View
213
Download
0
Category
Preview:
Citation preview
76
77
78
Irrlaon BOARD RESOLUTION III DItrlctllt1ID Mobullbullslo
Wter ald hwir
ATTACHMENT A
BEFORE THE BOARD OF DIRECTORS
OF THE
MODESTO IRRIGATION DISTRICT
Re McHenry Solar Farm Project Findings of Fact
GENERAL INFORMATION AND DESCRIPTION OF PROJECT
Introduction Solar Star California VIII llC2 (Solar Star or Applicant) proposes to construct operate and ultimately
decommission a 25-megawatt alternating current (MWac) photovoltaic (PV) electricity generating facility and
associated infrastructure on an approximately 154-acre site in northern unincorporated Stanislaus County to be
known as the McHenry Solar Farm (Project) The Project would generate and deliver solar-generated power to
the MID sub-transmission and distribution system
As part of the Project the Modesto Irrigation District (MID) is proposing to construct own and operate a switching
station in a new switchyard to be located adjacent to the proposed on-site Project substation and a new overhead
69-kilovolt (kV) sub-transmission line and 12-kV distribution line The new sub-transmission and distribution lines
would interconnect the proposed solar facility to the existing MID electric system by connecting to an existing 69shy
kV sub-transmission line and 12-kV distribution line along McHenry Avenue Construction of the interconnection
for the proposed solar power plant would be preceded by MIDs discretionary action to approve the large
Generator Interconnection Agreement (lGIA) The lGIA would define all facilities necessary to safely and reliably
operate MIDs electric system with the Project
Major components of the proposed Solar Star facilities are
bull Solar field comprised of a combination of 1- and 15-MW power blocks
bull On-site substation
bull Operation and Maintenance (OampM) building
bull Other site improvements including access roads fencing lighting and landscaping
2 Solar Star California VIII LLC is a vvholly-owned subsidiary of the SunPower Corporation
DOCS_N271545_V4_BoardAgendaReportJor_The _Mchenry_Solar FarmProJect7_2611 Rev Dec 2010 79
f UID =~n BOARD RESOLUTION J~I District Waftrand PeoW8(
Major components of the proposed MID facilities are
bull 69-kV electrical switchyard on the Project site
bull Approximately 700-foot-long 69middotkV double-circuit overhead electric sub-transmission line and 12-kV distribution line
bull Approximately 75 miles of new overhead fiber optic cable to be installed on the poles of an existing distribution and 69-kV sub-transmission line system
bull A control building
Major project development milestones are (dates are approximate)
bull September 2011 start construction
bull March 2012 begin commercial operation
bull July 2012 project completion
The Project would operate yeaNound and would have the capacity to produce 25 MW of solar power The Project would generate electricity during daylight hours when electricity demand is at its peak and would provide for the annual electricity needs of approximately 6000 residences
Project Location The proposed site is located in northern unincorporated Stanislaus County between the City of
Riverbank and community of Del Rio along Patterson Road near the intersection with McHenry Avenue and consists of Assessors Parcel Numbers (APNs) 074-002-021 -029 -030 and -031 The residence and associated buildings located on a portion ofthese parcels are not part of the Project site
Purpose and Need for the Project The California Renewable Portfolio Standard legislation enacted in 2002 (Senate Bill 1078) and accelerated in
2006 requires retail sellers ofelectricity to obtain 20 percent of their supply of electricity from renewable energy sources such as solar by 2010 Then Governor Schwarzenegger also set a state-wide goal of achieving a 33 percent renewable energy share by 2020 to reduce the impact of greenhouse gases on the environment The 33 percent goal was enacted into law by current Governor Brown on April 12 2011 with his signing of Senate Bill 2X Power generated by the Project would be delivered directly to MID pursuant to the terms of a 25-year power purchase agreement
MID currently obtains approximately 27 percent ofits electrical supply from renewable energy sources
Twenty-six percent of that renewable energy comes from wind energy projects all of which are located outside of MIDs system and many of which are located in Oregons Columbia River Gorge MID
has a need to diversify its renewable energy portfolio by procuring power with more predictable
operating characteristics than wind power Unlike wind local solar power would provide peak
electricity generation that would coincide well with MIDs customer peak load (sunny hot summer
OOCSN271545 _ V4BoardAllendaReportFor _The_Mchenry _Solar Farm_Project]2611 Rev Dee 2010 80
rID BOARD RESOLUTION 1 Dlstrid Wltetllld Pcwtr
days) Local solar power would also avoid line losses associated with transmitting electricity over long distances from remote sources
The Applicant and MID are proposing the Project as an economically viable source of clean renewable electricity generation that helps meet Californias growing demand for power fulfills numerous state and national renewable energy policies and goals and provides important geographic and source diversity for MIDs energy portfolio
II BACKGROUND
Environmental Science Associates (ESA) acted as consultant to Solar Star for the purpose of preparing the appropriate environmental document (the Environmental Impact Report [EIR]) pursuant to the requirements of the California Environmental Quality Act (CEQA)
CH2M HILL acted as consultant to MID for the purpose of providing a third-party independent review of the EIR that was prepared for the project These Findings are prepared pursuant to CEQA
On December 6 2010 MID published and distributed a Notice of Preparation (NaP) to advise interested local regional and State agencies Native American tribal organizations and interested public that an EIR would be prepared for the proposed Project The Nap solicited both written and verbal comments on the EIRs scope during a 30-day comment period
A Draft Environmental Impact Report (DEIR) was prepared and distributed to interested parties and potentially affected agencies and organizations on May 18 2011 Public Notices for the DEIR and a public meeting was published in the Modesto Bee on June 9 and 152011 The public meeting took place June 16 2011 at MIDs downtown offices The review period for the DEIR ended on July 5 2011 Comments received on the DEIR prompted only minor changes to the text of the DEIR and resulted in no changes to the conclusions presented in the DEIR
The Final EIR was distributed on July 15 2011 The Board of Directors of MID considered the Final fiR for the McHenry Solar Farm Project at a noticed public hearing held on July 26 2011 At the hearing the Board of Directors of MID took the following actions
bull Certified the Final Environmental Impact Report for the McHenry Solar Farm Project as adequate and complete
bull Adopted the Mitigation Monitoring Plan and Findings of Fact for the Project
III RECORD OF PROCEEEDINGS
For the purpose of compliance with CEQA and its requirements for Findings the record of proceedings for the project is comprised as follows
1 The Initial Study prepared for the project
2 The Notice of Preparation and all other public notices issued by MID in conjunction with the project
3 All responses to the EIR Notice of Preparation
DOCS_N271545_V4_Boad_Agenda_ReportJor_The_Mdnry _Sol _Farm_Poject_7_26_11 Rev Dec 2010 81
BOARD RESOLUTION
4 All public meeting notes and presentations
5 The DEIR including all technical appendices
6 All comments submitted by agencies or members of the public during the public comment period on the Draft EIR and responses to those comments
7 The Final EIR prepared for the project
8 The Mitigation Monitoring Plan developed for the project
9 Written documentation and maps All staff reports memoranda maps letters meeting minutes or other documents that were prepared for or reviewed by the Board of Directors for MID
10 All testimonYdocuments and other evidence presented by MID relating to the project
11 All documents submitted to MID by agencies or members of the public in connection with the project
12 Minutes of all public meetings held by MID in connection with ~he project
13 Matters of common knowledge to the Board of Directors of MID including but not limited to
a) Stanislaus County General Plan and Zoning Code
All items listed above are in the custody of Modesto Irrigation District 1231 Eleventh Street Modesto CA 95354
IV FINDINGS REQUIRED UNDER CEQA
To the extent that a project is subject to CEQA a public agency may not approve the project as proposed if feasible mitigation measures or feasible alternatives are available that would substantially lessen the projects significant environmental effects (Pub Resources Code sect21002) Based on Section 21002 both the California Resources Agency and the States courts have recognized that in approving projects with significant environmental effects public agencies have an obligation to modify the project to the extent feasible to substantially lessen or avoid such effects (CEQA Guidelines sect 15002 subd (a)3) 15021 subd (a)2) Sierra Club v Gilroy City Council (1990) 22 CalApp3d 30 41 [271 Cal Rptr393])
Public Resources Code Section 210611 defines feasible to mean capable of being accomplished in a successful manner within a reasonable period oftime taking into account economic enVironmental social and technological factors CEQA Guidelines Section 15364 adds another factor legal considerations See also Citizens of Goleta Valley v Board of Supervisors (Goleta 11) (1990) 52 Cal3d 553565 [276 CalRptr 410]) An agency may reject mitigation measures or environmentally superior alternatives as being infeasible if they frustrate the objectives of a proposed project (See City of Del Mar v City of San Diego (1982) 133 CalApp3d 410416-417 [183 CalRptr 898 Seguovah Hills Homeowners Association v City of Oakland (1993) 23 CalAppAth 704 715 [29 Cal Rptr2d 182])
DOCS_N271545_V4_Board_Agenda_ReportJor_The_Mchenry_SolarJarm]roject_7_26_11 Rev Dec 2010 82
Moto Irrigation BOARD RESOLUTION~lt1ID II District
WattralUtPOWott
The obligation to substantially lessen or avoid significant effects where feasible is implemented in part through the adoption of CEQA findings as mandated by Public Resources Code sect21081 The parallel section in the CEQA Guidelines is sect15091 which provides that before an agency can approve a project for which an EIR has identified significant environmental effects the agency must first adopt one or more findings for each [such] significant effect For each effect the agencys findings must reach one or more of three permissible conclusions
The first possible finding IS that changes or alterations have been required in or incorporated into the project which avoid or substantially lessen the significant environmental effect as identified in the final ErR (CEQA Guidelines sect15091 subd (a)(1))
The second permissible finding is that (s)uch changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding Such changes have been adopted by such other agency or can and should be adopted by such other agency (CEQA Guidelines sect15091 subd (a)(2))
As to the third permissible conclusion CEQA Guidelines sect15091 no longer exactly tracks the statutory language ofPublic Resources Code sect21081 subdivision (a)(3) which was amended in 1993 and again in 1994 The amended statute provides that the third permissible conclusion is that (s)pecific economic legal social technological or other considerations including provision of employment opportunities for highly trained workers make infeasible the mitigation measures or project alternatives identified in the ErR (Pub Resources Code sect21081 subd (a)(3) see also CEQA Guidelines sect15091 subd (a)(3))
The CEQA Guidelines do not define the difference between avoiding a significant environmental effect and merely substantially lessening such an effect MID must therefore glean the meaning of these terms from the other contexts in which the terms are used Public Resources Code section 21081 on which CEQA Guidelines section 15091 is based uses the term mitigate rather that substantially lessen Such an understanding ofthe statutory term is consistent with Public Resources Code sect21002 which as noted earlier uses the terms substantially lessen and avoid but does not use the word mitigate
For purposes of these findings the term avoid refers to the effectiveness of one or more mitigation measure to reduce an otherwise significant effect to a less than significant level In contrast the term substantially lessen refers to the effectiveness of such a measure or measure to substantially reduce the severity of a significant effect but not to reduce that effect to a less than significant level
Although CEQA Guidelines Section 15091 requires only that approving agencies specify that a particular significant effect is avoid[ed] or substantially lessen[edJ these findings for purposes of clarity in each case will specify whether the effect in question has been avoided (Ie reduced to a less than significant levels) or has simply been substantially lessened but remains significant
In seeking to effectuate the substantive policy of CEQA to substantially lessen or avoid significant environmental effects to the extent feaSible an agency in adopting findings need not necessarily address the feasibility of both mitigation measures and environmentally superior alternatives when contemplating approval of a proposed project with significant impacts Where a significant impact can
DOCS_N271545_V4_Boaro_Agenda_ReportJor _The_Mchenry _Solar_Farl11_ProjecC7_26_11 Rev Dec 2010 83
BOARD RESOLUTION
be mitigated to an acceptable level solely by the adoption of a feasible mitigation measure or measures the agency in drafting its findings has no obligation even to consider the feasibility of any environmentally superior alternative that could also substantially lessen or avoid that same impactshyeven ifthe alternative would render the impact less severe than would the proposed project as mitigated (laurel Hills Homeowners Associated v City Council (1978) 83 Ca1App3d515 521 [147 CalRptr 842] see also Kings County Farm Bureau v City of Hanford (1990) 221 CalApp3d 692 730shy731 [270 CalRptr 650] and laurel Heights Improvement Associated v Regents ofthe University of California (Laurel Heights I) (1988)47 Cal 3d 376 400-403 [253 CalRptr 426])
In these findings MID first addresses the extent to which each significant environmental effect can be substantially lessened or avoided through the adoption of feasible mitigation measures MID also addresses the extent to which alternatives described in the EIR are (i) environmentally superior and (ii) feasible within the meaning of CEQA
In cases in which a projects significant effects cannot be mitigated or avoided an agency after adopting proper findings may nevertheless approve the project if it first adopts a statement of overriding considerations setting forth the specific reasons why the agency found that the benefits of the project outweigh the significant effects on the environment (Pub Resources Code sect21081 subd (b) see also CEQA Guidelines sectsect15093 15043 subd (b)) In this case all impacts have been mitigated sufficiently so that a statement of overriding considerations is not needed
The California Supreme Court has stated that (t)he wisdom of approvingany development project a delicate task which requires a balancing of interests is necessarily left to the sound discretion of the local officials and their constituents who are responsible for such decisions The law as we interpret and apply it simply requires that those decisions be informed and therefore balanced (Goleta II supra 52 Cal 3d at 576 [276 CalRptr 410])
V LEGAL EFFECT OF FINDINGS
To the extent that these Findings conclude that proposed mitigation measures outlined in the Draft and Final EIR are feasible and have not been modified superseded or withdrawn MID hereby binds the Applicant and any other responsible parties to implement those measures
These Findings in other words are not merely informational or hortatory but constitute a binding set of obligations that will come into effect when MID adopts the resolution(s) andor ordinance(s) approving the Project (Pub Resources Code sect210816 subd (b)) In addition the adopted mitigation measures are conditions of approval
VI MITIGATION MONITORING PLAN
As required by Public Resources Code sect210816 subd (a)(I) MID in adopting these Findings also adopts a Mitigation Monitoring Plan (MMP) The MMP is designed to ensure that during Project implementation MID and any other responsible parties comply with the feasible mitigation measures identified below The plan is described in the document entitled Mitigation Monitoring Plan (which is included in Chapter 10 of the Draft EIR)
DOCS_N271S45_V4_Board_Agenda_ReportJor _The_Mchenry _Solar_Farm_ProJecC7 _26_11 Rev )ec2010 84
Jf ID =11 BOARD RESOLUTION~ -hf Dlstrld Wattrand Power
The MMP that the Board of Directors for MID will adopt with these Findings of Fact contains the Draft EIR verbatim mitigation measures (the mitigation measures were not changed in the Final EIR) The mitigation measures in the MMP are referenced to the mitigation measures contained herein in Section VII
VII SIGNIFICANT ADVERSE IMPACTS AND MITIGATION MEASURES
For all of the environmental resources that were evaluated in the EIR there were some impacts that were considered less Than Significant and other impacts within the same environmental resource were considered either Potentially Significant No impacts were deemed Significant These Findings do not address resource issues that were determined to have No Impact Resources for which No Impacts were determined include land Use and Planning Mineral Resources Population and Housing Public Services and Recreation
Less-than-Significant Impacts These Findings do not address impacts that are considered less than significant prior to mitigation The lessshythan-significant impacts are not addressed in these Findings Impacts were found to be less than significant for Agriculture and Forest Resources Energy Conservation Geology and Soils Hydrology and Water Quality Noise and Utilities and Service Systems
However due to the number of comments at the public meeting and subsequently in written comments during the public comment period about the use of agricultural land for the proposed solar farm the Board is adopting the following finding concerning the conclusion of the EIR and the independent conclusion of the Board that the project will not cause a significant environmental effect in the form of converting agricultural land Based upon substantial evidence and expert opinion of the independent EIR consultant the EIR concluded that the potential conversion of agricultural land to non-agricultural uses was not a significant effect caused by the Project In reaching this conclusion the EIR emphasized multiple facts policies and evidence The use is a temporary use allowed by a lease between the proponent and the land owner At the conclusion of the leasehold estate the proponent has a contractual obligation to restore the land to the condition present before the lease executed This includes dismantling and removing all equipment excavating and removing all underground wires and cables removing all posts and roads breaking up and removing all cement pads and foundations removing all septic tanks and leach fields and regarding the real property to facilitate continued farming operations (Decommissioning activities)
The County has the power to and may include a condition requiring the proponent complete the decommissioning actiVity Communications with Stanislaus County indicate that a formal agreement should be developed that will keep the subject property in some level of agricultural production (albeit grazing) during the project life and return it to a state suitable to agricultural production at the conclusion of the project
In addition CEQA Guideline Appendix G indicates that if a project causes a significant environmental effect if it converts prime or unique farmland or if it converts farmland of Statewide Importance The Board independently reviewed the analysis of the term convert found at page 32-3 of the Final EIR and independently concludes based upon this analysis that since the land will be restored to the agricultural condition prior to executing the lease that the project does not amount to a permanent or irreversible conversion of agricultural land Therefore the Board finds that the Project does not cause a significant environmental effect in the form of converting agricultural land
DOCS_N271S4S_V4_Board_Agenda_Report_ForJhe_MchenFl_Solar]arm_ProJecC7_l6_11 Rev De 1010 85
BOARD RESOLUTIO N
Furthermore Stanislaus County with significant expertise in the area of preserving and protecting agricultural land has previous addressed this issue and determined that a temporary use of farmland for a solar farm is a less than significant environmental effect under CEQA
Significant Impacts for Which Mitigation Measures are Provided The EIR also identified several impacts that are considered to be Potentially Significant The impacts in this category are Aesthetics Visual Quality and Light and Glare Air Quality Biological Resources Cultural and Paleontological Resources Greenhouse Gas Emissions Hazards and Hazardous Materials and Transportation and Traffic These impacts will be fully avoided through the adoption of feasible mitigation measures No significant unavoidable environmental impacts are expected from either construction or operation ofthe project
Each of these impacts can be reduced to lessmiddotthan-significant levels andor avoided with the implementation of mitigation measures They are considered below
Aesthetics Visual Quality and Light and Glare
Impact 41-2
Impact 41-2 The Project would create a new source of light or glare which could adversely affect daytime ornighttime views in the area (DEIR page ES-8)
Mitigation Measures
Mitigation Measure 41-2 Nighttime Construction Lighting Nighttime construction lighting if required shall be shielded and oriented downward to minimize effects on any nearby receptors Lighting shall be directed toward active construction areas only and shall have the minimum brightness necessary to ensure worker safety
Finding
The Board finds based on substantial evidence presented in the record of prolteedings that implementation of this measure will reduce the potentially significant impact on aesthetics visual quality and light and glare
Air Quality
Impact 43-1
Impact 43-1 Construction and decommissioning activities would generate emissions of criteria pollutants including suspended and inhalable particulate matter and equipment exhaust emissions (DEIR page ES-8 and ES-9)
OOCSN271545 V4BoordAge ndaReportfor _ TheMchenry Solo r Fa rmproject_7 _2611 Rev Oec 2010 86
~)1IDMOto Irlgation BOARD RESOLUTION
It e DItrld water and POwtr-
Mitigation Measure
Mitigation Measure 43-1 Implement Dust Control Measures The Applicant shall submit a Dust Control Plan to the APCO for approval prior to start of construction (and subsequently decommissioning) activities The Plan shall cover both Applicant and MID activities and shall require implementation of the following dust control measures
bull All disturbed areas including storage piles that are not being actively used for construction purposes shall be effectively stabilized of dust emissions using water chemical stabilizersuppressant covered with a tarp or other suitable cover or vegetative ground cover
bull All on-site unpaved roads and off-site unpaved access roads shall be effectively stabilized of dust emissions using water or chemical stabilizersuppressant
bull All land clearing grubbing scraping excavation land leveling grading cut and fill and demolition activities shall be effectively controlled of fugitive dust emissions using application of water or by presoaking
bull When materials are transported off-site all material shall be covered or effectively wetted to limit visible dust emissions and at least six inches of freeboard space from the top of the container shall be maintained
bull Limit or expeditiously remove trackout (Le accumulation of mud or dirt from Projectshyrelated vehicle tires) from adjacent public streets near the Project access points Trackout shall be immediately removed from public streets when it extends 50 or more feet from the Project access points otherwise trackout shall be removed at the end of each workday (The use of dry rotary brushes is expressly prohibited except where preceded or accompanied by sufficient wetting to limit the visible dust emissions)(Use of blower devices is expressly forbidden)
bull Following the addition of materials to or removal of materials from the surface of outdoor storage piles said piles shall be effectively stabilized of fugitive dust emissions using sufficient water or chemical stabilizersuppressant
bull limit traffic speed on unpaved on-site roads to 15 mph
bull Install sandbags or other erosion control measures to prevent silt runoff to public roadways from sites with a slope greater than one percent
bull Install windbreaks at windward side(s) of construction areas
bull Suspend excavation and grading activity when winds exceed 20 mph
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation of these measures will reduce the potentially significant impact on air quality
DOCS_N27154S_V4_Boardfgenda_RoportJor The_MchenVSolar Farm_Projece726_11 Rev Dec 2010 87
Modosto Irrlatlon BOARD RESOLUTION District~lt1ID
Wattrld ~owt
Impact 43-4
Impact 43-4 Construction and decommissioning emissions associated with the Project could result in emissions of ozone precursors and particulate matter that would be cumulatively considerable (OEIR page ES-9)
Mitigation Measure
Mitigation Measure 43-4 Implement Mitigation Measure 43-1
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation of this measure will reduce the potentially significant impact on air quality
Impact 43-6
Impact 43-6 The Project would generate emissions of criteria pollutants potentially exposing sensitive receptors to harmful pollutant concentrations (OEIR page ES-9)
Mitigation Measure
Mitigation Measure 43-6 Implement Mitigation Measure 43-1
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation ofthis measure will reduce the potentially significant impact on air quality
Biological Resources
Impact 44-1
Impact 44-1 Applicant Project activities could result in potential disturbance or loss of Swainsons hawk and their habitat (OEIR page ES-10)
Mitigation Measure
Mitigation Measure 44-1a Preconstruction Surveys for Swainsons Hawk If Project-related construction or decommissioning activities are planned to occur during the nesting period (March 1 to September 15) the Applicant shall engage a qualified biologist to conduct preconstruction surveys for Swainsons hawk and their nests no more than 14 days before the start of construction or decommissioning activities within 025 mile ofthe Project site where access is available Survey results shall be submitted to CDFG at least three days prior to the start of construction or decommissioning activities If active nests are not identified no further action is required and constructiondecommissioning may proceed If active nests are identified the Applicant shall consult with CDFG to develop and implement suitable avoidance measures consistent with the Staff Report Regarding Mitigation for Impacts to Swainsons
DOCS_N271545_V4_Boa rd_Agenda_Repor1_For_ The_Mchenry _Solar_Farm_Project_7 _26_11 Rev Dec 2010 88
f ID= BOARD RESOLUTION hlY1 IIArlel Walfr and POWir
Hawks in the Central Valley of California (CDFG 1994) To avoid impacting breeding efforts no construction or decommissioning activities shall occur between March land September 15 within 500 feet of an active nest that could cause nest abandonment or forced fledging These buffers may be reduced in consultation with CDFG Depending on conditions specific to each active nest and the relative location and rate of construction or decommissioning activities it may be feasible for such activities to occur as planned within the buffer without impacting the breeding effort In this case (to be determined in consultation with CDFG) the nest(s) shall be monitored by a qualified biologist during construction or decommissioning within the buffer The monitor shall have ltstop work authority If in the professional opinion of the monitor Project activities are negatively affecting the nesting behavior of the bird the monitor shall stop all such activities within the designated buffer Construction or decommissioning activities shall not resume until either the monitor has determined that the young have fledged the nest or as otherwise approved by CDFG With CDFG concurrence construction activities that are initiated outside the nesting season may continue even if raptors choose to nest within 500 feet of work activities Thus work may continue without delay if surveys verify the local absence of nesting raptors or if construction begins outside the nesting period (September 16 to February 28)
Mitigation Measure 44-1b Reduce Construction Noise Levels If it appears that noise or vibration from vibratory post driving associated with Project construction (or other similar noise-generating construction or decommissioning activity) could affect nesting Swainsons hawks that arrive after the start of construction specific measures including but not limited to use of noise dissipaters shall be implemented to reduce noise levels During post driving a noise level of no greater than 85 decibels (measured at the nest) shall be used as general guidance for nests that are established after construction
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation of this measure will reduce the potentially significant impact on biological resources
Impact 44-2
Impact 44-2 MID activities could result in potential disturbance or loss of Swainsons hawk and their habitat (DEIR page ES-10)
Mitigation Measure
Mitigation Measure 44-2 Avian-safe Transmission Line MID Transmission poles should be designed using criteria identified in Avian Power line Interaction Committee (APUC 2006)
OOCS_N271545_V4_Boad_AIlenda_Report]o_ The_Mchenrv_Sola_Farm_Poject_c26_11 Rev Dec 2010 89
Mdes Irrlgbullbulllen BOARD RESOLUTION
DItrid- ~lt1IDwater and Powtr
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation of this measure will reduce the potentially significant impact on biological resources
Impact 44-3 Impact 44-3 Project activities could impact other tree-nesting raptors andor protected nesting migratory birds (DEIR page ES-ll)
Mitigation Measure
Mitigation Measure 44-3 Preconstruction Raptor Surveys (Applicant) If Project-related construction andor decommissioning activities are to occur during the breeding period for nesting raptors andor protected nesting migratory birds (February 1 through August 31) the Applicant shall engage a qualified biologist to conduct preconstruction surveys of all potential habitat within 500 feet of the Project site no more than 14 days prior to the start of construction or decommissioning activities If active nests are not identified no further action is necessary If active nests are identified during preconstruction surveys a no-disturbance buffer shall be created around active raptor nests and nests of other special-status birds during the breeding season or until it is determined by the qualified biologist that all young have fledged Typical buffers are 500 feet for raptors and 250 feet for other nesting birds (eg waterfowl and passerine birds) The size of these buffer zones and types of construction or decommissioning activities allowed in these areas could be further modified in coordination with CDFG and shall be based on existing noise and disturbance levels in the Project area
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implernentation ofthis measure will reduce the potentially significant impact on biological resources
Impact 44-4
Impact 44-4 Project activities could result in potential disturbance or loss of burrowing owls and their habitat (DEIS page ES-ll)
Mitigation Measure
Mitigation Measure 44-4a Preconstruction Burrowing Owl Surveys (Applicant) The Applicant shall engage a qualified biologist to conduct preconstruction surveys for burrowing owls 14 to 30 days prior to the start of construction or decommissioning using the most current CDFG protocol Surveys shall cover grassland areas within a SOO-foot buffer from all Project constructiondecommissioning activities that are within suitable grasslands habitat including checking for adult and juvenile burrowing owls and owl nests If owls are detected during
DOCSN271545V4BoardAgendaReportForTheMchenrvSolarJarmProject72611 Rev Dec 2010 90
WID n BOARD RESOLUTION L bl Dltrld WIIIT Irld Ptlwtt
surveys occupied burrows shall not be disturbed Constructiondecommissioning exclusion areas (eg orange exclusion fence or signage) shall be established around the occupied burrows where no disturbance shall be allowed During the nonbreeding season (September 1 through January 31) the exclusion zone shall extend 160 feet around occupied burrows During the breeding season (February 1 through August 31) exclusion areas shall extend 250 feet around occupied burrows If the above requirements cannot be met passive relocation of onshysite owls may be implemented as an alternative but only during the nonbreeding season and only with prior CDFG approval Passive relocation shall be accomplished by installing one-way doors on the entrances of burrows located within 160 feet ofthe Project area The one-way doors shall be left in place for 48 hours to ensure the owls have left the burrow The burrows shall then be excavated with a qualified biologist present Constructiondecommissioning shall not proceed until the Project area is deemed free of owls by the qualified biologist
Mitigation Measure 44-4b Preconstruction Burrowing Owl Surveys (MID) Prior to construction MID shall conduct pre-construction surveys for burrowing owl for the subtransmissiondistribution line and fiber optic cable alignment These surveys shall be conducted using the most up-to-date CDFG published protocols (eg CDFGs 1995 Staff Report on Burrowing Owl Mitigation) If owls are detected during surveys occupied burrows shall not be disturbed
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation ofthis measure will reduce the potentially significant impact on biological resources
Cultural and Paleontological Resources
Impact 45-1
Impact 45-1 The proposed Project could potentially cause an adverse change in the significance of a unique archaeological resource pursuant to sect150645 (DEIR page ES-12)
Mitigation Measure
Mitigation Measure 45-1 If Cultural Resources are Discovered During Ground-Disturbing Activities Suspend Work until Resource is Evaluated Prior to the initiation of site preparation or start of construction (and subsequently decommissioning) the Applicant shall retain a qualified professional archaeologist to complete an archaeological resources training program for construction workers involved in grading and excavation activities Training shall include
awareness and recognition of archaeological materials and the procedures to follow if
construction crews encounter such materials in the course of earthwork excavation or grading If archaeological resources are encountered all activity within 50 feet of the find shall
cease until it can be evaluated by a qualified archaeologist Prehistoric archaeological materials
DOCS_N27154S_V4_Board_Asenda_Report_For_ The_Mchenry _Sol _fam]roject_7_26_11 Rev Dec 2010 91
Motlesto Irrlatlo~lt1ID BOARD RESOLUTIO N
II DIlrld VialfrantJ PCMl
could include obsidian and chert f1aked~stone tools (eg projectile points knives scrapers) or toolmaking debris culturally darkened soil (ilmidden) containing heat~affected rocks artifacts
or shellfish remains and stone milling equipment (eg mortars pestles handstones or milling slabs) and battered stone tools such as hammerstones and pitted stones Historic~period materials could include stone concrete or adobe footings and walls filled wells or privies and
deposits of metal glass andor ceramic refuse The archaeologist shall notify the Applicant and MID if the resource may be significant An appropriate treatment plan for the resources shall then be developed by the Applicant for approval by MID The archaeologist shall consult with Native American representatives in determining appropriate treatment for prehistoric or Native American cultural resources if discovered In considering any suggested mitigation proposed by the archaeologist the Applicant and MID shall determinewhether avoidance is feasible in light of factors such as the nature of the find project design costs and other considerations If avoidance is not feasible other appropriate measures (eg data recovery) shall be instituted Work may proceed in other parts of the Project site while mitigation for cultural resources in other areas of the site is being carried out
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation ofthis measure will reduce the potentially significant impact on unique archaeological resources
Impact 45-2
Impact 45-2 The proposed Project could potentially destroy a unique paleontological resource or site or unique geologic feature (DEIR page ES-12)
Mitigation Measure
Mitigation Measure 45-2 If Paleontological Resources are Discovered During Ground-Disturbing Activities Suspend Work until Resource is Evaluated Prior to the initiation of site preparation or start of construction (and subsequently decommissioning) the Applicant shall retain a qualified profeSSional paleontologist or a California Registered Professional Geologist (California RPG) with appropriate paleontological expertise as defined by the Society of Vertebrate Paleontologys Conformable Impact Mitigation Guidelines Committee (SVP 1995 Guidelines) to carry out a paleontological resources training program for construction workers involved in grading and excavation activities Training shall include awareness and recognition of potential fossil materials and the procedures to follow if construction crews encounter fossil materials in the course of earthwork excavation or grading If construction crews discover potential fossils all earthwork or other types of ground disturbance within 50 feet of the find shall stop immediately until the qualified professional paleontologist can assess the nature and importance of the find Based on the scientific value or uniqueness of the find the monitor may record the find and allow work to continue or recommend salvage and recovery of the fossil The Applicant shall require the paleontologist to be on-call throughout the duration of ground-disturbing activities
DOCS_N27154S_ V4_Boa rd_Agenda_Report]or_The_Mchenry _Solar ]a_ProjecC7_26_11 Rev Dec 2010 92
ID= BOARD RESOLUTION I 11 DlstrldwIltIdPowt
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation of this measure will reduce the potentially significant impact on paleontological resources
Impact 45-3
Impact 45-3 The proposed Project could potentially disturb any human remains including those interred outside of formal cemeteries (DEIR page ESmiddot13)
Mitigation Measure
Mitigation Measure 45-3 Halt Work if Human Skeletal Remains are Identified During Construction If human skeletal remains are uncovered during Project construction (and subsequently decommissioning) work shall immediately halt within 100 feet of the find The Applicant shall contact the Stanislaus County Coroner to evaluate the remains and shall follow the procedures and protocols set forth in sect150645(e(1) of the CEQA Guidelines If the County Coroner determines that the remains are Native American the Applicant shall contact the Native American Heritage Commission in accordance with Health and Safety Code Section 70505 subdivision (c) and Public Resources Code 509798 (as amended by AB 2641) The Native American Heritage Commission will designate a Most Likely Descendent of the deceased Native American who will provide recommendations as to the future disposition ofthe remains
Finding
The Board finds based on substantjal evidence presented in the record of proceedings that implementation of this measure will reduce the potentially Significant impact on human remains
Greenhouse Gas Emissions
Impact 48-2
Impact 48-2 The Project could conflict with the California Air Resources Boards Climate Change Scoping Plan (DEIR page ES-14)
Mitigation Measure
Mitigation Measure 48-2 Low SF6 Leak Rate Circuit Breaker and Monitoring The applicant shall ensure that the circuit breaker installed at the proposed new substation has a guaranteed SF6 annual leak rate of no more than 05 percent by volume The Applicant shall provide MID with documentation of compliance such as specification sheets prior to installation of the circuit breaker In addition the Applicant shall monitor the SF6middotcontaining circuit breaker at the substation consistent with Scoping Plan Measure H-6 for the detection and repair of leaks
OOCSN271545V4BoarltljgendaReportJo rTheMchenry_SolarJarm_Project72611 Rev Dec 2010 93
~MID
Mst Irrl_60 BOARD RESOLUTION
II District Weltr _rut Pampftl
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation ohhis measure will reduce the potentially significant impact on greenhouse gas emissions
Hazards and Hazardous Materials
Impact 49-2
Impact 49-2 The Project could result in an accidental spill or leak during construction or decommissioning that could release hazardous materials into the environment (DEIR page ESshy14)
Mitigation Measure
Mitigation Measure 49-2 Accidental Spill Prevention and Response Plan The Applicant shall prepare an Accidental Spill Prevention and Response Plan for construction and decommissioning activities for review and approval by Modesto Irrigation District The plan shall identify measures to prevent accidental spills from leaving the site and methods for responding to and cleaning up spills to limit the amount of materials released into the environment Such measures shall include but not be limited to ensuring that absorbent material tarps storage drums and other emergency spill supplies and equipment are kept at the Project site at all times
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation of this measure will reduce the potentially significant impact on hazardous materials
Transportation and Traffic
Impact 417-1
Impact 417-1 Project construction and decommissioning activities could intermittently and temporarily increase traffic congestion due to vehicle trips generated by construction workers and construction vehicles on area roadways (DEIR page ES-16)
Mitigation Measure
Mitigation Measure 417-1a MID Traffic Control Measures During construction and decommissioning of the sub-transmission and distribution lines and fiber optic cable MID shall implement the following traffic mitigation measures from the 2006 PEIR Update (2006 PEIR Update p 10-6)
DOCSN271545V4BoadAgendaRepoCForTheMhenrvSolaFarmProJeet72611 Rev Dolt 2010 94
cIbullbulltomiddot Irrlgatlon BOARD RESOLUTION e DistrIct~lt1ID
Wntr and POwtf
1 MID will coordinate design and construction of program facilities with the agencies with jurisdiction including Caltrans counties cities special districts other utilities and the FAA as required
2 MID will obtain any necessary encroachment permits inspections or other approvals from agencies with jurisdiction
2A MID will obtain any necessary approvals and inspections from agencies with jurisdiction
2B MID shall coordinate the design and construction and shall obtain any necessary permits from the County City or State prior to placing any facilities within the public road rights-of-way of those agencies and shall conform to applicable conditions in the encroachment permit
3 MID will utilize all necessary precautions to minimize safety concerns when working within public road rights-of-way Traffic safety cones construction signage or other measures will be used to alert drivers to construction activities
4 Electrical facilities placed within public rights-of-way will comply with applicable standards for avoiding hazards to drivers pedestrians and bicyclists
Mitigation Measure 417-1bApplicant Construction Traffic Management and Safety Plan Prior to the start of construction (and subsequently decommissioning) of the Project the Applicant shall prepare and implement a Traffic Management and Safety Plan that shall reduce or eliminate impacts associated with the Project The Plan shall adhere to Stanislaus County and Caltrans requirements and shall include at a minimum the following elements
a) Schedule Project-generated construction truck trips on SR 99 SR 108 and SR 219 outside the peak morning and evening commute hours to reduce potential traffic congestion and reduce potentia I for transit delays during the p traffic congestion and reduce potential for transit delays during the peak commute periods
b) Comply with transportation permit requirements of Caltrans and CHP when scheduling Project-generated construction truck trips carrying oversized loads In addition provide preshynotification to local police fire and emergency service providers of the timing location and duration of construction activities that could affect the movement of emergency vehicles on area roadways
c) Place signs (eg Slow Trucks andor Trucks Turning Ahead) along appropriate roads to notify drivers of construction traffic throughout the duration of the constructionperiodeak commute periods
DOCSN271545V4Boord_AgendaReportJorThe_MchenrySolaFa rmProject72611 Rev Dec 2010 95
IDn BOARD RESOLUTION~ -bl Dstrld Water lila POwtr
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation ofthis measure will reduce the potentially significant impact on traffic and transportation
Impact 417-3
Impact 417-3 Project construction and decommissioning activities could substantially increase traffic hazards due to construction in or adjacent to roads (DEIR page ES-17)
Mitigation Measure
Mitigation Measure 417-3 Implement Mitigation Measures 417-1a and 417-1b
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation of this measure will reduce the potentially significant impact on traffic and transportation
Impact 417-4
Impact 417-4 The Project could result in inadequate emergency access (DEIR page ES-17)
Mitigation Measure
Mitigation Measure 417-4 Develop an Emergency Access Plan for the Site The Applicant shall develop and implement an Emergency Access Plan which shall include evacuation routes and strategies to ensure accessibility and mobility for project area and emergency vehicles AdditionaI measures include developing an emergency action plan that identifies roles and responsibilities during emergencies and to update the plan regularly
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation of this measure will reduce the potentially significant impact on emergency access
VIII PROJECT ALTERNATIVES
The McHenry Solar Farm Project EIR is a project-specific ErR that evaluated a more than a dozen alternative locations to the proposed site three alternative sub-transmission line interconnection points for the proposed site three alternative solar technologies concentrated solar parabolic trough concentrated solar power tower and thin-film PV and two alternative approaches to the proposed generation of solar energy conservation and demand side management and distributed generation solar Table 1 lists the alternatives that were considered as well as which ones passed and the others that failed the screening analysis that was performed In addition the No Project Alternative was conSidered
DOCSN271545 V4BoardAgend bullbullReporCFor TheMchenry SolarFarmProJect72611 Rev Dec 2010
bull
96
~IDn BOARD RESOLUTION bJlTI District Waterlnd Power
The Final EIR presented the analysis for rejecting the alternative sites The Board independently evaluated this analysis and concurs in the analysis and conclusions presented The answering of the key question (See CEQA Guidelines Section 151266f)(2)A)) the Board finds that the Project does not cause any significant
environmental effect that is not reduced to less than significant with mitigation measures Never the lessl the EIR opted to address alternative sites
Various public comments offered generalized comments on alternatives sites No substantial evidence was presented regarding the feasibility of such sites or the reasonable ability of the Applicant to acquire the sitesl
and substantial evidence was not presented that these alternative sites would lessen all ofthe Projects significant effects to less than significant
DOCS_N271545_V4_Board_Ai n_ReporCFor _The_Mchenry _SolacFarm_Project_7 _26_11 Rev Dec 2010 97
COPIES OF THE DRAFT AND FINAL ENVIRONMENTALIMPACT REPORT AND ARE AVAILABLE FOR REVIEW ATTHE COUNTY PLANNING DEPARTMENT OFFICE OR VIATHE INTERNET AThttpwwwstancountycomplanningplagenda-min-2011shtm HARD COPIES OF ALL EIR DOCUMENTS REFERENCED INTHIS REPORT HAVE BEEN PROVIDED TO EACH MEMBEROF THE PLANNING COMMISSION
98
Executive Summary
McHenry Solar Project ES-8 May 2011 Draft Environmental Impact Report
TABLE ES-1 SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Aesthetics Visual Quality and Light and Glare
Impact 41-1 The Project could degrade the existing visual character or quality of the site and its surroundings
Less than Significant
None required
Impact 41-2 The Project would create a new source of light or glare which could adversely affect daytime or nighttime views in the area
Potentially Significant
Mitigation Measure 41-2 Nighttime Construction Lighting Nighttime construction lighting if required shall be shielded and oriented downward to minimize effects on any nearby receptors Lighting shall be directed toward active construction areas only and shall have the minimum brightness necessary to ensure worker safety
Less than Significant
Agriculture and Forest Resources
Impact 42-1 The Project would temporarily discontinue the current exclusive agricultural use (row crops) of Prime Farmland to a mix of agricultural use (grazing) and non-agricultural use
Less than Significant
None required
Air Quality
Impact 43-1 Construction and decommissioning activities would generate emissions of criteria pollutants including suspended and inhalable particulate matter and equipment exhaust emissions
Potentially Significant
Mitigation Measure 43-1 Implement Dust Control Measures The Applicant shall submit a Dust Control Plan to the APCO for approval prior to start of construction (and subsequently decommissioning) activities The Plan shall cover both Applicant and MID activities and shall require implementation of the following dust control measures
All disturbed areas including storage piles that are not being actively used for construction purposes shall be effectively stabilized of dust emissions using water chemical stabilizersuppressant covered with a tarp or other suitable cover or vegetative ground cover
All on-site unpaved roads and off-site unpaved access roads shall be effectively stabilized of dust emissions using water or chemical stabilizersuppressant
All land clearing grubbing scraping excavation land leveling grading cut and fill and demolition activities shall be effectively controlled of fugitive dust emissions using application of water or by presoaking
When materials are transported off-site all material shall be covered or effectively wetted to limit visible dust emissions and at least six inches of freeboard space from the top of the container shall be maintained
Limit or expeditiously remove trackout (ie accumulation of mud or dirt from Project-related vehicle tires) from adjacent public streets near the Project access points Trackout shall be immediately removed from public streets when it extends 50 or more feet from the Project access points otherwise trackout shall be removed at the end of each workday (The use of dry rotary brushes is expressly prohibited except where preceded or accompanied by sufficient wetting to limit the visible dust emissions)(Use of blower devices is expressly forbidden)
Less than Significant
99
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-9 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Air Quality (cont)
Impact 43-1 (cont) Following the addition of materials to or removal of materials from the surface of outdoor storage piles said piles shall be effectively stabilized of fugitive dust emissions using sufficient water or chemical stabilizersuppressant
Limit traffic speed on unpaved on-site roads to 15 mph
Install sandbags or other erosion control measures to prevent silt runoff to public roadways from sites with a slope greater than one percent
Install windbreaks at windward side(s) of construction areas
Suspend excavation and grading activity when winds exceed 20 mph
Impact 43-2 Operation of the Project would generate exhaust emissions of criteria pollutants from routine operations
Less than Significant
None required
Impact 43-3 The Project could result in permanently disturbed land that would serve as a source of fugitive dust emissions
Less than Significant
None required
Impact 43-4 Construction and decommissioning emissions associated with the Project could result in emissions of ozone precursors and particulate matter that would be cumulatively considerable
Potentially Significant
Mitigation Measure 43-4 Implement Mitigation Measure 43-1 Less than Significant
Impact 43-5 Operation and maintenance of the Project could generate emissions of criteria pollutants that would be cumulatively considerable
Less than Significant
None required
Impact 43-6 The Project would generate emissions of criteria pollutants potentially exposing sensitive receptors to harmful pollutant concentrations
Potentially Significant
Mitigation Measure 43-6 Implement Mitigation Measure 43-1 Less than Significant
Impact 43-7 The Project would generate emissions of Toxic Air Contaminants potentially exposing sensitive receptors to harmful pollutant concentrations
Less than Significant
None required
100
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-10 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Biological Resources
Impact 44-1 Applicant Project activities could result in potential disturbance or loss of Swainsonrsquos hawk and their habitat
Potentially Significant
Mitigation Measure 44-1a Preconstruction Surveys for Swainsonrsquos Hawk If Project-related construction or decommissioning activities are planned to occur during the nesting period (March 1 to September 15) the Applicant shall engage a qualified biologist to conduct preconstruction surveys for Swainsonrsquos hawk and their nests no more than 14 days before the start of construction or decommissioning activities within 025 mile of the Project site where access is available Survey results shall be submitted to CDFG at least three days prior to the start of construction or decommissioning activities If active nests are not identified no further action is required and constructiondecommissioning may proceed If active nests are identified the Applicant shall consult with CDFG to develop and implement suitable avoidance measures consistent with the Staff Report Regarding Mitigation for Impacts to Swainsonrsquos Hawks in the Central Valley of California (CDFG 1994) To avoid impacting breeding efforts no construction or decommissioning activities shall occur between March 1 and September 15 within 500 feet of an active nest that could cause nest abandonment or forced fledging These buffers may be reduced in consultation with CDFG
Depending on conditions specific to each active nest and the relative location and rate of construction or decommissioning activities it may be feasible for such activities to occur as planned within the buffer without impacting the breeding effort In this case (to be determined in consultation with CDFG) the nest(s) shall be monitored by a qualified biologist during construction or decommissioning within the buffer The monitor shall have ldquostop workrdquo authority If in the professional opinion of the monitor Project activities are negatively affecting the nesting behavior of the bird the monitor shall stop all such activities within the designated buffer Construction or decommissioning activities shall not resume until either the monitor has determined that the young have fledged the nest or as otherwise approved by CDFG
With CDFG concurrence construction activities that are initiated outside the nesting season may continue even if raptors choose to nest within 500 feet of work activities Thus work may continue without delay if surveys verify the local absence of nesting raptors or if construction begins outside the nesting period (September 16 to February 28)
Less than Significant
Mitigation Measure 44-1b Reduce Construction Noise Levels If it appears that noise or vibration from vibratory post driving associated with Project construction (or other similar noise-generating construction or decommissioning activity) could affect nesting Swainsonrsquos hawks that arrive after the start of construction specific measures including but not limited to use of noise dissipaters shall be implemented to reduce noise levels During post driving a noise level of no greater than 85 decibels (measured at the nest) shall be used as general guidance for nests that are established after construction
Impact 44-2 MID activities could result in potential disturbance or loss of Swainsonrsquos hawk and their habitat
Potentially Significant
Mitigation Measure 44-2 Avian-safe Transmission Line (MID) Transmission poles should be designed using criteria identified in Avian Power Line Interaction Committee (APLIC 2006)
Less than Significant
101
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-11 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Biological Resources (cont)
Impact 44-3 Project activities could impact other tree-nesting raptors andor protected nesting migratory birds
Potentially Significant
Mitigation Measure 44-3 Preconstruction Raptor Surveys (Applicant) If Project-related construction andor decommissioning activities are to occur during the breeding period for nesting raptors andor protected nesting migratory birds (February 1 through August 31) the Applicant shall engage a qualified biologist to conduct preconstruction surveys of all potential habitat within 500 feet of the Project site no more than 14 days prior to the start of construction or decommissioning activities If active nests are not identified no further action is necessary If active nests are identified during preconstruction surveys a no-disturbance buffer shall be created around active raptor nests and nests of other special-status birds during the breeding season or until it is determined by the qualified biologist that all young have fledged Typical buffers are 500 feet for raptors and 250 feet for other nesting birds (eg waterfowl and passerine birds) The size of these buffer zones and types of construction or decommissioning activities allowed in these areas could be further modified in coordination with CDFG and shall be based on existing noise and disturbance levels in the Project area
Less than Significant
Impact 44-4 Project activities could result in potential disturbance or loss of burrowing owls and their habitat
Potentially Significant
Mitigation Measure 44-4a Preconstruction Burrowing Owl Surveys (Applicant) The Applicant shall engage a qualified biologist to conduct preconstruction surveys for burrowing owls 14 to 30 days prior to the start of construction or decommissioning using the most current CDFG protocol Surveys shall cover grassland areas within a 500-foot buffer from all Project constructiondecommissioning activities that are within suitable grasslands habitat including checking for adult and juvenile burrowing owls and owl nests If owls are detected during surveys occupied burrows shall not be disturbed
Constructiondecommissioning exclusion areas (eg orange exclusion fence or signage) shall be established around the occupied burrows where no disturbance shall be allowed During the nonbreeding season (September 1 through January 31) the exclusion zone shall extend 160 feet around occupied burrows During the breeding season (February 1 through August 31) exclusion areas shall extend 250 feet around occupied burrows
If the above requirements cannot be met passive relocation of on-site owls may be implemented as an alternative but only during the nonbreeding season and only with prior CDFG approval Passive relocation shall be accomplished by installing one-way doors on the entrances of burrows located within 160 feet of the Project area The one-way doors shall be left in place for 48 hours to ensure the owls have left the burrow The burrows shall then be excavated with a qualified biologist present Constructiondecommissioning shall not proceed until the Project area is deemed free of owls by the qualified biologist
Less than Significant
Mitigation Measure 44-4b Preconstruction Burrowing Owl Surveys (MID) Prior to construction MID shall conduct pre-construction surveys for burrowing owl for the sub-transmissiondistribution line and fiber optic cable alignment These surveys shall be conducted using the most up-to-date CDFG published protocols (eg CDFGs 1995 Staff Report on Burrowing Owl Mitigation) If owls are detected during surveys occupied burrows shall not be disturbed
102
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-12 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Cultural and Paleontological Resources
Impact 45-1 The proposed Project could potentially cause an adverse change in the significance of a unique archaeological resource pursuant to sect150645
Potentially Significant
Mitigation Measure 45-1 If Cultural Resources are Discovered During Ground-Disturbing Activities Suspend Work until Resource is Evaluated Prior to the initiation of site preparation or start of construction (and subsequently decommissioning) the Applicant shall retain a qualified professional archaeologist to complete an archaeological resources training program for construction workers involved in grading and excavation activities Training shall include awareness and recognition of archaeological materials and the procedures to follow if construction crews encounter such materials in the course of earthwork excavation or grading If archaeological resources are encountered all activity within 50 feet of the find shall cease until it can be evaluated by a qualified archaeologist Prehistoric archaeological materials could include obsidian and chert flaked-stone tools (eg projectile points knives scrapers) or toolmaking debris culturally darkened soil (ldquomiddenrdquo) containing heat-affected rocks artifacts or shellfish remains and stone milling equipment (eg mortars pestles handstones or milling slabs) and battered stone tools such as hammerstones and pitted stones Historic-period materials could include stone concrete or adobe footings and walls filled wells or privies and deposits of metal glass andor ceramic refuse The archaeologist shall notify the Applicant and MID if the resource may be significant An appropriate treatment plan for the resources shall then be developed by the Applicant for approval by MID The archaeologist shall consult with Native American representatives in determining appropriate treatment for prehistoric or Native American cultural resources if discovered
In considering any suggested mitigation proposed by the archaeologist the Applicant and MID shall determine whether avoidance is feasible in light of factors such as the nature of the find project design costs and other considerations If avoidance is not feasible other appropriate measures (eg data recovery) shall be instituted Work may proceed in other parts of the Project site while mitigation for cultural resources in other areas of the site is being carried out
Less than Significant
Impact 45-2 The proposed Project could potentially destroy a unique paleontological resource or site or unique geologic feature
Potentially Significant
Mitigation Measure 45-2 If Paleontological Resources are Discovered During Ground-Disturbing Activities Suspend Work until Resource is Evaluated Prior to the initiation of site preparation or start of construction (and subsequently decommissioning) the Applicant shall retain a qualified professional paleontologist or a California Registered Professional Geologist (California RPG) with appropriate paleontological expertise as defined by the Society of Vertebrate Paleontologyrsquos Conformable Impact Mitigation Guidelines Committee (SVP 1995 Guidelines) to carry out a paleontological resources training program for construction workers involved in grading and excavation activities Training shall include awareness and recognition of potential fossil materials and the procedures to follow if construction crews encounter fossil materials in the course of earthwork excavation or grading If construction crews discover potential fossils all earthwork or other types of ground disturbance within 50 feet of the find shall stop immediately until the qualified professional paleontologist can assess the nature and importance of the find Based on the scientific value or uniqueness of the find the monitor may record the find and allow work to continue or recommend salvage and recovery of the fossil The Applicant shall require the paleontologist to be ldquoon-callrdquo throughout the duration of ground-disturbing activities
Less than Significant
103
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-13 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Cultural and Paleontological Resources (cont)
Impact 45-3 The proposed Project could potentially disturb any human remains including those interred outside of formal cemeteries
Potentially Significant
Mitigation Measure 45-3 Halt Work if Human Skeletal Remains are Identified During Construction If human skeletal remains are uncovered during Project construction (and subsequently decommissioning) work shall immediately halt within 100 feet of the find The Applicant shall contact the Stanislaus County Coroner to evaluate the remains and shall follow the procedures and protocols set forth in sect150645(e)(1) of the CEQA Guidelines If the County Coroner determines that the remains are Native American the Applicant shall contact the Native American Heritage Commission in accordance with Health and Safety Code Section 70505 subdivision (c) and Public Resources Code 509798 (as amended by AB 2641) The Native American Heritage Commission will designate a Most Likely Descendent of the deceased Native American who will provide recommendations as to the future disposition of the remains
Less than Significant
Energy Conservation
Impact 46-1 The construction operation and maintenance and decommissioning of the Project could result in consumption of energy
Less than Significant
None required
Impact 46-2 Construction operation and maintenance and decommissioning of the Project would require use of transportation energy
Less than Significant
None required
Impact 46-3 The Projectrsquos overall use of efficient transportation alternatives would be limited
Less than Significant
None required
Geology and Soils
Impact 47-1 The Project could expose people or structures to potential adverse effects including the risk of loss injury or death involving strong seismic ground shaking and earthquake-induced ground failure (such as liquefaction and lateral spreading)
Less than Significant
None required
Impact 47-2 The Project could result in soil erosion or loss of topsoil
Less than Significant
None required
Impact 47-3 The Project could be located on expansive soil as defined in Table 18-1-B of the Uniform Building Code (1994) creating risks to life or property
Less than Significant
None required
104
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-14 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Geology and Soils (cont)
Impact 47-4 The Project site could have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater
Less than Significant
None required
Greenhouse Gas Emissions
Impact 48-1 The Project would result in emissions of greenhouse gases that would contribute to global climate change
Less than Significant
None required
Impact 48-2 The Project could conflict with the California Air Resources Boardrsquos Climate Change Scoping Plan
Potentially Significant
Mitigation Measure 48-2 Low SF6 Leak Rate Circuit Breaker and Monitoring The Applicant shall ensure that the circuit breaker installed at the proposed new substation has a guaranteed SF6 annual leak rate of no more than 05 percent by volume The Applicant shall provide Modesto Irrigation District with documentation of compliance such as specification sheets prior to installation of the circuit breaker In addition the Applicant shall monitor the SF6-containing circuit breaker at the substation consistent with Scoping Plan Measure H-6 for the detection and repair of leaks
Less than Significant
Hazards and Hazardous Materials
Impact 49-1 Project construction decommissioning and operationmaintenance could create a hazard to the public or the environment through the routine transport use or disposal of hazardous materials
Less than Significant
None required
Impact 49-2 The Project could result in an accidental spill or leak during construction or decommissioning that could release hazardous materials into the environment
Potentially Significant
Mitigation Measure 49-2 Accidental Spill Prevention and Response Plan The Applicant shall prepare an Accidental Spill Prevention and Response Plan for construction and decommissioning activities for review and approval by Modesto Irrigation District The plan shall identify measures to prevent accidental spills from leaving the site and methods for responding to and cleaning up spills to limit the amount of materials released into the environment Such measures shall include but not be limited to ensuring that absorbent material tarps storage drums and other emergency spill supplies and equipment are kept at the Project site at all times
Less than Significant
Hydrology and Water Quality
Impact 410-1 The Project could potentially degrade water quality such that it could violate water quality standards or waste discharge requirements
Less than Significant
None required
105
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-15 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Hydrology and Water Quality (cont)
Impact 410-2 The Project could alter the existing drainage pattern of the site in a manner that could result in erosion or sedimentation on- or off-site or which could contribute to flooding
Less than Significant
None required
Impact 410-3 The Project could create or contribute runoff water that could exceed the capacity of existing or planned stormwater drainage systems or provide additional sources of polluted runoff
Less than Significant
None required
Impact 410-4 The Project could expose people or structures to a risk of loss injury or death involving flooding including flooding as a result of the failure of a levee or dam
Less than Significant
None required
Land Use and Planning
The Project would have no impacts in this resource area
Mineral Resources
The Project would have no impacts in this resource area
Noise
Impact 413-1 Project-related post driving would result in exposure of persons to groundborne vibration
Less than Significant
None required
Impact 413-2 Operation and maintenance of the Project would increase local ambient noise levels
Less than Significant
None required
Impact 413-3 Project construction and decommissioning activities would temporarily increase local ambient noise levels
Less than Significant
None required
Population and Housing
The Project would have no impacts in this resource area
106
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-16 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Public Services
The Project would have no impacts in this resource area
Recreation
The Project would have no impacts in this resource area
Transportation and Traffic
Impact 417-1 Project construction and decommissioning activities could intermittently and temporarily increase traffic congestion due to vehicle trips generated by construction workers and construction vehicles on area roadways
Potentially Significant
Mitigation Measure 417-1a MID Traffic Control Measures During construction and decommissioning of the sub-transmission and distribution lines and fiber optic cable MID shall implement the following traffic mitigation measures from the 2006 PEIR Update (2006 PEIR Update p 10-6)
1 MID will coordinate design and construction of program facilities with the agencies with jurisdiction including Caltrans counties cities special districts other utilities and the FAA as required
2 MID will obtain any necessary encroachment permits inspections or other approvals from agencies with jurisdiction
2A MID will obtain any necessary approvals and inspections from agencies with jurisdiction
2B MID shall coordinate the design and construction and shall obtain any necessary permits from the County City or State prior to placing any facilities within the public road rights-of-way of those agencies and shall conform to applicable conditions in the encroachment permit
3 MID will utilize all necessary precautions to minimize safety concerns when working within public road rights-of-way Traffic safety cones construction signage or other measures will be used to alert drivers to construction activities
4 Electrical facilities placed within public rights-of-way will comply with applicable standards for avoiding hazards to drivers pedestrians and bicyclists
Less than Significant
Mitigation Measure 417-1b Applicant Construction Traffic Management and Safety Plan Prior to the start of construction (and subsequently decommissioning) of the Project the Applicant shall prepare and implement a Traffic Management and Safety Plan that shall reduce or eliminate impacts associated with the Project The Plan shall adhere to Stanislaus County and Caltrans requirements and shall include at a minimum the following elements
a) Schedule Project-generated construction truck trips on SR 99 SR 108 and SR 219 outside the peak morning and evening commute hours to reduce potential traffic congestion and reduce potential for transit delays during the peak commute periods
107
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-17 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Transportation and Traffic (cont)
Impact 417-1 (cont) b) Comply with transportation permit requirements of Caltrans and CHP when scheduling Project-generated construction truck trips carrying oversized loads In addition provide pre-notification to local police fire and emergency service providers of the timing location and duration of construction activities that could affect the movement of emergency vehicles on area roadways
c) Place signs (eg ldquoSlow Trucksrdquo andor ldquoTrucks Turning Aheadrdquo) along appropriate roads to notify drivers of construction traffic throughout the duration of the construction period
Impact 417-2 The Project could conflict with established congestion management programs on affected roads or highways
Less than Significant
None required
Impact 417-3 Project construction and decommissioning activities could substantially increase traffic hazards due to construction in or adjacent to roads
Potentially Significant
Mitigation Measure 417-3 Implement Mitigation Measures 417-1a and 417-1b Less than Significant
Impact 417-4 The Project could result in inadequate emergency access
Potentially Significant
Mitigation Measure 417-4 Develop an Emergency Access Plan for the Site The Applicant shall develop and implement an Emergency Access Plan which shall include evacuation routes and strategies to ensure accessibility and mobility for project area and emergency vehicles Additional measures include developing an emergency action plan that identifies roles and responsibilities during emergencies and to update the plan regularly
Less than Significant
Utilities and Service Systems
Impact 418-1 The proposed Project would require or result in the construction of new stormwater drainage facilities the construction of which could cause significant environmental effects
Less than Significant
None required
108
109
110
REFERRED TO
YE
S
NO
WILL NOT
HAVE
SIGNIFICANT
IMPACT
MAY HAVE
SIGNIFICANT
IMPACT
NO COMMENT
NON CEQA YE
S
NO
YE
S
NO
AGRICULTURE COMMISSIONER X
AIRPORT LAND USE COMMISSION X
ALLIANCE X
BUILDING PERMITS DIVISION X X X
CALTRANS DISTRICT 10 X
CHIEF EXECUTIVE OFFICE X
CITY OF RIVERBANK X
COOPERATIVE EXTENSION X
CORPS OF ENGINEERS X
COUNTY COUNSEL X
ENVIRONMENTAL RESOURCES X X X
FIRE PROTECTION DIST STANISLAUS
CONSOLIDATED X X X
FISH amp GAME DEPT OF X
HAZARDOUS MATERIALS X
IRRIGATION DISTRICT MODESTO X X X
LAFCO X
MODESTO REGIONAL FIRE AUTHORITY FPB X
MOSQUITO DISTRICT EASTSIDE X
MT VALLEY EMERGENCY MEDICAL X
PACIFIC GAS amp ELECTRIC X
PUBLIC WORKS X X X
REGIONAL WATER QUALITY CONTROL X
SAN JOAQUIN VALLEY APCD X
SCHOOL DISTRICT 1 MODESTO X X X
SCHOOL DISTRICT 2 STANISLAUS X
SHERIFF X
StanCOG X
STANISLAUS COUNTY FARM BUREAU X
STANISLAUS ERC X
STATE CLEARINGHOUSE X
STATE LANDS COMMISSION X
SUPERVISORIAL DISTRICT 4 MONTEITH X
SURROUNDING LAND OWNERS
TELEPHONE COMPANY ATampT X
UNITED STATES MILITARY AGENCIES (SB 1462) (5 agencies) X
US FISH amp WILDLIFE X
X
X
SUMMARY OF RESPONSES FOR USE PERMIT REVIEW REFERRALS
RESPONDED RESPONSEMITIGATION
MEASURESCONDITIONS
PROJECT USE PERMIT APPLICATION NO 2011-10 - McHENRY SOLAR FARM
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
RESPONSIBLE
AGENCY REFERRAL
PUBLIC HEARING
NOTICE
X
X
X
X
X
X
X
X
X
111
77
78
Irrlaon BOARD RESOLUTION III DItrlctllt1ID Mobullbullslo
Wter ald hwir
ATTACHMENT A
BEFORE THE BOARD OF DIRECTORS
OF THE
MODESTO IRRIGATION DISTRICT
Re McHenry Solar Farm Project Findings of Fact
GENERAL INFORMATION AND DESCRIPTION OF PROJECT
Introduction Solar Star California VIII llC2 (Solar Star or Applicant) proposes to construct operate and ultimately
decommission a 25-megawatt alternating current (MWac) photovoltaic (PV) electricity generating facility and
associated infrastructure on an approximately 154-acre site in northern unincorporated Stanislaus County to be
known as the McHenry Solar Farm (Project) The Project would generate and deliver solar-generated power to
the MID sub-transmission and distribution system
As part of the Project the Modesto Irrigation District (MID) is proposing to construct own and operate a switching
station in a new switchyard to be located adjacent to the proposed on-site Project substation and a new overhead
69-kilovolt (kV) sub-transmission line and 12-kV distribution line The new sub-transmission and distribution lines
would interconnect the proposed solar facility to the existing MID electric system by connecting to an existing 69shy
kV sub-transmission line and 12-kV distribution line along McHenry Avenue Construction of the interconnection
for the proposed solar power plant would be preceded by MIDs discretionary action to approve the large
Generator Interconnection Agreement (lGIA) The lGIA would define all facilities necessary to safely and reliably
operate MIDs electric system with the Project
Major components of the proposed Solar Star facilities are
bull Solar field comprised of a combination of 1- and 15-MW power blocks
bull On-site substation
bull Operation and Maintenance (OampM) building
bull Other site improvements including access roads fencing lighting and landscaping
2 Solar Star California VIII LLC is a vvholly-owned subsidiary of the SunPower Corporation
DOCS_N271545_V4_BoardAgendaReportJor_The _Mchenry_Solar FarmProJect7_2611 Rev Dec 2010 79
f UID =~n BOARD RESOLUTION J~I District Waftrand PeoW8(
Major components of the proposed MID facilities are
bull 69-kV electrical switchyard on the Project site
bull Approximately 700-foot-long 69middotkV double-circuit overhead electric sub-transmission line and 12-kV distribution line
bull Approximately 75 miles of new overhead fiber optic cable to be installed on the poles of an existing distribution and 69-kV sub-transmission line system
bull A control building
Major project development milestones are (dates are approximate)
bull September 2011 start construction
bull March 2012 begin commercial operation
bull July 2012 project completion
The Project would operate yeaNound and would have the capacity to produce 25 MW of solar power The Project would generate electricity during daylight hours when electricity demand is at its peak and would provide for the annual electricity needs of approximately 6000 residences
Project Location The proposed site is located in northern unincorporated Stanislaus County between the City of
Riverbank and community of Del Rio along Patterson Road near the intersection with McHenry Avenue and consists of Assessors Parcel Numbers (APNs) 074-002-021 -029 -030 and -031 The residence and associated buildings located on a portion ofthese parcels are not part of the Project site
Purpose and Need for the Project The California Renewable Portfolio Standard legislation enacted in 2002 (Senate Bill 1078) and accelerated in
2006 requires retail sellers ofelectricity to obtain 20 percent of their supply of electricity from renewable energy sources such as solar by 2010 Then Governor Schwarzenegger also set a state-wide goal of achieving a 33 percent renewable energy share by 2020 to reduce the impact of greenhouse gases on the environment The 33 percent goal was enacted into law by current Governor Brown on April 12 2011 with his signing of Senate Bill 2X Power generated by the Project would be delivered directly to MID pursuant to the terms of a 25-year power purchase agreement
MID currently obtains approximately 27 percent ofits electrical supply from renewable energy sources
Twenty-six percent of that renewable energy comes from wind energy projects all of which are located outside of MIDs system and many of which are located in Oregons Columbia River Gorge MID
has a need to diversify its renewable energy portfolio by procuring power with more predictable
operating characteristics than wind power Unlike wind local solar power would provide peak
electricity generation that would coincide well with MIDs customer peak load (sunny hot summer
OOCSN271545 _ V4BoardAllendaReportFor _The_Mchenry _Solar Farm_Project]2611 Rev Dee 2010 80
rID BOARD RESOLUTION 1 Dlstrid Wltetllld Pcwtr
days) Local solar power would also avoid line losses associated with transmitting electricity over long distances from remote sources
The Applicant and MID are proposing the Project as an economically viable source of clean renewable electricity generation that helps meet Californias growing demand for power fulfills numerous state and national renewable energy policies and goals and provides important geographic and source diversity for MIDs energy portfolio
II BACKGROUND
Environmental Science Associates (ESA) acted as consultant to Solar Star for the purpose of preparing the appropriate environmental document (the Environmental Impact Report [EIR]) pursuant to the requirements of the California Environmental Quality Act (CEQA)
CH2M HILL acted as consultant to MID for the purpose of providing a third-party independent review of the EIR that was prepared for the project These Findings are prepared pursuant to CEQA
On December 6 2010 MID published and distributed a Notice of Preparation (NaP) to advise interested local regional and State agencies Native American tribal organizations and interested public that an EIR would be prepared for the proposed Project The Nap solicited both written and verbal comments on the EIRs scope during a 30-day comment period
A Draft Environmental Impact Report (DEIR) was prepared and distributed to interested parties and potentially affected agencies and organizations on May 18 2011 Public Notices for the DEIR and a public meeting was published in the Modesto Bee on June 9 and 152011 The public meeting took place June 16 2011 at MIDs downtown offices The review period for the DEIR ended on July 5 2011 Comments received on the DEIR prompted only minor changes to the text of the DEIR and resulted in no changes to the conclusions presented in the DEIR
The Final EIR was distributed on July 15 2011 The Board of Directors of MID considered the Final fiR for the McHenry Solar Farm Project at a noticed public hearing held on July 26 2011 At the hearing the Board of Directors of MID took the following actions
bull Certified the Final Environmental Impact Report for the McHenry Solar Farm Project as adequate and complete
bull Adopted the Mitigation Monitoring Plan and Findings of Fact for the Project
III RECORD OF PROCEEEDINGS
For the purpose of compliance with CEQA and its requirements for Findings the record of proceedings for the project is comprised as follows
1 The Initial Study prepared for the project
2 The Notice of Preparation and all other public notices issued by MID in conjunction with the project
3 All responses to the EIR Notice of Preparation
DOCS_N271545_V4_Boad_Agenda_ReportJor_The_Mdnry _Sol _Farm_Poject_7_26_11 Rev Dec 2010 81
BOARD RESOLUTION
4 All public meeting notes and presentations
5 The DEIR including all technical appendices
6 All comments submitted by agencies or members of the public during the public comment period on the Draft EIR and responses to those comments
7 The Final EIR prepared for the project
8 The Mitigation Monitoring Plan developed for the project
9 Written documentation and maps All staff reports memoranda maps letters meeting minutes or other documents that were prepared for or reviewed by the Board of Directors for MID
10 All testimonYdocuments and other evidence presented by MID relating to the project
11 All documents submitted to MID by agencies or members of the public in connection with the project
12 Minutes of all public meetings held by MID in connection with ~he project
13 Matters of common knowledge to the Board of Directors of MID including but not limited to
a) Stanislaus County General Plan and Zoning Code
All items listed above are in the custody of Modesto Irrigation District 1231 Eleventh Street Modesto CA 95354
IV FINDINGS REQUIRED UNDER CEQA
To the extent that a project is subject to CEQA a public agency may not approve the project as proposed if feasible mitigation measures or feasible alternatives are available that would substantially lessen the projects significant environmental effects (Pub Resources Code sect21002) Based on Section 21002 both the California Resources Agency and the States courts have recognized that in approving projects with significant environmental effects public agencies have an obligation to modify the project to the extent feasible to substantially lessen or avoid such effects (CEQA Guidelines sect 15002 subd (a)3) 15021 subd (a)2) Sierra Club v Gilroy City Council (1990) 22 CalApp3d 30 41 [271 Cal Rptr393])
Public Resources Code Section 210611 defines feasible to mean capable of being accomplished in a successful manner within a reasonable period oftime taking into account economic enVironmental social and technological factors CEQA Guidelines Section 15364 adds another factor legal considerations See also Citizens of Goleta Valley v Board of Supervisors (Goleta 11) (1990) 52 Cal3d 553565 [276 CalRptr 410]) An agency may reject mitigation measures or environmentally superior alternatives as being infeasible if they frustrate the objectives of a proposed project (See City of Del Mar v City of San Diego (1982) 133 CalApp3d 410416-417 [183 CalRptr 898 Seguovah Hills Homeowners Association v City of Oakland (1993) 23 CalAppAth 704 715 [29 Cal Rptr2d 182])
DOCS_N271545_V4_Board_Agenda_ReportJor_The_Mchenry_SolarJarm]roject_7_26_11 Rev Dec 2010 82
Moto Irrigation BOARD RESOLUTION~lt1ID II District
WattralUtPOWott
The obligation to substantially lessen or avoid significant effects where feasible is implemented in part through the adoption of CEQA findings as mandated by Public Resources Code sect21081 The parallel section in the CEQA Guidelines is sect15091 which provides that before an agency can approve a project for which an EIR has identified significant environmental effects the agency must first adopt one or more findings for each [such] significant effect For each effect the agencys findings must reach one or more of three permissible conclusions
The first possible finding IS that changes or alterations have been required in or incorporated into the project which avoid or substantially lessen the significant environmental effect as identified in the final ErR (CEQA Guidelines sect15091 subd (a)(1))
The second permissible finding is that (s)uch changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding Such changes have been adopted by such other agency or can and should be adopted by such other agency (CEQA Guidelines sect15091 subd (a)(2))
As to the third permissible conclusion CEQA Guidelines sect15091 no longer exactly tracks the statutory language ofPublic Resources Code sect21081 subdivision (a)(3) which was amended in 1993 and again in 1994 The amended statute provides that the third permissible conclusion is that (s)pecific economic legal social technological or other considerations including provision of employment opportunities for highly trained workers make infeasible the mitigation measures or project alternatives identified in the ErR (Pub Resources Code sect21081 subd (a)(3) see also CEQA Guidelines sect15091 subd (a)(3))
The CEQA Guidelines do not define the difference between avoiding a significant environmental effect and merely substantially lessening such an effect MID must therefore glean the meaning of these terms from the other contexts in which the terms are used Public Resources Code section 21081 on which CEQA Guidelines section 15091 is based uses the term mitigate rather that substantially lessen Such an understanding ofthe statutory term is consistent with Public Resources Code sect21002 which as noted earlier uses the terms substantially lessen and avoid but does not use the word mitigate
For purposes of these findings the term avoid refers to the effectiveness of one or more mitigation measure to reduce an otherwise significant effect to a less than significant level In contrast the term substantially lessen refers to the effectiveness of such a measure or measure to substantially reduce the severity of a significant effect but not to reduce that effect to a less than significant level
Although CEQA Guidelines Section 15091 requires only that approving agencies specify that a particular significant effect is avoid[ed] or substantially lessen[edJ these findings for purposes of clarity in each case will specify whether the effect in question has been avoided (Ie reduced to a less than significant levels) or has simply been substantially lessened but remains significant
In seeking to effectuate the substantive policy of CEQA to substantially lessen or avoid significant environmental effects to the extent feaSible an agency in adopting findings need not necessarily address the feasibility of both mitigation measures and environmentally superior alternatives when contemplating approval of a proposed project with significant impacts Where a significant impact can
DOCS_N271545_V4_Boaro_Agenda_ReportJor _The_Mchenry _Solar_Farl11_ProjecC7_26_11 Rev Dec 2010 83
BOARD RESOLUTION
be mitigated to an acceptable level solely by the adoption of a feasible mitigation measure or measures the agency in drafting its findings has no obligation even to consider the feasibility of any environmentally superior alternative that could also substantially lessen or avoid that same impactshyeven ifthe alternative would render the impact less severe than would the proposed project as mitigated (laurel Hills Homeowners Associated v City Council (1978) 83 Ca1App3d515 521 [147 CalRptr 842] see also Kings County Farm Bureau v City of Hanford (1990) 221 CalApp3d 692 730shy731 [270 CalRptr 650] and laurel Heights Improvement Associated v Regents ofthe University of California (Laurel Heights I) (1988)47 Cal 3d 376 400-403 [253 CalRptr 426])
In these findings MID first addresses the extent to which each significant environmental effect can be substantially lessened or avoided through the adoption of feasible mitigation measures MID also addresses the extent to which alternatives described in the EIR are (i) environmentally superior and (ii) feasible within the meaning of CEQA
In cases in which a projects significant effects cannot be mitigated or avoided an agency after adopting proper findings may nevertheless approve the project if it first adopts a statement of overriding considerations setting forth the specific reasons why the agency found that the benefits of the project outweigh the significant effects on the environment (Pub Resources Code sect21081 subd (b) see also CEQA Guidelines sectsect15093 15043 subd (b)) In this case all impacts have been mitigated sufficiently so that a statement of overriding considerations is not needed
The California Supreme Court has stated that (t)he wisdom of approvingany development project a delicate task which requires a balancing of interests is necessarily left to the sound discretion of the local officials and their constituents who are responsible for such decisions The law as we interpret and apply it simply requires that those decisions be informed and therefore balanced (Goleta II supra 52 Cal 3d at 576 [276 CalRptr 410])
V LEGAL EFFECT OF FINDINGS
To the extent that these Findings conclude that proposed mitigation measures outlined in the Draft and Final EIR are feasible and have not been modified superseded or withdrawn MID hereby binds the Applicant and any other responsible parties to implement those measures
These Findings in other words are not merely informational or hortatory but constitute a binding set of obligations that will come into effect when MID adopts the resolution(s) andor ordinance(s) approving the Project (Pub Resources Code sect210816 subd (b)) In addition the adopted mitigation measures are conditions of approval
VI MITIGATION MONITORING PLAN
As required by Public Resources Code sect210816 subd (a)(I) MID in adopting these Findings also adopts a Mitigation Monitoring Plan (MMP) The MMP is designed to ensure that during Project implementation MID and any other responsible parties comply with the feasible mitigation measures identified below The plan is described in the document entitled Mitigation Monitoring Plan (which is included in Chapter 10 of the Draft EIR)
DOCS_N271S45_V4_Board_Agenda_ReportJor _The_Mchenry _Solar_Farm_ProJecC7 _26_11 Rev )ec2010 84
Jf ID =11 BOARD RESOLUTION~ -hf Dlstrld Wattrand Power
The MMP that the Board of Directors for MID will adopt with these Findings of Fact contains the Draft EIR verbatim mitigation measures (the mitigation measures were not changed in the Final EIR) The mitigation measures in the MMP are referenced to the mitigation measures contained herein in Section VII
VII SIGNIFICANT ADVERSE IMPACTS AND MITIGATION MEASURES
For all of the environmental resources that were evaluated in the EIR there were some impacts that were considered less Than Significant and other impacts within the same environmental resource were considered either Potentially Significant No impacts were deemed Significant These Findings do not address resource issues that were determined to have No Impact Resources for which No Impacts were determined include land Use and Planning Mineral Resources Population and Housing Public Services and Recreation
Less-than-Significant Impacts These Findings do not address impacts that are considered less than significant prior to mitigation The lessshythan-significant impacts are not addressed in these Findings Impacts were found to be less than significant for Agriculture and Forest Resources Energy Conservation Geology and Soils Hydrology and Water Quality Noise and Utilities and Service Systems
However due to the number of comments at the public meeting and subsequently in written comments during the public comment period about the use of agricultural land for the proposed solar farm the Board is adopting the following finding concerning the conclusion of the EIR and the independent conclusion of the Board that the project will not cause a significant environmental effect in the form of converting agricultural land Based upon substantial evidence and expert opinion of the independent EIR consultant the EIR concluded that the potential conversion of agricultural land to non-agricultural uses was not a significant effect caused by the Project In reaching this conclusion the EIR emphasized multiple facts policies and evidence The use is a temporary use allowed by a lease between the proponent and the land owner At the conclusion of the leasehold estate the proponent has a contractual obligation to restore the land to the condition present before the lease executed This includes dismantling and removing all equipment excavating and removing all underground wires and cables removing all posts and roads breaking up and removing all cement pads and foundations removing all septic tanks and leach fields and regarding the real property to facilitate continued farming operations (Decommissioning activities)
The County has the power to and may include a condition requiring the proponent complete the decommissioning actiVity Communications with Stanislaus County indicate that a formal agreement should be developed that will keep the subject property in some level of agricultural production (albeit grazing) during the project life and return it to a state suitable to agricultural production at the conclusion of the project
In addition CEQA Guideline Appendix G indicates that if a project causes a significant environmental effect if it converts prime or unique farmland or if it converts farmland of Statewide Importance The Board independently reviewed the analysis of the term convert found at page 32-3 of the Final EIR and independently concludes based upon this analysis that since the land will be restored to the agricultural condition prior to executing the lease that the project does not amount to a permanent or irreversible conversion of agricultural land Therefore the Board finds that the Project does not cause a significant environmental effect in the form of converting agricultural land
DOCS_N271S4S_V4_Board_Agenda_Report_ForJhe_MchenFl_Solar]arm_ProJecC7_l6_11 Rev De 1010 85
BOARD RESOLUTIO N
Furthermore Stanislaus County with significant expertise in the area of preserving and protecting agricultural land has previous addressed this issue and determined that a temporary use of farmland for a solar farm is a less than significant environmental effect under CEQA
Significant Impacts for Which Mitigation Measures are Provided The EIR also identified several impacts that are considered to be Potentially Significant The impacts in this category are Aesthetics Visual Quality and Light and Glare Air Quality Biological Resources Cultural and Paleontological Resources Greenhouse Gas Emissions Hazards and Hazardous Materials and Transportation and Traffic These impacts will be fully avoided through the adoption of feasible mitigation measures No significant unavoidable environmental impacts are expected from either construction or operation ofthe project
Each of these impacts can be reduced to lessmiddotthan-significant levels andor avoided with the implementation of mitigation measures They are considered below
Aesthetics Visual Quality and Light and Glare
Impact 41-2
Impact 41-2 The Project would create a new source of light or glare which could adversely affect daytime ornighttime views in the area (DEIR page ES-8)
Mitigation Measures
Mitigation Measure 41-2 Nighttime Construction Lighting Nighttime construction lighting if required shall be shielded and oriented downward to minimize effects on any nearby receptors Lighting shall be directed toward active construction areas only and shall have the minimum brightness necessary to ensure worker safety
Finding
The Board finds based on substantial evidence presented in the record of prolteedings that implementation of this measure will reduce the potentially significant impact on aesthetics visual quality and light and glare
Air Quality
Impact 43-1
Impact 43-1 Construction and decommissioning activities would generate emissions of criteria pollutants including suspended and inhalable particulate matter and equipment exhaust emissions (DEIR page ES-8 and ES-9)
OOCSN271545 V4BoordAge ndaReportfor _ TheMchenry Solo r Fa rmproject_7 _2611 Rev Oec 2010 86
~)1IDMOto Irlgation BOARD RESOLUTION
It e DItrld water and POwtr-
Mitigation Measure
Mitigation Measure 43-1 Implement Dust Control Measures The Applicant shall submit a Dust Control Plan to the APCO for approval prior to start of construction (and subsequently decommissioning) activities The Plan shall cover both Applicant and MID activities and shall require implementation of the following dust control measures
bull All disturbed areas including storage piles that are not being actively used for construction purposes shall be effectively stabilized of dust emissions using water chemical stabilizersuppressant covered with a tarp or other suitable cover or vegetative ground cover
bull All on-site unpaved roads and off-site unpaved access roads shall be effectively stabilized of dust emissions using water or chemical stabilizersuppressant
bull All land clearing grubbing scraping excavation land leveling grading cut and fill and demolition activities shall be effectively controlled of fugitive dust emissions using application of water or by presoaking
bull When materials are transported off-site all material shall be covered or effectively wetted to limit visible dust emissions and at least six inches of freeboard space from the top of the container shall be maintained
bull Limit or expeditiously remove trackout (Le accumulation of mud or dirt from Projectshyrelated vehicle tires) from adjacent public streets near the Project access points Trackout shall be immediately removed from public streets when it extends 50 or more feet from the Project access points otherwise trackout shall be removed at the end of each workday (The use of dry rotary brushes is expressly prohibited except where preceded or accompanied by sufficient wetting to limit the visible dust emissions)(Use of blower devices is expressly forbidden)
bull Following the addition of materials to or removal of materials from the surface of outdoor storage piles said piles shall be effectively stabilized of fugitive dust emissions using sufficient water or chemical stabilizersuppressant
bull limit traffic speed on unpaved on-site roads to 15 mph
bull Install sandbags or other erosion control measures to prevent silt runoff to public roadways from sites with a slope greater than one percent
bull Install windbreaks at windward side(s) of construction areas
bull Suspend excavation and grading activity when winds exceed 20 mph
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation of these measures will reduce the potentially significant impact on air quality
DOCS_N27154S_V4_Boardfgenda_RoportJor The_MchenVSolar Farm_Projece726_11 Rev Dec 2010 87
Modosto Irrlatlon BOARD RESOLUTION District~lt1ID
Wattrld ~owt
Impact 43-4
Impact 43-4 Construction and decommissioning emissions associated with the Project could result in emissions of ozone precursors and particulate matter that would be cumulatively considerable (OEIR page ES-9)
Mitigation Measure
Mitigation Measure 43-4 Implement Mitigation Measure 43-1
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation of this measure will reduce the potentially significant impact on air quality
Impact 43-6
Impact 43-6 The Project would generate emissions of criteria pollutants potentially exposing sensitive receptors to harmful pollutant concentrations (OEIR page ES-9)
Mitigation Measure
Mitigation Measure 43-6 Implement Mitigation Measure 43-1
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation ofthis measure will reduce the potentially significant impact on air quality
Biological Resources
Impact 44-1
Impact 44-1 Applicant Project activities could result in potential disturbance or loss of Swainsons hawk and their habitat (OEIR page ES-10)
Mitigation Measure
Mitigation Measure 44-1a Preconstruction Surveys for Swainsons Hawk If Project-related construction or decommissioning activities are planned to occur during the nesting period (March 1 to September 15) the Applicant shall engage a qualified biologist to conduct preconstruction surveys for Swainsons hawk and their nests no more than 14 days before the start of construction or decommissioning activities within 025 mile ofthe Project site where access is available Survey results shall be submitted to CDFG at least three days prior to the start of construction or decommissioning activities If active nests are not identified no further action is required and constructiondecommissioning may proceed If active nests are identified the Applicant shall consult with CDFG to develop and implement suitable avoidance measures consistent with the Staff Report Regarding Mitigation for Impacts to Swainsons
DOCS_N271545_V4_Boa rd_Agenda_Repor1_For_ The_Mchenry _Solar_Farm_Project_7 _26_11 Rev Dec 2010 88
f ID= BOARD RESOLUTION hlY1 IIArlel Walfr and POWir
Hawks in the Central Valley of California (CDFG 1994) To avoid impacting breeding efforts no construction or decommissioning activities shall occur between March land September 15 within 500 feet of an active nest that could cause nest abandonment or forced fledging These buffers may be reduced in consultation with CDFG Depending on conditions specific to each active nest and the relative location and rate of construction or decommissioning activities it may be feasible for such activities to occur as planned within the buffer without impacting the breeding effort In this case (to be determined in consultation with CDFG) the nest(s) shall be monitored by a qualified biologist during construction or decommissioning within the buffer The monitor shall have ltstop work authority If in the professional opinion of the monitor Project activities are negatively affecting the nesting behavior of the bird the monitor shall stop all such activities within the designated buffer Construction or decommissioning activities shall not resume until either the monitor has determined that the young have fledged the nest or as otherwise approved by CDFG With CDFG concurrence construction activities that are initiated outside the nesting season may continue even if raptors choose to nest within 500 feet of work activities Thus work may continue without delay if surveys verify the local absence of nesting raptors or if construction begins outside the nesting period (September 16 to February 28)
Mitigation Measure 44-1b Reduce Construction Noise Levels If it appears that noise or vibration from vibratory post driving associated with Project construction (or other similar noise-generating construction or decommissioning activity) could affect nesting Swainsons hawks that arrive after the start of construction specific measures including but not limited to use of noise dissipaters shall be implemented to reduce noise levels During post driving a noise level of no greater than 85 decibels (measured at the nest) shall be used as general guidance for nests that are established after construction
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation of this measure will reduce the potentially significant impact on biological resources
Impact 44-2
Impact 44-2 MID activities could result in potential disturbance or loss of Swainsons hawk and their habitat (DEIR page ES-10)
Mitigation Measure
Mitigation Measure 44-2 Avian-safe Transmission Line MID Transmission poles should be designed using criteria identified in Avian Power line Interaction Committee (APUC 2006)
OOCS_N271545_V4_Boad_AIlenda_Report]o_ The_Mchenrv_Sola_Farm_Poject_c26_11 Rev Dec 2010 89
Mdes Irrlgbullbulllen BOARD RESOLUTION
DItrid- ~lt1IDwater and Powtr
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation of this measure will reduce the potentially significant impact on biological resources
Impact 44-3 Impact 44-3 Project activities could impact other tree-nesting raptors andor protected nesting migratory birds (DEIR page ES-ll)
Mitigation Measure
