologists during both the 2020 winter season and 2020 breeding season, indicating that it is extremely unlikely that burrowing owls occupied the project site in 2020. • Much of the land within the 48-acre Lagiss parcel is currently encumbered with easements that cross the property and that would protect burrowing owl grassland habitat within those easements into perpetuity. Aside from the 8.2 acres that would serve to house the solar array, up to 37 acres of grasslands, much of it encumbered with easements, would be retained as a buffer for WWTP operations and leased for cattle grazing, providing long-term protection of burrowing owl habitat on the property, even in the absence of on-site compensation acreage for impacts to 8.2 acres of grassland. • Elimination of 8.2 acres of suitable burrowing owl habitat on the fringe of the local breeding range for the burrowing owl, on a parcel which is not currently occupied by burrowing owls and which likely would retain approximately 37 acres of other grassland acquired and retained for operations buffer and leased for cattle grazing, does not rise to the level of a significant individual or cumulative effect on burrowing owl habitat or the regional burrowing owl population. • The proposed solar array will be developed on 8.2 acres of the 48-acre Lagiss parcel that will remain otherwise undeveloped for the foreseeable future, and even a quick review of the area of the Lagiss parcel on Google Earth reveals the presence of many similar-sized grassland parcels within a couple miles of the project site east of the Martinez urban area. When considering Section 15064(h)(4) of the CEQA Guidelines regarding cumulative impacts, the proposed use of 8.2 acres of grassland on the 48-acre Lagiss parcel does not rise to the level of a significant impact on burrowing owl range or populations. Page 5 of 7 January 13, 2022 Special Board Meeting Agenda Packet- Page 92 of 260 Page 40 of 51 Given the above considerations, HBG did not recommend that habitat compensation be an element of plans for mitigation of Central San's use of the site for a solar array project. Nevertheless, as indicated above, in response to CDFW staff's comments on Central San's draft MND, Central San has proposed providing appropriate compensatory mitigation for burrowing owl habitat at a (1:1 compensation to loss) ratio, if evidence of burrowing owls is discovered during pre- construction surveys in 2022. If a burrowing owl individual or pair is identified in the pre-construction surveys, Central San would provide compensatory mitigation acreage of a kind consistent with the survey results. If burrowing owl foraging or nesting is observed within the survey area, 8.2 acres of foraging or nesting habitat would be provided as compensation. Central San has expressed the willingness to provide the 8.2 acres of compensatory mitigation, if needed, either through protection in perpetuity of 8.2 acres of burrowing owl grassland habitat within a conservation easement on the Lagiss parcel or else through provision of off-site mitigation by means of purchase of 8.2 acres of mitigation credits at an approved and established conservation bank having available burrowing owl credits. Normally, this level of habitat mitigation is afforded to listed species protected under CESA, under which special protections are given not only for occupied habitat but also for unoccupied habitat determined to be essential for the eventual recovery of a listed threatened or endangered species. With purchase of mitigation credits or establishment of an on-site conservation area protected by conservation easement, other Central San land not placed into a conservation easement would continue to be available indefinitely or until needed for improvements necessary to fulfill Central San's mission goals. Given all the above considerations, it is the opinion of HBG that the revised mitigation measures proposed by Central San—consisting of a combination of a restricted construction window, pre- construction 2022 breeding season surveys, and compensatory burrowing owl habitat mitigation at a 1:1 ratio of like-for-like habitat, if evidence of burrowing owls is discovered during the pre- construction surveys, is more than sufficient to mitigate the potential incremental and cumulative effects of Central San's solar array project on both burrowing owl range and populations of burrowing owl. If you have any questions regarding HBG's findings related to the potential impacts and mitigation requirements for burrowing owl at the site of Central San's solar project, please contact me at (650) 208-8711 or gdeghi@h-bgroup.com. Sincerely, Gaq Deghl Gary Deghi Senior Environmental Scientist Page 6 of 7 January 13, 2022 Special Board Meeting Agenda Packet- Page 93 of 260 Page 41 of 51 References California Department of Fish and Wildlife. 