HomeMy WebLinkAbout09. (Handout) Attachment 3.a. Additional Comments and Responses Item 9.
(Handout)
Attachment 3.a.
ATTACHMENT 3
COMMENTS AND RESPONSES TO COMMENTS (CONTINUED)
The following comments were received after distribution of the January 13, 2022 agenda.
C - CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE, ANDREW CHAMBERS,
ENVIRONMENTAL SCIENTIST, BAY DELTA REGION, HABITAT
CONSERVATION UNIT, EMAIL DATED JANUARY 5, 2022
C1. Burrowing Owl (BUOW) Survey. Preconstruction/avoidance surveys would be
more effective if conducted no more than five days prior to the commencement of
project activities.
Response. Central San will coordinate with CDFW on the survey design and
schedule.
C2. BUOW Survey Limits. Comments seeks clarification of the areal limits of BUOW
surveys.
Response. The MMRP states that the BUOW surveys will extend outward 500 feet
from the project footprint or to the limit of District-owned land. The Lagiss Parcel is
1,100 feet across (southwest —northeast) and at least 1,600 feet along its southeast-
northwest axis. Central San will coordinate with CDFW on the survey design and
limit.
C3. Survey Limits. CDFW recommends a 1,000-foot radius from all portions of the
project site, including access routes, staging areas, or other areas of temporary or
permanent disturbance.
Response. Central San will coordinate with CDFW on the survey design for BUOW.
C4. Habitat of Species of Special Concern. CDFW staff considers impacts to
potential habitat of species of special concern, occupied at time of survey or not, as an
impact nonetheless. Occupancy at a point in time cannot rule out species presence at a
previous or future time. The proposed pre-construction surveys additionally should
address suitability of the project site for burrowing owls.
Response. Regarding potential impact to BUOW or its habitat, CDFW staff's
comment will be included in the decision-making process during Central San Board's
review of the CEQA document. Regarding the BUOW surveys, Central San will
coordinate details of the surveys with CDFW staff in advance of the first 2022 pre-
construction BUOW survey.
From: "Chambers,Andrew@Wildlife" <Andrew.Chambers@wildlife.ca.gov>
Date:January 7, 2022 at 2:45:28 PM PST
To: Russ Leavitt<RLeavitt@centralsan.org>
Cc: Melody LaBella <MLaBella@centralsan.org>, Kent Alm <kalm@centralsan.or >
Subject: RE:Central San Solar Panel Array Project update
Thank you Russ,
Unfortunately most of our team is backlogged.The following comments are provided by CDFW,
yet may also have been addressed in the CEQA comment letter and the burrowing owl protocol
document within. As such:
C1 -Comment: Preconstruction/avoidance surveys would be more effective if conducted no more
than five days prior to the commencement of project activities.This matches our permitting
measures for the East Bay for bird avoidance and impact minimization.
C2 -Inquiry: If surveys will be for the entirety of the parcel or just for the project area (described as
"on-site" in the updated MMRP) as outlined in the document.
C3 -Comment: CDFW recommends a 1,000 foot radius for raptor surveys from all portions of the
project area, including access routes, staging areas, or other areas of temporary or permanent
disturbance.This also matches our permitting measures for the East Bay for bird avoidance and
impact minimization.
C4 -Comment: CDFW considers impacts to potential habitat of species of special concern, occupied
at time or not, as an impact nonetheless.The occupancy thereof at explicit points and time of
the survey may be used to determine if there are burrowing owls present at said time,yet
cannot rule out previous or future occupation. Surveys should also focus on the abilities of the
project site to be utilized as habitat by burrowing owls.
Feel free to keep me updated after the board meeting. I am free Wednesday-Friday of next
week and open thereafter.
Thank you,
-Andy
Andrew O. Chambers
Environmental Scientist
Bay Delta Region, Habitat Conservation Unit
2825 Cordelia Road, Suite 100
Fairfield, CA 94534
(707) 266-2878
CALIFORNIA DEPARTMENT CSF
FISH and WILDLIFE
From: Russ Leavitt<RLeavitt@centralsan.org>
Sent: Wednesday,January 5, 2022 1:36 PM
To: Chambers, Andrew@Wildlife<Andrew.Chambers@WiIdlife.ca.gov>
Cc: Melody LaBella <MLaBella@centralsan.org>; Kent Alm <kalm@centralsan.org>
Subject: Central San Solar Panel Array Project update
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Andrew,
At its upcoming January 13, 2022 meeting, the Central Contra Costa Sanitary District (Central
San) Board of Directors will again conduct a public hearing and consider adoption of a Mitigated
Negative Declaration and a Mitigation Monitoring and Reporting Program, and approval of the
Central San Solar Panel Array Project in Martinez. Attached is the staff report for that agenda
item, which I am sending to you a few days in advance of its public release to maximize your
review time. Please share it with others in your agency who need to see it. Where appropriate,
the documents show changes made in corresponding documents presented at the prior
September 2, 2021 meeting.
The primary changes explain how the project will deal with potential burrowing owl (BUOW)
habitat mitigation, the extent of which will depend on the outcome of four, pre-construction,
nesting season BUOW site surveys. If evidence of BUOW is present, Central San commits to
offsetting the project-induced habitat loss through the purchase of appropriate, 1:1 mitigation
bank credits or the establishment of an adjacent conservation easement on Central San
property. No habitat offset will be provided if no BUOW are found during those surveys, since
no BUOW were found onsite on two earlier surveys.
Please contact me if you have any questions or comments. Thanks for your continued
cooperation.
Russ Leavitt
Work cell: 925-768-3430
RUSSELL B. LEAVr1T
Eng4neer i ng Assistani RI
v.(925)229-7255 C(925)228-4624
RL€MM@centralsa n.a rg