Mitigation Measure 44-3 Preconstruction Raptor Surveys (Applicant) If Project-related construction andor decommissioning activities are to occur during the breeding period for nesting raptors andor protected nesting migratory birds (February 1 through August 31) the Applicant shall engage a qualified biologist to conduct preconstruction surveys of all potential habitat within 500 feet of the Project site no more than 14 days prior to the start of construction or decommissioning activities If active nests are not identified no further action is necessary If active nests are identified during preconstruction surveys a no-disturbance buffer shall be created around active raptor nests and nests of other special-status birds during the breeding season or until it is determined by the qualified biologist that all young have fledged Typical buffers are 500 feet for raptors and 250 feet for other nesting birds (eg waterfowl and passerine birds) The size of these buffer zones and types of construction or decommissioning activities allowed in these areas could be further modified in coordination with CDFG and shall be based on existing noise and disturbance levels in the Project area
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implernentation ofthis measure will reduce the potentially significant impact on biological resources
Impact 44-4
Impact 44-4 Project activities could result in potential disturbance or loss of burrowing owls and their habitat (DEIS page ES-ll)
Mitigation Measure
Mitigation Measure 44-4a Preconstruction Burrowing Owl Surveys (Applicant) The Applicant shall engage a qualified biologist to conduct preconstruction surveys for burrowing owls 14 to 30 days prior to the start of construction or decommissioning using the most current CDFG protocol Surveys shall cover grassland areas within a SOO-foot buffer from all Project constructiondecommissioning activities that are within suitable grasslands habitat including checking for adult and juvenile burrowing owls and owl nests If owls are detected during
DOCSN271545V4BoardAgendaReportForTheMchenrvSolarJarmProject72611 Rev Dec 2010 90
WID n BOARD RESOLUTION L bl Dltrld WIIIT Irld Ptlwtt
surveys occupied burrows shall not be disturbed Constructiondecommissioning exclusion areas (eg orange exclusion fence or signage) shall be established around the occupied burrows where no disturbance shall be allowed During the nonbreeding season (September 1 through January 31) the exclusion zone shall extend 160 feet around occupied burrows During the breeding season (February 1 through August 31) exclusion areas shall extend 250 feet around occupied burrows If the above requirements cannot be met passive relocation of onshysite owls may be implemented as an alternative but only during the nonbreeding season and only with prior CDFG approval Passive relocation shall be accomplished by installing one-way doors on the entrances of burrows located within 160 feet ofthe Project area The one-way doors shall be left in place for 48 hours to ensure the owls have left the burrow The burrows shall then be excavated with a qualified biologist present Constructiondecommissioning shall not proceed until the Project area is deemed free of owls by the qualified biologist
Mitigation Measure 44-4b Preconstruction Burrowing Owl Surveys (MID) Prior to construction MID shall conduct pre-construction surveys for burrowing owl for the subtransmissiondistribution line and fiber optic cable alignment These surveys shall be conducted using the most up-to-date CDFG published protocols (eg CDFGs 1995 Staff Report on Burrowing Owl Mitigation) If owls are detected during surveys occupied burrows shall not be disturbed
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation ofthis measure will reduce the potentially significant impact on biological resources
Cultural and Paleontological Resources
Impact 45-1
Impact 45-1 The proposed Project could potentially cause an adverse change in the significance of a unique archaeological resource pursuant to sect150645 (DEIR page ES-12)
Mitigation Measure
Mitigation Measure 45-1 If Cultural Resources are Discovered During Ground-Disturbing Activities Suspend Work until Resource is Evaluated Prior to the initiation of site preparation or start of construction (and subsequently decommissioning) the Applicant shall retain a qualified professional archaeologist to complete an archaeological resources training program for construction workers involved in grading and excavation activities Training shall include
awareness and recognition of archaeological materials and the procedures to follow if
construction crews encounter such materials in the course of earthwork excavation or grading If archaeological resources are encountered all activity within 50 feet of the find shall
cease until it can be evaluated by a qualified archaeologist Prehistoric archaeological materials
DOCS_N27154S_V4_Board_Asenda_Report_For_ The_Mchenry _Sol _fam]roject_7_26_11 Rev Dec 2010 91
Motlesto Irrlatlo~lt1ID BOARD RESOLUTIO N
II DIlrld VialfrantJ PCMl
could include obsidian and chert f1aked~stone tools (eg projectile points knives scrapers) or toolmaking debris culturally darkened soil (ilmidden) containing heat~affected rocks artifacts
or shellfish remains and stone milling equipment (eg mortars pestles handstones or milling slabs) and battered stone tools such as hammerstones and pitted stones Historic~period materials could include stone concrete or adobe footings and walls filled wells or privies and
deposits of metal glass andor ceramic refuse The archaeologist shall notify the Applicant and MID if the resource may be significant An appropriate treatment plan for the resources shall then be developed by the Applicant for approval by MID The archaeologist shall consult with Native American representatives in determining appropriate treatment for prehistoric or Native American cultural resources if discovered In considering any suggested mitigation proposed by the archaeologist the Applicant and MID shall determinewhether avoidance is feasible in light of factors such as the nature of the find project design costs and other considerations If avoidance is not feasible other appropriate measures (eg data recovery) shall be instituted Work may proceed in other parts of the Project site while mitigation for cultural resources in other areas of the site is being carried out
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation ofthis measure will reduce the potentially significant impact on unique archaeological resources
Impact 45-2
Impact 45-2 The proposed Project could potentially destroy a unique paleontological resource or site or unique geologic feature (DEIR page ES-12)
Mitigation Measure
Mitigation Measure 45-2 If Paleontological Resources are Discovered During Ground-Disturbing Activities Suspend Work until Resource is Evaluated Prior to the initiation of site preparation or start of construction (and subsequently decommissioning) the Applicant shall retain a qualified profeSSional paleontologist or a California Registered Professional Geologist (California RPG) with appropriate paleontological expertise as defined by the Society of Vertebrate Paleontologys Conformable Impact Mitigation Guidelines Committee (SVP 1995 Guidelines) to carry out a paleontological resources training program for construction workers involved in grading and excavation activities Training shall include awareness and recognition of potential fossil materials and the procedures to follow if construction crews encounter fossil materials in the course of earthwork excavation or grading If construction crews discover potential fossils all earthwork or other types of ground disturbance within 50 feet of the find shall stop immediately until the qualified professional paleontologist can assess the nature and importance of the find Based on the scientific value or uniqueness of the find the monitor may record the find and allow work to continue or recommend salvage and recovery of the fossil The Applicant shall require the paleontologist to be on-call throughout the duration of ground-disturbing activities
DOCS_N27154S_ V4_Boa rd_Agenda_Report]or_The_Mchenry _Solar ]a_ProjecC7_26_11 Rev Dec 2010 92
ID= BOARD RESOLUTION I 11 DlstrldwIltIdPowt
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation of this measure will reduce the potentially significant impact on paleontological resources
Impact 45-3
Impact 45-3 The proposed Project could potentially disturb any human remains including those interred outside of formal cemeteries (DEIR page ESmiddot13)
Mitigation Measure
Mitigation Measure 45-3 Halt Work if Human Skeletal Remains are Identified During Construction If human skeletal remains are uncovered during Project construction (and subsequently decommissioning) work shall immediately halt within 100 feet of the find The Applicant shall contact the Stanislaus County Coroner to evaluate the remains and shall follow the procedures and protocols set forth in sect150645(e(1) of the CEQA Guidelines If the County Coroner determines that the remains are Native American the Applicant shall contact the Native American Heritage Commission in accordance with Health and Safety Code Section 70505 subdivision (c) and Public Resources Code 509798 (as amended by AB 2641) The Native American Heritage Commission will designate a Most Likely Descendent of the deceased Native American who will provide recommendations as to the future disposition ofthe remains
Finding
The Board finds based on substantjal evidence presented in the record of proceedings that implementation of this measure will reduce the potentially Significant impact on human remains
Greenhouse Gas Emissions
Impact 48-2
Impact 48-2 The Project could conflict with the California Air Resources Boards Climate Change Scoping Plan (DEIR page ES-14)
Mitigation Measure
Mitigation Measure 48-2 Low SF6 Leak Rate Circuit Breaker and Monitoring The applicant shall ensure that the circuit breaker installed at the proposed new substation has a guaranteed SF6 annual leak rate of no more than 05 percent by volume The Applicant shall provide MID with documentation of compliance such as specification sheets prior to installation of the circuit breaker In addition the Applicant shall monitor the SF6middotcontaining circuit breaker at the substation consistent with Scoping Plan Measure H-6 for the detection and repair of leaks
OOCSN271545V4BoarltljgendaReportJo rTheMchenry_SolarJarm_Project72611 Rev Dec 2010 93
~MID
Mst Irrl_60 BOARD RESOLUTION
II District Weltr _rut Pampftl
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation ohhis measure will reduce the potentially significant impact on greenhouse gas emissions
Hazards and Hazardous Materials
Impact 49-2
Impact 49-2 The Project could result in an accidental spill or leak during construction or decommissioning that could release hazardous materials into the environment (DEIR page ESshy14)
Mitigation Measure
Mitigation Measure 49-2 Accidental Spill Prevention and Response Plan The Applicant shall prepare an Accidental Spill Prevention and Response Plan for construction and decommissioning activities for review and approval by Modesto Irrigation District The plan shall identify measures to prevent accidental spills from leaving the site and methods for responding to and cleaning up spills to limit the amount of materials released into the environment Such measures shall include but not be limited to ensuring that absorbent material tarps storage drums and other emergency spill supplies and equipment are kept at the Project site at all times
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation of this measure will reduce the potentially significant impact on hazardous materials
Transportation and Traffic
Impact 417-1
Impact 417-1 Project construction and decommissioning activities could intermittently and temporarily increase traffic congestion due to vehicle trips generated by construction workers and construction vehicles on area roadways (DEIR page ES-16)
Mitigation Measure
Mitigation Measure 417-1a MID Traffic Control Measures During construction and decommissioning of the sub-transmission and distribution lines and fiber optic cable MID shall implement the following traffic mitigation measures from the 2006 PEIR Update (2006 PEIR Update p 10-6)
DOCSN271545V4BoadAgendaRepoCForTheMhenrvSolaFarmProJeet72611 Rev Dolt 2010 94
cIbullbulltomiddot Irrlgatlon BOARD RESOLUTION e DistrIct~lt1ID
Wntr and POwtf
1 MID will coordinate design and construction of program facilities with the agencies with jurisdiction including Caltrans counties cities special districts other utilities and the FAA as required
2 MID will obtain any necessary encroachment permits inspections or other approvals from agencies with jurisdiction
2A MID will obtain any necessary approvals and inspections from agencies with jurisdiction
2B MID shall coordinate the design and construction and shall obtain any necessary permits from the County City or State prior to placing any facilities within the public road rights-of-way of those agencies and shall conform to applicable conditions in the encroachment permit
3 MID will utilize all necessary precautions to minimize safety concerns when working within public road rights-of-way Traffic safety cones construction signage or other measures will be used to alert drivers to construction activities
4 Electrical facilities placed within public rights-of-way will comply with applicable standards for avoiding hazards to drivers pedestrians and bicyclists
Mitigation Measure 417-1bApplicant Construction Traffic Management and Safety Plan Prior to the start of construction (and subsequently decommissioning) of the Project the Applicant shall prepare and implement a Traffic Management and Safety Plan that shall reduce or eliminate impacts associated with the Project The Plan shall adhere to Stanislaus County and Caltrans requirements and shall include at a minimum the following elements
a) Schedule Project-generated construction truck trips on SR 99 SR 108 and SR 219 outside the peak morning and evening commute hours to reduce potential traffic congestion and reduce potentia I for transit delays during the p traffic congestion and reduce potential for transit delays during the peak commute periods
b) Comply with transportation permit requirements of Caltrans and CHP when scheduling Project-generated construction truck trips carrying oversized loads In addition provide preshynotification to local police fire and emergency service providers of the timing location and duration of construction activities that could affect the movement of emergency vehicles on area roadways
c) Place signs (eg Slow Trucks andor Trucks Turning Ahead) along appropriate roads to notify drivers of construction traffic throughout the duration of the constructionperiodeak commute periods
DOCSN271545V4Boord_AgendaReportJorThe_MchenrySolaFa rmProject72611 Rev Dec 2010 95
IDn BOARD RESOLUTION~ -bl Dstrld Water lila POwtr
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation ofthis measure will reduce the potentially significant impact on traffic and transportation
Impact 417-3
Impact 417-3 Project construction and decommissioning activities could substantially increase traffic hazards due to construction in or adjacent to roads (DEIR page ES-17)
Mitigation Measure
Mitigation Measure 417-3 Implement Mitigation Measures 417-1a and 417-1b
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation of this measure will reduce the potentially significant impact on traffic and transportation
Impact 417-4
Impact 417-4 The Project could result in inadequate emergency access (DEIR page ES-17)
Mitigation Measure
Mitigation Measure 417-4 Develop an Emergency Access Plan for the Site The Applicant shall develop and implement an Emergency Access Plan which shall include evacuation routes and strategies to ensure accessibility and mobility for project area and emergency vehicles AdditionaI measures include developing an emergency action plan that identifies roles and responsibilities during emergencies and to update the plan regularly
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation of this measure will reduce the potentially significant impact on emergency access
VIII PROJECT ALTERNATIVES
The McHenry Solar Farm Project EIR is a project-specific ErR that evaluated a more than a dozen alternative locations to the proposed site three alternative sub-transmission line interconnection points for the proposed site three alternative solar technologies concentrated solar parabolic trough concentrated solar power tower and thin-film PV and two alternative approaches to the proposed generation of solar energy conservation and demand side management and distributed generation solar Table 1 lists the alternatives that were considered as well as which ones passed and the others that failed the screening analysis that was performed In addition the No Project Alternative was conSidered
DOCSN271545 V4BoardAgend bullbullReporCFor TheMchenry SolarFarmProJect72611 Rev Dec 2010
bull
96
~IDn BOARD RESOLUTION bJlTI District Waterlnd Power
The Final EIR presented the analysis for rejecting the alternative sites The Board independently evaluated this analysis and concurs in the analysis and conclusions presented The answering of the key question (See CEQA Guidelines Section 151266f)(2)A)) the Board finds that the Project does not cause any significant
environmental effect that is not reduced to less than significant with mitigation measures Never the lessl the EIR opted to address alternative sites
Various public comments offered generalized comments on alternatives sites No substantial evidence was presented regarding the feasibility of such sites or the reasonable ability of the Applicant to acquire the sitesl
and substantial evidence was not presented that these alternative sites would lessen all ofthe Projects significant effects to less than significant
DOCS_N271545_V4_Board_Ai n_ReporCFor _The_Mchenry _SolacFarm_Project_7 _26_11 Rev Dec 2010 97
COPIES OF THE DRAFT AND FINAL ENVIRONMENTALIMPACT REPORT AND ARE AVAILABLE FOR REVIEW ATTHE COUNTY PLANNING DEPARTMENT OFFICE OR VIATHE INTERNET AThttpwwwstancountycomplanningplagenda-min-2011shtm HARD COPIES OF ALL EIR DOCUMENTS REFERENCED INTHIS REPORT HAVE BEEN PROVIDED TO EACH MEMBEROF THE PLANNING COMMISSION
98
Executive Summary
McHenry Solar Project ES-8 May 2011 Draft Environmental Impact Report
TABLE ES-1 SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Aesthetics Visual Quality and Light and Glare
Impact 41-1 The Project could degrade the existing visual character or quality of the site and its surroundings
Less than Significant
None required
Impact 41-2 The Project would create a new source of light or glare which could adversely affect daytime or nighttime views in the area
Potentially Significant
Mitigation Measure 41-2 Nighttime Construction Lighting Nighttime construction lighting if required shall be shielded and oriented downward to minimize effects on any nearby receptors Lighting shall be directed toward active construction areas only and shall have the minimum brightness necessary to ensure worker safety
Less than Significant
Agriculture and Forest Resources
Impact 42-1 The Project would temporarily discontinue the current exclusive agricultural use (row crops) of Prime Farmland to a mix of agricultural use (grazing) and non-agricultural use
Less than Significant
None required
Air Quality
Impact 43-1 Construction and decommissioning activities would generate emissions of criteria pollutants including suspended and inhalable particulate matter and equipment exhaust emissions
Potentially Significant
Mitigation Measure 43-1 Implement Dust Control Measures The Applicant shall submit a Dust Control Plan to the APCO for approval prior to start of construction (and subsequently decommissioning) activities The Plan shall cover both Applicant and MID activities and shall require implementation of the following dust control measures
All disturbed areas including storage piles that are not being actively used for construction purposes shall be effectively stabilized of dust emissions using water chemical stabilizersuppressant covered with a tarp or other suitable cover or vegetative ground cover
All on-site unpaved roads and off-site unpaved access roads shall be effectively stabilized of dust emissions using water or chemical stabilizersuppressant
All land clearing grubbing scraping excavation land leveling grading cut and fill and demolition activities shall be effectively controlled of fugitive dust emissions using application of water or by presoaking
When materials are transported off-site all material shall be covered or effectively wetted to limit visible dust emissions and at least six inches of freeboard space from the top of the container shall be maintained
Limit or expeditiously remove trackout (ie accumulation of mud or dirt from Project-related vehicle tires) from adjacent public streets near the Project access points Trackout shall be immediately removed from public streets when it extends 50 or more feet from the Project access points otherwise trackout shall be removed at the end of each workday (The use of dry rotary brushes is expressly prohibited except where preceded or accompanied by sufficient wetting to limit the visible dust emissions)(Use of blower devices is expressly forbidden)
Less than Significant
99
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-9 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Air Quality (cont)
Impact 43-1 (cont) Following the addition of materials to or removal of materials from the surface of outdoor storage piles said piles shall be effectively stabilized of fugitive dust emissions using sufficient water or chemical stabilizersuppressant
Limit traffic speed on unpaved on-site roads to 15 mph
Install sandbags or other erosion control measures to prevent silt runoff to public roadways from sites with a slope greater than one percent
Install windbreaks at windward side(s) of construction areas
Suspend excavation and grading activity when winds exceed 20 mph
Impact 43-2 Operation of the Project would generate exhaust emissions of criteria pollutants from routine operations
Less than Significant
None required
Impact 43-3 The Project could result in permanently disturbed land that would serve as a source of fugitive dust emissions
Less than Significant
None required
Impact 43-4 Construction and decommissioning emissions associated with the Project could result in emissions of ozone precursors and particulate matter that would be cumulatively considerable
Potentially Significant
Mitigation Measure 43-4 Implement Mitigation Measure 43-1 Less than Significant
Impact 43-5 Operation and maintenance of the Project could generate emissions of criteria pollutants that would be cumulatively considerable
Less than Significant
None required
Impact 43-6 The Project would generate emissions of criteria pollutants potentially exposing sensitive receptors to harmful pollutant concentrations
Potentially Significant
Mitigation Measure 43-6 Implement Mitigation Measure 43-1 Less than Significant
Impact 43-7 The Project would generate emissions of Toxic Air Contaminants potentially exposing sensitive receptors to harmful pollutant concentrations
Less than Significant
None required
100
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-10 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Biological Resources
Impact 44-1 Applicant Project activities could result in potential disturbance or loss of Swainsonrsquos hawk and their habitat
Potentially Significant
Mitigation Measure 44-1a Preconstruction Surveys for Swainsonrsquos Hawk If Project-related construction or decommissioning activities are planned to occur during the nesting period (March 1 to September 15) the Applicant shall engage a qualified biologist to conduct preconstruction surveys for Swainsonrsquos hawk and their nests no more than 14 days before the start of construction or decommissioning activities within 025 mile of the Project site where access is available Survey results shall be submitted to CDFG at least three days prior to the start of construction or decommissioning activities If active nests are not identified no further action is required and constructiondecommissioning may proceed If active nests are identified the Applicant shall consult with CDFG to develop and implement suitable avoidance measures consistent with the Staff Report Regarding Mitigation for Impacts to Swainsonrsquos Hawks in the Central Valley of California (CDFG 1994) To avoid impacting breeding efforts no construction or decommissioning activities shall occur between March 1 and September 15 within 500 feet of an active nest that could cause nest abandonment or forced fledging These buffers may be reduced in consultation with CDFG
Depending on conditions specific to each active nest and the relative location and rate of construction or decommissioning activities it may be feasible for such activities to occur as planned within the buffer without impacting the breeding effort In this case (to be determined in consultation with CDFG) the nest(s) shall be monitored by a qualified biologist during construction or decommissioning within the buffer The monitor shall have ldquostop workrdquo authority If in the professional opinion of the monitor Project activities are negatively affecting the nesting behavior of the bird the monitor shall stop all such activities within the designated buffer Construction or decommissioning activities shall not resume until either the monitor has determined that the young have fledged the nest or as otherwise approved by CDFG
With CDFG concurrence construction activities that are initiated outside the nesting season may continue even if raptors choose to nest within 500 feet of work activities Thus work may continue without delay if surveys verify the local absence of nesting raptors or if construction begins outside the nesting period (September 16 to February 28)
Less than Significant
Mitigation Measure 44-1b Reduce Construction Noise Levels If it appears that noise or vibration from vibratory post driving associated with Project construction (or other similar noise-generating construction or decommissioning activity) could affect nesting Swainsonrsquos hawks that arrive after the start of construction specific measures including but not limited to use of noise dissipaters shall be implemented to reduce noise levels During post driving a noise level of no greater than 85 decibels (measured at the nest) shall be used as general guidance for nests that are established after construction
Impact 44-2 MID activities could result in potential disturbance or loss of Swainsonrsquos hawk and their habitat
Potentially Significant
Mitigation Measure 44-2 Avian-safe Transmission Line (MID) Transmission poles should be designed using criteria identified in Avian Power Line Interaction Committee (APLIC 2006)
Less than Significant
101
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-11 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Biological Resources (cont)
Impact 44-3 Project activities could impact other tree-nesting raptors andor protected nesting migratory birds
Potentially Significant
Mitigation Measure 44-3 Preconstruction Raptor Surveys (Applicant) If Project-related construction andor decommissioning activities are to occur during the breeding period for nesting raptors andor protected nesting migratory birds (February 1 through August 31) the Applicant shall engage a qualified biologist to conduct preconstruction surveys of all potential habitat within 500 feet of the Project site no more than 14 days prior to the start of construction or decommissioning activities If active nests are not identified no further action is necessary If active nests are identified during preconstruction surveys a no-disturbance buffer shall be created around active raptor nests and nests of other special-status birds during the breeding season or until it is determined by the qualified biologist that all young have fledged Typical buffers are 500 feet for raptors and 250 feet for other nesting birds (eg waterfowl and passerine birds) The size of these buffer zones and types of construction or decommissioning activities allowed in these areas could be further modified in coordination with CDFG and shall be based on existing noise and disturbance levels in the Project area
Less than Significant
Impact 44-4 Project activities could result in potential disturbance or loss of burrowing owls and their habitat
Potentially Significant
Mitigation Measure 44-4a Preconstruction Burrowing Owl Surveys (Applicant) The Applicant shall engage a qualified biologist to conduct preconstruction surveys for burrowing owls 14 to 30 days prior to the start of construction or decommissioning using the most current CDFG protocol Surveys shall cover grassland areas within a 500-foot buffer from all Project constructiondecommissioning activities that are within suitable grasslands habitat including checking for adult and juvenile burrowing owls and owl nests If owls are detected during surveys occupied burrows shall not be disturbed
Constructiondecommissioning exclusion areas (eg orange exclusion fence or signage) shall be established around the occupied burrows where no disturbance shall be allowed During the nonbreeding season (September 1 through January 31) the exclusion zone shall extend 160 feet around occupied burrows During the breeding season (February 1 through August 31) exclusion areas shall extend 250 feet around occupied burrows
If the above requirements cannot be met passive relocation of on-site owls may be implemented as an alternative but only during the nonbreeding season and only with prior CDFG approval Passive relocation shall be accomplished by installing one-way doors on the entrances of burrows located within 160 feet of the Project area The one-way doors shall be left in place for 48 hours to ensure the owls have left the burrow The burrows shall then be excavated with a qualified biologist present Constructiondecommissioning shall not proceed until the Project area is deemed free of owls by the qualified biologist
Less than Significant
Mitigation Measure 44-4b Preconstruction Burrowing Owl Surveys (MID) Prior to construction MID shall conduct pre-construction surveys for burrowing owl for the sub-transmissiondistribution line and fiber optic cable alignment These surveys shall be conducted using the most up-to-date CDFG published protocols (eg CDFGs 1995 Staff Report on Burrowing Owl Mitigation) If owls are detected during surveys occupied burrows shall not be disturbed
102
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-12 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Cultural and Paleontological Resources
Impact 45-1 The proposed Project could potentially cause an adverse change in the significance of a unique archaeological resource pursuant to sect150645
Potentially Significant
Mitigation Measure 45-1 If Cultural Resources are Discovered During Ground-Disturbing Activities Suspend Work until Resource is Evaluated Prior to the initiation of site preparation or start of construction (and subsequently decommissioning) the Applicant shall retain a qualified professional archaeologist to complete an archaeological resources training program for construction workers involved in grading and excavation activities Training shall include awareness and recognition of archaeological materials and the procedures to follow if construction crews encounter such materials in the course of earthwork excavation or grading If archaeological resources are encountered all activity within 50 feet of the find shall cease until it can be evaluated by a qualified archaeologist Prehistoric archaeological materials could include obsidian and chert flaked-stone tools (eg projectile points knives scrapers) or toolmaking debris culturally darkened soil (ldquomiddenrdquo) containing heat-affected rocks artifacts or shellfish remains and stone milling equipment (eg mortars pestles handstones or milling slabs) and battered stone tools such as hammerstones and pitted stones Historic-period materials could include stone concrete or adobe footings and walls filled wells or privies and deposits of metal glass andor ceramic refuse The archaeologist shall notify the Applicant and MID if the resource may be significant An appropriate treatment plan for the resources shall then be developed by the Applicant for approval by MID The archaeologist shall consult with Native American representatives in determining appropriate treatment for prehistoric or Native American cultural resources if discovered
In considering any suggested mitigation proposed by the archaeologist the Applicant and MID shall determine whether avoidance is feasible in light of factors such as the nature of the find project design costs and other considerations If avoidance is not feasible other appropriate measures (eg data recovery) shall be instituted Work may proceed in other parts of the Project site while mitigation for cultural resources in other areas of the site is being carried out
Less than Significant
Impact 45-2 The proposed Project could potentially destroy a unique paleontological resource or site or unique geologic feature
Potentially Significant
Mitigation Measure 45-2 If Paleontological Resources are Discovered During Ground-Disturbing Activities Suspend Work until Resource is Evaluated Prior to the initiation of site preparation or start of construction (and subsequently decommissioning) the Applicant shall retain a qualified professional paleontologist or a California Registered Professional Geologist (California RPG) with appropriate paleontological expertise as defined by the Society of Vertebrate Paleontologyrsquos Conformable Impact Mitigation Guidelines Committee (SVP 1995 Guidelines) to carry out a paleontological resources training program for construction workers involved in grading and excavation activities Training shall include awareness and recognition of potential fossil materials and the procedures to follow if construction crews encounter fossil materials in the course of earthwork excavation or grading If construction crews discover potential fossils all earthwork or other types of ground disturbance within 50 feet of the find shall stop immediately until the qualified professional paleontologist can assess the nature and importance of the find Based on the scientific value or uniqueness of the find the monitor may record the find and allow work to continue or recommend salvage and recovery of the fossil The Applicant shall require the paleontologist to be ldquoon-callrdquo throughout the duration of ground-disturbing activities
Less than Significant
103
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-13 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Cultural and Paleontological Resources (cont)
Impact 45-3 The proposed Project could potentially disturb any human remains including those interred outside of formal cemeteries
Potentially Significant
Mitigation Measure 45-3 Halt Work if Human Skeletal Remains are Identified During Construction If human skeletal remains are uncovered during Project construction (and subsequently decommissioning) work shall immediately halt within 100 feet of the find The Applicant shall contact the Stanislaus County Coroner to evaluate the remains and shall follow the procedures and protocols set forth in sect150645(e)(1) of the CEQA Guidelines If the County Coroner determines that the remains are Native American the Applicant shall contact the Native American Heritage Commission in accordance with Health and Safety Code Section 70505 subdivision (c) and Public Resources Code 509798 (as amended by AB 2641) The Native American Heritage Commission will designate a Most Likely Descendent of the deceased Native American who will provide recommendations as to the future disposition of the remains
Less than Significant
Energy Conservation
Impact 46-1 The construction operation and maintenance and decommissioning of the Project could result in consumption of energy
Less than Significant
None required
Impact 46-2 Construction operation and maintenance and decommissioning of the Project would require use of transportation energy
Less than Significant
None required
Impact 46-3 The Projectrsquos overall use of efficient transportation alternatives would be limited
Less than Significant
None required
Geology and Soils
Impact 47-1 The Project could expose people or structures to potential adverse effects including the risk of loss injury or death involving strong seismic ground shaking and earthquake-induced ground failure (such as liquefaction and lateral spreading)
Less than Significant
None required
Impact 47-2 The Project could result in soil erosion or loss of topsoil
Less than Significant
None required
Impact 47-3 The Project could be located on expansive soil as defined in Table 18-1-B of the Uniform Building Code (1994) creating risks to life or property
Less than Significant
None required
104
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-14 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Geology and Soils (cont)
Impact 47-4 The Project site could have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater
Less than Significant
None required
Greenhouse Gas Emissions
Impact 48-1 The Project would result in emissions of greenhouse gases that would contribute to global climate change
Less than Significant
None required
Impact 48-2 The Project could conflict with the California Air Resources Boardrsquos Climate Change Scoping Plan
Potentially Significant
Mitigation Measure 48-2 Low SF6 Leak Rate Circuit Breaker and Monitoring The Applicant shall ensure that the circuit breaker installed at the proposed new substation has a guaranteed SF6 annual leak rate of no more than 05 percent by volume The Applicant shall provide Modesto Irrigation District with documentation of compliance such as specification sheets prior to installation of the circuit breaker In addition the Applicant shall monitor the SF6-containing circuit breaker at the substation consistent with Scoping Plan Measure H-6 for the detection and repair of leaks
Less than Significant
Hazards and Hazardous Materials
Impact 49-1 Project construction decommissioning and operationmaintenance could create a hazard to the public or the environment through the routine transport use or disposal of hazardous materials
Less than Significant
None required
Impact 49-2 The Project could result in an accidental spill or leak during construction or decommissioning that could release hazardous materials into the environment
Potentially Significant
Mitigation Measure 49-2 Accidental Spill Prevention and Response Plan The Applicant shall prepare an Accidental Spill Prevention and Response Plan for construction and decommissioning activities for review and approval by Modesto Irrigation District The plan shall identify measures to prevent accidental spills from leaving the site and methods for responding to and cleaning up spills to limit the amount of materials released into the environment Such measures shall include but not be limited to ensuring that absorbent material tarps storage drums and other emergency spill supplies and equipment are kept at the Project site at all times
Less than Significant
Hydrology and Water Quality
Impact 410-1 The Project could potentially degrade water quality such that it could violate water quality standards or waste discharge requirements
Less than Significant
None required
105
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-15 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Hydrology and Water Quality (cont)
Impact 410-2 The Project could alter the existing drainage pattern of the site in a manner that could result in erosion or sedimentation on- or off-site or which could contribute to flooding
Less than Significant
None required
Impact 410-3 The Project could create or contribute runoff water that could exceed the capacity of existing or planned stormwater drainage systems or provide additional sources of polluted runoff
Less than Significant
None required
Impact 410-4 The Project could expose people or structures to a risk of loss injury or death involving flooding including flooding as a result of the failure of a levee or dam
Less than Significant
None required
Land Use and Planning
The Project would have no impacts in this resource area
Mineral Resources
The Project would have no impacts in this resource area
Noise
Impact 413-1 Project-related post driving would result in exposure of persons to groundborne vibration
Less than Significant
None required
Impact 413-2 Operation and maintenance of the Project would increase local ambient noise levels
Less than Significant
None required
Impact 413-3 Project construction and decommissioning activities would temporarily increase local ambient noise levels
Less than Significant
None required
Population and Housing
The Project would have no impacts in this resource area
106
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-16 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Public Services
The Project would have no impacts in this resource area
Recreation
The Project would have no impacts in this resource area
Transportation and Traffic
Impact 417-1 Project construction and decommissioning activities could intermittently and temporarily increase traffic congestion due to vehicle trips generated by construction workers and construction vehicles on area roadways
Potentially Significant
Mitigation Measure 417-1a MID Traffic Control Measures During construction and decommissioning of the sub-transmission and distribution lines and fiber optic cable MID shall implement the following traffic mitigation measures from the 2006 PEIR Update (2006 PEIR Update p 10-6)
1 MID will coordinate design and construction of program facilities with the agencies with jurisdiction including Caltrans counties cities special districts other utilities and the FAA as required
2 MID will obtain any necessary encroachment permits inspections or other approvals from agencies with jurisdiction
2A MID will obtain any necessary approvals and inspections from agencies with jurisdiction
2B MID shall coordinate the design and construction and shall obtain any necessary permits from the County City or State prior to placing any facilities within the public road rights-of-way of those agencies and shall conform to applicable conditions in the encroachment permit
3 MID will utilize all necessary precautions to minimize safety concerns when working within public road rights-of-way Traffic safety cones construction signage or other measures will be used to alert drivers to construction activities
4 Electrical facilities placed within public rights-of-way will comply with applicable standards for avoiding hazards to drivers pedestrians and bicyclists
Less than Significant
Mitigation Measure 417-1b Applicant Construction Traffic Management and Safety Plan Prior to the start of construction (and subsequently decommissioning) of the Project the Applicant shall prepare and implement a Traffic Management and Safety Plan that shall reduce or eliminate impacts associated with the Project The Plan shall adhere to Stanislaus County and Caltrans requirements and shall include at a minimum the following elements
a) Schedule Project-generated construction truck trips on SR 99 SR 108 and SR 219 outside the peak morning and evening commute hours to reduce potential traffic congestion and reduce potential for transit delays during the peak commute periods
107
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-17 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Transportation and Traffic (cont)
Impact 417-1 (cont) b) Comply with transportation permit requirements of Caltrans and CHP when scheduling Project-generated construction truck trips carrying oversized loads In addition provide pre-notification to local police fire and emergency service providers of the timing location and duration of construction activities that could affect the movement of emergency vehicles on area roadways
c) Place signs (eg ldquoSlow Trucksrdquo andor ldquoTrucks Turning Aheadrdquo) along appropriate roads to notify drivers of construction traffic throughout the duration of the construction period
Impact 417-2 The Project could conflict with established congestion management programs on affected roads or highways
Less than Significant
None required
Impact 417-3 Project construction and decommissioning activities could substantially increase traffic hazards due to construction in or adjacent to roads
Potentially Significant
Mitigation Measure 417-3 Implement Mitigation Measures 417-1a and 417-1b Less than Significant
Impact 417-4 The Project could result in inadequate emergency access
Potentially Significant
Mitigation Measure 417-4 Develop an Emergency Access Plan for the Site The Applicant shall develop and implement an Emergency Access Plan which shall include evacuation routes and strategies to ensure accessibility and mobility for project area and emergency vehicles Additional measures include developing an emergency action plan that identifies roles and responsibilities during emergencies and to update the plan regularly
Less than Significant
Utilities and Service Systems
Impact 418-1 The proposed Project would require or result in the construction of new stormwater drainage facilities the construction of which could cause significant environmental effects
Less than Significant
None required
108
109
110
REFERRED TO
YE
S
NO
WILL NOT
HAVE
SIGNIFICANT
IMPACT
MAY HAVE
SIGNIFICANT
IMPACT
NO COMMENT
NON CEQA YE
S
NO
YE
S
NO
AGRICULTURE COMMISSIONER X
AIRPORT LAND USE COMMISSION X
ALLIANCE X
BUILDING PERMITS DIVISION X X X
CALTRANS DISTRICT 10 X
CHIEF EXECUTIVE OFFICE X
CITY OF RIVERBANK X
COOPERATIVE EXTENSION X
CORPS OF ENGINEERS X
COUNTY COUNSEL X
ENVIRONMENTAL RESOURCES X X X
FIRE PROTECTION DIST STANISLAUS
CONSOLIDATED X X X
FISH amp GAME DEPT OF X
HAZARDOUS MATERIALS X
IRRIGATION DISTRICT MODESTO X X X
LAFCO X
MODESTO REGIONAL FIRE AUTHORITY FPB X
MOSQUITO DISTRICT EASTSIDE X
MT VALLEY EMERGENCY MEDICAL X
PACIFIC GAS amp ELECTRIC X
PUBLIC WORKS X X X
REGIONAL WATER QUALITY CONTROL X
SAN JOAQUIN VALLEY APCD X
SCHOOL DISTRICT 1 MODESTO X X X
SCHOOL DISTRICT 2 STANISLAUS X
SHERIFF X
StanCOG X
STANISLAUS COUNTY FARM BUREAU X
STANISLAUS ERC X
STATE CLEARINGHOUSE X
STATE LANDS COMMISSION X
SUPERVISORIAL DISTRICT 4 MONTEITH X
SURROUNDING LAND OWNERS
TELEPHONE COMPANY ATampT X
UNITED STATES MILITARY AGENCIES (SB 1462) (5 agencies) X
US FISH amp WILDLIFE X
X
X
SUMMARY OF RESPONSES FOR USE PERMIT REVIEW REFERRALS
RESPONDED RESPONSEMITIGATION
MEASURESCONDITIONS
PROJECT USE PERMIT APPLICATION NO 2011-10 - McHENRY SOLAR FARM
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
RESPONSIBLE
AGENCY REFERRAL
PUBLIC HEARING
NOTICE
X
X
X
X
X
X
X
X
X
111
78
Irrlaon BOARD RESOLUTION III DItrlctllt1ID Mobullbullslo
Wter ald hwir
ATTACHMENT A
BEFORE THE BOARD OF DIRECTORS
OF THE
MODESTO IRRIGATION DISTRICT
Re McHenry Solar Farm Project Findings of Fact
GENERAL INFORMATION AND DESCRIPTION OF PROJECT
Introduction Solar Star California VIII llC2 (Solar Star or Applicant) proposes to construct operate and ultimately
decommission a 25-megawatt alternating current (MWac) photovoltaic (PV) electricity generating facility and
associated infrastructure on an approximately 154-acre site in northern unincorporated Stanislaus County to be
known as the McHenry Solar Farm (Project) The Project would generate and deliver solar-generated power to
the MID sub-transmission and distribution system
As part of the Project the Modesto Irrigation District (MID) is proposing to construct own and operate a switching
station in a new switchyard to be located adjacent to the proposed on-site Project substation and a new overhead
69-kilovolt (kV) sub-transmission line and 12-kV distribution line The new sub-transmission and distribution lines
would interconnect the proposed solar facility to the existing MID electric system by connecting to an existing 69shy
kV sub-transmission line and 12-kV distribution line along McHenry Avenue Construction of the interconnection
for the proposed solar power plant would be preceded by MIDs discretionary action to approve the large
Generator Interconnection Agreement (lGIA) The lGIA would define all facilities necessary to safely and reliably
operate MIDs electric system with the Project
Major components of the proposed Solar Star facilities are
bull Solar field comprised of a combination of 1- and 15-MW power blocks
bull On-site substation
bull Operation and Maintenance (OampM) building
bull Other site improvements including access roads fencing lighting and landscaping
2 Solar Star California VIII LLC is a vvholly-owned subsidiary of the SunPower Corporation
DOCS_N271545_V4_BoardAgendaReportJor_The _Mchenry_Solar FarmProJect7_2611 Rev Dec 2010 79
f UID =~n BOARD RESOLUTION J~I District Waftrand PeoW8(
Major components of the proposed MID facilities are
bull 69-kV electrical switchyard on the Project site
bull Approximately 700-foot-long 69middotkV double-circuit overhead electric sub-transmission line and 12-kV distribution line
bull Approximately 75 miles of new overhead fiber optic cable to be installed on the poles of an existing distribution and 69-kV sub-transmission line system
bull A control building
Major project development milestones are (dates are approximate)
bull September 2011 start construction
bull March 2012 begin commercial operation
bull July 2012 project completion
The Project would operate yeaNound and would have the capacity to produce 25 MW of solar power The Project would generate electricity during daylight hours when electricity demand is at its peak and would provide for the annual electricity needs of approximately 6000 residences
Project Location The proposed site is located in northern unincorporated Stanislaus County between the City of
Riverbank and community of Del Rio along Patterson Road near the intersection with McHenry Avenue and consists of Assessors Parcel Numbers (APNs) 074-002-021 -029 -030 and -031 The residence and associated buildings located on a portion ofthese parcels are not part of the Project site
Purpose and Need for the Project The California Renewable Portfolio Standard legislation enacted in 2002 (Senate Bill 1078) and accelerated in
2006 requires retail sellers ofelectricity to obtain 20 percent of their supply of electricity from renewable energy sources such as solar by 2010 Then Governor Schwarzenegger also set a state-wide goal of achieving a 33 percent renewable energy share by 2020 to reduce the impact of greenhouse gases on the environment The 33 percent goal was enacted into law by current Governor Brown on April 12 2011 with his signing of Senate Bill 2X Power generated by the Project would be delivered directly to MID pursuant to the terms of a 25-year power purchase agreement
MID currently obtains approximately 27 percent ofits electrical supply from renewable energy sources
Twenty-six percent of that renewable energy comes from wind energy projects all of which are located outside of MIDs system and many of which are located in Oregons Columbia River Gorge MID
has a need to diversify its renewable energy portfolio by procuring power with more predictable
operating characteristics than wind power Unlike wind local solar power would provide peak
electricity generation that would coincide well with MIDs customer peak load (sunny hot summer
OOCSN271545 _ V4BoardAllendaReportFor _The_Mchenry _Solar Farm_Project]2611 Rev Dee 2010 80
rID BOARD RESOLUTION 1 Dlstrid Wltetllld Pcwtr
days) Local solar power would also avoid line losses associated with transmitting electricity over long distances from remote sources
The Applicant and MID are proposing the Project as an economically viable source of clean renewable electricity generation that helps meet Californias growing demand for power fulfills numerous state and national renewable energy policies and goals and provides important geographic and source diversity for MIDs energy portfolio
II BACKGROUND
Environmental Science Associates (ESA) acted as consultant to Solar Star for the purpose of preparing the appropriate environmental document (the Environmental Impact Report [EIR]) pursuant to the requirements of the California Environmental Quality Act (CEQA)
CH2M HILL acted as consultant to MID for the purpose of providing a third-party independent review of the EIR that was prepared for the project These Findings are prepared pursuant to CEQA
On December 6 2010 MID published and distributed a Notice of Preparation (NaP) to advise interested local regional and State agencies Native American tribal organizations and interested public that an EIR would be prepared for the proposed Project The Nap solicited both written and verbal comments on the EIRs scope during a 30-day comment period
A Draft Environmental Impact Report (DEIR) was prepared and distributed to interested parties and potentially affected agencies and organizations on May 18 2011 Public Notices for the DEIR and a public meeting was published in the Modesto Bee on June 9 and 152011 The public meeting took place June 16 2011 at MIDs downtown offices The review period for the DEIR ended on July 5 2011 Comments received on the DEIR prompted only minor changes to the text of the DEIR and resulted in no changes to the conclusions presented in the DEIR
The Final EIR was distributed on July 15 2011 The Board of Directors of MID considered the Final fiR for the McHenry Solar Farm Project at a noticed public hearing held on July 26 2011 At the hearing the Board of Directors of MID took the following actions
bull Certified the Final Environmental Impact Report for the McHenry Solar Farm Project as adequate and complete
bull Adopted the Mitigation Monitoring Plan and Findings of Fact for the Project
III RECORD OF PROCEEEDINGS
For the purpose of compliance with CEQA and its requirements for Findings the record of proceedings for the project is comprised as follows
1 The Initial Study prepared for the project
2 The Notice of Preparation and all other public notices issued by MID in conjunction with the project
3 All responses to the EIR Notice of Preparation
DOCS_N271545_V4_Boad_Agenda_ReportJor_The_Mdnry _Sol _Farm_Poject_7_26_11 Rev Dec 2010 81
BOARD RESOLUTION
4 All public meeting notes and presentations
5 The DEIR including all technical appendices
6 All comments submitted by agencies or members of the public during the public comment period on the Draft EIR and responses to those comments
7 The Final EIR prepared for the project
8 The Mitigation Monitoring Plan developed for the project
9 Written documentation and maps All staff reports memoranda maps letters meeting minutes or other documents that were prepared for or reviewed by the Board of Directors for MID
10 All testimonYdocuments and other evidence presented by MID relating to the project
11 All documents submitted to MID by agencies or members of the public in connection with the project
12 Minutes of all public meetings held by MID in connection with ~he project
13 Matters of common knowledge to the Board of Directors of MID including but not limited to
a) Stanislaus County General Plan and Zoning Code
All items listed above are in the custody of Modesto Irrigation District 1231 Eleventh Street Modesto CA 95354
IV FINDINGS REQUIRED UNDER CEQA
To the extent that a project is subject to CEQA a public agency may not approve the project as proposed if feasible mitigation measures or feasible alternatives are available that would substantially lessen the projects significant environmental effects (Pub Resources Code sect21002) Based on Section 21002 both the California Resources Agency and the States courts have recognized that in approving projects with significant environmental effects public agencies have an obligation to modify the project to the extent feasible to substantially lessen or avoid such effects (CEQA Guidelines sect 15002 subd (a)3) 15021 subd (a)2) Sierra Club v Gilroy City Council (1990) 22 CalApp3d 30 41 [271 Cal Rptr393])
Public Resources Code Section 210611 defines feasible to mean capable of being accomplished in a successful manner within a reasonable period oftime taking into account economic enVironmental social and technological factors CEQA Guidelines Section 15364 adds another factor legal considerations See also Citizens of Goleta Valley v Board of Supervisors (Goleta 11) (1990) 52 Cal3d 553565 [276 CalRptr 410]) An agency may reject mitigation measures or environmentally superior alternatives as being infeasible if they frustrate the objectives of a proposed project (See City of Del Mar v City of San Diego (1982) 133 CalApp3d 410416-417 [183 CalRptr 898 Seguovah Hills Homeowners Association v City of Oakland (1993) 23 CalAppAth 704 715 [29 Cal Rptr2d 182])
DOCS_N271545_V4_Board_Agenda_ReportJor_The_Mchenry_SolarJarm]roject_7_26_11 Rev Dec 2010 82
Moto Irrigation BOARD RESOLUTION~lt1ID II District
WattralUtPOWott
The obligation to substantially lessen or avoid significant effects where feasible is implemented in part through the adoption of CEQA findings as mandated by Public Resources Code sect21081 The parallel section in the CEQA Guidelines is sect15091 which provides that before an agency can approve a project for which an EIR has identified significant environmental effects the agency must first adopt one or more findings for each [such] significant effect For each effect the agencys findings must reach one or more of three permissible conclusions
The first possible finding IS that changes or alterations have been required in or incorporated into the project which avoid or substantially lessen the significant environmental effect as identified in the final ErR (CEQA Guidelines sect15091 subd (a)(1))
The second permissible finding is that (s)uch changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding Such changes have been adopted by such other agency or can and should be adopted by such other agency (CEQA Guidelines sect15091 subd (a)(2))
As to the third permissible conclusion CEQA Guidelines sect15091 no longer exactly tracks the statutory language ofPublic Resources Code sect21081 subdivision (a)(3) which was amended in 1993 and again in 1994 The amended statute provides that the third permissible conclusion is that (s)pecific economic legal social technological or other considerations including provision of employment opportunities for highly trained workers make infeasible the mitigation measures or project alternatives identified in the ErR (Pub Resources Code sect21081 subd (a)(3) see also CEQA Guidelines sect15091 subd (a)(3))
The CEQA Guidelines do not define the difference between avoiding a significant environmental effect and merely substantially lessening such an effect MID must therefore glean the meaning of these terms from the other contexts in which the terms are used Public Resources Code section 21081 on which CEQA Guidelines section 15091 is based uses the term mitigate rather that substantially lessen Such an understanding ofthe statutory term is consistent with Public Resources Code sect21002 which as noted earlier uses the terms substantially lessen and avoid but does not use the word mitigate
For purposes of these findings the term avoid refers to the effectiveness of one or more mitigation measure to reduce an otherwise significant effect to a less than significant level In contrast the term substantially lessen refers to the effectiveness of such a measure or measure to substantially reduce the severity of a significant effect but not to reduce that effect to a less than significant level
Although CEQA Guidelines Section 15091 requires only that approving agencies specify that a particular significant effect is avoid[ed] or substantially lessen[edJ these findings for purposes of clarity in each case will specify whether the effect in question has been avoided (Ie reduced to a less than significant levels) or has simply been substantially lessened but remains significant
In seeking to effectuate the substantive policy of CEQA to substantially lessen or avoid significant environmental effects to the extent feaSible an agency in adopting findings need not necessarily address the feasibility of both mitigation measures and environmentally superior alternatives when contemplating approval of a proposed project with significant impacts Where a significant impact can
DOCS_N271545_V4_Boaro_Agenda_ReportJor _The_Mchenry _Solar_Farl11_ProjecC7_26_11 Rev Dec 2010 83
BOARD RESOLUTION
be mitigated to an acceptable level solely by the adoption of a feasible mitigation measure or measures the agency in drafting its findings has no obligation even to consider the feasibility of any environmentally superior alternative that could also substantially lessen or avoid that same impactshyeven ifthe alternative would render the impact less severe than would the proposed project as mitigated (laurel Hills Homeowners Associated v City Council (1978) 83 Ca1App3d515 521 [147 CalRptr 842] see also Kings County Farm Bureau v City of Hanford (1990) 221 CalApp3d 692 730shy731 [270 CalRptr 650] and laurel Heights Improvement Associated v Regents ofthe University of California (Laurel Heights I) (1988)47 Cal 3d 376 400-403 [253 CalRptr 426])
In these findings MID first addresses the extent to which each significant environmental effect can be substantially lessened or avoided through the adoption of feasible mitigation measures MID also addresses the extent to which alternatives described in the EIR are (i) environmentally superior and (ii) feasible within the meaning of CEQA
In cases in which a projects significant effects cannot be mitigated or avoided an agency after adopting proper findings may nevertheless approve the project if it first adopts a statement of overriding considerations setting forth the specific reasons why the agency found that the benefits of the project outweigh the significant effects on the environment (Pub Resources Code sect21081 subd (b) see also CEQA Guidelines sectsect15093 15043 subd (b)) In this case all impacts have been mitigated sufficiently so that a statement of overriding considerations is not needed
The California Supreme Court has stated that (t)he wisdom of approvingany development project a delicate task which requires a balancing of interests is necessarily left to the sound discretion of the local officials and their constituents who are responsible for such decisions The law as we interpret and apply it simply requires that those decisions be informed and therefore balanced (Goleta II supra 52 Cal 3d at 576 [276 CalRptr 410])
V LEGAL EFFECT OF FINDINGS
To the extent that these Findings conclude that proposed mitigation measures outlined in the Draft and Final EIR are feasible and have not been modified superseded or withdrawn MID hereby binds the Applicant and any other responsible parties to implement those measures
These Findings in other words are not merely informational or hortatory but constitute a binding set of obligations that will come into effect when MID adopts the resolution(s) andor ordinance(s) approving the Project (Pub Resources Code sect210816 subd (b)) In addition the adopted mitigation measures are conditions of approval
VI MITIGATION MONITORING PLAN
As required by Public Resources Code sect210816 subd (a)(I) MID in adopting these Findings also adopts a Mitigation Monitoring Plan (MMP) The MMP is designed to ensure that during Project implementation MID and any other responsible parties comply with the feasible mitigation measures identified below The plan is described in the document entitled Mitigation Monitoring Plan (which is included in Chapter 10 of the Draft EIR)
DOCS_N271S45_V4_Board_Agenda_ReportJor _The_Mchenry _Solar_Farm_ProJecC7 _26_11 Rev )ec2010 84
Jf ID =11 BOARD RESOLUTION~ -hf Dlstrld Wattrand Power
The MMP that the Board of Directors for MID will adopt with these Findings of Fact contains the Draft EIR verbatim mitigation measures (the mitigation measures were not changed in the Final EIR) The mitigation measures in the MMP are referenced to the mitigation measures contained herein in Section VII
VII SIGNIFICANT ADVERSE IMPACTS AND MITIGATION MEASURES
For all of the environmental resources that were evaluated in the EIR there were some impacts that were considered less Than Significant and other impacts within the same environmental resource were considered either Potentially Significant No impacts were deemed Significant These Findings do not address resource issues that were determined to have No Impact Resources for which No Impacts were determined include land Use and Planning Mineral Resources Population and Housing Public Services and Recreation
Less-than-Significant Impacts These Findings do not address impacts that are considered less than significant prior to mitigation The lessshythan-significant impacts are not addressed in these Findings Impacts were found to be less than significant for Agriculture and Forest Resources Energy Conservation Geology and Soils Hydrology and Water Quality Noise and Utilities and Service Systems
However due to the number of comments at the public meeting and subsequently in written comments during the public comment period about the use of agricultural land for the proposed solar farm the Board is adopting the following finding concerning the conclusion of the EIR and the independent conclusion of the Board that the project will not cause a significant environmental effect in the form of converting agricultural land Based upon substantial evidence and expert opinion of the independent EIR consultant the EIR concluded that the potential conversion of agricultural land to non-agricultural uses was not a significant effect caused by the Project In reaching this conclusion the EIR emphasized multiple facts policies and evidence The use is a temporary use allowed by a lease between the proponent and the land owner At the conclusion of the leasehold estate the proponent has a contractual obligation to restore the land to the condition present before the lease executed This includes dismantling and removing all equipment excavating and removing all underground wires and cables removing all posts and roads breaking up and removing all cement pads and foundations removing all septic tanks and leach fields and regarding the real property to facilitate continued farming operations (Decommissioning activities)
The County has the power to and may include a condition requiring the proponent complete the decommissioning actiVity Communications with Stanislaus County indicate that a formal agreement should be developed that will keep the subject property in some level of agricultural production (albeit grazing) during the project life and return it to a state suitable to agricultural production at the conclusion of the project
In addition CEQA Guideline Appendix G indicates that if a project causes a significant environmental effect if it converts prime or unique farmland or if it converts farmland of Statewide Importance The Board independently reviewed the analysis of the term convert found at page 32-3 of the Final EIR and independently concludes based upon this analysis that since the land will be restored to the agricultural condition prior to executing the lease that the project does not amount to a permanent or irreversible conversion of agricultural land Therefore the Board finds that the Project does not cause a significant environmental effect in the form of converting agricultural land
DOCS_N271S4S_V4_Board_Agenda_Report_ForJhe_MchenFl_Solar]arm_ProJecC7_l6_11 Rev De 1010 85
BOARD RESOLUTIO N
Furthermore Stanislaus County with significant expertise in the area of preserving and protecting agricultural land has previous addressed this issue and determined that a temporary use of farmland for a solar farm is a less than significant environmental effect under CEQA
Significant Impacts for Which Mitigation Measures are Provided The EIR also identified several impacts that are considered to be Potentially Significant The impacts in this category are Aesthetics Visual Quality and Light and Glare Air Quality Biological Resources Cultural and Paleontological Resources Greenhouse Gas Emissions Hazards and Hazardous Materials and Transportation and Traffic These impacts will be fully avoided through the adoption of feasible mitigation measures No significant unavoidable environmental impacts are expected from either construction or operation ofthe project
Each of these impacts can be reduced to lessmiddotthan-significant levels andor avoided with the implementation of mitigation measures They are considered below
Aesthetics Visual Quality and Light and Glare
Impact 41-2
Impact 41-2 The Project would create a new source of light or glare which could adversely affect daytime ornighttime views in the area (DEIR page ES-8)
Mitigation Measures
Mitigation Measure 41-2 Nighttime Construction Lighting Nighttime construction lighting if required shall be shielded and oriented downward to minimize effects on any nearby receptors Lighting shall be directed toward active construction areas only and shall have the minimum brightness necessary to ensure worker safety
Finding
The Board finds based on substantial evidence presented in the record of prolteedings that implementation of this measure will reduce the potentially significant impact on aesthetics visual quality and light and glare
Air Quality
Impact 43-1
Impact 43-1 Construction and decommissioning activities would generate emissions of criteria pollutants including suspended and inhalable particulate matter and equipment exhaust emissions (DEIR page ES-8 and ES-9)
OOCSN271545 V4BoordAge ndaReportfor _ TheMchenry Solo r Fa rmproject_7 _2611 Rev Oec 2010 86
~)1IDMOto Irlgation BOARD RESOLUTION
It e DItrld water and POwtr-
Mitigation Measure
Mitigation Measure 43-1 Implement Dust Control Measures The Applicant shall submit a Dust Control Plan to the APCO for approval prior to start of construction (and subsequently decommissioning) activities The Plan shall cover both Applicant and MID activities and shall require implementation of the following dust control measures
bull All disturbed areas including storage piles that are not being actively used for construction purposes shall be effectively stabilized of dust emissions using water chemical stabilizersuppressant covered with a tarp or other suitable cover or vegetative ground cover
bull All on-site unpaved roads and off-site unpaved access roads shall be effectively stabilized of dust emissions using water or chemical stabilizersuppressant
bull All land clearing grubbing scraping excavation land leveling grading cut and fill and demolition activities shall be effectively controlled of fugitive dust emissions using application of water or by presoaking
bull When materials are transported off-site all material shall be covered or effectively wetted to limit visible dust emissions and at least six inches of freeboard space from the top of the container shall be maintained
bull Limit or expeditiously remove trackout (Le accumulation of mud or dirt from Projectshyrelated vehicle tires) from adjacent public streets near the Project access points Trackout shall be immediately removed from public streets when it extends 50 or more feet from the Project access points otherwise trackout shall be removed at the end of each workday (The use of dry rotary brushes is expressly prohibited except where preceded or accompanied by sufficient wetting to limit the visible dust emissions)(Use of blower devices is expressly forbidden)
bull Following the addition of materials to or removal of materials from the surface of outdoor storage piles said piles shall be effectively stabilized of fugitive dust emissions using sufficient water or chemical stabilizersuppressant
bull limit traffic speed on unpaved on-site roads to 15 mph
bull Install sandbags or other erosion control measures to prevent silt runoff to public roadways from sites with a slope greater than one percent
bull Install windbreaks at windward side(s) of construction areas
bull Suspend excavation and grading activity when winds exceed 20 mph
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation of these measures will reduce the potentially significant impact on air quality
DOCS_N27154S_V4_Boardfgenda_RoportJor The_MchenVSolar Farm_Projece726_11 Rev Dec 2010 87
Modosto Irrlatlon BOARD RESOLUTION District~lt1ID
Wattrld ~owt
Impact 43-4
Impact 43-4 Construction and decommissioning emissions associated with the Project could result in emissions of ozone precursors and particulate matter that would be cumulatively considerable (OEIR page ES-9)
Mitigation Measure
Mitigation Measure 43-4 Implement Mitigation Measure 43-1
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation of this measure will reduce the potentially significant impact on air quality
Impact 43-6
Impact 43-6 The Project would generate emissions of criteria pollutants potentially exposing sensitive receptors to harmful pollutant concentrations (OEIR page ES-9)
Mitigation Measure
Mitigation Measure 43-6 Implement Mitigation Measure 43-1
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation ofthis measure will reduce the potentially significant impact on air quality
Biological Resources
Impact 44-1
Impact 44-1 Applicant Project activities could result in potential disturbance or loss of Swainsons hawk and their habitat (OEIR page ES-10)
Mitigation Measure
Mitigation Measure 44-1a Preconstruction Surveys for Swainsons Hawk If Project-related construction or decommissioning activities are planned to occur during the nesting period (March 1 to September 15) the Applicant shall engage a qualified biologist to conduct preconstruction surveys for Swainsons hawk and their nests no more than 14 days before the start of construction or decommissioning activities within 025 mile ofthe Project site where access is available Survey results shall be submitted to CDFG at least three days prior to the start of construction or decommissioning activities If active nests are not identified no further action is required and constructiondecommissioning may proceed If active nests are identified the Applicant shall consult with CDFG to develop and implement suitable avoidance measures consistent with the Staff Report Regarding Mitigation for Impacts to Swainsons
DOCS_N271545_V4_Boa rd_Agenda_Repor1_For_ The_Mchenry _Solar_Farm_Project_7 _26_11 Rev Dec 2010 88
f ID= BOARD RESOLUTION hlY1 IIArlel Walfr and POWir
Hawks in the Central Valley of California (CDFG 1994) To avoid impacting breeding efforts no construction or decommissioning activities shall occur between March land September 15 within 500 feet of an active nest that could cause nest abandonment or forced fledging These buffers may be reduced in consultation with CDFG Depending on conditions specific to each active nest and the relative location and rate of construction or decommissioning activities it may be feasible for such activities to occur as planned within the buffer without impacting the breeding effort In this case (to be determined in consultation with CDFG) the nest(s) shall be monitored by a qualified biologist during construction or decommissioning within the buffer The monitor shall have ltstop work authority If in the professional opinion of the monitor Project activities are negatively affecting the nesting behavior of the bird the monitor shall stop all such activities within the designated buffer Construction or decommissioning activities shall not resume until either the monitor has determined that the young have fledged the nest or as otherwise approved by CDFG With CDFG concurrence construction activities that are initiated outside the nesting season may continue even if raptors choose to nest within 500 feet of work activities Thus work may continue without delay if surveys verify the local absence of nesting raptors or if construction begins outside the nesting period (September 16 to February 28)
Mitigation Measure 44-1b Reduce Construction Noise Levels If it appears that noise or vibration from vibratory post driving associated with Project construction (or other similar noise-generating construction or decommissioning activity) could affect nesting Swainsons hawks that arrive after the start of construction specific measures including but not limited to use of noise dissipaters shall be implemented to reduce noise levels During post driving a noise level of no greater than 85 decibels (measured at the nest) shall be used as general guidance for nests that are established after construction
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation of this measure will reduce the potentially significant impact on biological resources
Impact 44-2
Impact 44-2 MID activities could result in potential disturbance or loss of Swainsons hawk and their habitat (DEIR page ES-10)
Mitigation Measure
Mitigation Measure 44-2 Avian-safe Transmission Line MID Transmission poles should be designed using criteria identified in Avian Power line Interaction Committee (APUC 2006)
OOCS_N271545_V4_Boad_AIlenda_Report]o_ The_Mchenrv_Sola_Farm_Poject_c26_11 Rev Dec 2010 89
Mdes Irrlgbullbulllen BOARD RESOLUTION
DItrid- ~lt1IDwater and Powtr
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation of this measure will reduce the potentially significant impact on biological resources
Impact 44-3 Impact 44-3 Project activities could impact other tree-nesting raptors andor protected nesting migratory birds (DEIR page ES-ll)
Mitigation Measure
Mitigation Measure 44-3 Preconstruction Raptor Surveys (Applicant) If Project-related construction andor decommissioning activities are to occur during the breeding period for nesting raptors andor protected nesting migratory birds (February 1 through August 31) the Applicant shall engage a qualified biologist to conduct preconstruction surveys of all potential habitat within 500 feet of the Project site no more than 14 days prior to the start of construction or decommissioning activities If active nests are not identified no further action is necessary If active nests are identified during preconstruction surveys a no-disturbance buffer shall be created around active raptor nests and nests of other special-status birds during the breeding season or until it is determined by the qualified biologist that all young have fledged Typical buffers are 500 feet for raptors and 250 feet for other nesting birds (eg waterfowl and passerine birds) The size of these buffer zones and types of construction or decommissioning activities allowed in these areas could be further modified in coordination with CDFG and shall be based on existing noise and disturbance levels in the Project area
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implernentation ofthis measure will reduce the potentially significant impact on biological resources
Impact 44-4
Impact 44-4 Project activities could result in potential disturbance or loss of burrowing owls and their habitat (DEIS page ES-ll)
Mitigation Measure
Mitigation Measure 44-4a Preconstruction Burrowing Owl Surveys (Applicant) The Applicant shall engage a qualified biologist to conduct preconstruction surveys for burrowing owls 14 to 30 days prior to the start of construction or decommissioning using the most current CDFG protocol Surveys shall cover grassland areas within a SOO-foot buffer from all Project constructiondecommissioning activities that are within suitable grasslands habitat including checking for adult and juvenile burrowing owls and owl nests If owls are detected during
DOCSN271545V4BoardAgendaReportForTheMchenrvSolarJarmProject72611 Rev Dec 2010 90
WID n BOARD RESOLUTION L bl Dltrld WIIIT Irld Ptlwtt
surveys occupied burrows shall not be disturbed Constructiondecommissioning exclusion areas (eg orange exclusion fence or signage) shall be established around the occupied burrows where no disturbance shall be allowed During the nonbreeding season (September 1 through January 31) the exclusion zone shall extend 160 feet around occupied burrows During the breeding season (February 1 through August 31) exclusion areas shall extend 250 feet around occupied burrows If the above requirements cannot be met passive relocation of onshysite owls may be implemented as an alternative but only during the nonbreeding season and only with prior CDFG approval Passive relocation shall be accomplished by installing one-way doors on the entrances of burrows located within 160 feet ofthe Project area The one-way doors shall be left in place for 48 hours to ensure the owls have left the burrow The burrows shall then be excavated with a qualified biologist present Constructiondecommissioning shall not proceed until the Project area is deemed free of owls by the qualified biologist
Mitigation Measure 44-4b Preconstruction Burrowing Owl Surveys (MID) Prior to construction MID shall conduct pre-construction surveys for burrowing owl for the subtransmissiondistribution line and fiber optic cable alignment These surveys shall be conducted using the most up-to-date CDFG published protocols (eg CDFGs 1995 Staff Report on Burrowing Owl Mitigation) If owls are detected during surveys occupied burrows shall not be disturbed
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation ofthis measure will reduce the potentially significant impact on biological resources
Cultural and Paleontological Resources
Impact 45-1
Impact 45-1 The proposed Project could potentially cause an adverse change in the significance of a unique archaeological resource pursuant to sect150645 (DEIR page ES-12)
Mitigation Measure
Mitigation Measure 45-1 If Cultural Resources are Discovered During Ground-Disturbing Activities Suspend Work until Resource is Evaluated Prior to the initiation of site preparation or start of construction (and subsequently decommissioning) the Applicant shall retain a qualified professional archaeologist to complete an archaeological resources training program for construction workers involved in grading and excavation activities Training shall include
awareness and recognition of archaeological materials and the procedures to follow if
construction crews encounter such materials in the course of earthwork excavation or grading If archaeological resources are encountered all activity within 50 feet of the find shall
cease until it can be evaluated by a qualified archaeologist Prehistoric archaeological materials
DOCS_N27154S_V4_Board_Asenda_Report_For_ The_Mchenry _Sol _fam]roject_7_26_11 Rev Dec 2010 91
Motlesto Irrlatlo~lt1ID BOARD RESOLUTIO N
II DIlrld VialfrantJ PCMl
could include obsidian and chert f1aked~stone tools (eg projectile points knives scrapers) or toolmaking debris culturally darkened soil (ilmidden) containing heat~affected rocks artifacts
or shellfish remains and stone milling equipment (eg mortars pestles handstones or milling slabs) and battered stone tools such as hammerstones and pitted stones Historic~period materials could include stone concrete or adobe footings and walls filled wells or privies and
deposits of metal glass andor ceramic refuse The archaeologist shall notify the Applicant and MID if the resource may be significant An appropriate treatment plan for the resources shall then be developed by the Applicant for approval by MID The archaeologist shall consult with Native American representatives in determining appropriate treatment for prehistoric or Native American cultural resources if discovered In considering any suggested mitigation proposed by the archaeologist the Applicant and MID shall determinewhether avoidance is feasible in light of factors such as the nature of the find project design costs and other considerations If avoidance is not feasible other appropriate measures (eg data recovery) shall be instituted Work may proceed in other parts of the Project site while mitigation for cultural resources in other areas of the site is being carried out
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation ofthis measure will reduce the potentially significant impact on unique archaeological resources
Impact 45-2
Impact 45-2 The proposed Project could potentially destroy a unique paleontological resource or site or unique geologic feature (DEIR page ES-12)
Mitigation Measure
Mitigation Measure 45-2 If Paleontological Resources are Discovered During Ground-Disturbing Activities Suspend Work until Resource is Evaluated Prior to the initiation of site preparation or start of construction (and subsequently decommissioning) the Applicant shall retain a qualified profeSSional paleontologist or a California Registered Professional Geologist (California RPG) with appropriate paleontological expertise as defined by the Society of Vertebrate Paleontologys Conformable Impact Mitigation Guidelines Committee (SVP 1995 Guidelines) to carry out a paleontological resources training program for construction workers involved in grading and excavation activities Training shall include awareness and recognition of potential fossil materials and the procedures to follow if construction crews encounter fossil materials in the course of earthwork excavation or grading If construction crews discover potential fossils all earthwork or other types of ground disturbance within 50 feet of the find shall stop immediately until the qualified professional paleontologist can assess the nature and importance of the find Based on the scientific value or uniqueness of the find the monitor may record the find and allow work to continue or recommend salvage and recovery of the fossil The Applicant shall require the paleontologist to be on-call throughout the duration of ground-disturbing activities
DOCS_N27154S_ V4_Boa rd_Agenda_Report]or_The_Mchenry _Solar ]a_ProjecC7_26_11 Rev Dec 2010 92
ID= BOARD RESOLUTION I 11 DlstrldwIltIdPowt
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation of this measure will reduce the potentially significant impact on paleontological resources
Impact 45-3
Impact 45-3 The proposed Project could potentially disturb any human remains including those interred outside of formal cemeteries (DEIR page ESmiddot13)
Mitigation Measure
Mitigation Measure 45-3 Halt Work if Human Skeletal Remains are Identified During Construction If human skeletal remains are uncovered during Project construction (and subsequently decommissioning) work shall immediately halt within 100 feet of the find The Applicant shall contact the Stanislaus County Coroner to evaluate the remains and shall follow the procedures and protocols set forth in sect150645(e(1) of the CEQA Guidelines If the County Coroner determines that the remains are Native American the Applicant shall contact the Native American Heritage Commission in accordance with Health and Safety Code Section 70505 subdivision (c) and Public Resources Code 509798 (as amended by AB 2641) The Native American Heritage Commission will designate a Most Likely Descendent of the deceased Native American who will provide recommendations as to the future disposition ofthe remains
Finding
The Board finds based on substantjal evidence presented in the record of proceedings that implementation of this measure will reduce the potentially Significant impact on human remains
Greenhouse Gas Emissions
Impact 48-2
Impact 48-2 The Project could conflict with the California Air Resources Boards Climate Change Scoping Plan (DEIR page ES-14)
Mitigation Measure
Mitigation Measure 48-2 Low SF6 Leak Rate Circuit Breaker and Monitoring The applicant shall ensure that the circuit breaker installed at the proposed new substation has a guaranteed SF6 annual leak rate of no more than 05 percent by volume The Applicant shall provide MID with documentation of compliance such as specification sheets prior to installation of the circuit breaker In addition the Applicant shall monitor the SF6middotcontaining circuit breaker at the substation consistent with Scoping Plan Measure H-6 for the detection and repair of leaks
OOCSN271545V4BoarltljgendaReportJo rTheMchenry_SolarJarm_Project72611 Rev Dec 2010 93
~MID
Mst Irrl_60 BOARD RESOLUTION
II District Weltr _rut Pampftl
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation ohhis measure will reduce the potentially significant impact on greenhouse gas emissions
Hazards and Hazardous Materials
Impact 49-2
Impact 49-2 The Project could result in an accidental spill or leak during construction or decommissioning that could release hazardous materials into the environment (DEIR page ESshy14)
Mitigation Measure
Mitigation Measure 49-2 Accidental Spill Prevention and Response Plan The Applicant shall prepare an Accidental Spill Prevention and Response Plan for construction and decommissioning activities for review and approval by Modesto Irrigation District The plan shall identify measures to prevent accidental spills from leaving the site and methods for responding to and cleaning up spills to limit the amount of materials released into the environment Such measures shall include but not be limited to ensuring that absorbent material tarps storage drums and other emergency spill supplies and equipment are kept at the Project site at all times
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation of this measure will reduce the potentially significant impact on hazardous materials
Transportation and Traffic
Impact 417-1
Impact 417-1 Project construction and decommissioning activities could intermittently and temporarily increase traffic congestion due to vehicle trips generated by construction workers and construction vehicles on area roadways (DEIR page ES-16)
Mitigation Measure
Mitigation Measure 417-1a MID Traffic Control Measures During construction and decommissioning of the sub-transmission and distribution lines and fiber optic cable MID shall implement the following traffic mitigation measures from the 2006 PEIR Update (2006 PEIR Update p 10-6)
DOCSN271545V4BoadAgendaRepoCForTheMhenrvSolaFarmProJeet72611 Rev Dolt 2010 94
cIbullbulltomiddot Irrlgatlon BOARD RESOLUTION e DistrIct~lt1ID
Wntr and POwtf
1 MID will coordinate design and construction of program facilities with the agencies with jurisdiction including Caltrans counties cities special districts other utilities and the FAA as required
2 MID will obtain any necessary encroachment permits inspections or other approvals from agencies with jurisdiction
2A MID will obtain any necessary approvals and inspections from agencies with jurisdiction
2B MID shall coordinate the design and construction and shall obtain any necessary permits from the County City or State prior to placing any facilities within the public road rights-of-way of those agencies and shall conform to applicable conditions in the encroachment permit
3 MID will utilize all necessary precautions to minimize safety concerns when working within public road rights-of-way Traffic safety cones construction signage or other measures will be used to alert drivers to construction activities
4 Electrical facilities placed within public rights-of-way will comply with applicable standards for avoiding hazards to drivers pedestrians and bicyclists
Mitigation Measure 417-1bApplicant Construction Traffic Management and Safety Plan Prior to the start of construction (and subsequently decommissioning) of the Project the Applicant shall prepare and implement a Traffic Management and Safety Plan that shall reduce or eliminate impacts associated with the Project The Plan shall adhere to Stanislaus County and Caltrans requirements and shall include at a minimum the following elements
a) Schedule Project-generated construction truck trips on SR 99 SR 108 and SR 219 outside the peak morning and evening commute hours to reduce potential traffic congestion and reduce potentia I for transit delays during the p traffic congestion and reduce potential for transit delays during the peak commute periods
b) Comply with transportation permit requirements of Caltrans and CHP when scheduling Project-generated construction truck trips carrying oversized loads In addition provide preshynotification to local police fire and emergency service providers of the timing location and duration of construction activities that could affect the movement of emergency vehicles on area roadways
c) Place signs (eg Slow Trucks andor Trucks Turning Ahead) along appropriate roads to notify drivers of construction traffic throughout the duration of the constructionperiodeak commute periods
DOCSN271545V4Boord_AgendaReportJorThe_MchenrySolaFa rmProject72611 Rev Dec 2010 95
IDn BOARD RESOLUTION~ -bl Dstrld Water lila POwtr
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation ofthis measure will reduce the potentially significant impact on traffic and transportation
Impact 417-3
Impact 417-3 Project construction and decommissioning activities could substantially increase traffic hazards due to construction in or adjacent to roads (DEIR page ES-17)
Mitigation Measure
Mitigation Measure 417-3 Implement Mitigation Measures 417-1a and 417-1b
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation of this measure will reduce the potentially significant impact on traffic and transportation
Impact 417-4
Impact 417-4 The Project could result in inadequate emergency access (DEIR page ES-17)
Mitigation Measure
Mitigation Measure 417-4 Develop an Emergency Access Plan for the Site The Applicant shall develop and implement an Emergency Access Plan which shall include evacuation routes and strategies to ensure accessibility and mobility for project area and emergency vehicles AdditionaI measures include developing an emergency action plan that identifies roles and responsibilities during emergencies and to update the plan regularly
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation of this measure will reduce the potentially significant impact on emergency access
VIII PROJECT ALTERNATIVES
The McHenry Solar Farm Project EIR is a project-specific ErR that evaluated a more than a dozen alternative locations to the proposed site three alternative sub-transmission line interconnection points for the proposed site three alternative solar technologies concentrated solar parabolic trough concentrated solar power tower and thin-film PV and two alternative approaches to the proposed generation of solar energy conservation and demand side management and distributed generation solar Table 1 lists the alternatives that were considered as well as which ones passed and the others that failed the screening analysis that was performed In addition the No Project Alternative was conSidered
DOCSN271545 V4BoardAgend bullbullReporCFor TheMchenry SolarFarmProJect72611 Rev Dec 2010
bull
96
~IDn BOARD RESOLUTION bJlTI District Waterlnd Power
The Final EIR presented the analysis for rejecting the alternative sites The Board independently evaluated this analysis and concurs in the analysis and conclusions presented The answering of the key question (See CEQA Guidelines Section 151266f)(2)A)) the Board finds that the Project does not cause any significant
environmental effect that is not reduced to less than significant with mitigation measures Never the lessl the EIR opted to address alternative sites
Various public comments offered generalized comments on alternatives sites No substantial evidence was presented regarding the feasibility of such sites or the reasonable ability of the Applicant to acquire the sitesl
and substantial evidence was not presented that these alternative sites would lessen all ofthe Projects significant effects to less than significant
DOCS_N271545_V4_Board_Ai n_ReporCFor _The_Mchenry _SolacFarm_Project_7 _26_11 Rev Dec 2010 97
COPIES OF THE DRAFT AND FINAL ENVIRONMENTALIMPACT REPORT AND ARE AVAILABLE FOR REVIEW ATTHE COUNTY PLANNING DEPARTMENT OFFICE OR VIATHE INTERNET AThttpwwwstancountycomplanningplagenda-min-2011shtm HARD COPIES OF ALL EIR DOCUMENTS REFERENCED INTHIS REPORT HAVE BEEN PROVIDED TO EACH MEMBEROF THE PLANNING COMMISSION
98
Executive Summary
McHenry Solar Project ES-8 May 2011 Draft Environmental Impact Report
TABLE ES-1 SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Aesthetics Visual Quality and Light and Glare
Impact 41-1 The Project could degrade the existing visual character or quality of the site and its surroundings
Less than Significant
None required
Impact 41-2 The Project would create a new source of light or glare which could adversely affect daytime or nighttime views in the area
Potentially Significant
Mitigation Measure 41-2 Nighttime Construction Lighting Nighttime construction lighting if required shall be shielded and oriented downward to minimize effects on any nearby receptors Lighting shall be directed toward active construction areas only and shall have the minimum brightness necessary to ensure worker safety
Less than Significant
Agriculture and Forest Resources
Impact 42-1 The Project would temporarily discontinue the current exclusive agricultural use (row crops) of Prime Farmland to a mix of agricultural use (grazing) and non-agricultural use
Less than Significant
None required
Air Quality
Impact 43-1 Construction and decommissioning activities would generate emissions of criteria pollutants including suspended and inhalable particulate matter and equipment exhaust emissions
Potentially Significant
Mitigation Measure 43-1 Implement Dust Control Measures The Applicant shall submit a Dust Control Plan to the APCO for approval prior to start of construction (and subsequently decommissioning) activities The Plan shall cover both Applicant and MID activities and shall require implementation of the following dust control measures
All disturbed areas including storage piles that are not being actively used for construction purposes shall be effectively stabilized of dust emissions using water chemical stabilizersuppressant covered with a tarp or other suitable cover or vegetative ground cover
All on-site unpaved roads and off-site unpaved access roads shall be effectively stabilized of dust emissions using water or chemical stabilizersuppressant
All land clearing grubbing scraping excavation land leveling grading cut and fill and demolition activities shall be effectively controlled of fugitive dust emissions using application of water or by presoaking
When materials are transported off-site all material shall be covered or effectively wetted to limit visible dust emissions and at least six inches of freeboard space from the top of the container shall be maintained
Limit or expeditiously remove trackout (ie accumulation of mud or dirt from Project-related vehicle tires) from adjacent public streets near the Project access points Trackout shall be immediately removed from public streets when it extends 50 or more feet from the Project access points otherwise trackout shall be removed at the end of each workday (The use of dry rotary brushes is expressly prohibited except where preceded or accompanied by sufficient wetting to limit the visible dust emissions)(Use of blower devices is expressly forbidden)
Less than Significant
99
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-9 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Air Quality (cont)
Impact 43-1 (cont) Following the addition of materials to or removal of materials from the surface of outdoor storage piles said piles shall be effectively stabilized of fugitive dust emissions using sufficient water or chemical stabilizersuppressant
Limit traffic speed on unpaved on-site roads to 15 mph
Install sandbags or other erosion control measures to prevent silt runoff to public roadways from sites with a slope greater than one percent
Install windbreaks at windward side(s) of construction areas
Suspend excavation and grading activity when winds exceed 20 mph
Impact 43-2 Operation of the Project would generate exhaust emissions of criteria pollutants from routine operations
Less than Significant
None required
Impact 43-3 The Project could result in permanently disturbed land that would serve as a source of fugitive dust emissions
Less than Significant
None required
Impact 43-4 Construction and decommissioning emissions associated with the Project could result in emissions of ozone precursors and particulate matter that would be cumulatively considerable
Potentially Significant
Mitigation Measure 43-4 Implement Mitigation Measure 43-1 Less than Significant
Impact 43-5 Operation and maintenance of the Project could generate emissions of criteria pollutants that would be cumulatively considerable
Less than Significant
None required
Impact 43-6 The Project would generate emissions of criteria pollutants potentially exposing sensitive receptors to harmful pollutant concentrations
Potentially Significant
Mitigation Measure 43-6 Implement Mitigation Measure 43-1 Less than Significant
Impact 43-7 The Project would generate emissions of Toxic Air Contaminants potentially exposing sensitive receptors to harmful pollutant concentrations
Less than Significant
None required
100
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-10 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Biological Resources
Impact 44-1 Applicant Project activities could result in potential disturbance or loss of Swainsonrsquos hawk and their habitat
Potentially Significant
Mitigation Measure 44-1a Preconstruction Surveys for Swainsonrsquos Hawk If Project-related construction or decommissioning activities are planned to occur during the nesting period (March 1 to September 15) the Applicant shall engage a qualified biologist to conduct preconstruction surveys for Swainsonrsquos hawk and their nests no more than 14 days before the start of construction or decommissioning activities within 025 mile of the Project site where access is available Survey results shall be submitted to CDFG at least three days prior to the start of construction or decommissioning activities If active nests are not identified no further action is required and constructiondecommissioning may proceed If active nests are identified the Applicant shall consult with CDFG to develop and implement suitable avoidance measures consistent with the Staff Report Regarding Mitigation for Impacts to Swainsonrsquos Hawks in the Central Valley of California (CDFG 1994) To avoid impacting breeding efforts no construction or decommissioning activities shall occur between March 1 and September 15 within 500 feet of an active nest that could cause nest abandonment or forced fledging These buffers may be reduced in consultation with CDFG
Depending on conditions specific to each active nest and the relative location and rate of construction or decommissioning activities it may be feasible for such activities to occur as planned within the buffer without impacting the breeding effort In this case (to be determined in consultation with CDFG) the nest(s) shall be monitored by a qualified biologist during construction or decommissioning within the buffer The monitor shall have ldquostop workrdquo authority If in the professional opinion of the monitor Project activities are negatively affecting the nesting behavior of the bird the monitor shall stop all such activities within the designated buffer Construction or decommissioning activities shall not resume until either the monitor has determined that the young have fledged the nest or as otherwise approved by CDFG
With CDFG concurrence construction activities that are initiated outside the nesting season may continue even if raptors choose to nest within 500 feet of work activities Thus work may continue without delay if surveys verify the local absence of nesting raptors or if construction begins outside the nesting period (September 16 to February 28)
Less than Significant
Mitigation Measure 44-1b Reduce Construction Noise Levels If it appears that noise or vibration from vibratory post driving associated with Project construction (or other similar noise-generating construction or decommissioning activity) could affect nesting Swainsonrsquos hawks that arrive after the start of construction specific measures including but not limited to use of noise dissipaters shall be implemented to reduce noise levels During post driving a noise level of no greater than 85 decibels (measured at the nest) shall be used as general guidance for nests that are established after construction
Impact 44-2 MID activities could result in potential disturbance or loss of Swainsonrsquos hawk and their habitat
Potentially Significant
Mitigation Measure 44-2 Avian-safe Transmission Line (MID) Transmission poles should be designed using criteria identified in Avian Power Line Interaction Committee (APLIC 2006)
Less than Significant
101
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-11 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Biological Resources (cont)
Impact 44-3 Project activities could impact other tree-nesting raptors andor protected nesting migratory birds
Potentially Significant
Mitigation Measure 44-3 Preconstruction Raptor Surveys (Applicant) If Project-related construction andor decommissioning activities are to occur during the breeding period for nesting raptors andor protected nesting migratory birds (February 1 through August 31) the Applicant shall engage a qualified biologist to conduct preconstruction surveys of all potential habitat within 500 feet of the Project site no more than 14 days prior to the start of construction or decommissioning activities If active nests are not identified no further action is necessary If active nests are identified during preconstruction surveys a no-disturbance buffer shall be created around active raptor nests and nests of other special-status birds during the breeding season or until it is determined by the qualified biologist that all young have fledged Typical buffers are 500 feet for raptors and 250 feet for other nesting birds (eg waterfowl and passerine birds) The size of these buffer zones and types of construction or decommissioning activities allowed in these areas could be further modified in coordination with CDFG and shall be based on existing noise and disturbance levels in the Project area
Less than Significant
Impact 44-4 Project activities could result in potential disturbance or loss of burrowing owls and their habitat
Potentially Significant
Mitigation Measure 44-4a Preconstruction Burrowing Owl Surveys (Applicant) The Applicant shall engage a qualified biologist to conduct preconstruction surveys for burrowing owls 14 to 30 days prior to the start of construction or decommissioning using the most current CDFG protocol Surveys shall cover grassland areas within a 500-foot buffer from all Project constructiondecommissioning activities that are within suitable grasslands habitat including checking for adult and juvenile burrowing owls and owl nests If owls are detected during surveys occupied burrows shall not be disturbed
Constructiondecommissioning exclusion areas (eg orange exclusion fence or signage) shall be established around the occupied burrows where no disturbance shall be allowed During the nonbreeding season (September 1 through January 31) the exclusion zone shall extend 160 feet around occupied burrows During the breeding season (February 1 through August 31) exclusion areas shall extend 250 feet around occupied burrows
If the above requirements cannot be met passive relocation of on-site owls may be implemented as an alternative but only during the nonbreeding season and only with prior CDFG approval Passive relocation shall be accomplished by installing one-way doors on the entrances of burrows located within 160 feet of the Project area The one-way doors shall be left in place for 48 hours to ensure the owls have left the burrow The burrows shall then be excavated with a qualified biologist present Constructiondecommissioning shall not proceed until the Project area is deemed free of owls by the qualified biologist
Less than Significant
Mitigation Measure 44-4b Preconstruction Burrowing Owl Surveys (MID) Prior to construction MID shall conduct pre-construction surveys for burrowing owl for the sub-transmissiondistribution line and fiber optic cable alignment These surveys shall be conducted using the most up-to-date CDFG published protocols (eg CDFGs 1995 Staff Report on Burrowing Owl Mitigation) If owls are detected during surveys occupied burrows shall not be disturbed
102
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-12 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Cultural and Paleontological Resources
Impact 45-1 The proposed Project could potentially cause an adverse change in the significance of a unique archaeological resource pursuant to sect150645
Potentially Significant