2012. Staff Report on Burrowing Owl Mitigation. Dated March 7, 2012. California Department of Fish and Wildlife. 2021. Special Animals List For State of California produced by Biogeographic Data Branch, California Natural Diversity Database, California Department of Fish and Wildlife. Sacramento, CA. List dated October 2021. California Department of Fish and Wildlife. 2021. Natural Heritage Division, Natural Diversity Data Base for the Vine Hill 7.5 Minute USGS Quadrangle Map and surrounding areas. August 2021. Central Contra Costa Sanitary District. 2021.Draft Initial Study/Mitigated Negative Declaration for the Central San Proposed 1.75 MW Solar Panel Array, 4451 Blum Road, Unincorporated Martinez, Contra Costa County, California. July 9, 2021. Huffman-Broadway Group, Inc. 2020. Special Status Species Assessment for Central Contra Costa Sanitary District Solar Array, Contra Costa County, California. Letter report from Gary Deghi of HBG to Marc Papineau of Environmental Service. June 4. Marangio, M. 2020. Biological Assessment for Future Solar Array. Report Prepared for the Central Contra Costa Sanitary District. April 30, 2020. Shuford, W.D., and Gardali, T. editors. 2008. California Bird Species of Special Concern: a ranked assessment of species, subspecies, and distinct populations of birds of immediate conservation concern in California. Studies of Western Birds 1. Western Field Ornithologists, Camarillo, California and California Department of Fish and Wildlife, Sacramento. Page 7 of 7 January 13, 2022 Special Board Meeting Agenda Packet- Page 94 of 260 Page 42 of 51 ATTACHMENT 5 RESOLUTION NO. 2022-002 A RESOLUTION OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT ADOPTING A MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM AND APPROVING THE SOLAR ARRAY PROJECT ON CENTRAL SAN'S LAGISS PROPERTY WHEREAS, for the purposes of California Environmental Quality Act (CEQA) review, the project upon which this determination is made is described as follows: Central Contra Costa Sanitary District (Central San) proposes construction and operation of a 1.75 megawatt solar panel array on approximately 8.2 acres of a 48-acre parcel at 4451 Blum Road in unincorporated Martinez (APN 159-140-042-7). The parcel is already owned by Central San and is referred to as the "Lagiss parcel." The proposed solar panel array would be accessed from the northern end of Blum Road via extension of an existing private driveway. The proposed solar panel array would be encircled by a service road and perimeter fence. The existing surface area to be covered by the proposed ground-mounted solar panel modules is approximately 2.5 acres. Combined, solar panel modules together with the service road and driveway, the area covered is approximately 4.0 acres of the 8.2 acres. The remainder (4.2 acres) is generally retention basins or aisle space between rows of panels, with only minor area being used for inverters; panelboards; main photovoltaic (PV) switchboard; step-down, pad-mounted transformer; and intertie switchgear. The connection to PG&E will be on Blum Road. WHEREAS, an Initial Study has been conducted by the Central San and a Mitigated Negative Declaration was prepared (IS/MND) for the proposed project (SCH # 2021070215); and WHEREAS, Central San staff concludes that the IS/MND adequately, accurately, and objectively evaluated the proposed effect on the environment; and WHEREAS, the IS/MND was circulated for public review and comment from July 13, 2021 to August 13, 2021 and certain comments were submitted; and WHEREAS, in response to comments submitted by the California Department of Fish and Wildlife, the proposed mitigation measure to address potential impacts on the burrowing owl was modified as set forth in the Mitigation Monitoring and Reporting Program (MMRP); and WHEREAS, on September 2, 2021 and January 13, 2022, the Central San Board of Directors considered the IS/MND, MMRP and proposed project at a public meeting at which public testimony was allowed; and WHEREAS, the Central San Board of Directors considered the IS/MND and MMRP before taking any action on the proposed project; and WHEREAS, the Central San Board of Directors has reviewed the IS/MND and MMRP, considered comments received, and determined that the project, as mitigated, will not have a significant effect on the environment; and January 13, 2022 Special Board Meeting Agenda Packet- Page 95 of 260 Page 43 of 51 Central Contra Costa Sanitary District Resolution No. 2022-002 Page 2 of 2 WHEREAS, the Central San Board of Directors finds that the IS/MND and MMRP reflects its independent judgment of the environmental effects of the proposed project; and WHEREAS, the Central San Board of Directors finds that the IS/MND has been completed in compliance with CEQA and