Mitigation Measure 45-1 If Cultural Resources are Discovered During Ground-Disturbing Activities Suspend Work until Resource is Evaluated Prior to the initiation of site preparation or start of construction (and subsequently decommissioning) the Applicant shall retain a qualified professional archaeologist to complete an archaeological resources training program for construction workers involved in grading and excavation activities Training shall include awareness and recognition of archaeological materials and the procedures to follow if construction crews encounter such materials in the course of earthwork excavation or grading If archaeological resources are encountered all activity within 50 feet of the find shall cease until it can be evaluated by a qualified archaeologist Prehistoric archaeological materials could include obsidian and chert flaked-stone tools (eg projectile points knives scrapers) or toolmaking debris culturally darkened soil (ldquomiddenrdquo) containing heat-affected rocks artifacts or shellfish remains and stone milling equipment (eg mortars pestles handstones or milling slabs) and battered stone tools such as hammerstones and pitted stones Historic-period materials could include stone concrete or adobe footings and walls filled wells or privies and deposits of metal glass andor ceramic refuse The archaeologist shall notify the Applicant and MID if the resource may be significant An appropriate treatment plan for the resources shall then be developed by the Applicant for approval by MID The archaeologist shall consult with Native American representatives in determining appropriate treatment for prehistoric or Native American cultural resources if discovered
In considering any suggested mitigation proposed by the archaeologist the Applicant and MID shall determine whether avoidance is feasible in light of factors such as the nature of the find project design costs and other considerations If avoidance is not feasible other appropriate measures (eg data recovery) shall be instituted Work may proceed in other parts of the Project site while mitigation for cultural resources in other areas of the site is being carried out
Less than Significant
Impact 45-2 The proposed Project could potentially destroy a unique paleontological resource or site or unique geologic feature
Potentially Significant
Mitigation Measure 45-2 If Paleontological Resources are Discovered During Ground-Disturbing Activities Suspend Work until Resource is Evaluated Prior to the initiation of site preparation or start of construction (and subsequently decommissioning) the Applicant shall retain a qualified professional paleontologist or a California Registered Professional Geologist (California RPG) with appropriate paleontological expertise as defined by the Society of Vertebrate Paleontologyrsquos Conformable Impact Mitigation Guidelines Committee (SVP 1995 Guidelines) to carry out a paleontological resources training program for construction workers involved in grading and excavation activities Training shall include awareness and recognition of potential fossil materials and the procedures to follow if construction crews encounter fossil materials in the course of earthwork excavation or grading If construction crews discover potential fossils all earthwork or other types of ground disturbance within 50 feet of the find shall stop immediately until the qualified professional paleontologist can assess the nature and importance of the find Based on the scientific value or uniqueness of the find the monitor may record the find and allow work to continue or recommend salvage and recovery of the fossil The Applicant shall require the paleontologist to be ldquoon-callrdquo throughout the duration of ground-disturbing activities
Less than Significant
103
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-13 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Cultural and Paleontological Resources (cont)
Impact 45-3 The proposed Project could potentially disturb any human remains including those interred outside of formal cemeteries
Potentially Significant
Mitigation Measure 45-3 Halt Work if Human Skeletal Remains are Identified During Construction If human skeletal remains are uncovered during Project construction (and subsequently decommissioning) work shall immediately halt within 100 feet of the find The Applicant shall contact the Stanislaus County Coroner to evaluate the remains and shall follow the procedures and protocols set forth in sect150645(e)(1) of the CEQA Guidelines If the County Coroner determines that the remains are Native American the Applicant shall contact the Native American Heritage Commission in accordance with Health and Safety Code Section 70505 subdivision (c) and Public Resources Code 509798 (as amended by AB 2641) The Native American Heritage Commission will designate a Most Likely Descendent of the deceased Native American who will provide recommendations as to the future disposition of the remains
Less than Significant
Energy Conservation
Impact 46-1 The construction operation and maintenance and decommissioning of the Project could result in consumption of energy
Less than Significant
None required
Impact 46-2 Construction operation and maintenance and decommissioning of the Project would require use of transportation energy
Less than Significant
None required
Impact 46-3 The Projectrsquos overall use of efficient transportation alternatives would be limited
Less than Significant
None required
Geology and Soils
Impact 47-1 The Project could expose people or structures to potential adverse effects including the risk of loss injury or death involving strong seismic ground shaking and earthquake-induced ground failure (such as liquefaction and lateral spreading)
Less than Significant
None required
Impact 47-2 The Project could result in soil erosion or loss of topsoil
Less than Significant
None required
Impact 47-3 The Project could be located on expansive soil as defined in Table 18-1-B of the Uniform Building Code (1994) creating risks to life or property
Less than Significant
None required
104
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-14 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Geology and Soils (cont)
Impact 47-4 The Project site could have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater
Less than Significant
None required
Greenhouse Gas Emissions
Impact 48-1 The Project would result in emissions of greenhouse gases that would contribute to global climate change
Less than Significant
None required
Impact 48-2 The Project could conflict with the California Air Resources Boardrsquos Climate Change Scoping Plan
Potentially Significant
Mitigation Measure 48-2 Low SF6 Leak Rate Circuit Breaker and Monitoring The Applicant shall ensure that the circuit breaker installed at the proposed new substation has a guaranteed SF6 annual leak rate of no more than 05 percent by volume The Applicant shall provide Modesto Irrigation District with documentation of compliance such as specification sheets prior to installation of the circuit breaker In addition the Applicant shall monitor the SF6-containing circuit breaker at the substation consistent with Scoping Plan Measure H-6 for the detection and repair of leaks
Less than Significant
Hazards and Hazardous Materials
Impact 49-1 Project construction decommissioning and operationmaintenance could create a hazard to the public or the environment through the routine transport use or disposal of hazardous materials
Less than Significant
None required
Impact 49-2 The Project could result in an accidental spill or leak during construction or decommissioning that could release hazardous materials into the environment
Potentially Significant
Mitigation Measure 49-2 Accidental Spill Prevention and Response Plan The Applicant shall prepare an Accidental Spill Prevention and Response Plan for construction and decommissioning activities for review and approval by Modesto Irrigation District The plan shall identify measures to prevent accidental spills from leaving the site and methods for responding to and cleaning up spills to limit the amount of materials released into the environment Such measures shall include but not be limited to ensuring that absorbent material tarps storage drums and other emergency spill supplies and equipment are kept at the Project site at all times
Less than Significant
Hydrology and Water Quality
Impact 410-1 The Project could potentially degrade water quality such that it could violate water quality standards or waste discharge requirements
Less than Significant
None required
105
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-15 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Hydrology and Water Quality (cont)
Impact 410-2 The Project could alter the existing drainage pattern of the site in a manner that could result in erosion or sedimentation on- or off-site or which could contribute to flooding
Less than Significant
None required
Impact 410-3 The Project could create or contribute runoff water that could exceed the capacity of existing or planned stormwater drainage systems or provide additional sources of polluted runoff
Less than Significant
None required
Impact 410-4 The Project could expose people or structures to a risk of loss injury or death involving flooding including flooding as a result of the failure of a levee or dam
Less than Significant
None required
Land Use and Planning
The Project would have no impacts in this resource area
Mineral Resources
The Project would have no impacts in this resource area
Noise
Impact 413-1 Project-related post driving would result in exposure of persons to groundborne vibration
Less than Significant
None required
Impact 413-2 Operation and maintenance of the Project would increase local ambient noise levels
Less than Significant
None required
Impact 413-3 Project construction and decommissioning activities would temporarily increase local ambient noise levels
Less than Significant
None required
Population and Housing
The Project would have no impacts in this resource area
106
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-16 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Public Services
The Project would have no impacts in this resource area
Recreation
The Project would have no impacts in this resource area
Transportation and Traffic
Impact 417-1 Project construction and decommissioning activities could intermittently and temporarily increase traffic congestion due to vehicle trips generated by construction workers and construction vehicles on area roadways
Potentially Significant
Mitigation Measure 417-1a MID Traffic Control Measures During construction and decommissioning of the sub-transmission and distribution lines and fiber optic cable MID shall implement the following traffic mitigation measures from the 2006 PEIR Update (2006 PEIR Update p 10-6)
1 MID will coordinate design and construction of program facilities with the agencies with jurisdiction including Caltrans counties cities special districts other utilities and the FAA as required
2 MID will obtain any necessary encroachment permits inspections or other approvals from agencies with jurisdiction
2A MID will obtain any necessary approvals and inspections from agencies with jurisdiction
2B MID shall coordinate the design and construction and shall obtain any necessary permits from the County City or State prior to placing any facilities within the public road rights-of-way of those agencies and shall conform to applicable conditions in the encroachment permit
3 MID will utilize all necessary precautions to minimize safety concerns when working within public road rights-of-way Traffic safety cones construction signage or other measures will be used to alert drivers to construction activities
4 Electrical facilities placed within public rights-of-way will comply with applicable standards for avoiding hazards to drivers pedestrians and bicyclists
Less than Significant
Mitigation Measure 417-1b Applicant Construction Traffic Management and Safety Plan Prior to the start of construction (and subsequently decommissioning) of the Project the Applicant shall prepare and implement a Traffic Management and Safety Plan that shall reduce or eliminate impacts associated with the Project The Plan shall adhere to Stanislaus County and Caltrans requirements and shall include at a minimum the following elements
a) Schedule Project-generated construction truck trips on SR 99 SR 108 and SR 219 outside the peak morning and evening commute hours to reduce potential traffic congestion and reduce potential for transit delays during the peak commute periods
107
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-17 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Transportation and Traffic (cont)
Impact 417-1 (cont) b) Comply with transportation permit requirements of Caltrans and CHP when scheduling Project-generated construction truck trips carrying oversized loads In addition provide pre-notification to local police fire and emergency service providers of the timing location and duration of construction activities that could affect the movement of emergency vehicles on area roadways
c) Place signs (eg ldquoSlow Trucksrdquo andor ldquoTrucks Turning Aheadrdquo) along appropriate roads to notify drivers of construction traffic throughout the duration of the construction period
Impact 417-2 The Project could conflict with established congestion management programs on affected roads or highways
Less than Significant
None required
Impact 417-3 Project construction and decommissioning activities could substantially increase traffic hazards due to construction in or adjacent to roads
Potentially Significant
Mitigation Measure 417-3 Implement Mitigation Measures 417-1a and 417-1b Less than Significant
Impact 417-4 The Project could result in inadequate emergency access
Potentially Significant
Mitigation Measure 417-4 Develop an Emergency Access Plan for the Site The Applicant shall develop and implement an Emergency Access Plan which shall include evacuation routes and strategies to ensure accessibility and mobility for project area and emergency vehicles Additional measures include developing an emergency action plan that identifies roles and responsibilities during emergencies and to update the plan regularly
Less than Significant
Utilities and Service Systems
Impact 418-1 The proposed Project would require or result in the construction of new stormwater drainage facilities the construction of which could cause significant environmental effects
Less than Significant
None required
108
109
110
REFERRED TO
YE
S
NO
WILL NOT
HAVE
SIGNIFICANT
IMPACT
MAY HAVE
SIGNIFICANT
IMPACT
NO COMMENT
NON CEQA YE
S
NO
YE
S
NO
AGRICULTURE COMMISSIONER X
AIRPORT LAND USE COMMISSION X
ALLIANCE X
BUILDING PERMITS DIVISION X X X
CALTRANS DISTRICT 10 X
CHIEF EXECUTIVE OFFICE X
CITY OF RIVERBANK X
COOPERATIVE EXTENSION X
CORPS OF ENGINEERS X
COUNTY COUNSEL X
ENVIRONMENTAL RESOURCES X X X
FIRE PROTECTION DIST STANISLAUS
CONSOLIDATED X X X
FISH amp GAME DEPT OF X
HAZARDOUS MATERIALS X
IRRIGATION DISTRICT MODESTO X X X
LAFCO X
MODESTO REGIONAL FIRE AUTHORITY FPB X
MOSQUITO DISTRICT EASTSIDE X
MT VALLEY EMERGENCY MEDICAL X
PACIFIC GAS amp ELECTRIC X
PUBLIC WORKS X X X
REGIONAL WATER QUALITY CONTROL X
SAN JOAQUIN VALLEY APCD X
SCHOOL DISTRICT 1 MODESTO X X X
SCHOOL DISTRICT 2 STANISLAUS X
SHERIFF X
StanCOG X
STANISLAUS COUNTY FARM BUREAU X
STANISLAUS ERC X
STATE CLEARINGHOUSE X
STATE LANDS COMMISSION X
SUPERVISORIAL DISTRICT 4 MONTEITH X
SURROUNDING LAND OWNERS
TELEPHONE COMPANY ATampT X
UNITED STATES MILITARY AGENCIES (SB 1462) (5 agencies) X
US FISH amp WILDLIFE X
X
X
SUMMARY OF RESPONSES FOR USE PERMIT REVIEW REFERRALS
RESPONDED RESPONSEMITIGATION
MEASURESCONDITIONS
PROJECT USE PERMIT APPLICATION NO 2011-10 - McHENRY SOLAR FARM
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
RESPONSIBLE
AGENCY REFERRAL
PUBLIC HEARING
NOTICE
X
X
X
X
X
X
X
X
X
111
Irrlaon BOARD RESOLUTION III DItrlctllt1ID Mobullbullslo
Wter ald hwir
ATTACHMENT A
BEFORE THE BOARD OF DIRECTORS
OF THE
MODESTO IRRIGATION DISTRICT
Re McHenry Solar Farm Project Findings of Fact
GENERAL INFORMATION AND DESCRIPTION OF PROJECT
Introduction Solar Star California VIII llC2 (Solar Star or Applicant) proposes to construct operate and ultimately
decommission a 25-megawatt alternating current (MWac) photovoltaic (PV) electricity generating facility and
associated infrastructure on an approximately 154-acre site in northern unincorporated Stanislaus County to be
known as the McHenry Solar Farm (Project) The Project would generate and deliver solar-generated power to
the MID sub-transmission and distribution system
As part of the Project the Modesto Irrigation District (MID) is proposing to construct own and operate a switching
station in a new switchyard to be located adjacent to the proposed on-site Project substation and a new overhead
69-kilovolt (kV) sub-transmission line and 12-kV distribution line The new sub-transmission and distribution lines
would interconnect the proposed solar facility to the existing MID electric system by connecting to an existing 69shy
kV sub-transmission line and 12-kV distribution line along McHenry Avenue Construction of the interconnection
for the proposed solar power plant would be preceded by MIDs discretionary action to approve the large
Generator Interconnection Agreement (lGIA) The lGIA would define all facilities necessary to safely and reliably
operate MIDs electric system with the Project
Major components of the proposed Solar Star facilities are
bull Solar field comprised of a combination of 1- and 15-MW power blocks
bull On-site substation
bull Operation and Maintenance (OampM) building
bull Other site improvements including access roads fencing lighting and landscaping
2 Solar Star California VIII LLC is a vvholly-owned subsidiary of the SunPower Corporation
DOCS_N271545_V4_BoardAgendaReportJor_The _Mchenry_Solar FarmProJect7_2611 Rev Dec 2010 79
f UID =~n BOARD RESOLUTION J~I District Waftrand PeoW8(
Major components of the proposed MID facilities are
bull 69-kV electrical switchyard on the Project site
bull Approximately 700-foot-long 69middotkV double-circuit overhead electric sub-transmission line and 12-kV distribution line
bull Approximately 75 miles of new overhead fiber optic cable to be installed on the poles of an existing distribution and 69-kV sub-transmission line system
bull A control building
Major project development milestones are (dates are approximate)
bull September 2011 start construction
bull March 2012 begin commercial operation
bull July 2012 project completion
The Project would operate yeaNound and would have the capacity to produce 25 MW of solar power The Project would generate electricity during daylight hours when electricity demand is at its peak and would provide for the annual electricity needs of approximately 6000 residences
Project Location The proposed site is located in northern unincorporated Stanislaus County between the City of
Riverbank and community of Del Rio along Patterson Road near the intersection with McHenry Avenue and consists of Assessors Parcel Numbers (APNs) 074-002-021 -029 -030 and -031 The residence and associated buildings located on a portion ofthese parcels are not part of the Project site
Purpose and Need for the Project The California Renewable Portfolio Standard legislation enacted in 2002 (Senate Bill 1078) and accelerated in
2006 requires retail sellers ofelectricity to obtain 20 percent of their supply of electricity from renewable energy sources such as solar by 2010 Then Governor Schwarzenegger also set a state-wide goal of achieving a 33 percent renewable energy share by 2020 to reduce the impact of greenhouse gases on the environment The 33 percent goal was enacted into law by current Governor Brown on April 12 2011 with his signing of Senate Bill 2X Power generated by the Project would be delivered directly to MID pursuant to the terms of a 25-year power purchase agreement
MID currently obtains approximately 27 percent ofits electrical supply from renewable energy sources
Twenty-six percent of that renewable energy comes from wind energy projects all of which are located outside of MIDs system and many of which are located in Oregons Columbia River Gorge MID
has a need to diversify its renewable energy portfolio by procuring power with more predictable
operating characteristics than wind power Unlike wind local solar power would provide peak
electricity generation that would coincide well with MIDs customer peak load (sunny hot summer
OOCSN271545 _ V4BoardAllendaReportFor _The_Mchenry _Solar Farm_Project]2611 Rev Dee 2010 80
rID BOARD RESOLUTION 1 Dlstrid Wltetllld Pcwtr
days) Local solar power would also avoid line losses associated with transmitting electricity over long distances from remote sources
The Applicant and MID are proposing the Project as an economically viable source of clean renewable electricity generation that helps meet Californias growing demand for power fulfills numerous state and national renewable energy policies and goals and provides important geographic and source diversity for MIDs energy portfolio
II BACKGROUND
Environmental Science Associates (ESA) acted as consultant to Solar Star for the purpose of preparing the appropriate environmental document (the Environmental Impact Report [EIR]) pursuant to the requirements of the California Environmental Quality Act (CEQA)
CH2M HILL acted as consultant to MID for the purpose of providing a third-party independent review of the EIR that was prepared for the project These Findings are prepared pursuant to CEQA
On December 6 2010 MID published and distributed a Notice of Preparation (NaP) to advise interested local regional and State agencies Native American tribal organizations and interested public that an EIR would be prepared for the proposed Project The Nap solicited both written and verbal comments on the EIRs scope during a 30-day comment period
A Draft Environmental Impact Report (DEIR) was prepared and distributed to interested parties and potentially affected agencies and organizations on May 18 2011 Public Notices for the DEIR and a public meeting was published in the Modesto Bee on June 9 and 152011 The public meeting took place June 16 2011 at MIDs downtown offices The review period for the DEIR ended on July 5 2011 Comments received on the DEIR prompted only minor changes to the text of the DEIR and resulted in no changes to the conclusions presented in the DEIR
The Final EIR was distributed on July 15 2011 The Board of Directors of MID considered the Final fiR for the McHenry Solar Farm Project at a noticed public hearing held on July 26 2011 At the hearing the Board of Directors of MID took the following actions
bull Certified the Final Environmental Impact Report for the McHenry Solar Farm Project as adequate and complete
bull Adopted the Mitigation Monitoring Plan and Findings of Fact for the Project
III RECORD OF PROCEEEDINGS
For the purpose of compliance with CEQA and its requirements for Findings the record of proceedings for the project is comprised as follows
1 The Initial Study prepared for the project
2 The Notice of Preparation and all other public notices issued by MID in conjunction with the project
3 All responses to the EIR Notice of Preparation
DOCS_N271545_V4_Boad_Agenda_ReportJor_The_Mdnry _Sol _Farm_Poject_7_26_11 Rev Dec 2010 81
BOARD RESOLUTION
4 All public meeting notes and presentations
5 The DEIR including all technical appendices
6 All comments submitted by agencies or members of the public during the public comment period on the Draft EIR and responses to those comments
7 The Final EIR prepared for the project
8 The Mitigation Monitoring Plan developed for the project
9 Written documentation and maps All staff reports memoranda maps letters meeting minutes or other documents that were prepared for or reviewed by the Board of Directors for MID
10 All testimonYdocuments and other evidence presented by MID relating to the project
11 All documents submitted to MID by agencies or members of the public in connection with the project
12 Minutes of all public meetings held by MID in connection with ~he project
13 Matters of common knowledge to the Board of Directors of MID including but not limited to
a) Stanislaus County General Plan and Zoning Code
All items listed above are in the custody of Modesto Irrigation District 1231 Eleventh Street Modesto CA 95354
IV FINDINGS REQUIRED UNDER CEQA
To the extent that a project is subject to CEQA a public agency may not approve the project as proposed if feasible mitigation measures or feasible alternatives are available that would substantially lessen the projects significant environmental effects (Pub Resources Code sect21002) Based on Section 21002 both the California Resources Agency and the States courts have recognized that in approving projects with significant environmental effects public agencies have an obligation to modify the project to the extent feasible to substantially lessen or avoid such effects (CEQA Guidelines sect 15002 subd (a)3) 15021 subd (a)2) Sierra Club v Gilroy City Council (1990) 22 CalApp3d 30 41 [271 Cal Rptr393])
Public Resources Code Section 210611 defines feasible to mean capable of being accomplished in a successful manner within a reasonable period oftime taking into account economic enVironmental social and technological factors CEQA Guidelines Section 15364 adds another factor legal considerations See also Citizens of Goleta Valley v Board of Supervisors (Goleta 11) (1990) 52 Cal3d 553565 [276 CalRptr 410]) An agency may reject mitigation measures or environmentally superior alternatives as being infeasible if they frustrate the objectives of a proposed project (See City of Del Mar v City of San Diego (1982) 133 CalApp3d 410416-417 [183 CalRptr 898 Seguovah Hills Homeowners Association v City of Oakland (1993) 23 CalAppAth 704 715 [29 Cal Rptr2d 182])
DOCS_N271545_V4_Board_Agenda_ReportJor_The_Mchenry_SolarJarm]roject_7_26_11 Rev Dec 2010 82
Moto Irrigation BOARD RESOLUTION~lt1ID II District
WattralUtPOWott
The obligation to substantially lessen or avoid significant effects where feasible is implemented in part through the adoption of CEQA findings as mandated by Public Resources Code sect21081 The parallel section in the CEQA Guidelines is sect15091 which provides that before an agency can approve a project for which an EIR has identified significant environmental effects the agency must first adopt one or more findings for each [such] significant effect For each effect the agencys findings must reach one or more of three permissible conclusions
The first possible finding IS that changes or alterations have been required in or incorporated into the project which avoid or substantially lessen the significant environmental effect as identified in the final ErR (CEQA Guidelines sect15091 subd (a)(1))
The second permissible finding is that (s)uch changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding Such changes have been adopted by such other agency or can and should be adopted by such other agency (CEQA Guidelines sect15091 subd (a)(2))
As to the third permissible conclusion CEQA Guidelines sect15091 no longer exactly tracks the statutory language ofPublic Resources Code sect21081 subdivision (a)(3) which was amended in 1993 and again in 1994 The amended statute provides that the third permissible conclusion is that (s)pecific economic legal social technological or other considerations including provision of employment opportunities for highly trained workers make infeasible the mitigation measures or project alternatives identified in the ErR (Pub Resources Code sect21081 subd (a)(3) see also CEQA Guidelines sect15091 subd (a)(3))
The CEQA Guidelines do not define the difference between avoiding a significant environmental effect and merely substantially lessening such an effect MID must therefore glean the meaning of these terms from the other contexts in which the terms are used Public Resources Code section 21081 on which CEQA Guidelines section 15091 is based uses the term mitigate rather that substantially lessen Such an understanding ofthe statutory term is consistent with Public Resources Code sect21002 which as noted earlier uses the terms substantially lessen and avoid but does not use the word mitigate
For purposes of these findings the term avoid refers to the effectiveness of one or more mitigation measure to reduce an otherwise significant effect to a less than significant level In contrast the term substantially lessen refers to the effectiveness of such a measure or measure to substantially reduce the severity of a significant effect but not to reduce that effect to a less than significant level
Although CEQA Guidelines Section 15091 requires only that approving agencies specify that a particular significant effect is avoid[ed] or substantially lessen[edJ these findings for purposes of clarity in each case will specify whether the effect in question has been avoided (Ie reduced to a less than significant levels) or has simply been substantially lessened but remains significant
In seeking to effectuate the substantive policy of CEQA to substantially lessen or avoid significant environmental effects to the extent feaSible an agency in adopting findings need not necessarily address the feasibility of both mitigation measures and environmentally superior alternatives when contemplating approval of a proposed project with significant impacts Where a significant impact can
DOCS_N271545_V4_Boaro_Agenda_ReportJor _The_Mchenry _Solar_Farl11_ProjecC7_26_11 Rev Dec 2010 83
BOARD RESOLUTION
be mitigated to an acceptable level solely by the adoption of a feasible mitigation measure or measures the agency in drafting its findings has no obligation even to consider the feasibility of any environmentally superior alternative that could also substantially lessen or avoid that same impactshyeven ifthe alternative would render the impact less severe than would the proposed project as mitigated (laurel Hills Homeowners Associated v City Council (1978) 83 Ca1App3d515 521 [147 CalRptr 842] see also Kings County Farm Bureau v City of Hanford (1990) 221 CalApp3d 692 730shy731 [270 CalRptr 650] and laurel Heights Improvement Associated v Regents ofthe University of California (Laurel Heights I) (1988)47 Cal 3d 376 400-403 [253 CalRptr 426])
In these findings MID first addresses the extent to which each significant environmental effect can be substantially lessened or avoided through the adoption of feasible mitigation measures MID also addresses the extent to which alternatives described in the EIR are (i) environmentally superior and (ii) feasible within the meaning of CEQA
In cases in which a projects significant effects cannot be mitigated or avoided an agency after adopting proper findings may nevertheless approve the project if it first adopts a statement of overriding considerations setting forth the specific reasons why the agency found that the benefits of the project outweigh the significant effects on the environment (Pub Resources Code sect21081 subd (b) see also CEQA Guidelines sectsect15093 15043 subd (b)) In this case all impacts have been mitigated sufficiently so that a statement of overriding considerations is not needed
The California Supreme Court has stated that (t)he wisdom of approvingany development project a delicate task which requires a balancing of interests is necessarily left to the sound discretion of the local officials and their constituents who are responsible for such decisions The law as we interpret and apply it simply requires that those decisions be informed and therefore balanced (Goleta II supra 52 Cal 3d at 576 [276 CalRptr 410])
V LEGAL EFFECT OF FINDINGS
To the extent that these Findings conclude that proposed mitigation measures outlined in the Draft and Final EIR are feasible and have not been modified superseded or withdrawn MID hereby binds the Applicant and any other responsible parties to implement those measures
These Findings in other words are not merely informational or hortatory but constitute a binding set of obligations that will come into effect when MID adopts the resolution(s) andor ordinance(s) approving the Project (Pub Resources Code sect210816 subd (b)) In addition the adopted mitigation measures are conditions of approval
VI MITIGATION MONITORING PLAN
As required by Public Resources Code sect210816 subd (a)(I) MID in adopting these Findings also adopts a Mitigation Monitoring Plan (MMP) The MMP is designed to ensure that during Project implementation MID and any other responsible parties comply with the feasible mitigation measures identified below The plan is described in the document entitled Mitigation Monitoring Plan (which is included in Chapter 10 of the Draft EIR)
DOCS_N271S45_V4_Board_Agenda_ReportJor _The_Mchenry _Solar_Farm_ProJecC7 _26_11 Rev )ec2010 84
Jf ID =11 BOARD RESOLUTION~ -hf Dlstrld Wattrand Power
The MMP that the Board of Directors for MID will adopt with these Findings of Fact contains the Draft EIR verbatim mitigation measures (the mitigation measures were not changed in the Final EIR) The mitigation measures in the MMP are referenced to the mitigation measures contained herein in Section VII
VII SIGNIFICANT ADVERSE IMPACTS AND MITIGATION MEASURES
For all of the environmental resources that were evaluated in the EIR there were some impacts that were considered less Than Significant and other impacts within the same environmental resource were considered either Potentially Significant No impacts were deemed Significant These Findings do not address resource issues that were determined to have No Impact Resources for which No Impacts were determined include land Use and Planning Mineral Resources Population and Housing Public Services and Recreation
Less-than-Significant Impacts These Findings do not address impacts that are considered less than significant prior to mitigation The lessshythan-significant impacts are not addressed in these Findings Impacts were found to be less than significant for Agriculture and Forest Resources Energy Conservation Geology and Soils Hydrology and Water Quality Noise and Utilities and Service Systems
However due to the number of comments at the public meeting and subsequently in written comments during the public comment period about the use of agricultural land for the proposed solar farm the Board is adopting the following finding concerning the conclusion of the EIR and the independent conclusion of the Board that the project will not cause a significant environmental effect in the form of converting agricultural land Based upon substantial evidence and expert opinion of the independent EIR consultant the EIR concluded that the potential conversion of agricultural land to non-agricultural uses was not a significant effect caused by the Project In reaching this conclusion the EIR emphasized multiple facts policies and evidence The use is a temporary use allowed by a lease between the proponent and the land owner At the conclusion of the leasehold estate the proponent has a contractual obligation to restore the land to the condition present before the lease executed This includes dismantling and removing all equipment excavating and removing all underground wires and cables removing all posts and roads breaking up and removing all cement pads and foundations removing all septic tanks and leach fields and regarding the real property to facilitate continued farming operations (Decommissioning activities)
The County has the power to and may include a condition requiring the proponent complete the decommissioning actiVity Communications with Stanislaus County indicate that a formal agreement should be developed that will keep the subject property in some level of agricultural production (albeit grazing) during the project life and return it to a state suitable to agricultural production at the conclusion of the project
In addition CEQA Guideline Appendix G indicates that if a project causes a significant environmental effect if it converts prime or unique farmland or if it converts farmland of Statewide Importance The Board independently reviewed the analysis of the term convert found at page 32-3 of the Final EIR and independently concludes based upon this analysis that since the land will be restored to the agricultural condition prior to executing the lease that the project does not amount to a permanent or irreversible conversion of agricultural land Therefore the Board finds that the Project does not cause a significant environmental effect in the form of converting agricultural land
DOCS_N271S4S_V4_Board_Agenda_Report_ForJhe_MchenFl_Solar]arm_ProJecC7_l6_11 Rev De 1010 85
BOARD RESOLUTIO N
Furthermore Stanislaus County with significant expertise in the area of preserving and protecting agricultural land has previous addressed this issue and determined that a temporary use of farmland for a solar farm is a less than significant environmental effect under CEQA
Significant Impacts for Which Mitigation Measures are Provided The EIR also identified several impacts that are considered to be Potentially Significant The impacts in this category are Aesthetics Visual Quality and Light and Glare Air Quality Biological Resources Cultural and Paleontological Resources Greenhouse Gas Emissions Hazards and Hazardous Materials and Transportation and Traffic These impacts will be fully avoided through the adoption of feasible mitigation measures No significant unavoidable environmental impacts are expected from either construction or operation ofthe project
Each of these impacts can be reduced to lessmiddotthan-significant levels andor avoided with the implementation of mitigation measures They are considered below
Aesthetics Visual Quality and Light and Glare
Impact 41-2
Impact 41-2 The Project would create a new source of light or glare which could adversely affect daytime ornighttime views in the area (DEIR page ES-8)
Mitigation Measures
Mitigation Measure 41-2 Nighttime Construction Lighting Nighttime construction lighting if required shall be shielded and oriented downward to minimize effects on any nearby receptors Lighting shall be directed toward active construction areas only and shall have the minimum brightness necessary to ensure worker safety
Finding
The Board finds based on substantial evidence presented in the record of prolteedings that implementation of this measure will reduce the potentially significant impact on aesthetics visual quality and light and glare
Air Quality
Impact 43-1
Impact 43-1 Construction and decommissioning activities would generate emissions of criteria pollutants including suspended and inhalable particulate matter and equipment exhaust emissions (DEIR page ES-8 and ES-9)
OOCSN271545 V4BoordAge ndaReportfor _ TheMchenry Solo r Fa rmproject_7 _2611 Rev Oec 2010 86
~)1IDMOto Irlgation BOARD RESOLUTION
It e DItrld water and POwtr-
Mitigation Measure
Mitigation Measure 43-1 Implement Dust Control Measures The Applicant shall submit a Dust Control Plan to the APCO for approval prior to start of construction (and subsequently decommissioning) activities The Plan shall cover both Applicant and MID activities and shall require implementation of the following dust control measures
bull All disturbed areas including storage piles that are not being actively used for construction purposes shall be effectively stabilized of dust emissions using water chemical stabilizersuppressant covered with a tarp or other suitable cover or vegetative ground cover
bull All on-site unpaved roads and off-site unpaved access roads shall be effectively stabilized of dust emissions using water or chemical stabilizersuppressant
bull All land clearing grubbing scraping excavation land leveling grading cut and fill and demolition activities shall be effectively controlled of fugitive dust emissions using application of water or by presoaking
bull When materials are transported off-site all material shall be covered or effectively wetted to limit visible dust emissions and at least six inches of freeboard space from the top of the container shall be maintained
bull Limit or expeditiously remove trackout (Le accumulation of mud or dirt from Projectshyrelated vehicle tires) from adjacent public streets near the Project access points Trackout shall be immediately removed from public streets when it extends 50 or more feet from the Project access points otherwise trackout shall be removed at the end of each workday (The use of dry rotary brushes is expressly prohibited except where preceded or accompanied by sufficient wetting to limit the visible dust emissions)(Use of blower devices is expressly forbidden)
bull Following the addition of materials to or removal of materials from the surface of outdoor storage piles said piles shall be effectively stabilized of fugitive dust emissions using sufficient water or chemical stabilizersuppressant
bull limit traffic speed on unpaved on-site roads to 15 mph
bull Install sandbags or other erosion control measures to prevent silt runoff to public roadways from sites with a slope greater than one percent
bull Install windbreaks at windward side(s) of construction areas
bull Suspend excavation and grading activity when winds exceed 20 mph
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation of these measures will reduce the potentially significant impact on air quality
DOCS_N27154S_V4_Boardfgenda_RoportJor The_MchenVSolar Farm_Projece726_11 Rev Dec 2010 87
Modosto Irrlatlon BOARD RESOLUTION District~lt1ID
Wattrld ~owt
Impact 43-4
Impact 43-4 Construction and decommissioning emissions associated with the Project could result in emissions of ozone precursors and particulate matter that would be cumulatively considerable (OEIR page ES-9)
Mitigation Measure
Mitigation Measure 43-4 Implement Mitigation Measure 43-1
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation of this measure will reduce the potentially significant impact on air quality
Impact 43-6
Impact 43-6 The Project would generate emissions of criteria pollutants potentially exposing sensitive receptors to harmful pollutant concentrations (OEIR page ES-9)
Mitigation Measure
Mitigation Measure 43-6 Implement Mitigation Measure 43-1
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation ofthis measure will reduce the potentially significant impact on air quality
Biological Resources
Impact 44-1
Impact 44-1 Applicant Project activities could result in potential disturbance or loss of Swainsons hawk and their habitat (OEIR page ES-10)
Mitigation Measure
Mitigation Measure 44-1a Preconstruction Surveys for Swainsons Hawk If Project-related construction or decommissioning activities are planned to occur during the nesting period (March 1 to September 15) the Applicant shall engage a qualified biologist to conduct preconstruction surveys for Swainsons hawk and their nests no more than 14 days before the start of construction or decommissioning activities within 025 mile ofthe Project site where access is available Survey results shall be submitted to CDFG at least three days prior to the start of construction or decommissioning activities If active nests are not identified no further action is required and constructiondecommissioning may proceed If active nests are identified the Applicant shall consult with CDFG to develop and implement suitable avoidance measures consistent with the Staff Report Regarding Mitigation for Impacts to Swainsons
DOCS_N271545_V4_Boa rd_Agenda_Repor1_For_ The_Mchenry _Solar_Farm_Project_7 _26_11 Rev Dec 2010 88
f ID= BOARD RESOLUTION hlY1 IIArlel Walfr and POWir
Hawks in the Central Valley of California (CDFG 1994) To avoid impacting breeding efforts no construction or decommissioning activities shall occur between March land September 15 within 500 feet of an active nest that could cause nest abandonment or forced fledging These buffers may be reduced in consultation with CDFG Depending on conditions specific to each active nest and the relative location and rate of construction or decommissioning activities it may be feasible for such activities to occur as planned within the buffer without impacting the breeding effort In this case (to be determined in consultation with CDFG) the nest(s) shall be monitored by a qualified biologist during construction or decommissioning within the buffer The monitor shall have ltstop work authority If in the professional opinion of the monitor Project activities are negatively affecting the nesting behavior of the bird the monitor shall stop all such activities within the designated buffer Construction or decommissioning activities shall not resume until either the monitor has determined that the young have fledged the nest or as otherwise approved by CDFG With CDFG concurrence construction activities that are initiated outside the nesting season may continue even if raptors choose to nest within 500 feet of work activities Thus work may continue without delay if surveys verify the local absence of nesting raptors or if construction begins outside the nesting period (September 16 to February 28)
Mitigation Measure 44-1b Reduce Construction Noise Levels If it appears that noise or vibration from vibratory post driving associated with Project construction (or other similar noise-generating construction or decommissioning activity) could affect nesting Swainsons hawks that arrive after the start of construction specific measures including but not limited to use of noise dissipaters shall be implemented to reduce noise levels During post driving a noise level of no greater than 85 decibels (measured at the nest) shall be used as general guidance for nests that are established after construction
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation of this measure will reduce the potentially significant impact on biological resources
Impact 44-2
Impact 44-2 MID activities could result in potential disturbance or loss of Swainsons hawk and their habitat (DEIR page ES-10)
Mitigation Measure
Mitigation Measure 44-2 Avian-safe Transmission Line MID Transmission poles should be designed using criteria identified in Avian Power line Interaction Committee (APUC 2006)
OOCS_N271545_V4_Boad_AIlenda_Report]o_ The_Mchenrv_Sola_Farm_Poject_c26_11 Rev Dec 2010 89
Mdes Irrlgbullbulllen BOARD RESOLUTION
DItrid- ~lt1IDwater and Powtr
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation of this measure will reduce the potentially significant impact on biological resources
Impact 44-3 Impact 44-3 Project activities could impact other tree-nesting raptors andor protected nesting migratory birds (DEIR page ES-ll)
Mitigation Measure
Mitigation Measure 44-3 Preconstruction Raptor Surveys (Applicant) If Project-related construction andor decommissioning activities are to occur during the breeding period for nesting raptors andor protected nesting migratory birds (February 1 through August 31) the Applicant shall engage a qualified biologist to conduct preconstruction surveys of all potential habitat within 500 feet of the Project site no more than 14 days prior to the start of construction or decommissioning activities If active nests are not identified no further action is necessary If active nests are identified during preconstruction surveys a no-disturbance buffer shall be created around active raptor nests and nests of other special-status birds during the breeding season or until it is determined by the qualified biologist that all young have fledged Typical buffers are 500 feet for raptors and 250 feet for other nesting birds (eg waterfowl and passerine birds) The size of these buffer zones and types of construction or decommissioning activities allowed in these areas could be further modified in coordination with CDFG and shall be based on existing noise and disturbance levels in the Project area
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implernentation ofthis measure will reduce the potentially significant impact on biological resources
Impact 44-4
Impact 44-4 Project activities could result in potential disturbance or loss of burrowing owls and their habitat (DEIS page ES-ll)
Mitigation Measure
Mitigation Measure 44-4a Preconstruction Burrowing Owl Surveys (Applicant) The Applicant shall engage a qualified biologist to conduct preconstruction surveys for burrowing owls 14 to 30 days prior to the start of construction or decommissioning using the most current CDFG protocol Surveys shall cover grassland areas within a SOO-foot buffer from all Project constructiondecommissioning activities that are within suitable grasslands habitat including checking for adult and juvenile burrowing owls and owl nests If owls are detected during
DOCSN271545V4BoardAgendaReportForTheMchenrvSolarJarmProject72611 Rev Dec 2010 90
WID n BOARD RESOLUTION L bl Dltrld WIIIT Irld Ptlwtt
surveys occupied burrows shall not be disturbed Constructiondecommissioning exclusion areas (eg orange exclusion fence or signage) shall be established around the occupied burrows where no disturbance shall be allowed During the nonbreeding season (September 1 through January 31) the exclusion zone shall extend 160 feet around occupied burrows During the breeding season (February 1 through August 31) exclusion areas shall extend 250 feet around occupied burrows If the above requirements cannot be met passive relocation of onshysite owls may be implemented as an alternative but only during the nonbreeding season and only with prior CDFG approval Passive relocation shall be accomplished by installing one-way doors on the entrances of burrows located within 160 feet ofthe Project area The one-way doors shall be left in place for 48 hours to ensure the owls have left the burrow The burrows shall then be excavated with a qualified biologist present Constructiondecommissioning shall not proceed until the Project area is deemed free of owls by the qualified biologist
Mitigation Measure 44-4b Preconstruction Burrowing Owl Surveys (MID) Prior to construction MID shall conduct pre-construction surveys for burrowing owl for the subtransmissiondistribution line and fiber optic cable alignment These surveys shall be conducted using the most up-to-date CDFG published protocols (eg CDFGs 1995 Staff Report on Burrowing Owl Mitigation) If owls are detected during surveys occupied burrows shall not be disturbed
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation ofthis measure will reduce the potentially significant impact on biological resources
Cultural and Paleontological Resources
Impact 45-1
Impact 45-1 The proposed Project could potentially cause an adverse change in the significance of a unique archaeological resource pursuant to sect150645 (DEIR page ES-12)
Mitigation Measure
Mitigation Measure 45-1 If Cultural Resources are Discovered During Ground-Disturbing Activities Suspend Work until Resource is Evaluated Prior to the initiation of site preparation or start of construction (and subsequently decommissioning) the Applicant shall retain a qualified professional archaeologist to complete an archaeological resources training program for construction workers involved in grading and excavation activities Training shall include
awareness and recognition of archaeological materials and the procedures to follow if
construction crews encounter such materials in the course of earthwork excavation or grading If archaeological resources are encountered all activity within 50 feet of the find shall
cease until it can be evaluated by a qualified archaeologist Prehistoric archaeological materials
DOCS_N27154S_V4_Board_Asenda_Report_For_ The_Mchenry _Sol _fam]roject_7_26_11 Rev Dec 2010 91
Motlesto Irrlatlo~lt1ID BOARD RESOLUTIO N
II DIlrld VialfrantJ PCMl
could include obsidian and chert f1aked~stone tools (eg projectile points knives scrapers) or toolmaking debris culturally darkened soil (ilmidden) containing heat~affected rocks artifacts
or shellfish remains and stone milling equipment (eg mortars pestles handstones or milling slabs) and battered stone tools such as hammerstones and pitted stones Historic~period materials could include stone concrete or adobe footings and walls filled wells or privies and
deposits of metal glass andor ceramic refuse The archaeologist shall notify the Applicant and MID if the resource may be significant An appropriate treatment plan for the resources shall then be developed by the Applicant for approval by MID The archaeologist shall consult with Native American representatives in determining appropriate treatment for prehistoric or Native American cultural resources if discovered In considering any suggested mitigation proposed by the archaeologist the Applicant and MID shall determinewhether avoidance is feasible in light of factors such as the nature of the find project design costs and other considerations If avoidance is not feasible other appropriate measures (eg data recovery) shall be instituted Work may proceed in other parts of the Project site while mitigation for cultural resources in other areas of the site is being carried out
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation ofthis measure will reduce the potentially significant impact on unique archaeological resources
Impact 45-2
Impact 45-2 The proposed Project could potentially destroy a unique paleontological resource or site or unique geologic feature (DEIR page ES-12)
Mitigation Measure
Mitigation Measure 45-2 If Paleontological Resources are Discovered During Ground-Disturbing Activities Suspend Work until Resource is Evaluated Prior to the initiation of site preparation or start of construction (and subsequently decommissioning) the Applicant shall retain a qualified profeSSional paleontologist or a California Registered Professional Geologist (California RPG) with appropriate paleontological expertise as defined by the Society of Vertebrate Paleontologys Conformable Impact Mitigation Guidelines Committee (SVP 1995 Guidelines) to carry out a paleontological resources training program for construction workers involved in grading and excavation activities Training shall include awareness and recognition of potential fossil materials and the procedures to follow if construction crews encounter fossil materials in the course of earthwork excavation or grading If construction crews discover potential fossils all earthwork or other types of ground disturbance within 50 feet of the find shall stop immediately until the qualified professional paleontologist can assess the nature and importance of the find Based on the scientific value or uniqueness of the find the monitor may record the find and allow work to continue or recommend salvage and recovery of the fossil The Applicant shall require the paleontologist to be on-call throughout the duration of ground-disturbing activities
DOCS_N27154S_ V4_Boa rd_Agenda_Report]or_The_Mchenry _Solar ]a_ProjecC7_26_11 Rev Dec 2010 92
ID= BOARD RESOLUTION I 11 DlstrldwIltIdPowt
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation of this measure will reduce the potentially significant impact on paleontological resources
Impact 45-3
Impact 45-3 The proposed Project could potentially disturb any human remains including those interred outside of formal cemeteries (DEIR page ESmiddot13)
Mitigation Measure
Mitigation Measure 45-3 Halt Work if Human Skeletal Remains are Identified During Construction If human skeletal remains are uncovered during Project construction (and subsequently decommissioning) work shall immediately halt within 100 feet of the find The Applicant shall contact the Stanislaus County Coroner to evaluate the remains and shall follow the procedures and protocols set forth in sect150645(e(1) of the CEQA Guidelines If the County Coroner determines that the remains are Native American the Applicant shall contact the Native American Heritage Commission in accordance with Health and Safety Code Section 70505 subdivision (c) and Public Resources Code 509798 (as amended by AB 2641) The Native American Heritage Commission will designate a Most Likely Descendent of the deceased Native American who will provide recommendations as to the future disposition ofthe remains
Finding
The Board finds based on substantjal evidence presented in the record of proceedings that implementation of this measure will reduce the potentially Significant impact on human remains
Greenhouse Gas Emissions
Impact 48-2
Impact 48-2 The Project could conflict with the California Air Resources Boards Climate Change Scoping Plan (DEIR page ES-14)
Mitigation Measure
Mitigation Measure 48-2 Low SF6 Leak Rate Circuit Breaker and Monitoring The applicant shall ensure that the circuit breaker installed at the proposed new substation has a guaranteed SF6 annual leak rate of no more than 05 percent by volume The Applicant shall provide MID with documentation of compliance such as specification sheets prior to installation of the circuit breaker In addition the Applicant shall monitor the SF6middotcontaining circuit breaker at the substation consistent with Scoping Plan Measure H-6 for the detection and repair of leaks
OOCSN271545V4BoarltljgendaReportJo rTheMchenry_SolarJarm_Project72611 Rev Dec 2010 93
~MID
Mst Irrl_60 BOARD RESOLUTION
II District Weltr _rut Pampftl
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation ohhis measure will reduce the potentially significant impact on greenhouse gas emissions
Hazards and Hazardous Materials
Impact 49-2
Impact 49-2 The Project could result in an accidental spill or leak during construction or decommissioning that could release hazardous materials into the environment (DEIR page ESshy14)
Mitigation Measure
Mitigation Measure 49-2 Accidental Spill Prevention and Response Plan The Applicant shall prepare an Accidental Spill Prevention and Response Plan for construction and decommissioning activities for review and approval by Modesto Irrigation District The plan shall identify measures to prevent accidental spills from leaving the site and methods for responding to and cleaning up spills to limit the amount of materials released into the environment Such measures shall include but not be limited to ensuring that absorbent material tarps storage drums and other emergency spill supplies and equipment are kept at the Project site at all times
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation of this measure will reduce the potentially significant impact on hazardous materials
Transportation and Traffic
Impact 417-1
Impact 417-1 Project construction and decommissioning activities could intermittently and temporarily increase traffic congestion due to vehicle trips generated by construction workers and construction vehicles on area roadways (DEIR page ES-16)
Mitigation Measure
Mitigation Measure 417-1a MID Traffic Control Measures During construction and decommissioning of the sub-transmission and distribution lines and fiber optic cable MID shall implement the following traffic mitigation measures from the 2006 PEIR Update (2006 PEIR Update p 10-6)
DOCSN271545V4BoadAgendaRepoCForTheMhenrvSolaFarmProJeet72611 Rev Dolt 2010 94
cIbullbulltomiddot Irrlgatlon BOARD RESOLUTION e DistrIct~lt1ID
Wntr and POwtf
1 MID will coordinate design and construction of program facilities with the agencies with jurisdiction including Caltrans counties cities special districts other utilities and the FAA as required
2 MID will obtain any necessary encroachment permits inspections or other approvals from agencies with jurisdiction
2A MID will obtain any necessary approvals and inspections from agencies with jurisdiction
2B MID shall coordinate the design and construction and shall obtain any necessary permits from the County City or State prior to placing any facilities within the public road rights-of-way of those agencies and shall conform to applicable conditions in the encroachment permit
3 MID will utilize all necessary precautions to minimize safety concerns when working within public road rights-of-way Traffic safety cones construction signage or other measures will be used to alert drivers to construction activities
4 Electrical facilities placed within public rights-of-way will comply with applicable standards for avoiding hazards to drivers pedestrians and bicyclists
Mitigation Measure 417-1bApplicant Construction Traffic Management and Safety Plan Prior to the start of construction (and subsequently decommissioning) of the Project the Applicant shall prepare and implement a Traffic Management and Safety Plan that shall reduce or eliminate impacts associated with the Project The Plan shall adhere to Stanislaus County and Caltrans requirements and shall include at a minimum the following elements
a) Schedule Project-generated construction truck trips on SR 99 SR 108 and SR 219 outside the peak morning and evening commute hours to reduce potential traffic congestion and reduce potentia I for transit delays during the p traffic congestion and reduce potential for transit delays during the peak commute periods
b) Comply with transportation permit requirements of Caltrans and CHP when scheduling Project-generated construction truck trips carrying oversized loads In addition provide preshynotification to local police fire and emergency service providers of the timing location and duration of construction activities that could affect the movement of emergency vehicles on area roadways
c) Place signs (eg Slow Trucks andor Trucks Turning Ahead) along appropriate roads to notify drivers of construction traffic throughout the duration of the constructionperiodeak commute periods
DOCSN271545V4Boord_AgendaReportJorThe_MchenrySolaFa rmProject72611 Rev Dec 2010 95
IDn BOARD RESOLUTION~ -bl Dstrld Water lila POwtr
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation ofthis measure will reduce the potentially significant impact on traffic and transportation
Impact 417-3
Impact 417-3 Project construction and decommissioning activities could substantially increase traffic hazards due to construction in or adjacent to roads (DEIR page ES-17)
Mitigation Measure
Mitigation Measure 417-3 Implement Mitigation Measures 417-1a and 417-1b
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation of this measure will reduce the potentially significant impact on traffic and transportation
Impact 417-4
Impact 417-4 The Project could result in inadequate emergency access (DEIR page ES-17)
Mitigation Measure
Mitigation Measure 417-4 Develop an Emergency Access Plan for the Site The Applicant shall develop and implement an Emergency Access Plan which shall include evacuation routes and strategies to ensure accessibility and mobility for project area and emergency vehicles AdditionaI measures include developing an emergency action plan that identifies roles and responsibilities during emergencies and to update the plan regularly
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation of this measure will reduce the potentially significant impact on emergency access
VIII PROJECT ALTERNATIVES
The McHenry Solar Farm Project EIR is a project-specific ErR that evaluated a more than a dozen alternative locations to the proposed site three alternative sub-transmission line interconnection points for the proposed site three alternative solar technologies concentrated solar parabolic trough concentrated solar power tower and thin-film PV and two alternative approaches to the proposed generation of solar energy conservation and demand side management and distributed generation solar Table 1 lists the alternatives that were considered as well as which ones passed and the others that failed the screening analysis that was performed In addition the No Project Alternative was conSidered
DOCSN271545 V4BoardAgend bullbullReporCFor TheMchenry SolarFarmProJect72611 Rev Dec 2010
bull
96
~IDn BOARD RESOLUTION bJlTI District Waterlnd Power
The Final EIR presented the analysis for rejecting the alternative sites The Board independently evaluated this analysis and concurs in the analysis and conclusions presented The answering of the key question (See CEQA Guidelines Section 151266f)(2)A)) the Board finds that the Project does not cause any significant
environmental effect that is not reduced to less than significant with mitigation measures Never the lessl the EIR opted to address alternative sites
Various public comments offered generalized comments on alternatives sites No substantial evidence was presented regarding the feasibility of such sites or the reasonable ability of the Applicant to acquire the sitesl
and substantial evidence was not presented that these alternative sites would lessen all ofthe Projects significant effects to less than significant
DOCS_N271545_V4_Board_Ai n_ReporCFor _The_Mchenry _SolacFarm_Project_7 _26_11 Rev Dec 2010 97
COPIES OF THE DRAFT AND FINAL ENVIRONMENTALIMPACT REPORT AND ARE AVAILABLE FOR REVIEW ATTHE COUNTY PLANNING DEPARTMENT OFFICE OR VIATHE INTERNET AThttpwwwstancountycomplanningplagenda-min-2011shtm HARD COPIES OF ALL EIR DOCUMENTS REFERENCED INTHIS REPORT HAVE BEEN PROVIDED TO EACH MEMBEROF THE PLANNING COMMISSION
98
Executive Summary
McHenry Solar Project ES-8 May 2011 Draft Environmental Impact Report
TABLE ES-1 SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Aesthetics Visual Quality and Light and Glare
Impact 41-1 The Project could degrade the existing visual character or quality of the site and its surroundings
Less than Significant
None required
Impact 41-2 The Project would create a new source of light or glare which could adversely affect daytime or nighttime views in the area
Potentially Significant
Mitigation Measure 41-2 Nighttime Construction Lighting Nighttime construction lighting if required shall be shielded and oriented downward to minimize effects on any nearby receptors Lighting shall be directed toward active construction areas only and shall have the minimum brightness necessary to ensure worker safety
Less than Significant
Agriculture and Forest Resources
Impact 42-1 The Project would temporarily discontinue the current exclusive agricultural use (row crops) of Prime Farmland to a mix of agricultural use (grazing) and non-agricultural use
Less than Significant
None required
Air Quality
Impact 43-1 Construction and decommissioning activities would generate emissions of criteria pollutants including suspended and inhalable particulate matter and equipment exhaust emissions
Potentially Significant
Mitigation Measure 43-1 Implement Dust Control Measures The Applicant shall submit a Dust Control Plan to the APCO for approval prior to start of construction (and subsequently decommissioning) activities The Plan shall cover both Applicant and MID activities and shall require implementation of the following dust control measures
All disturbed areas including storage piles that are not being actively used for construction purposes shall be effectively stabilized of dust emissions using water chemical stabilizersuppressant covered with a tarp or other suitable cover or vegetative ground cover
All on-site unpaved roads and off-site unpaved access roads shall be effectively stabilized of dust emissions using water or chemical stabilizersuppressant
All land clearing grubbing scraping excavation land leveling grading cut and fill and demolition activities shall be effectively controlled of fugitive dust emissions using application of water or by presoaking
When materials are transported off-site all material shall be covered or effectively wetted to limit visible dust emissions and at least six inches of freeboard space from the top of the container shall be maintained
Limit or expeditiously remove trackout (ie accumulation of mud or dirt from Project-related vehicle tires) from adjacent public streets near the Project access points Trackout shall be immediately removed from public streets when it extends 50 or more feet from the Project access points otherwise trackout shall be removed at the end of each workday (The use of dry rotary brushes is expressly prohibited except where preceded or accompanied by sufficient wetting to limit the visible dust emissions)(Use of blower devices is expressly forbidden)
Less than Significant
99
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-9 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Air Quality (cont)
Impact 43-1 (cont) Following the addition of materials to or removal of materials from the surface of outdoor storage piles said piles shall be effectively stabilized of fugitive dust emissions using sufficient water or chemical stabilizersuppressant
Limit traffic speed on unpaved on-site roads to 15 mph
Install sandbags or other erosion control measures to prevent silt runoff to public roadways from sites with a slope greater than one percent
Install windbreaks at windward side(s) of construction areas
Suspend excavation and grading activity when winds exceed 20 mph
Impact 43-2 Operation of the Project would generate exhaust emissions of criteria pollutants from routine operations
Less than Significant
None required
Impact 43-3 The Project could result in permanently disturbed land that would serve as a source of fugitive dust emissions
Less than Significant
None required
Impact 43-4 Construction and decommissioning emissions associated with the Project could result in emissions of ozone precursors and particulate matter that would be cumulatively considerable
Potentially Significant
Mitigation Measure 43-4 Implement Mitigation Measure 43-1 Less than Significant
Impact 43-5 Operation and maintenance of the Project could generate emissions of criteria pollutants that would be cumulatively considerable
Less than Significant
None required
Impact 43-6 The Project would generate emissions of criteria pollutants potentially exposing sensitive receptors to harmful pollutant concentrations
Potentially Significant
Mitigation Measure 43-6 Implement Mitigation Measure 43-1 Less than Significant
Impact 43-7 The Project would generate emissions of Toxic Air Contaminants potentially exposing sensitive receptors to harmful pollutant concentrations
Less than Significant
None required
100
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-10 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Biological Resources
Impact 44-1 Applicant Project activities could result in potential disturbance or loss of Swainsonrsquos hawk and their habitat
Potentially Significant
Mitigation Measure 44-1a Preconstruction Surveys for Swainsonrsquos Hawk If Project-related construction or decommissioning activities are planned to occur during the nesting period (March 1 to September 15) the Applicant shall engage a qualified biologist to conduct preconstruction surveys for Swainsonrsquos hawk and their nests no more than 14 days before the start of construction or decommissioning activities within 025 mile of the Project site where access is available Survey results shall be submitted to CDFG at least three days prior to the start of construction or decommissioning activities If active nests are not identified no further action is required and constructiondecommissioning may proceed If active nests are identified the Applicant shall consult with CDFG to develop and implement suitable avoidance measures consistent with the Staff Report Regarding Mitigation for Impacts to Swainsonrsquos Hawks in the Central Valley of California (CDFG 1994) To avoid impacting breeding efforts no construction or decommissioning activities shall occur between March 1 and September 15 within 500 feet of an active nest that could cause nest abandonment or forced fledging These buffers may be reduced in consultation with CDFG
Depending on conditions specific to each active nest and the relative location and rate of construction or decommissioning activities it may be feasible for such activities to occur as planned within the buffer without impacting the breeding effort In this case (to be determined in consultation with CDFG) the nest(s) shall be monitored by a qualified biologist during construction or decommissioning within the buffer The monitor shall have ldquostop workrdquo authority If in the professional opinion of the monitor Project activities are negatively affecting the nesting behavior of the bird the monitor shall stop all such activities within the designated buffer Construction or decommissioning activities shall not resume until either the monitor has determined that the young have fledged the nest or as otherwise approved by CDFG
With CDFG concurrence construction activities that are initiated outside the nesting season may continue even if raptors choose to nest within 500 feet of work activities Thus work may continue without delay if surveys verify the local absence of nesting raptors or if construction begins outside the nesting period (September 16 to February 28)
Less than Significant
Mitigation Measure 44-1b Reduce Construction Noise Levels If it appears that noise or vibration from vibratory post driving associated with Project construction (or other similar noise-generating construction or decommissioning activity) could affect nesting Swainsonrsquos hawks that arrive after the start of construction specific measures including but not limited to use of noise dissipaters shall be implemented to reduce noise levels During post driving a noise level of no greater than 85 decibels (measured at the nest) shall be used as general guidance for nests that are established after construction
Impact 44-2 MID activities could result in potential disturbance or loss of Swainsonrsquos hawk and their habitat
Potentially Significant
Mitigation Measure 44-2 Avian-safe Transmission Line (MID) Transmission poles should be designed using criteria identified in Avian Power Line Interaction Committee (APLIC 2006)
Less than Significant
101
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-11 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Biological Resources (cont)
Impact 44-3 Project activities could impact other tree-nesting raptors andor protected nesting migratory birds
Potentially Significant
Mitigation Measure 44-3 Preconstruction Raptor Surveys (Applicant) If Project-related construction andor decommissioning activities are to occur during the breeding period for nesting raptors andor protected nesting migratory birds (February 1 through August 31) the Applicant shall engage a qualified biologist to conduct preconstruction surveys of all potential habitat within 500 feet of the Project site no more than 14 days prior to the start of construction or decommissioning activities If active nests are not identified no further action is necessary If active nests are identified during preconstruction surveys a no-disturbance buffer shall be created around active raptor nests and nests of other special-status birds during the breeding season or until it is determined by the qualified biologist that all young have fledged Typical buffers are 500 feet for raptors and 250 feet for other nesting birds (eg waterfowl and passerine birds) The size of these buffer zones and types of construction or decommissioning activities allowed in these areas could be further modified in coordination with CDFG and shall be based on existing noise and disturbance levels in the Project area
Less than Significant
Impact 44-4 Project activities could result in potential disturbance or loss of burrowing owls and their habitat
Potentially Significant
Mitigation Measure 44-4a Preconstruction Burrowing Owl Surveys (Applicant) The Applicant shall engage a qualified biologist to conduct preconstruction surveys for burrowing owls 14 to 30 days prior to the start of construction or decommissioning using the most current CDFG protocol Surveys shall cover grassland areas within a 500-foot buffer from all Project constructiondecommissioning activities that are within suitable grasslands habitat including checking for adult and juvenile burrowing owls and owl nests If owls are detected during surveys occupied burrows shall not be disturbed
Constructiondecommissioning exclusion areas (eg orange exclusion fence or signage) shall be established around the occupied burrows where no disturbance shall be allowed During the nonbreeding season (September 1 through January 31) the exclusion zone shall extend 160 feet around occupied burrows During the breeding season (February 1 through August 31) exclusion areas shall extend 250 feet around occupied burrows
If the above requirements cannot be met passive relocation of on-site owls may be implemented as an alternative but only during the nonbreeding season and only with prior CDFG approval Passive relocation shall be accomplished by installing one-way doors on the entrances of burrows located within 160 feet of the Project area The one-way doors shall be left in place for 48 hours to ensure the owls have left the burrow The burrows shall then be excavated with a qualified biologist present Constructiondecommissioning shall not proceed until the Project area is deemed free of owls by the qualified biologist
Less than Significant
Mitigation Measure 44-4b Preconstruction Burrowing Owl Surveys (MID) Prior to construction MID shall conduct pre-construction surveys for burrowing owl for the sub-transmissiondistribution line and fiber optic cable alignment These surveys shall be conducted using the most up-to-date CDFG published protocols (eg CDFGs 1995 Staff Report on Burrowing Owl Mitigation) If owls are detected during surveys occupied burrows shall not be disturbed
102
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-12 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Cultural and Paleontological Resources
Impact 45-1 The proposed Project could potentially cause an adverse change in the significance of a unique archaeological resource pursuant to sect150645
Potentially Significant
Mitigation Measure 45-1 If Cultural Resources are Discovered During Ground-Disturbing Activities Suspend Work until Resource is Evaluated Prior to the initiation of site preparation or start of construction (and subsequently decommissioning) the Applicant shall retain a qualified professional archaeologist to complete an archaeological resources training program for construction workers involved in grading and excavation activities Training shall include awareness and recognition of archaeological materials and the procedures to follow if construction crews encounter such materials in the course of earthwork excavation or grading If archaeological resources are encountered all activity within 50 feet of the find shall cease until it can be evaluated by a qualified archaeologist Prehistoric archaeological materials could include obsidian and chert flaked-stone tools (eg projectile points knives scrapers) or toolmaking debris culturally darkened soil (ldquomiddenrdquo) containing heat-affected rocks artifacts or shellfish remains and stone milling equipment (eg mortars pestles handstones or milling slabs) and battered stone tools such as hammerstones and pitted stones Historic-period materials could include stone concrete or adobe footings and walls filled wells or privies and deposits of metal glass andor ceramic refuse The archaeologist shall notify the Applicant and MID if the resource may be significant An appropriate treatment plan for the resources shall then be developed by the Applicant for approval by MID The archaeologist shall consult with Native American representatives in determining appropriate treatment for prehistoric or Native American cultural resources if discovered
In considering any suggested mitigation proposed by the archaeologist the Applicant and MID shall determine whether avoidance is feasible in light of factors such as the nature of the find project design costs and other considerations If avoidance is not feasible other appropriate measures (eg data recovery) shall be instituted Work may proceed in other parts of the Project site while mitigation for cultural resources in other areas of the site is being carried out
Less than Significant
Impact 45-2 The proposed Project could potentially destroy a unique paleontological resource or site or unique geologic feature
Potentially Significant
Mitigation Measure 45-2 If Paleontological Resources are Discovered During Ground-Disturbing Activities Suspend Work until Resource is Evaluated Prior to the initiation of site preparation or start of construction (and subsequently decommissioning) the Applicant shall retain a qualified professional paleontologist or a California Registered Professional Geologist (California RPG) with appropriate paleontological expertise as defined by the Society of Vertebrate Paleontologyrsquos Conformable Impact Mitigation Guidelines Committee (SVP 1995 Guidelines) to carry out a paleontological resources training program for construction workers involved in grading and excavation activities Training shall include awareness and recognition of potential fossil materials and the procedures to follow if construction crews encounter fossil materials in the course of earthwork excavation or grading If construction crews discover potential fossils all earthwork or other types of ground disturbance within 50 feet of the find shall stop immediately until the qualified professional paleontologist can assess the nature and importance of the find Based on the scientific value or uniqueness of the find the monitor may record the find and allow work to continue or recommend salvage and recovery of the fossil The Applicant shall require the paleontologist to be ldquoon-callrdquo throughout the duration of ground-disturbing activities
Less than Significant
103
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-13 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Cultural and Paleontological Resources (cont)
Impact 45-3 The proposed Project could potentially disturb any human remains including those interred outside of formal cemeteries
Potentially Significant
Mitigation Measure 45-3 Halt Work if Human Skeletal Remains are Identified During Construction If human skeletal remains are uncovered during Project construction (and subsequently decommissioning) work shall immediately halt within 100 feet of the find The Applicant shall contact the Stanislaus County Coroner to evaluate the remains and shall follow the procedures and protocols set forth in sect150645(e)(1) of the CEQA Guidelines If the County Coroner determines that the remains are Native American the Applicant shall contact the Native American Heritage Commission in accordance with Health and Safety Code Section 70505 subdivision (c) and Public Resources Code 509798 (as amended by AB 2641) The Native American Heritage Commission will designate a Most Likely Descendent of the deceased Native American who will provide recommendations as to the future disposition of the remains
Less than Significant
Energy Conservation
Impact 46-1 The construction operation and maintenance and decommissioning of the Project could result in consumption of energy
Less than Significant
None required
Impact 46-2 Construction operation and maintenance and decommissioning of the Project would require use of transportation energy
Less than Significant
None required
Impact 46-3 The Projectrsquos overall use of efficient transportation alternatives would be limited
Less than Significant
None required
Geology and Soils
Impact 47-1 The Project could expose people or structures to potential adverse effects including the risk of loss injury or death involving strong seismic ground shaking and earthquake-induced ground failure (such as liquefaction and lateral spreading)
Less than Significant
None required
Impact 47-2 The Project could result in soil erosion or loss of topsoil
Less than Significant
None required
Impact 47-3 The Project could be located on expansive soil as defined in Table 18-1-B of the Uniform Building Code (1994) creating risks to life or property
Less than Significant
None required
104
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-14 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Geology and Soils (cont)
Impact 47-4 The Project site could have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater
Less than Significant
None required
Greenhouse Gas Emissions
Impact 48-1 The Project would result in emissions of greenhouse gases that would contribute to global climate change
Less than Significant
None required
Impact 48-2 The Project could conflict with the California Air Resources Boardrsquos Climate Change Scoping Plan
Potentially Significant
Mitigation Measure 48-2 Low SF6 Leak Rate Circuit Breaker and Monitoring The Applicant shall ensure that the circuit breaker installed at the proposed new substation has a guaranteed SF6 annual leak rate of no more than 05 percent by volume The Applicant shall provide Modesto Irrigation District with documentation of compliance such as specification sheets prior to installation of the circuit breaker In addition the Applicant shall monitor the SF6-containing circuit breaker at the substation consistent with Scoping Plan Measure H-6 for the detection and repair of leaks
Less than Significant
Hazards and Hazardous Materials
Impact 49-1 Project construction decommissioning and operationmaintenance could create a hazard to the public or the environment through the routine transport use or disposal of hazardous materials
Less than Significant
None required
Impact 49-2 The Project could result in an accidental spill or leak during construction or decommissioning that could release hazardous materials into the environment
Potentially Significant
Mitigation Measure 49-2 Accidental Spill Prevention and Response Plan The Applicant shall prepare an Accidental Spill Prevention and Response Plan for construction and decommissioning activities for review and approval by Modesto Irrigation District The plan shall identify measures to prevent accidental spills from leaving the site and methods for responding to and cleaning up spills to limit the amount of materials released into the environment Such measures shall include but not be limited to ensuring that absorbent material tarps storage drums and other emergency spill supplies and equipment are kept at the Project site at all times
Less than Significant
Hydrology and Water Quality
Impact 410-1 The Project could potentially degrade water quality such that it could violate water quality standards or waste discharge requirements
Less than Significant
None required
105
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-15 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Hydrology and Water Quality (cont)
Impact 410-2 The Project could alter the existing drainage pattern of the site in a manner that could result in erosion or sedimentation on- or off-site or which could contribute to flooding
Less than Significant
None required
Impact 410-3 The Project could create or contribute runoff water that could exceed the capacity of existing or planned stormwater drainage systems or provide additional sources of polluted runoff
Less than Significant
None required
Impact 410-4 The Project could expose people or structures to a risk of loss injury or death involving flooding including flooding as a result of the failure of a levee or dam
Less than Significant
None required
Land Use and Planning
The Project would have no impacts in this resource area
Mineral Resources
The Project would have no impacts in this resource area
Noise
Impact 413-1 Project-related post driving would result in exposure of persons to groundborne vibration
Less than Significant
None required
Impact 413-2 Operation and maintenance of the Project would increase local ambient noise levels
Less than Significant
None required
Impact 413-3 Project construction and decommissioning activities would temporarily increase local ambient noise levels
Less than Significant
None required
Population and Housing
The Project would have no impacts in this resource area
106
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-16 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Public Services
The Project would have no impacts in this resource area
Recreation
The Project would have no impacts in this resource area
Transportation and Traffic
Impact 417-1 Project construction and decommissioning activities could intermittently and temporarily increase traffic congestion due to vehicle trips generated by construction workers and construction vehicles on area roadways
Potentially Significant
Mitigation Measure 417-1a MID Traffic Control Measures During construction and decommissioning of the sub-transmission and distribution lines and fiber optic cable MID shall implement the following traffic mitigation measures from the 2006 PEIR Update (2006 PEIR Update p 10-6)
1 MID will coordinate design and construction of program facilities with the agencies with jurisdiction including Caltrans counties cities special districts other utilities and the FAA as required
2 MID will obtain any necessary encroachment permits inspections or other approvals from agencies with jurisdiction
2A MID will obtain any necessary approvals and inspections from agencies with jurisdiction
2B MID shall coordinate the design and construction and shall obtain any necessary permits from the County City or State prior to placing any facilities within the public road rights-of-way of those agencies and shall conform to applicable conditions in the encroachment permit
3 MID will utilize all necessary precautions to minimize safety concerns when working within public road rights-of-way Traffic safety cones construction signage or other measures will be used to alert drivers to construction activities
4 Electrical facilities placed within public rights-of-way will comply with applicable standards for avoiding hazards to drivers pedestrians and bicyclists
Less than Significant
Mitigation Measure 417-1b Applicant Construction Traffic Management and Safety Plan Prior to the start of construction (and subsequently decommissioning) of the Project the Applicant shall prepare and implement a Traffic Management and Safety Plan that shall reduce or eliminate impacts associated with the Project The Plan shall adhere to Stanislaus County and Caltrans requirements and shall include at a minimum the following elements
a) Schedule Project-generated construction truck trips on SR 99 SR 108 and SR 219 outside the peak morning and evening commute hours to reduce potential traffic congestion and reduce potential for transit delays during the peak commute periods
107
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-17 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Transportation and Traffic (cont)
Impact 417-1 (cont) b) Comply with transportation permit requirements of Caltrans and CHP when scheduling Project-generated construction truck trips carrying oversized loads In addition provide pre-notification to local police fire and emergency service providers of the timing location and duration of construction activities that could affect the movement of emergency vehicles on area roadways
c) Place signs (eg ldquoSlow Trucksrdquo andor ldquoTrucks Turning Aheadrdquo) along appropriate roads to notify drivers of construction traffic throughout the duration of the construction period
Impact 417-2 The Project could conflict with established congestion management programs on affected roads or highways
Less than Significant
None required
Impact 417-3 Project construction and decommissioning activities could substantially increase traffic hazards due to construction in or adjacent to roads
Potentially Significant
Mitigation Measure 417-3 Implement Mitigation Measures 417-1a and 417-1b Less than Significant
Impact 417-4 The Project could result in inadequate emergency access
Potentially Significant
Mitigation Measure 417-4 Develop an Emergency Access Plan for the Site The Applicant shall develop and implement an Emergency Access Plan which shall include evacuation routes and strategies to ensure accessibility and mobility for project area and emergency vehicles Additional measures include developing an emergency action plan that identifies roles and responsibilities during emergencies and to update the plan regularly
Less than Significant
Utilities and Service Systems
Impact 418-1 The proposed Project would require or result in the construction of new stormwater drainage facilities the construction of which could cause significant environmental effects
Less than Significant
None required
108
109
110
REFERRED TO
YE
S
NO
WILL NOT
HAVE
SIGNIFICANT
IMPACT
MAY HAVE
SIGNIFICANT
IMPACT
NO COMMENT
NON CEQA YE
S
NO
YE
S
NO
AGRICULTURE COMMISSIONER X
AIRPORT LAND USE COMMISSION X
ALLIANCE X
BUILDING PERMITS DIVISION X X X
CALTRANS DISTRICT 10 X
CHIEF EXECUTIVE OFFICE X
CITY OF RIVERBANK X
COOPERATIVE EXTENSION X
CORPS OF ENGINEERS X
COUNTY COUNSEL X
ENVIRONMENTAL RESOURCES X X X
FIRE PROTECTION DIST STANISLAUS
CONSOLIDATED X X X
FISH amp GAME DEPT OF X
HAZARDOUS MATERIALS X
IRRIGATION DISTRICT MODESTO X X X
LAFCO X
MODESTO REGIONAL FIRE AUTHORITY FPB X
MOSQUITO DISTRICT EASTSIDE X
MT VALLEY EMERGENCY MEDICAL X
PACIFIC GAS amp ELECTRIC X
PUBLIC WORKS X X X
REGIONAL WATER QUALITY CONTROL X
SAN JOAQUIN VALLEY APCD X
SCHOOL DISTRICT 1 MODESTO X X X
SCHOOL DISTRICT 2 STANISLAUS X
SHERIFF X
StanCOG X
STANISLAUS COUNTY FARM BUREAU X
STANISLAUS ERC X
STATE CLEARINGHOUSE X
STATE LANDS COMMISSION X
SUPERVISORIAL DISTRICT 4 MONTEITH X
SURROUNDING LAND OWNERS
TELEPHONE COMPANY ATampT X
UNITED STATES MILITARY AGENCIES (SB 1462) (5 agencies) X
US FISH amp WILDLIFE X
X
X
SUMMARY OF RESPONSES FOR USE PERMIT REVIEW REFERRALS
RESPONDED RESPONSEMITIGATION
MEASURESCONDITIONS
PROJECT USE PERMIT APPLICATION NO 2011-10 - McHENRY SOLAR FARM
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
RESPONSIBLE
AGENCY REFERRAL
PUBLIC HEARING
NOTICE
X
X
X
X
X
X
X
X
X
111
f UID =~n BOARD RESOLUTION J~I District Waftrand PeoW8(
Major components of the proposed MID facilities are
bull 69-kV electrical switchyard on the Project site
bull Approximately 700-foot-long 69middotkV double-circuit overhead electric sub-transmission line and 12-kV distribution line
bull Approximately 75 miles of new overhead fiber optic cable to be installed on the poles of an existing distribution and 69-kV sub-transmission line system
bull A control building
Major project development milestones are (dates are approximate)
bull September 2011 start construction
bull March 2012 begin commercial operation
bull July 2012 project completion
The Project would operate yeaNound and would have the capacity to produce 25 MW of solar power The Project would generate electricity during daylight hours when electricity demand is at its peak and would provide for the annual electricity needs of approximately 6000 residences
Project Location The proposed site is located in northern unincorporated Stanislaus County between the City of
Riverbank and community of Del Rio along Patterson Road near the intersection with McHenry Avenue and consists of Assessors Parcel Numbers (APNs) 074-002-021 -029 -030 and -031 The residence and associated buildings located on a portion ofthese parcels are not part of the Project site
Purpose and Need for the Project The California Renewable Portfolio Standard legislation enacted in 2002 (Senate Bill 1078) and accelerated in
2006 requires retail sellers ofelectricity to obtain 20 percent of their supply of electricity from renewable energy sources such as solar by 2010 Then Governor Schwarzenegger also set a state-wide goal of achieving a 33 percent renewable energy share by 2020 to reduce the impact of greenhouse gases on the environment The 33 percent goal was enacted into law by current Governor Brown on April 12 2011 with his signing of Senate Bill 2X Power generated by the Project would be delivered directly to MID pursuant to the terms of a 25-year power purchase agreement
MID currently obtains approximately 27 percent ofits electrical supply from renewable energy sources
Twenty-six percent of that renewable energy comes from wind energy projects all of which are located outside of MIDs system and many of which are located in Oregons Columbia River Gorge MID
has a need to diversify its renewable energy portfolio by procuring power with more predictable
operating characteristics than wind power Unlike wind local solar power would provide peak
electricity generation that would coincide well with MIDs customer peak load (sunny hot summer
OOCSN271545 _ V4BoardAllendaReportFor _The_Mchenry _Solar Farm_Project]2611 Rev Dee 2010 80
rID BOARD RESOLUTION 1 Dlstrid Wltetllld Pcwtr
days) Local solar power would also avoid line losses associated with transmitting electricity over long distances from remote sources
The Applicant and MID are proposing the Project as an economically viable source of clean renewable electricity generation that helps meet Californias growing demand for power fulfills numerous state and national renewable energy policies and goals and provides important geographic and source diversity for MIDs energy portfolio
II BACKGROUND
Environmental Science Associates (ESA) acted as consultant to Solar Star for the purpose of preparing the appropriate environmental document (the Environmental Impact Report [EIR]) pursuant to the requirements of the California Environmental Quality Act (CEQA)
CH2M HILL acted as consultant to MID for the purpose of providing a third-party independent review of the EIR that was prepared for the project These Findings are prepared pursuant to CEQA
On December 6 2010 MID published and distributed a Notice of Preparation (NaP) to advise interested local regional and State agencies Native American tribal organizations and interested public that an EIR would be prepared for the proposed Project The Nap solicited both written and verbal comments on the EIRs scope during a 30-day comment period
A Draft Environmental Impact Report (DEIR) was prepared and distributed to interested parties and potentially affected agencies and organizations on May 18 2011 Public Notices for the DEIR and a public meeting was published in the Modesto Bee on June 9 and 152011 The public meeting took place June 16 2011 at MIDs downtown offices The review period for the DEIR ended on July 5 2011 Comments received on the DEIR prompted only minor changes to the text of the DEIR and resulted in no changes to the conclusions presented in the DEIR
The Final EIR was distributed on July 15 2011 The Board of Directors of MID considered the Final fiR for the McHenry Solar Farm Project at a noticed public hearing held on July 26 2011 At the hearing the Board of Directors of MID took the following actions
bull Certified the Final Environmental Impact Report for the McHenry Solar Farm Project as adequate and complete
bull Adopted the Mitigation Monitoring Plan and Findings of Fact for the Project
III RECORD OF PROCEEEDINGS
For the purpose of compliance with CEQA and its requirements for Findings the record of proceedings for the project is comprised as follows
1 The Initial Study prepared for the project
2 The Notice of Preparation and all other public notices issued by MID in conjunction with the project
3 All responses to the EIR Notice of Preparation
DOCS_N271545_V4_Boad_Agenda_ReportJor_The_Mdnry _Sol _Farm_Poject_7_26_11 Rev Dec 2010 81
BOARD RESOLUTION
4 All public meeting notes and presentations
5 The DEIR including all technical appendices
6 All comments submitted by agencies or members of the public during the public comment period on the Draft EIR and responses to those comments
7 The Final EIR prepared for the project
8 The Mitigation Monitoring Plan developed for the project
9 Written documentation and maps All staff reports memoranda maps letters meeting minutes or other documents that were prepared for or reviewed by the Board of Directors for MID
10 All testimonYdocuments and other evidence presented by MID relating to the project
11 All documents submitted to MID by agencies or members of the public in connection with the project
12 Minutes of all public meetings held by MID in connection with ~he project
13 Matters of common knowledge to the Board of Directors of MID including but not limited to
a) Stanislaus County General Plan and Zoning Code
All items listed above are in the custody of Modesto Irrigation District 1231 Eleventh Street Modesto CA 95354
IV FINDINGS REQUIRED UNDER CEQA
To the extent that a project is subject to CEQA a public agency may not approve the project as proposed if feasible mitigation measures or feasible alternatives are available that would substantially lessen the projects significant environmental effects (Pub Resources Code sect21002) Based on Section 21002 both the California Resources Agency and the States courts have recognized that in approving projects with significant environmental effects public agencies have an obligation to modify the project to the extent feasible to substantially lessen or avoid such effects (CEQA Guidelines sect 15002 subd (a)3) 15021 subd (a)2) Sierra Club v Gilroy City Council (1990) 22 CalApp3d 30 41 [271 Cal Rptr393])
Public Resources Code Section 210611 defines feasible to mean capable of being accomplished in a successful manner within a reasonable period oftime taking into account economic enVironmental social and technological factors CEQA Guidelines Section 15364 adds another factor legal considerations See also Citizens of Goleta Valley v Board of Supervisors (Goleta 11) (1990) 52 Cal3d 553565 [276 CalRptr 410]) An agency may reject mitigation measures or environmentally superior alternatives as being infeasible if they frustrate the objectives of a proposed project (See City of Del Mar v City of San Diego (1982) 133 CalApp3d 410416-417 [183 CalRptr 898 Seguovah Hills Homeowners Association v City of Oakland (1993) 23 CalAppAth 704 715 [29 Cal Rptr2d 182])
DOCS_N271545_V4_Board_Agenda_ReportJor_The_Mchenry_SolarJarm]roject_7_26_11 Rev Dec 2010 82
Moto Irrigation BOARD RESOLUTION~lt1ID II District
WattralUtPOWott
The obligation to substantially lessen or avoid significant effects where feasible is implemented in part through the adoption of CEQA findings as mandated by Public Resources Code sect21081 The parallel section in the CEQA Guidelines is sect15091 which provides that before an agency can approve a project for which an EIR has identified significant environmental effects the agency must first adopt one or more findings for each [such] significant effect For each effect the agencys findings must reach one or more of three permissible conclusions
The first possible finding IS that changes or alterations have been required in or incorporated into the project which avoid or substantially lessen the significant environmental effect as identified in the final ErR (CEQA Guidelines sect15091 subd (a)(1))
The second permissible finding is that (s)uch changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding Such changes have been adopted by such other agency or can and should be adopted by such other agency (CEQA Guidelines sect15091 subd (a)(2))
As to the third permissible conclusion CEQA Guidelines sect15091 no longer exactly tracks the statutory language ofPublic Resources Code sect21081 subdivision (a)(3) which was amended in 1993 and again in 1994 The amended statute provides that the third permissible conclusion is that (s)pecific economic legal social technological or other considerations including provision of employment opportunities for highly trained workers make infeasible the mitigation measures or project alternatives identified in the ErR (Pub Resources Code sect21081 subd (a)(3) see also CEQA Guidelines sect15091 subd (a)(3))
The CEQA Guidelines do not define the difference between avoiding a significant environmental effect and merely substantially lessening such an effect MID must therefore glean the meaning of these terms from the other contexts in which the terms are used Public Resources Code section 21081 on which CEQA Guidelines section 15091 is based uses the term mitigate rather that substantially lessen Such an understanding ofthe statutory term is consistent with Public Resources Code sect21002 which as noted earlier uses the terms substantially lessen and avoid but does not use the word mitigate
For purposes of these findings the term avoid refers to the effectiveness of one or more mitigation measure to reduce an otherwise significant effect to a less than significant level In contrast the term substantially lessen refers to the effectiveness of such a measure or measure to substantially reduce the severity of a significant effect but not to reduce that effect to a less than significant level
Although CEQA Guidelines Section 15091 requires only that approving agencies specify that a particular significant effect is avoid[ed] or substantially lessen[edJ these findings for purposes of clarity in each case will specify whether the effect in question has been avoided (Ie reduced to a less than significant levels) or has simply been substantially lessened but remains significant
In seeking to effectuate the substantive policy of CEQA to substantially lessen or avoid significant environmental effects to the extent feaSible an agency in adopting findings need not necessarily address the feasibility of both mitigation measures and environmentally superior alternatives when contemplating approval of a proposed project with significant impacts Where a significant impact can
DOCS_N271545_V4_Boaro_Agenda_ReportJor _The_Mchenry _Solar_Farl11_ProjecC7_26_11 Rev Dec 2010 83
BOARD RESOLUTION
be mitigated to an acceptable level solely by the adoption of a feasible mitigation measure or measures the agency in drafting its findings has no obligation even to consider the feasibility of any environmentally superior alternative that could also substantially lessen or avoid that same impactshyeven ifthe alternative would render the impact less severe than would the proposed project as mitigated (laurel Hills Homeowners Associated v City Council (1978) 83 Ca1App3d515 521 [147 CalRptr 842] see also Kings County Farm Bureau v City of Hanford (1990) 221 CalApp3d 692 730shy731 [270 CalRptr 650] and laurel Heights Improvement Associated v Regents ofthe University of California (Laurel Heights I) (1988)47 Cal 3d 376 400-403 [253 CalRptr 426])
In these findings MID first addresses the extent to which each significant environmental effect can be substantially lessened or avoided through the adoption of feasible mitigation measures MID also addresses the extent to which alternatives described in the EIR are (i) environmentally superior and (ii) feasible within the meaning of CEQA
In cases in which a projects significant effects cannot be mitigated or avoided an agency after adopting proper findings may nevertheless approve the project if it first adopts a statement of overriding considerations setting forth the specific reasons why the agency found that the benefits of the project outweigh the significant effects on the environment (Pub Resources Code sect21081 subd (b) see also CEQA Guidelines sectsect15093 15043 subd (b)) In this case all impacts have been mitigated sufficiently so that a statement of overriding considerations is not needed
The California Supreme Court has stated that (t)he wisdom of approvingany development project a delicate task which requires a balancing of interests is necessarily left to the sound discretion of the local officials and their constituents who are responsible for such decisions The law as we interpret and apply it simply requires that those decisions be informed and therefore balanced (Goleta II supra 52 Cal 3d at 576 [276 CalRptr 410])
V LEGAL EFFECT OF FINDINGS
To the extent that these Findings conclude that proposed mitigation measures outlined in the Draft and Final EIR are feasible and have not been modified superseded or withdrawn MID hereby binds the Applicant and any other responsible parties to implement those measures
These Findings in other words are not merely informational or hortatory but constitute a binding set of obligations that will come into effect when MID adopts the resolution(s) andor ordinance(s) approving the Project (Pub Resources Code sect210816 subd (b)) In addition the adopted mitigation measures are conditions of approval
VI MITIGATION MONITORING PLAN
As required by Public Resources Code sect210816 subd (a)(I) MID in adopting these Findings also adopts a Mitigation Monitoring Plan (MMP) The MMP is designed to ensure that during Project implementation MID and any other responsible parties comply with the feasible mitigation measures identified below The plan is described in the document entitled Mitigation Monitoring Plan (which is included in Chapter 10 of the Draft EIR)
DOCS_N271S45_V4_Board_Agenda_ReportJor _The_Mchenry _Solar_Farm_ProJecC7 _26_11 Rev )ec2010 84
Jf ID =11 BOARD RESOLUTION~ -hf Dlstrld Wattrand Power
The MMP that the Board of Directors for MID will adopt with these Findings of Fact contains the Draft EIR verbatim mitigation measures (the mitigation measures were not changed in the Final EIR) The mitigation measures in the MMP are referenced to the mitigation measures contained herein in Section VII
VII SIGNIFICANT ADVERSE IMPACTS AND MITIGATION MEASURES
For all of the environmental resources that were evaluated in the EIR there were some impacts that were considered less Than Significant and other impacts within the same environmental resource were considered either Potentially Significant No impacts were deemed Significant These Findings do not address resource issues that were determined to have No Impact Resources for which No Impacts were determined include land Use and Planning Mineral Resources Population and Housing Public Services and Recreation
Less-than-Significant Impacts These Findings do not address impacts that are considered less than significant prior to mitigation The lessshythan-significant impacts are not addressed in these Findings Impacts were found to be less than significant for Agriculture and Forest Resources Energy Conservation Geology and Soils Hydrology and Water Quality Noise and Utilities and Service Systems
However due to the number of comments at the public meeting and subsequently in written comments during the public comment period about the use of agricultural land for the proposed solar farm the Board is adopting the following finding concerning the conclusion of the EIR and the independent conclusion of the Board that the project will not cause a significant environmental effect in the form of converting agricultural land Based upon substantial evidence and expert opinion of the independent EIR consultant the EIR concluded that the potential conversion of agricultural land to non-agricultural uses was not a significant effect caused by the Project In reaching this conclusion the EIR emphasized multiple facts policies and evidence The use is a temporary use allowed by a lease between the proponent and the land owner At the conclusion of the leasehold estate the proponent has a contractual obligation to restore the land to the condition present before the lease executed This includes dismantling and removing all equipment excavating and removing all underground wires and cables removing all posts and roads breaking up and removing all cement pads and foundations removing all septic tanks and leach fields and regarding the real property to facilitate continued farming operations (Decommissioning activities)
The County has the power to and may include a condition requiring the proponent complete the decommissioning actiVity Communications with Stanislaus County indicate that a formal agreement should be developed that will keep the subject property in some level of agricultural production (albeit grazing) during the project life and return it to a state suitable to agricultural production at the conclusion of the project
In addition CEQA Guideline Appendix G indicates that if a project causes a significant environmental effect if it converts prime or unique farmland or if it converts farmland of Statewide Importance The Board independently reviewed the analysis of the term convert found at page 32-3 of the Final EIR and independently concludes based upon this analysis that since the land will be restored to the agricultural condition prior to executing the lease that the project does not amount to a permanent or irreversible conversion of agricultural land Therefore the Board finds that the Project does not cause a significant environmental effect in the form of converting agricultural land
DOCS_N271S4S_V4_Board_Agenda_Report_ForJhe_MchenFl_Solar]arm_ProJecC7_l6_11 Rev De 1010 85
BOARD RESOLUTIO N
Furthermore Stanislaus County with significant expertise in the area of preserving and protecting agricultural land has previous addressed this issue and determined that a temporary use of farmland for a solar farm is a less than significant environmental effect under CEQA
Significant Impacts for Which Mitigation Measures are Provided The EIR also identified several impacts that are considered to be Potentially Significant The impacts in this category are Aesthetics Visual Quality and Light and Glare Air Quality Biological Resources Cultural and Paleontological Resources Greenhouse Gas Emissions Hazards and Hazardous Materials and Transportation and Traffic These impacts will be fully avoided through the adoption of feasible mitigation measures No significant unavoidable environmental impacts are expected from either construction or operation ofthe project
Each of these impacts can be reduced to lessmiddotthan-significant levels andor avoided with the implementation of mitigation measures They are considered below
Aesthetics Visual Quality and Light and Glare
Impact 41-2
Impact 41-2 The Project would create a new source of light or glare which could adversely affect daytime ornighttime views in the area (DEIR page ES-8)
Mitigation Measures
Mitigation Measure 41-2 Nighttime Construction Lighting Nighttime construction lighting if required shall be shielded and oriented downward to minimize effects on any nearby receptors Lighting shall be directed toward active construction areas only and shall have the minimum brightness necessary to ensure worker safety
Finding
The Board finds based on substantial evidence presented in the record of prolteedings that implementation of this measure will reduce the potentially significant impact on aesthetics visual quality and light and glare
Air Quality
Impact 43-1
Impact 43-1 Construction and decommissioning activities would generate emissions of criteria pollutants including suspended and inhalable particulate matter and equipment exhaust emissions (DEIR page ES-8 and ES-9)
OOCSN271545 V4BoordAge ndaReportfor _ TheMchenry Solo r Fa rmproject_7 _2611 Rev Oec 2010 86
~)1IDMOto Irlgation BOARD RESOLUTION
It e DItrld water and POwtr-
Mitigation Measure
Mitigation Measure 43-1 Implement Dust Control Measures The Applicant shall submit a Dust Control Plan to the APCO for approval prior to start of construction (and subsequently decommissioning) activities The Plan shall cover both Applicant and MID activities and shall require implementation of the following dust control measures
bull All disturbed areas including storage piles that are not being actively used for construction purposes shall be effectively stabilized of dust emissions using water chemical stabilizersuppressant covered with a tarp or other suitable cover or vegetative ground cover
bull All on-site unpaved roads and off-site unpaved access roads shall be effectively stabilized of dust emissions using water or chemical stabilizersuppressant
bull All land clearing grubbing scraping excavation land leveling grading cut and fill and demolition activities shall be effectively controlled of fugitive dust emissions using application of water or by presoaking
bull When materials are transported off-site all material shall be covered or effectively wetted to limit visible dust emissions and at least six inches of freeboard space from the top of the container shall be maintained
bull Limit or expeditiously remove trackout (Le accumulation of mud or dirt from Projectshyrelated vehicle tires) from adjacent public streets near the Project access points Trackout shall be immediately removed from public streets when it extends 50 or more feet from the Project access points otherwise trackout shall be removed at the end of each workday (The use of dry rotary brushes is expressly prohibited except where preceded or accompanied by sufficient wetting to limit the visible dust emissions)(Use of blower devices is expressly forbidden)
bull Following the addition of materials to or removal of materials from the surface of outdoor storage piles said piles shall be effectively stabilized of fugitive dust emissions using sufficient water or chemical stabilizersuppressant
bull limit traffic speed on unpaved on-site roads to 15 mph
bull Install sandbags or other erosion control measures to prevent silt runoff to public roadways from sites with a slope greater than one percent
bull Install windbreaks at windward side(s) of construction areas
bull Suspend excavation and grading activity when winds exceed 20 mph
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation of these measures will reduce the potentially significant impact on air quality
DOCS_N27154S_V4_Boardfgenda_RoportJor The_MchenVSolar Farm_Projece726_11 Rev Dec 2010 87
Modosto Irrlatlon BOARD RESOLUTION District~lt1ID
Wattrld ~owt
Impact 43-4
Impact 43-4 Construction and decommissioning emissions associated with the Project could result in emissions of ozone precursors and particulate matter that would be cumulatively considerable (OEIR page ES-9)
Mitigation Measure
Mitigation Measure 43-4 Implement Mitigation Measure 43-1
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation of this measure will reduce the potentially significant impact on air quality
Impact 43-6
Impact 43-6 The Project would generate emissions of criteria pollutants potentially exposing sensitive receptors to harmful pollutant concentrations (OEIR page ES-9)
Mitigation Measure
Mitigation Measure 43-6 Implement Mitigation Measure 43-1
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation ofthis measure will reduce the potentially significant impact on air quality
Biological Resources
Impact 44-1
Impact 44-1 Applicant Project activities could result in potential disturbance or loss of Swainsons hawk and their habitat (OEIR page ES-10)
Mitigation Measure
Mitigation Measure 44-1a Preconstruction Surveys for Swainsons Hawk If Project-related construction or decommissioning activities are planned to occur during the nesting period (March 1 to September 15) the Applicant shall engage a qualified biologist to conduct preconstruction surveys for Swainsons hawk and their nests no more than 14 days before the start of construction or decommissioning activities within 025 mile ofthe Project site where access is available Survey results shall be submitted to CDFG at least three days prior to the start of construction or decommissioning activities If active nests are not identified no further action is required and constructiondecommissioning may proceed If active nests are identified the Applicant shall consult with CDFG to develop and implement suitable avoidance measures consistent with the Staff Report Regarding Mitigation for Impacts to Swainsons
DOCS_N271545_V4_Boa rd_Agenda_Repor1_For_ The_Mchenry _Solar_Farm_Project_7 _26_11 Rev Dec 2010 88
f ID= BOARD RESOLUTION hlY1 IIArlel Walfr and POWir
Hawks in the Central Valley of California (CDFG 1994) To avoid impacting breeding efforts no construction or decommissioning activities shall occur between March land September 15 within 500 feet of an active nest that could cause nest abandonment or forced fledging These buffers may be reduced in consultation with CDFG Depending on conditions specific to each active nest and the relative location and rate of construction or decommissioning activities it may be feasible for such activities to occur as planned within the buffer without impacting the breeding effort In this case (to be determined in consultation with CDFG) the nest(s) shall be monitored by a qualified biologist during construction or decommissioning within the buffer The monitor shall have ltstop work authority If in the professional opinion of the monitor Project activities are negatively affecting the nesting behavior of the bird the monitor shall stop all such activities within the designated buffer Construction or decommissioning activities shall not resume until either the monitor has determined that the young have fledged the nest or as otherwise approved by CDFG With CDFG concurrence construction activities that are initiated outside the nesting season may continue even if raptors choose to nest within 500 feet of work activities Thus work may continue without delay if surveys verify the local absence of nesting raptors or if construction begins outside the nesting period (September 16 to February 28)
Mitigation Measure 44-1b Reduce Construction Noise Levels If it appears that noise or vibration from vibratory post driving associated with Project construction (or other similar noise-generating construction or decommissioning activity) could affect nesting Swainsons hawks that arrive after the start of construction specific measures including but not limited to use of noise dissipaters shall be implemented to reduce noise levels During post driving a noise level of no greater than 85 decibels (measured at the nest) shall be used as general guidance for nests that are established after construction
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation of this measure will reduce the potentially significant impact on biological resources
Impact 44-2
Impact 44-2 MID activities could result in potential disturbance or loss of Swainsons hawk and their habitat (DEIR page ES-10)
Mitigation Measure
Mitigation Measure 44-2 Avian-safe Transmission Line MID Transmission poles should be designed using criteria identified in Avian Power line Interaction Committee (APUC 2006)
OOCS_N271545_V4_Boad_AIlenda_Report]o_ The_Mchenrv_Sola_Farm_Poject_c26_11 Rev Dec 2010 89
Mdes Irrlgbullbulllen BOARD RESOLUTION
DItrid- ~lt1IDwater and Powtr
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation of this measure will reduce the potentially significant impact on biological resources
Impact 44-3 Impact 44-3 Project activities could impact other tree-nesting raptors andor protected nesting migratory birds (DEIR page ES-ll)
Mitigation Measure
Mitigation Measure 44-3 Preconstruction Raptor Surveys (Applicant) If Project-related construction andor decommissioning activities are to occur during the breeding period for nesting raptors andor protected nesting migratory birds (February 1 through August 31) the Applicant shall engage a qualified biologist to conduct preconstruction surveys of all potential habitat within 500 feet of the Project site no more than 14 days prior to the start of construction or decommissioning activities If active nests are not identified no further action is necessary If active nests are identified during preconstruction surveys a no-disturbance buffer shall be created around active raptor nests and nests of other special-status birds during the breeding season or until it is determined by the qualified biologist that all young have fledged Typical buffers are 500 feet for raptors and 250 feet for other nesting birds (eg waterfowl and passerine birds) The size of these buffer zones and types of construction or decommissioning activities allowed in these areas could be further modified in coordination with CDFG and shall be based on existing noise and disturbance levels in the Project area
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implernentation ofthis measure will reduce the potentially significant impact on biological resources
Impact 44-4
Impact 44-4 Project activities could result in potential disturbance or loss of burrowing owls and their habitat (DEIS page ES-ll)
Mitigation Measure
Mitigation Measure 44-4a Preconstruction Burrowing Owl Surveys (Applicant) The Applicant shall engage a qualified biologist to conduct preconstruction surveys for burrowing owls 14 to 30 days prior to the start of construction or decommissioning using the most current CDFG protocol Surveys shall cover grassland areas within a SOO-foot buffer from all Project constructiondecommissioning activities that are within suitable grasslands habitat including checking for adult and juvenile burrowing owls and owl nests If owls are detected during
DOCSN271545V4BoardAgendaReportForTheMchenrvSolarJarmProject72611 Rev Dec 2010 90
WID n BOARD RESOLUTION L bl Dltrld WIIIT Irld Ptlwtt
surveys occupied burrows shall not be disturbed Constructiondecommissioning exclusion areas (eg orange exclusion fence or signage) shall be established around the occupied burrows where no disturbance shall be allowed During the nonbreeding season (September 1 through January 31) the exclusion zone shall extend 160 feet around occupied burrows During the breeding season (February 1 through August 31) exclusion areas shall extend 250 feet around occupied burrows If the above requirements cannot be met passive relocation of onshysite owls may be implemented as an alternative but only during the nonbreeding season and only with prior CDFG approval Passive relocation shall be accomplished by installing one-way doors on the entrances of burrows located within 160 feet ofthe Project area The one-way doors shall be left in place for 48 hours to ensure the owls have left the burrow The burrows shall then be excavated with a qualified biologist present Constructiondecommissioning shall not proceed until the Project area is deemed free of owls by the qualified biologist
Mitigation Measure 44-4b Preconstruction Burrowing Owl Surveys (MID) Prior to construction MID shall conduct pre-construction surveys for burrowing owl for the subtransmissiondistribution line and fiber optic cable alignment These surveys shall be conducted using the most up-to-date CDFG published protocols (eg CDFGs 1995 Staff Report on Burrowing Owl Mitigation) If owls are detected during surveys occupied burrows shall not be disturbed
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation ofthis measure will reduce the potentially significant impact on biological resources
Cultural and Paleontological Resources
Impact 45-1
Impact 45-1 The proposed Project could potentially cause an adverse change in the significance of a unique archaeological resource pursuant to sect150645 (DEIR page ES-12)
Mitigation Measure
Mitigation Measure 45-1 If Cultural Resources are Discovered During Ground-Disturbing Activities Suspend Work until Resource is Evaluated Prior to the initiation of site preparation or start of construction (and subsequently decommissioning) the Applicant shall retain a qualified professional archaeologist to complete an archaeological resources training program for construction workers involved in grading and excavation activities Training shall include
awareness and recognition of archaeological materials and the procedures to follow if
construction crews encounter such materials in the course of earthwork excavation or grading If archaeological resources are encountered all activity within 50 feet of the find shall
cease until it can be evaluated by a qualified archaeologist Prehistoric archaeological materials
DOCS_N27154S_V4_Board_Asenda_Report_For_ The_Mchenry _Sol _fam]roject_7_26_11 Rev Dec 2010 91
Motlesto Irrlatlo~lt1ID BOARD RESOLUTIO N
II DIlrld VialfrantJ PCMl
could include obsidian and chert f1aked~stone tools (eg projectile points knives scrapers) or toolmaking debris culturally darkened soil (ilmidden) containing heat~affected rocks artifacts
or shellfish remains and stone milling equipment (eg mortars pestles handstones or milling slabs) and battered stone tools such as hammerstones and pitted stones Historic~period materials could include stone concrete or adobe footings and walls filled wells or privies and
deposits of metal glass andor ceramic refuse The archaeologist shall notify the Applicant and MID if the resource may be significant An appropriate treatment plan for the resources shall then be developed by the Applicant for approval by MID The archaeologist shall consult with Native American representatives in determining appropriate treatment for prehistoric or Native American cultural resources if discovered In considering any suggested mitigation proposed by the archaeologist the Applicant and MID shall determinewhether avoidance is feasible in light of factors such as the nature of the find project design costs and other considerations If avoidance is not feasible other appropriate measures (eg data recovery) shall be instituted Work may proceed in other parts of the Project site while mitigation for cultural resources in other areas of the site is being carried out
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation ofthis measure will reduce the potentially significant impact on unique archaeological resources
Impact 45-2
Impact 45-2 The proposed Project could potentially destroy a unique paleontological resource or site or unique geologic feature (DEIR page ES-12)
Mitigation Measure
Mitigation Measure 45-2 If Paleontological Resources are Discovered During Ground-Disturbing Activities Suspend Work until Resource is Evaluated Prior to the initiation of site preparation or start of construction (and subsequently decommissioning) the Applicant shall retain a qualified profeSSional paleontologist or a California Registered Professional Geologist (California RPG) with appropriate paleontological expertise as defined by the Society of Vertebrate Paleontologys Conformable Impact Mitigation Guidelines Committee (SVP 1995 Guidelines) to carry out a paleontological resources training program for construction workers involved in grading and excavation activities Training shall include awareness and recognition of potential fossil materials and the procedures to follow if construction crews encounter fossil materials in the course of earthwork excavation or grading If construction crews discover potential fossils all earthwork or other types of ground disturbance within 50 feet of the find shall stop immediately until the qualified professional paleontologist can assess the nature and importance of the find Based on the scientific value or uniqueness of the find the monitor may record the find and allow work to continue or recommend salvage and recovery of the fossil The Applicant shall require the paleontologist to be on-call throughout the duration of ground-disturbing activities
DOCS_N27154S_ V4_Boa rd_Agenda_Report]or_The_Mchenry _Solar ]a_ProjecC7_26_11 Rev Dec 2010 92
ID= BOARD RESOLUTION I 11 DlstrldwIltIdPowt
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation of this measure will reduce the potentially significant impact on paleontological resources
Impact 45-3
Impact 45-3 The proposed Project could potentially disturb any human remains including those interred outside of formal cemeteries (DEIR page ESmiddot13)
Mitigation Measure
Mitigation Measure 45-3 Halt Work if Human Skeletal Remains are Identified During Construction If human skeletal remains are uncovered during Project construction (and subsequently decommissioning) work shall immediately halt within 100 feet of the find The Applicant shall contact the Stanislaus County Coroner to evaluate the remains and shall follow the procedures and protocols set forth in sect150645(e(1) of the CEQA Guidelines If the County Coroner determines that the remains are Native American the Applicant shall contact the Native American Heritage Commission in accordance with Health and Safety Code Section 70505 subdivision (c) and Public Resources Code 509798 (as amended by AB 2641) The Native American Heritage Commission will designate a Most Likely Descendent of the deceased Native American who will provide recommendations as to the future disposition ofthe remains
Finding
The Board finds based on substantjal evidence presented in the record of proceedings that implementation of this measure will reduce the potentially Significant impact on human remains
Greenhouse Gas Emissions
Impact 48-2
Impact 48-2 The Project could conflict with the California Air Resources Boards Climate Change Scoping Plan (DEIR page ES-14)
Mitigation Measure
Mitigation Measure 48-2 Low SF6 Leak Rate Circuit Breaker and Monitoring The applicant shall ensure that the circuit breaker installed at the proposed new substation has a guaranteed SF6 annual leak rate of no more than 05 percent by volume The Applicant shall provide MID with documentation of compliance such as specification sheets prior to installation of the circuit breaker In addition the Applicant shall monitor the SF6middotcontaining circuit breaker at the substation consistent with Scoping Plan Measure H-6 for the detection and repair of leaks
OOCSN271545V4BoarltljgendaReportJo rTheMchenry_SolarJarm_Project72611 Rev Dec 2010 93
~MID
Mst Irrl_60 BOARD RESOLUTION
II District Weltr _rut Pampftl
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation ohhis measure will reduce the potentially significant impact on greenhouse gas emissions
Hazards and Hazardous Materials
Impact 49-2
Impact 49-2 The Project could result in an accidental spill or leak during construction or decommissioning that could release hazardous materials into the environment (DEIR page ESshy14)
Mitigation Measure
Mitigation Measure 49-2 Accidental Spill Prevention and Response Plan The Applicant shall prepare an Accidental Spill Prevention and Response Plan for construction and decommissioning activities for review and approval by Modesto Irrigation District The plan shall identify measures to prevent accidental spills from leaving the site and methods for responding to and cleaning up spills to limit the amount of materials released into the environment Such measures shall include but not be limited to ensuring that absorbent material tarps storage drums and other emergency spill supplies and equipment are kept at the Project site at all times
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation of this measure will reduce the potentially significant impact on hazardous materials
Transportation and Traffic
Impact 417-1
Impact 417-1 Project construction and decommissioning activities could intermittently and temporarily increase traffic congestion due to vehicle trips generated by construction workers and construction vehicles on area roadways (DEIR page ES-16)
Mitigation Measure
Mitigation Measure 417-1a MID Traffic Control Measures During construction and decommissioning of the sub-transmission and distribution lines and fiber optic cable MID shall implement the following traffic mitigation measures from the 2006 PEIR Update (2006 PEIR Update p 10-6)
DOCSN271545V4BoadAgendaRepoCForTheMhenrvSolaFarmProJeet72611 Rev Dolt 2010 94
cIbullbulltomiddot Irrlgatlon BOARD RESOLUTION e DistrIct~lt1ID
Wntr and POwtf
1 MID will coordinate design and construction of program facilities with the agencies with jurisdiction including Caltrans counties cities special districts other utilities and the FAA as required
2 MID will obtain any necessary encroachment permits inspections or other approvals from agencies with jurisdiction
2A MID will obtain any necessary approvals and inspections from agencies with jurisdiction
2B MID shall coordinate the design and construction and shall obtain any necessary permits from the County City or State prior to placing any facilities within the public road rights-of-way of those agencies and shall conform to applicable conditions in the encroachment permit
3 MID will utilize all necessary precautions to minimize safety concerns when working within public road rights-of-way Traffic safety cones construction signage or other measures will be used to alert drivers to construction activities
4 Electrical facilities placed within public rights-of-way will comply with applicable standards for avoiding hazards to drivers pedestrians and bicyclists
Mitigation Measure 417-1bApplicant Construction Traffic Management and Safety Plan Prior to the start of construction (and subsequently decommissioning) of the Project the Applicant shall prepare and implement a Traffic Management and Safety Plan that shall reduce or eliminate impacts associated with the Project The Plan shall adhere to Stanislaus County and Caltrans requirements and shall include at a minimum the following elements
a) Schedule Project-generated construction truck trips on SR 99 SR 108 and SR 219 outside the peak morning and evening commute hours to reduce potential traffic congestion and reduce potentia I for transit delays during the p traffic congestion and reduce potential for transit delays during the peak commute periods
b) Comply with transportation permit requirements of Caltrans and CHP when scheduling Project-generated construction truck trips carrying oversized loads In addition provide preshynotification to local police fire and emergency service providers of the timing location and duration of construction activities that could affect the movement of emergency vehicles on area roadways
c) Place signs (eg Slow Trucks andor Trucks Turning Ahead) along appropriate roads to notify drivers of construction traffic throughout the duration of the constructionperiodeak commute periods
DOCSN271545V4Boord_AgendaReportJorThe_MchenrySolaFa rmProject72611 Rev Dec 2010 95
IDn BOARD RESOLUTION~ -bl Dstrld Water lila POwtr
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation ofthis measure will reduce the potentially significant impact on traffic and transportation
Impact 417-3
Impact 417-3 Project construction and decommissioning activities could substantially increase traffic hazards due to construction in or adjacent to roads (DEIR page ES-17)
Mitigation Measure
Mitigation Measure 417-3 Implement Mitigation Measures 417-1a and 417-1b
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation of this measure will reduce the potentially significant impact on traffic and transportation
Impact 417-4
Impact 417-4 The Project could result in inadequate emergency access (DEIR page ES-17)
Mitigation Measure
Mitigation Measure 417-4 Develop an Emergency Access Plan for the Site The Applicant shall develop and implement an Emergency Access Plan which shall include evacuation routes and strategies to ensure accessibility and mobility for project area and emergency vehicles AdditionaI measures include developing an emergency action plan that identifies roles and responsibilities during emergencies and to update the plan regularly
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation of this measure will reduce the potentially significant impact on emergency access
VIII PROJECT ALTERNATIVES
The McHenry Solar Farm Project EIR is a project-specific ErR that evaluated a more than a dozen alternative locations to the proposed site three alternative sub-transmission line interconnection points for the proposed site three alternative solar technologies concentrated solar parabolic trough concentrated solar power tower and thin-film PV and two alternative approaches to the proposed generation of solar energy conservation and demand side management and distributed generation solar Table 1 lists the alternatives that were considered as well as which ones passed and the others that failed the screening analysis that was performed In addition the No Project Alternative was conSidered
DOCSN271545 V4BoardAgend bullbullReporCFor TheMchenry SolarFarmProJect72611 Rev Dec 2010
bull
96
~IDn BOARD RESOLUTION bJlTI District Waterlnd Power
The Final EIR presented the analysis for rejecting the alternative sites The Board independently evaluated this analysis and concurs in the analysis and conclusions presented The answering of the key question (See CEQA Guidelines Section 151266f)(2)A)) the Board finds that the Project does not cause any significant
environmental effect that is not reduced to less than significant with mitigation measures Never the lessl the EIR opted to address alternative sites
Various public comments offered generalized comments on alternatives sites No substantial evidence was presented regarding the feasibility of such sites or the reasonable ability of the Applicant to acquire the sitesl
and substantial evidence was not presented that these alternative sites would lessen all ofthe Projects significant effects to less than significant
DOCS_N271545_V4_Board_Ai n_ReporCFor _The_Mchenry _SolacFarm_Project_7 _26_11 Rev Dec 2010 97
COPIES OF THE DRAFT AND FINAL ENVIRONMENTALIMPACT REPORT AND ARE AVAILABLE FOR REVIEW ATTHE COUNTY PLANNING DEPARTMENT OFFICE OR VIATHE INTERNET AThttpwwwstancountycomplanningplagenda-min-2011shtm HARD COPIES OF ALL EIR DOCUMENTS REFERENCED INTHIS REPORT HAVE BEEN PROVIDED TO EACH MEMBEROF THE PLANNING COMMISSION
98
Executive Summary
McHenry Solar Project ES-8 May 2011 Draft Environmental Impact Report
TABLE ES-1 SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Aesthetics Visual Quality and Light and Glare
Impact 41-1 The Project could degrade the existing visual character or quality of the site and its surroundings
Less than Significant
None required
Impact 41-2 The Project would create a new source of light or glare which could adversely affect daytime or nighttime views in the area
Potentially Significant
Mitigation Measure 41-2 Nighttime Construction Lighting Nighttime construction lighting if required shall be shielded and oriented downward to minimize effects on any nearby receptors Lighting shall be directed toward active construction areas only and shall have the minimum brightness necessary to ensure worker safety
Less than Significant
Agriculture and Forest Resources
Impact 42-1 The Project would temporarily discontinue the current exclusive agricultural use (row crops) of Prime Farmland to a mix of agricultural use (grazing) and non-agricultural use
Less than Significant
None required
Air Quality
Impact 43-1 Construction and decommissioning activities would generate emissions of criteria pollutants including suspended and inhalable particulate matter and equipment exhaust emissions
Potentially Significant
Mitigation Measure 43-1 Implement Dust Control Measures The Applicant shall submit a Dust Control Plan to the APCO for approval prior to start of construction (and subsequently decommissioning) activities The Plan shall cover both Applicant and MID activities and shall require implementation of the following dust control measures
All disturbed areas including storage piles that are not being actively used for construction purposes shall be effectively stabilized of dust emissions using water chemical stabilizersuppressant covered with a tarp or other suitable cover or vegetative ground cover
All on-site unpaved roads and off-site unpaved access roads shall be effectively stabilized of dust emissions using water or chemical stabilizersuppressant
All land clearing grubbing scraping excavation land leveling grading cut and fill and demolition activities shall be effectively controlled of fugitive dust emissions using application of water or by presoaking
When materials are transported off-site all material shall be covered or effectively wetted to limit visible dust emissions and at least six inches of freeboard space from the top of the container shall be maintained
Limit or expeditiously remove trackout (ie accumulation of mud or dirt from Project-related vehicle tires) from adjacent public streets near the Project access points Trackout shall be immediately removed from public streets when it extends 50 or more feet from the Project access points otherwise trackout shall be removed at the end of each workday (The use of dry rotary brushes is expressly prohibited except where preceded or accompanied by sufficient wetting to limit the visible dust emissions)(Use of blower devices is expressly forbidden)
Less than Significant
99
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-9 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Air Quality (cont)
Impact 43-1 (cont) Following the addition of materials to or removal of materials from the surface of outdoor storage piles said piles shall be effectively stabilized of fugitive dust emissions using sufficient water or chemical stabilizersuppressant
Limit traffic speed on unpaved on-site roads to 15 mph
Install sandbags or other erosion control measures to prevent silt runoff to public roadways from sites with a slope greater than one percent
Install windbreaks at windward side(s) of construction areas
Suspend excavation and grading activity when winds exceed 20 mph
Impact 43-2 Operation of the Project would generate exhaust emissions of criteria pollutants from routine operations
Less than Significant
None required
Impact 43-3 The Project could result in permanently disturbed land that would serve as a source of fugitive dust emissions
Less than Significant
None required
Impact 43-4 Construction and decommissioning emissions associated with the Project could result in emissions of ozone precursors and particulate matter that would be cumulatively considerable
Potentially Significant
Mitigation Measure 43-4 Implement Mitigation Measure 43-1 Less than Significant
Impact 43-5 Operation and maintenance of the Project could generate emissions of criteria pollutants that would be cumulatively considerable
Less than Significant
None required
Impact 43-6 The Project would generate emissions of criteria pollutants potentially exposing sensitive receptors to harmful pollutant concentrations
Potentially Significant
Mitigation Measure 43-6 Implement Mitigation Measure 43-1 Less than Significant
Impact 43-7 The Project would generate emissions of Toxic Air Contaminants potentially exposing sensitive receptors to harmful pollutant concentrations
Less than Significant
None required
100
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-10 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Biological Resources
Impact 44-1 Applicant Project activities could result in potential disturbance or loss of Swainsonrsquos hawk and their habitat
Potentially Significant
Mitigation Measure 44-1a Preconstruction Surveys for Swainsonrsquos Hawk If Project-related construction or decommissioning activities are planned to occur during the nesting period (March 1 to September 15) the Applicant shall engage a qualified biologist to conduct preconstruction surveys for Swainsonrsquos hawk and their nests no more than 14 days before the start of construction or decommissioning activities within 025 mile of the Project site where access is available Survey results shall be submitted to CDFG at least three days prior to the start of construction or decommissioning activities If active nests are not identified no further action is required and constructiondecommissioning may proceed If active nests are identified the Applicant shall consult with CDFG to develop and implement suitable avoidance measures consistent with the Staff Report Regarding Mitigation for Impacts to Swainsonrsquos Hawks in the Central Valley of California (CDFG 1994) To avoid impacting breeding efforts no construction or decommissioning activities shall occur between March 1 and September 15 within 500 feet of an active nest that could cause nest abandonment or forced fledging These buffers may be reduced in consultation with CDFG
Depending on conditions specific to each active nest and the relative location and rate of construction or decommissioning activities it may be feasible for such activities to occur as planned within the buffer without impacting the breeding effort In this case (to be determined in consultation with CDFG) the nest(s) shall be monitored by a qualified biologist during construction or decommissioning within the buffer The monitor shall have ldquostop workrdquo authority If in the professional opinion of the monitor Project activities are negatively affecting the nesting behavior of the bird the monitor shall stop all such activities within the designated buffer Construction or decommissioning activities shall not resume until either the monitor has determined that the young have fledged the nest or as otherwise approved by CDFG
With CDFG concurrence construction activities that are initiated outside the nesting season may continue even if raptors choose to nest within 500 feet of work activities Thus work may continue without delay if surveys verify the local absence of nesting raptors or if construction begins outside the nesting period (September 16 to February 28)
Less than Significant
Mitigation Measure 44-1b Reduce Construction Noise Levels If it appears that noise or vibration from vibratory post driving associated with Project construction (or other similar noise-generating construction or decommissioning activity) could affect nesting Swainsonrsquos hawks that arrive after the start of construction specific measures including but not limited to use of noise dissipaters shall be implemented to reduce noise levels During post driving a noise level of no greater than 85 decibels (measured at the nest) shall be used as general guidance for nests that are established after construction
Impact 44-2 MID activities could result in potential disturbance or loss of Swainsonrsquos hawk and their habitat
Potentially Significant
Mitigation Measure 44-2 Avian-safe Transmission Line (MID) Transmission poles should be designed using criteria identified in Avian Power Line Interaction Committee (APLIC 2006)
Less than Significant
101
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-11 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Biological Resources (cont)
Impact 44-3 Project activities could impact other tree-nesting raptors andor protected nesting migratory birds
Potentially Significant
Mitigation Measure 44-3 Preconstruction Raptor Surveys (Applicant) If Project-related construction andor decommissioning activities are to occur during the breeding period for nesting raptors andor protected nesting migratory birds (February 1 through August 31) the Applicant shall engage a qualified biologist to conduct preconstruction surveys of all potential habitat within 500 feet of the Project site no more than 14 days prior to the start of construction or decommissioning activities If active nests are not identified no further action is necessary If active nests are identified during preconstruction surveys a no-disturbance buffer shall be created around active raptor nests and nests of other special-status birds during the breeding season or until it is determined by the qualified biologist that all young have fledged Typical buffers are 500 feet for raptors and 250 feet for other nesting birds (eg waterfowl and passerine birds) The size of these buffer zones and types of construction or decommissioning activities allowed in these areas could be further modified in coordination with CDFG and shall be based on existing noise and disturbance levels in the Project area
Less than Significant
Impact 44-4 Project activities could result in potential disturbance or loss of burrowing owls and their habitat
Potentially Significant
Mitigation Measure 44-4a Preconstruction Burrowing Owl Surveys (Applicant) The Applicant shall engage a qualified biologist to conduct preconstruction surveys for burrowing owls 14 to 30 days prior to the start of construction or decommissioning using the most current CDFG protocol Surveys shall cover grassland areas within a 500-foot buffer from all Project constructiondecommissioning activities that are within suitable grasslands habitat including checking for adult and juvenile burrowing owls and owl nests If owls are detected during surveys occupied burrows shall not be disturbed
Constructiondecommissioning exclusion areas (eg orange exclusion fence or signage) shall be established around the occupied burrows where no disturbance shall be allowed During the nonbreeding season (September 1 through January 31) the exclusion zone shall extend 160 feet around occupied burrows During the breeding season (February 1 through August 31) exclusion areas shall extend 250 feet around occupied burrows
If the above requirements cannot be met passive relocation of on-site owls may be implemented as an alternative but only during the nonbreeding season and only with prior CDFG approval Passive relocation shall be accomplished by installing one-way doors on the entrances of burrows located within 160 feet of the Project area The one-way doors shall be left in place for 48 hours to ensure the owls have left the burrow The burrows shall then be excavated with a qualified biologist present Constructiondecommissioning shall not proceed until the Project area is deemed free of owls by the qualified biologist
Less than Significant
Mitigation Measure 44-4b Preconstruction Burrowing Owl Surveys (MID) Prior to construction MID shall conduct pre-construction surveys for burrowing owl for the sub-transmissiondistribution line and fiber optic cable alignment These surveys shall be conducted using the most up-to-date CDFG published protocols (eg CDFGs 1995 Staff Report on Burrowing Owl Mitigation) If owls are detected during surveys occupied burrows shall not be disturbed
102
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-12 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Cultural and Paleontological Resources
Impact 45-1 The proposed Project could potentially cause an adverse change in the significance of a unique archaeological resource pursuant to sect150645
Potentially Significant
Mitigation Measure 45-1 If Cultural Resources are Discovered During Ground-Disturbing Activities Suspend Work until Resource is Evaluated Prior to the initiation of site preparation or start of construction (and subsequently decommissioning) the Applicant shall retain a qualified professional archaeologist to complete an archaeological resources training program for construction workers involved in grading and excavation activities Training shall include awareness and recognition of archaeological materials and the procedures to follow if construction crews encounter such materials in the course of earthwork excavation or grading If archaeological resources are encountered all activity within 50 feet of the find shall cease until it can be evaluated by a qualified archaeologist Prehistoric archaeological materials could include obsidian and chert flaked-stone tools (eg projectile points knives scrapers) or toolmaking debris culturally darkened soil (ldquomiddenrdquo) containing heat-affected rocks artifacts or shellfish remains and stone milling equipment (eg mortars pestles handstones or milling slabs) and battered stone tools such as hammerstones and pitted stones Historic-period materials could include stone concrete or adobe footings and walls filled wells or privies and deposits of metal glass andor ceramic refuse The archaeologist shall notify the Applicant and MID if the resource may be significant An appropriate treatment plan for the resources shall then be developed by the Applicant for approval by MID The archaeologist shall consult with Native American representatives in determining appropriate treatment for prehistoric or Native American cultural resources if discovered
In considering any suggested mitigation proposed by the archaeologist the Applicant and MID shall determine whether avoidance is feasible in light of factors such as the nature of the find project design costs and other considerations If avoidance is not feasible other appropriate measures (eg data recovery) shall be instituted Work may proceed in other parts of the Project site while mitigation for cultural resources in other areas of the site is being carried out
Less than Significant
Impact 45-2 The proposed Project could potentially destroy a unique paleontological resource or site or unique geologic feature
Potentially Significant
Mitigation Measure 45-2 If Paleontological Resources are Discovered During Ground-Disturbing Activities Suspend Work until Resource is Evaluated Prior to the initiation of site preparation or start of construction (and subsequently decommissioning) the Applicant shall retain a qualified professional paleontologist or a California Registered Professional Geologist (California RPG) with appropriate paleontological expertise as defined by the Society of Vertebrate Paleontologyrsquos Conformable Impact Mitigation Guidelines Committee (SVP 1995 Guidelines) to carry out a paleontological resources training program for construction workers involved in grading and excavation activities Training shall include awareness and recognition of potential fossil materials and the procedures to follow if construction crews encounter fossil materials in the course of earthwork excavation or grading If construction crews discover potential fossils all earthwork or other types of ground disturbance within 50 feet of the find shall stop immediately until the qualified professional paleontologist can assess the nature and importance of the find Based on the scientific value or uniqueness of the find the monitor may record the find and allow work to continue or recommend salvage and recovery of the fossil The Applicant shall require the paleontologist to be ldquoon-callrdquo throughout the duration of ground-disturbing activities
Less than Significant
103
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-13 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Cultural and Paleontological Resources (cont)
Impact 45-3 The proposed Project could potentially disturb any human remains including those interred outside of formal cemeteries
Potentially Significant
Mitigation Measure 45-3 Halt Work if Human Skeletal Remains are Identified During Construction If human skeletal remains are uncovered during Project construction (and subsequently decommissioning) work shall immediately halt within 100 feet of the find The Applicant shall contact the Stanislaus County Coroner to evaluate the remains and shall follow the procedures and protocols set forth in sect150645(e)(1) of the CEQA Guidelines If the County Coroner determines that the remains are Native American the Applicant shall contact the Native American Heritage Commission in accordance with Health and Safety Code Section 70505 subdivision (c) and Public Resources Code 509798 (as amended by AB 2641) The Native American Heritage Commission will designate a Most Likely Descendent of the deceased Native American who will provide recommendations as to the future disposition of the remains
Less than Significant
Energy Conservation
Impact 46-1 The construction operation and maintenance and decommissioning of the Project could result in consumption of energy
Less than Significant
None required
Impact 46-2 Construction operation and maintenance and decommissioning of the Project would require use of transportation energy
Less than Significant
None required
Impact 46-3 The Projectrsquos overall use of efficient transportation alternatives would be limited
Less than Significant
None required
Geology and Soils
Impact 47-1 The Project could expose people or structures to potential adverse effects including the risk of loss injury or death involving strong seismic ground shaking and earthquake-induced ground failure (such as liquefaction and lateral spreading)
Less than Significant
None required
Impact 47-2 The Project could result in soil erosion or loss of topsoil
Less than Significant
None required
Impact 47-3 The Project could be located on expansive soil as defined in Table 18-1-B of the Uniform Building Code (1994) creating risks to life or property
Less than Significant
None required
104
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-14 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Geology and Soils (cont)
Impact 47-4 The Project site could have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater
Less than Significant
None required
Greenhouse Gas Emissions
Impact 48-1 The Project would result in emissions of greenhouse gases that would contribute to global climate change
Less than Significant
None required
Impact 48-2 The Project could conflict with the California Air Resources Boardrsquos Climate Change Scoping Plan
Potentially Significant
Mitigation Measure 48-2 Low SF6 Leak Rate Circuit Breaker and Monitoring The Applicant shall ensure that the circuit breaker installed at the proposed new substation has a guaranteed SF6 annual leak rate of no more than 05 percent by volume The Applicant shall provide Modesto Irrigation District with documentation of compliance such as specification sheets prior to installation of the circuit breaker In addition the Applicant shall monitor the SF6-containing circuit breaker at the substation consistent with Scoping Plan Measure H-6 for the detection and repair of leaks
Less than Significant
Hazards and Hazardous Materials
Impact 49-1 Project construction decommissioning and operationmaintenance could create a hazard to the public or the environment through the routine transport use or disposal of hazardous materials
Less than Significant
None required
Impact 49-2 The Project could result in an accidental spill or leak during construction or decommissioning that could release hazardous materials into the environment
Potentially Significant
Mitigation Measure 49-2 Accidental Spill Prevention and Response Plan The Applicant shall prepare an Accidental Spill Prevention and Response Plan for construction and decommissioning activities for review and approval by Modesto Irrigation District The plan shall identify measures to prevent accidental spills from leaving the site and methods for responding to and cleaning up spills to limit the amount of materials released into the environment Such measures shall include but not be limited to ensuring that absorbent material tarps storage drums and other emergency spill supplies and equipment are kept at the Project site at all times
Less than Significant
Hydrology and Water Quality
Impact 410-1 The Project could potentially degrade water quality such that it could violate water quality standards or waste discharge requirements
Less than Significant
None required
105
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-15 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Hydrology and Water Quality (cont)
Impact 410-2 The Project could alter the existing drainage pattern of the site in a manner that could result in erosion or sedimentation on- or off-site or which could contribute to flooding
Less than Significant
None required
Impact 410-3 The Project could create or contribute runoff water that could exceed the capacity of existing or planned stormwater drainage systems or provide additional sources of polluted runoff
Less than Significant
None required
Impact 410-4 The Project could expose people or structures to a risk of loss injury or death involving flooding including flooding as a result of the failure of a levee or dam
Less than Significant
None required
Land Use and Planning
The Project would have no impacts in this resource area
Mineral Resources
The Project would have no impacts in this resource area
Noise
Impact 413-1 Project-related post driving would result in exposure of persons to groundborne vibration
Less than Significant
None required
Impact 413-2 Operation and maintenance of the Project would increase local ambient noise levels
Less than Significant
None required
Impact 413-3 Project construction and decommissioning activities would temporarily increase local ambient noise levels
Less than Significant
None required
Population and Housing
The Project would have no impacts in this resource area
106
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-16 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Public Services
The Project would have no impacts in this resource area
Recreation
The Project would have no impacts in this resource area
Transportation and Traffic
Impact 417-1 Project construction and decommissioning activities could intermittently and temporarily increase traffic congestion due to vehicle trips generated by construction workers and construction vehicles on area roadways
Potentially Significant
Mitigation Measure 417-1a MID Traffic Control Measures During construction and decommissioning of the sub-transmission and distribution lines and fiber optic cable MID shall implement the following traffic mitigation measures from the 2006 PEIR Update (2006 PEIR Update p 10-6)
1 MID will coordinate design and construction of program facilities with the agencies with jurisdiction including Caltrans counties cities special districts other utilities and the FAA as required
2 MID will obtain any necessary encroachment permits inspections or other approvals from agencies with jurisdiction
2A MID will obtain any necessary approvals and inspections from agencies with jurisdiction
2B MID shall coordinate the design and construction and shall obtain any necessary permits from the County City or State prior to placing any facilities within the public road rights-of-way of those agencies and shall conform to applicable conditions in the encroachment permit
3 MID will utilize all necessary precautions to minimize safety concerns when working within public road rights-of-way Traffic safety cones construction signage or other measures will be used to alert drivers to construction activities
4 Electrical facilities placed within public rights-of-way will comply with applicable standards for avoiding hazards to drivers pedestrians and bicyclists
Less than Significant
Mitigation Measure 417-1b Applicant Construction Traffic Management and Safety Plan Prior to the start of construction (and subsequently decommissioning) of the Project the Applicant shall prepare and implement a Traffic Management and Safety Plan that shall reduce or eliminate impacts associated with the Project The Plan shall adhere to Stanislaus County and Caltrans requirements and shall include at a minimum the following elements
a) Schedule Project-generated construction truck trips on SR 99 SR 108 and SR 219 outside the peak morning and evening commute hours to reduce potential traffic congestion and reduce potential for transit delays during the peak commute periods
107
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-17 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Transportation and Traffic (cont)
Impact 417-1 (cont) b) Comply with transportation permit requirements of Caltrans and CHP when scheduling Project-generated construction truck trips carrying oversized loads In addition provide pre-notification to local police fire and emergency service providers of the timing location and duration of construction activities that could affect the movement of emergency vehicles on area roadways
c) Place signs (eg ldquoSlow Trucksrdquo andor ldquoTrucks Turning Aheadrdquo) along appropriate roads to notify drivers of construction traffic throughout the duration of the construction period
Impact 417-2 The Project could conflict with established congestion management programs on affected roads or highways
Less than Significant
None required
Impact 417-3 Project construction and decommissioning activities could substantially increase traffic hazards due to construction in or adjacent to roads
Potentially Significant
Mitigation Measure 417-3 Implement Mitigation Measures 417-1a and 417-1b Less than Significant
Impact 417-4 The Project could result in inadequate emergency access
Potentially Significant
Mitigation Measure 417-4 Develop an Emergency Access Plan for the Site The Applicant shall develop and implement an Emergency Access Plan which shall include evacuation routes and strategies to ensure accessibility and mobility for project area and emergency vehicles Additional measures include developing an emergency action plan that identifies roles and responsibilities during emergencies and to update the plan regularly
Less than Significant
Utilities and Service Systems
Impact 418-1 The proposed Project would require or result in the construction of new stormwater drainage facilities the construction of which could cause significant environmental effects
Less than Significant
None required
108
109
110
REFERRED TO
YE
S
NO
WILL NOT
HAVE
SIGNIFICANT
IMPACT
MAY HAVE
SIGNIFICANT
IMPACT
NO COMMENT
NON CEQA YE
S
NO
YE
S
NO
AGRICULTURE COMMISSIONER X
AIRPORT LAND USE COMMISSION X
ALLIANCE X
BUILDING PERMITS DIVISION X X X
CALTRANS DISTRICT 10 X
CHIEF EXECUTIVE OFFICE X
CITY OF RIVERBANK X
COOPERATIVE EXTENSION X
CORPS OF ENGINEERS X
COUNTY COUNSEL X
ENVIRONMENTAL RESOURCES X X X
FIRE PROTECTION DIST STANISLAUS
CONSOLIDATED X X X
FISH amp GAME DEPT OF X
HAZARDOUS MATERIALS X
IRRIGATION DISTRICT MODESTO X X X
LAFCO X
MODESTO REGIONAL FIRE AUTHORITY FPB X
MOSQUITO DISTRICT EASTSIDE X
MT VALLEY EMERGENCY MEDICAL X
PACIFIC GAS amp ELECTRIC X
PUBLIC WORKS X X X
REGIONAL WATER QUALITY CONTROL X
SAN JOAQUIN VALLEY APCD X
SCHOOL DISTRICT 1 MODESTO X X X
SCHOOL DISTRICT 2 STANISLAUS X
SHERIFF X
StanCOG X
STANISLAUS COUNTY FARM BUREAU X
STANISLAUS ERC X
STATE CLEARINGHOUSE X
STATE LANDS COMMISSION X
SUPERVISORIAL DISTRICT 4 MONTEITH X
SURROUNDING LAND OWNERS
TELEPHONE COMPANY ATampT X
UNITED STATES MILITARY AGENCIES (SB 1462) (5 agencies) X
US FISH amp WILDLIFE X
X
X
SUMMARY OF RESPONSES FOR USE PERMIT REVIEW REFERRALS
RESPONDED RESPONSEMITIGATION
MEASURESCONDITIONS
PROJECT USE PERMIT APPLICATION NO 2011-10 - McHENRY SOLAR FARM
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
RESPONSIBLE
AGENCY REFERRAL
PUBLIC HEARING
NOTICE
X
X
X
X
X
X
X
X
X
111
rID BOARD RESOLUTION 1 Dlstrid Wltetllld Pcwtr
days) Local solar power would also avoid line losses associated with transmitting electricity over long distances from remote sources
The Applicant and MID are proposing the Project as an economically viable source of clean renewable electricity generation that helps meet Californias growing demand for power fulfills numerous state and national renewable energy policies and goals and provides important geographic and source diversity for MIDs energy portfolio
II BACKGROUND
Environmental Science Associates (ESA) acted as consultant to Solar Star for the purpose of preparing the appropriate environmental document (the Environmental Impact Report [EIR]) pursuant to the requirements of the California Environmental Quality Act (CEQA)
CH2M HILL acted as consultant to MID for the purpose of providing a third-party independent review of the EIR that was prepared for the project These Findings are prepared pursuant to CEQA
On December 6 2010 MID published and distributed a Notice of Preparation (NaP) to advise interested local regional and State agencies Native American tribal organizations and interested public that an EIR would be prepared for the proposed Project The Nap solicited both written and verbal comments on the EIRs scope during a 30-day comment period
A Draft Environmental Impact Report (DEIR) was prepared and distributed to interested parties and potentially affected agencies and organizations on May 18 2011 Public Notices for the DEIR and a public meeting was published in the Modesto Bee on June 9 and 152011 The public meeting took place June 16 2011 at MIDs downtown offices The review period for the DEIR ended on July 5 2011 Comments received on the DEIR prompted only minor changes to the text of the DEIR and resulted in no changes to the conclusions presented in the DEIR
The Final EIR was distributed on July 15 2011 The Board of Directors of MID considered the Final fiR for the McHenry Solar Farm Project at a noticed public hearing held on July 26 2011 At the hearing the Board of Directors of MID took the following actions
bull Certified the Final Environmental Impact Report for the McHenry Solar Farm Project as adequate and complete
bull Adopted the Mitigation Monitoring Plan and Findings of Fact for the Project
III RECORD OF PROCEEEDINGS
For the purpose of compliance with CEQA and its requirements for Findings the record of proceedings for the project is comprised as follows
1 The Initial Study prepared for the project
2 The Notice of Preparation and all other public notices issued by MID in conjunction with the project
3 All responses to the EIR Notice of Preparation
DOCS_N271545_V4_Boad_Agenda_ReportJor_The_Mdnry _Sol _Farm_Poject_7_26_11 Rev Dec 2010 81
BOARD RESOLUTION
4 All public meeting notes and presentations
5 The DEIR including all technical appendices
6 All comments submitted by agencies or members of the public during the public comment period on the Draft EIR and responses to those comments
7 The Final EIR prepared for the project
8 The Mitigation Monitoring Plan developed for the project
9 Written documentation and maps All staff reports memoranda maps letters meeting minutes or other documents that were prepared for or reviewed by the Board of Directors for MID
10 All testimonYdocuments and other evidence presented by MID relating to the project
11 All documents submitted to MID by agencies or members of the public in connection with the project
12 Minutes of all public meetings held by MID in connection with ~he project
13 Matters of common knowledge to the Board of Directors of MID including but not limited to
a) Stanislaus County General Plan and Zoning Code
All items listed above are in the custody of Modesto Irrigation District 1231 Eleventh Street Modesto CA 95354
IV FINDINGS REQUIRED UNDER CEQA
To the extent that a project is subject to CEQA a public agency may not approve the project as proposed if feasible mitigation measures or feasible alternatives are available that would substantially lessen the projects significant environmental effects (Pub Resources Code sect21002) Based on Section 21002 both the California Resources Agency and the States courts have recognized that in approving projects with significant environmental effects public agencies have an obligation to modify the project to the extent feasible to substantially lessen or avoid such effects (CEQA Guidelines sect 15002 subd (a)3) 15021 subd (a)2) Sierra Club v Gilroy City Council (1990) 22 CalApp3d 30 41 [271 Cal Rptr393])
Public Resources Code Section 210611 defines feasible to mean capable of being accomplished in a successful manner within a reasonable period oftime taking into account economic enVironmental social and technological factors CEQA Guidelines Section 15364 adds another factor legal considerations See also Citizens of Goleta Valley v Board of Supervisors (Goleta 11) (1990) 52 Cal3d 553565 [276 CalRptr 410]) An agency may reject mitigation measures or environmentally superior alternatives as being infeasible if they frustrate the objectives of a proposed project (See City of Del Mar v City of San Diego (1982) 133 CalApp3d 410416-417 [183 CalRptr 898 Seguovah Hills Homeowners Association v City of Oakland (1993) 23 CalAppAth 704 715 [29 Cal Rptr2d 182])
DOCS_N271545_V4_Board_Agenda_ReportJor_The_Mchenry_SolarJarm]roject_7_26_11 Rev Dec 2010 82
Moto Irrigation BOARD RESOLUTION~lt1ID II District
WattralUtPOWott
The obligation to substantially lessen or avoid significant effects where feasible is implemented in part through the adoption of CEQA findings as mandated by Public Resources Code sect21081 The parallel section in the CEQA Guidelines is sect15091 which provides that before an agency can approve a project for which an EIR has identified significant environmental effects the agency must first adopt one or more findings for each [such] significant effect For each effect the agencys findings must reach one or more of three permissible conclusions
The first possible finding IS that changes or alterations have been required in or incorporated into the project which avoid or substantially lessen the significant environmental effect as identified in the final ErR (CEQA Guidelines sect15091 subd (a)(1))
The second permissible finding is that (s)uch changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding Such changes have been adopted by such other agency or can and should be adopted by such other agency (CEQA Guidelines sect15091 subd (a)(2))
As to the third permissible conclusion CEQA Guidelines sect15091 no longer exactly tracks the statutory language ofPublic Resources Code sect21081 subdivision (a)(3) which was amended in 1993 and again in 1994 The amended statute provides that the third permissible conclusion is that (s)pecific economic legal social technological or other considerations including provision of employment opportunities for highly trained workers make infeasible the mitigation measures or project alternatives identified in the ErR (Pub Resources Code sect21081 subd (a)(3) see also CEQA Guidelines sect15091 subd (a)(3))
The CEQA Guidelines do not define the difference between avoiding a significant environmental effect and merely substantially lessening such an effect MID must therefore glean the meaning of these terms from the other contexts in which the terms are used Public Resources Code section 21081 on which CEQA Guidelines section 15091 is based uses the term mitigate rather that substantially lessen Such an understanding ofthe statutory term is consistent with Public Resources Code sect21002 which as noted earlier uses the terms substantially lessen and avoid but does not use the word mitigate
For purposes of these findings the term avoid refers to the effectiveness of one or more mitigation measure to reduce an otherwise significant effect to a less than significant level In contrast the term substantially lessen refers to the effectiveness of such a measure or measure to substantially reduce the severity of a significant effect but not to reduce that effect to a less than significant level
Although CEQA Guidelines Section 15091 requires only that approving agencies specify that a particular significant effect is avoid[ed] or substantially lessen[edJ these findings for purposes of clarity in each case will specify whether the effect in question has been avoided (Ie reduced to a less than significant levels) or has simply been substantially lessened but remains significant
In seeking to effectuate the substantive policy of CEQA to substantially lessen or avoid significant environmental effects to the extent feaSible an agency in adopting findings need not necessarily address the feasibility of both mitigation measures and environmentally superior alternatives when contemplating approval of a proposed project with significant impacts Where a significant impact can
DOCS_N271545_V4_Boaro_Agenda_ReportJor _The_Mchenry _Solar_Farl11_ProjecC7_26_11 Rev Dec 2010 83
BOARD RESOLUTION
be mitigated to an acceptable level solely by the adoption of a feasible mitigation measure or measures the agency in drafting its findings has no obligation even to consider the feasibility of any environmentally superior alternative that could also substantially lessen or avoid that same impactshyeven ifthe alternative would render the impact less severe than would the proposed project as mitigated (laurel Hills Homeowners Associated v City Council (1978) 83 Ca1App3d515 521 [147 CalRptr 842] see also Kings County Farm Bureau v City of Hanford (1990) 221 CalApp3d 692 730shy731 [270 CalRptr 650] and laurel Heights Improvement Associated v Regents ofthe University of California (Laurel Heights I) (1988)47 Cal 3d 376 400-403 [253 CalRptr 426])
In these findings MID first addresses the extent to which each significant environmental effect can be substantially lessened or avoided through the adoption of feasible mitigation measures MID also addresses the extent to which alternatives described in the EIR are (i) environmentally superior and (ii) feasible within the meaning of CEQA
In cases in which a projects significant effects cannot be mitigated or avoided an agency after adopting proper findings may nevertheless approve the project if it first adopts a statement of overriding considerations setting forth the specific reasons why the agency found that the benefits of the project outweigh the significant effects on the environment (Pub Resources Code sect21081 subd (b) see also CEQA Guidelines sectsect15093 15043 subd (b)) In this case all impacts have been mitigated sufficiently so that a statement of overriding considerations is not needed
The California Supreme Court has stated that (t)he wisdom of approvingany development project a delicate task which requires a balancing of interests is necessarily left to the sound discretion of the local officials and their constituents who are responsible for such decisions The law as we interpret and apply it simply requires that those decisions be informed and therefore balanced (Goleta II supra 52 Cal 3d at 576 [276 CalRptr 410])
V LEGAL EFFECT OF FINDINGS
To the extent that these Findings conclude that proposed mitigation measures outlined in the Draft and Final EIR are feasible and have not been modified superseded or withdrawn MID hereby binds the Applicant and any other responsible parties to implement those measures
These Findings in other words are not merely informational or hortatory but constitute a binding set of obligations that will come into effect when MID adopts the resolution(s) andor ordinance(s) approving the Project (Pub Resources Code sect210816 subd (b)) In addition the adopted mitigation measures are conditions of approval
VI MITIGATION MONITORING PLAN
As required by Public Resources Code sect210816 subd (a)(I) MID in adopting these Findings also adopts a Mitigation Monitoring Plan (MMP) The MMP is designed to ensure that during Project implementation MID and any other responsible parties comply with the feasible mitigation measures identified below The plan is described in the document entitled Mitigation Monitoring Plan (which is included in Chapter 10 of the Draft EIR)
DOCS_N271S45_V4_Board_Agenda_ReportJor _The_Mchenry _Solar_Farm_ProJecC7 _26_11 Rev )ec2010 84
Jf ID =11 BOARD RESOLUTION~ -hf Dlstrld Wattrand Power
The MMP that the Board of Directors for MID will adopt with these Findings of Fact contains the Draft EIR verbatim mitigation measures (the mitigation measures were not changed in the Final EIR) The mitigation measures in the MMP are referenced to the mitigation measures contained herein in Section VII
VII SIGNIFICANT ADVERSE IMPACTS AND MITIGATION MEASURES
For all of the environmental resources that were evaluated in the EIR there were some impacts that were considered less Than Significant and other impacts within the same environmental resource were considered either Potentially Significant No impacts were deemed Significant These Findings do not address resource issues that were determined to have No Impact Resources for which No Impacts were determined include land Use and Planning Mineral Resources Population and Housing Public Services and Recreation
Less-than-Significant Impacts These Findings do not address impacts that are considered less than significant prior to mitigation The lessshythan-significant impacts are not addressed in these Findings Impacts were found to be less than significant for Agriculture and Forest Resources Energy Conservation Geology and Soils Hydrology and Water Quality Noise and Utilities and Service Systems
However due to the number of comments at the public meeting and subsequently in written comments during the public comment period about the use of agricultural land for the proposed solar farm the Board is adopting the following finding concerning the conclusion of the EIR and the independent conclusion of the Board that the project will not cause a significant environmental effect in the form of converting agricultural land Based upon substantial evidence and expert opinion of the independent EIR consultant the EIR concluded that the potential conversion of agricultural land to non-agricultural uses was not a significant effect caused by the Project In reaching this conclusion the EIR emphasized multiple facts policies and evidence The use is a temporary use allowed by a lease between the proponent and the land owner At the conclusion of the leasehold estate the proponent has a contractual obligation to restore the land to the condition present before the lease executed This includes dismantling and removing all equipment excavating and removing all underground wires and cables removing all posts and roads breaking up and removing all cement pads and foundations removing all septic tanks and leach fields and regarding the real property to facilitate continued farming operations (Decommissioning activities)
The County has the power to and may include a condition requiring the proponent complete the decommissioning actiVity Communications with Stanislaus County indicate that a formal agreement should be developed that will keep the subject property in some level of agricultural production (albeit grazing) during the project life and return it to a state suitable to agricultural production at the conclusion of the project
In addition CEQA Guideline Appendix G indicates that if a project causes a significant environmental effect if it converts prime or unique farmland or if it converts farmland of Statewide Importance The Board independently reviewed the analysis of the term convert found at page 32-3 of the Final EIR and independently concludes based upon this analysis that since the land will be restored to the agricultural condition prior to executing the lease that the project does not amount to a permanent or irreversible conversion of agricultural land Therefore the Board finds that the Project does not cause a significant environmental effect in the form of converting agricultural land
DOCS_N271S4S_V4_Board_Agenda_Report_ForJhe_MchenFl_Solar]arm_ProJecC7_l6_11 Rev De 1010 85
BOARD RESOLUTIO N
Furthermore Stanislaus County with significant expertise in the area of preserving and protecting agricultural land has previous addressed this issue and determined that a temporary use of farmland for a solar farm is a less than significant environmental effect under CEQA
Significant Impacts for Which Mitigation Measures are Provided The EIR also identified several impacts that are considered to be Potentially Significant The impacts in this category are Aesthetics Visual Quality and Light and Glare Air Quality Biological Resources Cultural and Paleontological Resources Greenhouse Gas Emissions Hazards and Hazardous Materials and Transportation and Traffic These impacts will be fully avoided through the adoption of feasible mitigation measures No significant unavoidable environmental impacts are expected from either construction or operation ofthe project
Each of these impacts can be reduced to lessmiddotthan-significant levels andor avoided with the implementation of mitigation measures They are considered below
Aesthetics Visual Quality and Light and Glare
Impact 41-2
Impact 41-2 The Project would create a new source of light or glare which could adversely affect daytime ornighttime views in the area (DEIR page ES-8)
Mitigation Measures
Mitigation Measure 41-2 Nighttime Construction Lighting Nighttime construction lighting if required shall be shielded and oriented downward to minimize effects on any nearby receptors Lighting shall be directed toward active construction areas only and shall have the minimum brightness necessary to ensure worker safety
Finding
The Board finds based on substantial evidence presented in the record of prolteedings that implementation of this measure will reduce the potentially significant impact on aesthetics visual quality and light and glare
Air Quality
Impact 43-1
Impact 43-1 Construction and decommissioning activities would generate emissions of criteria pollutants including suspended and inhalable particulate matter and equipment exhaust emissions (DEIR page ES-8 and ES-9)
OOCSN271545 V4BoordAge ndaReportfor _ TheMchenry Solo r Fa rmproject_7 _2611 Rev Oec 2010 86
~)1IDMOto Irlgation BOARD RESOLUTION
It e DItrld water and POwtr-
Mitigation Measure
Mitigation Measure 43-1 Implement Dust Control Measures The Applicant shall submit a Dust Control Plan to the APCO for approval prior to start of construction (and subsequently decommissioning) activities The Plan shall cover both Applicant and MID activities and shall require implementation of the following dust control measures
bull All disturbed areas including storage piles that are not being actively used for construction purposes shall be effectively stabilized of dust emissions using water chemical stabilizersuppressant covered with a tarp or other suitable cover or vegetative ground cover
bull All on-site unpaved roads and off-site unpaved access roads shall be effectively stabilized of dust emissions using water or chemical stabilizersuppressant
bull All land clearing grubbing scraping excavation land leveling grading cut and fill and demolition activities shall be effectively controlled of fugitive dust emissions using application of water or by presoaking
bull When materials are transported off-site all material shall be covered or effectively wetted to limit visible dust emissions and at least six inches of freeboard space from the top of the container shall be maintained
bull Limit or expeditiously remove trackout (Le accumulation of mud or dirt from Projectshyrelated vehicle tires) from adjacent public streets near the Project access points Trackout shall be immediately removed from public streets when it extends 50 or more feet from the Project access points otherwise trackout shall be removed at the end of each workday (The use of dry rotary brushes is expressly prohibited except where preceded or accompanied by sufficient wetting to limit the visible dust emissions)(Use of blower devices is expressly forbidden)
bull Following the addition of materials to or removal of materials from the surface of outdoor storage piles said piles shall be effectively stabilized of fugitive dust emissions using sufficient water or chemical stabilizersuppressant
bull limit traffic speed on unpaved on-site roads to 15 mph
bull Install sandbags or other erosion control measures to prevent silt runoff to public roadways from sites with a slope greater than one percent
bull Install windbreaks at windward side(s) of construction areas
bull Suspend excavation and grading activity when winds exceed 20 mph
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation of these measures will reduce the potentially significant impact on air quality
DOCS_N27154S_V4_Boardfgenda_RoportJor The_MchenVSolar Farm_Projece726_11 Rev Dec 2010 87
Modosto Irrlatlon BOARD RESOLUTION District~lt1ID
Wattrld ~owt
Impact 43-4
Impact 43-4 Construction and decommissioning emissions associated with the Project could result in emissions of ozone precursors and particulate matter that would be cumulatively considerable (OEIR page ES-9)
Mitigation Measure
Mitigation Measure 43-4 Implement Mitigation Measure 43-1
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation of this measure will reduce the potentially significant impact on air quality
Impact 43-6
Impact 43-6 The Project would generate emissions of criteria pollutants potentially exposing sensitive receptors to harmful pollutant concentrations (OEIR page ES-9)
Mitigation Measure
Mitigation Measure 43-6 Implement Mitigation Measure 43-1
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation ofthis measure will reduce the potentially significant impact on air quality
Biological Resources
Impact 44-1
Impact 44-1 Applicant Project activities could result in potential disturbance or loss of Swainsons hawk and their habitat (OEIR page ES-10)
Mitigation Measure
Mitigation Measure 44-1a Preconstruction Surveys for Swainsons Hawk If Project-related construction or decommissioning activities are planned to occur during the nesting period (March 1 to September 15) the Applicant shall engage a qualified biologist to conduct preconstruction surveys for Swainsons hawk and their nests no more than 14 days before the start of construction or decommissioning activities within 025 mile ofthe Project site where access is available Survey results shall be submitted to CDFG at least three days prior to the start of construction or decommissioning activities If active nests are not identified no further action is required and constructiondecommissioning may proceed If active nests are identified the Applicant shall consult with CDFG to develop and implement suitable avoidance measures consistent with the Staff Report Regarding Mitigation for Impacts to Swainsons
DOCS_N271545_V4_Boa rd_Agenda_Repor1_For_ The_Mchenry _Solar_Farm_Project_7 _26_11 Rev Dec 2010 88
f ID= BOARD RESOLUTION hlY1 IIArlel Walfr and POWir
Hawks in the Central Valley of California (CDFG 1994) To avoid impacting breeding efforts no construction or decommissioning activities shall occur between March land September 15 within 500 feet of an active nest that could cause nest abandonment or forced fledging These buffers may be reduced in consultation with CDFG Depending on conditions specific to each active nest and the relative location and rate of construction or decommissioning activities it may be feasible for such activities to occur as planned within the buffer without impacting the breeding effort In this case (to be determined in consultation with CDFG) the nest(s) shall be monitored by a qualified biologist during construction or decommissioning within the buffer The monitor shall have ltstop work authority If in the professional opinion of the monitor Project activities are negatively affecting the nesting behavior of the bird the monitor shall stop all such activities within the designated buffer Construction or decommissioning activities shall not resume until either the monitor has determined that the young have fledged the nest or as otherwise approved by CDFG With CDFG concurrence construction activities that are initiated outside the nesting season may continue even if raptors choose to nest within 500 feet of work activities Thus work may continue without delay if surveys verify the local absence of nesting raptors or if construction begins outside the nesting period (September 16 to February 28)
Mitigation Measure 44-1b Reduce Construction Noise Levels If it appears that noise or vibration from vibratory post driving associated with Project construction (or other similar noise-generating construction or decommissioning activity) could affect nesting Swainsons hawks that arrive after the start of construction specific measures including but not limited to use of noise dissipaters shall be implemented to reduce noise levels During post driving a noise level of no greater than 85 decibels (measured at the nest) shall be used as general guidance for nests that are established after construction
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation of this measure will reduce the potentially significant impact on biological resources
Impact 44-2
Impact 44-2 MID activities could result in potential disturbance or loss of Swainsons hawk and their habitat (DEIR page ES-10)
Mitigation Measure
Mitigation Measure 44-2 Avian-safe Transmission Line MID Transmission poles should be designed using criteria identified in Avian Power line Interaction Committee (APUC 2006)
OOCS_N271545_V4_Boad_AIlenda_Report]o_ The_Mchenrv_Sola_Farm_Poject_c26_11 Rev Dec 2010 89
Mdes Irrlgbullbulllen BOARD RESOLUTION
DItrid- ~lt1IDwater and Powtr
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation of this measure will reduce the potentially significant impact on biological resources
Impact 44-3 Impact 44-3 Project activities could impact other tree-nesting raptors andor protected nesting migratory birds (DEIR page ES-ll)
Mitigation Measure
Mitigation Measure 44-3 Preconstruction Raptor Surveys (Applicant) If Project-related construction andor decommissioning activities are to occur during the breeding period for nesting raptors andor protected nesting migratory birds (February 1 through August 31) the Applicant shall engage a qualified biologist to conduct preconstruction surveys of all potential habitat within 500 feet of the Project site no more than 14 days prior to the start of construction or decommissioning activities If active nests are not identified no further action is necessary If active nests are identified during preconstruction surveys a no-disturbance buffer shall be created around active raptor nests and nests of other special-status birds during the breeding season or until it is determined by the qualified biologist that all young have fledged Typical buffers are 500 feet for raptors and 250 feet for other nesting birds (eg waterfowl and passerine birds) The size of these buffer zones and types of construction or decommissioning activities allowed in these areas could be further modified in coordination with CDFG and shall be based on existing noise and disturbance levels in the Project area
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implernentation ofthis measure will reduce the potentially significant impact on biological resources
Impact 44-4
Impact 44-4 Project activities could result in potential disturbance or loss of burrowing owls and their habitat (DEIS page ES-ll)
Mitigation Measure
Mitigation Measure 44-4a Preconstruction Burrowing Owl Surveys (Applicant) The Applicant shall engage a qualified biologist to conduct preconstruction surveys for burrowing owls 14 to 30 days prior to the start of construction or decommissioning using the most current CDFG protocol Surveys shall cover grassland areas within a SOO-foot buffer from all Project constructiondecommissioning activities that are within suitable grasslands habitat including checking for adult and juvenile burrowing owls and owl nests If owls are detected during
DOCSN271545V4BoardAgendaReportForTheMchenrvSolarJarmProject72611 Rev Dec 2010 90
WID n BOARD RESOLUTION L bl Dltrld WIIIT Irld Ptlwtt
surveys occupied burrows shall not be disturbed Constructiondecommissioning exclusion areas (eg orange exclusion fence or signage) shall be established around the occupied burrows where no disturbance shall be allowed During the nonbreeding season (September 1 through January 31) the exclusion zone shall extend 160 feet around occupied burrows During the breeding season (February 1 through August 31) exclusion areas shall extend 250 feet around occupied burrows If the above requirements cannot be met passive relocation of onshysite owls may be implemented as an alternative but only during the nonbreeding season and only with prior CDFG approval Passive relocation shall be accomplished by installing one-way doors on the entrances of burrows located within 160 feet ofthe Project area The one-way doors shall be left in place for 48 hours to ensure the owls have left the burrow The burrows shall then be excavated with a qualified biologist present Constructiondecommissioning shall not proceed until the Project area is deemed free of owls by the qualified biologist
Mitigation Measure 44-4b Preconstruction Burrowing Owl Surveys (MID) Prior to construction MID shall conduct pre-construction surveys for burrowing owl for the subtransmissiondistribution line and fiber optic cable alignment These surveys shall be conducted using the most up-to-date CDFG published protocols (eg CDFGs 1995 Staff Report on Burrowing Owl Mitigation) If owls are detected during surveys occupied burrows shall not be disturbed
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation ofthis measure will reduce the potentially significant impact on biological resources
Cultural and Paleontological Resources
Impact 45-1
Impact 45-1 The proposed Project could potentially cause an adverse change in the significance of a unique archaeological resource pursuant to sect150645 (DEIR page ES-12)
Mitigation Measure
Mitigation Measure 45-1 If Cultural Resources are Discovered During Ground-Disturbing Activities Suspend Work until Resource is Evaluated Prior to the initiation of site preparation or start of construction (and subsequently decommissioning) the Applicant shall retain a qualified professional archaeologist to complete an archaeological resources training program for construction workers involved in grading and excavation activities Training shall include
awareness and recognition of archaeological materials and the procedures to follow if
construction crews encounter such materials in the course of earthwork excavation or grading If archaeological resources are encountered all activity within 50 feet of the find shall
cease until it can be evaluated by a qualified archaeologist Prehistoric archaeological materials
DOCS_N27154S_V4_Board_Asenda_Report_For_ The_Mchenry _Sol _fam]roject_7_26_11 Rev Dec 2010 91
Motlesto Irrlatlo~lt1ID BOARD RESOLUTIO N
II DIlrld VialfrantJ PCMl
could include obsidian and chert f1aked~stone tools (eg projectile points knives scrapers) or toolmaking debris culturally darkened soil (ilmidden) containing heat~affected rocks artifacts
or shellfish remains and stone milling equipment (eg mortars pestles handstones or milling slabs) and battered stone tools such as hammerstones and pitted stones Historic~period materials could include stone concrete or adobe footings and walls filled wells or privies and
deposits of metal glass andor ceramic refuse The archaeologist shall notify the Applicant and MID if the resource may be significant An appropriate treatment plan for the resources shall then be developed by the Applicant for approval by MID The archaeologist shall consult with Native American representatives in determining appropriate treatment for prehistoric or Native American cultural resources if discovered In considering any suggested mitigation proposed by the archaeologist the Applicant and MID shall determinewhether avoidance is feasible in light of factors such as the nature of the find project design costs and other considerations If avoidance is not feasible other appropriate measures (eg data recovery) shall be instituted Work may proceed in other parts of the Project site while mitigation for cultural resources in other areas of the site is being carried out
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation ofthis measure will reduce the potentially significant impact on unique archaeological resources
Impact 45-2
Impact 45-2 The proposed Project could potentially destroy a unique paleontological resource or site or unique geologic feature (DEIR page ES-12)
Mitigation Measure
Mitigation Measure 45-2 If Paleontological Resources are Discovered During Ground-Disturbing Activities Suspend Work until Resource is Evaluated Prior to the initiation of site preparation or start of construction (and subsequently decommissioning) the Applicant shall retain a qualified profeSSional paleontologist or a California Registered Professional Geologist (California RPG) with appropriate paleontological expertise as defined by the Society of Vertebrate Paleontologys Conformable Impact Mitigation Guidelines Committee (SVP 1995 Guidelines) to carry out a paleontological resources training program for construction workers involved in grading and excavation activities Training shall include awareness and recognition of potential fossil materials and the procedures to follow if construction crews encounter fossil materials in the course of earthwork excavation or grading If construction crews discover potential fossils all earthwork or other types of ground disturbance within 50 feet of the find shall stop immediately until the qualified professional paleontologist can assess the nature and importance of the find Based on the scientific value or uniqueness of the find the monitor may record the find and allow work to continue or recommend salvage and recovery of the fossil The Applicant shall require the paleontologist to be on-call throughout the duration of ground-disturbing activities
DOCS_N27154S_ V4_Boa rd_Agenda_Report]or_The_Mchenry _Solar ]a_ProjecC7_26_11 Rev Dec 2010 92
ID= BOARD RESOLUTION I 11 DlstrldwIltIdPowt
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation of this measure will reduce the potentially significant impact on paleontological resources
Impact 45-3
Impact 45-3 The proposed Project could potentially disturb any human remains including those interred outside of formal cemeteries (DEIR page ESmiddot13)
Mitigation Measure
Mitigation Measure 45-3 Halt Work if Human Skeletal Remains are Identified During Construction If human skeletal remains are uncovered during Project construction (and subsequently decommissioning) work shall immediately halt within 100 feet of the find The Applicant shall contact the Stanislaus County Coroner to evaluate the remains and shall follow the procedures and protocols set forth in sect150645(e(1) of the CEQA Guidelines If the County Coroner determines that the remains are Native American the Applicant shall contact the Native American Heritage Commission in accordance with Health and Safety Code Section 70505 subdivision (c) and Public Resources Code 509798 (as amended by AB 2641) The Native American Heritage Commission will designate a Most Likely Descendent of the deceased Native American who will provide recommendations as to the future disposition ofthe remains
Finding
The Board finds based on substantjal evidence presented in the record of proceedings that implementation of this measure will reduce the potentially Significant impact on human remains
Greenhouse Gas Emissions
Impact 48-2
Impact 48-2 The Project could conflict with the California Air Resources Boards Climate Change Scoping Plan (DEIR page ES-14)
Mitigation Measure
Mitigation Measure 48-2 Low SF6 Leak Rate Circuit Breaker and Monitoring The applicant shall ensure that the circuit breaker installed at the proposed new substation has a guaranteed SF6 annual leak rate of no more than 05 percent by volume The Applicant shall provide MID with documentation of compliance such as specification sheets prior to installation of the circuit breaker In addition the Applicant shall monitor the SF6middotcontaining circuit breaker at the substation consistent with Scoping Plan Measure H-6 for the detection and repair of leaks
OOCSN271545V4BoarltljgendaReportJo rTheMchenry_SolarJarm_Project72611 Rev Dec 2010 93
~MID
Mst Irrl_60 BOARD RESOLUTION
II District Weltr _rut Pampftl
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation ohhis measure will reduce the potentially significant impact on greenhouse gas emissions
Hazards and Hazardous Materials
Impact 49-2
Impact 49-2 The Project could result in an accidental spill or leak during construction or decommissioning that could release hazardous materials into the environment (DEIR page ESshy14)
Mitigation Measure
Mitigation Measure 49-2 Accidental Spill Prevention and Response Plan The Applicant shall prepare an Accidental Spill Prevention and Response Plan for construction and decommissioning activities for review and approval by Modesto Irrigation District The plan shall identify measures to prevent accidental spills from leaving the site and methods for responding to and cleaning up spills to limit the amount of materials released into the environment Such measures shall include but not be limited to ensuring that absorbent material tarps storage drums and other emergency spill supplies and equipment are kept at the Project site at all times
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation of this measure will reduce the potentially significant impact on hazardous materials
Transportation and Traffic
Impact 417-1
Impact 417-1 Project construction and decommissioning activities could intermittently and temporarily increase traffic congestion due to vehicle trips generated by construction workers and construction vehicles on area roadways (DEIR page ES-16)
Mitigation Measure
Mitigation Measure 417-1a MID Traffic Control Measures During construction and decommissioning of the sub-transmission and distribution lines and fiber optic cable MID shall implement the following traffic mitigation measures from the 2006 PEIR Update (2006 PEIR Update p 10-6)
DOCSN271545V4BoadAgendaRepoCForTheMhenrvSolaFarmProJeet72611 Rev Dolt 2010 94
cIbullbulltomiddot Irrlgatlon BOARD RESOLUTION e DistrIct~lt1ID
Wntr and POwtf
1 MID will coordinate design and construction of program facilities with the agencies with jurisdiction including Caltrans counties cities special districts other utilities and the FAA as required
2 MID will obtain any necessary encroachment permits inspections or other approvals from agencies with jurisdiction
2A MID will obtain any necessary approvals and inspections from agencies with jurisdiction
2B MID shall coordinate the design and construction and shall obtain any necessary permits from the County City or State prior to placing any facilities within the public road rights-of-way of those agencies and shall conform to applicable conditions in the encroachment permit
3 MID will utilize all necessary precautions to minimize safety concerns when working within public road rights-of-way Traffic safety cones construction signage or other measures will be used to alert drivers to construction activities
4 Electrical facilities placed within public rights-of-way will comply with applicable standards for avoiding hazards to drivers pedestrians and bicyclists
Mitigation Measure 417-1bApplicant Construction Traffic Management and Safety Plan Prior to the start of construction (and subsequently decommissioning) of the Project the Applicant shall prepare and implement a Traffic Management and Safety Plan that shall reduce or eliminate impacts associated with the Project The Plan shall adhere to Stanislaus County and Caltrans requirements and shall include at a minimum the following elements
a) Schedule Project-generated construction truck trips on SR 99 SR 108 and SR 219 outside the peak morning and evening commute hours to reduce potential traffic congestion and reduce potentia I for transit delays during the p traffic congestion and reduce potential for transit delays during the peak commute periods
b) Comply with transportation permit requirements of Caltrans and CHP when scheduling Project-generated construction truck trips carrying oversized loads In addition provide preshynotification to local police fire and emergency service providers of the timing location and duration of construction activities that could affect the movement of emergency vehicles on area roadways
c) Place signs (eg Slow Trucks andor Trucks Turning Ahead) along appropriate roads to notify drivers of construction traffic throughout the duration of the constructionperiodeak commute periods
DOCSN271545V4Boord_AgendaReportJorThe_MchenrySolaFa rmProject72611 Rev Dec 2010 95
IDn BOARD RESOLUTION~ -bl Dstrld Water lila POwtr
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation ofthis measure will reduce the potentially significant impact on traffic and transportation
Impact 417-3
Impact 417-3 Project construction and decommissioning activities could substantially increase traffic hazards due to construction in or adjacent to roads (DEIR page ES-17)
Mitigation Measure
Mitigation Measure 417-3 Implement Mitigation Measures 417-1a and 417-1b
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation of this measure will reduce the potentially significant impact on traffic and transportation
Impact 417-4
Impact 417-4 The Project could result in inadequate emergency access (DEIR page ES-17)
Mitigation Measure
Mitigation Measure 417-4 Develop an Emergency Access Plan for the Site The Applicant shall develop and implement an Emergency Access Plan which shall include evacuation routes and strategies to ensure accessibility and mobility for project area and emergency vehicles AdditionaI measures include developing an emergency action plan that identifies roles and responsibilities during emergencies and to update the plan regularly
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation of this measure will reduce the potentially significant impact on emergency access
VIII PROJECT ALTERNATIVES
The McHenry Solar Farm Project EIR is a project-specific ErR that evaluated a more than a dozen alternative locations to the proposed site three alternative sub-transmission line interconnection points for the proposed site three alternative solar technologies concentrated solar parabolic trough concentrated solar power tower and thin-film PV and two alternative approaches to the proposed generation of solar energy conservation and demand side management and distributed generation solar Table 1 lists the alternatives that were considered as well as which ones passed and the others that failed the screening analysis that was performed In addition the No Project Alternative was conSidered
DOCSN271545 V4BoardAgend bullbullReporCFor TheMchenry SolarFarmProJect72611 Rev Dec 2010
bull
96
~IDn BOARD RESOLUTION bJlTI District Waterlnd Power
The Final EIR presented the analysis for rejecting the alternative sites The Board independently evaluated this analysis and concurs in the analysis and conclusions presented The answering of the key question (See CEQA Guidelines Section 151266f)(2)A)) the Board finds that the Project does not cause any significant
environmental effect that is not reduced to less than significant with mitigation measures Never the lessl the EIR opted to address alternative sites
Various public comments offered generalized comments on alternatives sites No substantial evidence was presented regarding the feasibility of such sites or the reasonable ability of the Applicant to acquire the sitesl
and substantial evidence was not presented that these alternative sites would lessen all ofthe Projects significant effects to less than significant
DOCS_N271545_V4_Board_Ai n_ReporCFor _The_Mchenry _SolacFarm_Project_7 _26_11 Rev Dec 2010 97
COPIES OF THE DRAFT AND FINAL ENVIRONMENTALIMPACT REPORT AND ARE AVAILABLE FOR REVIEW ATTHE COUNTY PLANNING DEPARTMENT OFFICE OR VIATHE INTERNET AThttpwwwstancountycomplanningplagenda-min-2011shtm HARD COPIES OF ALL EIR DOCUMENTS REFERENCED INTHIS REPORT HAVE BEEN PROVIDED TO EACH MEMBEROF THE PLANNING COMMISSION
98
Executive Summary
McHenry Solar Project ES-8 May 2011 Draft Environmental Impact Report
TABLE ES-1 SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Aesthetics Visual Quality and Light and Glare
Impact 41-1 The Project could degrade the existing visual character or quality of the site and its surroundings
Less than Significant
None required
Impact 41-2 The Project would create a new source of light or glare which could adversely affect daytime or nighttime views in the area
Potentially Significant
Mitigation Measure 41-2 Nighttime Construction Lighting Nighttime construction lighting if required shall be shielded and oriented downward to minimize effects on any nearby receptors Lighting shall be directed toward active construction areas only and shall have the minimum brightness necessary to ensure worker safety
Less than Significant
Agriculture and Forest Resources
Impact 42-1 The Project would temporarily discontinue the current exclusive agricultural use (row crops) of Prime Farmland to a mix of agricultural use (grazing) and non-agricultural use
Less than Significant
None required
Air Quality
Impact 43-1 Construction and decommissioning activities would generate emissions of criteria pollutants including suspended and inhalable particulate matter and equipment exhaust emissions
Potentially Significant
Mitigation Measure 43-1 Implement Dust Control Measures The Applicant shall submit a Dust Control Plan to the APCO for approval prior to start of construction (and subsequently decommissioning) activities The Plan shall cover both Applicant and MID activities and shall require implementation of the following dust control measures
All disturbed areas including storage piles that are not being actively used for construction purposes shall be effectively stabilized of dust emissions using water chemical stabilizersuppressant covered with a tarp or other suitable cover or vegetative ground cover
All on-site unpaved roads and off-site unpaved access roads shall be effectively stabilized of dust emissions using water or chemical stabilizersuppressant
All land clearing grubbing scraping excavation land leveling grading cut and fill and demolition activities shall be effectively controlled of fugitive dust emissions using application of water or by presoaking
When materials are transported off-site all material shall be covered or effectively wetted to limit visible dust emissions and at least six inches of freeboard space from the top of the container shall be maintained
Limit or expeditiously remove trackout (ie accumulation of mud or dirt from Project-related vehicle tires) from adjacent public streets near the Project access points Trackout shall be immediately removed from public streets when it extends 50 or more feet from the Project access points otherwise trackout shall be removed at the end of each workday (The use of dry rotary brushes is expressly prohibited except where preceded or accompanied by sufficient wetting to limit the visible dust emissions)(Use of blower devices is expressly forbidden)
Less than Significant
99
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-9 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Air Quality (cont)
Impact 43-1 (cont) Following the addition of materials to or removal of materials from the surface of outdoor storage piles said piles shall be effectively stabilized of fugitive dust emissions using sufficient water or chemical stabilizersuppressant
Limit traffic speed on unpaved on-site roads to 15 mph
Install sandbags or other erosion control measures to prevent silt runoff to public roadways from sites with a slope greater than one percent
Install windbreaks at windward side(s) of construction areas
Suspend excavation and grading activity when winds exceed 20 mph
Impact 43-2 Operation of the Project would generate exhaust emissions of criteria pollutants from routine operations
Less than Significant
None required
Impact 43-3 The Project could result in permanently disturbed land that would serve as a source of fugitive dust emissions
Less than Significant
None required
Impact 43-4 Construction and decommissioning emissions associated with the Project could result in emissions of ozone precursors and particulate matter that would be cumulatively considerable
Potentially Significant
Mitigation Measure 43-4 Implement Mitigation Measure 43-1 Less than Significant
Impact 43-5 Operation and maintenance of the Project could generate emissions of criteria pollutants that would be cumulatively considerable
Less than Significant
None required
Impact 43-6 The Project would generate emissions of criteria pollutants potentially exposing sensitive receptors to harmful pollutant concentrations
Potentially Significant
Mitigation Measure 43-6 Implement Mitigation Measure 43-1 Less than Significant
Impact 43-7 The Project would generate emissions of Toxic Air Contaminants potentially exposing sensitive receptors to harmful pollutant concentrations
Less than Significant
None required
100