the State CEQA Guidelines; and NOW, THEREFORE, be it resolved that the Board of Directors of the Central Contra Costa Sanitary District does hereby adopt the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the Solar Panel Array Project and the mitigation measures in the MMRP are imposed as conditions of approval for the project. The Secretary of the Board of Directors will be custodian of the document and other materials that constitute the record of proceedings for the adoption of this Mitigated Negative Declaration. The record of proceedings will be maintained at the Central San office, 5019 Imhoff Place, Martinez, California. FURTHERMORE, be it resolved that the Board of Directors of the Central Contra Costa Sanitary District does hereby approve the Solar Panel Array Project. PASSED AND ADOPTED this 13th day of January 2022, by the Board of Directors of the Central Contra Costa Sanitary District by the following vote: AYES: Members: NOES: Members: ABSENT: Members: David R. Williams President of the Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California COUNTERSIGNED: Katie Young Secretary of the District Central Contra Costa Sanitary District County of Contra Costa, State of California Approved as to form: Kenton L. Alm, Esq. Counsel for the District January 13, 2022 Special Board Meeting Agenda Packet- Page 96 of 260 Item 9. (Handout) - Attachment 6 Updated Presentation CONDUCT A CONTINUED PUBLIC HEARING ON CENTRAL SAN'S SOLAR ARRAY PROJECT Melody LaBella, P.E. Resource Recovery Program Manager Russ Leavitt Engineering Assistant III Board Meeting January 13, 2022 1 PRESENTATION OVERVIEW Solar Project Initiation and Design Solar Project Description Environmental Review Process Comments Received and Responses Burrowing Owl Habitat Mitigation Public Outreach Change Order and Power Purchase Agreement (PPA) Amendment No. 1 Updated Financial Analysis Amendment to ARC Alternatives' As-Needed Agreement Recommended Board of Directors (Board) Actions 2 1 SOLAR PROJECT INITIATION AND DESIGN August 2019: Solar Feasibility Study. June 2020: Request for Proposals (RFP) r .y released for a Solar Project PPA. " November 5, 2020: Board awarded a PPA to REC Solar Commercial Corporation (REC Solar), also known as Duke Energy Renewables, for a 1 .75 megawatt (MW) solar photovoltaic system on Central San's Lagiss property. Spring 2021 : Project design sufficient to complete environmental evaluation. ' 3 SOLAR PROJECT DESCRIPTION A proposed 1 .75 MW solar photovoltaic facility located on 8.2 acres of the Central San-owned, 48 acre "Lagiss parcel" at 4451 Blum Road in unincorporated Martinez. More than 2,500 fixed position, ground-mounted solar panel modules, encircled by a service road and perimeter fence, comprising a total of about 4 acres. Remaining 4.2 acres are rainwater runoff retention basins or aisle space between rows of panels, as well as associated electrical equipment, and the connection to PG&E on Blum Road. Panels are intended to not be visible from the residential portions of Blum Road. 4 CFNTPAI SAN 2 c Proposed Solar Project R AIS A A EM F. Rn.nn Bn.w Y k R _ o anon wa ' s CENTRAL SAN ENVIRONMENTAL REVIEW PROCESS July 13, 2021 : Staff released Initial Study and Draft Mitigated Negative Declaration (MND) stating that implementing the project will have "no significant environmental impacts". — July 13 to August 13, 2021 : MND public review period — August 13, 2021 : Deadline for comments (two were received) September 2, 2021 : Board opened and continued the public hearing in order for staff to continue refining the options for burrowing owl habitat mitigation. 6 3 MND COMMENTS RECEIVED AND RESPONSES Comments were received from the County Airport Land Use Committee (ALUC) and California Department of Fish and Wildlife (CDFW). The comments and Central San's responses are presented in Attachment 3. The ALUC lighting limitation was already a part of the project. The CDFW comments and a subsequent meeting between Central San and CDFW staff resulted in the addition of refined mitigation measures to offset the potential loss of burrowing owl habitat. CDFW has requested up to 3:1 conservation land. A Central San biology consultant has concluded that 1 :1 should be sufficient, if evidence of a burrowing owl is found onsite before construction begins. 1 � *NEW SLIDE* COMMENTS RECEIVED AND RESPONSES (CONTINUED) The following comments were received from CDFW after distribution of the January 13, 2022, Board agenda packet: Several comments questioned the timing, location, and substance of Central San's planned, preconstruction, burrowing owl surveys. In response, Central San commits to coordinating with CDFW on the survey schedule, design, and reporting contents. CDFW wants Central San to compensate for the loss of potential burrowing owl habitat, even if no evidence of burrowing owl is found during the four preconstruction surveys (and none has been found during the prior two surveys). Since this determination belongs to the Central San Board as Lead Agency, staff committed to provide CDFW's comment to the Board so it can be considered in the decision-making process during the Board's review of the California Environmental Quality Act (CEQA) document. 