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-10 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Biological Resources
Impact 44-1 Applicant Project activities could result in potential disturbance or loss of Swainsonrsquos hawk and their habitat
Potentially Significant
Mitigation Measure 44-1a Preconstruction Surveys for Swainsonrsquos Hawk If Project-related construction or decommissioning activities are planned to occur during the nesting period (March 1 to September 15) the Applicant shall engage a qualified biologist to conduct preconstruction surveys for Swainsonrsquos hawk and their nests no more than 14 days before the start of construction or decommissioning activities within 025 mile of the Project site where access is available Survey results shall be submitted to CDFG at least three days prior to the start of construction or decommissioning activities If active nests are not identified no further action is required and constructiondecommissioning may proceed If active nests are identified the Applicant shall consult with CDFG to develop and implement suitable avoidance measures consistent with the Staff Report Regarding Mitigation for Impacts to Swainsonrsquos Hawks in the Central Valley of California (CDFG 1994) To avoid impacting breeding efforts no construction or decommissioning activities shall occur between March 1 and September 15 within 500 feet of an active nest that could cause nest abandonment or forced fledging These buffers may be reduced in consultation with CDFG
Depending on conditions specific to each active nest and the relative location and rate of construction or decommissioning activities it may be feasible for such activities to occur as planned within the buffer without impacting the breeding effort In this case (to be determined in consultation with CDFG) the nest(s) shall be monitored by a qualified biologist during construction or decommissioning within the buffer The monitor shall have ldquostop workrdquo authority If in the professional opinion of the monitor Project activities are negatively affecting the nesting behavior of the bird the monitor shall stop all such activities within the designated buffer Construction or decommissioning activities shall not resume until either the monitor has determined that the young have fledged the nest or as otherwise approved by CDFG
With CDFG concurrence construction activities that are initiated outside the nesting season may continue even if raptors choose to nest within 500 feet of work activities Thus work may continue without delay if surveys verify the local absence of nesting raptors or if construction begins outside the nesting period (September 16 to February 28)
Less than Significant
Mitigation Measure 44-1b Reduce Construction Noise Levels If it appears that noise or vibration from vibratory post driving associated with Project construction (or other similar noise-generating construction or decommissioning activity) could affect nesting Swainsonrsquos hawks that arrive after the start of construction specific measures including but not limited to use of noise dissipaters shall be implemented to reduce noise levels During post driving a noise level of no greater than 85 decibels (measured at the nest) shall be used as general guidance for nests that are established after construction
Impact 44-2 MID activities could result in potential disturbance or loss of Swainsonrsquos hawk and their habitat
Potentially Significant
Mitigation Measure 44-2 Avian-safe Transmission Line (MID) Transmission poles should be designed using criteria identified in Avian Power Line Interaction Committee (APLIC 2006)
Less than Significant
101
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-11 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Biological Resources (cont)
Impact 44-3 Project activities could impact other tree-nesting raptors andor protected nesting migratory birds
Potentially Significant
Mitigation Measure 44-3 Preconstruction Raptor Surveys (Applicant) If Project-related construction andor decommissioning activities are to occur during the breeding period for nesting raptors andor protected nesting migratory birds (February 1 through August 31) the Applicant shall engage a qualified biologist to conduct preconstruction surveys of all potential habitat within 500 feet of the Project site no more than 14 days prior to the start of construction or decommissioning activities If active nests are not identified no further action is necessary If active nests are identified during preconstruction surveys a no-disturbance buffer shall be created around active raptor nests and nests of other special-status birds during the breeding season or until it is determined by the qualified biologist that all young have fledged Typical buffers are 500 feet for raptors and 250 feet for other nesting birds (eg waterfowl and passerine birds) The size of these buffer zones and types of construction or decommissioning activities allowed in these areas could be further modified in coordination with CDFG and shall be based on existing noise and disturbance levels in the Project area
Less than Significant
Impact 44-4 Project activities could result in potential disturbance or loss of burrowing owls and their habitat
Potentially Significant
Mitigation Measure 44-4a Preconstruction Burrowing Owl Surveys (Applicant) The Applicant shall engage a qualified biologist to conduct preconstruction surveys for burrowing owls 14 to 30 days prior to the start of construction or decommissioning using the most current CDFG protocol Surveys shall cover grassland areas within a 500-foot buffer from all Project constructiondecommissioning activities that are within suitable grasslands habitat including checking for adult and juvenile burrowing owls and owl nests If owls are detected during surveys occupied burrows shall not be disturbed
Constructiondecommissioning exclusion areas (eg orange exclusion fence or signage) shall be established around the occupied burrows where no disturbance shall be allowed During the nonbreeding season (September 1 through January 31) the exclusion zone shall extend 160 feet around occupied burrows During the breeding season (February 1 through August 31) exclusion areas shall extend 250 feet around occupied burrows
If the above requirements cannot be met passive relocation of on-site owls may be implemented as an alternative but only during the nonbreeding season and only with prior CDFG approval Passive relocation shall be accomplished by installing one-way doors on the entrances of burrows located within 160 feet of the Project area The one-way doors shall be left in place for 48 hours to ensure the owls have left the burrow The burrows shall then be excavated with a qualified biologist present Constructiondecommissioning shall not proceed until the Project area is deemed free of owls by the qualified biologist
Less than Significant
Mitigation Measure 44-4b Preconstruction Burrowing Owl Surveys (MID) Prior to construction MID shall conduct pre-construction surveys for burrowing owl for the sub-transmissiondistribution line and fiber optic cable alignment These surveys shall be conducted using the most up-to-date CDFG published protocols (eg CDFGs 1995 Staff Report on Burrowing Owl Mitigation) If owls are detected during surveys occupied burrows shall not be disturbed
102
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-12 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Cultural and Paleontological Resources
Impact 45-1 The proposed Project could potentially cause an adverse change in the significance of a unique archaeological resource pursuant to sect150645
Potentially Significant
Mitigation Measure 45-1 If Cultural Resources are Discovered During Ground-Disturbing Activities Suspend Work until Resource is Evaluated Prior to the initiation of site preparation or start of construction (and subsequently decommissioning) the Applicant shall retain a qualified professional archaeologist to complete an archaeological resources training program for construction workers involved in grading and excavation activities Training shall include awareness and recognition of archaeological materials and the procedures to follow if construction crews encounter such materials in the course of earthwork excavation or grading If archaeological resources are encountered all activity within 50 feet of the find shall cease until it can be evaluated by a qualified archaeologist Prehistoric archaeological materials could include obsidian and chert flaked-stone tools (eg projectile points knives scrapers) or toolmaking debris culturally darkened soil (ldquomiddenrdquo) containing heat-affected rocks artifacts or shellfish remains and stone milling equipment (eg mortars pestles handstones or milling slabs) and battered stone tools such as hammerstones and pitted stones Historic-period materials could include stone concrete or adobe footings and walls filled wells or privies and deposits of metal glass andor ceramic refuse The archaeologist shall notify the Applicant and MID if the resource may be significant An appropriate treatment plan for the resources shall then be developed by the Applicant for approval by MID The archaeologist shall consult with Native American representatives in determining appropriate treatment for prehistoric or Native American cultural resources if discovered
In considering any suggested mitigation proposed by the archaeologist the Applicant and MID shall determine whether avoidance is feasible in light of factors such as the nature of the find project design costs and other considerations If avoidance is not feasible other appropriate measures (eg data recovery) shall be instituted Work may proceed in other parts of the Project site while mitigation for cultural resources in other areas of the site is being carried out
Less than Significant
Impact 45-2 The proposed Project could potentially destroy a unique paleontological resource or site or unique geologic feature
Potentially Significant
Mitigation Measure 45-2 If Paleontological Resources are Discovered During Ground-Disturbing Activities Suspend Work until Resource is Evaluated Prior to the initiation of site preparation or start of construction (and subsequently decommissioning) the Applicant shall retain a qualified professional paleontologist or a California Registered Professional Geologist (California RPG) with appropriate paleontological expertise as defined by the Society of Vertebrate Paleontologyrsquos Conformable Impact Mitigation Guidelines Committee (SVP 1995 Guidelines) to carry out a paleontological resources training program for construction workers involved in grading and excavation activities Training shall include awareness and recognition of potential fossil materials and the procedures to follow if construction crews encounter fossil materials in the course of earthwork excavation or grading If construction crews discover potential fossils all earthwork or other types of ground disturbance within 50 feet of the find shall stop immediately until the qualified professional paleontologist can assess the nature and importance of the find Based on the scientific value or uniqueness of the find the monitor may record the find and allow work to continue or recommend salvage and recovery of the fossil The Applicant shall require the paleontologist to be ldquoon-callrdquo throughout the duration of ground-disturbing activities
Less than Significant
103
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-13 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Cultural and Paleontological Resources (cont)
Impact 45-3 The proposed Project could potentially disturb any human remains including those interred outside of formal cemeteries
Potentially Significant
Mitigation Measure 45-3 Halt Work if Human Skeletal Remains are Identified During Construction If human skeletal remains are uncovered during Project construction (and subsequently decommissioning) work shall immediately halt within 100 feet of the find The Applicant shall contact the Stanislaus County Coroner to evaluate the remains and shall follow the procedures and protocols set forth in sect150645(e)(1) of the CEQA Guidelines If the County Coroner determines that the remains are Native American the Applicant shall contact the Native American Heritage Commission in accordance with Health and Safety Code Section 70505 subdivision (c) and Public Resources Code 509798 (as amended by AB 2641) The Native American Heritage Commission will designate a Most Likely Descendent of the deceased Native American who will provide recommendations as to the future disposition of the remains
Less than Significant
Energy Conservation
Impact 46-1 The construction operation and maintenance and decommissioning of the Project could result in consumption of energy
Less than Significant
None required
Impact 46-2 Construction operation and maintenance and decommissioning of the Project would require use of transportation energy
Less than Significant
None required
Impact 46-3 The Projectrsquos overall use of efficient transportation alternatives would be limited
Less than Significant
None required
Geology and Soils
Impact 47-1 The Project could expose people or structures to potential adverse effects including the risk of loss injury or death involving strong seismic ground shaking and earthquake-induced ground failure (such as liquefaction and lateral spreading)
Less than Significant
None required
Impact 47-2 The Project could result in soil erosion or loss of topsoil
Less than Significant
None required
Impact 47-3 The Project could be located on expansive soil as defined in Table 18-1-B of the Uniform Building Code (1994) creating risks to life or property
Less than Significant
None required
104
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-14 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Geology and Soils (cont)
Impact 47-4 The Project site could have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater
Less than Significant
None required
Greenhouse Gas Emissions
Impact 48-1 The Project would result in emissions of greenhouse gases that would contribute to global climate change
Less than Significant
None required
Impact 48-2 The Project could conflict with the California Air Resources Boardrsquos Climate Change Scoping Plan
Potentially Significant
Mitigation Measure 48-2 Low SF6 Leak Rate Circuit Breaker and Monitoring The Applicant shall ensure that the circuit breaker installed at the proposed new substation has a guaranteed SF6 annual leak rate of no more than 05 percent by volume The Applicant shall provide Modesto Irrigation District with documentation of compliance such as specification sheets prior to installation of the circuit breaker In addition the Applicant shall monitor the SF6-containing circuit breaker at the substation consistent with Scoping Plan Measure H-6 for the detection and repair of leaks
Less than Significant
Hazards and Hazardous Materials
Impact 49-1 Project construction decommissioning and operationmaintenance could create a hazard to the public or the environment through the routine transport use or disposal of hazardous materials
Less than Significant
None required
Impact 49-2 The Project could result in an accidental spill or leak during construction or decommissioning that could release hazardous materials into the environment
Potentially Significant
Mitigation Measure 49-2 Accidental Spill Prevention and Response Plan The Applicant shall prepare an Accidental Spill Prevention and Response Plan for construction and decommissioning activities for review and approval by Modesto Irrigation District The plan shall identify measures to prevent accidental spills from leaving the site and methods for responding to and cleaning up spills to limit the amount of materials released into the environment Such measures shall include but not be limited to ensuring that absorbent material tarps storage drums and other emergency spill supplies and equipment are kept at the Project site at all times
Less than Significant
Hydrology and Water Quality
Impact 410-1 The Project could potentially degrade water quality such that it could violate water quality standards or waste discharge requirements
Less than Significant
None required
105
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-15 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Hydrology and Water Quality (cont)
Impact 410-2 The Project could alter the existing drainage pattern of the site in a manner that could result in erosion or sedimentation on- or off-site or which could contribute to flooding
Less than Significant
None required
Impact 410-3 The Project could create or contribute runoff water that could exceed the capacity of existing or planned stormwater drainage systems or provide additional sources of polluted runoff
Less than Significant
None required
Impact 410-4 The Project could expose people or structures to a risk of loss injury or death involving flooding including flooding as a result of the failure of a levee or dam
Less than Significant
None required
Land Use and Planning
The Project would have no impacts in this resource area
Mineral Resources
The Project would have no impacts in this resource area
Noise
Impact 413-1 Project-related post driving would result in exposure of persons to groundborne vibration
Less than Significant
None required
Impact 413-2 Operation and maintenance of the Project would increase local ambient noise levels
Less than Significant
None required
Impact 413-3 Project construction and decommissioning activities would temporarily increase local ambient noise levels
Less than Significant
None required
Population and Housing
The Project would have no impacts in this resource area
106
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-16 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Public Services
The Project would have no impacts in this resource area
Recreation
The Project would have no impacts in this resource area
Transportation and Traffic
Impact 417-1 Project construction and decommissioning activities could intermittently and temporarily increase traffic congestion due to vehicle trips generated by construction workers and construction vehicles on area roadways
Potentially Significant
Mitigation Measure 417-1a MID Traffic Control Measures During construction and decommissioning of the sub-transmission and distribution lines and fiber optic cable MID shall implement the following traffic mitigation measures from the 2006 PEIR Update (2006 PEIR Update p 10-6)
1 MID will coordinate design and construction of program facilities with the agencies with jurisdiction including Caltrans counties cities special districts other utilities and the FAA as required
2 MID will obtain any necessary encroachment permits inspections or other approvals from agencies with jurisdiction
2A MID will obtain any necessary approvals and inspections from agencies with jurisdiction
2B MID shall coordinate the design and construction and shall obtain any necessary permits from the County City or State prior to placing any facilities within the public road rights-of-way of those agencies and shall conform to applicable conditions in the encroachment permit
3 MID will utilize all necessary precautions to minimize safety concerns when working within public road rights-of-way Traffic safety cones construction signage or other measures will be used to alert drivers to construction activities
4 Electrical facilities placed within public rights-of-way will comply with applicable standards for avoiding hazards to drivers pedestrians and bicyclists
Less than Significant
Mitigation Measure 417-1b Applicant Construction Traffic Management and Safety Plan Prior to the start of construction (and subsequently decommissioning) of the Project the Applicant shall prepare and implement a Traffic Management and Safety Plan that shall reduce or eliminate impacts associated with the Project The Plan shall adhere to Stanislaus County and Caltrans requirements and shall include at a minimum the following elements
a) Schedule Project-generated construction truck trips on SR 99 SR 108 and SR 219 outside the peak morning and evening commute hours to reduce potential traffic congestion and reduce potential for transit delays during the peak commute periods
107
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-17 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Transportation and Traffic (cont)
Impact 417-1 (cont) b) Comply with transportation permit requirements of Caltrans and CHP when scheduling Project-generated construction truck trips carrying oversized loads In addition provide pre-notification to local police fire and emergency service providers of the timing location and duration of construction activities that could affect the movement of emergency vehicles on area roadways
c) Place signs (eg ldquoSlow Trucksrdquo andor ldquoTrucks Turning Aheadrdquo) along appropriate roads to notify drivers of construction traffic throughout the duration of the construction period
Impact 417-2 The Project could conflict with established congestion management programs on affected roads or highways
Less than Significant
None required
Impact 417-3 Project construction and decommissioning activities could substantially increase traffic hazards due to construction in or adjacent to roads
Potentially Significant
Mitigation Measure 417-3 Implement Mitigation Measures 417-1a and 417-1b Less than Significant
Impact 417-4 The Project could result in inadequate emergency access
Potentially Significant
Mitigation Measure 417-4 Develop an Emergency Access Plan for the Site The Applicant shall develop and implement an Emergency Access Plan which shall include evacuation routes and strategies to ensure accessibility and mobility for project area and emergency vehicles Additional measures include developing an emergency action plan that identifies roles and responsibilities during emergencies and to update the plan regularly
Less than Significant
Utilities and Service Systems
Impact 418-1 The proposed Project would require or result in the construction of new stormwater drainage facilities the construction of which could cause significant environmental effects
Less than Significant
None required
108
109
110
REFERRED TO
YE
S
NO
WILL NOT
HAVE
SIGNIFICANT
IMPACT
MAY HAVE
SIGNIFICANT
IMPACT
NO COMMENT
NON CEQA YE
S
NO
YE
S
NO
AGRICULTURE COMMISSIONER X
AIRPORT LAND USE COMMISSION X
ALLIANCE X
BUILDING PERMITS DIVISION X X X
CALTRANS DISTRICT 10 X
CHIEF EXECUTIVE OFFICE X
CITY OF RIVERBANK X
COOPERATIVE EXTENSION X
CORPS OF ENGINEERS X
COUNTY COUNSEL X
ENVIRONMENTAL RESOURCES X X X
FIRE PROTECTION DIST STANISLAUS
CONSOLIDATED X X X
FISH amp GAME DEPT OF X
HAZARDOUS MATERIALS X
IRRIGATION DISTRICT MODESTO X X X
LAFCO X
MODESTO REGIONAL FIRE AUTHORITY FPB X
MOSQUITO DISTRICT EASTSIDE X
MT VALLEY EMERGENCY MEDICAL X
PACIFIC GAS amp ELECTRIC X
PUBLIC WORKS X X X
REGIONAL WATER QUALITY CONTROL X
SAN JOAQUIN VALLEY APCD X
SCHOOL DISTRICT 1 MODESTO X X X
SCHOOL DISTRICT 2 STANISLAUS X
SHERIFF X
StanCOG X
STANISLAUS COUNTY FARM BUREAU X
STANISLAUS ERC X
STATE CLEARINGHOUSE X
STATE LANDS COMMISSION X
SUPERVISORIAL DISTRICT 4 MONTEITH X
SURROUNDING LAND OWNERS
TELEPHONE COMPANY ATampT X
UNITED STATES MILITARY AGENCIES (SB 1462) (5 agencies) X
US FISH amp WILDLIFE X
X
X
SUMMARY OF RESPONSES FOR USE PERMIT REVIEW REFERRALS
RESPONDED RESPONSEMITIGATION
MEASURESCONDITIONS
PROJECT USE PERMIT APPLICATION NO 2011-10 - McHENRY SOLAR FARM
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
RESPONSIBLE
AGENCY REFERRAL
PUBLIC HEARING
NOTICE
X
X
X
X
X
X
X
X
X
111
BOARD RESOLUTION
4 All public meeting notes and presentations
5 The DEIR including all technical appendices
6 All comments submitted by agencies or members of the public during the public comment period on the Draft EIR and responses to those comments
7 The Final EIR prepared for the project
8 The Mitigation Monitoring Plan developed for the project
9 Written documentation and maps All staff reports memoranda maps letters meeting minutes or other documents that were prepared for or reviewed by the Board of Directors for MID
10 All testimonYdocuments and other evidence presented by MID relating to the project
11 All documents submitted to MID by agencies or members of the public in connection with the project
12 Minutes of all public meetings held by MID in connection with ~he project
13 Matters of common knowledge to the Board of Directors of MID including but not limited to
a) Stanislaus County General Plan and Zoning Code
All items listed above are in the custody of Modesto Irrigation District 1231 Eleventh Street Modesto CA 95354
IV FINDINGS REQUIRED UNDER CEQA
To the extent that a project is subject to CEQA a public agency may not approve the project as proposed if feasible mitigation measures or feasible alternatives are available that would substantially lessen the projects significant environmental effects (Pub Resources Code sect21002) Based on Section 21002 both the California Resources Agency and the States courts have recognized that in approving projects with significant environmental effects public agencies have an obligation to modify the project to the extent feasible to substantially lessen or avoid such effects (CEQA Guidelines sect 15002 subd (a)3) 15021 subd (a)2) Sierra Club v Gilroy City Council (1990) 22 CalApp3d 30 41 [271 Cal Rptr393])
Public Resources Code Section 210611 defines feasible to mean capable of being accomplished in a successful manner within a reasonable period oftime taking into account economic enVironmental social and technological factors CEQA Guidelines Section 15364 adds another factor legal considerations See also Citizens of Goleta Valley v Board of Supervisors (Goleta 11) (1990) 52 Cal3d 553565 [276 CalRptr 410]) An agency may reject mitigation measures or environmentally superior alternatives as being infeasible if they frustrate the objectives of a proposed project (See City of Del Mar v City of San Diego (1982) 133 CalApp3d 410416-417 [183 CalRptr 898 Seguovah Hills Homeowners Association v City of Oakland (1993) 23 CalAppAth 704 715 [29 Cal Rptr2d 182])
DOCS_N271545_V4_Board_Agenda_ReportJor_The_Mchenry_SolarJarm]roject_7_26_11 Rev Dec 2010 82
Moto Irrigation BOARD RESOLUTION~lt1ID II District
WattralUtPOWott
The obligation to substantially lessen or avoid significant effects where feasible is implemented in part through the adoption of CEQA findings as mandated by Public Resources Code sect21081 The parallel section in the CEQA Guidelines is sect15091 which provides that before an agency can approve a project for which an EIR has identified significant environmental effects the agency must first adopt one or more findings for each [such] significant effect For each effect the agencys findings must reach one or more of three permissible conclusions
The first possible finding IS that changes or alterations have been required in or incorporated into the project which avoid or substantially lessen the significant environmental effect as identified in the final ErR (CEQA Guidelines sect15091 subd (a)(1))
The second permissible finding is that (s)uch changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding Such changes have been adopted by such other agency or can and should be adopted by such other agency (CEQA Guidelines sect15091 subd (a)(2))
As to the third permissible conclusion CEQA Guidelines sect15091 no longer exactly tracks the statutory language ofPublic Resources Code sect21081 subdivision (a)(3) which was amended in 1993 and again in 1994 The amended statute provides that the third permissible conclusion is that (s)pecific economic legal social technological or other considerations including provision of employment opportunities for highly trained workers make infeasible the mitigation measures or project alternatives identified in the ErR (Pub Resources Code sect21081 subd (a)(3) see also CEQA Guidelines sect15091 subd (a)(3))
The CEQA Guidelines do not define the difference between avoiding a significant environmental effect and merely substantially lessening such an effect MID must therefore glean the meaning of these terms from the other contexts in which the terms are used Public Resources Code section 21081 on which CEQA Guidelines section 15091 is based uses the term mitigate rather that substantially lessen Such an understanding ofthe statutory term is consistent with Public Resources Code sect21002 which as noted earlier uses the terms substantially lessen and avoid but does not use the word mitigate
For purposes of these findings the term avoid refers to the effectiveness of one or more mitigation measure to reduce an otherwise significant effect to a less than significant level In contrast the term substantially lessen refers to the effectiveness of such a measure or measure to substantially reduce the severity of a significant effect but not to reduce that effect to a less than significant level
Although CEQA Guidelines Section 15091 requires only that approving agencies specify that a particular significant effect is avoid[ed] or substantially lessen[edJ these findings for purposes of clarity in each case will specify whether the effect in question has been avoided (Ie reduced to a less than significant levels) or has simply been substantially lessened but remains significant
In seeking to effectuate the substantive policy of CEQA to substantially lessen or avoid significant environmental effects to the extent feaSible an agency in adopting findings need not necessarily address the feasibility of both mitigation measures and environmentally superior alternatives when contemplating approval of a proposed project with significant impacts Where a significant impact can
DOCS_N271545_V4_Boaro_Agenda_ReportJor _The_Mchenry _Solar_Farl11_ProjecC7_26_11 Rev Dec 2010 83
BOARD RESOLUTION
be mitigated to an acceptable level solely by the adoption of a feasible mitigation measure or measures the agency in drafting its findings has no obligation even to consider the feasibility of any environmentally superior alternative that could also substantially lessen or avoid that same impactshyeven ifthe alternative would render the impact less severe than would the proposed project as mitigated (laurel Hills Homeowners Associated v City Council (1978) 83 Ca1App3d515 521 [147 CalRptr 842] see also Kings County Farm Bureau v City of Hanford (1990) 221 CalApp3d 692 730shy731 [270 CalRptr 650] and laurel Heights Improvement Associated v Regents ofthe University of California (Laurel Heights I) (1988)47 Cal 3d 376 400-403 [253 CalRptr 426])
In these findings MID first addresses the extent to which each significant environmental effect can be substantially lessened or avoided through the adoption of feasible mitigation measures MID also addresses the extent to which alternatives described in the EIR are (i) environmentally superior and (ii) feasible within the meaning of CEQA
In cases in which a projects significant effects cannot be mitigated or avoided an agency after adopting proper findings may nevertheless approve the project if it first adopts a statement of overriding considerations setting forth the specific reasons why the agency found that the benefits of the project outweigh the significant effects on the environment (Pub Resources Code sect21081 subd (b) see also CEQA Guidelines sectsect15093 15043 subd (b)) In this case all impacts have been mitigated sufficiently so that a statement of overriding considerations is not needed
The California Supreme Court has stated that (t)he wisdom of approvingany development project a delicate task which requires a balancing of interests is necessarily left to the sound discretion of the local officials and their constituents who are responsible for such decisions The law as we interpret and apply it simply requires that those decisions be informed and therefore balanced (Goleta II supra 52 Cal 3d at 576 [276 CalRptr 410])
V LEGAL EFFECT OF FINDINGS
To the extent that these Findings conclude that proposed mitigation measures outlined in the Draft and Final EIR are feasible and have not been modified superseded or withdrawn MID hereby binds the Applicant and any other responsible parties to implement those measures
These Findings in other words are not merely informational or hortatory but constitute a binding set of obligations that will come into effect when MID adopts the resolution(s) andor ordinance(s) approving the Project (Pub Resources Code sect210816 subd (b)) In addition the adopted mitigation measures are conditions of approval
VI MITIGATION MONITORING PLAN
As required by Public Resources Code sect210816 subd (a)(I) MID in adopting these Findings also adopts a Mitigation Monitoring Plan (MMP) The MMP is designed to ensure that during Project implementation MID and any other responsible parties comply with the feasible mitigation measures identified below The plan is described in the document entitled Mitigation Monitoring Plan (which is included in Chapter 10 of the Draft EIR)
DOCS_N271S45_V4_Board_Agenda_ReportJor _The_Mchenry _Solar_Farm_ProJecC7 _26_11 Rev )ec2010 84
Jf ID =11 BOARD RESOLUTION~ -hf Dlstrld Wattrand Power
The MMP that the Board of Directors for MID will adopt with these Findings of Fact contains the Draft EIR verbatim mitigation measures (the mitigation measures were not changed in the Final EIR) The mitigation measures in the MMP are referenced to the mitigation measures contained herein in Section VII
VII SIGNIFICANT ADVERSE IMPACTS AND MITIGATION MEASURES
For all of the environmental resources that were evaluated in the EIR there were some impacts that were considered less Than Significant and other impacts within the same environmental resource were considered either Potentially Significant No impacts were deemed Significant These Findings do not address resource issues that were determined to have No Impact Resources for which No Impacts were determined include land Use and Planning Mineral Resources Population and Housing Public Services and Recreation
Less-than-Significant Impacts These Findings do not address impacts that are considered less than significant prior to mitigation The lessshythan-significant impacts are not addressed in these Findings Impacts were found to be less than significant for Agriculture and Forest Resources Energy Conservation Geology and Soils Hydrology and Water Quality Noise and Utilities and Service Systems
However due to the number of comments at the public meeting and subsequently in written comments during the public comment period about the use of agricultural land for the proposed solar farm the Board is adopting the following finding concerning the conclusion of the EIR and the independent conclusion of the Board that the project will not cause a significant environmental effect in the form of converting agricultural land Based upon substantial evidence and expert opinion of the independent EIR consultant the EIR concluded that the potential conversion of agricultural land to non-agricultural uses was not a significant effect caused by the Project In reaching this conclusion the EIR emphasized multiple facts policies and evidence The use is a temporary use allowed by a lease between the proponent and the land owner At the conclusion of the leasehold estate the proponent has a contractual obligation to restore the land to the condition present before the lease executed This includes dismantling and removing all equipment excavating and removing all underground wires and cables removing all posts and roads breaking up and removing all cement pads and foundations removing all septic tanks and leach fields and regarding the real property to facilitate continued farming operations (Decommissioning activities)
The County has the power to and may include a condition requiring the proponent complete the decommissioning actiVity Communications with Stanislaus County indicate that a formal agreement should be developed that will keep the subject property in some level of agricultural production (albeit grazing) during the project life and return it to a state suitable to agricultural production at the conclusion of the project
In addition CEQA Guideline Appendix G indicates that if a project causes a significant environmental effect if it converts prime or unique farmland or if it converts farmland of Statewide Importance The Board independently reviewed the analysis of the term convert found at page 32-3 of the Final EIR and independently concludes based upon this analysis that since the land will be restored to the agricultural condition prior to executing the lease that the project does not amount to a permanent or irreversible conversion of agricultural land Therefore the Board finds that the Project does not cause a significant environmental effect in the form of converting agricultural land
DOCS_N271S4S_V4_Board_Agenda_Report_ForJhe_MchenFl_Solar]arm_ProJecC7_l6_11 Rev De 1010 85
BOARD RESOLUTIO N
Furthermore Stanislaus County with significant expertise in the area of preserving and protecting agricultural land has previous addressed this issue and determined that a temporary use of farmland for a solar farm is a less than significant environmental effect under CEQA
Significant Impacts for Which Mitigation Measures are Provided The EIR also identified several impacts that are considered to be Potentially Significant The impacts in this category are Aesthetics Visual Quality and Light and Glare Air Quality Biological Resources Cultural and Paleontological Resources Greenhouse Gas Emissions Hazards and Hazardous Materials and Transportation and Traffic These impacts will be fully avoided through the adoption of feasible mitigation measures No significant unavoidable environmental impacts are expected from either construction or operation ofthe project
Each of these impacts can be reduced to lessmiddotthan-significant levels andor avoided with the implementation of mitigation measures They are considered below
Aesthetics Visual Quality and Light and Glare
Impact 41-2
Impact 41-2 The Project would create a new source of light or glare which could adversely affect daytime ornighttime views in the area (DEIR page ES-8)
Mitigation Measures
Mitigation Measure 41-2 Nighttime Construction Lighting Nighttime construction lighting if required shall be shielded and oriented downward to minimize effects on any nearby receptors Lighting shall be directed toward active construction areas only and shall have the minimum brightness necessary to ensure worker safety
Finding
The Board finds based on substantial evidence presented in the record of prolteedings that implementation of this measure will reduce the potentially significant impact on aesthetics visual quality and light and glare
Air Quality
Impact 43-1
Impact 43-1 Construction and decommissioning activities would generate emissions of criteria pollutants including suspended and inhalable particulate matter and equipment exhaust emissions (DEIR page ES-8 and ES-9)
OOCSN271545 V4BoordAge ndaReportfor _ TheMchenry Solo r Fa rmproject_7 _2611 Rev Oec 2010 86
~)1IDMOto Irlgation BOARD RESOLUTION
It e DItrld water and POwtr-
Mitigation Measure
Mitigation Measure 43-1 Implement Dust Control Measures The Applicant shall submit a Dust Control Plan to the APCO for approval prior to start of construction (and subsequently decommissioning) activities The Plan shall cover both Applicant and MID activities and shall require implementation of the following dust control measures
bull All disturbed areas including storage piles that are not being actively used for construction purposes shall be effectively stabilized of dust emissions using water chemical stabilizersuppressant covered with a tarp or other suitable cover or vegetative ground cover
bull All on-site unpaved roads and off-site unpaved access roads shall be effectively stabilized of dust emissions using water or chemical stabilizersuppressant
bull All land clearing grubbing scraping excavation land leveling grading cut and fill and demolition activities shall be effectively controlled of fugitive dust emissions using application of water or by presoaking
bull When materials are transported off-site all material shall be covered or effectively wetted to limit visible dust emissions and at least six inches of freeboard space from the top of the container shall be maintained
bull Limit or expeditiously remove trackout (Le accumulation of mud or dirt from Projectshyrelated vehicle tires) from adjacent public streets near the Project access points Trackout shall be immediately removed from public streets when it extends 50 or more feet from the Project access points otherwise trackout shall be removed at the end of each workday (The use of dry rotary brushes is expressly prohibited except where preceded or accompanied by sufficient wetting to limit the visible dust emissions)(Use of blower devices is expressly forbidden)
bull Following the addition of materials to or removal of materials from the surface of outdoor storage piles said piles shall be effectively stabilized of fugitive dust emissions using sufficient water or chemical stabilizersuppressant
bull limit traffic speed on unpaved on-site roads to 15 mph
bull Install sandbags or other erosion control measures to prevent silt runoff to public roadways from sites with a slope greater than one percent
bull Install windbreaks at windward side(s) of construction areas
bull Suspend excavation and grading activity when winds exceed 20 mph
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation of these measures will reduce the potentially significant impact on air quality
DOCS_N27154S_V4_Boardfgenda_RoportJor The_MchenVSolar Farm_Projece726_11 Rev Dec 2010 87
Modosto Irrlatlon BOARD RESOLUTION District~lt1ID
Wattrld ~owt
Impact 43-4
Impact 43-4 Construction and decommissioning emissions associated with the Project could result in emissions of ozone precursors and particulate matter that would be cumulatively considerable (OEIR page ES-9)
Mitigation Measure
Mitigation Measure 43-4 Implement Mitigation Measure 43-1
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation of this measure will reduce the potentially significant impact on air quality
Impact 43-6
Impact 43-6 The Project would generate emissions of criteria pollutants potentially exposing sensitive receptors to harmful pollutant concentrations (OEIR page ES-9)
Mitigation Measure
Mitigation Measure 43-6 Implement Mitigation Measure 43-1
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation ofthis measure will reduce the potentially significant impact on air quality
Biological Resources
Impact 44-1
Impact 44-1 Applicant Project activities could result in potential disturbance or loss of Swainsons hawk and their habitat (OEIR page ES-10)
Mitigation Measure
Mitigation Measure 44-1a Preconstruction Surveys for Swainsons Hawk If Project-related construction or decommissioning activities are planned to occur during the nesting period (March 1 to September 15) the Applicant shall engage a qualified biologist to conduct preconstruction surveys for Swainsons hawk and their nests no more than 14 days before the start of construction or decommissioning activities within 025 mile ofthe Project site where access is available Survey results shall be submitted to CDFG at least three days prior to the start of construction or decommissioning activities If active nests are not identified no further action is required and constructiondecommissioning may proceed If active nests are identified the Applicant shall consult with CDFG to develop and implement suitable avoidance measures consistent with the Staff Report Regarding Mitigation for Impacts to Swainsons
DOCS_N271545_V4_Boa rd_Agenda_Repor1_For_ The_Mchenry _Solar_Farm_Project_7 _26_11 Rev Dec 2010 88
f ID= BOARD RESOLUTION hlY1 IIArlel Walfr and POWir
Hawks in the Central Valley of California (CDFG 1994) To avoid impacting breeding efforts no construction or decommissioning activities shall occur between March land September 15 within 500 feet of an active nest that could cause nest abandonment or forced fledging These buffers may be reduced in consultation with CDFG Depending on conditions specific to each active nest and the relative location and rate of construction or decommissioning activities it may be feasible for such activities to occur as planned within the buffer without impacting the breeding effort In this case (to be determined in consultation with CDFG) the nest(s) shall be monitored by a qualified biologist during construction or decommissioning within the buffer The monitor shall have ltstop work authority If in the professional opinion of the monitor Project activities are negatively affecting the nesting behavior of the bird the monitor shall stop all such activities within the designated buffer Construction or decommissioning activities shall not resume until either the monitor has determined that the young have fledged the nest or as otherwise approved by CDFG With CDFG concurrence construction activities that are initiated outside the nesting season may continue even if raptors choose to nest within 500 feet of work activities Thus work may continue without delay if surveys verify the local absence of nesting raptors or if construction begins outside the nesting period (September 16 to February 28)
Mitigation Measure 44-1b Reduce Construction Noise Levels If it appears that noise or vibration from vibratory post driving associated with Project construction (or other similar noise-generating construction or decommissioning activity) could affect nesting Swainsons hawks that arrive after the start of construction specific measures including but not limited to use of noise dissipaters shall be implemented to reduce noise levels During post driving a noise level of no greater than 85 decibels (measured at the nest) shall be used as general guidance for nests that are established after construction
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation of this measure will reduce the potentially significant impact on biological resources
Impact 44-2
Impact 44-2 MID activities could result in potential disturbance or loss of Swainsons hawk and their habitat (DEIR page ES-10)
Mitigation Measure
Mitigation Measure 44-2 Avian-safe Transmission Line MID Transmission poles should be designed using criteria identified in Avian Power line Interaction Committee (APUC 2006)
OOCS_N271545_V4_Boad_AIlenda_Report]o_ The_Mchenrv_Sola_Farm_Poject_c26_11 Rev Dec 2010 89
Mdes Irrlgbullbulllen BOARD RESOLUTION
DItrid- ~lt1IDwater and Powtr
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation of this measure will reduce the potentially significant impact on biological resources
Impact 44-3 Impact 44-3 Project activities could impact other tree-nesting raptors andor protected nesting migratory birds (DEIR page ES-ll)
Mitigation Measure
Mitigation Measure 44-3 Preconstruction Raptor Surveys (Applicant) If Project-related construction andor decommissioning activities are to occur during the breeding period for nesting raptors andor protected nesting migratory birds (February 1 through August 31) the Applicant shall engage a qualified biologist to conduct preconstruction surveys of all potential habitat within 500 feet of the Project site no more than 14 days prior to the start of construction or decommissioning activities If active nests are not identified no further action is necessary If active nests are identified during preconstruction surveys a no-disturbance buffer shall be created around active raptor nests and nests of other special-status birds during the breeding season or until it is determined by the qualified biologist that all young have fledged Typical buffers are 500 feet for raptors and 250 feet for other nesting birds (eg waterfowl and passerine birds) The size of these buffer zones and types of construction or decommissioning activities allowed in these areas could be further modified in coordination with CDFG and shall be based on existing noise and disturbance levels in the Project area
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implernentation ofthis measure will reduce the potentially significant impact on biological resources
Impact 44-4
Impact 44-4 Project activities could result in potential disturbance or loss of burrowing owls and their habitat (DEIS page ES-ll)
Mitigation Measure
Mitigation Measure 44-4a Preconstruction Burrowing Owl Surveys (Applicant) The Applicant shall engage a qualified biologist to conduct preconstruction surveys for burrowing owls 14 to 30 days prior to the start of construction or decommissioning using the most current CDFG protocol Surveys shall cover grassland areas within a SOO-foot buffer from all Project constructiondecommissioning activities that are within suitable grasslands habitat including checking for adult and juvenile burrowing owls and owl nests If owls are detected during
DOCSN271545V4BoardAgendaReportForTheMchenrvSolarJarmProject72611 Rev Dec 2010 90
WID n BOARD RESOLUTION L bl Dltrld WIIIT Irld Ptlwtt
surveys occupied burrows shall not be disturbed Constructiondecommissioning exclusion areas (eg orange exclusion fence or signage) shall be established around the occupied burrows where no disturbance shall be allowed During the nonbreeding season (September 1 through January 31) the exclusion zone shall extend 160 feet around occupied burrows During the breeding season (February 1 through August 31) exclusion areas shall extend 250 feet around occupied burrows If the above requirements cannot be met passive relocation of onshysite owls may be implemented as an alternative but only during the nonbreeding season and only with prior CDFG approval Passive relocation shall be accomplished by installing one-way doors on the entrances of burrows located within 160 feet ofthe Project area The one-way doors shall be left in place for 48 hours to ensure the owls have left the burrow The burrows shall then be excavated with a qualified biologist present Constructiondecommissioning shall not proceed until the Project area is deemed free of owls by the qualified biologist
Mitigation Measure 44-4b Preconstruction Burrowing Owl Surveys (MID) Prior to construction MID shall conduct pre-construction surveys for burrowing owl for the subtransmissiondistribution line and fiber optic cable alignment These surveys shall be conducted using the most up-to-date CDFG published protocols (eg CDFGs 1995 Staff Report on Burrowing Owl Mitigation) If owls are detected during surveys occupied burrows shall not be disturbed
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation ofthis measure will reduce the potentially significant impact on biological resources
Cultural and Paleontological Resources
Impact 45-1
Impact 45-1 The proposed Project could potentially cause an adverse change in the significance of a unique archaeological resource pursuant to sect150645 (DEIR page ES-12)
Mitigation Measure
Mitigation Measure 45-1 If Cultural Resources are Discovered During Ground-Disturbing Activities Suspend Work until Resource is Evaluated Prior to the initiation of site preparation or start of construction (and subsequently decommissioning) the Applicant shall retain a qualified professional archaeologist to complete an archaeological resources training program for construction workers involved in grading and excavation activities Training shall include
awareness and recognition of archaeological materials and the procedures to follow if
construction crews encounter such materials in the course of earthwork excavation or grading If archaeological resources are encountered all activity within 50 feet of the find shall
cease until it can be evaluated by a qualified archaeologist Prehistoric archaeological materials
DOCS_N27154S_V4_Board_Asenda_Report_For_ The_Mchenry _Sol _fam]roject_7_26_11 Rev Dec 2010 91
Motlesto Irrlatlo~lt1ID BOARD RESOLUTIO N
II DIlrld VialfrantJ PCMl
could include obsidian and chert f1aked~stone tools (eg projectile points knives scrapers) or toolmaking debris culturally darkened soil (ilmidden) containing heat~affected rocks artifacts
or shellfish remains and stone milling equipment (eg mortars pestles handstones or milling slabs) and battered stone tools such as hammerstones and pitted stones Historic~period materials could include stone concrete or adobe footings and walls filled wells or privies and
deposits of metal glass andor ceramic refuse The archaeologist shall notify the Applicant and MID if the resource may be significant An appropriate treatment plan for the resources shall then be developed by the Applicant for approval by MID The archaeologist shall consult with Native American representatives in determining appropriate treatment for prehistoric or Native American cultural resources if discovered In considering any suggested mitigation proposed by the archaeologist the Applicant and MID shall determinewhether avoidance is feasible in light of factors such as the nature of the find project design costs and other considerations If avoidance is not feasible other appropriate measures (eg data recovery) shall be instituted Work may proceed in other parts of the Project site while mitigation for cultural resources in other areas of the site is being carried out
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation ofthis measure will reduce the potentially significant impact on unique archaeological resources
Impact 45-2
Impact 45-2 The proposed Project could potentially destroy a unique paleontological resource or site or unique geologic feature (DEIR page ES-12)
Mitigation Measure
Mitigation Measure 45-2 If Paleontological Resources are Discovered During Ground-Disturbing Activities Suspend Work until Resource is Evaluated Prior to the initiation of site preparation or start of construction (and subsequently decommissioning) the Applicant shall retain a qualified profeSSional paleontologist or a California Registered Professional Geologist (California RPG) with appropriate paleontological expertise as defined by the Society of Vertebrate Paleontologys Conformable Impact Mitigation Guidelines Committee (SVP 1995 Guidelines) to carry out a paleontological resources training program for construction workers involved in grading and excavation activities Training shall include awareness and recognition of potential fossil materials and the procedures to follow if construction crews encounter fossil materials in the course of earthwork excavation or grading If construction crews discover potential fossils all earthwork or other types of ground disturbance within 50 feet of the find shall stop immediately until the qualified professional paleontologist can assess the nature and importance of the find Based on the scientific value or uniqueness of the find the monitor may record the find and allow work to continue or recommend salvage and recovery of the fossil The Applicant shall require the paleontologist to be on-call throughout the duration of ground-disturbing activities
DOCS_N27154S_ V4_Boa rd_Agenda_Report]or_The_Mchenry _Solar ]a_ProjecC7_26_11 Rev Dec 2010 92
ID= BOARD RESOLUTION I 11 DlstrldwIltIdPowt
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation of this measure will reduce the potentially significant impact on paleontological resources
Impact 45-3
Impact 45-3 The proposed Project could potentially disturb any human remains including those interred outside of formal cemeteries (DEIR page ESmiddot13)
Mitigation Measure
Mitigation Measure 45-3 Halt Work if Human Skeletal Remains are Identified During Construction If human skeletal remains are uncovered during Project construction (and subsequently decommissioning) work shall immediately halt within 100 feet of the find The Applicant shall contact the Stanislaus County Coroner to evaluate the remains and shall follow the procedures and protocols set forth in sect150645(e(1) of the CEQA Guidelines If the County Coroner determines that the remains are Native American the Applicant shall contact the Native American Heritage Commission in accordance with Health and Safety Code Section 70505 subdivision (c) and Public Resources Code 509798 (as amended by AB 2641) The Native American Heritage Commission will designate a Most Likely Descendent of the deceased Native American who will provide recommendations as to the future disposition ofthe remains
Finding
The Board finds based on substantjal evidence presented in the record of proceedings that implementation of this measure will reduce the potentially Significant impact on human remains
Greenhouse Gas Emissions
Impact 48-2
Impact 48-2 The Project could conflict with the California Air Resources Boards Climate Change Scoping Plan (DEIR page ES-14)
Mitigation Measure
Mitigation Measure 48-2 Low SF6 Leak Rate Circuit Breaker and Monitoring The applicant shall ensure that the circuit breaker installed at the proposed new substation has a guaranteed SF6 annual leak rate of no more than 05 percent by volume The Applicant shall provide MID with documentation of compliance such as specification sheets prior to installation of the circuit breaker In addition the Applicant shall monitor the SF6middotcontaining circuit breaker at the substation consistent with Scoping Plan Measure H-6 for the detection and repair of leaks
OOCSN271545V4BoarltljgendaReportJo rTheMchenry_SolarJarm_Project72611 Rev Dec 2010 93
~MID
Mst Irrl_60 BOARD RESOLUTION
II District Weltr _rut Pampftl
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation ohhis measure will reduce the potentially significant impact on greenhouse gas emissions
Hazards and Hazardous Materials
Impact 49-2
Impact 49-2 The Project could result in an accidental spill or leak during construction or decommissioning that could release hazardous materials into the environment (DEIR page ESshy14)
Mitigation Measure
Mitigation Measure 49-2 Accidental Spill Prevention and Response Plan The Applicant shall prepare an Accidental Spill Prevention and Response Plan for construction and decommissioning activities for review and approval by Modesto Irrigation District The plan shall identify measures to prevent accidental spills from leaving the site and methods for responding to and cleaning up spills to limit the amount of materials released into the environment Such measures shall include but not be limited to ensuring that absorbent material tarps storage drums and other emergency spill supplies and equipment are kept at the Project site at all times
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation of this measure will reduce the potentially significant impact on hazardous materials
Transportation and Traffic
Impact 417-1
Impact 417-1 Project construction and decommissioning activities could intermittently and temporarily increase traffic congestion due to vehicle trips generated by construction workers and construction vehicles on area roadways (DEIR page ES-16)
Mitigation Measure
Mitigation Measure 417-1a MID Traffic Control Measures During construction and decommissioning of the sub-transmission and distribution lines and fiber optic cable MID shall implement the following traffic mitigation measures from the 2006 PEIR Update (2006 PEIR Update p 10-6)
DOCSN271545V4BoadAgendaRepoCForTheMhenrvSolaFarmProJeet72611 Rev Dolt 2010 94
cIbullbulltomiddot Irrlgatlon BOARD RESOLUTION e DistrIct~lt1ID
Wntr and POwtf
1 MID will coordinate design and construction of program facilities with the agencies with jurisdiction including Caltrans counties cities special districts other utilities and the FAA as required
2 MID will obtain any necessary encroachment permits inspections or other approvals from agencies with jurisdiction
2A MID will obtain any necessary approvals and inspections from agencies with jurisdiction
2B MID shall coordinate the design and construction and shall obtain any necessary permits from the County City or State prior to placing any facilities within the public road rights-of-way of those agencies and shall conform to applicable conditions in the encroachment permit
3 MID will utilize all necessary precautions to minimize safety concerns when working within public road rights-of-way Traffic safety cones construction signage or other measures will be used to alert drivers to construction activities
4 Electrical facilities placed within public rights-of-way will comply with applicable standards for avoiding hazards to drivers pedestrians and bicyclists
Mitigation Measure 417-1bApplicant Construction Traffic Management and Safety Plan Prior to the start of construction (and subsequently decommissioning) of the Project the Applicant shall prepare and implement a Traffic Management and Safety Plan that shall reduce or eliminate impacts associated with the Project The Plan shall adhere to Stanislaus County and Caltrans requirements and shall include at a minimum the following elements
a) Schedule Project-generated construction truck trips on SR 99 SR 108 and SR 219 outside the peak morning and evening commute hours to reduce potential traffic congestion and reduce potentia I for transit delays during the p traffic congestion and reduce potential for transit delays during the peak commute periods
b) Comply with transportation permit requirements of Caltrans and CHP when scheduling Project-generated construction truck trips carrying oversized loads In addition provide preshynotification to local police fire and emergency service providers of the timing location and duration of construction activities that could affect the movement of emergency vehicles on area roadways
c) Place signs (eg Slow Trucks andor Trucks Turning Ahead) along appropriate roads to notify drivers of construction traffic throughout the duration of the constructionperiodeak commute periods
DOCSN271545V4Boord_AgendaReportJorThe_MchenrySolaFa rmProject72611 Rev Dec 2010 95
IDn BOARD RESOLUTION~ -bl Dstrld Water lila POwtr
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation ofthis measure will reduce the potentially significant impact on traffic and transportation
Impact 417-3
Impact 417-3 Project construction and decommissioning activities could substantially increase traffic hazards due to construction in or adjacent to roads (DEIR page ES-17)
Mitigation Measure
Mitigation Measure 417-3 Implement Mitigation Measures 417-1a and 417-1b
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation of this measure will reduce the potentially significant impact on traffic and transportation
Impact 417-4
Impact 417-4 The Project could result in inadequate emergency access (DEIR page ES-17)
Mitigation Measure
Mitigation Measure 417-4 Develop an Emergency Access Plan for the Site The Applicant shall develop and implement an Emergency Access Plan which shall include evacuation routes and strategies to ensure accessibility and mobility for project area and emergency vehicles AdditionaI measures include developing an emergency action plan that identifies roles and responsibilities during emergencies and to update the plan regularly
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation of this measure will reduce the potentially significant impact on emergency access
VIII PROJECT ALTERNATIVES
The McHenry Solar Farm Project EIR is a project-specific ErR that evaluated a more than a dozen alternative locations to the proposed site three alternative sub-transmission line interconnection points for the proposed site three alternative solar technologies concentrated solar parabolic trough concentrated solar power tower and thin-film PV and two alternative approaches to the proposed generation of solar energy conservation and demand side management and distributed generation solar Table 1 lists the alternatives that were considered as well as which ones passed and the others that failed the screening analysis that was performed In addition the No Project Alternative was conSidered
DOCSN271545 V4BoardAgend bullbullReporCFor TheMchenry SolarFarmProJect72611 Rev Dec 2010
bull
96
~IDn BOARD RESOLUTION bJlTI District Waterlnd Power
The Final EIR presented the analysis for rejecting the alternative sites The Board independently evaluated this analysis and concurs in the analysis and conclusions presented The answering of the key question (See CEQA Guidelines Section 151266f)(2)A)) the Board finds that the Project does not cause any significant
environmental effect that is not reduced to less than significant with mitigation measures Never the lessl the EIR opted to address alternative sites
Various public comments offered generalized comments on alternatives sites No substantial evidence was presented regarding the feasibility of such sites or the reasonable ability of the Applicant to acquire the sitesl
and substantial evidence was not presented that these alternative sites would lessen all ofthe Projects significant effects to less than significant
DOCS_N271545_V4_Board_Ai n_ReporCFor _The_Mchenry _SolacFarm_Project_7 _26_11 Rev Dec 2010 97
COPIES OF THE DRAFT AND FINAL ENVIRONMENTALIMPACT REPORT AND ARE AVAILABLE FOR REVIEW ATTHE COUNTY PLANNING DEPARTMENT OFFICE OR VIATHE INTERNET AThttpwwwstancountycomplanningplagenda-min-2011shtm HARD COPIES OF ALL EIR DOCUMENTS REFERENCED INTHIS REPORT HAVE BEEN PROVIDED TO EACH MEMBEROF THE PLANNING COMMISSION
98
Executive Summary
McHenry Solar Project ES-8 May 2011 Draft Environmental Impact Report
TABLE ES-1 SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Aesthetics Visual Quality and Light and Glare
Impact 41-1 The Project could degrade the existing visual character or quality of the site and its surroundings
Less than Significant
None required
Impact 41-2 The Project would create a new source of light or glare which could adversely affect daytime or nighttime views in the area
Potentially Significant
Mitigation Measure 41-2 Nighttime Construction Lighting Nighttime construction lighting if required shall be shielded and oriented downward to minimize effects on any nearby receptors Lighting shall be directed toward active construction areas only and shall have the minimum brightness necessary to ensure worker safety
Less than Significant
Agriculture and Forest Resources
Impact 42-1 The Project would temporarily discontinue the current exclusive agricultural use (row crops) of Prime Farmland to a mix of agricultural use (grazing) and non-agricultural use
Less than Significant
None required
Air Quality
Impact 43-1 Construction and decommissioning activities would generate emissions of criteria pollutants including suspended and inhalable particulate matter and equipment exhaust emissions
Potentially Significant
Mitigation Measure 43-1 Implement Dust Control Measures The Applicant shall submit a Dust Control Plan to the APCO for approval prior to start of construction (and subsequently decommissioning) activities The Plan shall cover both Applicant and MID activities and shall require implementation of the following dust control measures
All disturbed areas including storage piles that are not being actively used for construction purposes shall be effectively stabilized of dust emissions using water chemical stabilizersuppressant covered with a tarp or other suitable cover or vegetative ground cover
All on-site unpaved roads and off-site unpaved access roads shall be effectively stabilized of dust emissions using water or chemical stabilizersuppressant
All land clearing grubbing scraping excavation land leveling grading cut and fill and demolition activities shall be effectively controlled of fugitive dust emissions using application of water or by presoaking
When materials are transported off-site all material shall be covered or effectively wetted to limit visible dust emissions and at least six inches of freeboard space from the top of the container shall be maintained
Limit or expeditiously remove trackout (ie accumulation of mud or dirt from Project-related vehicle tires) from adjacent public streets near the Project access points Trackout shall be immediately removed from public streets when it extends 50 or more feet from the Project access points otherwise trackout shall be removed at the end of each workday (The use of dry rotary brushes is expressly prohibited except where preceded or accompanied by sufficient wetting to limit the visible dust emissions)(Use of blower devices is expressly forbidden)
Less than Significant
99
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-9 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Air Quality (cont)
Impact 43-1 (cont) Following the addition of materials to or removal of materials from the surface of outdoor storage piles said piles shall be effectively stabilized of fugitive dust emissions using sufficient water or chemical stabilizersuppressant
Limit traffic speed on unpaved on-site roads to 15 mph
Install sandbags or other erosion control measures to prevent silt runoff to public roadways from sites with a slope greater than one percent
Install windbreaks at windward side(s) of construction areas
Suspend excavation and grading activity when winds exceed 20 mph
Impact 43-2 Operation of the Project would generate exhaust emissions of criteria pollutants from routine operations
Less than Significant
None required
Impact 43-3 The Project could result in permanently disturbed land that would serve as a source of fugitive dust emissions
Less than Significant
None required
Impact 43-4 Construction and decommissioning emissions associated with the Project could result in emissions of ozone precursors and particulate matter that would be cumulatively considerable
Potentially Significant
Mitigation Measure 43-4 Implement Mitigation Measure 43-1 Less than Significant
Impact 43-5 Operation and maintenance of the Project could generate emissions of criteria pollutants that would be cumulatively considerable
Less than Significant
None required
Impact 43-6 The Project would generate emissions of criteria pollutants potentially exposing sensitive receptors to harmful pollutant concentrations
Potentially Significant
Mitigation Measure 43-6 Implement Mitigation Measure 43-1 Less than Significant
Impact 43-7 The Project would generate emissions of Toxic Air Contaminants potentially exposing sensitive receptors to harmful pollutant concentrations
Less than Significant
None required
100
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-10 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Biological Resources
Impact 44-1 Applicant Project activities could result in potential disturbance or loss of Swainsonrsquos hawk and their habitat
Potentially Significant
Mitigation Measure 44-1a Preconstruction Surveys for Swainsonrsquos Hawk If Project-related construction or decommissioning activities are planned to occur during the nesting period (March 1 to September 15) the Applicant shall engage a qualified biologist to conduct preconstruction surveys for Swainsonrsquos hawk and their nests no more than 14 days before the start of construction or decommissioning activities within 025 mile of the Project site where access is available Survey results shall be submitted to CDFG at least three days prior to the start of construction or decommissioning activities If active nests are not identified no further action is required and constructiondecommissioning may proceed If active nests are identified the Applicant shall consult with CDFG to develop and implement suitable avoidance measures consistent with the Staff Report Regarding Mitigation for Impacts to Swainsonrsquos Hawks in the Central Valley of California (CDFG 1994) To avoid impacting breeding efforts no construction or decommissioning activities shall occur between March 1 and September 15 within 500 feet of an active nest that could cause nest abandonment or forced fledging These buffers may be reduced in consultation with CDFG
Depending on conditions specific to each active nest and the relative location and rate of construction or decommissioning activities it may be feasible for such activities to occur as planned within the buffer without impacting the breeding effort In this case (to be determined in consultation with CDFG) the nest(s) shall be monitored by a qualified biologist during construction or decommissioning within the buffer The monitor shall have ldquostop workrdquo authority If in the professional opinion of the monitor Project activities are negatively affecting the nesting behavior of the bird the monitor shall stop all such activities within the designated buffer Construction or decommissioning activities shall not resume until either the monitor has determined that the young have fledged the nest or as otherwise approved by CDFG
With CDFG concurrence construction activities that are initiated outside the nesting season may continue even if raptors choose to nest within 500 feet of work activities Thus work may continue without delay if surveys verify the local absence of nesting raptors or if construction begins outside the nesting period (September 16 to February 28)
Less than Significant
Mitigation Measure 44-1b Reduce Construction Noise Levels If it appears that noise or vibration from vibratory post driving associated with Project construction (or other similar noise-generating construction or decommissioning activity) could affect nesting Swainsonrsquos hawks that arrive after the start of construction specific measures including but not limited to use of noise dissipaters shall be implemented to reduce noise levels During post driving a noise level of no greater than 85 decibels (measured at the nest) shall be used as general guidance for nests that are established after construction
Impact 44-2 MID activities could result in potential disturbance or loss of Swainsonrsquos hawk and their habitat
Potentially Significant
Mitigation Measure 44-2 Avian-safe Transmission Line (MID) Transmission poles should be designed using criteria identified in Avian Power Line Interaction Committee (APLIC 2006)
Less than Significant
101
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-11 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Biological Resources (cont)
Impact 44-3 Project activities could impact other tree-nesting raptors andor protected nesting migratory birds
Potentially Significant
Mitigation Measure 44-3 Preconstruction Raptor Surveys (Applicant) If Project-related construction andor decommissioning activities are to occur during the breeding period for nesting raptors andor protected nesting migratory birds (February 1 through August 31) the Applicant shall engage a qualified biologist to conduct preconstruction surveys of all potential habitat within 500 feet of the Project site no more than 14 days prior to the start of construction or decommissioning activities If active nests are not identified no further action is necessary If active nests are identified during preconstruction surveys a no-disturbance buffer shall be created around active raptor nests and nests of other special-status birds during the breeding season or until it is determined by the qualified biologist that all young have fledged Typical buffers are 500 feet for raptors and 250 feet for other nesting birds (eg waterfowl and passerine birds) The size of these buffer zones and types of construction or decommissioning activities allowed in these areas could be further modified in coordination with CDFG and shall be based on existing noise and disturbance levels in the Project area
Less than Significant
Impact 44-4 Project activities could result in potential disturbance or loss of burrowing owls and their habitat
Potentially Significant
Mitigation Measure 44-4a Preconstruction Burrowing Owl Surveys (Applicant) The Applicant shall engage a qualified biologist to conduct preconstruction surveys for burrowing owls 14 to 30 days prior to the start of construction or decommissioning using the most current CDFG protocol Surveys shall cover grassland areas within a 500-foot buffer from all Project constructiondecommissioning activities that are within suitable grasslands habitat including checking for adult and juvenile burrowing owls and owl nests If owls are detected during surveys occupied burrows shall not be disturbed
Constructiondecommissioning exclusion areas (eg orange exclusion fence or signage) shall be established around the occupied burrows where no disturbance shall be allowed During the nonbreeding season (September 1 through January 31) the exclusion zone shall extend 160 feet around occupied burrows During the breeding season (February 1 through August 31) exclusion areas shall extend 250 feet around occupied burrows
If the above requirements cannot be met passive relocation of on-site owls may be implemented as an alternative but only during the nonbreeding season and only with prior CDFG approval Passive relocation shall be accomplished by installing one-way doors on the entrances of burrows located within 160 feet of the Project area The one-way doors shall be left in place for 48 hours to ensure the owls have left the burrow The burrows shall then be excavated with a qualified biologist present Constructiondecommissioning shall not proceed until the Project area is deemed free of owls by the qualified biologist
Less than Significant
Mitigation Measure 44-4b Preconstruction Burrowing Owl Surveys (MID) Prior to construction MID shall conduct pre-construction surveys for burrowing owl for the sub-transmissiondistribution line and fiber optic cable alignment These surveys shall be conducted using the most up-to-date CDFG published protocols (eg CDFGs 1995 Staff Report on Burrowing Owl Mitigation) If owls are detected during surveys occupied burrows shall not be disturbed
102
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-12 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Cultural and Paleontological Resources
Impact 45-1 The proposed Project could potentially cause an adverse change in the significance of a unique archaeological resource pursuant to sect150645
Potentially Significant
Mitigation Measure 45-1 If Cultural Resources are Discovered During Ground-Disturbing Activities Suspend Work until Resource is Evaluated Prior to the initiation of site preparation or start of construction (and subsequently decommissioning) the Applicant shall retain a qualified professional archaeologist to complete an archaeological resources training program for construction workers involved in grading and excavation activities Training shall include awareness and recognition of archaeological materials and the procedures to follow if construction crews encounter such materials in the course of earthwork excavation or grading If archaeological resources are encountered all activity within 50 feet of the find shall cease until it can be evaluated by a qualified archaeologist Prehistoric archaeological materials could include obsidian and chert flaked-stone tools (eg projectile points knives scrapers) or toolmaking debris culturally darkened soil (ldquomiddenrdquo) containing heat-affected rocks artifacts or shellfish remains and stone milling equipment (eg mortars pestles handstones or milling slabs) and battered stone tools such as hammerstones and pitted stones Historic-period materials could include stone concrete or adobe footings and walls filled wells or privies and deposits of metal glass andor ceramic refuse The archaeologist shall notify the Applicant and MID if the resource may be significant An appropriate treatment plan for the resources shall then be developed by the Applicant for approval by MID The archaeologist shall consult with Native American representatives in determining appropriate treatment for prehistoric or Native American cultural resources if discovered
In considering any suggested mitigation proposed by the archaeologist the Applicant and MID shall determine whether avoidance is feasible in light of factors such as the nature of the find project design costs and other considerations If avoidance is not feasible other appropriate measures (eg data recovery) shall be instituted Work may proceed in other parts of the Project site while mitigation for cultural resources in other areas of the site is being carried out
Less than Significant
Impact 45-2 The proposed Project could potentially destroy a unique paleontological resource or site or unique geologic feature
Potentially Significant
Mitigation Measure 45-2 If Paleontological Resources are Discovered During Ground-Disturbing Activities Suspend Work until Resource is Evaluated Prior to the initiation of site preparation or start of construction (and subsequently decommissioning) the Applicant shall retain a qualified professional paleontologist or a California Registered Professional Geologist (California RPG) with appropriate paleontological expertise as defined by the Society of Vertebrate Paleontologyrsquos Conformable Impact Mitigation Guidelines Committee (SVP 1995 Guidelines) to carry out a paleontological resources training program for construction workers involved in grading and excavation activities Training shall include awareness and recognition of potential fossil materials and the procedures to follow if construction crews encounter fossil materials in the course of earthwork excavation or grading If construction crews discover potential fossils all earthwork or other types of ground disturbance within 50 feet of the find shall stop immediately until the qualified professional paleontologist can assess the nature and importance of the find Based on the scientific value or uniqueness of the find the monitor may record the find and allow work to continue or recommend salvage and recovery of the fossil The Applicant shall require the paleontologist to be ldquoon-callrdquo throughout the duration of ground-disturbing activities
Less than Significant
103
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-13 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Cultural and Paleontological Resources (cont)
Impact 45-3 The proposed Project could potentially disturb any human remains including those interred outside of formal cemeteries
Potentially Significant
Mitigation Measure 45-3 Halt Work if Human Skeletal Remains are Identified During Construction If human skeletal remains are uncovered during Project construction (and subsequently decommissioning) work shall immediately halt within 100 feet of the find The Applicant shall contact the Stanislaus County Coroner to evaluate the remains and shall follow the procedures and protocols set forth in sect150645(e)(1) of the CEQA Guidelines If the County Coroner determines that the remains are Native American the Applicant shall contact the Native American Heritage Commission in accordance with Health and Safety Code Section 70505 subdivision (c) and Public Resources Code 509798 (as amended by AB 2641) The Native American Heritage Commission will designate a Most Likely Descendent of the deceased Native American who will provide recommendations as to the future disposition of the remains
Less than Significant
Energy Conservation
Impact 46-1 The construction operation and maintenance and decommissioning of the Project could result in consumption of energy
Less than Significant
None required
Impact 46-2 Construction operation and maintenance and decommissioning of the Project would require use of transportation energy
Less than Significant
None required
Impact 46-3 The Projectrsquos overall use of efficient transportation alternatives would be limited
Less than Significant
None required
Geology and Soils
Impact 47-1 The Project could expose people or structures to potential adverse effects including the risk of loss injury or death involving strong seismic ground shaking and earthquake-induced ground failure (such as liquefaction and lateral spreading)
Less than Significant
None required
Impact 47-2 The Project could result in soil erosion or loss of topsoil
Less than Significant
None required
Impact 47-3 The Project could be located on expansive soil as defined in Table 18-1-B of the Uniform Building Code (1994) creating risks to life or property
Less than Significant
None required
104
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-14 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Geology and Soils (cont)
Impact 47-4 The Project site could have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater
Less than Significant
None required
Greenhouse Gas Emissions
Impact 48-1 The Project would result in emissions of greenhouse gases that would contribute to global climate change
Less than Significant
None required
Impact 48-2 The Project could conflict with the California Air Resources Boardrsquos Climate Change Scoping Plan
Potentially Significant
Mitigation Measure 48-2 Low SF6 Leak Rate Circuit Breaker and Monitoring The Applicant shall ensure that the circuit breaker installed at the proposed new substation has a guaranteed SF6 annual leak rate of no more than 05 percent by volume The Applicant shall provide Modesto Irrigation District with documentation of compliance such as specification sheets prior to installation of the circuit breaker In addition the Applicant shall monitor the SF6-containing circuit breaker at the substation consistent with Scoping Plan Measure H-6 for the detection and repair of leaks
Less than Significant
Hazards and Hazardous Materials
Impact 49-1 Project construction decommissioning and operationmaintenance could create a hazard to the public or the environment through the routine transport use or disposal of hazardous materials
Less than Significant
None required
Impact 49-2 The Project could result in an accidental spill or leak during construction or decommissioning that could release hazardous materials into the environment
Potentially Significant
Mitigation Measure 49-2 Accidental Spill Prevention and Response Plan The Applicant shall prepare an Accidental Spill Prevention and Response Plan for construction and decommissioning activities for review and approval by Modesto Irrigation District The plan shall identify measures to prevent accidental spills from leaving the site and methods for responding to and cleaning up spills to limit the amount of materials released into the environment Such measures shall include but not be limited to ensuring that absorbent material tarps storage drums and other emergency spill supplies and equipment are kept at the Project site at all times
Less than Significant
Hydrology and Water Quality
Impact 410-1 The Project could potentially degrade water quality such that it could violate water quality standards or waste discharge requirements
Less than Significant
None required
105
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-15 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Hydrology and Water Quality (cont)
Impact 410-2 The Project could alter the existing drainage pattern of the site in a manner that could result in erosion or sedimentation on- or off-site or which could contribute to flooding
Less than Significant
None required
Impact 410-3 The Project could create or contribute runoff water that could exceed the capacity of existing or planned stormwater drainage systems or provide additional sources of polluted runoff
Less than Significant
None required
Impact 410-4 The Project could expose people or structures to a risk of loss injury or death involving flooding including flooding as a result of the failure of a levee or dam
Less than Significant
None required
Land Use and Planning
The Project would have no impacts in this resource area
Mineral Resources
The Project would have no impacts in this resource area
Noise
Impact 413-1 Project-related post driving would result in exposure of persons to groundborne vibration
Less than Significant
None required
Impact 413-2 Operation and maintenance of the Project would increase local ambient noise levels
Less than Significant
None required
Impact 413-3 Project construction and decommissioning activities would temporarily increase local ambient noise levels
Less than Significant
None required
Population and Housing
The Project would have no impacts in this resource area
106
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-16 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Public Services
The Project would have no impacts in this resource area
Recreation
The Project would have no impacts in this resource area
Transportation and Traffic
Impact 417-1 Project construction and decommissioning activities could intermittently and temporarily increase traffic congestion due to vehicle trips generated by construction workers and construction vehicles on area roadways
Potentially Significant
Mitigation Measure 417-1a MID Traffic Control Measures During construction and decommissioning of the sub-transmission and distribution lines and fiber optic cable MID shall implement the following traffic mitigation measures from the 2006 PEIR Update (2006 PEIR Update p 10-6)
1 MID will coordinate design and construction of program facilities with the agencies with jurisdiction including Caltrans counties cities special districts other utilities and the FAA as required
2 MID will obtain any necessary encroachment permits inspections or other approvals from agencies with jurisdiction
2A MID will obtain any necessary approvals and inspections from agencies with jurisdiction
2B MID shall coordinate the design and construction and shall obtain any necessary permits from the County City or State prior to placing any facilities within the public road rights-of-way of those agencies and shall conform to applicable conditions in the encroachment permit
3 MID will utilize all necessary precautions to minimize safety concerns when working within public road rights-of-way Traffic safety cones construction signage or other measures will be used to alert drivers to construction activities
4 Electrical facilities placed within public rights-of-way will comply with applicable standards for avoiding hazards to drivers pedestrians and bicyclists
Less than Significant
Mitigation Measure 417-1b Applicant Construction Traffic Management and Safety Plan Prior to the start of construction (and subsequently decommissioning) of the Project the Applicant shall prepare and implement a Traffic Management and Safety Plan that shall reduce or eliminate impacts associated with the Project The Plan shall adhere to Stanislaus County and Caltrans requirements and shall include at a minimum the following elements
a) Schedule Project-generated construction truck trips on SR 99 SR 108 and SR 219 outside the peak morning and evening commute hours to reduce potential traffic congestion and reduce potential for transit delays during the peak commute periods
107
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-17 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Transportation and Traffic (cont)
Impact 417-1 (cont) b) Comply with transportation permit requirements of Caltrans and CHP when scheduling Project-generated construction truck trips carrying oversized loads In addition provide pre-notification to local police fire and emergency service providers of the timing location and duration of construction activities that could affect the movement of emergency vehicles on area roadways
c) Place signs (eg ldquoSlow Trucksrdquo andor ldquoTrucks Turning Aheadrdquo) along appropriate roads to notify drivers of construction traffic throughout the duration of the construction period
Impact 417-2 The Project could conflict with established congestion management programs on affected roads or highways
Less than Significant
None required
Impact 417-3 Project construction and decommissioning activities could substantially increase traffic hazards due to construction in or adjacent to roads
Potentially Significant
Mitigation Measure 417-3 Implement Mitigation Measures 417-1a and 417-1b Less than Significant
Impact 417-4 The Project could result in inadequate emergency access
Potentially Significant
Mitigation Measure 417-4 Develop an Emergency Access Plan for the Site The Applicant shall develop and implement an Emergency Access Plan which shall include evacuation routes and strategies to ensure accessibility and mobility for project area and emergency vehicles Additional measures include developing an emergency action plan that identifies roles and responsibilities during emergencies and to update the plan regularly
Less than Significant
Utilities and Service Systems
Impact 418-1 The proposed Project would require or result in the construction of new stormwater drainage facilities the construction of which could cause significant environmental effects
Less than Significant
None required
108
109
110
REFERRED TO
YE
S
NO
WILL NOT
HAVE
SIGNIFICANT
IMPACT
MAY HAVE
SIGNIFICANT
IMPACT
NO COMMENT
NON CEQA YE
S
NO
YE
S
NO
AGRICULTURE COMMISSIONER X
AIRPORT LAND USE COMMISSION X
ALLIANCE X
BUILDING PERMITS DIVISION X X X
CALTRANS DISTRICT 10 X
CHIEF EXECUTIVE OFFICE X
CITY OF RIVERBANK X
COOPERATIVE EXTENSION X
CORPS OF ENGINEERS X
COUNTY COUNSEL X
ENVIRONMENTAL RESOURCES X X X
FIRE PROTECTION DIST STANISLAUS
CONSOLIDATED X X X
FISH amp GAME DEPT OF X
HAZARDOUS MATERIALS X
IRRIGATION DISTRICT MODESTO X X X
LAFCO X
MODESTO REGIONAL FIRE AUTHORITY FPB X
MOSQUITO DISTRICT EASTSIDE X
MT VALLEY EMERGENCY MEDICAL X
PACIFIC GAS amp ELECTRIC X
PUBLIC WORKS X X X
REGIONAL WATER QUALITY CONTROL X
SAN JOAQUIN VALLEY APCD X
SCHOOL DISTRICT 1 MODESTO X X X
SCHOOL DISTRICT 2 STANISLAUS X
SHERIFF X
StanCOG X
STANISLAUS COUNTY FARM BUREAU X
STANISLAUS ERC X
STATE CLEARINGHOUSE X
STATE LANDS COMMISSION X
SUPERVISORIAL DISTRICT 4 MONTEITH X
SURROUNDING LAND OWNERS
TELEPHONE COMPANY ATampT X
UNITED STATES MILITARY AGENCIES (SB 1462) (5 agencies) X
US FISH amp WILDLIFE X
X
X
SUMMARY OF RESPONSES FOR USE PERMIT REVIEW REFERRALS
RESPONDED RESPONSEMITIGATION
MEASURESCONDITIONS
PROJECT USE PERMIT APPLICATION NO 2011-10 - McHENRY SOLAR FARM
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
RESPONSIBLE
AGENCY REFERRAL
PUBLIC HEARING
NOTICE
X
X
X
X
X
X
X
X
X
111
Moto Irrigation BOARD RESOLUTION~lt1ID II District
WattralUtPOWott
The obligation to substantially lessen or avoid significant effects where feasible is implemented in part through the adoption of CEQA findings as mandated by Public Resources Code sect21081 The parallel section in the CEQA Guidelines is sect15091 which provides that before an agency can approve a project for which an EIR has identified significant environmental effects the agency must first adopt one or more findings for each [such] significant effect For each effect the agencys findings must reach one or more of three permissible conclusions
The first possible finding IS that changes or alterations have been required in or incorporated into the project which avoid or substantially lessen the significant environmental effect as identified in the final ErR (CEQA Guidelines sect15091 subd (a)(1))
The second permissible finding is that (s)uch changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding Such changes have been adopted by such other agency or can and should be adopted by such other agency (CEQA Guidelines sect15091 subd (a)(2))
As to the third permissible conclusion CEQA Guidelines sect15091 no longer exactly tracks the statutory language ofPublic Resources Code sect21081 subdivision (a)(3) which was amended in 1993 and again in 1994 The amended statute provides that the third permissible conclusion is that (s)pecific economic legal social technological or other considerations including provision of employment opportunities for highly trained workers make infeasible the mitigation measures or project alternatives identified in the ErR (Pub Resources Code sect21081 subd (a)(3) see also CEQA Guidelines sect15091 subd (a)(3))
The CEQA Guidelines do not define the difference between avoiding a significant environmental effect and merely substantially lessening such an effect MID must therefore glean the meaning of these terms from the other contexts in which the terms are used Public Resources Code section 21081 on which CEQA Guidelines section 15091 is based uses the term mitigate rather that substantially lessen Such an understanding ofthe statutory term is consistent with Public Resources Code sect21002 which as noted earlier uses the terms substantially lessen and avoid but does not use the word mitigate
For purposes of these findings the term avoid refers to the effectiveness of one or more mitigation measure to reduce an otherwise significant effect to a less than significant level In contrast the term substantially lessen refers to the effectiveness of such a measure or measure to substantially reduce the severity of a significant effect but not to reduce that effect to a less than significant level
Although CEQA Guidelines Section 15091 requires only that approving agencies specify that a particular significant effect is avoid[ed] or substantially lessen[edJ these findings for purposes of clarity in each case will specify whether the effect in question has been avoided (Ie reduced to a less than significant levels) or has simply been substantially lessened but remains significant
In seeking to effectuate the substantive policy of CEQA to substantially lessen or avoid significant environmental effects to the extent feaSible an agency in adopting findings need not necessarily address the feasibility of both mitigation measures and environmentally superior alternatives when contemplating approval of a proposed project with significant impacts Where a significant impact can
DOCS_N271545_V4_Boaro_Agenda_ReportJor _The_Mchenry _Solar_Farl11_ProjecC7_26_11 Rev Dec 2010 83
BOARD RESOLUTION
be mitigated to an acceptable level solely by the adoption of a feasible mitigation measure or measures the agency in drafting its findings has no obligation even to consider the feasibility of any environmentally superior alternative that could also substantially lessen or avoid that same impactshyeven ifthe alternative would render the impact less severe than would the proposed project as mitigated (laurel Hills Homeowners Associated v City Council (1978) 83 Ca1App3d515 521 [147 CalRptr 842] see also Kings County Farm Bureau v City of Hanford (1990) 221 CalApp3d 692 730shy731 [270 CalRptr 650] and laurel Heights Improvement Associated v Regents ofthe University of California (Laurel Heights I) (1988)47 Cal 3d 376 400-403 [253 CalRptr 426])
In these findings MID first addresses the extent to which each significant environmental effect can be substantially lessened or avoided through the adoption of feasible mitigation measures MID also addresses the extent to which alternatives described in the EIR are (i) environmentally superior and (ii) feasible within the meaning of CEQA
In cases in which a projects significant effects cannot be mitigated or avoided an agency after adopting proper findings may nevertheless approve the project if it first adopts a statement of overriding considerations setting forth the specific reasons why the agency found that the benefits of the project outweigh the significant effects on the environment (Pub Resources Code sect21081 subd (b) see also CEQA Guidelines sectsect15093 15043 subd (b)) In this case all impacts have been mitigated sufficiently so that a statement of overriding considerations is not needed
The California Supreme Court has stated that (t)he wisdom of approvingany development project a delicate task which requires a balancing of interests is necessarily left to the sound discretion of the local officials and their constituents who are responsible for such decisions The law as we interpret and apply it simply requires that those decisions be informed and therefore balanced (Goleta II supra 52 Cal 3d at 576 [276 CalRptr 410])
V LEGAL EFFECT OF FINDINGS
To the extent that these Findings conclude that proposed mitigation measures outlined in the Draft and Final EIR are feasible and have not been modified superseded or withdrawn MID hereby binds the Applicant and any other responsible parties to implement those measures
These Findings in other words are not merely informational or hortatory but constitute a binding set of obligations that will come into effect when MID adopts the resolution(s) andor ordinance(s) approving the Project (Pub Resources Code sect210816 subd (b)) In addition the adopted mitigation measures are conditions of approval
VI MITIGATION MONITORING PLAN
As required by Public Resources Code sect210816 subd (a)(I) MID in adopting these Findings also adopts a Mitigation Monitoring Plan (MMP) The MMP is designed to ensure that during Project implementation MID and any other responsible parties comply with the feasible mitigation measures identified below The plan is described in the document entitled Mitigation Monitoring Plan (which is included in Chapter 10 of the Draft EIR)
DOCS_N271S45_V4_Board_Agenda_ReportJor _The_Mchenry _Solar_Farm_ProJecC7 _26_11 Rev )ec2010 84
Jf ID =11 BOARD RESOLUTION~ -hf Dlstrld Wattrand Power
The MMP that the Board of Directors for MID will adopt with these Findings of Fact contains the Draft EIR verbatim mitigation measures (the mitigation measures were not changed in the Final EIR) The mitigation measures in the MMP are referenced to the mitigation measures contained herein in Section VII
VII SIGNIFICANT ADVERSE IMPACTS AND MITIGATION MEASURES
For all of the environmental resources that were evaluated in the EIR there were some impacts that were considered less Than Significant and other impacts within the same environmental resource were considered either Potentially Significant No impacts were deemed Significant These Findings do not address resource issues that were determined to have No Impact Resources for which No Impacts were determined include land Use and Planning Mineral Resources Population and Housing Public Services and Recreation
Less-than-Significant Impacts These Findings do not address impacts that are considered less than significant prior to mitigation The lessshythan-significant impacts are not addressed in these Findings Impacts were found to be less than significant for Agriculture and Forest Resources Energy Conservation Geology and Soils Hydrology and Water Quality Noise and Utilities and Service Systems
However due to the number of comments at the public meeting and subsequently in written comments during the public comment period about the use of agricultural land for the proposed solar farm the Board is adopting the following finding concerning the conclusion of the EIR and the independent conclusion of the Board that the project will not cause a significant environmental effect in the form of converting agricultural land Based upon substantial evidence and expert opinion of the independent EIR consultant the EIR concluded that the potential conversion of agricultural land to non-agricultural uses was not a significant effect caused by the Project In reaching this conclusion the EIR emphasized multiple facts policies and evidence The use is a temporary use allowed by a lease between the proponent and the land owner At the conclusion of the leasehold estate the proponent has a contractual obligation to restore the land to the condition present before the lease executed This includes dismantling and removing all equipment excavating and removing all underground wires and cables removing all posts and roads breaking up and removing all cement pads and foundations removing all septic tanks and leach fields and regarding the real property to facilitate continued farming operations (Decommissioning activities)
The County has the power to and may include a condition requiring the proponent complete the decommissioning actiVity Communications with Stanislaus County indicate that a formal agreement should be developed that will keep the subject property in some level of agricultural production (albeit grazing) during the project life and return it to a state suitable to agricultural production at the conclusion of the project
In addition CEQA Guideline Appendix G indicates that if a project causes a significant environmental effect if it converts prime or unique farmland or if it converts farmland of Statewide Importance The Board independently reviewed the analysis of the term convert found at page 32-3 of the Final EIR and independently concludes based upon this analysis that since the land will be restored to the agricultural condition prior to executing the lease that the project does not amount to a permanent or irreversible conversion of agricultural land Therefore the Board finds that the Project does not cause a significant environmental effect in the form of converting agricultural land
DOCS_N271S4S_V4_Board_Agenda_Report_ForJhe_MchenFl_Solar]arm_ProJecC7_l6_11 Rev De 1010 85
BOARD RESOLUTIO N
Furthermore Stanislaus County with significant expertise in the area of preserving and protecting agricultural land has previous addressed this issue and determined that a temporary use of farmland for a solar farm is a less than significant environmental effect under CEQA
Significant Impacts for Which Mitigation Measures are Provided The EIR also identified several impacts that are considered to be Potentially Significant The impacts in this category are Aesthetics Visual Quality and Light and Glare Air Quality Biological Resources Cultural and Paleontological Resources Greenhouse Gas Emissions Hazards and Hazardous Materials and Transportation and Traffic These impacts will be fully avoided through the adoption of feasible mitigation measures No significant unavoidable environmental impacts are expected from either construction or operation ofthe project
Each of these impacts can be reduced to lessmiddotthan-significant levels andor avoided with the implementation of mitigation measures They are considered below
Aesthetics Visual Quality and Light and Glare
Impact 41-2
Impact 41-2 The Project would create a new source of light or glare which could adversely affect daytime ornighttime views in the area (DEIR page ES-8)
Mitigation Measures
Mitigation Measure 41-2 Nighttime Construction Lighting Nighttime construction lighting if required shall be shielded and oriented downward to minimize effects on any nearby receptors Lighting shall be directed toward active construction areas only and shall have the minimum brightness necessary to ensure worker safety
Finding
The Board finds based on substantial evidence presented in the record of prolteedings that implementation of this measure will reduce the potentially significant impact on aesthetics visual quality and light and glare
Air Quality
Impact 43-1
Impact 43-1 Construction and decommissioning activities would generate emissions of criteria pollutants including suspended and inhalable particulate matter and equipment exhaust emissions (DEIR page ES-8 and ES-9)
OOCSN271545 V4BoordAge ndaReportfor _ TheMchenry Solo r Fa rmproject_7 _2611 Rev Oec 2010 86
~)1IDMOto Irlgation BOARD RESOLUTION
It e DItrld water and POwtr-
Mitigation Measure
Mitigation Measure 43-1 Implement Dust Control Measures The Applicant shall submit a Dust Control Plan to the APCO for approval prior to start of construction (and subsequently decommissioning) activities The Plan shall cover both Applicant and MID activities and shall require implementation of the following dust control measures
bull All disturbed areas including storage piles that are not being actively used for construction purposes shall be effectively stabilized of dust emissions using water chemical stabilizersuppressant covered with a tarp or other suitable cover or vegetative ground cover
bull All on-site unpaved roads and off-site unpaved access roads shall be effectively stabilized of dust emissions using water or chemical stabilizersuppressant
bull All land clearing grubbing scraping excavation land leveling grading cut and fill and demolition activities shall be effectively controlled of fugitive dust emissions using application of water or by presoaking
bull When materials are transported off-site all material shall be covered or effectively wetted to limit visible dust emissions and at least six inches of freeboard space from the top of the container shall be maintained
bull Limit or expeditiously remove trackout (Le accumulation of mud or dirt from Projectshyrelated vehicle tires) from adjacent public streets near the Project access points Trackout shall be immediately removed from public streets when it extends 50 or more feet from the Project access points otherwise trackout shall be removed at the end of each workday (The use of dry rotary brushes is expressly prohibited except where preceded or accompanied by sufficient wetting to limit the visible dust emissions)(Use of blower devices is expressly forbidden)
bull Following the addition of materials to or removal of materials from the surface of outdoor storage piles said piles shall be effectively stabilized of fugitive dust emissions using sufficient water or chemical stabilizersuppressant
bull limit traffic speed on unpaved on-site roads to 15 mph
bull Install sandbags or other erosion control measures to prevent silt runoff to public roadways from sites with a slope greater than one percent
bull Install windbreaks at windward side(s) of construction areas
bull Suspend excavation and grading activity when winds exceed 20 mph
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation of these measures will reduce the potentially significant impact on air quality
DOCS_N27154S_V4_Boardfgenda_RoportJor The_MchenVSolar Farm_Projece726_11 Rev Dec 2010 87
Modosto Irrlatlon BOARD RESOLUTION District~lt1ID
Wattrld ~owt
Impact 43-4
Impact 43-4 Construction and decommissioning emissions associated with the Project could result in emissions of ozone precursors and particulate matter that would be cumulatively considerable (OEIR page ES-9)
Mitigation Measure
Mitigation Measure 43-4 Implement Mitigation Measure 43-1
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation of this measure will reduce the potentially significant impact on air quality
Impact 43-6
Impact 43-6 The Project would generate emissions of criteria pollutants potentially exposing sensitive receptors to harmful pollutant concentrations (OEIR page ES-9)
Mitigation Measure
Mitigation Measure 43-6 Implement Mitigation Measure 43-1
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation ofthis measure will reduce the potentially significant impact on air quality
Biological Resources
Impact 44-1
Impact 44-1 Applicant Project activities could result in potential disturbance or loss of Swainsons hawk and their habitat (OEIR page ES-10)
Mitigation Measure
Mitigation Measure 44-1a Preconstruction Surveys for Swainsons Hawk If Project-related construction or decommissioning activities are planned to occur during the nesting period (March 1 to September 15) the Applicant shall engage a qualified biologist to conduct preconstruction surveys for Swainsons hawk and their nests no more than 14 days before the start of construction or decommissioning activities within 025 mile ofthe Project site where access is available Survey results shall be submitted to CDFG at least three days prior to the start of construction or decommissioning activities If active nests are not identified no further action is required and constructiondecommissioning may proceed If active nests are identified the Applicant shall consult with CDFG to develop and implement suitable avoidance measures consistent with the Staff Report Regarding Mitigation for Impacts to Swainsons
DOCS_N271545_V4_Boa rd_Agenda_Repor1_For_ The_Mchenry _Solar_Farm_Project_7 _26_11 Rev Dec 2010 88
f ID= BOARD RESOLUTION hlY1 IIArlel Walfr and POWir
Hawks in the Central Valley of California (CDFG 1994) To avoid impacting breeding efforts no construction or decommissioning activities shall occur between March land September 15 within 500 feet of an active nest that could cause nest abandonment or forced fledging These buffers may be reduced in consultation with CDFG Depending on conditions specific to each active nest and the relative location and rate of construction or decommissioning activities it may be feasible for such activities to occur as planned within the buffer without impacting the breeding effort In this case (to be determined in consultation with CDFG) the nest(s) shall be monitored by a qualified biologist during construction or decommissioning within the buffer The monitor shall have ltstop work authority If in the professional opinion of the monitor Project activities are negatively affecting the nesting behavior of the bird the monitor shall stop all such activities within the designated buffer Construction or decommissioning activities shall not resume until either the monitor has determined that the young have fledged the nest or as otherwise approved by CDFG With CDFG concurrence construction activities that are initiated outside the nesting season may continue even if raptors choose to nest within 500 feet of work activities Thus work may continue without delay if surveys verify the local absence of nesting raptors or if construction begins outside the nesting period (September 16 to February 28)
Mitigation Measure 44-1b Reduce Construction Noise Levels If it appears that noise or vibration from vibratory post driving associated with Project construction (or other similar noise-generating construction or decommissioning activity) could affect nesting Swainsons hawks that arrive after the start of construction specific measures including but not limited to use of noise dissipaters shall be implemented to reduce noise levels During post driving a noise level of no greater than 85 decibels (measured at the nest) shall be used as general guidance for nests that are established after construction
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation of this measure will reduce the potentially significant impact on biological resources
Impact 44-2
Impact 44-2 MID activities could result in potential disturbance or loss of Swainsons hawk and their habitat (DEIR page ES-10)
Mitigation Measure
Mitigation Measure 44-2 Avian-safe Transmission Line MID Transmission poles should be designed using criteria identified in Avian Power line Interaction Committee (APUC 2006)
OOCS_N271545_V4_Boad_AIlenda_Report]o_ The_Mchenrv_Sola_Farm_Poject_c26_11 Rev Dec 2010 89
Mdes Irrlgbullbulllen BOARD RESOLUTION
DItrid- ~lt1IDwater and Powtr
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation of this measure will reduce the potentially significant impact on biological resources
Impact 44-3 Impact 44-3 Project activities could impact other tree-nesting raptors andor protected nesting migratory birds (DEIR page ES-ll)
Mitigation Measure
Mitigation Measure 44-3 Preconstruction Raptor Surveys (Applicant) If Project-related construction andor decommissioning activities are to occur during the breeding period for nesting raptors andor protected nesting migratory birds (February 1 through August 31) the Applicant shall engage a qualified biologist to conduct preconstruction surveys of all potential habitat within 500 feet of the Project site no more than 14 days prior to the start of construction or decommissioning activities If active nests are not identified no further action is necessary If active nests are identified during preconstruction surveys a no-disturbance buffer shall be created around active raptor nests and nests of other special-status birds during the breeding season or until it is determined by the qualified biologist that all young have fledged Typical buffers are 500 feet for raptors and 250 feet for other nesting birds (eg waterfowl and passerine birds) The size of these buffer zones and types of construction or decommissioning activities allowed in these areas could be further modified in coordination with CDFG and shall be based on existing noise and disturbance levels in the Project area
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implernentation ofthis measure will reduce the potentially significant impact on biological resources
Impact 44-4
Impact 44-4 Project activities could result in potential disturbance or loss of burrowing owls and their habitat (DEIS page ES-ll)
Mitigation Measure
Mitigation Measure 44-4a Preconstruction Burrowing Owl Surveys (Applicant) The Applicant shall engage a qualified biologist to conduct preconstruction surveys for burrowing owls 14 to 30 days prior to the start of construction or decommissioning using the most current CDFG protocol Surveys shall cover grassland areas within a SOO-foot buffer from all Project constructiondecommissioning activities that are within suitable grasslands habitat including checking for adult and juvenile burrowing owls and owl nests If owls are detected during
DOCSN271545V4BoardAgendaReportForTheMchenrvSolarJarmProject72611 Rev Dec 2010 90
WID n BOARD RESOLUTION L bl Dltrld WIIIT Irld Ptlwtt
surveys occupied burrows shall not be disturbed Constructiondecommissioning exclusion areas (eg orange exclusion fence or signage) shall be established around the occupied burrows where no disturbance shall be allowed During the nonbreeding season (September 1 through January 31) the exclusion zone shall extend 160 feet around occupied burrows During the breeding season (February 1 through August 31) exclusion areas shall extend 250 feet around occupied burrows If the above requirements cannot be met passive relocation of onshysite owls may be implemented as an alternative but only during the nonbreeding season and only with prior CDFG approval Passive relocation shall be accomplished by installing one-way doors on the entrances of burrows located within 160 feet ofthe Project area The one-way doors shall be left in place for 48 hours to ensure the owls have left the burrow The burrows shall then be excavated with a qualified biologist present Constructiondecommissioning shall not proceed until the Project area is deemed free of owls by the qualified biologist
Mitigation Measure 44-4b Preconstruction Burrowing Owl Surveys (MID) Prior to construction MID shall conduct pre-construction surveys for burrowing owl for the subtransmissiondistribution line and fiber optic cable alignment These surveys shall be conducted using the most up-to-date CDFG published protocols (eg CDFGs 1995 Staff Report on Burrowing Owl Mitigation) If owls are detected during surveys occupied burrows shall not be disturbed
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation ofthis measure will reduce the potentially significant impact on biological resources
Cultural and Paleontological Resources
Impact 45-1
Impact 45-1 The proposed Project could potentially cause an adverse change in the significance of a unique archaeological resource pursuant to sect150645 (DEIR page ES-12)
Mitigation Measure
Mitigation Measure 45-1 If Cultural Resources are Discovered During Ground-Disturbing Activities Suspend Work until Resource is Evaluated Prior to the initiation of site preparation or start of construction (and subsequently decommissioning) the Applicant shall retain a qualified professional archaeologist to complete an archaeological resources training program for construction workers involved in grading and excavation activities Training shall include
awareness and recognition of archaeological materials and the procedures to follow if
construction crews encounter such materials in the course of earthwork excavation or grading If archaeological resources are encountered all activity within 50 feet of the find shall
cease until it can be evaluated by a qualified archaeologist Prehistoric archaeological materials
DOCS_N27154S_V4_Board_Asenda_Report_For_ The_Mchenry _Sol _fam]roject_7_26_11 Rev Dec 2010 91
Motlesto Irrlatlo~lt1ID BOARD RESOLUTIO N
II DIlrld VialfrantJ PCMl
could include obsidian and chert f1aked~stone tools (eg projectile points knives scrapers) or toolmaking debris culturally darkened soil (ilmidden) containing heat~affected rocks artifacts
or shellfish remains and stone milling equipment (eg mortars pestles handstones or milling slabs) and battered stone tools such as hammerstones and pitted stones Historic~period materials could include stone concrete or adobe footings and walls filled wells or privies and
deposits of metal glass andor ceramic refuse The archaeologist shall notify the Applicant and MID if the resource may be significant An appropriate treatment plan for the resources shall then be developed by the Applicant for approval by MID The archaeologist shall consult with Native American representatives in determining appropriate treatment for prehistoric or Native American cultural resources if discovered In considering any suggested mitigation proposed by the archaeologist the Applicant and MID shall determinewhether avoidance is feasible in light of factors such as the nature of the find project design costs and other considerations If avoidance is not feasible other appropriate measures (eg data recovery) shall be instituted Work may proceed in other parts of the Project site while mitigation for cultural resources in other areas of the site is being carried out
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation ofthis measure will reduce the potentially significant impact on unique archaeological resources
Impact 45-2
Impact 45-2 The proposed Project could potentially destroy a unique paleontological resource or site or unique geologic feature (DEIR page ES-12)
Mitigation Measure
Mitigation Measure 45-2 If Paleontological Resources are Discovered During Ground-Disturbing Activities Suspend Work until Resource is Evaluated Prior to the initiation of site preparation or start of construction (and subsequently decommissioning) the Applicant shall retain a qualified profeSSional paleontologist or a California Registered Professional Geologist (California RPG) with appropriate paleontological expertise as defined by the Society of Vertebrate Paleontologys Conformable Impact Mitigation Guidelines Committee (SVP 1995 Guidelines) to carry out a paleontological resources training program for construction workers involved in grading and excavation activities Training shall include awareness and recognition of potential fossil materials and the procedures to follow if construction crews encounter fossil materials in the course of earthwork excavation or grading If construction crews discover potential fossils all earthwork or other types of ground disturbance within 50 feet of the find shall stop immediately until the qualified professional paleontologist can assess the nature and importance of the find Based on the scientific value or uniqueness of the find the monitor may record the find and allow work to continue or recommend salvage and recovery of the fossil The Applicant shall require the paleontologist to be on-call throughout the duration of ground-disturbing activities
DOCS_N27154S_ V4_Boa rd_Agenda_Report]or_The_Mchenry _Solar ]a_ProjecC7_26_11 Rev Dec 2010 92
ID= BOARD RESOLUTION I 11 DlstrldwIltIdPowt
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation of this measure will reduce the potentially significant impact on paleontological resources
Impact 45-3
Impact 45-3 The proposed Project could potentially disturb any human remains including those interred outside of formal cemeteries (DEIR page ESmiddot13)
Mitigation Measure
Mitigation Measure 45-3 Halt Work if Human Skeletal Remains are Identified During Construction If human skeletal remains are uncovered during Project construction (and subsequently decommissioning) work shall immediately halt within 100 feet of the find The Applicant shall contact the Stanislaus County Coroner to evaluate the remains and shall follow the procedures and protocols set forth in sect150645(e(1) of the CEQA Guidelines If the County Coroner determines that the remains are Native American the Applicant shall contact the Native American Heritage Commission in accordance with Health and Safety Code Section 70505 subdivision (c) and Public Resources Code 509798 (as amended by AB 2641) The Native American Heritage Commission will designate a Most Likely Descendent of the deceased Native American who will provide recommendations as to the future disposition ofthe remains
Finding
The Board finds based on substantjal evidence presented in the record of proceedings that implementation of this measure will reduce the potentially Significant impact on human remains
Greenhouse Gas Emissions
Impact 48-2
Impact 48-2 The Project could conflict with the California Air Resources Boards Climate Change Scoping Plan (DEIR page ES-14)
Mitigation Measure
Mitigation Measure 48-2 Low SF6 Leak Rate Circuit Breaker and Monitoring The applicant shall ensure that the circuit breaker installed at the proposed new substation has a guaranteed SF6 annual leak rate of no more than 05 percent by volume The Applicant shall provide MID with documentation of compliance such as specification sheets prior to installation of the circuit breaker In addition the Applicant shall monitor the SF6middotcontaining circuit breaker at the substation consistent with Scoping Plan Measure H-6 for the detection and repair of leaks
OOCSN271545V4BoarltljgendaReportJo rTheMchenry_SolarJarm_Project72611 Rev Dec 2010 93
~MID
Mst Irrl_60 BOARD RESOLUTION
II District Weltr _rut Pampftl
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation ohhis measure will reduce the potentially significant impact on greenhouse gas emissions
Hazards and Hazardous Materials
Impact 49-2
Impact 49-2 The Project could result in an accidental spill or leak during construction or decommissioning that could release hazardous materials into the environment (DEIR page ESshy14)
Mitigation Measure
Mitigation Measure 49-2 Accidental Spill Prevention and Response Plan The Applicant shall prepare an Accidental Spill Prevention and Response Plan for construction and decommissioning activities for review and approval by Modesto Irrigation District The plan shall identify measures to prevent accidental spills from leaving the site and methods for responding to and cleaning up spills to limit the amount of materials released into the environment Such measures shall include but not be limited to ensuring that absorbent material tarps storage drums and other emergency spill supplies and equipment are kept at the Project site at all times
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation of this measure will reduce the potentially significant impact on hazardous materials
Transportation and Traffic
Impact 417-1
Impact 417-1 Project construction and decommissioning activities could intermittently and temporarily increase traffic congestion due to vehicle trips generated by construction workers and construction vehicles on area roadways (DEIR page ES-16)
Mitigation Measure
Mitigation Measure 417-1a MID Traffic Control Measures During construction and decommissioning of the sub-transmission and distribution lines and fiber optic cable MID shall implement the following traffic mitigation measures from the 2006 PEIR Update (2006 PEIR Update p 10-6)
DOCSN271545V4BoadAgendaRepoCForTheMhenrvSolaFarmProJeet72611 Rev Dolt 2010 94
cIbullbulltomiddot Irrlgatlon BOARD RESOLUTION e DistrIct~lt1ID
Wntr and POwtf
1 MID will coordinate design and construction of program facilities with the agencies with jurisdiction including Caltrans counties cities special districts other utilities and the FAA as required
2 MID will obtain any necessary encroachment permits inspections or other approvals from agencies with jurisdiction
2A MID will obtain any necessary approvals and inspections from agencies with jurisdiction
2B MID shall coordinate the design and construction and shall obtain any necessary permits from the County City or State prior to placing any facilities within the public road rights-of-way of those agencies and shall conform to applicable conditions in the encroachment permit
3 MID will utilize all necessary precautions to minimize safety concerns when working within public road rights-of-way Traffic safety cones construction signage or other measures will be used to alert drivers to construction activities
4 Electrical facilities placed within public rights-of-way will comply with applicable standards for avoiding hazards to drivers pedestrians and bicyclists
Mitigation Measure 417-1bApplicant Construction Traffic Management and Safety Plan Prior to the start of construction (and subsequently decommissioning) of the Project the Applicant shall prepare and implement a Traffic Management and Safety Plan that shall reduce or eliminate impacts associated with the Project The Plan shall adhere to Stanislaus County and Caltrans requirements and shall include at a minimum the following elements
a) Schedule Project-generated construction truck trips on SR 99 SR 108 and SR 219 outside the peak morning and evening commute hours to reduce potential traffic congestion and reduce potentia I for transit delays during the p traffic congestion and reduce potential for transit delays during the peak commute periods
b) Comply with transportation permit requirements of Caltrans and CHP when scheduling Project-generated construction truck trips carrying oversized loads In addition provide preshynotification to local police fire and emergency service providers of the timing location and duration of construction activities that could affect the movement of emergency vehicles on area roadways
c) Place signs (eg Slow Trucks andor Trucks Turning Ahead) along appropriate roads to notify drivers of construction traffic throughout the duration of the constructionperiodeak commute periods
DOCSN271545V4Boord_AgendaReportJorThe_MchenrySolaFa rmProject72611 Rev Dec 2010 95
IDn BOARD RESOLUTION~ -bl Dstrld Water lila POwtr
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation ofthis measure will reduce the potentially significant impact on traffic and transportation
Impact 417-3
Impact 417-3 Project construction and decommissioning activities could substantially increase traffic hazards due to construction in or adjacent to roads (DEIR page ES-17)
Mitigation Measure
Mitigation Measure 417-3 Implement Mitigation Measures 417-1a and 417-1b
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation of this measure will reduce the potentially significant impact on traffic and transportation
Impact 417-4
Impact 417-4 The Project could result in inadequate emergency access (DEIR page ES-17)
Mitigation Measure
Mitigation Measure 417-4 Develop an Emergency Access Plan for the Site The Applicant shall develop and implement an Emergency Access Plan which shall include evacuation routes and strategies to ensure accessibility and mobility for project area and emergency vehicles AdditionaI measures include developing an emergency action plan that identifies roles and responsibilities during emergencies and to update the plan regularly
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation of this measure will reduce the potentially significant impact on emergency access
VIII PROJECT ALTERNATIVES
The McHenry Solar Farm Project EIR is a project-specific ErR that evaluated a more than a dozen alternative locations to the proposed site three alternative sub-transmission line interconnection points for the proposed site three alternative solar technologies concentrated solar parabolic trough concentrated solar power tower and thin-film PV and two alternative approaches to the proposed generation of solar energy conservation and demand side management and distributed generation solar Table 1 lists the alternatives that were considered as well as which ones passed and the others that failed the screening analysis that was performed In addition the No Project Alternative was conSidered
DOCSN271545 V4BoardAgend bullbullReporCFor TheMchenry SolarFarmProJect72611 Rev Dec 2010
bull
96
~IDn BOARD RESOLUTION bJlTI District Waterlnd Power
The Final EIR presented the analysis for rejecting the alternative sites The Board independently evaluated this analysis and concurs in the analysis and conclusions presented The answering of the key question (See CEQA Guidelines Section 151266f)(2)A)) the Board finds that the Project does not cause any significant
environmental effect that is not reduced to less than significant with mitigation measures Never the lessl the EIR opted to address alternative sites
Various public comments offered generalized comments on alternatives sites No substantial evidence was presented regarding the feasibility of such sites or the reasonable ability of the Applicant to acquire the sitesl
and substantial evidence was not presented that these alternative sites would lessen all ofthe Projects significant effects to less than significant
DOCS_N271545_V4_Board_Ai n_ReporCFor _The_Mchenry _SolacFarm_Project_7 _26_11 Rev Dec 2010 97
COPIES OF THE DRAFT AND FINAL ENVIRONMENTALIMPACT REPORT AND ARE AVAILABLE FOR REVIEW ATTHE COUNTY PLANNING DEPARTMENT OFFICE OR VIATHE INTERNET AThttpwwwstancountycomplanningplagenda-min-2011shtm HARD COPIES OF ALL EIR DOCUMENTS REFERENCED INTHIS REPORT HAVE BEEN PROVIDED TO EACH MEMBEROF THE PLANNING COMMISSION
98
Executive Summary
McHenry Solar Project ES-8 May 2011 Draft Environmental Impact Report
TABLE ES-1 SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Aesthetics Visual Quality and Light and Glare
Impact 41-1 The Project could degrade the existing visual character or quality of the site and its surroundings
Less than Significant
None required
Impact 41-2 The Project would create a new source of light or glare which could adversely affect daytime or nighttime views in the area
Potentially Significant
Mitigation Measure 41-2 Nighttime Construction Lighting Nighttime construction lighting if required shall be shielded and oriented downward to minimize effects on any nearby receptors Lighting shall be directed toward active construction areas only and shall have the minimum brightness necessary to ensure worker safety
Less than Significant
Agriculture and Forest Resources
Impact 42-1 The Project would temporarily discontinue the current exclusive agricultural use (row crops) of Prime Farmland to a mix of agricultural use (grazing) and non-agricultural use
Less than Significant
None required
Air Quality
Impact 43-1 Construction and decommissioning activities would generate emissions of criteria pollutants including suspended and inhalable particulate matter and equipment exhaust emissions
Potentially Significant
Mitigation Measure 43-1 Implement Dust Control Measures The Applicant shall submit a Dust Control Plan to the APCO for approval prior to start of construction (and subsequently decommissioning) activities The Plan shall cover both Applicant and MID activities and shall require implementation of the following dust control measures
All disturbed areas including storage piles that are not being actively used for construction purposes shall be effectively stabilized of dust emissions using water chemical stabilizersuppressant covered with a tarp or other suitable cover or vegetative ground cover
All on-site unpaved roads and off-site unpaved access roads shall be effectively stabilized of dust emissions using water or chemical stabilizersuppressant
All land clearing grubbing scraping excavation land leveling grading cut and fill and demolition activities shall be effectively controlled of fugitive dust emissions using application of water or by presoaking
When materials are transported off-site all material shall be covered or effectively wetted to limit visible dust emissions and at least six inches of freeboard space from the top of the container shall be maintained
Limit or expeditiously remove trackout (ie accumulation of mud or dirt from Project-related vehicle tires) from adjacent public streets near the Project access points Trackout shall be immediately removed from public streets when it extends 50 or more feet from the Project access points otherwise trackout shall be removed at the end of each workday (The use of dry rotary brushes is expressly prohibited except where preceded or accompanied by sufficient wetting to limit the visible dust emissions)(Use of blower devices is expressly forbidden)
Less than Significant
99
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-9 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Air Quality (cont)
Impact 43-1 (cont) Following the addition of materials to or removal of materials from the surface of outdoor storage piles said piles shall be effectively stabilized of fugitive dust emissions using sufficient water or chemical stabilizersuppressant
Limit traffic speed on unpaved on-site roads to 15 mph
Install sandbags or other erosion control measures to prevent silt runoff to public roadways from sites with a slope greater than one percent
Install windbreaks at windward side(s) of construction areas
Suspend excavation and grading activity when winds exceed 20 mph
Impact 43-2 Operation of the Project would generate exhaust emissions of criteria pollutants from routine operations
Less than Significant
None required
Impact 43-3 The Project could result in permanently disturbed land that would serve as a source of fugitive dust emissions
Less than Significant
None required
Impact 43-4 Construction and decommissioning emissions associated with the Project could result in emissions of ozone precursors and particulate matter that would be cumulatively considerable
Potentially Significant
Mitigation Measure 43-4 Implement Mitigation Measure 43-1 Less than Significant
Impact 43-5 Operation and maintenance of the Project could generate emissions of criteria pollutants that would be cumulatively considerable
Less than Significant
None required
Impact 43-6 The Project would generate emissions of criteria pollutants potentially exposing sensitive receptors to harmful pollutant concentrations
Potentially Significant
Mitigation Measure 43-6 Implement Mitigation Measure 43-1 Less than Significant
Impact 43-7 The Project would generate emissions of Toxic Air Contaminants potentially exposing sensitive receptors to harmful pollutant concentrations
Less than Significant
None required
100
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-10 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Biological Resources
Impact 44-1 Applicant Project activities could result in potential disturbance or loss of Swainsonrsquos hawk and their habitat
Potentially Significant
Mitigation Measure 44-1a Preconstruction Surveys for Swainsonrsquos Hawk If Project-related construction or decommissioning activities are planned to occur during the nesting period (March 1 to September 15) the Applicant shall engage a qualified biologist to conduct preconstruction surveys for Swainsonrsquos hawk and their nests no more than 14 days before the start of construction or decommissioning activities within 025 mile of the Project site where access is available Survey results shall be submitted to CDFG at least three days prior to the start of construction or decommissioning activities If active nests are not identified no further action is required and constructiondecommissioning may proceed If active nests are identified the Applicant shall consult with CDFG to develop and implement suitable avoidance measures consistent with the Staff Report Regarding Mitigation for Impacts to Swainsonrsquos Hawks in the Central Valley of California (CDFG 1994) To avoid impacting breeding efforts no construction or decommissioning activities shall occur between March 1 and September 15 within 500 feet of an active nest that could cause nest abandonment or forced fledging These buffers may be reduced in consultation with CDFG
Depending on conditions specific to each active nest and the relative location and rate of construction or decommissioning activities it may be feasible for such activities to occur as planned within the buffer without impacting the breeding effort In this case (to be determined in consultation with CDFG) the nest(s) shall be monitored by a qualified biologist during construction or decommissioning within the buffer The monitor shall have ldquostop workrdquo authority If in the professional opinion of the monitor Project activities are negatively affecting the nesting behavior of the bird the monitor shall stop all such activities within the designated buffer Construction or decommissioning activities shall not resume until either the monitor has determined that the young have fledged the nest or as otherwise approved by CDFG
With CDFG concurrence construction activities that are initiated outside the nesting season may continue even if raptors choose to nest within 500 feet of work activities Thus work may continue without delay if surveys verify the local absence of nesting raptors or if construction begins outside the nesting period (September 16 to February 28)
Less than Significant
Mitigation Measure 44-1b Reduce Construction Noise Levels If it appears that noise or vibration from vibratory post driving associated with Project construction (or other similar noise-generating construction or decommissioning activity) could affect nesting Swainsonrsquos hawks that arrive after the start of construction specific measures including but not limited to use of noise dissipaters shall be implemented to reduce noise levels During post driving a noise level of no greater than 85 decibels (measured at the nest) shall be used as general guidance for nests that are established after construction
Impact 44-2 MID activities could result in potential disturbance or loss of Swainsonrsquos hawk and their habitat
Potentially Significant
Mitigation Measure 44-2 Avian-safe Transmission Line (MID) Transmission poles should be designed using criteria identified in Avian Power Line Interaction Committee (APLIC 2006)
Less than Significant
101
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-11 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Biological Resources (cont)
Impact 44-3 Project activities could impact other tree-nesting raptors andor protected nesting migratory birds
Potentially Significant
Mitigation Measure 44-3 Preconstruction Raptor Surveys (Applicant) If Project-related construction andor decommissioning activities are to occur during the breeding period for nesting raptors andor protected nesting migratory birds (February 1 through August 31) the Applicant shall engage a qualified biologist to conduct preconstruction surveys of all potential habitat within 500 feet of the Project site no more than 14 days prior to the start of construction or decommissioning activities If active nests are not identified no further action is necessary If active nests are identified during preconstruction surveys a no-disturbance buffer shall be created around active raptor nests and nests of other special-status birds during the breeding season or until it is determined by the qualified biologist that all young have fledged Typical buffers are 500 feet for raptors and 250 feet for other nesting birds (eg waterfowl and passerine birds) The size of these buffer zones and types of construction or decommissioning activities allowed in these areas could be further modified in coordination with CDFG and shall be based on existing noise and disturbance levels in the Project area
Less than Significant
Impact 44-4 Project activities could result in potential disturbance or loss of burrowing owls and their habitat
Potentially Significant
Mitigation Measure 44-4a Preconstruction Burrowing Owl Surveys (Applicant) The Applicant shall engage a qualified biologist to conduct preconstruction surveys for burrowing owls 14 to 30 days prior to the start of construction or decommissioning using the most current CDFG protocol Surveys shall cover grassland areas within a 500-foot buffer from all Project constructiondecommissioning activities that are within suitable grasslands habitat including checking for adult and juvenile burrowing owls and owl nests If owls are detected during surveys occupied burrows shall not be disturbed
Constructiondecommissioning exclusion areas (eg orange exclusion fence or signage) shall be established around the occupied burrows where no disturbance shall be allowed During the nonbreeding season (September 1 through January 31) the exclusion zone shall extend 160 feet around occupied burrows During the breeding season (February 1 through August 31) exclusion areas shall extend 250 feet around occupied burrows
If the above requirements cannot be met passive relocation of on-site owls may be implemented as an alternative but only during the nonbreeding season and only with prior CDFG approval Passive relocation shall be accomplished by installing one-way doors on the entrances of burrows located within 160 feet of the Project area The one-way doors shall be left in place for 48 hours to ensure the owls have left the burrow The burrows shall then be excavated with a qualified biologist present Constructiondecommissioning shall not proceed until the Project area is deemed free of owls by the qualified biologist
Less than Significant
Mitigation Measure 44-4b Preconstruction Burrowing Owl Surveys (MID) Prior to construction MID shall conduct pre-construction surveys for burrowing owl for the sub-transmissiondistribution line and fiber optic cable alignment These surveys shall be conducted using the most up-to-date CDFG published protocols (eg CDFGs 1995 Staff Report on Burrowing Owl Mitigation) If owls are detected during surveys occupied burrows shall not be disturbed
102
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-12 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Cultural and Paleontological Resources
Impact 45-1 The proposed Project could potentially cause an adverse change in the significance of a unique archaeological resource pursuant to sect150645
Potentially Significant
Mitigation Measure 45-1 If Cultural Resources are Discovered During Ground-Disturbing Activities Suspend Work until Resource is Evaluated Prior to the initiation of site preparation or start of construction (and subsequently decommissioning) the Applicant shall retain a qualified professional archaeologist to complete an archaeological resources training program for construction workers involved in grading and excavation activities Training shall include awareness and recognition of archaeological materials and the procedures to follow if construction crews encounter such materials in the course of earthwork excavation or grading If archaeological resources are encountered all activity within 50 feet of the find shall cease until it can be evaluated by a qualified archaeologist Prehistoric archaeological materials could include obsidian and chert flaked-stone tools (eg projectile points knives scrapers) or toolmaking debris culturally darkened soil (ldquomiddenrdquo) containing heat-affected rocks artifacts or shellfish remains and stone milling equipment (eg mortars pestles handstones or milling slabs) and battered stone tools such as hammerstones and pitted stones Historic-period materials could include stone concrete or adobe footings and walls filled wells or privies and deposits of metal glass andor ceramic refuse The archaeologist shall notify the Applicant and MID if the resource may be significant An appropriate treatment plan for the resources shall then be developed by the Applicant for approval by MID The archaeologist shall consult with Native American representatives in determining appropriate treatment for prehistoric or Native American cultural resources if discovered
In considering any suggested mitigation proposed by the archaeologist the Applicant and MID shall determine whether avoidance is feasible in light of factors such as the nature of the find project design costs and other considerations If avoidance is not feasible other appropriate measures (eg data recovery) shall be instituted Work may proceed in other parts of the Project site while mitigation for cultural resources in other areas of the site is being carried out
Less than Significant
Impact 45-2 The proposed Project could potentially destroy a unique paleontological resource or site or unique geologic feature
Potentially Significant
Mitigation Measure 45-2 If Paleontological Resources are Discovered During Ground-Disturbing Activities Suspend Work until Resource is Evaluated Prior to the initiation of site preparation or start of construction (and subsequently decommissioning) the Applicant shall retain a qualified professional paleontologist or a California Registered Professional Geologist (California RPG) with appropriate paleontological expertise as defined by the Society of Vertebrate Paleontologyrsquos Conformable Impact Mitigation Guidelines Committee (SVP 1995 Guidelines) to carry out a paleontological resources training program for construction workers involved in grading and excavation activities Training shall include awareness and recognition of potential fossil materials and the procedures to follow if construction crews encounter fossil materials in the course of earthwork excavation or grading If construction crews discover potential fossils all earthwork or other types of ground disturbance within 50 feet of the find shall stop immediately until the qualified professional paleontologist can assess the nature and importance of the find Based on the scientific value or uniqueness of the find the monitor may record the find and allow work to continue or recommend salvage and recovery of the fossil The Applicant shall require the paleontologist to be ldquoon-callrdquo throughout the duration of ground-disturbing activities
Less than Significant
103
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-13 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Cultural and Paleontological Resources (cont)
Impact 45-3 The proposed Project could potentially disturb any human remains including those interred outside of formal cemeteries
Potentially Significant
Mitigation Measure 45-3 Halt Work if Human Skeletal Remains are Identified During Construction If human skeletal remains are uncovered during Project construction (and subsequently decommissioning) work shall immediately halt within 100 feet of the find The Applicant shall contact the Stanislaus County Coroner to evaluate the remains and shall follow the procedures and protocols set forth in sect150645(e)(1) of the CEQA Guidelines If the County Coroner determines that the remains are Native American the Applicant shall contact the Native American Heritage Commission in accordance with Health and Safety Code Section 70505 subdivision (c) and Public Resources Code 509798 (as amended by AB 2641) The Native American Heritage Commission will designate a Most Likely Descendent of the deceased Native American who will provide recommendations as to the future disposition of the remains
Less than Significant
Energy Conservation
Impact 46-1 The construction operation and maintenance and decommissioning of the Project could result in consumption of energy
Less than Significant
None required
Impact 46-2 Construction operation and maintenance and decommissioning of the Project would require use of transportation energy
Less than Significant
None required
Impact 46-3 The Projectrsquos overall use of efficient transportation alternatives would be limited
Less than Significant
None required
Geology and Soils
Impact 47-1 The Project could expose people or structures to potential adverse effects including the risk of loss injury or death involving strong seismic ground shaking and earthquake-induced ground failure (such as liquefaction and lateral spreading)
Less than Significant
None required
Impact 47-2 The Project could result in soil erosion or loss of topsoil
Less than Significant
None required
Impact 47-3 The Project could be located on expansive soil as defined in Table 18-1-B of the Uniform Building Code (1994) creating risks to life or property
Less than Significant
None required
104
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-14 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Geology and Soils (cont)
Impact 47-4 The Project site could have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater
Less than Significant
None required
Greenhouse Gas Emissions
Impact 48-1 The Project would result in emissions of greenhouse gases that would contribute to global climate change
Less than Significant
None required
Impact 48-2 The Project could conflict with the California Air Resources Boardrsquos Climate Change Scoping Plan
Potentially Significant
Mitigation Measure 48-2 Low SF6 Leak Rate Circuit Breaker and Monitoring The Applicant shall ensure that the circuit breaker installed at the proposed new substation has a guaranteed SF6 annual leak rate of no more than 05 percent by volume The Applicant shall provide Modesto Irrigation District with documentation of compliance such as specification sheets prior to installation of the circuit breaker In addition the Applicant shall monitor the SF6-containing circuit breaker at the substation consistent with Scoping Plan Measure H-6 for the detection and repair of leaks
Less than Significant
Hazards and Hazardous Materials
Impact 49-1 Project construction decommissioning and operationmaintenance could create a hazard to the public or the environment through the routine transport use or disposal of hazardous materials
Less than Significant
None required
Impact 49-2 The Project could result in an accidental spill or leak during construction or decommissioning that could release hazardous materials into the environment
Potentially Significant
Mitigation Measure 49-2 Accidental Spill Prevention and Response Plan The Applicant shall prepare an Accidental Spill Prevention and Response Plan for construction and decommissioning activities for review and approval by Modesto Irrigation District The plan shall identify measures to prevent accidental spills from leaving the site and methods for responding to and cleaning up spills to limit the amount of materials released into the environment Such measures shall include but not be limited to ensuring that absorbent material tarps storage drums and other emergency spill supplies and equipment are kept at the Project site at all times
Less than Significant
Hydrology and Water Quality
Impact 410-1 The Project could potentially degrade water quality such that it could violate water quality standards or waste discharge requirements
Less than Significant
None required
105
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-15 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Hydrology and Water Quality (cont)
Impact 410-2 The Project could alter the existing drainage pattern of the site in a manner that could result in erosion or sedimentation on- or off-site or which could contribute to flooding
Less than Significant
None required
Impact 410-3 The Project could create or contribute runoff water that could exceed the capacity of existing or planned stormwater drainage systems or provide additional sources of polluted runoff
Less than Significant
None required
Impact 410-4 The Project could expose people or structures to a risk of loss injury or death involving flooding including flooding as a result of the failure of a levee or dam
Less than Significant
None required
Land Use and Planning
The Project would have no impacts in this resource area
Mineral Resources
The Project would have no impacts in this resource area
Noise
Impact 413-1 Project-related post driving would result in exposure of persons to groundborne vibration
Less than Significant
None required
Impact 413-2 Operation and maintenance of the Project would increase local ambient noise levels
Less than Significant
None required
Impact 413-3 Project construction and decommissioning activities would temporarily increase local ambient noise levels
Less than Significant
None required
Population and Housing
The Project would have no impacts in this resource area
106
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-16 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Public Services
The Project would have no impacts in this resource area
Recreation
The Project would have no impacts in this resource area
Transportation and Traffic
Impact 417-1 Project construction and decommissioning activities could intermittently and temporarily increase traffic congestion due to vehicle trips generated by construction workers and construction vehicles on area roadways
Potentially Significant
Mitigation Measure 417-1a MID Traffic Control Measures During construction and decommissioning of the sub-transmission and distribution lines and fiber optic cable MID shall implement the following traffic mitigation measures from the 2006 PEIR Update (2006 PEIR Update p 10-6)
1 MID will coordinate design and construction of program facilities with the agencies with jurisdiction including Caltrans counties cities special districts other utilities and the FAA as required
2 MID will obtain any necessary encroachment permits inspections or other approvals from agencies with jurisdiction
2A MID will obtain any necessary approvals and inspections from agencies with jurisdiction
2B MID shall coordinate the design and construction and shall obtain any necessary permits from the County City or State prior to placing any facilities within the public road rights-of-way of those agencies and shall conform to applicable conditions in the encroachment permit
3 MID will utilize all necessary precautions to minimize safety concerns when working within public road rights-of-way Traffic safety cones construction signage or other measures will be used to alert drivers to construction activities
4 Electrical facilities placed within public rights-of-way will comply with applicable standards for avoiding hazards to drivers pedestrians and bicyclists
Less than Significant
Mitigation Measure 417-1b Applicant Construction Traffic Management and Safety Plan Prior to the start of construction (and subsequently decommissioning) of the Project the Applicant shall prepare and implement a Traffic Management and Safety Plan that shall reduce or eliminate impacts associated with the Project The Plan shall adhere to Stanislaus County and Caltrans requirements and shall include at a minimum the following elements
a) Schedule Project-generated construction truck trips on SR 99 SR 108 and SR 219 outside the peak morning and evening commute hours to reduce potential traffic congestion and reduce potential for transit delays during the peak commute periods
107
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-17 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Transportation and Traffic (cont)
Impact 417-1 (cont) b) Comply with transportation permit requirements of Caltrans and CHP when scheduling Project-generated construction truck trips carrying oversized loads In addition provide pre-notification to local police fire and emergency service providers of the timing location and duration of construction activities that could affect the movement of emergency vehicles on area roadways
c) Place signs (eg ldquoSlow Trucksrdquo andor ldquoTrucks Turning Aheadrdquo) along appropriate roads to notify drivers of construction traffic throughout the duration of the construction period
Impact 417-2 The Project could conflict with established congestion management programs on affected roads or highways
Less than Significant
None required
Impact 417-3 Project construction and decommissioning activities could substantially increase traffic hazards due to construction in or adjacent to roads
Potentially Significant
Mitigation Measure 417-3 Implement Mitigation Measures 417-1a and 417-1b Less than Significant
Impact 417-4 The Project could result in inadequate emergency access
Potentially Significant
Mitigation Measure 417-4 Develop an Emergency Access Plan for the Site The Applicant shall develop and implement an Emergency Access Plan which shall include evacuation routes and strategies to ensure accessibility and mobility for project area and emergency vehicles Additional measures include developing an emergency action plan that identifies roles and responsibilities during emergencies and to update the plan regularly
Less than Significant
Utilities and Service Systems
Impact 418-1 The proposed Project would require or result in the construction of new stormwater drainage facilities the construction of which could cause significant environmental effects
Less than Significant
None required
108
109
110
REFERRED TO
YE
S
NO
WILL NOT
HAVE
SIGNIFICANT
IMPACT
MAY HAVE
SIGNIFICANT
IMPACT
NO COMMENT
NON CEQA YE
S
NO
YE
S
NO
AGRICULTURE COMMISSIONER X
AIRPORT LAND USE COMMISSION X
ALLIANCE X
BUILDING PERMITS DIVISION X X X
CALTRANS DISTRICT 10 X
CHIEF EXECUTIVE OFFICE X
CITY OF RIVERBANK X
COOPERATIVE EXTENSION X
CORPS OF ENGINEERS X
COUNTY COUNSEL X
ENVIRONMENTAL RESOURCES X X X
FIRE PROTECTION DIST STANISLAUS
CONSOLIDATED X X X
FISH amp GAME DEPT OF X
HAZARDOUS MATERIALS X
IRRIGATION DISTRICT MODESTO X X X
LAFCO X
MODESTO REGIONAL FIRE AUTHORITY FPB X
MOSQUITO DISTRICT EASTSIDE X
MT VALLEY EMERGENCY MEDICAL X
PACIFIC GAS amp ELECTRIC X
PUBLIC WORKS X X X
REGIONAL WATER QUALITY CONTROL X
SAN JOAQUIN VALLEY APCD X
SCHOOL DISTRICT 1 MODESTO X X X
SCHOOL DISTRICT 2 STANISLAUS X
SHERIFF X
StanCOG X
STANISLAUS COUNTY FARM BUREAU X
STANISLAUS ERC X
STATE CLEARINGHOUSE X
STATE LANDS COMMISSION X
SUPERVISORIAL DISTRICT 4 MONTEITH X
SURROUNDING LAND OWNERS
TELEPHONE COMPANY ATampT X
UNITED STATES MILITARY AGENCIES (SB 1462) (5 agencies) X
US FISH amp WILDLIFE X
X
X
SUMMARY OF RESPONSES FOR USE PERMIT REVIEW REFERRALS
RESPONDED RESPONSEMITIGATION
MEASURESCONDITIONS
PROJECT USE PERMIT APPLICATION NO 2011-10 - McHENRY SOLAR FARM
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
RESPONSIBLE
AGENCY REFERRAL
PUBLIC HEARING
NOTICE
X
X
X
X
X
X
X
X
X
111
BOARD RESOLUTION
be mitigated to an acceptable level solely by the adoption of a feasible mitigation measure or measures the agency in drafting its findings has no obligation even to consider the feasibility of any environmentally superior alternative that could also substantially lessen or avoid that same impactshyeven ifthe alternative would render the impact less severe than would the proposed project as mitigated (laurel Hills Homeowners Associated v City Council (1978) 83 Ca1App3d515 521 [147 CalRptr 842] see also Kings County Farm Bureau v City of Hanford (1990) 221 CalApp3d 692 730shy731 [270 CalRptr 650] and laurel Heights Improvement Associated v Regents ofthe University of California (Laurel Heights I) (1988)47 Cal 3d 376 400-403 [253 CalRptr 426])
In these findings MID first addresses the extent to which each significant environmental effect can be substantially lessened or avoided through the adoption of feasible mitigation measures MID also addresses the extent to which alternatives described in the EIR are (i) environmentally superior and (ii) feasible within the meaning of CEQA
In cases in which a projects significant effects cannot be mitigated or avoided an agency after adopting proper findings may nevertheless approve the project if it first adopts a statement of overriding considerations setting forth the specific reasons why the agency found that the benefits of the project outweigh the significant effects on the environment (Pub Resources Code sect21081 subd (b) see also CEQA Guidelines sectsect15093 15043 subd (b)) In this case all impacts have been mitigated sufficiently so that a statement of overriding considerations is not needed
The California Supreme Court has stated that (t)he wisdom of approvingany development project a delicate task which requires a balancing of interests is necessarily left to the sound discretion of the local officials and their constituents who are responsible for such decisions The law as we interpret and apply it simply requires that those decisions be informed and therefore balanced (Goleta II supra 52 Cal 3d at 576 [276 CalRptr 410])
V LEGAL EFFECT OF FINDINGS
To the extent that these Findings conclude that proposed mitigation measures outlined in the Draft and Final EIR are feasible and have not been modified superseded or withdrawn MID hereby binds the Applicant and any other responsible parties to implement those measures
These Findings in other words are not merely informational or hortatory but constitute a binding set of obligations that will come into effect when MID adopts the resolution(s) andor ordinance(s) approving the Project (Pub Resources Code sect210816 subd (b)) In addition the adopted mitigation measures are conditions of approval
VI MITIGATION MONITORING PLAN
As required by Public Resources Code sect210816 subd (a)(I) MID in adopting these Findings also adopts a Mitigation Monitoring Plan (MMP) The MMP is designed to ensure that during Project implementation MID and any other responsible parties comply with the feasible mitigation measures identified below The plan is described in the document entitled Mitigation Monitoring Plan (which is included in Chapter 10 of the Draft EIR)
DOCS_N271S45_V4_Board_Agenda_ReportJor _The_Mchenry _Solar_Farm_ProJecC7 _26_11 Rev )ec2010 84
Jf ID =11 BOARD RESOLUTION~ -hf Dlstrld Wattrand Power
The MMP that the Board of Directors for MID will adopt with these Findings of Fact contains the Draft EIR verbatim mitigation measures (the mitigation measures were not changed in the Final EIR) The mitigation measures in the MMP are referenced to the mitigation measures contained herein in Section VII
VII SIGNIFICANT ADVERSE IMPACTS AND MITIGATION MEASURES
For all of the environmental resources that were evaluated in the EIR there were some impacts that were considered less Than Significant and other impacts within the same environmental resource were considered either Potentially Significant No impacts were deemed Significant These Findings do not address resource issues that were determined to have No Impact Resources for which No Impacts were determined include land Use and Planning Mineral Resources Population and Housing Public Services and Recreation
Less-than-Significant Impacts These Findings do not address impacts that are considered less than significant prior to mitigation The lessshythan-significant impacts are not addressed in these Findings Impacts were found to be less than significant for Agriculture and Forest Resources Energy Conservation Geology and Soils Hydrology and Water Quality Noise and Utilities and Service Systems
However due to the number of comments at the public meeting and subsequently in written comments during the public comment period about the use of agricultural land for the proposed solar farm the Board is adopting the following finding concerning the conclusion of the EIR and the independent conclusion of the Board that the project will not cause a significant environmental effect in the form of converting agricultural land Based upon substantial evidence and expert opinion of the independent EIR consultant the EIR concluded that the potential conversion of agricultural land to non-agricultural uses was not a significant effect caused by the Project In reaching this conclusion the EIR emphasized multiple facts policies and evidence The use is a temporary use allowed by a lease between the proponent and the land owner At the conclusion of the leasehold estate the proponent has a contractual obligation to restore the land to the condition present before the lease executed This includes dismantling and removing all equipment excavating and removing all underground wires and cables removing all posts and roads breaking up and removing all cement pads and foundations removing all septic tanks and leach fields and regarding the real property to facilitate continued farming operations (Decommissioning activities)
The County has the power to and may include a condition requiring the proponent complete the decommissioning actiVity Communications with Stanislaus County indicate that a formal agreement should be developed that will keep the subject property in some level of agricultural production (albeit grazing) during the project life and return it to a state suitable to agricultural production at the conclusion of the project
In addition CEQA Guideline Appendix G indicates that if a project causes a significant environmental effect if it converts prime or unique farmland or if it converts farmland of Statewide Importance The Board independently reviewed the analysis of the term convert found at page 32-3 of the Final EIR and independently concludes based upon this analysis that since the land will be restored to the agricultural condition prior to executing the lease that the project does not amount to a permanent or irreversible conversion of agricultural land Therefore the Board finds that the Project does not cause a significant environmental effect in the form of converting agricultural land
DOCS_N271S4S_V4_Board_Agenda_Report_ForJhe_MchenFl_Solar]arm_ProJecC7_l6_11 Rev De 1010 85
BOARD RESOLUTIO N
Furthermore Stanislaus County with significant expertise in the area of preserving and protecting agricultural land has previous addressed this issue and determined that a temporary use of farmland for a solar farm is a less than significant environmental effect under CEQA
Significant Impacts for Which Mitigation Measures are Provided The EIR also identified several impacts that are considered to be Potentially Significant The impacts in this category are Aesthetics Visual Quality and Light and Glare Air Quality Biological Resources Cultural and Paleontological Resources Greenhouse Gas Emissions Hazards and Hazardous Materials and Transportation and Traffic These impacts will be fully avoided through the adoption of feasible mitigation measures No significant unavoidable environmental impacts are expected from either construction or operation ofthe project
Each of these impacts can be reduced to lessmiddotthan-significant levels andor avoided with the implementation of mitigation measures They are considered below
Aesthetics Visual Quality and Light and Glare
Impact 41-2
Impact 41-2 The Project would create a new source of light or glare which could adversely affect daytime ornighttime views in the area (DEIR page ES-8)
Mitigation Measures
Mitigation Measure 41-2 Nighttime Construction Lighting Nighttime construction lighting if required shall be shielded and oriented downward to minimize effects on any nearby receptors Lighting shall be directed toward active construction areas only and shall have the minimum brightness necessary to ensure worker safety
Finding
The Board finds based on substantial evidence presented in the record of prolteedings that implementation of this measure will reduce the potentially significant impact on aesthetics visual quality and light and glare
Air Quality
Impact 43-1
Impact 43-1 Construction and decommissioning activities would generate emissions of criteria pollutants including suspended and inhalable particulate matter and equipment exhaust emissions (DEIR page ES-8 and ES-9)
OOCSN271545 V4BoordAge ndaReportfor _ TheMchenry Solo r Fa rmproject_7 _2611 Rev Oec 2010 86
~)1IDMOto Irlgation BOARD RESOLUTION
It e DItrld water and POwtr-
Mitigation Measure
Mitigation Measure 43-1 Implement Dust Control Measures The Applicant shall submit a Dust Control Plan to the APCO for approval prior to start of construction (and subsequently decommissioning) activities The Plan shall cover both Applicant and MID activities and shall require implementation of the following dust control measures
bull All disturbed areas including storage piles that are not being actively used for construction purposes shall be effectively stabilized of dust emissions using water chemical stabilizersuppressant covered with a tarp or other suitable cover or vegetative ground cover
bull All on-site unpaved roads and off-site unpaved access roads shall be effectively stabilized of dust emissions using water or chemical stabilizersuppressant
bull All land clearing grubbing scraping excavation land leveling grading cut and fill and demolition activities shall be effectively controlled of fugitive dust emissions using application of water or by presoaking
bull When materials are transported off-site all material shall be covered or effectively wetted to limit visible dust emissions and at least six inches of freeboard space from the top of the container shall be maintained
bull Limit or expeditiously remove trackout (Le accumulation of mud or dirt from Projectshyrelated vehicle tires) from adjacent public streets near the Project access points Trackout shall be immediately removed from public streets when it extends 50 or more feet from the Project access points otherwise trackout shall be removed at the end of each workday (The use of dry rotary brushes is expressly prohibited except where preceded or accompanied by sufficient wetting to limit the visible dust emissions)(Use of blower devices is expressly forbidden)
bull Following the addition of materials to or removal of materials from the surface of outdoor storage piles said piles shall be effectively stabilized of fugitive dust emissions using sufficient water or chemical stabilizersuppressant
bull limit traffic speed on unpaved on-site roads to 15 mph
bull Install sandbags or other erosion control measures to prevent silt runoff to public roadways from sites with a slope greater than one percent
bull Install windbreaks at windward side(s) of construction areas
bull Suspend excavation and grading activity when winds exceed 20 mph
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation of these measures will reduce the potentially significant impact on air quality
DOCS_N27154S_V4_Boardfgenda_RoportJor The_MchenVSolar Farm_Projece726_11 Rev Dec 2010 87
Modosto Irrlatlon BOARD RESOLUTION District~lt1ID
Wattrld ~owt
Impact 43-4
Impact 43-4 Construction and decommissioning emissions associated with the Project could result in emissions of ozone precursors and particulate matter that would be cumulatively considerable (OEIR page ES-9)
Mitigation Measure
Mitigation Measure 43-4 Implement Mitigation Measure 43-1
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation of this measure will reduce the potentially significant impact on air quality
Impact 43-6
Impact 43-6 The Project would generate emissions of criteria pollutants potentially exposing sensitive receptors to harmful pollutant concentrations (OEIR page ES-9)
Mitigation Measure
Mitigation Measure 43-6 Implement Mitigation Measure 43-1
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation ofthis measure will reduce the potentially significant impact on air quality
Biological Resources
Impact 44-1
Impact 44-1 Applicant Project activities could result in potential disturbance or loss of Swainsons hawk and their habitat (OEIR page ES-10)
Mitigation Measure
Mitigation Measure 44-1a Preconstruction Surveys for Swainsons Hawk If Project-related construction or decommissioning activities are planned to occur during the nesting period (March 1 to September 15) the Applicant shall engage a qualified biologist to conduct preconstruction surveys for Swainsons hawk and their nests no more than 14 days before the start of construction or decommissioning activities within 025 mile ofthe Project site where access is available Survey results shall be submitted to CDFG at least three days prior to the start of construction or decommissioning activities If active nests are not identified no further action is required and constructiondecommissioning may proceed If active nests are identified the Applicant shall consult with CDFG to develop and implement suitable avoidance measures consistent with the Staff Report Regarding Mitigation for Impacts to Swainsons
DOCS_N271545_V4_Boa rd_Agenda_Repor1_For_ The_Mchenry _Solar_Farm_Project_7 _26_11 Rev Dec 2010 88
f ID= BOARD RESOLUTION hlY1 IIArlel Walfr and POWir
Hawks in the Central Valley of California (CDFG 1994) To avoid impacting breeding efforts no construction or decommissioning activities shall occur between March land September 15 within 500 feet of an active nest that could cause nest abandonment or forced fledging These buffers may be reduced in consultation with CDFG Depending on conditions specific to each active nest and the relative location and rate of construction or decommissioning activities it may be feasible for such activities to occur as planned within the buffer without impacting the breeding effort In this case (to be determined in consultation with CDFG) the nest(s) shall be monitored by a qualified biologist during construction or decommissioning within the buffer The monitor shall have ltstop work authority If in the professional opinion of the monitor Project activities are negatively affecting the nesting behavior of the bird the monitor shall stop all such activities within the designated buffer Construction or decommissioning activities shall not resume until either the monitor has determined that the young have fledged the nest or as otherwise approved by CDFG With CDFG concurrence construction activities that are initiated outside the nesting season may continue even if raptors choose to nest within 500 feet of work activities Thus work may continue without delay if surveys verify the local absence of nesting raptors or if construction begins outside the nesting period (September 16 to February 28)
Mitigation Measure 44-1b Reduce Construction Noise Levels If it appears that noise or vibration from vibratory post driving associated with Project construction (or other similar noise-generating construction or decommissioning activity) could affect nesting Swainsons hawks that arrive after the start of construction specific measures including but not limited to use of noise dissipaters shall be implemented to reduce noise levels During post driving a noise level of no greater than 85 decibels (measured at the nest) shall be used as general guidance for nests that are established after construction
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation of this measure will reduce the potentially significant impact on biological resources
Impact 44-2
Impact 44-2 MID activities could result in potential disturbance or loss of Swainsons hawk and their habitat (DEIR page ES-10)
Mitigation Measure
Mitigation Measure 44-2 Avian-safe Transmission Line MID Transmission poles should be designed using criteria identified in Avian Power line Interaction Committee (APUC 2006)
OOCS_N271545_V4_Boad_AIlenda_Report]o_ The_Mchenrv_Sola_Farm_Poject_c26_11 Rev Dec 2010 89
Mdes Irrlgbullbulllen BOARD RESOLUTION
DItrid- ~lt1IDwater and Powtr
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation of this measure will reduce the potentially significant impact on biological resources
Impact 44-3 Impact 44-3 Project activities could impact other tree-nesting raptors andor protected nesting migratory birds (DEIR page ES-ll)
Mitigation Measure
Mitigation Measure 44-3 Preconstruction Raptor Surveys (Applicant) If Project-related construction andor decommissioning activities are to occur during the breeding period for nesting raptors andor protected nesting migratory birds (February 1 through August 31) the Applicant shall engage a qualified biologist to conduct preconstruction surveys of all potential habitat within 500 feet of the Project site no more than 14 days prior to the start of construction or decommissioning activities If active nests are not identified no further action is necessary If active nests are identified during preconstruction surveys a no-disturbance buffer shall be created around active raptor nests and nests of other special-status birds during the breeding season or until it is determined by the qualified biologist that all young have fledged Typical buffers are 500 feet for raptors and 250 feet for other nesting birds (eg waterfowl and passerine birds) The size of these buffer zones and types of construction or decommissioning activities allowed in these areas could be further modified in coordination with CDFG and shall be based on existing noise and disturbance levels in the Project area
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implernentation ofthis measure will reduce the potentially significant impact on biological resources
Impact 44-4
Impact 44-4 Project activities could result in potential disturbance or loss of burrowing owls and their habitat (DEIS page ES-ll)
Mitigation Measure
Mitigation Measure 44-4a Preconstruction Burrowing Owl Surveys (Applicant) The Applicant shall engage a qualified biologist to conduct preconstruction surveys for burrowing owls 14 to 30 days prior to the start of construction or decommissioning using the most current CDFG protocol Surveys shall cover grassland areas within a SOO-foot buffer from all Project constructiondecommissioning activities that are within suitable grasslands habitat including checking for adult and juvenile burrowing owls and owl nests If owls are detected during
DOCSN271545V4BoardAgendaReportForTheMchenrvSolarJarmProject72611 Rev Dec 2010 90
WID n BOARD RESOLUTION L bl Dltrld WIIIT Irld Ptlwtt
surveys occupied burrows shall not be disturbed Constructiondecommissioning exclusion areas (eg orange exclusion fence or signage) shall be established around the occupied burrows where no disturbance shall be allowed During the nonbreeding season (September 1 through January 31) the exclusion zone shall extend 160 feet around occupied burrows During the breeding season (February 1 through August 31) exclusion areas shall extend 250 feet around occupied burrows If the above requirements cannot be met passive relocation of onshysite owls may be implemented as an alternative but only during the nonbreeding season and only with prior CDFG approval Passive relocation shall be accomplished by installing one-way doors on the entrances of burrows located within 160 feet ofthe Project area The one-way doors shall be left in place for 48 hours to ensure the owls have left the burrow The burrows shall then be excavated with a qualified biologist present Constructiondecommissioning shall not proceed until the Project area is deemed free of owls by the qualified biologist
Mitigation Measure 44-4b Preconstruction Burrowing Owl Surveys (MID) Prior to construction MID shall conduct pre-construction surveys for burrowing owl for the subtransmissiondistribution line and fiber optic cable alignment These surveys shall be conducted using the most up-to-date CDFG published protocols (eg CDFGs 1995 Staff Report on Burrowing Owl Mitigation) If owls are detected during surveys occupied burrows shall not be disturbed
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation ofthis measure will reduce the potentially significant impact on biological resources
Cultural and Paleontological Resources
Impact 45-1
Impact 45-1 The proposed Project could potentially cause an adverse change in the significance of a unique archaeological resource pursuant to sect150645 (DEIR page ES-12)
Mitigation Measure
Mitigation Measure 45-1 If Cultural Resources are Discovered During Ground-Disturbing Activities Suspend Work until Resource is Evaluated Prior to the initiation of site preparation or start of construction (and subsequently decommissioning) the Applicant shall retain a qualified professional archaeologist to complete an archaeological resources training program for construction workers involved in grading and excavation activities Training shall include
awareness and recognition of archaeological materials and the procedures to follow if
construction crews encounter such materials in the course of earthwork excavation or grading If archaeological resources are encountered all activity within 50 feet of the find shall
cease until it can be evaluated by a qualified archaeologist Prehistoric archaeological materials
DOCS_N27154S_V4_Board_Asenda_Report_For_ The_Mchenry _Sol _fam]roject_7_26_11 Rev Dec 2010 91
Motlesto Irrlatlo~lt1ID BOARD RESOLUTIO N
II DIlrld VialfrantJ PCMl
could include obsidian and chert f1aked~stone tools (eg projectile points knives scrapers) or toolmaking debris culturally darkened soil (ilmidden) containing heat~affected rocks artifacts
or shellfish remains and stone milling equipment (eg mortars pestles handstones or milling slabs) and battered stone tools such as hammerstones and pitted stones Historic~period materials could include stone concrete or adobe footings and walls filled wells or privies and
deposits of metal glass andor ceramic refuse The archaeologist shall notify the Applicant and MID if the resource may be significant An appropriate treatment plan for the resources shall then be developed by the Applicant for approval by MID The archaeologist shall consult with Native American representatives in determining appropriate treatment for prehistoric or Native American cultural resources if discovered In considering any suggested mitigation proposed by the archaeologist the Applicant and MID shall determinewhether avoidance is feasible in light of factors such as the nature of the find project design costs and other considerations If avoidance is not feasible other appropriate measures (eg data recovery) shall be instituted Work may proceed in other parts of the Project site while mitigation for cultural resources in other areas of the site is being carried out
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation ofthis measure will reduce the potentially significant impact on unique archaeological resources
Impact 45-2
Impact 45-2 The proposed Project could potentially destroy a unique paleontological resource or site or unique geologic feature (DEIR page ES-12)
Mitigation Measure
Mitigation Measure 45-2 If Paleontological Resources are Discovered During Ground-Disturbing Activities Suspend Work until Resource is Evaluated Prior to the initiation of site preparation or start of construction (and subsequently decommissioning) the Applicant shall retain a qualified profeSSional paleontologist or a California Registered Professional Geologist (California RPG) with appropriate paleontological expertise as defined by the Society of Vertebrate Paleontologys Conformable Impact Mitigation Guidelines Committee (SVP 1995 Guidelines) to carry out a paleontological resources training program for construction workers involved in grading and excavation activities Training shall include awareness and recognition of potential fossil materials and the procedures to follow if construction crews encounter fossil materials in the course of earthwork excavation or grading If construction crews discover potential fossils all earthwork or other types of ground disturbance within 50 feet of the find shall stop immediately until the qualified professional paleontologist can assess the nature and importance of the find Based on the scientific value or uniqueness of the find the monitor may record the find and allow work to continue or recommend salvage and recovery of the fossil The Applicant shall require the paleontologist to be on-call throughout the duration of ground-disturbing activities
DOCS_N27154S_ V4_Boa rd_Agenda_Report]or_The_Mchenry _Solar ]a_ProjecC7_26_11 Rev Dec 2010 92
ID= BOARD RESOLUTION I 11 DlstrldwIltIdPowt
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation of this measure will reduce the potentially significant impact on paleontological resources
Impact 45-3
Impact 45-3 The proposed Project could potentially disturb any human remains including those interred outside of formal cemeteries (DEIR page ESmiddot13)
Mitigation Measure
Mitigation Measure 45-3 Halt Work if Human Skeletal Remains are Identified During Construction If human skeletal remains are uncovered during Project construction (and subsequently decommissioning) work shall immediately halt within 100 feet of the find The Applicant shall contact the Stanislaus County Coroner to evaluate the remains and shall follow the procedures and protocols set forth in sect150645(e(1) of the CEQA Guidelines If the County Coroner determines that the remains are Native American the Applicant shall contact the Native American Heritage Commission in accordance with Health and Safety Code Section 70505 subdivision (c) and Public Resources Code 509798 (as amended by AB 2641) The Native American Heritage Commission will designate a Most Likely Descendent of the deceased Native American who will provide recommendations as to the future disposition ofthe remains
Finding
The Board finds based on substantjal evidence presented in the record of proceedings that implementation of this measure will reduce the potentially Significant impact on human remains
Greenhouse Gas Emissions
Impact 48-2
Impact 48-2 The Project could conflict with the California Air Resources Boards Climate Change Scoping Plan (DEIR page ES-14)
Mitigation Measure
Mitigation Measure 48-2 Low SF6 Leak Rate Circuit Breaker and Monitoring The applicant shall ensure that the circuit breaker installed at the proposed new substation has a guaranteed SF6 annual leak rate of no more than 05 percent by volume The Applicant shall provide MID with documentation of compliance such as specification sheets prior to installation of the circuit breaker In addition the Applicant shall monitor the SF6middotcontaining circuit breaker at the substation consistent with Scoping Plan Measure H-6 for the detection and repair of leaks
OOCSN271545V4BoarltljgendaReportJo rTheMchenry_SolarJarm_Project72611 Rev Dec 2010 93
~MID
Mst Irrl_60 BOARD RESOLUTION
II District Weltr _rut Pampftl
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation ohhis measure will reduce the potentially significant impact on greenhouse gas emissions
Hazards and Hazardous Materials
Impact 49-2
Impact 49-2 The Project could result in an accidental spill or leak during construction or decommissioning that could release hazardous materials into the environment (DEIR page ESshy14)
Mitigation Measure
Mitigation Measure 49-2 Accidental Spill Prevention and Response Plan The Applicant shall prepare an Accidental Spill Prevention and Response Plan for construction and decommissioning activities for review and approval by Modesto Irrigation District The plan shall identify measures to prevent accidental spills from leaving the site and methods for responding to and cleaning up spills to limit the amount of materials released into the environment Such measures shall include but not be limited to ensuring that absorbent material tarps storage drums and other emergency spill supplies and equipment are kept at the Project site at all times
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation of this measure will reduce the potentially significant impact on hazardous materials
Transportation and Traffic
Impact 417-1
Impact 417-1 Project construction and decommissioning activities could intermittently and temporarily increase traffic congestion due to vehicle trips generated by construction workers and construction vehicles on area roadways (DEIR page ES-16)
Mitigation Measure
Mitigation Measure 417-1a MID Traffic Control Measures During construction and decommissioning of the sub-transmission and distribution lines and fiber optic cable MID shall implement the following traffic mitigation measures from the 2006 PEIR Update (2006 PEIR Update p 10-6)
DOCSN271545V4BoadAgendaRepoCForTheMhenrvSolaFarmProJeet72611 Rev Dolt 2010 94
cIbullbulltomiddot Irrlgatlon BOARD RESOLUTION e DistrIct~lt1ID
Wntr and POwtf
1 MID will coordinate design and construction of program facilities with the agencies with jurisdiction including Caltrans counties cities special districts other utilities and the FAA as required
2 MID will obtain any necessary encroachment permits inspections or other approvals from agencies with jurisdiction
2A MID will obtain any necessary approvals and inspections from agencies with jurisdiction
2B MID shall coordinate the design and construction and shall obtain any necessary permits from the County City or State prior to placing any facilities within the public road rights-of-way of those agencies and shall conform to applicable conditions in the encroachment permit
3 MID will utilize all necessary precautions to minimize safety concerns when working within public road rights-of-way Traffic safety cones construction signage or other measures will be used to alert drivers to construction activities
4 Electrical facilities placed within public rights-of-way will comply with applicable standards for avoiding hazards to drivers pedestrians and bicyclists
Mitigation Measure 417-1bApplicant Construction Traffic Management and Safety Plan Prior to the start of construction (and subsequently decommissioning) of the Project the Applicant shall prepare and implement a Traffic Management and Safety Plan that shall reduce or eliminate impacts associated with the Project The Plan shall adhere to Stanislaus County and Caltrans requirements and shall include at a minimum the following elements
a) Schedule Project-generated construction truck trips on SR 99 SR 108 and SR 219 outside the peak morning and evening commute hours to reduce potential traffic congestion and reduce potentia I for transit delays during the p traffic congestion and reduce potential for transit delays during the peak commute periods
b) Comply with transportation permit requirements of Caltrans and CHP when scheduling Project-generated construction truck trips carrying oversized loads In addition provide preshynotification to local police fire and emergency service providers of the timing location and duration of construction activities that could affect the movement of emergency vehicles on area roadways
c) Place signs (eg Slow Trucks andor Trucks Turning Ahead) along appropriate roads to notify drivers of construction traffic throughout the duration of the constructionperiodeak commute periods
DOCSN271545V4Boord_AgendaReportJorThe_MchenrySolaFa rmProject72611 Rev Dec 2010 95
IDn BOARD RESOLUTION~ -bl Dstrld Water lila POwtr
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation ofthis measure will reduce the potentially significant impact on traffic and transportation
Impact 417-3
Impact 417-3 Project construction and decommissioning activities could substantially increase traffic hazards due to construction in or adjacent to roads (DEIR page ES-17)
Mitigation Measure
Mitigation Measure 417-3 Implement Mitigation Measures 417-1a and 417-1b
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation of this measure will reduce the potentially significant impact on traffic and transportation
Impact 417-4
Impact 417-4 The Project could result in inadequate emergency access (DEIR page ES-17)
Mitigation Measure
Mitigation Measure 417-4 Develop an Emergency Access Plan for the Site The Applicant shall develop and implement an Emergency Access Plan which shall include evacuation routes and strategies to ensure accessibility and mobility for project area and emergency vehicles AdditionaI measures include developing an emergency action plan that identifies roles and responsibilities during emergencies and to update the plan regularly
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation of this measure will reduce the potentially significant impact on emergency access
VIII PROJECT ALTERNATIVES
The McHenry Solar Farm Project EIR is a project-specific ErR that evaluated a more than a dozen alternative locations to the proposed site three alternative sub-transmission line interconnection points for the proposed site three alternative solar technologies concentrated solar parabolic trough concentrated solar power tower and thin-film PV and two alternative approaches to the proposed generation of solar energy conservation and demand side management and distributed generation solar Table 1 lists the alternatives that were considered as well as which ones passed and the others that failed the screening analysis that was performed In addition the No Project Alternative was conSidered
DOCSN271545 V4BoardAgend bullbullReporCFor TheMchenry SolarFarmProJect72611 Rev Dec 2010
bull
96
~IDn BOARD RESOLUTION bJlTI District Waterlnd Power
The Final EIR presented the analysis for rejecting the alternative sites The Board independently evaluated this analysis and concurs in the analysis and conclusions presented The answering of the key question (See CEQA Guidelines Section 151266f)(2)A)) the Board finds that the Project does not cause any significant
environmental effect that is not reduced to less than significant with mitigation measures Never the lessl the EIR opted to address alternative sites
Various public comments offered generalized comments on alternatives sites No substantial evidence was presented regarding the feasibility of such sites or the reasonable ability of the Applicant to acquire the sitesl
and substantial evidence was not presented that these alternative sites would lessen all ofthe Projects significant effects to less than significant
DOCS_N271545_V4_Board_Ai n_ReporCFor _The_Mchenry _SolacFarm_Project_7 _26_11 Rev Dec 2010 97
COPIES OF THE DRAFT AND FINAL ENVIRONMENTALIMPACT REPORT AND ARE AVAILABLE FOR REVIEW ATTHE COUNTY PLANNING DEPARTMENT OFFICE OR VIATHE INTERNET AThttpwwwstancountycomplanningplagenda-min-2011shtm HARD COPIES OF ALL EIR DOCUMENTS REFERENCED INTHIS REPORT HAVE BEEN PROVIDED TO EACH MEMBEROF THE PLANNING COMMISSION
98
Executive Summary
McHenry Solar Project ES-8 May 2011 Draft Environmental Impact Report
TABLE ES-1 SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Aesthetics Visual Quality and Light and Glare
Impact 41-1 The Project could degrade the existing visual character or quality of the site and its surroundings
Less than Significant
None required
Impact 41-2 The Project would create a new source of light or glare which could adversely affect daytime or nighttime views in the area
Potentially Significant
Mitigation Measure 41-2 Nighttime Construction Lighting Nighttime construction lighting if required shall be shielded and oriented downward to minimize effects on any nearby receptors Lighting shall be directed toward active construction areas only and shall have the minimum brightness necessary to ensure worker safety
Less than Significant
Agriculture and Forest Resources
Impact 42-1 The Project would temporarily discontinue the current exclusive agricultural use (row crops) of Prime Farmland to a mix of agricultural use (grazing) and non-agricultural use
Less than Significant
None required
Air Quality
Impact 43-1 Construction and decommissioning activities would generate emissions of criteria pollutants including suspended and inhalable particulate matter and equipment exhaust emissions
Potentially Significant
Mitigation Measure 43-1 Implement Dust Control Measures The Applicant shall submit a Dust Control Plan to the APCO for approval prior to start of construction (and subsequently decommissioning) activities The Plan shall cover both Applicant and MID activities and shall require implementation of the following dust control measures
All disturbed areas including storage piles that are not being actively used for construction purposes shall be effectively stabilized of dust emissions using water chemical stabilizersuppressant covered with a tarp or other suitable cover or vegetative ground cover
All on-site unpaved roads and off-site unpaved access roads shall be effectively stabilized of dust emissions using water or chemical stabilizersuppressant
All land clearing grubbing scraping excavation land leveling grading cut and fill and demolition activities shall be effectively controlled of fugitive dust emissions using application of water or by presoaking
When materials are transported off-site all material shall be covered or effectively wetted to limit visible dust emissions and at least six inches of freeboard space from the top of the container shall be maintained
Limit or expeditiously remove trackout (ie accumulation of mud or dirt from Project-related vehicle tires) from adjacent public streets near the Project access points Trackout shall be immediately removed from public streets when it extends 50 or more feet from the Project access points otherwise trackout shall be removed at the end of each workday (The use of dry rotary brushes is expressly prohibited except where preceded or accompanied by sufficient wetting to limit the visible dust emissions)(Use of blower devices is expressly forbidden)
Less than Significant
99
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-9 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Air Quality (cont)
Impact 43-1 (cont) Following the addition of materials to or removal of materials from the surface of outdoor storage piles said piles shall be effectively stabilized of fugitive dust emissions using sufficient water or chemical stabilizersuppressant
Limit traffic speed on unpaved on-site roads to 15 mph
Install sandbags or other erosion control measures to prevent silt runoff to public roadways from sites with a slope greater than one percent
Install windbreaks at windward side(s) of construction areas
Suspend excavation and grading activity when winds exceed 20 mph
Impact 43-2 Operation of the Project would generate exhaust emissions of criteria pollutants from routine operations
Less than Significant
None required
Impact 43-3 The Project could result in permanently disturbed land that would serve as a source of fugitive dust emissions
Less than Significant
None required
Impact 43-4 Construction and decommissioning emissions associated with the Project could result in emissions of ozone precursors and particulate matter that would be cumulatively considerable
Potentially Significant
Mitigation Measure 43-4 Implement Mitigation Measure 43-1 Less than Significant
Impact 43-5 Operation and maintenance of the Project could generate emissions of criteria pollutants that would be cumulatively considerable
Less than Significant
None required
Impact 43-6 The Project would generate emissions of criteria pollutants potentially exposing sensitive receptors to harmful pollutant concentrations
Potentially Significant
Mitigation Measure 43-6 Implement Mitigation Measure 43-1 Less than Significant
Impact 43-7 The Project would generate emissions of Toxic Air Contaminants potentially exposing sensitive receptors to harmful pollutant concentrations
Less than Significant
None required
100
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-10 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Biological Resources
Impact 44-1 Applicant Project activities could result in potential disturbance or loss of Swainsonrsquos hawk and their habitat
Potentially Significant
Mitigation Measure 44-1a Preconstruction Surveys for Swainsonrsquos Hawk If Project-related construction or decommissioning activities are planned to occur during the nesting period (March 1 to September 15) the Applicant shall engage a qualified biologist to conduct preconstruction surveys for Swainsonrsquos hawk and their nests no more than 14 days before the start of construction or decommissioning activities within 025 mile of the Project site where access is available Survey results shall be submitted to CDFG at least three days prior to the start of construction or decommissioning activities If active nests are not identified no further action is required and constructiondecommissioning may proceed If active nests are identified the Applicant shall consult with CDFG to develop and implement suitable avoidance measures consistent with the Staff Report Regarding Mitigation for Impacts to Swainsonrsquos Hawks in the Central Valley of California (CDFG 1994) To avoid impacting breeding efforts no construction or decommissioning activities shall occur between March 1 and September 15 within 500 feet of an active nest that could cause nest abandonment or forced fledging These buffers may be reduced in consultation with CDFG
Depending on conditions specific to each active nest and the relative location and rate of construction or decommissioning activities it may be feasible for such activities to occur as planned within the buffer without impacting the breeding effort In this case (to be determined in consultation with CDFG) the nest(s) shall be monitored by a qualified biologist during construction or decommissioning within the buffer The monitor shall have ldquostop workrdquo authority If in the professional opinion of the monitor Project activities are negatively affecting the nesting behavior of the bird the monitor shall stop all such activities within the designated buffer Construction or decommissioning activities shall not resume until either the monitor has determined that the young have fledged the nest or as otherwise approved by CDFG
With CDFG concurrence construction activities that are initiated outside the nesting season may continue even if raptors choose to nest within 500 feet of work activities Thus work may continue without delay if surveys verify the local absence of nesting raptors or if construction begins outside the nesting period (September 16 to February 28)
Less than Significant
Mitigation Measure 44-1b Reduce Construction Noise Levels If it appears that noise or vibration from vibratory post driving associated with Project construction (or other similar noise-generating construction or decommissioning activity) could affect nesting Swainsonrsquos hawks that arrive after the start of construction specific measures including but not limited to use of noise dissipaters shall be implemented to reduce noise levels During post driving a noise level of no greater than 85 decibels (measured at the nest) shall be used as general guidance for nests that are established after construction
Impact 44-2 MID activities could result in potential disturbance or loss of Swainsonrsquos hawk and their habitat
Potentially Significant
Mitigation Measure 44-2 Avian-safe Transmission Line (MID) Transmission poles should be designed using criteria identified in Avian Power Line Interaction Committee (APLIC 2006)
Less than Significant
101
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-11 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Biological Resources (cont)
Impact 44-3 Project activities could impact other tree-nesting raptors andor protected nesting migratory birds
Potentially Significant
Mitigation Measure 44-3 Preconstruction Raptor Surveys (Applicant) If Project-related construction andor decommissioning activities are to occur during the breeding period for nesting raptors andor protected nesting migratory birds (February 1 through August 31) the Applicant shall engage a qualified biologist to conduct preconstruction surveys of all potential habitat within 500 feet of the Project site no more than 14 days prior to the start of construction or decommissioning activities If active nests are not identified no further action is necessary If active nests are identified during preconstruction surveys a no-disturbance buffer shall be created around active raptor nests and nests of other special-status birds during the breeding season or until it is determined by the qualified biologist that all young have fledged Typical buffers are 500 feet for raptors and 250 feet for other nesting birds (eg waterfowl and passerine birds) The size of these buffer zones and types of construction or decommissioning activities allowed in these areas could be further modified in coordination with CDFG and shall be based on existing noise and disturbance levels in the Project area
Less than Significant
Impact 44-4 Project activities could result in potential disturbance or loss of burrowing owls and their habitat
Potentially Significant
Mitigation Measure 44-4a Preconstruction Burrowing Owl Surveys (Applicant) The Applicant shall engage a qualified biologist to conduct preconstruction surveys for burrowing owls 14 to 30 days prior to the start of construction or decommissioning using the most current CDFG protocol Surveys shall cover grassland areas within a 500-foot buffer from all Project constructiondecommissioning activities that are within suitable grasslands habitat including checking for adult and juvenile burrowing owls and owl nests If owls are detected during surveys occupied burrows shall not be disturbed
Constructiondecommissioning exclusion areas (eg orange exclusion fence or signage) shall be established around the occupied burrows where no disturbance shall be allowed During the nonbreeding season (September 1 through January 31) the exclusion zone shall extend 160 feet around occupied burrows During the breeding season (February 1 through August 31) exclusion areas shall extend 250 feet around occupied burrows
If the above requirements cannot be met passive relocation of on-site owls may be implemented as an alternative but only during the nonbreeding season and only with prior CDFG approval Passive relocation shall be accomplished by installing one-way doors on the entrances of burrows located within 160 feet of the Project area The one-way doors shall be left in place for 48 hours to ensure the owls have left the burrow The burrows shall then be excavated with a qualified biologist present Constructiondecommissioning shall not proceed until the Project area is deemed free of owls by the qualified biologist
Less than Significant
Mitigation Measure 44-4b Preconstruction Burrowing Owl Surveys (MID) Prior to construction MID shall conduct pre-construction surveys for burrowing owl for the sub-transmissiondistribution line and fiber optic cable alignment These surveys shall be conducted using the most up-to-date CDFG published protocols (eg CDFGs 1995 Staff Report on Burrowing Owl Mitigation) If owls are detected during surveys occupied burrows shall not be disturbed
102
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-12 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Cultural and Paleontological Resources
Impact 45-1 The proposed Project could potentially cause an adverse change in the significance of a unique archaeological resource pursuant to sect150645
Potentially Significant
Mitigation Measure 45-1 If Cultural Resources are Discovered During Ground-Disturbing Activities Suspend Work until Resource is Evaluated Prior to the initiation of site preparation or start of construction (and subsequently decommissioning) the Applicant shall retain a qualified professional archaeologist to complete an archaeological resources training program for construction workers involved in grading and excavation activities Training shall include awareness and recognition of archaeological materials and the procedures to follow if construction crews encounter such materials in the course of earthwork excavation or grading If archaeological resources are encountered all activity within 50 feet of the find shall cease until it can be evaluated by a qualified archaeologist Prehistoric archaeological materials could include obsidian and chert flaked-stone tools (eg projectile points knives scrapers) or toolmaking debris culturally darkened soil (ldquomiddenrdquo) containing heat-affected rocks artifacts or shellfish remains and stone milling equipment (eg mortars pestles handstones or milling slabs) and battered stone tools such as hammerstones and pitted stones Historic-period materials could include stone concrete or adobe footings and walls filled wells or privies and deposits of metal glass andor ceramic refuse The archaeologist shall notify the Applicant and MID if the resource may be significant An appropriate treatment plan for the resources shall then be developed by the Applicant for approval by MID The archaeologist shall consult with Native American representatives in determining appropriate treatment for prehistoric or Native American cultural resources if discovered
In considering any suggested mitigation proposed by the archaeologist the Applicant and MID shall determine whether avoidance is feasible in light of factors such as the nature of the find project design costs and other considerations If avoidance is not feasible other appropriate measures (eg data recovery) shall be instituted Work may proceed in other parts of the Project site while mitigation for cultural resources in other areas of the site is being carried out
Less than Significant
Impact 45-2 The proposed Project could potentially destroy a unique paleontological resource or site or unique geologic feature
Potentially Significant
Mitigation Measure 45-2 If Paleontological Resources are Discovered During Ground-Disturbing Activities Suspend Work until Resource is Evaluated Prior to the initiation of site preparation or start of construction (and subsequently decommissioning) the Applicant shall retain a qualified professional paleontologist or a California Registered Professional Geologist (California RPG) with appropriate paleontological expertise as defined by the Society of Vertebrate Paleontologyrsquos Conformable Impact Mitigation Guidelines Committee (SVP 1995 Guidelines) to carry out a paleontological resources training program for construction workers involved in grading and excavation activities Training shall include awareness and recognition of potential fossil materials and the procedures to follow if construction crews encounter fossil materials in the course of earthwork excavation or grading If construction crews discover potential fossils all earthwork or other types of ground disturbance within 50 feet of the find shall stop immediately until the qualified professional paleontologist can assess the nature and importance of the find Based on the scientific value or uniqueness of the find the monitor may record the find and allow work to continue or recommend salvage and recovery of the fossil The Applicant shall require the paleontologist to be ldquoon-callrdquo throughout the duration of ground-disturbing activities
Less than Significant
103
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-13 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Cultural and Paleontological Resources (cont)
Impact 45-3 The proposed Project could potentially disturb any human remains including those interred outside of formal cemeteries
Potentially Significant
Mitigation Measure 45-3 Halt Work if Human Skeletal Remains are Identified During Construction If human skeletal remains are uncovered during Project construction (and subsequently decommissioning) work shall immediately halt within 100 feet of the find The Applicant shall contact the Stanislaus County Coroner to evaluate the remains and shall follow the procedures and protocols set forth in sect150645(e)(1) of the CEQA Guidelines If the County Coroner determines that the remains are Native American the Applicant shall contact the Native American Heritage Commission in accordance with Health and Safety Code Section 70505 subdivision (c) and Public Resources Code 509798 (as amended by AB 2641) The Native American Heritage Commission will designate a Most Likely Descendent of the deceased Native American who will provide recommendations as to the future disposition of the remains
Less than Significant
Energy Conservation
Impact 46-1 The construction operation and maintenance and decommissioning of the Project could result in consumption of energy
Less than Significant
None required
Impact 46-2 Construction operation and maintenance and decommissioning of the Project would require use of transportation energy
Less than Significant
None required
Impact 46-3 The Projectrsquos overall use of efficient transportation alternatives would be limited
Less than Significant
None required
Geology and Soils
Impact 47-1 The Project could expose people or structures to potential adverse effects including the risk of loss injury or death involving strong seismic ground shaking and earthquake-induced ground failure (such as liquefaction and lateral spreading)
Less than Significant
None required
Impact 47-2 The Project could result in soil erosion or loss of topsoil
Less than Significant
None required
Impact 47-3 The Project could be located on expansive soil as defined in Table 18-1-B of the Uniform Building Code (1994) creating risks to life or property
Less than Significant
None required
104
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-14 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Geology and Soils (cont)
Impact 47-4 The Project site could have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater
Less than Significant
None required
Greenhouse Gas Emissions
Impact 48-1 The Project would result in emissions of greenhouse gases that would contribute to global climate change
Less than Significant
None required
Impact 48-2 The Project could conflict with the California Air Resources Boardrsquos Climate Change Scoping Plan
Potentially Significant
Mitigation Measure 48-2 Low SF6 Leak Rate Circuit Breaker and Monitoring The Applicant shall ensure that the circuit breaker installed at the proposed new substation has a guaranteed SF6 annual leak rate of no more than 05 percent by volume The Applicant shall provide Modesto Irrigation District with documentation of compliance such as specification sheets prior to installation of the circuit breaker In addition the Applicant shall monitor the SF6-containing circuit breaker at the substation consistent with Scoping Plan Measure H-6 for the detection and repair of leaks
Less than Significant
Hazards and Hazardous Materials
Impact 49-1 Project construction decommissioning and operationmaintenance could create a hazard to the public or the environment through the routine transport use or disposal of hazardous materials
Less than Significant
None required
Impact 49-2 The Project could result in an accidental spill or leak during construction or decommissioning that could release hazardous materials into the environment
Potentially Significant
Mitigation Measure 49-2 Accidental Spill Prevention and Response Plan The Applicant shall prepare an Accidental Spill Prevention and Response Plan for construction and decommissioning activities for review and approval by Modesto Irrigation District The plan shall identify measures to prevent accidental spills from leaving the site and methods for responding to and cleaning up spills to limit the amount of materials released into the environment Such measures shall include but not be limited to ensuring that absorbent material tarps storage drums and other emergency spill supplies and equipment are kept at the Project site at all times
Less than Significant
Hydrology and Water Quality