4 BURROWING OWL HABITAT MITIGATION The following measures are being incorporated into the project to mitigate the potential impact to burrowing owls: Requiring that construction not take place during the burrowing owl nesting season; Conducting four pre-construction biological surveys for the presence of burrowing owls; and Offering a menu of habitat compensation scenarios, should evidence of burrowing owls be discovered during the pre- construction surveys, as follows. CENTRAL SAN 1 9 BURROWING OWL HABITAT COMPENSATION SCENARIOS If no evidence of burrowing owls is found during the biological surveys, no compensatory habitat will be provided. If evidence of burrowing owl foraging is found during the biological surveys, Central San purchases 1 :1 credits in a habitat mitigation bank acceptable to CDFW: one-time cost of $20K — $48K per acre ($164K — $394K). If evidence of burrowing owl nesting is found during the biological surveys, Central San dedicates a conservation easement of 8.2 acres (1 :1 ) over a portion of the Lagiss property and establishes a required management endowment for John Muir Land Trust (—$400K). 5 PUBLIC OUTREACH Letters were mailed to the Blum Road neighborhood concurrent with the issuance of the Request for Proposals (RFP) and the MND. The Notice of Intent to Adopt a MND was mailed to local, State and Federal agencies. In advance of both public hearings, legal notices were published in local newspapers and letters were mailed to the Blum Road neighborhood. Communications staff created project webpages on Central San's website, www.centralsan.org/solar, where notices and the MND have been posted. To date, no community concerns have been expressed about the project. CFNTPAI SAN CHANGE ORDER AND PPA AMENDMENT NO. I Due to additional construction costs resulting from the design process, REC Solar has submitted a change order request to raise the price of solar power from $0.0866 to $0.10 per kilowatt hour (kWh). After careful evaluation by Central San's staff and solar consultant, staff is recommending approval. This rate adjustment and changes to the design and schedule result in a need to update a number of sections in our PPA, which will be addressed in Amendment No. 1 . These changes include: early termination fees, purchase option values, milestones, schedule, layout, annual production values, etc. 6 UPDATED FINANCIAL ANALYSIS Summary of Financial Scenarios with an Annual Utility Escalation Rate of 3.0% 1. Cash Flow Break Even• $0.08660 $6,469,426 $4,424,185 1 2.PPA Covers All Costs: CEQA Low $0.10244 $5,165,364 $3,372,654 1 3. PPA Covers All Costs: CEQA High $0.11558 $4,083,605 $2,589,890 2 4.Capital-PPA •rid: CEQA Low $0.08573 $5,968,576 $3,809,682 5 5.Capital-PPA • $0.08573 $5,518,576 $3,370,657 8 Summary of Financial Scenarios with an Annual Utility Escalation Rate of 4.5% W_ Cash Flow Break Even Scenario (Year) 1. • $0.08660 $9,918,476 $6,666,530 1 • • $0.10244 $8,614,414 $5,560,308 1 • $0.11558 $7,532,655 $4,777,544 1 4.Capital-PPA Hybrid: CEQA Low $0.08573 $9,417,626 $5,997,336 5 5. •ital-PPA Hybrid: CEQA High $0.08573 $8,967,626 $5,558,311 7 ' 13 CENTPAL SAN AMENDMENT TO ARC ALTERNATIVES AS-NEEDED CONSULTING SERVICES AGREEMENT • In April 2019, staff hired ARC Alternatives (ARC), after an informal selection process, under an initial $29,600, as-needed, professional consulting services contract. • After exemplary performance, staff has continued to add scope and budget to ARC's as-needed contract. • As ARC's contract is reaching the limit of the General Manager's authority, staff is seeking the Board's authorization for the General Manager to raise the cost ceiling of ARC's existing as- needed consulting agreement from $179,600 to $229,600. I' CFNTPAL SAN RECOMMENDED BOARD ACTIONS Conduct a continued public hearing on the Mitigated Negative Declaration. Barring any irresolvable public comments to the contrary, approve the proposed resolution adopting the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and approving the proposed Solar Panel Array Project on Central San's Lagiss property; and Authorize the General Manager to execute Amendment No. 1 to Central San's Power Purchase Agreement with REC Solar; and Authorize the General Manager to amend an existing as-needed professional consulting services agreement with ARC Alternatives, increasing the cost ceiling from $179,600 to $229,600. ' 15 QUESTIONS? CFNTPAISAN 8