Impact 410-1 The Project could potentially degrade water quality such that it could violate water quality standards or waste discharge requirements
Less than Significant
None required
105
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-15 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Hydrology and Water Quality (cont)
Impact 410-2 The Project could alter the existing drainage pattern of the site in a manner that could result in erosion or sedimentation on- or off-site or which could contribute to flooding
Less than Significant
None required
Impact 410-3 The Project could create or contribute runoff water that could exceed the capacity of existing or planned stormwater drainage systems or provide additional sources of polluted runoff
Less than Significant
None required
Impact 410-4 The Project could expose people or structures to a risk of loss injury or death involving flooding including flooding as a result of the failure of a levee or dam
Less than Significant
None required
Land Use and Planning
The Project would have no impacts in this resource area
Mineral Resources
The Project would have no impacts in this resource area
Noise
Impact 413-1 Project-related post driving would result in exposure of persons to groundborne vibration
Less than Significant
None required
Impact 413-2 Operation and maintenance of the Project would increase local ambient noise levels
Less than Significant
None required
Impact 413-3 Project construction and decommissioning activities would temporarily increase local ambient noise levels
Less than Significant
None required
Population and Housing
The Project would have no impacts in this resource area
106
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-16 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Public Services
The Project would have no impacts in this resource area
Recreation
The Project would have no impacts in this resource area
Transportation and Traffic
Impact 417-1 Project construction and decommissioning activities could intermittently and temporarily increase traffic congestion due to vehicle trips generated by construction workers and construction vehicles on area roadways
Potentially Significant
Mitigation Measure 417-1a MID Traffic Control Measures During construction and decommissioning of the sub-transmission and distribution lines and fiber optic cable MID shall implement the following traffic mitigation measures from the 2006 PEIR Update (2006 PEIR Update p 10-6)
1 MID will coordinate design and construction of program facilities with the agencies with jurisdiction including Caltrans counties cities special districts other utilities and the FAA as required
2 MID will obtain any necessary encroachment permits inspections or other approvals from agencies with jurisdiction
2A MID will obtain any necessary approvals and inspections from agencies with jurisdiction
2B MID shall coordinate the design and construction and shall obtain any necessary permits from the County City or State prior to placing any facilities within the public road rights-of-way of those agencies and shall conform to applicable conditions in the encroachment permit
3 MID will utilize all necessary precautions to minimize safety concerns when working within public road rights-of-way Traffic safety cones construction signage or other measures will be used to alert drivers to construction activities
4 Electrical facilities placed within public rights-of-way will comply with applicable standards for avoiding hazards to drivers pedestrians and bicyclists
Less than Significant
Mitigation Measure 417-1b Applicant Construction Traffic Management and Safety Plan Prior to the start of construction (and subsequently decommissioning) of the Project the Applicant shall prepare and implement a Traffic Management and Safety Plan that shall reduce or eliminate impacts associated with the Project The Plan shall adhere to Stanislaus County and Caltrans requirements and shall include at a minimum the following elements
a) Schedule Project-generated construction truck trips on SR 99 SR 108 and SR 219 outside the peak morning and evening commute hours to reduce potential traffic congestion and reduce potential for transit delays during the peak commute periods
107
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-17 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Transportation and Traffic (cont)
Impact 417-1 (cont) b) Comply with transportation permit requirements of Caltrans and CHP when scheduling Project-generated construction truck trips carrying oversized loads In addition provide pre-notification to local police fire and emergency service providers of the timing location and duration of construction activities that could affect the movement of emergency vehicles on area roadways
c) Place signs (eg ldquoSlow Trucksrdquo andor ldquoTrucks Turning Aheadrdquo) along appropriate roads to notify drivers of construction traffic throughout the duration of the construction period
Impact 417-2 The Project could conflict with established congestion management programs on affected roads or highways
Less than Significant
None required
Impact 417-3 Project construction and decommissioning activities could substantially increase traffic hazards due to construction in or adjacent to roads
Potentially Significant
Mitigation Measure 417-3 Implement Mitigation Measures 417-1a and 417-1b Less than Significant
Impact 417-4 The Project could result in inadequate emergency access
Potentially Significant
Mitigation Measure 417-4 Develop an Emergency Access Plan for the Site The Applicant shall develop and implement an Emergency Access Plan which shall include evacuation routes and strategies to ensure accessibility and mobility for project area and emergency vehicles Additional measures include developing an emergency action plan that identifies roles and responsibilities during emergencies and to update the plan regularly
Less than Significant
Utilities and Service Systems
Impact 418-1 The proposed Project would require or result in the construction of new stormwater drainage facilities the construction of which could cause significant environmental effects
Less than Significant
None required
108
109
110
REFERRED TO
YE
S
NO
WILL NOT
HAVE
SIGNIFICANT
IMPACT
MAY HAVE
SIGNIFICANT
IMPACT
NO COMMENT
NON CEQA YE
S
NO
YE
S
NO
AGRICULTURE COMMISSIONER X
AIRPORT LAND USE COMMISSION X
ALLIANCE X
BUILDING PERMITS DIVISION X X X
CALTRANS DISTRICT 10 X
CHIEF EXECUTIVE OFFICE X
CITY OF RIVERBANK X
COOPERATIVE EXTENSION X
CORPS OF ENGINEERS X
COUNTY COUNSEL X
ENVIRONMENTAL RESOURCES X X X
FIRE PROTECTION DIST STANISLAUS
CONSOLIDATED X X X
FISH amp GAME DEPT OF X
HAZARDOUS MATERIALS X
IRRIGATION DISTRICT MODESTO X X X
LAFCO X
MODESTO REGIONAL FIRE AUTHORITY FPB X
MOSQUITO DISTRICT EASTSIDE X
MT VALLEY EMERGENCY MEDICAL X
PACIFIC GAS amp ELECTRIC X
PUBLIC WORKS X X X
REGIONAL WATER QUALITY CONTROL X
SAN JOAQUIN VALLEY APCD X
SCHOOL DISTRICT 1 MODESTO X X X
SCHOOL DISTRICT 2 STANISLAUS X
SHERIFF X
StanCOG X
STANISLAUS COUNTY FARM BUREAU X
STANISLAUS ERC X
STATE CLEARINGHOUSE X
STATE LANDS COMMISSION X
SUPERVISORIAL DISTRICT 4 MONTEITH X
SURROUNDING LAND OWNERS
TELEPHONE COMPANY ATampT X
UNITED STATES MILITARY AGENCIES (SB 1462) (5 agencies) X
US FISH amp WILDLIFE X
X
X
SUMMARY OF RESPONSES FOR USE PERMIT REVIEW REFERRALS
RESPONDED RESPONSEMITIGATION
MEASURESCONDITIONS
PROJECT USE PERMIT APPLICATION NO 2011-10 - McHENRY SOLAR FARM
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
RESPONSIBLE
AGENCY REFERRAL
PUBLIC HEARING
NOTICE
X
X
X
X
X
X
X
X
X
111
Jf ID =11 BOARD RESOLUTION~ -hf Dlstrld Wattrand Power
The MMP that the Board of Directors for MID will adopt with these Findings of Fact contains the Draft EIR verbatim mitigation measures (the mitigation measures were not changed in the Final EIR) The mitigation measures in the MMP are referenced to the mitigation measures contained herein in Section VII
VII SIGNIFICANT ADVERSE IMPACTS AND MITIGATION MEASURES
For all of the environmental resources that were evaluated in the EIR there were some impacts that were considered less Than Significant and other impacts within the same environmental resource were considered either Potentially Significant No impacts were deemed Significant These Findings do not address resource issues that were determined to have No Impact Resources for which No Impacts were determined include land Use and Planning Mineral Resources Population and Housing Public Services and Recreation
Less-than-Significant Impacts These Findings do not address impacts that are considered less than significant prior to mitigation The lessshythan-significant impacts are not addressed in these Findings Impacts were found to be less than significant for Agriculture and Forest Resources Energy Conservation Geology and Soils Hydrology and Water Quality Noise and Utilities and Service Systems
However due to the number of comments at the public meeting and subsequently in written comments during the public comment period about the use of agricultural land for the proposed solar farm the Board is adopting the following finding concerning the conclusion of the EIR and the independent conclusion of the Board that the project will not cause a significant environmental effect in the form of converting agricultural land Based upon substantial evidence and expert opinion of the independent EIR consultant the EIR concluded that the potential conversion of agricultural land to non-agricultural uses was not a significant effect caused by the Project In reaching this conclusion the EIR emphasized multiple facts policies and evidence The use is a temporary use allowed by a lease between the proponent and the land owner At the conclusion of the leasehold estate the proponent has a contractual obligation to restore the land to the condition present before the lease executed This includes dismantling and removing all equipment excavating and removing all underground wires and cables removing all posts and roads breaking up and removing all cement pads and foundations removing all septic tanks and leach fields and regarding the real property to facilitate continued farming operations (Decommissioning activities)
The County has the power to and may include a condition requiring the proponent complete the decommissioning actiVity Communications with Stanislaus County indicate that a formal agreement should be developed that will keep the subject property in some level of agricultural production (albeit grazing) during the project life and return it to a state suitable to agricultural production at the conclusion of the project
In addition CEQA Guideline Appendix G indicates that if a project causes a significant environmental effect if it converts prime or unique farmland or if it converts farmland of Statewide Importance The Board independently reviewed the analysis of the term convert found at page 32-3 of the Final EIR and independently concludes based upon this analysis that since the land will be restored to the agricultural condition prior to executing the lease that the project does not amount to a permanent or irreversible conversion of agricultural land Therefore the Board finds that the Project does not cause a significant environmental effect in the form of converting agricultural land
DOCS_N271S4S_V4_Board_Agenda_Report_ForJhe_MchenFl_Solar]arm_ProJecC7_l6_11 Rev De 1010 85
BOARD RESOLUTIO N
Furthermore Stanislaus County with significant expertise in the area of preserving and protecting agricultural land has previous addressed this issue and determined that a temporary use of farmland for a solar farm is a less than significant environmental effect under CEQA
Significant Impacts for Which Mitigation Measures are Provided The EIR also identified several impacts that are considered to be Potentially Significant The impacts in this category are Aesthetics Visual Quality and Light and Glare Air Quality Biological Resources Cultural and Paleontological Resources Greenhouse Gas Emissions Hazards and Hazardous Materials and Transportation and Traffic These impacts will be fully avoided through the adoption of feasible mitigation measures No significant unavoidable environmental impacts are expected from either construction or operation ofthe project
Each of these impacts can be reduced to lessmiddotthan-significant levels andor avoided with the implementation of mitigation measures They are considered below
Aesthetics Visual Quality and Light and Glare
Impact 41-2
Impact 41-2 The Project would create a new source of light or glare which could adversely affect daytime ornighttime views in the area (DEIR page ES-8)
Mitigation Measures
Mitigation Measure 41-2 Nighttime Construction Lighting Nighttime construction lighting if required shall be shielded and oriented downward to minimize effects on any nearby receptors Lighting shall be directed toward active construction areas only and shall have the minimum brightness necessary to ensure worker safety
Finding
The Board finds based on substantial evidence presented in the record of prolteedings that implementation of this measure will reduce the potentially significant impact on aesthetics visual quality and light and glare
Air Quality
Impact 43-1
Impact 43-1 Construction and decommissioning activities would generate emissions of criteria pollutants including suspended and inhalable particulate matter and equipment exhaust emissions (DEIR page ES-8 and ES-9)
OOCSN271545 V4BoordAge ndaReportfor _ TheMchenry Solo r Fa rmproject_7 _2611 Rev Oec 2010 86
~)1IDMOto Irlgation BOARD RESOLUTION
It e DItrld water and POwtr-
Mitigation Measure
Mitigation Measure 43-1 Implement Dust Control Measures The Applicant shall submit a Dust Control Plan to the APCO for approval prior to start of construction (and subsequently decommissioning) activities The Plan shall cover both Applicant and MID activities and shall require implementation of the following dust control measures
bull All disturbed areas including storage piles that are not being actively used for construction purposes shall be effectively stabilized of dust emissions using water chemical stabilizersuppressant covered with a tarp or other suitable cover or vegetative ground cover
bull All on-site unpaved roads and off-site unpaved access roads shall be effectively stabilized of dust emissions using water or chemical stabilizersuppressant
bull All land clearing grubbing scraping excavation land leveling grading cut and fill and demolition activities shall be effectively controlled of fugitive dust emissions using application of water or by presoaking
bull When materials are transported off-site all material shall be covered or effectively wetted to limit visible dust emissions and at least six inches of freeboard space from the top of the container shall be maintained
bull Limit or expeditiously remove trackout (Le accumulation of mud or dirt from Projectshyrelated vehicle tires) from adjacent public streets near the Project access points Trackout shall be immediately removed from public streets when it extends 50 or more feet from the Project access points otherwise trackout shall be removed at the end of each workday (The use of dry rotary brushes is expressly prohibited except where preceded or accompanied by sufficient wetting to limit the visible dust emissions)(Use of blower devices is expressly forbidden)
bull Following the addition of materials to or removal of materials from the surface of outdoor storage piles said piles shall be effectively stabilized of fugitive dust emissions using sufficient water or chemical stabilizersuppressant
bull limit traffic speed on unpaved on-site roads to 15 mph
bull Install sandbags or other erosion control measures to prevent silt runoff to public roadways from sites with a slope greater than one percent
bull Install windbreaks at windward side(s) of construction areas
bull Suspend excavation and grading activity when winds exceed 20 mph
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation of these measures will reduce the potentially significant impact on air quality
DOCS_N27154S_V4_Boardfgenda_RoportJor The_MchenVSolar Farm_Projece726_11 Rev Dec 2010 87
Modosto Irrlatlon BOARD RESOLUTION District~lt1ID
Wattrld ~owt
Impact 43-4
Impact 43-4 Construction and decommissioning emissions associated with the Project could result in emissions of ozone precursors and particulate matter that would be cumulatively considerable (OEIR page ES-9)
Mitigation Measure
Mitigation Measure 43-4 Implement Mitigation Measure 43-1
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation of this measure will reduce the potentially significant impact on air quality
Impact 43-6
Impact 43-6 The Project would generate emissions of criteria pollutants potentially exposing sensitive receptors to harmful pollutant concentrations (OEIR page ES-9)
Mitigation Measure
Mitigation Measure 43-6 Implement Mitigation Measure 43-1
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation ofthis measure will reduce the potentially significant impact on air quality
Biological Resources
Impact 44-1
Impact 44-1 Applicant Project activities could result in potential disturbance or loss of Swainsons hawk and their habitat (OEIR page ES-10)
Mitigation Measure
Mitigation Measure 44-1a Preconstruction Surveys for Swainsons Hawk If Project-related construction or decommissioning activities are planned to occur during the nesting period (March 1 to September 15) the Applicant shall engage a qualified biologist to conduct preconstruction surveys for Swainsons hawk and their nests no more than 14 days before the start of construction or decommissioning activities within 025 mile ofthe Project site where access is available Survey results shall be submitted to CDFG at least three days prior to the start of construction or decommissioning activities If active nests are not identified no further action is required and constructiondecommissioning may proceed If active nests are identified the Applicant shall consult with CDFG to develop and implement suitable avoidance measures consistent with the Staff Report Regarding Mitigation for Impacts to Swainsons
DOCS_N271545_V4_Boa rd_Agenda_Repor1_For_ The_Mchenry _Solar_Farm_Project_7 _26_11 Rev Dec 2010 88
f ID= BOARD RESOLUTION hlY1 IIArlel Walfr and POWir
Hawks in the Central Valley of California (CDFG 1994) To avoid impacting breeding efforts no construction or decommissioning activities shall occur between March land September 15 within 500 feet of an active nest that could cause nest abandonment or forced fledging These buffers may be reduced in consultation with CDFG Depending on conditions specific to each active nest and the relative location and rate of construction or decommissioning activities it may be feasible for such activities to occur as planned within the buffer without impacting the breeding effort In this case (to be determined in consultation with CDFG) the nest(s) shall be monitored by a qualified biologist during construction or decommissioning within the buffer The monitor shall have ltstop work authority If in the professional opinion of the monitor Project activities are negatively affecting the nesting behavior of the bird the monitor shall stop all such activities within the designated buffer Construction or decommissioning activities shall not resume until either the monitor has determined that the young have fledged the nest or as otherwise approved by CDFG With CDFG concurrence construction activities that are initiated outside the nesting season may continue even if raptors choose to nest within 500 feet of work activities Thus work may continue without delay if surveys verify the local absence of nesting raptors or if construction begins outside the nesting period (September 16 to February 28)
Mitigation Measure 44-1b Reduce Construction Noise Levels If it appears that noise or vibration from vibratory post driving associated with Project construction (or other similar noise-generating construction or decommissioning activity) could affect nesting Swainsons hawks that arrive after the start of construction specific measures including but not limited to use of noise dissipaters shall be implemented to reduce noise levels During post driving a noise level of no greater than 85 decibels (measured at the nest) shall be used as general guidance for nests that are established after construction
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation of this measure will reduce the potentially significant impact on biological resources
Impact 44-2
Impact 44-2 MID activities could result in potential disturbance or loss of Swainsons hawk and their habitat (DEIR page ES-10)
Mitigation Measure
Mitigation Measure 44-2 Avian-safe Transmission Line MID Transmission poles should be designed using criteria identified in Avian Power line Interaction Committee (APUC 2006)
OOCS_N271545_V4_Boad_AIlenda_Report]o_ The_Mchenrv_Sola_Farm_Poject_c26_11 Rev Dec 2010 89
Mdes Irrlgbullbulllen BOARD RESOLUTION
DItrid- ~lt1IDwater and Powtr
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation of this measure will reduce the potentially significant impact on biological resources
Impact 44-3 Impact 44-3 Project activities could impact other tree-nesting raptors andor protected nesting migratory birds (DEIR page ES-ll)
Mitigation Measure
Mitigation Measure 44-3 Preconstruction Raptor Surveys (Applicant) If Project-related construction andor decommissioning activities are to occur during the breeding period for nesting raptors andor protected nesting migratory birds (February 1 through August 31) the Applicant shall engage a qualified biologist to conduct preconstruction surveys of all potential habitat within 500 feet of the Project site no more than 14 days prior to the start of construction or decommissioning activities If active nests are not identified no further action is necessary If active nests are identified during preconstruction surveys a no-disturbance buffer shall be created around active raptor nests and nests of other special-status birds during the breeding season or until it is determined by the qualified biologist that all young have fledged Typical buffers are 500 feet for raptors and 250 feet for other nesting birds (eg waterfowl and passerine birds) The size of these buffer zones and types of construction or decommissioning activities allowed in these areas could be further modified in coordination with CDFG and shall be based on existing noise and disturbance levels in the Project area
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implernentation ofthis measure will reduce the potentially significant impact on biological resources
Impact 44-4
Impact 44-4 Project activities could result in potential disturbance or loss of burrowing owls and their habitat (DEIS page ES-ll)
Mitigation Measure
Mitigation Measure 44-4a Preconstruction Burrowing Owl Surveys (Applicant) The Applicant shall engage a qualified biologist to conduct preconstruction surveys for burrowing owls 14 to 30 days prior to the start of construction or decommissioning using the most current CDFG protocol Surveys shall cover grassland areas within a SOO-foot buffer from all Project constructiondecommissioning activities that are within suitable grasslands habitat including checking for adult and juvenile burrowing owls and owl nests If owls are detected during
DOCSN271545V4BoardAgendaReportForTheMchenrvSolarJarmProject72611 Rev Dec 2010 90
WID n BOARD RESOLUTION L bl Dltrld WIIIT Irld Ptlwtt
surveys occupied burrows shall not be disturbed Constructiondecommissioning exclusion areas (eg orange exclusion fence or signage) shall be established around the occupied burrows where no disturbance shall be allowed During the nonbreeding season (September 1 through January 31) the exclusion zone shall extend 160 feet around occupied burrows During the breeding season (February 1 through August 31) exclusion areas shall extend 250 feet around occupied burrows If the above requirements cannot be met passive relocation of onshysite owls may be implemented as an alternative but only during the nonbreeding season and only with prior CDFG approval Passive relocation shall be accomplished by installing one-way doors on the entrances of burrows located within 160 feet ofthe Project area The one-way doors shall be left in place for 48 hours to ensure the owls have left the burrow The burrows shall then be excavated with a qualified biologist present Constructiondecommissioning shall not proceed until the Project area is deemed free of owls by the qualified biologist
Mitigation Measure 44-4b Preconstruction Burrowing Owl Surveys (MID) Prior to construction MID shall conduct pre-construction surveys for burrowing owl for the subtransmissiondistribution line and fiber optic cable alignment These surveys shall be conducted using the most up-to-date CDFG published protocols (eg CDFGs 1995 Staff Report on Burrowing Owl Mitigation) If owls are detected during surveys occupied burrows shall not be disturbed
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation ofthis measure will reduce the potentially significant impact on biological resources
Cultural and Paleontological Resources
Impact 45-1
Impact 45-1 The proposed Project could potentially cause an adverse change in the significance of a unique archaeological resource pursuant to sect150645 (DEIR page ES-12)
Mitigation Measure
Mitigation Measure 45-1 If Cultural Resources are Discovered During Ground-Disturbing Activities Suspend Work until Resource is Evaluated Prior to the initiation of site preparation or start of construction (and subsequently decommissioning) the Applicant shall retain a qualified professional archaeologist to complete an archaeological resources training program for construction workers involved in grading and excavation activities Training shall include
awareness and recognition of archaeological materials and the procedures to follow if
construction crews encounter such materials in the course of earthwork excavation or grading If archaeological resources are encountered all activity within 50 feet of the find shall
cease until it can be evaluated by a qualified archaeologist Prehistoric archaeological materials
DOCS_N27154S_V4_Board_Asenda_Report_For_ The_Mchenry _Sol _fam]roject_7_26_11 Rev Dec 2010 91
Motlesto Irrlatlo~lt1ID BOARD RESOLUTIO N
II DIlrld VialfrantJ PCMl
could include obsidian and chert f1aked~stone tools (eg projectile points knives scrapers) or toolmaking debris culturally darkened soil (ilmidden) containing heat~affected rocks artifacts
or shellfish remains and stone milling equipment (eg mortars pestles handstones or milling slabs) and battered stone tools such as hammerstones and pitted stones Historic~period materials could include stone concrete or adobe footings and walls filled wells or privies and
deposits of metal glass andor ceramic refuse The archaeologist shall notify the Applicant and MID if the resource may be significant An appropriate treatment plan for the resources shall then be developed by the Applicant for approval by MID The archaeologist shall consult with Native American representatives in determining appropriate treatment for prehistoric or Native American cultural resources if discovered In considering any suggested mitigation proposed by the archaeologist the Applicant and MID shall determinewhether avoidance is feasible in light of factors such as the nature of the find project design costs and other considerations If avoidance is not feasible other appropriate measures (eg data recovery) shall be instituted Work may proceed in other parts of the Project site while mitigation for cultural resources in other areas of the site is being carried out
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation ofthis measure will reduce the potentially significant impact on unique archaeological resources
Impact 45-2
Impact 45-2 The proposed Project could potentially destroy a unique paleontological resource or site or unique geologic feature (DEIR page ES-12)
Mitigation Measure
Mitigation Measure 45-2 If Paleontological Resources are Discovered During Ground-Disturbing Activities Suspend Work until Resource is Evaluated Prior to the initiation of site preparation or start of construction (and subsequently decommissioning) the Applicant shall retain a qualified profeSSional paleontologist or a California Registered Professional Geologist (California RPG) with appropriate paleontological expertise as defined by the Society of Vertebrate Paleontologys Conformable Impact Mitigation Guidelines Committee (SVP 1995 Guidelines) to carry out a paleontological resources training program for construction workers involved in grading and excavation activities Training shall include awareness and recognition of potential fossil materials and the procedures to follow if construction crews encounter fossil materials in the course of earthwork excavation or grading If construction crews discover potential fossils all earthwork or other types of ground disturbance within 50 feet of the find shall stop immediately until the qualified professional paleontologist can assess the nature and importance of the find Based on the scientific value or uniqueness of the find the monitor may record the find and allow work to continue or recommend salvage and recovery of the fossil The Applicant shall require the paleontologist to be on-call throughout the duration of ground-disturbing activities
DOCS_N27154S_ V4_Boa rd_Agenda_Report]or_The_Mchenry _Solar ]a_ProjecC7_26_11 Rev Dec 2010 92
ID= BOARD RESOLUTION I 11 DlstrldwIltIdPowt
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation of this measure will reduce the potentially significant impact on paleontological resources
Impact 45-3
Impact 45-3 The proposed Project could potentially disturb any human remains including those interred outside of formal cemeteries (DEIR page ESmiddot13)
Mitigation Measure
Mitigation Measure 45-3 Halt Work if Human Skeletal Remains are Identified During Construction If human skeletal remains are uncovered during Project construction (and subsequently decommissioning) work shall immediately halt within 100 feet of the find The Applicant shall contact the Stanislaus County Coroner to evaluate the remains and shall follow the procedures and protocols set forth in sect150645(e(1) of the CEQA Guidelines If the County Coroner determines that the remains are Native American the Applicant shall contact the Native American Heritage Commission in accordance with Health and Safety Code Section 70505 subdivision (c) and Public Resources Code 509798 (as amended by AB 2641) The Native American Heritage Commission will designate a Most Likely Descendent of the deceased Native American who will provide recommendations as to the future disposition ofthe remains
Finding
The Board finds based on substantjal evidence presented in the record of proceedings that implementation of this measure will reduce the potentially Significant impact on human remains
Greenhouse Gas Emissions
Impact 48-2
Impact 48-2 The Project could conflict with the California Air Resources Boards Climate Change Scoping Plan (DEIR page ES-14)
Mitigation Measure
Mitigation Measure 48-2 Low SF6 Leak Rate Circuit Breaker and Monitoring The applicant shall ensure that the circuit breaker installed at the proposed new substation has a guaranteed SF6 annual leak rate of no more than 05 percent by volume The Applicant shall provide MID with documentation of compliance such as specification sheets prior to installation of the circuit breaker In addition the Applicant shall monitor the SF6middotcontaining circuit breaker at the substation consistent with Scoping Plan Measure H-6 for the detection and repair of leaks
OOCSN271545V4BoarltljgendaReportJo rTheMchenry_SolarJarm_Project72611 Rev Dec 2010 93
~MID
Mst Irrl_60 BOARD RESOLUTION
II District Weltr _rut Pampftl
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation ohhis measure will reduce the potentially significant impact on greenhouse gas emissions
Hazards and Hazardous Materials
Impact 49-2
Impact 49-2 The Project could result in an accidental spill or leak during construction or decommissioning that could release hazardous materials into the environment (DEIR page ESshy14)
Mitigation Measure
Mitigation Measure 49-2 Accidental Spill Prevention and Response Plan The Applicant shall prepare an Accidental Spill Prevention and Response Plan for construction and decommissioning activities for review and approval by Modesto Irrigation District The plan shall identify measures to prevent accidental spills from leaving the site and methods for responding to and cleaning up spills to limit the amount of materials released into the environment Such measures shall include but not be limited to ensuring that absorbent material tarps storage drums and other emergency spill supplies and equipment are kept at the Project site at all times
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation of this measure will reduce the potentially significant impact on hazardous materials
Transportation and Traffic
Impact 417-1
Impact 417-1 Project construction and decommissioning activities could intermittently and temporarily increase traffic congestion due to vehicle trips generated by construction workers and construction vehicles on area roadways (DEIR page ES-16)
Mitigation Measure
Mitigation Measure 417-1a MID Traffic Control Measures During construction and decommissioning of the sub-transmission and distribution lines and fiber optic cable MID shall implement the following traffic mitigation measures from the 2006 PEIR Update (2006 PEIR Update p 10-6)
DOCSN271545V4BoadAgendaRepoCForTheMhenrvSolaFarmProJeet72611 Rev Dolt 2010 94
cIbullbulltomiddot Irrlgatlon BOARD RESOLUTION e DistrIct~lt1ID
Wntr and POwtf
1 MID will coordinate design and construction of program facilities with the agencies with jurisdiction including Caltrans counties cities special districts other utilities and the FAA as required
2 MID will obtain any necessary encroachment permits inspections or other approvals from agencies with jurisdiction
2A MID will obtain any necessary approvals and inspections from agencies with jurisdiction
2B MID shall coordinate the design and construction and shall obtain any necessary permits from the County City or State prior to placing any facilities within the public road rights-of-way of those agencies and shall conform to applicable conditions in the encroachment permit
3 MID will utilize all necessary precautions to minimize safety concerns when working within public road rights-of-way Traffic safety cones construction signage or other measures will be used to alert drivers to construction activities
4 Electrical facilities placed within public rights-of-way will comply with applicable standards for avoiding hazards to drivers pedestrians and bicyclists
Mitigation Measure 417-1bApplicant Construction Traffic Management and Safety Plan Prior to the start of construction (and subsequently decommissioning) of the Project the Applicant shall prepare and implement a Traffic Management and Safety Plan that shall reduce or eliminate impacts associated with the Project The Plan shall adhere to Stanislaus County and Caltrans requirements and shall include at a minimum the following elements
a) Schedule Project-generated construction truck trips on SR 99 SR 108 and SR 219 outside the peak morning and evening commute hours to reduce potential traffic congestion and reduce potentia I for transit delays during the p traffic congestion and reduce potential for transit delays during the peak commute periods
b) Comply with transportation permit requirements of Caltrans and CHP when scheduling Project-generated construction truck trips carrying oversized loads In addition provide preshynotification to local police fire and emergency service providers of the timing location and duration of construction activities that could affect the movement of emergency vehicles on area roadways
c) Place signs (eg Slow Trucks andor Trucks Turning Ahead) along appropriate roads to notify drivers of construction traffic throughout the duration of the constructionperiodeak commute periods
DOCSN271545V4Boord_AgendaReportJorThe_MchenrySolaFa rmProject72611 Rev Dec 2010 95
IDn BOARD RESOLUTION~ -bl Dstrld Water lila POwtr
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation ofthis measure will reduce the potentially significant impact on traffic and transportation
Impact 417-3
Impact 417-3 Project construction and decommissioning activities could substantially increase traffic hazards due to construction in or adjacent to roads (DEIR page ES-17)
Mitigation Measure
Mitigation Measure 417-3 Implement Mitigation Measures 417-1a and 417-1b
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation of this measure will reduce the potentially significant impact on traffic and transportation
Impact 417-4
Impact 417-4 The Project could result in inadequate emergency access (DEIR page ES-17)
Mitigation Measure
Mitigation Measure 417-4 Develop an Emergency Access Plan for the Site The Applicant shall develop and implement an Emergency Access Plan which shall include evacuation routes and strategies to ensure accessibility and mobility for project area and emergency vehicles AdditionaI measures include developing an emergency action plan that identifies roles and responsibilities during emergencies and to update the plan regularly
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation of this measure will reduce the potentially significant impact on emergency access
VIII PROJECT ALTERNATIVES
The McHenry Solar Farm Project EIR is a project-specific ErR that evaluated a more than a dozen alternative locations to the proposed site three alternative sub-transmission line interconnection points for the proposed site three alternative solar technologies concentrated solar parabolic trough concentrated solar power tower and thin-film PV and two alternative approaches to the proposed generation of solar energy conservation and demand side management and distributed generation solar Table 1 lists the alternatives that were considered as well as which ones passed and the others that failed the screening analysis that was performed In addition the No Project Alternative was conSidered
DOCSN271545 V4BoardAgend bullbullReporCFor TheMchenry SolarFarmProJect72611 Rev Dec 2010
bull
96
~IDn BOARD RESOLUTION bJlTI District Waterlnd Power
The Final EIR presented the analysis for rejecting the alternative sites The Board independently evaluated this analysis and concurs in the analysis and conclusions presented The answering of the key question (See CEQA Guidelines Section 151266f)(2)A)) the Board finds that the Project does not cause any significant
environmental effect that is not reduced to less than significant with mitigation measures Never the lessl the EIR opted to address alternative sites
Various public comments offered generalized comments on alternatives sites No substantial evidence was presented regarding the feasibility of such sites or the reasonable ability of the Applicant to acquire the sitesl
and substantial evidence was not presented that these alternative sites would lessen all ofthe Projects significant effects to less than significant
DOCS_N271545_V4_Board_Ai n_ReporCFor _The_Mchenry _SolacFarm_Project_7 _26_11 Rev Dec 2010 97
COPIES OF THE DRAFT AND FINAL ENVIRONMENTALIMPACT REPORT AND ARE AVAILABLE FOR REVIEW ATTHE COUNTY PLANNING DEPARTMENT OFFICE OR VIATHE INTERNET AThttpwwwstancountycomplanningplagenda-min-2011shtm HARD COPIES OF ALL EIR DOCUMENTS REFERENCED INTHIS REPORT HAVE BEEN PROVIDED TO EACH MEMBEROF THE PLANNING COMMISSION
98
Executive Summary
McHenry Solar Project ES-8 May 2011 Draft Environmental Impact Report
TABLE ES-1 SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Aesthetics Visual Quality and Light and Glare
Impact 41-1 The Project could degrade the existing visual character or quality of the site and its surroundings
Less than Significant
None required
Impact 41-2 The Project would create a new source of light or glare which could adversely affect daytime or nighttime views in the area
Potentially Significant
Mitigation Measure 41-2 Nighttime Construction Lighting Nighttime construction lighting if required shall be shielded and oriented downward to minimize effects on any nearby receptors Lighting shall be directed toward active construction areas only and shall have the minimum brightness necessary to ensure worker safety
Less than Significant
Agriculture and Forest Resources
Impact 42-1 The Project would temporarily discontinue the current exclusive agricultural use (row crops) of Prime Farmland to a mix of agricultural use (grazing) and non-agricultural use
Less than Significant
None required
Air Quality
Impact 43-1 Construction and decommissioning activities would generate emissions of criteria pollutants including suspended and inhalable particulate matter and equipment exhaust emissions
Potentially Significant
Mitigation Measure 43-1 Implement Dust Control Measures The Applicant shall submit a Dust Control Plan to the APCO for approval prior to start of construction (and subsequently decommissioning) activities The Plan shall cover both Applicant and MID activities and shall require implementation of the following dust control measures
All disturbed areas including storage piles that are not being actively used for construction purposes shall be effectively stabilized of dust emissions using water chemical stabilizersuppressant covered with a tarp or other suitable cover or vegetative ground cover
All on-site unpaved roads and off-site unpaved access roads shall be effectively stabilized of dust emissions using water or chemical stabilizersuppressant
All land clearing grubbing scraping excavation land leveling grading cut and fill and demolition activities shall be effectively controlled of fugitive dust emissions using application of water or by presoaking
When materials are transported off-site all material shall be covered or effectively wetted to limit visible dust emissions and at least six inches of freeboard space from the top of the container shall be maintained
Limit or expeditiously remove trackout (ie accumulation of mud or dirt from Project-related vehicle tires) from adjacent public streets near the Project access points Trackout shall be immediately removed from public streets when it extends 50 or more feet from the Project access points otherwise trackout shall be removed at the end of each workday (The use of dry rotary brushes is expressly prohibited except where preceded or accompanied by sufficient wetting to limit the visible dust emissions)(Use of blower devices is expressly forbidden)
Less than Significant
99
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-9 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Air Quality (cont)
Impact 43-1 (cont) Following the addition of materials to or removal of materials from the surface of outdoor storage piles said piles shall be effectively stabilized of fugitive dust emissions using sufficient water or chemical stabilizersuppressant
Limit traffic speed on unpaved on-site roads to 15 mph
Install sandbags or other erosion control measures to prevent silt runoff to public roadways from sites with a slope greater than one percent
Install windbreaks at windward side(s) of construction areas
Suspend excavation and grading activity when winds exceed 20 mph
Impact 43-2 Operation of the Project would generate exhaust emissions of criteria pollutants from routine operations
Less than Significant
None required
Impact 43-3 The Project could result in permanently disturbed land that would serve as a source of fugitive dust emissions
Less than Significant
None required
Impact 43-4 Construction and decommissioning emissions associated with the Project could result in emissions of ozone precursors and particulate matter that would be cumulatively considerable
Potentially Significant
Mitigation Measure 43-4 Implement Mitigation Measure 43-1 Less than Significant
Impact 43-5 Operation and maintenance of the Project could generate emissions of criteria pollutants that would be cumulatively considerable
Less than Significant
None required
Impact 43-6 The Project would generate emissions of criteria pollutants potentially exposing sensitive receptors to harmful pollutant concentrations
Potentially Significant
Mitigation Measure 43-6 Implement Mitigation Measure 43-1 Less than Significant
Impact 43-7 The Project would generate emissions of Toxic Air Contaminants potentially exposing sensitive receptors to harmful pollutant concentrations
Less than Significant
None required
100
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-10 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Biological Resources
Impact 44-1 Applicant Project activities could result in potential disturbance or loss of Swainsonrsquos hawk and their habitat
Potentially Significant
Mitigation Measure 44-1a Preconstruction Surveys for Swainsonrsquos Hawk If Project-related construction or decommissioning activities are planned to occur during the nesting period (March 1 to September 15) the Applicant shall engage a qualified biologist to conduct preconstruction surveys for Swainsonrsquos hawk and their nests no more than 14 days before the start of construction or decommissioning activities within 025 mile of the Project site where access is available Survey results shall be submitted to CDFG at least three days prior to the start of construction or decommissioning activities If active nests are not identified no further action is required and constructiondecommissioning may proceed If active nests are identified the Applicant shall consult with CDFG to develop and implement suitable avoidance measures consistent with the Staff Report Regarding Mitigation for Impacts to Swainsonrsquos Hawks in the Central Valley of California (CDFG 1994) To avoid impacting breeding efforts no construction or decommissioning activities shall occur between March 1 and September 15 within 500 feet of an active nest that could cause nest abandonment or forced fledging These buffers may be reduced in consultation with CDFG
Depending on conditions specific to each active nest and the relative location and rate of construction or decommissioning activities it may be feasible for such activities to occur as planned within the buffer without impacting the breeding effort In this case (to be determined in consultation with CDFG) the nest(s) shall be monitored by a qualified biologist during construction or decommissioning within the buffer The monitor shall have ldquostop workrdquo authority If in the professional opinion of the monitor Project activities are negatively affecting the nesting behavior of the bird the monitor shall stop all such activities within the designated buffer Construction or decommissioning activities shall not resume until either the monitor has determined that the young have fledged the nest or as otherwise approved by CDFG
With CDFG concurrence construction activities that are initiated outside the nesting season may continue even if raptors choose to nest within 500 feet of work activities Thus work may continue without delay if surveys verify the local absence of nesting raptors or if construction begins outside the nesting period (September 16 to February 28)
Less than Significant
Mitigation Measure 44-1b Reduce Construction Noise Levels If it appears that noise or vibration from vibratory post driving associated with Project construction (or other similar noise-generating construction or decommissioning activity) could affect nesting Swainsonrsquos hawks that arrive after the start of construction specific measures including but not limited to use of noise dissipaters shall be implemented to reduce noise levels During post driving a noise level of no greater than 85 decibels (measured at the nest) shall be used as general guidance for nests that are established after construction
Impact 44-2 MID activities could result in potential disturbance or loss of Swainsonrsquos hawk and their habitat
Potentially Significant
Mitigation Measure 44-2 Avian-safe Transmission Line (MID) Transmission poles should be designed using criteria identified in Avian Power Line Interaction Committee (APLIC 2006)
Less than Significant
101
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-11 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Biological Resources (cont)
Impact 44-3 Project activities could impact other tree-nesting raptors andor protected nesting migratory birds
Potentially Significant
Mitigation Measure 44-3 Preconstruction Raptor Surveys (Applicant) If Project-related construction andor decommissioning activities are to occur during the breeding period for nesting raptors andor protected nesting migratory birds (February 1 through August 31) the Applicant shall engage a qualified biologist to conduct preconstruction surveys of all potential habitat within 500 feet of the Project site no more than 14 days prior to the start of construction or decommissioning activities If active nests are not identified no further action is necessary If active nests are identified during preconstruction surveys a no-disturbance buffer shall be created around active raptor nests and nests of other special-status birds during the breeding season or until it is determined by the qualified biologist that all young have fledged Typical buffers are 500 feet for raptors and 250 feet for other nesting birds (eg waterfowl and passerine birds) The size of these buffer zones and types of construction or decommissioning activities allowed in these areas could be further modified in coordination with CDFG and shall be based on existing noise and disturbance levels in the Project area
Less than Significant
Impact 44-4 Project activities could result in potential disturbance or loss of burrowing owls and their habitat
Potentially Significant
Mitigation Measure 44-4a Preconstruction Burrowing Owl Surveys (Applicant) The Applicant shall engage a qualified biologist to conduct preconstruction surveys for burrowing owls 14 to 30 days prior to the start of construction or decommissioning using the most current CDFG protocol Surveys shall cover grassland areas within a 500-foot buffer from all Project constructiondecommissioning activities that are within suitable grasslands habitat including checking for adult and juvenile burrowing owls and owl nests If owls are detected during surveys occupied burrows shall not be disturbed
Constructiondecommissioning exclusion areas (eg orange exclusion fence or signage) shall be established around the occupied burrows where no disturbance shall be allowed During the nonbreeding season (September 1 through January 31) the exclusion zone shall extend 160 feet around occupied burrows During the breeding season (February 1 through August 31) exclusion areas shall extend 250 feet around occupied burrows
If the above requirements cannot be met passive relocation of on-site owls may be implemented as an alternative but only during the nonbreeding season and only with prior CDFG approval Passive relocation shall be accomplished by installing one-way doors on the entrances of burrows located within 160 feet of the Project area The one-way doors shall be left in place for 48 hours to ensure the owls have left the burrow The burrows shall then be excavated with a qualified biologist present Constructiondecommissioning shall not proceed until the Project area is deemed free of owls by the qualified biologist
Less than Significant
Mitigation Measure 44-4b Preconstruction Burrowing Owl Surveys (MID) Prior to construction MID shall conduct pre-construction surveys for burrowing owl for the sub-transmissiondistribution line and fiber optic cable alignment These surveys shall be conducted using the most up-to-date CDFG published protocols (eg CDFGs 1995 Staff Report on Burrowing Owl Mitigation) If owls are detected during surveys occupied burrows shall not be disturbed
102
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-12 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Cultural and Paleontological Resources
Impact 45-1 The proposed Project could potentially cause an adverse change in the significance of a unique archaeological resource pursuant to sect150645
Potentially Significant
Mitigation Measure 45-1 If Cultural Resources are Discovered During Ground-Disturbing Activities Suspend Work until Resource is Evaluated Prior to the initiation of site preparation or start of construction (and subsequently decommissioning) the Applicant shall retain a qualified professional archaeologist to complete an archaeological resources training program for construction workers involved in grading and excavation activities Training shall include awareness and recognition of archaeological materials and the procedures to follow if construction crews encounter such materials in the course of earthwork excavation or grading If archaeological resources are encountered all activity within 50 feet of the find shall cease until it can be evaluated by a qualified archaeologist Prehistoric archaeological materials could include obsidian and chert flaked-stone tools (eg projectile points knives scrapers) or toolmaking debris culturally darkened soil (ldquomiddenrdquo) containing heat-affected rocks artifacts or shellfish remains and stone milling equipment (eg mortars pestles handstones or milling slabs) and battered stone tools such as hammerstones and pitted stones Historic-period materials could include stone concrete or adobe footings and walls filled wells or privies and deposits of metal glass andor ceramic refuse The archaeologist shall notify the Applicant and MID if the resource may be significant An appropriate treatment plan for the resources shall then be developed by the Applicant for approval by MID The archaeologist shall consult with Native American representatives in determining appropriate treatment for prehistoric or Native American cultural resources if discovered
In considering any suggested mitigation proposed by the archaeologist the Applicant and MID shall determine whether avoidance is feasible in light of factors such as the nature of the find project design costs and other considerations If avoidance is not feasible other appropriate measures (eg data recovery) shall be instituted Work may proceed in other parts of the Project site while mitigation for cultural resources in other areas of the site is being carried out
Less than Significant
Impact 45-2 The proposed Project could potentially destroy a unique paleontological resource or site or unique geologic feature
Potentially Significant
Mitigation Measure 45-2 If Paleontological Resources are Discovered During Ground-Disturbing Activities Suspend Work until Resource is Evaluated Prior to the initiation of site preparation or start of construction (and subsequently decommissioning) the Applicant shall retain a qualified professional paleontologist or a California Registered Professional Geologist (California RPG) with appropriate paleontological expertise as defined by the Society of Vertebrate Paleontologyrsquos Conformable Impact Mitigation Guidelines Committee (SVP 1995 Guidelines) to carry out a paleontological resources training program for construction workers involved in grading and excavation activities Training shall include awareness and recognition of potential fossil materials and the procedures to follow if construction crews encounter fossil materials in the course of earthwork excavation or grading If construction crews discover potential fossils all earthwork or other types of ground disturbance within 50 feet of the find shall stop immediately until the qualified professional paleontologist can assess the nature and importance of the find Based on the scientific value or uniqueness of the find the monitor may record the find and allow work to continue or recommend salvage and recovery of the fossil The Applicant shall require the paleontologist to be ldquoon-callrdquo throughout the duration of ground-disturbing activities
Less than Significant
103
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-13 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Cultural and Paleontological Resources (cont)
Impact 45-3 The proposed Project could potentially disturb any human remains including those interred outside of formal cemeteries
Potentially Significant
Mitigation Measure 45-3 Halt Work if Human Skeletal Remains are Identified During Construction If human skeletal remains are uncovered during Project construction (and subsequently decommissioning) work shall immediately halt within 100 feet of the find The Applicant shall contact the Stanislaus County Coroner to evaluate the remains and shall follow the procedures and protocols set forth in sect150645(e)(1) of the CEQA Guidelines If the County Coroner determines that the remains are Native American the Applicant shall contact the Native American Heritage Commission in accordance with Health and Safety Code Section 70505 subdivision (c) and Public Resources Code 509798 (as amended by AB 2641) The Native American Heritage Commission will designate a Most Likely Descendent of the deceased Native American who will provide recommendations as to the future disposition of the remains
Less than Significant
Energy Conservation
Impact 46-1 The construction operation and maintenance and decommissioning of the Project could result in consumption of energy
Less than Significant
None required
Impact 46-2 Construction operation and maintenance and decommissioning of the Project would require use of transportation energy
Less than Significant
None required
Impact 46-3 The Projectrsquos overall use of efficient transportation alternatives would be limited
Less than Significant
None required
Geology and Soils
Impact 47-1 The Project could expose people or structures to potential adverse effects including the risk of loss injury or death involving strong seismic ground shaking and earthquake-induced ground failure (such as liquefaction and lateral spreading)
Less than Significant
None required
Impact 47-2 The Project could result in soil erosion or loss of topsoil
Less than Significant
None required
Impact 47-3 The Project could be located on expansive soil as defined in Table 18-1-B of the Uniform Building Code (1994) creating risks to life or property
Less than Significant
None required
104
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-14 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Geology and Soils (cont)
Impact 47-4 The Project site could have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater
Less than Significant
None required
Greenhouse Gas Emissions
Impact 48-1 The Project would result in emissions of greenhouse gases that would contribute to global climate change
Less than Significant
None required
Impact 48-2 The Project could conflict with the California Air Resources Boardrsquos Climate Change Scoping Plan
Potentially Significant
Mitigation Measure 48-2 Low SF6 Leak Rate Circuit Breaker and Monitoring The Applicant shall ensure that the circuit breaker installed at the proposed new substation has a guaranteed SF6 annual leak rate of no more than 05 percent by volume The Applicant shall provide Modesto Irrigation District with documentation of compliance such as specification sheets prior to installation of the circuit breaker In addition the Applicant shall monitor the SF6-containing circuit breaker at the substation consistent with Scoping Plan Measure H-6 for the detection and repair of leaks
Less than Significant
Hazards and Hazardous Materials
Impact 49-1 Project construction decommissioning and operationmaintenance could create a hazard to the public or the environment through the routine transport use or disposal of hazardous materials
Less than Significant
None required
Impact 49-2 The Project could result in an accidental spill or leak during construction or decommissioning that could release hazardous materials into the environment
Potentially Significant
Mitigation Measure 49-2 Accidental Spill Prevention and Response Plan The Applicant shall prepare an Accidental Spill Prevention and Response Plan for construction and decommissioning activities for review and approval by Modesto Irrigation District The plan shall identify measures to prevent accidental spills from leaving the site and methods for responding to and cleaning up spills to limit the amount of materials released into the environment Such measures shall include but not be limited to ensuring that absorbent material tarps storage drums and other emergency spill supplies and equipment are kept at the Project site at all times
Less than Significant
Hydrology and Water Quality
Impact 410-1 The Project could potentially degrade water quality such that it could violate water quality standards or waste discharge requirements
Less than Significant
None required
105
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-15 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Hydrology and Water Quality (cont)
Impact 410-2 The Project could alter the existing drainage pattern of the site in a manner that could result in erosion or sedimentation on- or off-site or which could contribute to flooding
Less than Significant
None required
Impact 410-3 The Project could create or contribute runoff water that could exceed the capacity of existing or planned stormwater drainage systems or provide additional sources of polluted runoff
Less than Significant
None required
Impact 410-4 The Project could expose people or structures to a risk of loss injury or death involving flooding including flooding as a result of the failure of a levee or dam
Less than Significant
None required
Land Use and Planning
The Project would have no impacts in this resource area
Mineral Resources
The Project would have no impacts in this resource area
Noise
Impact 413-1 Project-related post driving would result in exposure of persons to groundborne vibration
Less than Significant
None required
Impact 413-2 Operation and maintenance of the Project would increase local ambient noise levels
Less than Significant
None required
Impact 413-3 Project construction and decommissioning activities would temporarily increase local ambient noise levels
Less than Significant
None required
Population and Housing
The Project would have no impacts in this resource area
106
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-16 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Public Services
The Project would have no impacts in this resource area
Recreation
The Project would have no impacts in this resource area
Transportation and Traffic
Impact 417-1 Project construction and decommissioning activities could intermittently and temporarily increase traffic congestion due to vehicle trips generated by construction workers and construction vehicles on area roadways
Potentially Significant
Mitigation Measure 417-1a MID Traffic Control Measures During construction and decommissioning of the sub-transmission and distribution lines and fiber optic cable MID shall implement the following traffic mitigation measures from the 2006 PEIR Update (2006 PEIR Update p 10-6)
1 MID will coordinate design and construction of program facilities with the agencies with jurisdiction including Caltrans counties cities special districts other utilities and the FAA as required
2 MID will obtain any necessary encroachment permits inspections or other approvals from agencies with jurisdiction
2A MID will obtain any necessary approvals and inspections from agencies with jurisdiction
2B MID shall coordinate the design and construction and shall obtain any necessary permits from the County City or State prior to placing any facilities within the public road rights-of-way of those agencies and shall conform to applicable conditions in the encroachment permit
3 MID will utilize all necessary precautions to minimize safety concerns when working within public road rights-of-way Traffic safety cones construction signage or other measures will be used to alert drivers to construction activities
4 Electrical facilities placed within public rights-of-way will comply with applicable standards for avoiding hazards to drivers pedestrians and bicyclists
Less than Significant
Mitigation Measure 417-1b Applicant Construction Traffic Management and Safety Plan Prior to the start of construction (and subsequently decommissioning) of the Project the Applicant shall prepare and implement a Traffic Management and Safety Plan that shall reduce or eliminate impacts associated with the Project The Plan shall adhere to Stanislaus County and Caltrans requirements and shall include at a minimum the following elements
a) Schedule Project-generated construction truck trips on SR 99 SR 108 and SR 219 outside the peak morning and evening commute hours to reduce potential traffic congestion and reduce potential for transit delays during the peak commute periods
107
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-17 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Transportation and Traffic (cont)
Impact 417-1 (cont) b) Comply with transportation permit requirements of Caltrans and CHP when scheduling Project-generated construction truck trips carrying oversized loads In addition provide pre-notification to local police fire and emergency service providers of the timing location and duration of construction activities that could affect the movement of emergency vehicles on area roadways
c) Place signs (eg ldquoSlow Trucksrdquo andor ldquoTrucks Turning Aheadrdquo) along appropriate roads to notify drivers of construction traffic throughout the duration of the construction period
Impact 417-2 The Project could conflict with established congestion management programs on affected roads or highways
Less than Significant
None required
Impact 417-3 Project construction and decommissioning activities could substantially increase traffic hazards due to construction in or adjacent to roads
Potentially Significant
Mitigation Measure 417-3 Implement Mitigation Measures 417-1a and 417-1b Less than Significant
Impact 417-4 The Project could result in inadequate emergency access
Potentially Significant
Mitigation Measure 417-4 Develop an Emergency Access Plan for the Site The Applicant shall develop and implement an Emergency Access Plan which shall include evacuation routes and strategies to ensure accessibility and mobility for project area and emergency vehicles Additional measures include developing an emergency action plan that identifies roles and responsibilities during emergencies and to update the plan regularly
Less than Significant
Utilities and Service Systems
Impact 418-1 The proposed Project would require or result in the construction of new stormwater drainage facilities the construction of which could cause significant environmental effects
Less than Significant
None required
108
109
110
REFERRED TO
YE
S
NO
WILL NOT
HAVE
SIGNIFICANT
IMPACT
MAY HAVE
SIGNIFICANT
IMPACT
NO COMMENT
NON CEQA YE
S
NO
YE
S
NO
AGRICULTURE COMMISSIONER X
AIRPORT LAND USE COMMISSION X
ALLIANCE X
BUILDING PERMITS DIVISION X X X
CALTRANS DISTRICT 10 X
CHIEF EXECUTIVE OFFICE X
CITY OF RIVERBANK X
COOPERATIVE EXTENSION X
CORPS OF ENGINEERS X
COUNTY COUNSEL X
ENVIRONMENTAL RESOURCES X X X
FIRE PROTECTION DIST STANISLAUS
CONSOLIDATED X X X
FISH amp GAME DEPT OF X
HAZARDOUS MATERIALS X
IRRIGATION DISTRICT MODESTO X X X
LAFCO X
MODESTO REGIONAL FIRE AUTHORITY FPB X
MOSQUITO DISTRICT EASTSIDE X
MT VALLEY EMERGENCY MEDICAL X
PACIFIC GAS amp ELECTRIC X
PUBLIC WORKS X X X
REGIONAL WATER QUALITY CONTROL X
SAN JOAQUIN VALLEY APCD X
SCHOOL DISTRICT 1 MODESTO X X X
SCHOOL DISTRICT 2 STANISLAUS X
SHERIFF X
StanCOG X
STANISLAUS COUNTY FARM BUREAU X
STANISLAUS ERC X
STATE CLEARINGHOUSE X
STATE LANDS COMMISSION X
SUPERVISORIAL DISTRICT 4 MONTEITH X
SURROUNDING LAND OWNERS
TELEPHONE COMPANY ATampT X
UNITED STATES MILITARY AGENCIES (SB 1462) (5 agencies) X
US FISH amp WILDLIFE X
X
X
SUMMARY OF RESPONSES FOR USE PERMIT REVIEW REFERRALS
RESPONDED RESPONSEMITIGATION
MEASURESCONDITIONS
PROJECT USE PERMIT APPLICATION NO 2011-10 - McHENRY SOLAR FARM
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
RESPONSIBLE
AGENCY REFERRAL
PUBLIC HEARING
NOTICE
X
X
X
X
X
X
X
X
X
111
BOARD RESOLUTIO N
Furthermore Stanislaus County with significant expertise in the area of preserving and protecting agricultural land has previous addressed this issue and determined that a temporary use of farmland for a solar farm is a less than significant environmental effect under CEQA
Significant Impacts for Which Mitigation Measures are Provided The EIR also identified several impacts that are considered to be Potentially Significant The impacts in this category are Aesthetics Visual Quality and Light and Glare Air Quality Biological Resources Cultural and Paleontological Resources Greenhouse Gas Emissions Hazards and Hazardous Materials and Transportation and Traffic These impacts will be fully avoided through the adoption of feasible mitigation measures No significant unavoidable environmental impacts are expected from either construction or operation ofthe project
Each of these impacts can be reduced to lessmiddotthan-significant levels andor avoided with the implementation of mitigation measures They are considered below
Aesthetics Visual Quality and Light and Glare
Impact 41-2
Impact 41-2 The Project would create a new source of light or glare which could adversely affect daytime ornighttime views in the area (DEIR page ES-8)
Mitigation Measures
Mitigation Measure 41-2 Nighttime Construction Lighting Nighttime construction lighting if required shall be shielded and oriented downward to minimize effects on any nearby receptors Lighting shall be directed toward active construction areas only and shall have the minimum brightness necessary to ensure worker safety
Finding
The Board finds based on substantial evidence presented in the record of prolteedings that implementation of this measure will reduce the potentially significant impact on aesthetics visual quality and light and glare
Air Quality
Impact 43-1
Impact 43-1 Construction and decommissioning activities would generate emissions of criteria pollutants including suspended and inhalable particulate matter and equipment exhaust emissions (DEIR page ES-8 and ES-9)
OOCSN271545 V4BoordAge ndaReportfor _ TheMchenry Solo r Fa rmproject_7 _2611 Rev Oec 2010 86
~)1IDMOto Irlgation BOARD RESOLUTION
It e DItrld water and POwtr-
Mitigation Measure
Mitigation Measure 43-1 Implement Dust Control Measures The Applicant shall submit a Dust Control Plan to the APCO for approval prior to start of construction (and subsequently decommissioning) activities The Plan shall cover both Applicant and MID activities and shall require implementation of the following dust control measures
bull All disturbed areas including storage piles that are not being actively used for construction purposes shall be effectively stabilized of dust emissions using water chemical stabilizersuppressant covered with a tarp or other suitable cover or vegetative ground cover
bull All on-site unpaved roads and off-site unpaved access roads shall be effectively stabilized of dust emissions using water or chemical stabilizersuppressant
bull All land clearing grubbing scraping excavation land leveling grading cut and fill and demolition activities shall be effectively controlled of fugitive dust emissions using application of water or by presoaking
bull When materials are transported off-site all material shall be covered or effectively wetted to limit visible dust emissions and at least six inches of freeboard space from the top of the container shall be maintained
bull Limit or expeditiously remove trackout (Le accumulation of mud or dirt from Projectshyrelated vehicle tires) from adjacent public streets near the Project access points Trackout shall be immediately removed from public streets when it extends 50 or more feet from the Project access points otherwise trackout shall be removed at the end of each workday (The use of dry rotary brushes is expressly prohibited except where preceded or accompanied by sufficient wetting to limit the visible dust emissions)(Use of blower devices is expressly forbidden)
bull Following the addition of materials to or removal of materials from the surface of outdoor storage piles said piles shall be effectively stabilized of fugitive dust emissions using sufficient water or chemical stabilizersuppressant
bull limit traffic speed on unpaved on-site roads to 15 mph
bull Install sandbags or other erosion control measures to prevent silt runoff to public roadways from sites with a slope greater than one percent
bull Install windbreaks at windward side(s) of construction areas
bull Suspend excavation and grading activity when winds exceed 20 mph
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation of these measures will reduce the potentially significant impact on air quality
DOCS_N27154S_V4_Boardfgenda_RoportJor The_MchenVSolar Farm_Projece726_11 Rev Dec 2010 87
Modosto Irrlatlon BOARD RESOLUTION District~lt1ID
Wattrld ~owt
Impact 43-4
Impact 43-4 Construction and decommissioning emissions associated with the Project could result in emissions of ozone precursors and particulate matter that would be cumulatively considerable (OEIR page ES-9)
Mitigation Measure
Mitigation Measure 43-4 Implement Mitigation Measure 43-1
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation of this measure will reduce the potentially significant impact on air quality
Impact 43-6
Impact 43-6 The Project would generate emissions of criteria pollutants potentially exposing sensitive receptors to harmful pollutant concentrations (OEIR page ES-9)
Mitigation Measure
Mitigation Measure 43-6 Implement Mitigation Measure 43-1
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation ofthis measure will reduce the potentially significant impact on air quality
Biological Resources
Impact 44-1
Impact 44-1 Applicant Project activities could result in potential disturbance or loss of Swainsons hawk and their habitat (OEIR page ES-10)
Mitigation Measure
Mitigation Measure 44-1a Preconstruction Surveys for Swainsons Hawk If Project-related construction or decommissioning activities are planned to occur during the nesting period (March 1 to September 15) the Applicant shall engage a qualified biologist to conduct preconstruction surveys for Swainsons hawk and their nests no more than 14 days before the start of construction or decommissioning activities within 025 mile ofthe Project site where access is available Survey results shall be submitted to CDFG at least three days prior to the start of construction or decommissioning activities If active nests are not identified no further action is required and constructiondecommissioning may proceed If active nests are identified the Applicant shall consult with CDFG to develop and implement suitable avoidance measures consistent with the Staff Report Regarding Mitigation for Impacts to Swainsons
DOCS_N271545_V4_Boa rd_Agenda_Repor1_For_ The_Mchenry _Solar_Farm_Project_7 _26_11 Rev Dec 2010 88
f ID= BOARD RESOLUTION hlY1 IIArlel Walfr and POWir
Hawks in the Central Valley of California (CDFG 1994) To avoid impacting breeding efforts no construction or decommissioning activities shall occur between March land September 15 within 500 feet of an active nest that could cause nest abandonment or forced fledging These buffers may be reduced in consultation with CDFG Depending on conditions specific to each active nest and the relative location and rate of construction or decommissioning activities it may be feasible for such activities to occur as planned within the buffer without impacting the breeding effort In this case (to be determined in consultation with CDFG) the nest(s) shall be monitored by a qualified biologist during construction or decommissioning within the buffer The monitor shall have ltstop work authority If in the professional opinion of the monitor Project activities are negatively affecting the nesting behavior of the bird the monitor shall stop all such activities within the designated buffer Construction or decommissioning activities shall not resume until either the monitor has determined that the young have fledged the nest or as otherwise approved by CDFG With CDFG concurrence construction activities that are initiated outside the nesting season may continue even if raptors choose to nest within 500 feet of work activities Thus work may continue without delay if surveys verify the local absence of nesting raptors or if construction begins outside the nesting period (September 16 to February 28)
Mitigation Measure 44-1b Reduce Construction Noise Levels If it appears that noise or vibration from vibratory post driving associated with Project construction (or other similar noise-generating construction or decommissioning activity) could affect nesting Swainsons hawks that arrive after the start of construction specific measures including but not limited to use of noise dissipaters shall be implemented to reduce noise levels During post driving a noise level of no greater than 85 decibels (measured at the nest) shall be used as general guidance for nests that are established after construction
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation of this measure will reduce the potentially significant impact on biological resources
Impact 44-2
Impact 44-2 MID activities could result in potential disturbance or loss of Swainsons hawk and their habitat (DEIR page ES-10)
Mitigation Measure
Mitigation Measure 44-2 Avian-safe Transmission Line MID Transmission poles should be designed using criteria identified in Avian Power line Interaction Committee (APUC 2006)
OOCS_N271545_V4_Boad_AIlenda_Report]o_ The_Mchenrv_Sola_Farm_Poject_c26_11 Rev Dec 2010 89
Mdes Irrlgbullbulllen BOARD RESOLUTION
DItrid- ~lt1IDwater and Powtr
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation of this measure will reduce the potentially significant impact on biological resources
Impact 44-3 Impact 44-3 Project activities could impact other tree-nesting raptors andor protected nesting migratory birds (DEIR page ES-ll)
Mitigation Measure
Mitigation Measure 44-3 Preconstruction Raptor Surveys (Applicant) If Project-related construction andor decommissioning activities are to occur during the breeding period for nesting raptors andor protected nesting migratory birds (February 1 through August 31) the Applicant shall engage a qualified biologist to conduct preconstruction surveys of all potential habitat within 500 feet of the Project site no more than 14 days prior to the start of construction or decommissioning activities If active nests are not identified no further action is necessary If active nests are identified during preconstruction surveys a no-disturbance buffer shall be created around active raptor nests and nests of other special-status birds during the breeding season or until it is determined by the qualified biologist that all young have fledged Typical buffers are 500 feet for raptors and 250 feet for other nesting birds (eg waterfowl and passerine birds) The size of these buffer zones and types of construction or decommissioning activities allowed in these areas could be further modified in coordination with CDFG and shall be based on existing noise and disturbance levels in the Project area
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implernentation ofthis measure will reduce the potentially significant impact on biological resources
Impact 44-4
Impact 44-4 Project activities could result in potential disturbance or loss of burrowing owls and their habitat (DEIS page ES-ll)
Mitigation Measure
Mitigation Measure 44-4a Preconstruction Burrowing Owl Surveys (Applicant) The Applicant shall engage a qualified biologist to conduct preconstruction surveys for burrowing owls 14 to 30 days prior to the start of construction or decommissioning using the most current CDFG protocol Surveys shall cover grassland areas within a SOO-foot buffer from all Project constructiondecommissioning activities that are within suitable grasslands habitat including checking for adult and juvenile burrowing owls and owl nests If owls are detected during
DOCSN271545V4BoardAgendaReportForTheMchenrvSolarJarmProject72611 Rev Dec 2010 90
WID n BOARD RESOLUTION L bl Dltrld WIIIT Irld Ptlwtt
surveys occupied burrows shall not be disturbed Constructiondecommissioning exclusion areas (eg orange exclusion fence or signage) shall be established around the occupied burrows where no disturbance shall be allowed During the nonbreeding season (September 1 through January 31) the exclusion zone shall extend 160 feet around occupied burrows During the breeding season (February 1 through August 31) exclusion areas shall extend 250 feet around occupied burrows If the above requirements cannot be met passive relocation of onshysite owls may be implemented as an alternative but only during the nonbreeding season and only with prior CDFG approval Passive relocation shall be accomplished by installing one-way doors on the entrances of burrows located within 160 feet ofthe Project area The one-way doors shall be left in place for 48 hours to ensure the owls have left the burrow The burrows shall then be excavated with a qualified biologist present Constructiondecommissioning shall not proceed until the Project area is deemed free of owls by the qualified biologist
Mitigation Measure 44-4b Preconstruction Burrowing Owl Surveys (MID) Prior to construction MID shall conduct pre-construction surveys for burrowing owl for the subtransmissiondistribution line and fiber optic cable alignment These surveys shall be conducted using the most up-to-date CDFG published protocols (eg CDFGs 1995 Staff Report on Burrowing Owl Mitigation) If owls are detected during surveys occupied burrows shall not be disturbed
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation ofthis measure will reduce the potentially significant impact on biological resources
Cultural and Paleontological Resources
Impact 45-1
Impact 45-1 The proposed Project could potentially cause an adverse change in the significance of a unique archaeological resource pursuant to sect150645 (DEIR page ES-12)
Mitigation Measure
Mitigation Measure 45-1 If Cultural Resources are Discovered During Ground-Disturbing Activities Suspend Work until Resource is Evaluated Prior to the initiation of site preparation or start of construction (and subsequently decommissioning) the Applicant shall retain a qualified professional archaeologist to complete an archaeological resources training program for construction workers involved in grading and excavation activities Training shall include
awareness and recognition of archaeological materials and the procedures to follow if
construction crews encounter such materials in the course of earthwork excavation or grading If archaeological resources are encountered all activity within 50 feet of the find shall
cease until it can be evaluated by a qualified archaeologist Prehistoric archaeological materials
DOCS_N27154S_V4_Board_Asenda_Report_For_ The_Mchenry _Sol _fam]roject_7_26_11 Rev Dec 2010 91
Motlesto Irrlatlo~lt1ID BOARD RESOLUTIO N
II DIlrld VialfrantJ PCMl
could include obsidian and chert f1aked~stone tools (eg projectile points knives scrapers) or toolmaking debris culturally darkened soil (ilmidden) containing heat~affected rocks artifacts
or shellfish remains and stone milling equipment (eg mortars pestles handstones or milling slabs) and battered stone tools such as hammerstones and pitted stones Historic~period materials could include stone concrete or adobe footings and walls filled wells or privies and
deposits of metal glass andor ceramic refuse The archaeologist shall notify the Applicant and MID if the resource may be significant An appropriate treatment plan for the resources shall then be developed by the Applicant for approval by MID The archaeologist shall consult with Native American representatives in determining appropriate treatment for prehistoric or Native American cultural resources if discovered In considering any suggested mitigation proposed by the archaeologist the Applicant and MID shall determinewhether avoidance is feasible in light of factors such as the nature of the find project design costs and other considerations If avoidance is not feasible other appropriate measures (eg data recovery) shall be instituted Work may proceed in other parts of the Project site while mitigation for cultural resources in other areas of the site is being carried out
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation ofthis measure will reduce the potentially significant impact on unique archaeological resources
Impact 45-2
Impact 45-2 The proposed Project could potentially destroy a unique paleontological resource or site or unique geologic feature (DEIR page ES-12)
Mitigation Measure
Mitigation Measure 45-2 If Paleontological Resources are Discovered During Ground-Disturbing Activities Suspend Work until Resource is Evaluated Prior to the initiation of site preparation or start of construction (and subsequently decommissioning) the Applicant shall retain a qualified profeSSional paleontologist or a California Registered Professional Geologist (California RPG) with appropriate paleontological expertise as defined by the Society of Vertebrate Paleontologys Conformable Impact Mitigation Guidelines Committee (SVP 1995 Guidelines) to carry out a paleontological resources training program for construction workers involved in grading and excavation activities Training shall include awareness and recognition of potential fossil materials and the procedures to follow if construction crews encounter fossil materials in the course of earthwork excavation or grading If construction crews discover potential fossils all earthwork or other types of ground disturbance within 50 feet of the find shall stop immediately until the qualified professional paleontologist can assess the nature and importance of the find Based on the scientific value or uniqueness of the find the monitor may record the find and allow work to continue or recommend salvage and recovery of the fossil The Applicant shall require the paleontologist to be on-call throughout the duration of ground-disturbing activities
DOCS_N27154S_ V4_Boa rd_Agenda_Report]or_The_Mchenry _Solar ]a_ProjecC7_26_11 Rev Dec 2010 92
ID= BOARD RESOLUTION I 11 DlstrldwIltIdPowt
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation of this measure will reduce the potentially significant impact on paleontological resources
Impact 45-3
Impact 45-3 The proposed Project could potentially disturb any human remains including those interred outside of formal cemeteries (DEIR page ESmiddot13)
Mitigation Measure
Mitigation Measure 45-3 Halt Work if Human Skeletal Remains are Identified During Construction If human skeletal remains are uncovered during Project construction (and subsequently decommissioning) work shall immediately halt within 100 feet of the find The Applicant shall contact the Stanislaus County Coroner to evaluate the remains and shall follow the procedures and protocols set forth in sect150645(e(1) of the CEQA Guidelines If the County Coroner determines that the remains are Native American the Applicant shall contact the Native American Heritage Commission in accordance with Health and Safety Code Section 70505 subdivision (c) and Public Resources Code 509798 (as amended by AB 2641) The Native American Heritage Commission will designate a Most Likely Descendent of the deceased Native American who will provide recommendations as to the future disposition ofthe remains
Finding
The Board finds based on substantjal evidence presented in the record of proceedings that implementation of this measure will reduce the potentially Significant impact on human remains
Greenhouse Gas Emissions
Impact 48-2
Impact 48-2 The Project could conflict with the California Air Resources Boards Climate Change Scoping Plan (DEIR page ES-14)
Mitigation Measure
Mitigation Measure 48-2 Low SF6 Leak Rate Circuit Breaker and Monitoring The applicant shall ensure that the circuit breaker installed at the proposed new substation has a guaranteed SF6 annual leak rate of no more than 05 percent by volume The Applicant shall provide MID with documentation of compliance such as specification sheets prior to installation of the circuit breaker In addition the Applicant shall monitor the SF6middotcontaining circuit breaker at the substation consistent with Scoping Plan Measure H-6 for the detection and repair of leaks
OOCSN271545V4BoarltljgendaReportJo rTheMchenry_SolarJarm_Project72611 Rev Dec 2010 93
~MID
Mst Irrl_60 BOARD RESOLUTION
II District Weltr _rut Pampftl
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation ohhis measure will reduce the potentially significant impact on greenhouse gas emissions
Hazards and Hazardous Materials
Impact 49-2
Impact 49-2 The Project could result in an accidental spill or leak during construction or decommissioning that could release hazardous materials into the environment (DEIR page ESshy14)
Mitigation Measure
Mitigation Measure 49-2 Accidental Spill Prevention and Response Plan The Applicant shall prepare an Accidental Spill Prevention and Response Plan for construction and decommissioning activities for review and approval by Modesto Irrigation District The plan shall identify measures to prevent accidental spills from leaving the site and methods for responding to and cleaning up spills to limit the amount of materials released into the environment Such measures shall include but not be limited to ensuring that absorbent material tarps storage drums and other emergency spill supplies and equipment are kept at the Project site at all times
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation of this measure will reduce the potentially significant impact on hazardous materials
Transportation and Traffic
Impact 417-1
Impact 417-1 Project construction and decommissioning activities could intermittently and temporarily increase traffic congestion due to vehicle trips generated by construction workers and construction vehicles on area roadways (DEIR page ES-16)
Mitigation Measure
Mitigation Measure 417-1a MID Traffic Control Measures During construction and decommissioning of the sub-transmission and distribution lines and fiber optic cable MID shall implement the following traffic mitigation measures from the 2006 PEIR Update (2006 PEIR Update p 10-6)
DOCSN271545V4BoadAgendaRepoCForTheMhenrvSolaFarmProJeet72611 Rev Dolt 2010 94
cIbullbulltomiddot Irrlgatlon BOARD RESOLUTION e DistrIct~lt1ID
Wntr and POwtf
1 MID will coordinate design and construction of program facilities with the agencies with jurisdiction including Caltrans counties cities special districts other utilities and the FAA as required
2 MID will obtain any necessary encroachment permits inspections or other approvals from agencies with jurisdiction
2A MID will obtain any necessary approvals and inspections from agencies with jurisdiction
2B MID shall coordinate the design and construction and shall obtain any necessary permits from the County City or State prior to placing any facilities within the public road rights-of-way of those agencies and shall conform to applicable conditions in the encroachment permit
3 MID will utilize all necessary precautions to minimize safety concerns when working within public road rights-of-way Traffic safety cones construction signage or other measures will be used to alert drivers to construction activities
4 Electrical facilities placed within public rights-of-way will comply with applicable standards for avoiding hazards to drivers pedestrians and bicyclists
Mitigation Measure 417-1bApplicant Construction Traffic Management and Safety Plan Prior to the start of construction (and subsequently decommissioning) of the Project the Applicant shall prepare and implement a Traffic Management and Safety Plan that shall reduce or eliminate impacts associated with the Project The Plan shall adhere to Stanislaus County and Caltrans requirements and shall include at a minimum the following elements
a) Schedule Project-generated construction truck trips on SR 99 SR 108 and SR 219 outside the peak morning and evening commute hours to reduce potential traffic congestion and reduce potentia I for transit delays during the p traffic congestion and reduce potential for transit delays during the peak commute periods
b) Comply with transportation permit requirements of Caltrans and CHP when scheduling Project-generated construction truck trips carrying oversized loads In addition provide preshynotification to local police fire and emergency service providers of the timing location and duration of construction activities that could affect the movement of emergency vehicles on area roadways
c) Place signs (eg Slow Trucks andor Trucks Turning Ahead) along appropriate roads to notify drivers of construction traffic throughout the duration of the constructionperiodeak commute periods
DOCSN271545V4Boord_AgendaReportJorThe_MchenrySolaFa rmProject72611 Rev Dec 2010 95
IDn BOARD RESOLUTION~ -bl Dstrld Water lila POwtr
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation ofthis measure will reduce the potentially significant impact on traffic and transportation
Impact 417-3
Impact 417-3 Project construction and decommissioning activities could substantially increase traffic hazards due to construction in or adjacent to roads (DEIR page ES-17)
Mitigation Measure
Mitigation Measure 417-3 Implement Mitigation Measures 417-1a and 417-1b
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation of this measure will reduce the potentially significant impact on traffic and transportation
Impact 417-4
Impact 417-4 The Project could result in inadequate emergency access (DEIR page ES-17)
Mitigation Measure
Mitigation Measure 417-4 Develop an Emergency Access Plan for the Site The Applicant shall develop and implement an Emergency Access Plan which shall include evacuation routes and strategies to ensure accessibility and mobility for project area and emergency vehicles AdditionaI measures include developing an emergency action plan that identifies roles and responsibilities during emergencies and to update the plan regularly
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation of this measure will reduce the potentially significant impact on emergency access
VIII PROJECT ALTERNATIVES
The McHenry Solar Farm Project EIR is a project-specific ErR that evaluated a more than a dozen alternative locations to the proposed site three alternative sub-transmission line interconnection points for the proposed site three alternative solar technologies concentrated solar parabolic trough concentrated solar power tower and thin-film PV and two alternative approaches to the proposed generation of solar energy conservation and demand side management and distributed generation solar Table 1 lists the alternatives that were considered as well as which ones passed and the others that failed the screening analysis that was performed In addition the No Project Alternative was conSidered
DOCSN271545 V4BoardAgend bullbullReporCFor TheMchenry SolarFarmProJect72611 Rev Dec 2010
bull
96
~IDn BOARD RESOLUTION bJlTI District Waterlnd Power
The Final EIR presented the analysis for rejecting the alternative sites The Board independently evaluated this analysis and concurs in the analysis and conclusions presented The answering of the key question (See CEQA Guidelines Section 151266f)(2)A)) the Board finds that the Project does not cause any significant
environmental effect that is not reduced to less than significant with mitigation measures Never the lessl the EIR opted to address alternative sites
Various public comments offered generalized comments on alternatives sites No substantial evidence was presented regarding the feasibility of such sites or the reasonable ability of the Applicant to acquire the sitesl
and substantial evidence was not presented that these alternative sites would lessen all ofthe Projects significant effects to less than significant
DOCS_N271545_V4_Board_Ai n_ReporCFor _The_Mchenry _SolacFarm_Project_7 _26_11 Rev Dec 2010 97
COPIES OF THE DRAFT AND FINAL ENVIRONMENTALIMPACT REPORT AND ARE AVAILABLE FOR REVIEW ATTHE COUNTY PLANNING DEPARTMENT OFFICE OR VIATHE INTERNET AThttpwwwstancountycomplanningplagenda-min-2011shtm HARD COPIES OF ALL EIR DOCUMENTS REFERENCED INTHIS REPORT HAVE BEEN PROVIDED TO EACH MEMBEROF THE PLANNING COMMISSION
98
Executive Summary
McHenry Solar Project ES-8 May 2011 Draft Environmental Impact Report
TABLE ES-1 SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Aesthetics Visual Quality and Light and Glare
Impact 41-1 The Project could degrade the existing visual character or quality of the site and its surroundings
Less than Significant
None required
Impact 41-2 The Project would create a new source of light or glare which could adversely affect daytime or nighttime views in the area
Potentially Significant
Mitigation Measure 41-2 Nighttime Construction Lighting Nighttime construction lighting if required shall be shielded and oriented downward to minimize effects on any nearby receptors Lighting shall be directed toward active construction areas only and shall have the minimum brightness necessary to ensure worker safety
Less than Significant
Agriculture and Forest Resources
Impact 42-1 The Project would temporarily discontinue the current exclusive agricultural use (row crops) of Prime Farmland to a mix of agricultural use (grazing) and non-agricultural use
Less than Significant
None required
Air Quality
Impact 43-1 Construction and decommissioning activities would generate emissions of criteria pollutants including suspended and inhalable particulate matter and equipment exhaust emissions
Potentially Significant
Mitigation Measure 43-1 Implement Dust Control Measures The Applicant shall submit a Dust Control Plan to the APCO for approval prior to start of construction (and subsequently decommissioning) activities The Plan shall cover both Applicant and MID activities and shall require implementation of the following dust control measures
All disturbed areas including storage piles that are not being actively used for construction purposes shall be effectively stabilized of dust emissions using water chemical stabilizersuppressant covered with a tarp or other suitable cover or vegetative ground cover
All on-site unpaved roads and off-site unpaved access roads shall be effectively stabilized of dust emissions using water or chemical stabilizersuppressant
All land clearing grubbing scraping excavation land leveling grading cut and fill and demolition activities shall be effectively controlled of fugitive dust emissions using application of water or by presoaking
When materials are transported off-site all material shall be covered or effectively wetted to limit visible dust emissions and at least six inches of freeboard space from the top of the container shall be maintained
Limit or expeditiously remove trackout (ie accumulation of mud or dirt from Project-related vehicle tires) from adjacent public streets near the Project access points Trackout shall be immediately removed from public streets when it extends 50 or more feet from the Project access points otherwise trackout shall be removed at the end of each workday (The use of dry rotary brushes is expressly prohibited except where preceded or accompanied by sufficient wetting to limit the visible dust emissions)(Use of blower devices is expressly forbidden)
Less than Significant
99
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-9 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Air Quality (cont)
Impact 43-1 (cont) Following the addition of materials to or removal of materials from the surface of outdoor storage piles said piles shall be effectively stabilized of fugitive dust emissions using sufficient water or chemical stabilizersuppressant
Limit traffic speed on unpaved on-site roads to 15 mph
Install sandbags or other erosion control measures to prevent silt runoff to public roadways from sites with a slope greater than one percent
Install windbreaks at windward side(s) of construction areas
Suspend excavation and grading activity when winds exceed 20 mph
Impact 43-2 Operation of the Project would generate exhaust emissions of criteria pollutants from routine operations
Less than Significant
None required
Impact 43-3 The Project could result in permanently disturbed land that would serve as a source of fugitive dust emissions
Less than Significant
None required
Impact 43-4 Construction and decommissioning emissions associated with the Project could result in emissions of ozone precursors and particulate matter that would be cumulatively considerable
Potentially Significant
Mitigation Measure 43-4 Implement Mitigation Measure 43-1 Less than Significant
Impact 43-5 Operation and maintenance of the Project could generate emissions of criteria pollutants that would be cumulatively considerable
Less than Significant
None required
Impact 43-6 The Project would generate emissions of criteria pollutants potentially exposing sensitive receptors to harmful pollutant concentrations
Potentially Significant
Mitigation Measure 43-6 Implement Mitigation Measure 43-1 Less than Significant
Impact 43-7 The Project would generate emissions of Toxic Air Contaminants potentially exposing sensitive receptors to harmful pollutant concentrations
Less than Significant
None required
100
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-10 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Biological Resources
Impact 44-1 Applicant Project activities could result in potential disturbance or loss of Swainsonrsquos hawk and their habitat
Potentially Significant
Mitigation Measure 44-1a Preconstruction Surveys for Swainsonrsquos Hawk If Project-related construction or decommissioning activities are planned to occur during the nesting period (March 1 to September 15) the Applicant shall engage a qualified biologist to conduct preconstruction surveys for Swainsonrsquos hawk and their nests no more than 14 days before the start of construction or decommissioning activities within 025 mile of the Project site where access is available Survey results shall be submitted to CDFG at least three days prior to the start of construction or decommissioning activities If active nests are not identified no further action is required and constructiondecommissioning may proceed If active nests are identified the Applicant shall consult with CDFG to develop and implement suitable avoidance measures consistent with the Staff Report Regarding Mitigation for Impacts to Swainsonrsquos Hawks in the Central Valley of California (CDFG 1994) To avoid impacting breeding efforts no construction or decommissioning activities shall occur between March 1 and September 15 within 500 feet of an active nest that could cause nest abandonment or forced fledging These buffers may be reduced in consultation with CDFG
Depending on conditions specific to each active nest and the relative location and rate of construction or decommissioning activities it may be feasible for such activities to occur as planned within the buffer without impacting the breeding effort In this case (to be determined in consultation with CDFG) the nest(s) shall be monitored by a qualified biologist during construction or decommissioning within the buffer The monitor shall have ldquostop workrdquo authority If in the professional opinion of the monitor Project activities are negatively affecting the nesting behavior of the bird the monitor shall stop all such activities within the designated buffer Construction or decommissioning activities shall not resume until either the monitor has determined that the young have fledged the nest or as otherwise approved by CDFG
With CDFG concurrence construction activities that are initiated outside the nesting season may continue even if raptors choose to nest within 500 feet of work activities Thus work may continue without delay if surveys verify the local absence of nesting raptors or if construction begins outside the nesting period (September 16 to February 28)
Less than Significant
Mitigation Measure 44-1b Reduce Construction Noise Levels If it appears that noise or vibration from vibratory post driving associated with Project construction (or other similar noise-generating construction or decommissioning activity) could affect nesting Swainsonrsquos hawks that arrive after the start of construction specific measures including but not limited to use of noise dissipaters shall be implemented to reduce noise levels During post driving a noise level of no greater than 85 decibels (measured at the nest) shall be used as general guidance for nests that are established after construction
Impact 44-2 MID activities could result in potential disturbance or loss of Swainsonrsquos hawk and their habitat
Potentially Significant
Mitigation Measure 44-2 Avian-safe Transmission Line (MID) Transmission poles should be designed using criteria identified in Avian Power Line Interaction Committee (APLIC 2006)
Less than Significant
101
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-11 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Biological Resources (cont)
Impact 44-3 Project activities could impact other tree-nesting raptors andor protected nesting migratory birds
Potentially Significant
Mitigation Measure 44-3 Preconstruction Raptor Surveys (Applicant) If Project-related construction andor decommissioning activities are to occur during the breeding period for nesting raptors andor protected nesting migratory birds (February 1 through August 31) the Applicant shall engage a qualified biologist to conduct preconstruction surveys of all potential habitat within 500 feet of the Project site no more than 14 days prior to the start of construction or decommissioning activities If active nests are not identified no further action is necessary If active nests are identified during preconstruction surveys a no-disturbance buffer shall be created around active raptor nests and nests of other special-status birds during the breeding season or until it is determined by the qualified biologist that all young have fledged Typical buffers are 500 feet for raptors and 250 feet for other nesting birds (eg waterfowl and passerine birds) The size of these buffer zones and types of construction or decommissioning activities allowed in these areas could be further modified in coordination with CDFG and shall be based on existing noise and disturbance levels in the Project area
Less than Significant
Impact 44-4 Project activities could result in potential disturbance or loss of burrowing owls and their habitat
Potentially Significant
Mitigation Measure 44-4a Preconstruction Burrowing Owl Surveys (Applicant) The Applicant shall engage a qualified biologist to conduct preconstruction surveys for burrowing owls 14 to 30 days prior to the start of construction or decommissioning using the most current CDFG protocol Surveys shall cover grassland areas within a 500-foot buffer from all Project constructiondecommissioning activities that are within suitable grasslands habitat including checking for adult and juvenile burrowing owls and owl nests If owls are detected during surveys occupied burrows shall not be disturbed
Constructiondecommissioning exclusion areas (eg orange exclusion fence or signage) shall be established around the occupied burrows where no disturbance shall be allowed During the nonbreeding season (September 1 through January 31) the exclusion zone shall extend 160 feet around occupied burrows During the breeding season (February 1 through August 31) exclusion areas shall extend 250 feet around occupied burrows
If the above requirements cannot be met passive relocation of on-site owls may be implemented as an alternative but only during the nonbreeding season and only with prior CDFG approval Passive relocation shall be accomplished by installing one-way doors on the entrances of burrows located within 160 feet of the Project area The one-way doors shall be left in place for 48 hours to ensure the owls have left the burrow The burrows shall then be excavated with a qualified biologist present Constructiondecommissioning shall not proceed until the Project area is deemed free of owls by the qualified biologist
Less than Significant
Mitigation Measure 44-4b Preconstruction Burrowing Owl Surveys (MID) Prior to construction MID shall conduct pre-construction surveys for burrowing owl for the sub-transmissiondistribution line and fiber optic cable alignment These surveys shall be conducted using the most up-to-date CDFG published protocols (eg CDFGs 1995 Staff Report on Burrowing Owl Mitigation) If owls are detected during surveys occupied burrows shall not be disturbed
102
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-12 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Cultural and Paleontological Resources
Impact 45-1 The proposed Project could potentially cause an adverse change in the significance of a unique archaeological resource pursuant to sect150645
Potentially Significant
Mitigation Measure 45-1 If Cultural Resources are Discovered During Ground-Disturbing Activities Suspend Work until Resource is Evaluated Prior to the initiation of site preparation or start of construction (and subsequently decommissioning) the Applicant shall retain a qualified professional archaeologist to complete an archaeological resources training program for construction workers involved in grading and excavation activities Training shall include awareness and recognition of archaeological materials and the procedures to follow if construction crews encounter such materials in the course of earthwork excavation or grading If archaeological resources are encountered all activity within 50 feet of the find shall cease until it can be evaluated by a qualified archaeologist Prehistoric archaeological materials could include obsidian and chert flaked-stone tools (eg projectile points knives scrapers) or toolmaking debris culturally darkened soil (ldquomiddenrdquo) containing heat-affected rocks artifacts or shellfish remains and stone milling equipment (eg mortars pestles handstones or milling slabs) and battered stone tools such as hammerstones and pitted stones Historic-period materials could include stone concrete or adobe footings and walls filled wells or privies and deposits of metal glass andor ceramic refuse The archaeologist shall notify the Applicant and MID if the resource may be significant An appropriate treatment plan for the resources shall then be developed by the Applicant for approval by MID The archaeologist shall consult with Native American representatives in determining appropriate treatment for prehistoric or Native American cultural resources if discovered
In considering any suggested mitigation proposed by the archaeologist the Applicant and MID shall determine whether avoidance is feasible in light of factors such as the nature of the find project design costs and other considerations If avoidance is not feasible other appropriate measures (eg data recovery) shall be instituted Work may proceed in other parts of the Project site while mitigation for cultural resources in other areas of the site is being carried out
Less than Significant
Impact 45-2 The proposed Project could potentially destroy a unique paleontological resource or site or unique geologic feature
Potentially Significant
Mitigation Measure 45-2 If Paleontological Resources are Discovered During Ground-Disturbing Activities Suspend Work until Resource is Evaluated Prior to the initiation of site preparation or start of construction (and subsequently decommissioning) the Applicant shall retain a qualified professional paleontologist or a California Registered Professional Geologist (California RPG) with appropriate paleontological expertise as defined by the Society of Vertebrate Paleontologyrsquos Conformable Impact Mitigation Guidelines Committee (SVP 1995 Guidelines) to carry out a paleontological resources training program for construction workers involved in grading and excavation activities Training shall include awareness and recognition of potential fossil materials and the procedures to follow if construction crews encounter fossil materials in the course of earthwork excavation or grading If construction crews discover potential fossils all earthwork or other types of ground disturbance within 50 feet of the find shall stop immediately until the qualified professional paleontologist can assess the nature and importance of the find Based on the scientific value or uniqueness of the find the monitor may record the find and allow work to continue or recommend salvage and recovery of the fossil The Applicant shall require the paleontologist to be ldquoon-callrdquo throughout the duration of ground-disturbing activities
Less than Significant
103
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-13 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Cultural and Paleontological Resources (cont)
Impact 45-3 The proposed Project could potentially disturb any human remains including those interred outside of formal cemeteries
Potentially Significant
Mitigation Measure 45-3 Halt Work if Human Skeletal Remains are Identified During Construction If human skeletal remains are uncovered during Project construction (and subsequently decommissioning) work shall immediately halt within 100 feet of the find The Applicant shall contact the Stanislaus County Coroner to evaluate the remains and shall follow the procedures and protocols set forth in sect150645(e)(1) of the CEQA Guidelines If the County Coroner determines that the remains are Native American the Applicant shall contact the Native American Heritage Commission in accordance with Health and Safety Code Section 70505 subdivision (c) and Public Resources Code 509798 (as amended by AB 2641) The Native American Heritage Commission will designate a Most Likely Descendent of the deceased Native American who will provide recommendations as to the future disposition of the remains
Less than Significant
Energy Conservation
Impact 46-1 The construction operation and maintenance and decommissioning of the Project could result in consumption of energy
Less than Significant
None required
Impact 46-2 Construction operation and maintenance and decommissioning of the Project would require use of transportation energy
Less than Significant
None required
Impact 46-3 The Projectrsquos overall use of efficient transportation alternatives would be limited
Less than Significant
None required
Geology and Soils
Impact 47-1 The Project could expose people or structures to potential adverse effects including the risk of loss injury or death involving strong seismic ground shaking and earthquake-induced ground failure (such as liquefaction and lateral spreading)
Less than Significant
None required
Impact 47-2 The Project could result in soil erosion or loss of topsoil
Less than Significant
None required
Impact 47-3 The Project could be located on expansive soil as defined in Table 18-1-B of the Uniform Building Code (1994) creating risks to life or property
Less than Significant
None required
104
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-14 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Geology and Soils (cont)
Impact 47-4 The Project site could have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater
Less than Significant
None required
Greenhouse Gas Emissions
Impact 48-1 The Project would result in emissions of greenhouse gases that would contribute to global climate change
Less than Significant
None required
Impact 48-2 The Project could conflict with the California Air Resources Boardrsquos Climate Change Scoping Plan
Potentially Significant
Mitigation Measure 48-2 Low SF6 Leak Rate Circuit Breaker and Monitoring The Applicant shall ensure that the circuit breaker installed at the proposed new substation has a guaranteed SF6 annual leak rate of no more than 05 percent by volume The Applicant shall provide Modesto Irrigation District with documentation of compliance such as specification sheets prior to installation of the circuit breaker In addition the Applicant shall monitor the SF6-containing circuit breaker at the substation consistent with Scoping Plan Measure H-6 for the detection and repair of leaks
Less than Significant
Hazards and Hazardous Materials
Impact 49-1 Project construction decommissioning and operationmaintenance could create a hazard to the public or the environment through the routine transport use or disposal of hazardous materials
Less than Significant
None required
Impact 49-2 The Project could result in an accidental spill or leak during construction or decommissioning that could release hazardous materials into the environment
Potentially Significant
Mitigation Measure 49-2 Accidental Spill Prevention and Response Plan The Applicant shall prepare an Accidental Spill Prevention and Response Plan for construction and decommissioning activities for review and approval by Modesto Irrigation District The plan shall identify measures to prevent accidental spills from leaving the site and methods for responding to and cleaning up spills to limit the amount of materials released into the environment Such measures shall include but not be limited to ensuring that absorbent material tarps storage drums and other emergency spill supplies and equipment are kept at the Project site at all times
Less than Significant
Hydrology and Water Quality
Impact 410-1 The Project could potentially degrade water quality such that it could violate water quality standards or waste discharge requirements
Less than Significant
None required
105
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-15 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Hydrology and Water Quality (cont)
Impact 410-2 The Project could alter the existing drainage pattern of the site in a manner that could result in erosion or sedimentation on- or off-site or which could contribute to flooding
Less than Significant
None required
Impact 410-3 The Project could create or contribute runoff water that could exceed the capacity of existing or planned stormwater drainage systems or provide additional sources of polluted runoff
Less than Significant
None required
Impact 410-4 The Project could expose people or structures to a risk of loss injury or death involving flooding including flooding as a result of the failure of a levee or dam
Less than Significant
None required
Land Use and Planning
The Project would have no impacts in this resource area
Mineral Resources
The Project would have no impacts in this resource area
Noise
Impact 413-1 Project-related post driving would result in exposure of persons to groundborne vibration
Less than Significant
None required
Impact 413-2 Operation and maintenance of the Project would increase local ambient noise levels
Less than Significant
None required
Impact 413-3 Project construction and decommissioning activities would temporarily increase local ambient noise levels
Less than Significant
None required
Population and Housing
The Project would have no impacts in this resource area
106
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-16 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Public Services
The Project would have no impacts in this resource area
Recreation
The Project would have no impacts in this resource area
Transportation and Traffic
Impact 417-1 Project construction and decommissioning activities could intermittently and temporarily increase traffic congestion due to vehicle trips generated by construction workers and construction vehicles on area roadways
Potentially Significant
Mitigation Measure 417-1a MID Traffic Control Measures During construction and decommissioning of the sub-transmission and distribution lines and fiber optic cable MID shall implement the following traffic mitigation measures from the 2006 PEIR Update (2006 PEIR Update p 10-6)
1 MID will coordinate design and construction of program facilities with the agencies with jurisdiction including Caltrans counties cities special districts other utilities and the FAA as required
2 MID will obtain any necessary encroachment permits inspections or other approvals from agencies with jurisdiction
2A MID will obtain any necessary approvals and inspections from agencies with jurisdiction
2B MID shall coordinate the design and construction and shall obtain any necessary permits from the County City or State prior to placing any facilities within the public road rights-of-way of those agencies and shall conform to applicable conditions in the encroachment permit
3 MID will utilize all necessary precautions to minimize safety concerns when working within public road rights-of-way Traffic safety cones construction signage or other measures will be used to alert drivers to construction activities
4 Electrical facilities placed within public rights-of-way will comply with applicable standards for avoiding hazards to drivers pedestrians and bicyclists
Less than Significant
Mitigation Measure 417-1b Applicant Construction Traffic Management and Safety Plan Prior to the start of construction (and subsequently decommissioning) of the Project the Applicant shall prepare and implement a Traffic Management and Safety Plan that shall reduce or eliminate impacts associated with the Project The Plan shall adhere to Stanislaus County and Caltrans requirements and shall include at a minimum the following elements
a) Schedule Project-generated construction truck trips on SR 99 SR 108 and SR 219 outside the peak morning and evening commute hours to reduce potential traffic congestion and reduce potential for transit delays during the peak commute periods
107
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-17 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Transportation and Traffic (cont)
Impact 417-1 (cont) b) Comply with transportation permit requirements of Caltrans and CHP when scheduling Project-generated construction truck trips carrying oversized loads In addition provide pre-notification to local police fire and emergency service providers of the timing location and duration of construction activities that could affect the movement of emergency vehicles on area roadways
c) Place signs (eg ldquoSlow Trucksrdquo andor ldquoTrucks Turning Aheadrdquo) along appropriate roads to notify drivers of construction traffic throughout the duration of the construction period
Impact 417-2 The Project could conflict with established congestion management programs on affected roads or highways
Less than Significant
None required
Impact 417-3 Project construction and decommissioning activities could substantially increase traffic hazards due to construction in or adjacent to roads
Potentially Significant
Mitigation Measure 417-3 Implement Mitigation Measures 417-1a and 417-1b Less than Significant
Impact 417-4 The Project could result in inadequate emergency access
Potentially Significant
Mitigation Measure 417-4 Develop an Emergency Access Plan for the Site The Applicant shall develop and implement an Emergency Access Plan which shall include evacuation routes and strategies to ensure accessibility and mobility for project area and emergency vehicles Additional measures include developing an emergency action plan that identifies roles and responsibilities during emergencies and to update the plan regularly
Less than Significant
Utilities and Service Systems
Impact 418-1 The proposed Project would require or result in the construction of new stormwater drainage facilities the construction of which could cause significant environmental effects
Less than Significant
None required
108
109
110
REFERRED TO
YE
S
NO
WILL NOT
HAVE
SIGNIFICANT
IMPACT
MAY HAVE
SIGNIFICANT
IMPACT
NO COMMENT
NON CEQA YE
S
NO
YE
S
NO
AGRICULTURE COMMISSIONER X
AIRPORT LAND USE COMMISSION X
ALLIANCE X
BUILDING PERMITS DIVISION X X X
CALTRANS DISTRICT 10 X
CHIEF EXECUTIVE OFFICE X
CITY OF RIVERBANK X
COOPERATIVE EXTENSION X
CORPS OF ENGINEERS X
COUNTY COUNSEL X
ENVIRONMENTAL RESOURCES X X X
FIRE PROTECTION DIST STANISLAUS
CONSOLIDATED X X X
FISH amp GAME DEPT OF X
HAZARDOUS MATERIALS X
IRRIGATION DISTRICT MODESTO X X X
LAFCO X
MODESTO REGIONAL FIRE AUTHORITY FPB X
MOSQUITO DISTRICT EASTSIDE X
MT VALLEY EMERGENCY MEDICAL X
PACIFIC GAS amp ELECTRIC X
PUBLIC WORKS X X X
REGIONAL WATER QUALITY CONTROL X
SAN JOAQUIN VALLEY APCD X
SCHOOL DISTRICT 1 MODESTO X X X
SCHOOL DISTRICT 2 STANISLAUS X
SHERIFF X
StanCOG X
STANISLAUS COUNTY FARM BUREAU X
STANISLAUS ERC X
STATE CLEARINGHOUSE X
STATE LANDS COMMISSION X
SUPERVISORIAL DISTRICT 4 MONTEITH X
SURROUNDING LAND OWNERS
TELEPHONE COMPANY ATampT X
UNITED STATES MILITARY AGENCIES (SB 1462) (5 agencies) X
US FISH amp WILDLIFE X
X
X
SUMMARY OF RESPONSES FOR USE PERMIT REVIEW REFERRALS
RESPONDED RESPONSEMITIGATION
MEASURESCONDITIONS
PROJECT USE PERMIT APPLICATION NO 2011-10 - McHENRY SOLAR FARM
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
RESPONSIBLE
AGENCY REFERRAL
PUBLIC HEARING
NOTICE
X
X
X
X
X
X
X
X
X
111
~)1IDMOto Irlgation BOARD RESOLUTION
It e DItrld water and POwtr-
Mitigation Measure
Mitigation Measure 43-1 Implement Dust Control Measures The Applicant shall submit a Dust Control Plan to the APCO for approval prior to start of construction (and subsequently decommissioning) activities The Plan shall cover both Applicant and MID activities and shall require implementation of the following dust control measures
bull All disturbed areas including storage piles that are not being actively used for construction purposes shall be effectively stabilized of dust emissions using water chemical stabilizersuppressant covered with a tarp or other suitable cover or vegetative ground cover
bull All on-site unpaved roads and off-site unpaved access roads shall be effectively stabilized of dust emissions using water or chemical stabilizersuppressant
bull All land clearing grubbing scraping excavation land leveling grading cut and fill and demolition activities shall be effectively controlled of fugitive dust emissions using application of water or by presoaking
bull When materials are transported off-site all material shall be covered or effectively wetted to limit visible dust emissions and at least six inches of freeboard space from the top of the container shall be maintained
bull Limit or expeditiously remove trackout (Le accumulation of mud or dirt from Projectshyrelated vehicle tires) from adjacent public streets near the Project access points Trackout shall be immediately removed from public streets when it extends 50 or more feet from the Project access points otherwise trackout shall be removed at the end of each workday (The use of dry rotary brushes is expressly prohibited except where preceded or accompanied by sufficient wetting to limit the visible dust emissions)(Use of blower devices is expressly forbidden)
bull Following the addition of materials to or removal of materials from the surface of outdoor storage piles said piles shall be effectively stabilized of fugitive dust emissions using sufficient water or chemical stabilizersuppressant
bull limit traffic speed on unpaved on-site roads to 15 mph
bull Install sandbags or other erosion control measures to prevent silt runoff to public roadways from sites with a slope greater than one percent
bull Install windbreaks at windward side(s) of construction areas
bull Suspend excavation and grading activity when winds exceed 20 mph
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation of these measures will reduce the potentially significant impact on air quality
DOCS_N27154S_V4_Boardfgenda_RoportJor The_MchenVSolar Farm_Projece726_11 Rev Dec 2010 87
Modosto Irrlatlon BOARD RESOLUTION District~lt1ID
Wattrld ~owt
Impact 43-4
Impact 43-4 Construction and decommissioning emissions associated with the Project could result in emissions of ozone precursors and particulate matter that would be cumulatively considerable (OEIR page ES-9)
Mitigation Measure
Mitigation Measure 43-4 Implement Mitigation Measure 43-1
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation of this measure will reduce the potentially significant impact on air quality
Impact 43-6
Impact 43-6 The Project would generate emissions of criteria pollutants potentially exposing sensitive receptors to harmful pollutant concentrations (OEIR page ES-9)
Mitigation Measure
Mitigation Measure 43-6 Implement Mitigation Measure 43-1
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation ofthis measure will reduce the potentially significant impact on air quality
Biological Resources
Impact 44-1
Impact 44-1 Applicant Project activities could result in potential disturbance or loss of Swainsons hawk and their habitat (OEIR page ES-10)
Mitigation Measure
Mitigation Measure 44-1a Preconstruction Surveys for Swainsons Hawk If Project-related construction or decommissioning activities are planned to occur during the nesting period (March 1 to September 15) the Applicant shall engage a qualified biologist to conduct preconstruction surveys for Swainsons hawk and their nests no more than 14 days before the start of construction or decommissioning activities within 025 mile ofthe Project site where access is available Survey results shall be submitted to CDFG at least three days prior to the start of construction or decommissioning activities If active nests are not identified no further action is required and constructiondecommissioning may proceed If active nests are identified the Applicant shall consult with CDFG to develop and implement suitable avoidance measures consistent with the Staff Report Regarding Mitigation for Impacts to Swainsons
DOCS_N271545_V4_Boa rd_Agenda_Repor1_For_ The_Mchenry _Solar_Farm_Project_7 _26_11 Rev Dec 2010 88
f ID= BOARD RESOLUTION hlY1 IIArlel Walfr and POWir
Hawks in the Central Valley of California (CDFG 1994) To avoid impacting breeding efforts no construction or decommissioning activities shall occur between March land September 15 within 500 feet of an active nest that could cause nest abandonment or forced fledging These buffers may be reduced in consultation with CDFG Depending on conditions specific to each active nest and the relative location and rate of construction or decommissioning activities it may be feasible for such activities to occur as planned within the buffer without impacting the breeding effort In this case (to be determined in consultation with CDFG) the nest(s) shall be monitored by a qualified biologist during construction or decommissioning within the buffer The monitor shall have ltstop work authority If in the professional opinion of the monitor Project activities are negatively affecting the nesting behavior of the bird the monitor shall stop all such activities within the designated buffer Construction or decommissioning activities shall not resume until either the monitor has determined that the young have fledged the nest or as otherwise approved by CDFG With CDFG concurrence construction activities that are initiated outside the nesting season may continue even if raptors choose to nest within 500 feet of work activities Thus work may continue without delay if surveys verify the local absence of nesting raptors or if construction begins outside the nesting period (September 16 to February 28)
Mitigation Measure 44-1b Reduce Construction Noise Levels If it appears that noise or vibration from vibratory post driving associated with Project construction (or other similar noise-generating construction or decommissioning activity) could affect nesting Swainsons hawks that arrive after the start of construction specific measures including but not limited to use of noise dissipaters shall be implemented to reduce noise levels During post driving a noise level of no greater than 85 decibels (measured at the nest) shall be used as general guidance for nests that are established after construction
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation of this measure will reduce the potentially significant impact on biological resources
Impact 44-2
Impact 44-2 MID activities could result in potential disturbance or loss of Swainsons hawk and their habitat (DEIR page ES-10)
Mitigation Measure
Mitigation Measure 44-2 Avian-safe Transmission Line MID Transmission poles should be designed using criteria identified in Avian Power line Interaction Committee (APUC 2006)
OOCS_N271545_V4_Boad_AIlenda_Report]o_ The_Mchenrv_Sola_Farm_Poject_c26_11 Rev Dec 2010 89
Mdes Irrlgbullbulllen BOARD RESOLUTION
DItrid- ~lt1IDwater and Powtr
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation of this measure will reduce the potentially significant impact on biological resources
Impact 44-3 Impact 44-3 Project activities could impact other tree-nesting raptors andor protected nesting migratory birds (DEIR page ES-ll)
Mitigation Measure
Mitigation Measure 44-3 Preconstruction Raptor Surveys (Applicant) If Project-related construction andor decommissioning activities are to occur during the breeding period for nesting raptors andor protected nesting migratory birds (February 1 through August 31) the Applicant shall engage a qualified biologist to conduct preconstruction surveys of all potential habitat within 500 feet of the Project site no more than 14 days prior to the start of construction or decommissioning activities If active nests are not identified no further action is necessary If active nests are identified during preconstruction surveys a no-disturbance buffer shall be created around active raptor nests and nests of other special-status birds during the breeding season or until it is determined by the qualified biologist that all young have fledged Typical buffers are 500 feet for raptors and 250 feet for other nesting birds (eg waterfowl and passerine birds) The size of these buffer zones and types of construction or decommissioning activities allowed in these areas could be further modified in coordination with CDFG and shall be based on existing noise and disturbance levels in the Project area
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implernentation ofthis measure will reduce the potentially significant impact on biological resources
Impact 44-4
Impact 44-4 Project activities could result in potential disturbance or loss of burrowing owls and their habitat (DEIS page ES-ll)
Mitigation Measure
Mitigation Measure 44-4a Preconstruction Burrowing Owl Surveys (Applicant) The Applicant shall engage a qualified biologist to conduct preconstruction surveys for burrowing owls 14 to 30 days prior to the start of construction or decommissioning using the most current CDFG protocol Surveys shall cover grassland areas within a SOO-foot buffer from all Project constructiondecommissioning activities that are within suitable grasslands habitat including checking for adult and juvenile burrowing owls and owl nests If owls are detected during
DOCSN271545V4BoardAgendaReportForTheMchenrvSolarJarmProject72611 Rev Dec 2010 90
WID n BOARD RESOLUTION L bl Dltrld WIIIT Irld Ptlwtt
surveys occupied burrows shall not be disturbed Constructiondecommissioning exclusion areas (eg orange exclusion fence or signage) shall be established around the occupied burrows where no disturbance shall be allowed During the nonbreeding season (September 1 through January 31) the exclusion zone shall extend 160 feet around occupied burrows During the breeding season (February 1 through August 31) exclusion areas shall extend 250 feet around occupied burrows If the above requirements cannot be met passive relocation of onshysite owls may be implemented as an alternative but only during the nonbreeding season and only with prior CDFG approval Passive relocation shall be accomplished by installing one-way doors on the entrances of burrows located within 160 feet ofthe Project area The one-way doors shall be left in place for 48 hours to ensure the owls have left the burrow The burrows shall then be excavated with a qualified biologist present Constructiondecommissioning shall not proceed until the Project area is deemed free of owls by the qualified biologist
Mitigation Measure 44-4b Preconstruction Burrowing Owl Surveys (MID) Prior to construction MID shall conduct pre-construction surveys for burrowing owl for the subtransmissiondistribution line and fiber optic cable alignment These surveys shall be conducted using the most up-to-date CDFG published protocols (eg CDFGs 1995 Staff Report on Burrowing Owl Mitigation) If owls are detected during surveys occupied burrows shall not be disturbed
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation ofthis measure will reduce the potentially significant impact on biological resources
Cultural and Paleontological Resources
Impact 45-1
Impact 45-1 The proposed Project could potentially cause an adverse change in the significance of a unique archaeological resource pursuant to sect150645 (DEIR page ES-12)
Mitigation Measure
Mitigation Measure 45-1 If Cultural Resources are Discovered During Ground-Disturbing Activities Suspend Work until Resource is Evaluated Prior to the initiation of site preparation or start of construction (and subsequently decommissioning) the Applicant shall retain a qualified professional archaeologist to complete an archaeological resources training program for construction workers involved in grading and excavation activities Training shall include
awareness and recognition of archaeological materials and the procedures to follow if
construction crews encounter such materials in the course of earthwork excavation or grading If archaeological resources are encountered all activity within 50 feet of the find shall
cease until it can be evaluated by a qualified archaeologist Prehistoric archaeological materials
DOCS_N27154S_V4_Board_Asenda_Report_For_ The_Mchenry _Sol _fam]roject_7_26_11 Rev Dec 2010 91
Motlesto Irrlatlo~lt1ID BOARD RESOLUTIO N
II DIlrld VialfrantJ PCMl
could include obsidian and chert f1aked~stone tools (eg projectile points knives scrapers) or toolmaking debris culturally darkened soil (ilmidden) containing heat~affected rocks artifacts
or shellfish remains and stone milling equipment (eg mortars pestles handstones or milling slabs) and battered stone tools such as hammerstones and pitted stones Historic~period materials could include stone concrete or adobe footings and walls filled wells or privies and
deposits of metal glass andor ceramic refuse The archaeologist shall notify the Applicant and MID if the resource may be significant An appropriate treatment plan for the resources shall then be developed by the Applicant for approval by MID The archaeologist shall consult with Native American representatives in determining appropriate treatment for prehistoric or Native American cultural resources if discovered In considering any suggested mitigation proposed by the archaeologist the Applicant and MID shall determinewhether avoidance is feasible in light of factors such as the nature of the find project design costs and other considerations If avoidance is not feasible other appropriate measures (eg data recovery) shall be instituted Work may proceed in other parts of the Project site while mitigation for cultural resources in other areas of the site is being carried out
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation ofthis measure will reduce the potentially significant impact on unique archaeological resources
Impact 45-2
Impact 45-2 The proposed Project could potentially destroy a unique paleontological resource or site or unique geologic feature (DEIR page ES-12)
Mitigation Measure
Mitigation Measure 45-2 If Paleontological Resources are Discovered During Ground-Disturbing Activities Suspend Work until Resource is Evaluated Prior to the initiation of site preparation or start of construction (and subsequently decommissioning) the Applicant shall retain a qualified profeSSional paleontologist or a California Registered Professional Geologist (California RPG) with appropriate paleontological expertise as defined by the Society of Vertebrate Paleontologys Conformable Impact Mitigation Guidelines Committee (SVP 1995 Guidelines) to carry out a paleontological resources training program for construction workers involved in grading and excavation activities Training shall include awareness and recognition of potential fossil materials and the procedures to follow if construction crews encounter fossil materials in the course of earthwork excavation or grading If construction crews discover potential fossils all earthwork or other types of ground disturbance within 50 feet of the find shall stop immediately until the qualified professional paleontologist can assess the nature and importance of the find Based on the scientific value or uniqueness of the find the monitor may record the find and allow work to continue or recommend salvage and recovery of the fossil The Applicant shall require the paleontologist to be on-call throughout the duration of ground-disturbing activities
DOCS_N27154S_ V4_Boa rd_Agenda_Report]or_The_Mchenry _Solar ]a_ProjecC7_26_11 Rev Dec 2010 92
ID= BOARD RESOLUTION I 11 DlstrldwIltIdPowt
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation of this measure will reduce the potentially significant impact on paleontological resources
Impact 45-3
Impact 45-3 The proposed Project could potentially disturb any human remains including those interred outside of formal cemeteries (DEIR page ESmiddot13)
Mitigation Measure
Mitigation Measure 45-3 Halt Work if Human Skeletal Remains are Identified During Construction If human skeletal remains are uncovered during Project construction (and subsequently decommissioning) work shall immediately halt within 100 feet of the find The Applicant shall contact the Stanislaus County Coroner to evaluate the remains and shall follow the procedures and protocols set forth in sect150645(e(1) of the CEQA Guidelines If the County Coroner determines that the remains are Native American the Applicant shall contact the Native American Heritage Commission in accordance with Health and Safety Code Section 70505 subdivision (c) and Public Resources Code 509798 (as amended by AB 2641) The Native American Heritage Commission will designate a Most Likely Descendent of the deceased Native American who will provide recommendations as to the future disposition ofthe remains
Finding
The Board finds based on substantjal evidence presented in the record of proceedings that implementation of this measure will reduce the potentially Significant impact on human remains
Greenhouse Gas Emissions
Impact 48-2
Impact 48-2 The Project could conflict with the California Air Resources Boards Climate Change Scoping Plan (DEIR page ES-14)
Mitigation Measure
Mitigation Measure 48-2 Low SF6 Leak Rate Circuit Breaker and Monitoring The applicant shall ensure that the circuit breaker installed at the proposed new substation has a guaranteed SF6 annual leak rate of no more than 05 percent by volume The Applicant shall provide MID with documentation of compliance such as specification sheets prior to installation of the circuit breaker In addition the Applicant shall monitor the SF6middotcontaining circuit breaker at the substation consistent with Scoping Plan Measure H-6 for the detection and repair of leaks
OOCSN271545V4BoarltljgendaReportJo rTheMchenry_SolarJarm_Project72611 Rev Dec 2010 93
~MID
Mst Irrl_60 BOARD RESOLUTION
II District Weltr _rut Pampftl
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation ohhis measure will reduce the potentially significant impact on greenhouse gas emissions
Hazards and Hazardous Materials
Impact 49-2
Impact 49-2 The Project could result in an accidental spill or leak during construction or decommissioning that could release hazardous materials into the environment (DEIR page ESshy14)
Mitigation Measure
Mitigation Measure 49-2 Accidental Spill Prevention and Response Plan The Applicant shall prepare an Accidental Spill Prevention and Response Plan for construction and decommissioning activities for review and approval by Modesto Irrigation District The plan shall identify measures to prevent accidental spills from leaving the site and methods for responding to and cleaning up spills to limit the amount of materials released into the environment Such measures shall include but not be limited to ensuring that absorbent material tarps storage drums and other emergency spill supplies and equipment are kept at the Project site at all times
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation of this measure will reduce the potentially significant impact on hazardous materials
Transportation and Traffic
Impact 417-1
Impact 417-1 Project construction and decommissioning activities could intermittently and temporarily increase traffic congestion due to vehicle trips generated by construction workers and construction vehicles on area roadways (DEIR page ES-16)
Mitigation Measure
Mitigation Measure 417-1a MID Traffic Control Measures During construction and decommissioning of the sub-transmission and distribution lines and fiber optic cable MID shall implement the following traffic mitigation measures from the 2006 PEIR Update (2006 PEIR Update p 10-6)
DOCSN271545V4BoadAgendaRepoCForTheMhenrvSolaFarmProJeet72611 Rev Dolt 2010 94
cIbullbulltomiddot Irrlgatlon BOARD RESOLUTION e DistrIct~lt1ID
Wntr and POwtf
1 MID will coordinate design and construction of program facilities with the agencies with jurisdiction including Caltrans counties cities special districts other utilities and the FAA as required
2 MID will obtain any necessary encroachment permits inspections or other approvals from agencies with jurisdiction
2A MID will obtain any necessary approvals and inspections from agencies with jurisdiction
2B MID shall coordinate the design and construction and shall obtain any necessary permits from the County City or State prior to placing any facilities within the public road rights-of-way of those agencies and shall conform to applicable conditions in the encroachment permit
3 MID will utilize all necessary precautions to minimize safety concerns when working within public road rights-of-way Traffic safety cones construction signage or other measures will be used to alert drivers to construction activities
4 Electrical facilities placed within public rights-of-way will comply with applicable standards for avoiding hazards to drivers pedestrians and bicyclists
Mitigation Measure 417-1bApplicant Construction Traffic Management and Safety Plan Prior to the start of construction (and subsequently decommissioning) of the Project the Applicant shall prepare and implement a Traffic Management and Safety Plan that shall reduce or eliminate impacts associated with the Project The Plan shall adhere to Stanislaus County and Caltrans requirements and shall include at a minimum the following elements
a) Schedule Project-generated construction truck trips on SR 99 SR 108 and SR 219 outside the peak morning and evening commute hours to reduce potential traffic congestion and reduce potentia I for transit delays during the p traffic congestion and reduce potential for transit delays during the peak commute periods
b) Comply with transportation permit requirements of Caltrans and CHP when scheduling Project-generated construction truck trips carrying oversized loads In addition provide preshynotification to local police fire and emergency service providers of the timing location and duration of construction activities that could affect the movement of emergency vehicles on area roadways
c) Place signs (eg Slow Trucks andor Trucks Turning Ahead) along appropriate roads to notify drivers of construction traffic throughout the duration of the constructionperiodeak commute periods
DOCSN271545V4Boord_AgendaReportJorThe_MchenrySolaFa rmProject72611 Rev Dec 2010 95
IDn BOARD RESOLUTION~ -bl Dstrld Water lila POwtr
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation ofthis measure will reduce the potentially significant impact on traffic and transportation
Impact 417-3
Impact 417-3 Project construction and decommissioning activities could substantially increase traffic hazards due to construction in or adjacent to roads (DEIR page ES-17)
Mitigation Measure
Mitigation Measure 417-3 Implement Mitigation Measures 417-1a and 417-1b
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation of this measure will reduce the potentially significant impact on traffic and transportation
Impact 417-4
Impact 417-4 The Project could result in inadequate emergency access (DEIR page ES-17)
Mitigation Measure
Mitigation Measure 417-4 Develop an Emergency Access Plan for the Site The Applicant shall develop and implement an Emergency Access Plan which shall include evacuation routes and strategies to ensure accessibility and mobility for project area and emergency vehicles AdditionaI measures include developing an emergency action plan that identifies roles and responsibilities during emergencies and to update the plan regularly
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation of this measure will reduce the potentially significant impact on emergency access
VIII PROJECT ALTERNATIVES
The McHenry Solar Farm Project EIR is a project-specific ErR that evaluated a more than a dozen alternative locations to the proposed site three alternative sub-transmission line interconnection points for the proposed site three alternative solar technologies concentrated solar parabolic trough concentrated solar power tower and thin-film PV and two alternative approaches to the proposed generation of solar energy conservation and demand side management and distributed generation solar Table 1 lists the alternatives that were considered as well as which ones passed and the others that failed the screening analysis that was performed In addition the No Project Alternative was conSidered
DOCSN271545 V4BoardAgend bullbullReporCFor TheMchenry SolarFarmProJect72611 Rev Dec 2010
bull
96
~IDn BOARD RESOLUTION bJlTI District Waterlnd Power
The Final EIR presented the analysis for rejecting the alternative sites The Board independently evaluated this analysis and concurs in the analysis and conclusions presented The answering of the key question (See CEQA Guidelines Section 151266f)(2)A)) the Board finds that the Project does not cause any significant
environmental effect that is not reduced to less than significant with mitigation measures Never the lessl the EIR opted to address alternative sites
Various public comments offered generalized comments on alternatives sites No substantial evidence was presented regarding the feasibility of such sites or the reasonable ability of the Applicant to acquire the sitesl
and substantial evidence was not presented that these alternative sites would lessen all ofthe Projects significant effects to less than significant
DOCS_N271545_V4_Board_Ai n_ReporCFor _The_Mchenry _SolacFarm_Project_7 _26_11 Rev Dec 2010 97
COPIES OF THE DRAFT AND FINAL ENVIRONMENTALIMPACT REPORT AND ARE AVAILABLE FOR REVIEW ATTHE COUNTY PLANNING DEPARTMENT OFFICE OR VIATHE INTERNET AThttpwwwstancountycomplanningplagenda-min-2011shtm HARD COPIES OF ALL EIR DOCUMENTS REFERENCED INTHIS REPORT HAVE BEEN PROVIDED TO EACH MEMBEROF THE PLANNING COMMISSION
98
Executive Summary
McHenry Solar Project ES-8 May 2011 Draft Environmental Impact Report
TABLE ES-1 SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Aesthetics Visual Quality and Light and Glare
Impact 41-1 The Project could degrade the existing visual character or quality of the site and its surroundings
Less than Significant
None required
Impact 41-2 The Project would create a new source of light or glare which could adversely affect daytime or nighttime views in the area
Potentially Significant
Mitigation Measure 41-2 Nighttime Construction Lighting Nighttime construction lighting if required shall be shielded and oriented downward to minimize effects on any nearby receptors Lighting shall be directed toward active construction areas only and shall have the minimum brightness necessary to ensure worker safety
Less than Significant
Agriculture and Forest Resources
Impact 42-1 The Project would temporarily discontinue the current exclusive agricultural use (row crops) of Prime Farmland to a mix of agricultural use (grazing) and non-agricultural use
Less than Significant
None required
Air Quality
Impact 43-1 Construction and decommissioning activities would generate emissions of criteria pollutants including suspended and inhalable particulate matter and equipment exhaust emissions
Potentially Significant
Mitigation Measure 43-1 Implement Dust Control Measures The Applicant shall submit a Dust Control Plan to the APCO for approval prior to start of construction (and subsequently decommissioning) activities The Plan shall cover both Applicant and MID activities and shall require implementation of the following dust control measures
All disturbed areas including storage piles that are not being actively used for construction purposes shall be effectively stabilized of dust emissions using water chemical stabilizersuppressant covered with a tarp or other suitable cover or vegetative ground cover
All on-site unpaved roads and off-site unpaved access roads shall be effectively stabilized of dust emissions using water or chemical stabilizersuppressant
All land clearing grubbing scraping excavation land leveling grading cut and fill and demolition activities shall be effectively controlled of fugitive dust emissions using application of water or by presoaking
When materials are transported off-site all material shall be covered or effectively wetted to limit visible dust emissions and at least six inches of freeboard space from the top of the container shall be maintained
Limit or expeditiously remove trackout (ie accumulation of mud or dirt from Project-related vehicle tires) from adjacent public streets near the Project access points Trackout shall be immediately removed from public streets when it extends 50 or more feet from the Project access points otherwise trackout shall be removed at the end of each workday (The use of dry rotary brushes is expressly prohibited except where preceded or accompanied by sufficient wetting to limit the visible dust emissions)(Use of blower devices is expressly forbidden)
Less than Significant
99
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-9 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Air Quality (cont)
Impact 43-1 (cont) Following the addition of materials to or removal of materials from the surface of outdoor storage piles said piles shall be effectively stabilized of fugitive dust emissions using sufficient water or chemical stabilizersuppressant
Limit traffic speed on unpaved on-site roads to 15 mph
Install sandbags or other erosion control measures to prevent silt runoff to public roadways from sites with a slope greater than one percent
Install windbreaks at windward side(s) of construction areas
Suspend excavation and grading activity when winds exceed 20 mph
Impact 43-2 Operation of the Project would generate exhaust emissions of criteria pollutants from routine operations
Less than Significant
None required
Impact 43-3 The Project could result in permanently disturbed land that would serve as a source of fugitive dust emissions
Less than Significant
None required
Impact 43-4 Construction and decommissioning emissions associated with the Project could result in emissions of ozone precursors and particulate matter that would be cumulatively considerable
Potentially Significant
Mitigation Measure 43-4 Implement Mitigation Measure 43-1 Less than Significant
Impact 43-5 Operation and maintenance of the Project could generate emissions of criteria pollutants that would be cumulatively considerable
Less than Significant
None required
Impact 43-6 The Project would generate emissions of criteria pollutants potentially exposing sensitive receptors to harmful pollutant concentrations
Potentially Significant
Mitigation Measure 43-6 Implement Mitigation Measure 43-1 Less than Significant
Impact 43-7 The Project would generate emissions of Toxic Air Contaminants potentially exposing sensitive receptors to harmful pollutant concentrations
Less than Significant
None required
100
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-10 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Biological Resources
Impact 44-1 Applicant Project activities could result in potential disturbance or loss of Swainsonrsquos hawk and their habitat
Potentially Significant
Mitigation Measure 44-1a Preconstruction Surveys for Swainsonrsquos Hawk If Project-related construction or decommissioning activities are planned to occur during the nesting period (March 1 to September 15) the Applicant shall engage a qualified biologist to conduct preconstruction surveys for Swainsonrsquos hawk and their nests no more than 14 days before the start of construction or decommissioning activities within 025 mile of the Project site where access is available Survey results shall be submitted to CDFG at least three days prior to the start of construction or decommissioning activities If active nests are not identified no further action is required and constructiondecommissioning may proceed If active nests are identified the Applicant shall consult with CDFG to develop and implement suitable avoidance measures consistent with the Staff Report Regarding Mitigation for Impacts to Swainsonrsquos Hawks in the Central Valley of California (CDFG 1994) To avoid impacting breeding efforts no construction or decommissioning activities shall occur between March 1 and September 15 within 500 feet of an active nest that could cause nest abandonment or forced fledging These buffers may be reduced in consultation with CDFG
Depending on conditions specific to each active nest and the relative location and rate of construction or decommissioning activities it may be feasible for such activities to occur as planned within the buffer without impacting the breeding effort In this case (to be determined in consultation with CDFG) the nest(s) shall be monitored by a qualified biologist during construction or decommissioning within the buffer The monitor shall have ldquostop workrdquo authority If in the professional opinion of the monitor Project activities are negatively affecting the nesting behavior of the bird the monitor shall stop all such activities within the designated buffer Construction or decommissioning activities shall not resume until either the monitor has determined that the young have fledged the nest or as otherwise approved by CDFG
With CDFG concurrence construction activities that are initiated outside the nesting season may continue even if raptors choose to nest within 500 feet of work activities Thus work may continue without delay if surveys verify the local absence of nesting raptors or if construction begins outside the nesting period (September 16 to February 28)
Less than Significant
Mitigation Measure 44-1b Reduce Construction Noise Levels If it appears that noise or vibration from vibratory post driving associated with Project construction (or other similar noise-generating construction or decommissioning activity) could affect nesting Swainsonrsquos hawks that arrive after the start of construction specific measures including but not limited to use of noise dissipaters shall be implemented to reduce noise levels During post driving a noise level of no greater than 85 decibels (measured at the nest) shall be used as general guidance for nests that are established after construction
Impact 44-2 MID activities could result in potential disturbance or loss of Swainsonrsquos hawk and their habitat
Potentially Significant
Mitigation Measure 44-2 Avian-safe Transmission Line (MID) Transmission poles should be designed using criteria identified in Avian Power Line Interaction Committee (APLIC 2006)
Less than Significant
101
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-11 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Biological Resources (cont)
Impact 44-3 Project activities could impact other tree-nesting raptors andor protected nesting migratory birds
Potentially Significant
Mitigation Measure 44-3 Preconstruction Raptor Surveys (Applicant) If Project-related construction andor decommissioning activities are to occur during the breeding period for nesting raptors andor protected nesting migratory birds (February 1 through August 31) the Applicant shall engage a qualified biologist to conduct preconstruction surveys of all potential habitat within 500 feet of the Project site no more than 14 days prior to the start of construction or decommissioning activities If active nests are not identified no further action is necessary If active nests are identified during preconstruction surveys a no-disturbance buffer shall be created around active raptor nests and nests of other special-status birds during the breeding season or until it is determined by the qualified biologist that all young have fledged Typical buffers are 500 feet for raptors and 250 feet for other nesting birds (eg waterfowl and passerine birds) The size of these buffer zones and types of construction or decommissioning activities allowed in these areas could be further modified in coordination with CDFG and shall be based on existing noise and disturbance levels in the Project area
Less than Significant
Impact 44-4 Project activities could result in potential disturbance or loss of burrowing owls and their habitat
Potentially Significant
Mitigation Measure 44-4a Preconstruction Burrowing Owl Surveys (Applicant) The Applicant shall engage a qualified biologist to conduct preconstruction surveys for burrowing owls 14 to 30 days prior to the start of construction or decommissioning using the most current CDFG protocol Surveys shall cover grassland areas within a 500-foot buffer from all Project constructiondecommissioning activities that are within suitable grasslands habitat including checking for adult and juvenile burrowing owls and owl nests If owls are detected during surveys occupied burrows shall not be disturbed
Constructiondecommissioning exclusion areas (eg orange exclusion fence or signage) shall be established around the occupied burrows where no disturbance shall be allowed During the nonbreeding season (September 1 through January 31) the exclusion zone shall extend 160 feet around occupied burrows During the breeding season (February 1 through August 31) exclusion areas shall extend 250 feet around occupied burrows
If the above requirements cannot be met passive relocation of on-site owls may be implemented as an alternative but only during the nonbreeding season and only with prior CDFG approval Passive relocation shall be accomplished by installing one-way doors on the entrances of burrows located within 160 feet of the Project area The one-way doors shall be left in place for 48 hours to ensure the owls have left the burrow The burrows shall then be excavated with a qualified biologist present Constructiondecommissioning shall not proceed until the Project area is deemed free of owls by the qualified biologist
Less than Significant
Mitigation Measure 44-4b Preconstruction Burrowing Owl Surveys (MID) Prior to construction MID shall conduct pre-construction surveys for burrowing owl for the sub-transmissiondistribution line and fiber optic cable alignment These surveys shall be conducted using the most up-to-date CDFG published protocols (eg CDFGs 1995 Staff Report on Burrowing Owl Mitigation) If owls are detected during surveys occupied burrows shall not be disturbed
102
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-12 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Cultural and Paleontological Resources
Impact 45-1 The proposed Project could potentially cause an adverse change in the significance of a unique archaeological resource pursuant to sect150645
Potentially Significant
Mitigation Measure 45-1 If Cultural Resources are Discovered During Ground-Disturbing Activities Suspend Work until Resource is Evaluated Prior to the initiation of site preparation or start of construction (and subsequently decommissioning) the Applicant shall retain a qualified professional archaeologist to complete an archaeological resources training program for construction workers involved in grading and excavation activities Training shall include awareness and recognition of archaeological materials and the procedures to follow if construction crews encounter such materials in the course of earthwork excavation or grading If archaeological resources are encountered all activity within 50 feet of the find shall cease until it can be evaluated by a qualified archaeologist Prehistoric archaeological materials could include obsidian and chert flaked-stone tools (eg projectile points knives scrapers) or toolmaking debris culturally darkened soil (ldquomiddenrdquo) containing heat-affected rocks artifacts or shellfish remains and stone milling equipment (eg mortars pestles handstones or milling slabs) and battered stone tools such as hammerstones and pitted stones Historic-period materials could include stone concrete or adobe footings and walls filled wells or privies and deposits of metal glass andor ceramic refuse The archaeologist shall notify the Applicant and MID if the resource may be significant An appropriate treatment plan for the resources shall then be developed by the Applicant for approval by MID The archaeologist shall consult with Native American representatives in determining appropriate treatment for prehistoric or Native American cultural resources if discovered
In considering any suggested mitigation proposed by the archaeologist the Applicant and MID shall determine whether avoidance is feasible in light of factors such as the nature of the find project design costs and other considerations If avoidance is not feasible other appropriate measures (eg data recovery) shall be instituted Work may proceed in other parts of the Project site while mitigation for cultural resources in other areas of the site is being carried out
Less than Significant
Impact 45-2 The proposed Project could potentially destroy a unique paleontological resource or site or unique geologic feature
Potentially Significant
Mitigation Measure 45-2 If Paleontological Resources are Discovered During Ground-Disturbing Activities Suspend Work until Resource is Evaluated Prior to the initiation of site preparation or start of construction (and subsequently decommissioning) the Applicant shall retain a qualified professional paleontologist or a California Registered Professional Geologist (California RPG) with appropriate paleontological expertise as defined by the Society of Vertebrate Paleontologyrsquos Conformable Impact Mitigation Guidelines Committee (SVP 1995 Guidelines) to carry out a paleontological resources training program for construction workers involved in grading and excavation activities Training shall include awareness and recognition of potential fossil materials and the procedures to follow if construction crews encounter fossil materials in the course of earthwork excavation or grading If construction crews discover potential fossils all earthwork or other types of ground disturbance within 50 feet of the find shall stop immediately until the qualified professional paleontologist can assess the nature and importance of the find Based on the scientific value or uniqueness of the find the monitor may record the find and allow work to continue or recommend salvage and recovery of the fossil The Applicant shall require the paleontologist to be ldquoon-callrdquo throughout the duration of ground-disturbing activities
Less than Significant
103
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-13 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Cultural and Paleontological Resources (cont)
Impact 45-3 The proposed Project could potentially disturb any human remains including those interred outside of formal cemeteries
Potentially Significant
Mitigation Measure 45-3 Halt Work if Human Skeletal Remains are Identified During Construction If human skeletal remains are uncovered during Project construction (and subsequently decommissioning) work shall immediately halt within 100 feet of the find The Applicant shall contact the Stanislaus County Coroner to evaluate the remains and shall follow the procedures and protocols set forth in sect150645(e)(1) of the CEQA Guidelines If the County Coroner determines that the remains are Native American the Applicant shall contact the Native American Heritage Commission in accordance with Health and Safety Code Section 70505 subdivision (c) and Public Resources Code 509798 (as amended by AB 2641) The Native American Heritage Commission will designate a Most Likely Descendent of the deceased Native American who will provide recommendations as to the future disposition of the remains
Less than Significant
Energy Conservation
Impact 46-1 The construction operation and maintenance and decommissioning of the Project could result in consumption of energy
Less than Significant
None required
Impact 46-2 Construction operation and maintenance and decommissioning of the Project would require use of transportation energy
Less than Significant
None required
Impact 46-3 The Projectrsquos overall use of efficient transportation alternatives would be limited
Less than Significant
None required
Geology and Soils
Impact 47-1 The Project could expose people or structures to potential adverse effects including the risk of loss injury or death involving strong seismic ground shaking and earthquake-induced ground failure (such as liquefaction and lateral spreading)
Less than Significant
None required
Impact 47-2 The Project could result in soil erosion or loss of topsoil
Less than Significant
None required
Impact 47-3 The Project could be located on expansive soil as defined in Table 18-1-B of the Uniform Building Code (1994) creating risks to life or property
Less than Significant
None required
104
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-14 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Geology and Soils (cont)
Impact 47-4 The Project site could have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater
Less than Significant
None required
Greenhouse Gas Emissions
Impact 48-1 The Project would result in emissions of greenhouse gases that would contribute to global climate change
Less than Significant
None required
Impact 48-2 The Project could conflict with the California Air Resources Boardrsquos Climate Change Scoping Plan
Potentially Significant
Mitigation Measure 48-2 Low SF6 Leak Rate Circuit Breaker and Monitoring The Applicant shall ensure that the circuit breaker installed at the proposed new substation has a guaranteed SF6 annual leak rate of no more than 05 percent by volume The Applicant shall provide Modesto Irrigation District with documentation of compliance such as specification sheets prior to installation of the circuit breaker In addition the Applicant shall monitor the SF6-containing circuit breaker at the substation consistent with Scoping Plan Measure H-6 for the detection and repair of leaks
Less than Significant
Hazards and Hazardous Materials
Impact 49-1 Project construction decommissioning and operationmaintenance could create a hazard to the public or the environment through the routine transport use or disposal of hazardous materials
Less than Significant
None required
Impact 49-2 The Project could result in an accidental spill or leak during construction or decommissioning that could release hazardous materials into the environment
Potentially Significant
Mitigation Measure 49-2 Accidental Spill Prevention and Response Plan The Applicant shall prepare an Accidental Spill Prevention and Response Plan for construction and decommissioning activities for review and approval by Modesto Irrigation District The plan shall identify measures to prevent accidental spills from leaving the site and methods for responding to and cleaning up spills to limit the amount of materials released into the environment Such measures shall include but not be limited to ensuring that absorbent material tarps storage drums and other emergency spill supplies and equipment are kept at the Project site at all times
Less than Significant
Hydrology and Water Quality
Impact 410-1 The Project could potentially degrade water quality such that it could violate water quality standards or waste discharge requirements
Less than Significant
None required
105
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-15 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Hydrology and Water Quality (cont)
Impact 410-2 The Project could alter the existing drainage pattern of the site in a manner that could result in erosion or sedimentation on- or off-site or which could contribute to flooding
Less than Significant
None required
Impact 410-3 The Project could create or contribute runoff water that could exceed the capacity of existing or planned stormwater drainage systems or provide additional sources of polluted runoff
Less than Significant
None required
Impact 410-4 The Project could expose people or structures to a risk of loss injury or death involving flooding including flooding as a result of the failure of a levee or dam
Less than Significant
None required
Land Use and Planning
The Project would have no impacts in this resource area
Mineral Resources
The Project would have no impacts in this resource area
Noise
Impact 413-1 Project-related post driving would result in exposure of persons to groundborne vibration
Less than Significant
None required
Impact 413-2 Operation and maintenance of the Project would increase local ambient noise levels
Less than Significant
None required
Impact 413-3 Project construction and decommissioning activities would temporarily increase local ambient noise levels
Less than Significant
None required
Population and Housing
The Project would have no impacts in this resource area
106
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-16 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Public Services
The Project would have no impacts in this resource area
Recreation
The Project would have no impacts in this resource area
Transportation and Traffic
Impact 417-1 Project construction and decommissioning activities could intermittently and temporarily increase traffic congestion due to vehicle trips generated by construction workers and construction vehicles on area roadways
Potentially Significant
Mitigation Measure 417-1a MID Traffic Control Measures During construction and decommissioning of the sub-transmission and distribution lines and fiber optic cable MID shall implement the following traffic mitigation measures from the 2006 PEIR Update (2006 PEIR Update p 10-6)
1 MID will coordinate design and construction of program facilities with the agencies with jurisdiction including Caltrans counties cities special districts other utilities and the FAA as required
2 MID will obtain any necessary encroachment permits inspections or other approvals from agencies with jurisdiction
2A MID will obtain any necessary approvals and inspections from agencies with jurisdiction
2B MID shall coordinate the design and construction and shall obtain any necessary permits from the County City or State prior to placing any facilities within the public road rights-of-way of those agencies and shall conform to applicable conditions in the encroachment permit
3 MID will utilize all necessary precautions to minimize safety concerns when working within public road rights-of-way Traffic safety cones construction signage or other measures will be used to alert drivers to construction activities
4 Electrical facilities placed within public rights-of-way will comply with applicable standards for avoiding hazards to drivers pedestrians and bicyclists
Less than Significant
Mitigation Measure 417-1b Applicant Construction Traffic Management and Safety Plan Prior to the start of construction (and subsequently decommissioning) of the Project the Applicant shall prepare and implement a Traffic Management and Safety Plan that shall reduce or eliminate impacts associated with the Project The Plan shall adhere to Stanislaus County and Caltrans requirements and shall include at a minimum the following elements
a) Schedule Project-generated construction truck trips on SR 99 SR 108 and SR 219 outside the peak morning and evening commute hours to reduce potential traffic congestion and reduce potential for transit delays during the peak commute periods
107
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-17 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Transportation and Traffic (cont)
Impact 417-1 (cont) b) Comply with transportation permit requirements of Caltrans and CHP when scheduling Project-generated construction truck trips carrying oversized loads In addition provide pre-notification to local police fire and emergency service providers of the timing location and duration of construction activities that could affect the movement of emergency vehicles on area roadways
c) Place signs (eg ldquoSlow Trucksrdquo andor ldquoTrucks Turning Aheadrdquo) along appropriate roads to notify drivers of construction traffic throughout the duration of the construction period
Impact 417-2 The Project could conflict with established congestion management programs on affected roads or highways
Less than Significant
None required
Impact 417-3 Project construction and decommissioning activities could substantially increase traffic hazards due to construction in or adjacent to roads
Potentially Significant
Mitigation Measure 417-3 Implement Mitigation Measures 417-1a and 417-1b Less than Significant
Impact 417-4 The Project could result in inadequate emergency access
Potentially Significant
Mitigation Measure 417-4 Develop an Emergency Access Plan for the Site The Applicant shall develop and implement an Emergency Access Plan which shall include evacuation routes and strategies to ensure accessibility and mobility for project area and emergency vehicles Additional measures include developing an emergency action plan that identifies roles and responsibilities during emergencies and to update the plan regularly
Less than Significant
Utilities and Service Systems
Impact 418-1 The proposed Project would require or result in the construction of new stormwater drainage facilities the construction of which could cause significant environmental effects
Less than Significant
None required
108
109
110
REFERRED TO
YE
S
NO
WILL NOT
HAVE
SIGNIFICANT
IMPACT
MAY HAVE
SIGNIFICANT
IMPACT
NO COMMENT
NON CEQA YE
S
NO
YE
S
NO
AGRICULTURE COMMISSIONER X
AIRPORT LAND USE COMMISSION X
ALLIANCE X
BUILDING PERMITS DIVISION X X X
CALTRANS DISTRICT 10 X
CHIEF EXECUTIVE OFFICE X
CITY OF RIVERBANK X
COOPERATIVE EXTENSION X
CORPS OF ENGINEERS X
COUNTY COUNSEL X
ENVIRONMENTAL RESOURCES X X X
FIRE PROTECTION DIST STANISLAUS
CONSOLIDATED X X X
FISH amp GAME DEPT OF X
HAZARDOUS MATERIALS X
IRRIGATION DISTRICT MODESTO X X X
LAFCO X
MODESTO REGIONAL FIRE AUTHORITY FPB X
MOSQUITO DISTRICT EASTSIDE X
MT VALLEY EMERGENCY MEDICAL X
PACIFIC GAS amp ELECTRIC X
PUBLIC WORKS X X X
REGIONAL WATER QUALITY CONTROL X
SAN JOAQUIN VALLEY APCD X
SCHOOL DISTRICT 1 MODESTO X X X
SCHOOL DISTRICT 2 STANISLAUS X
SHERIFF X
StanCOG X
STANISLAUS COUNTY FARM BUREAU X
STANISLAUS ERC X
STATE CLEARINGHOUSE X
STATE LANDS COMMISSION X
SUPERVISORIAL DISTRICT 4 MONTEITH X
SURROUNDING LAND OWNERS
TELEPHONE COMPANY ATampT X
UNITED STATES MILITARY AGENCIES (SB 1462) (5 agencies) X
US FISH amp WILDLIFE X
X
X
SUMMARY OF RESPONSES FOR USE PERMIT REVIEW REFERRALS
RESPONDED RESPONSEMITIGATION
MEASURESCONDITIONS
PROJECT USE PERMIT APPLICATION NO 2011-10 - McHENRY SOLAR FARM
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
RESPONSIBLE
AGENCY REFERRAL
PUBLIC HEARING
NOTICE
X
X
X
X
X
X
X
X
X
111
Modosto Irrlatlon BOARD RESOLUTION District~lt1ID
Wattrld ~owt
Impact 43-4
Impact 43-4 Construction and decommissioning emissions associated with the Project could result in emissions of ozone precursors and particulate matter that would be cumulatively considerable (OEIR page ES-9)
Mitigation Measure
Mitigation Measure 43-4 Implement Mitigation Measure 43-1
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation of this measure will reduce the potentially significant impact on air quality
Impact 43-6
Impact 43-6 The Project would generate emissions of criteria pollutants potentially exposing sensitive receptors to harmful pollutant concentrations (OEIR page ES-9)
Mitigation Measure
Mitigation Measure 43-6 Implement Mitigation Measure 43-1
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation ofthis measure will reduce the potentially significant impact on air quality
Biological Resources
Impact 44-1
Impact 44-1 Applicant Project activities could result in potential disturbance or loss of Swainsons hawk and their habitat (OEIR page ES-10)
Mitigation Measure
Mitigation Measure 44-1a Preconstruction Surveys for Swainsons Hawk If Project-related construction or decommissioning activities are planned to occur during the nesting period (March 1 to September 15) the Applicant shall engage a qualified biologist to conduct preconstruction surveys for Swainsons hawk and their nests no more than 14 days before the start of construction or decommissioning activities within 025 mile ofthe Project site where access is available Survey results shall be submitted to CDFG at least three days prior to the start of construction or decommissioning activities If active nests are not identified no further action is required and constructiondecommissioning may proceed If active nests are identified the Applicant shall consult with CDFG to develop and implement suitable avoidance measures consistent with the Staff Report Regarding Mitigation for Impacts to Swainsons
DOCS_N271545_V4_Boa rd_Agenda_Repor1_For_ The_Mchenry _Solar_Farm_Project_7 _26_11 Rev Dec 2010 88
f ID= BOARD RESOLUTION hlY1 IIArlel Walfr and POWir
Hawks in the Central Valley of California (CDFG 1994) To avoid impacting breeding efforts no construction or decommissioning activities shall occur between March land September 15 within 500 feet of an active nest that could cause nest abandonment or forced fledging These buffers may be reduced in consultation with CDFG Depending on conditions specific to each active nest and the relative location and rate of construction or decommissioning activities it may be feasible for such activities to occur as planned within the buffer without impacting the breeding effort In this case (to be determined in consultation with CDFG) the nest(s) shall be monitored by a qualified biologist during construction or decommissioning within the buffer The monitor shall have ltstop work authority If in the professional opinion of the monitor Project activities are negatively affecting the nesting behavior of the bird the monitor shall stop all such activities within the designated buffer Construction or decommissioning activities shall not resume until either the monitor has determined that the young have fledged the nest or as otherwise approved by CDFG With CDFG concurrence construction activities that are initiated outside the nesting season may continue even if raptors choose to nest within 500 feet of work activities Thus work may continue without delay if surveys verify the local absence of nesting raptors or if construction begins outside the nesting period (September 16 to February 28)
Mitigation Measure 44-1b Reduce Construction Noise Levels If it appears that noise or vibration from vibratory post driving associated with Project construction (or other similar noise-generating construction or decommissioning activity) could affect nesting Swainsons hawks that arrive after the start of construction specific measures including but not limited to use of noise dissipaters shall be implemented to reduce noise levels During post driving a noise level of no greater than 85 decibels (measured at the nest) shall be used as general guidance for nests that are established after construction
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation of this measure will reduce the potentially significant impact on biological resources
Impact 44-2
Impact 44-2 MID activities could result in potential disturbance or loss of Swainsons hawk and their habitat (DEIR page ES-10)
Mitigation Measure
Mitigation Measure 44-2 Avian-safe Transmission Line MID Transmission poles should be designed using criteria identified in Avian Power line Interaction Committee (APUC 2006)
OOCS_N271545_V4_Boad_AIlenda_Report]o_ The_Mchenrv_Sola_Farm_Poject_c26_11 Rev Dec 2010 89
Mdes Irrlgbullbulllen BOARD RESOLUTION
DItrid- ~lt1IDwater and Powtr
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation of this measure will reduce the potentially significant impact on biological resources
Impact 44-3 Impact 44-3 Project activities could impact other tree-nesting raptors andor protected nesting migratory birds (DEIR page ES-ll)
Mitigation Measure
Mitigation Measure 44-3 Preconstruction Raptor Surveys (Applicant) If Project-related construction andor decommissioning activities are to occur during the breeding period for nesting raptors andor protected nesting migratory birds (February 1 through August 31) the Applicant shall engage a qualified biologist to conduct preconstruction surveys of all potential habitat within 500 feet of the Project site no more than 14 days prior to the start of construction or decommissioning activities If active nests are not identified no further action is necessary If active nests are identified during preconstruction surveys a no-disturbance buffer shall be created around active raptor nests and nests of other special-status birds during the breeding season or until it is determined by the qualified biologist that all young have fledged Typical buffers are 500 feet for raptors and 250 feet for other nesting birds (eg waterfowl and passerine birds) The size of these buffer zones and types of construction or decommissioning activities allowed in these areas could be further modified in coordination with CDFG and shall be based on existing noise and disturbance levels in the Project area
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implernentation ofthis measure will reduce the potentially significant impact on biological resources
Impact 44-4
Impact 44-4 Project activities could result in potential disturbance or loss of burrowing owls and their habitat (DEIS page ES-ll)
Mitigation Measure
Mitigation Measure 44-4a Preconstruction Burrowing Owl Surveys (Applicant) The Applicant shall engage a qualified biologist to conduct preconstruction surveys for burrowing owls 14 to 30 days prior to the start of construction or decommissioning using the most current CDFG protocol Surveys shall cover grassland areas within a SOO-foot buffer from all Project constructiondecommissioning activities that are within suitable grasslands habitat including checking for adult and juvenile burrowing owls and owl nests If owls are detected during
DOCSN271545V4BoardAgendaReportForTheMchenrvSolarJarmProject72611 Rev Dec 2010 90
WID n BOARD RESOLUTION L bl Dltrld WIIIT Irld Ptlwtt
surveys occupied burrows shall not be disturbed Constructiondecommissioning exclusion areas (eg orange exclusion fence or signage) shall be established around the occupied burrows where no disturbance shall be allowed During the nonbreeding season (September 1 through January 31) the exclusion zone shall extend 160 feet around occupied burrows During the breeding season (February 1 through August 31) exclusion areas shall extend 250 feet around occupied burrows If the above requirements cannot be met passive relocation of onshysite owls may be implemented as an alternative but only during the nonbreeding season and only with prior CDFG approval Passive relocation shall be accomplished by installing one-way doors on the entrances of burrows located within 160 feet ofthe Project area The one-way doors shall be left in place for 48 hours to ensure the owls have left the burrow The burrows shall then be excavated with a qualified biologist present Constructiondecommissioning shall not proceed until the Project area is deemed free of owls by the qualified biologist
Mitigation Measure 44-4b Preconstruction Burrowing Owl Surveys (MID) Prior to construction MID shall conduct pre-construction surveys for burrowing owl for the subtransmissiondistribution line and fiber optic cable alignment These surveys shall be conducted using the most up-to-date CDFG published protocols (eg CDFGs 1995 Staff Report on Burrowing Owl Mitigation) If owls are detected during surveys occupied burrows shall not be disturbed
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation ofthis measure will reduce the potentially significant impact on biological resources
Cultural and Paleontological Resources
Impact 45-1
Impact 45-1 The proposed Project could potentially cause an adverse change in the significance of a unique archaeological resource pursuant to sect150645 (DEIR page ES-12)
Mitigation Measure
Mitigation Measure 45-1 If Cultural Resources are Discovered During Ground-Disturbing Activities Suspend Work until Resource is Evaluated Prior to the initiation of site preparation or start of construction (and subsequently decommissioning) the Applicant shall retain a qualified professional archaeologist to complete an archaeological resources training program for construction workers involved in grading and excavation activities Training shall include
awareness and recognition of archaeological materials and the procedures to follow if
construction crews encounter such materials in the course of earthwork excavation or grading If archaeological resources are encountered all activity within 50 feet of the find shall
cease until it can be evaluated by a qualified archaeologist Prehistoric archaeological materials
DOCS_N27154S_V4_Board_Asenda_Report_For_ The_Mchenry _Sol _fam]roject_7_26_11 Rev Dec 2010 91
Motlesto Irrlatlo~lt1ID BOARD RESOLUTIO N
II DIlrld VialfrantJ PCMl
could include obsidian and chert f1aked~stone tools (eg projectile points knives scrapers) or toolmaking debris culturally darkened soil (ilmidden) containing heat~affected rocks artifacts
or shellfish remains and stone milling equipment (eg mortars pestles handstones or milling slabs) and battered stone tools such as hammerstones and pitted stones Historic~period materials could include stone concrete or adobe footings and walls filled wells or privies and
deposits of metal glass andor ceramic refuse The archaeologist shall notify the Applicant and MID if the resource may be significant An appropriate treatment plan for the resources shall then be developed by the Applicant for approval by MID The archaeologist shall consult with Native American representatives in determining appropriate treatment for prehistoric or Native American cultural resources if discovered In considering any suggested mitigation proposed by the archaeologist the Applicant and MID shall determinewhether avoidance is feasible in light of factors such as the nature of the find project design costs and other considerations If avoidance is not feasible other appropriate measures (eg data recovery) shall be instituted Work may proceed in other parts of the Project site while mitigation for cultural resources in other areas of the site is being carried out
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation ofthis measure will reduce the potentially significant impact on unique archaeological resources
Impact 45-2
Impact 45-2 The proposed Project could potentially destroy a unique paleontological resource or site or unique geologic feature (DEIR page ES-12)
Mitigation Measure
Mitigation Measure 45-2 If Paleontological Resources are Discovered During Ground-Disturbing Activities Suspend Work until Resource is Evaluated Prior to the initiation of site preparation or start of construction (and subsequently decommissioning) the Applicant shall retain a qualified profeSSional paleontologist or a California Registered Professional Geologist (California RPG) with appropriate paleontological expertise as defined by the Society of Vertebrate Paleontologys Conformable Impact Mitigation Guidelines Committee (SVP 1995 Guidelines) to carry out a paleontological resources training program for construction workers involved in grading and excavation activities Training shall include awareness and recognition of potential fossil materials and the procedures to follow if construction crews encounter fossil materials in the course of earthwork excavation or grading If construction crews discover potential fossils all earthwork or other types of ground disturbance within 50 feet of the find shall stop immediately until the qualified professional paleontologist can assess the nature and importance of the find Based on the scientific value or uniqueness of the find the monitor may record the find and allow work to continue or recommend salvage and recovery of the fossil The Applicant shall require the paleontologist to be on-call throughout the duration of ground-disturbing activities
DOCS_N27154S_ V4_Boa rd_Agenda_Report]or_The_Mchenry _Solar ]a_ProjecC7_26_11 Rev Dec 2010 92
ID= BOARD RESOLUTION I 11 DlstrldwIltIdPowt
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation of this measure will reduce the potentially significant impact on paleontological resources
Impact 45-3
Impact 45-3 The proposed Project could potentially disturb any human remains including those interred outside of formal cemeteries (DEIR page ESmiddot13)
Mitigation Measure
Mitigation Measure 45-3 Halt Work if Human Skeletal Remains are Identified During Construction If human skeletal remains are uncovered during Project construction (and subsequently decommissioning) work shall immediately halt within 100 feet of the find The Applicant shall contact the Stanislaus County Coroner to evaluate the remains and shall follow the procedures and protocols set forth in sect150645(e(1) of the CEQA Guidelines If the County Coroner determines that the remains are Native American the Applicant shall contact the Native American Heritage Commission in accordance with Health and Safety Code Section 70505 subdivision (c) and Public Resources Code 509798 (as amended by AB 2641) The Native American Heritage Commission will designate a Most Likely Descendent of the deceased Native American who will provide recommendations as to the future disposition ofthe remains
Finding
The Board finds based on substantjal evidence presented in the record of proceedings that implementation of this measure will reduce the potentially Significant impact on human remains
Greenhouse Gas Emissions
Impact 48-2
Impact 48-2 The Project could conflict with the California Air Resources Boards Climate Change Scoping Plan (DEIR page ES-14)
Mitigation Measure
Mitigation Measure 48-2 Low SF6 Leak Rate Circuit Breaker and Monitoring The applicant shall ensure that the circuit breaker installed at the proposed new substation has a guaranteed SF6 annual leak rate of no more than 05 percent by volume The Applicant shall provide MID with documentation of compliance such as specification sheets prior to installation of the circuit breaker In addition the Applicant shall monitor the SF6middotcontaining circuit breaker at the substation consistent with Scoping Plan Measure H-6 for the detection and repair of leaks
OOCSN271545V4BoarltljgendaReportJo rTheMchenry_SolarJarm_Project72611 Rev Dec 2010 93
~MID
Mst Irrl_60 BOARD RESOLUTION
II District Weltr _rut Pampftl
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation ohhis measure will reduce the potentially significant impact on greenhouse gas emissions
Hazards and Hazardous Materials
Impact 49-2
Impact 49-2 The Project could result in an accidental spill or leak during construction or decommissioning that could release hazardous materials into the environment (DEIR page ESshy14)
Mitigation Measure
Mitigation Measure 49-2 Accidental Spill Prevention and Response Plan The Applicant shall prepare an Accidental Spill Prevention and Response Plan for construction and decommissioning activities for review and approval by Modesto Irrigation District The plan shall identify measures to prevent accidental spills from leaving the site and methods for responding to and cleaning up spills to limit the amount of materials released into the environment Such measures shall include but not be limited to ensuring that absorbent material tarps storage drums and other emergency spill supplies and equipment are kept at the Project site at all times
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation of this measure will reduce the potentially significant impact on hazardous materials
Transportation and Traffic
Impact 417-1
Impact 417-1 Project construction and decommissioning activities could intermittently and temporarily increase traffic congestion due to vehicle trips generated by construction workers and construction vehicles on area roadways (DEIR page ES-16)
Mitigation Measure
Mitigation Measure 417-1a MID Traffic Control Measures During construction and decommissioning of the sub-transmission and distribution lines and fiber optic cable MID shall implement the following traffic mitigation measures from the 2006 PEIR Update (2006 PEIR Update p 10-6)
DOCSN271545V4BoadAgendaRepoCForTheMhenrvSolaFarmProJeet72611 Rev Dolt 2010 94
cIbullbulltomiddot Irrlgatlon BOARD RESOLUTION e DistrIct~lt1ID
Wntr and POwtf
1 MID will coordinate design and construction of program facilities with the agencies with jurisdiction including Caltrans counties cities special districts other utilities and the FAA as required
2 MID will obtain any necessary encroachment permits inspections or other approvals from agencies with jurisdiction
2A MID will obtain any necessary approvals and inspections from agencies with jurisdiction
2B MID shall coordinate the design and construction and shall obtain any necessary permits from the County City or State prior to placing any facilities within the public road rights-of-way of those agencies and shall conform to applicable conditions in the encroachment permit
3 MID will utilize all necessary precautions to minimize safety concerns when working within public road rights-of-way Traffic safety cones construction signage or other measures will be used to alert drivers to construction activities
4 Electrical facilities placed within public rights-of-way will comply with applicable standards for avoiding hazards to drivers pedestrians and bicyclists
Mitigation Measure 417-1bApplicant Construction Traffic Management and Safety Plan Prior to the start of construction (and subsequently decommissioning) of the Project the Applicant shall prepare and implement a Traffic Management and Safety Plan that shall reduce or eliminate impacts associated with the Project The Plan shall adhere to Stanislaus County and Caltrans requirements and shall include at a minimum the following elements
a) Schedule Project-generated construction truck trips on SR 99 SR 108 and SR 219 outside the peak morning and evening commute hours to reduce potential traffic congestion and reduce potentia I for transit delays during the p traffic congestion and reduce potential for transit delays during the peak commute periods
b) Comply with transportation permit requirements of Caltrans and CHP when scheduling Project-generated construction truck trips carrying oversized loads In addition provide preshynotification to local police fire and emergency service providers of the timing location and duration of construction activities that could affect the movement of emergency vehicles on area roadways
c) Place signs (eg Slow Trucks andor Trucks Turning Ahead) along appropriate roads to notify drivers of construction traffic throughout the duration of the constructionperiodeak commute periods
DOCSN271545V4Boord_AgendaReportJorThe_MchenrySolaFa rmProject72611 Rev Dec 2010 95
IDn BOARD RESOLUTION~ -bl Dstrld Water lila POwtr
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation ofthis measure will reduce the potentially significant impact on traffic and transportation
Impact 417-3
Impact 417-3 Project construction and decommissioning activities could substantially increase traffic hazards due to construction in or adjacent to roads (DEIR page ES-17)
Mitigation Measure
Mitigation Measure 417-3 Implement Mitigation Measures 417-1a and 417-1b
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation of this measure will reduce the potentially significant impact on traffic and transportation
Impact 417-4
Impact 417-4 The Project could result in inadequate emergency access (DEIR page ES-17)
Mitigation Measure
Mitigation Measure 417-4 Develop an Emergency Access Plan for the Site The Applicant shall develop and implement an Emergency Access Plan which shall include evacuation routes and strategies to ensure accessibility and mobility for project area and emergency vehicles AdditionaI measures include developing an emergency action plan that identifies roles and responsibilities during emergencies and to update the plan regularly
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation of this measure will reduce the potentially significant impact on emergency access
VIII PROJECT ALTERNATIVES
The McHenry Solar Farm Project EIR is a project-specific ErR that evaluated a more than a dozen alternative locations to the proposed site three alternative sub-transmission line interconnection points for the proposed site three alternative solar technologies concentrated solar parabolic trough concentrated solar power tower and thin-film PV and two alternative approaches to the proposed generation of solar energy conservation and demand side management and distributed generation solar Table 1 lists the alternatives that were considered as well as which ones passed and the others that failed the screening analysis that was performed In addition the No Project Alternative was conSidered
DOCSN271545 V4BoardAgend bullbullReporCFor TheMchenry SolarFarmProJect72611 Rev Dec 2010
bull
96
~IDn BOARD RESOLUTION bJlTI District Waterlnd Power
The Final EIR presented the analysis for rejecting the alternative sites The Board independently evaluated this analysis and concurs in the analysis and conclusions presented The answering of the key question (See CEQA Guidelines Section 151266f)(2)A)) the Board finds that the Project does not cause any significant
environmental effect that is not reduced to less than significant with mitigation measures Never the lessl the EIR opted to address alternative sites
Various public comments offered generalized comments on alternatives sites No substantial evidence was presented regarding the feasibility of such sites or the reasonable ability of the Applicant to acquire the sitesl
and substantial evidence was not presented that these alternative sites would lessen all ofthe Projects significant effects to less than significant
DOCS_N271545_V4_Board_Ai n_ReporCFor _The_Mchenry _SolacFarm_Project_7 _26_11 Rev Dec 2010 97
COPIES OF THE DRAFT AND FINAL ENVIRONMENTALIMPACT REPORT AND ARE AVAILABLE FOR REVIEW ATTHE COUNTY PLANNING DEPARTMENT OFFICE OR VIATHE INTERNET AThttpwwwstancountycomplanningplagenda-min-2011shtm HARD COPIES OF ALL EIR DOCUMENTS REFERENCED INTHIS REPORT HAVE BEEN PROVIDED TO EACH MEMBEROF THE PLANNING COMMISSION
98
Executive Summary
McHenry Solar Project ES-8 May 2011 Draft Environmental Impact Report
TABLE ES-1 SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Aesthetics Visual Quality and Light and Glare
Impact 41-1 The Project could degrade the existing visual character or quality of the site and its surroundings
Less than Significant
None required
Impact 41-2 The Project would create a new source of light or glare which could adversely affect daytime or nighttime views in the area
Potentially Significant
Mitigation Measure 41-2 Nighttime Construction Lighting Nighttime construction lighting if required shall be shielded and oriented downward to minimize effects on any nearby receptors Lighting shall be directed toward active construction areas only and shall have the minimum brightness necessary to ensure worker safety
Less than Significant
Agriculture and Forest Resources
Impact 42-1 The Project would temporarily discontinue the current exclusive agricultural use (row crops) of Prime Farmland to a mix of agricultural use (grazing) and non-agricultural use
Less than Significant
None required
Air Quality
Impact 43-1 Construction and decommissioning activities would generate emissions of criteria pollutants including suspended and inhalable particulate matter and equipment exhaust emissions
Potentially Significant
Mitigation Measure 43-1 Implement Dust Control Measures The Applicant shall submit a Dust Control Plan to the APCO for approval prior to start of construction (and subsequently decommissioning) activities The Plan shall cover both Applicant and MID activities and shall require implementation of the following dust control measures
All disturbed areas including storage piles that are not being actively used for construction purposes shall be effectively stabilized of dust emissions using water chemical stabilizersuppressant covered with a tarp or other suitable cover or vegetative ground cover
All on-site unpaved roads and off-site unpaved access roads shall be effectively stabilized of dust emissions using water or chemical stabilizersuppressant
All land clearing grubbing scraping excavation land leveling grading cut and fill and demolition activities shall be effectively controlled of fugitive dust emissions using application of water or by presoaking
When materials are transported off-site all material shall be covered or effectively wetted to limit visible dust emissions and at least six inches of freeboard space from the top of the container shall be maintained
Limit or expeditiously remove trackout (ie accumulation of mud or dirt from Project-related vehicle tires) from adjacent public streets near the Project access points Trackout shall be immediately removed from public streets when it extends 50 or more feet from the Project access points otherwise trackout shall be removed at the end of each workday (The use of dry rotary brushes is expressly prohibited except where preceded or accompanied by sufficient wetting to limit the visible dust emissions)(Use of blower devices is expressly forbidden)
Less than Significant
99
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-9 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Air Quality (cont)
Impact 43-1 (cont) Following the addition of materials to or removal of materials from the surface of outdoor storage piles said piles shall be effectively stabilized of fugitive dust emissions using sufficient water or chemical stabilizersuppressant
Limit traffic speed on unpaved on-site roads to 15 mph
Install sandbags or other erosion control measures to prevent silt runoff to public roadways from sites with a slope greater than one percent
Install windbreaks at windward side(s) of construction areas
Suspend excavation and grading activity when winds exceed 20 mph
Impact 43-2 Operation of the Project would generate exhaust emissions of criteria pollutants from routine operations
Less than Significant
None required
Impact 43-3 The Project could result in permanently disturbed land that would serve as a source of fugitive dust emissions
Less than Significant
None required
Impact 43-4 Construction and decommissioning emissions associated with the Project could result in emissions of ozone precursors and particulate matter that would be cumulatively considerable
Potentially Significant
Mitigation Measure 43-4 Implement Mitigation Measure 43-1 Less than Significant
Impact 43-5 Operation and maintenance of the Project could generate emissions of criteria pollutants that would be cumulatively considerable
Less than Significant
None required
Impact 43-6 The Project would generate emissions of criteria pollutants potentially exposing sensitive receptors to harmful pollutant concentrations
Potentially Significant
Mitigation Measure 43-6 Implement Mitigation Measure 43-1 Less than Significant
Impact 43-7 The Project would generate emissions of Toxic Air Contaminants potentially exposing sensitive receptors to harmful pollutant concentrations
Less than Significant
None required
100
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-10 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Biological Resources
Impact 44-1 Applicant Project activities could result in potential disturbance or loss of Swainsonrsquos hawk and their habitat
Potentially Significant
Mitigation Measure 44-1a Preconstruction Surveys for Swainsonrsquos Hawk If Project-related construction or decommissioning activities are planned to occur during the nesting period (March 1 to September 15) the Applicant shall engage a qualified biologist to conduct preconstruction surveys for Swainsonrsquos hawk and their nests no more than 14 days before the start of construction or decommissioning activities within 025 mile of the Project site where access is available Survey results shall be submitted to CDFG at least three days prior to the start of construction or decommissioning activities If active nests are not identified no further action is required and constructiondecommissioning may proceed If active nests are identified the Applicant shall consult with CDFG to develop and implement suitable avoidance measures consistent with the Staff Report Regarding Mitigation for Impacts to Swainsonrsquos Hawks in the Central Valley of California (CDFG 1994) To avoid impacting breeding efforts no construction or decommissioning activities shall occur between March 1 and September 15 within 500 feet of an active nest that could cause nest abandonment or forced fledging These buffers may be reduced in consultation with CDFG
Depending on conditions specific to each active nest and the relative location and rate of construction or decommissioning activities it may be feasible for such activities to occur as planned within the buffer without impacting the breeding effort In this case (to be determined in consultation with CDFG) the nest(s) shall be monitored by a qualified biologist during construction or decommissioning within the buffer The monitor shall have ldquostop workrdquo authority If in the professional opinion of the monitor Project activities are negatively affecting the nesting behavior of the bird the monitor shall stop all such activities within the designated buffer Construction or decommissioning activities shall not resume until either the monitor has determined that the young have fledged the nest or as otherwise approved by CDFG
With CDFG concurrence construction activities that are initiated outside the nesting season may continue even if raptors choose to nest within 500 feet of work activities Thus work may continue without delay if surveys verify the local absence of nesting raptors or if construction begins outside the nesting period (September 16 to February 28)
Less than Significant
Mitigation Measure 44-1b Reduce Construction Noise Levels If it appears that noise or vibration from vibratory post driving associated with Project construction (or other similar noise-generating construction or decommissioning activity) could affect nesting Swainsonrsquos hawks that arrive after the start of construction specific measures including but not limited to use of noise dissipaters shall be implemented to reduce noise levels During post driving a noise level of no greater than 85 decibels (measured at the nest) shall be used as general guidance for nests that are established after construction
Impact 44-2 MID activities could result in potential disturbance or loss of Swainsonrsquos hawk and their habitat
Potentially Significant
Mitigation Measure 44-2 Avian-safe Transmission Line (MID) Transmission poles should be designed using criteria identified in Avian Power Line Interaction Committee (APLIC 2006)
Less than Significant
101
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-11 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Biological Resources (cont)
Impact 44-3 Project activities could impact other tree-nesting raptors andor protected nesting migratory birds
Potentially Significant
Mitigation Measure 44-3 Preconstruction Raptor Surveys (Applicant) If Project-related construction andor decommissioning activities are to occur during the breeding period for nesting raptors andor protected nesting migratory birds (February 1 through August 31) the Applicant shall engage a qualified biologist to conduct preconstruction surveys of all potential habitat within 500 feet of the Project site no more than 14 days prior to the start of construction or decommissioning activities If active nests are not identified no further action is necessary If active nests are identified during preconstruction surveys a no-disturbance buffer shall be created around active raptor nests and nests of other special-status birds during the breeding season or until it is determined by the qualified biologist that all young have fledged Typical buffers are 500 feet for raptors and 250 feet for other nesting birds (eg waterfowl and passerine birds) The size of these buffer zones and types of construction or decommissioning activities allowed in these areas could be further modified in coordination with CDFG and shall be based on existing noise and disturbance levels in the Project area
Less than Significant
Impact 44-4 Project activities could result in potential disturbance or loss of burrowing owls and their habitat
Potentially Significant
Mitigation Measure 44-4a Preconstruction Burrowing Owl Surveys (Applicant) The Applicant shall engage a qualified biologist to conduct preconstruction surveys for burrowing owls 14 to 30 days prior to the start of construction or decommissioning using the most current CDFG protocol Surveys shall cover grassland areas within a 500-foot buffer from all Project constructiondecommissioning activities that are within suitable grasslands habitat including checking for adult and juvenile burrowing owls and owl nests If owls are detected during surveys occupied burrows shall not be disturbed
Constructiondecommissioning exclusion areas (eg orange exclusion fence or signage) shall be established around the occupied burrows where no disturbance shall be allowed During the nonbreeding season (September 1 through January 31) the exclusion zone shall extend 160 feet around occupied burrows During the breeding season (February 1 through August 31) exclusion areas shall extend 250 feet around occupied burrows
If the above requirements cannot be met passive relocation of on-site owls may be implemented as an alternative but only during the nonbreeding season and only with prior CDFG approval Passive relocation shall be accomplished by installing one-way doors on the entrances of burrows located within 160 feet of the Project area The one-way doors shall be left in place for 48 hours to ensure the owls have left the burrow The burrows shall then be excavated with a qualified biologist present Constructiondecommissioning shall not proceed until the Project area is deemed free of owls by the qualified biologist
Less than Significant
Mitigation Measure 44-4b Preconstruction Burrowing Owl Surveys (MID) Prior to construction MID shall conduct pre-construction surveys for burrowing owl for the sub-transmissiondistribution line and fiber optic cable alignment These surveys shall be conducted using the most up-to-date CDFG published protocols (eg CDFGs 1995 Staff Report on Burrowing Owl Mitigation) If owls are detected during surveys occupied burrows shall not be disturbed
102
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-12 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Cultural and Paleontological Resources
Impact 45-1 The proposed Project could potentially cause an adverse change in the significance of a unique archaeological resource pursuant to sect150645
Potentially Significant
Mitigation Measure 45-1 If Cultural Resources are Discovered During Ground-Disturbing Activities Suspend Work until Resource is Evaluated Prior to the initiation of site preparation or start of construction (and subsequently decommissioning) the Applicant shall retain a qualified professional archaeologist to complete an archaeological resources training program for construction workers involved in grading and excavation activities Training shall include awareness and recognition of archaeological materials and the procedures to follow if construction crews encounter such materials in the course of earthwork excavation or grading If archaeological resources are encountered all activity within 50 feet of the find shall cease until it can be evaluated by a qualified archaeologist Prehistoric archaeological materials could include obsidian and chert flaked-stone tools (eg projectile points knives scrapers) or toolmaking debris culturally darkened soil (ldquomiddenrdquo) containing heat-affected rocks artifacts or shellfish remains and stone milling equipment (eg mortars pestles handstones or milling slabs) and battered stone tools such as hammerstones and pitted stones Historic-period materials could include stone concrete or adobe footings and walls filled wells or privies and deposits of metal glass andor ceramic refuse The archaeologist shall notify the Applicant and MID if the resource may be significant An appropriate treatment plan for the resources shall then be developed by the Applicant for approval by MID The archaeologist shall consult with Native American representatives in determining appropriate treatment for prehistoric or Native American cultural resources if discovered
In considering any suggested mitigation proposed by the archaeologist the Applicant and MID shall determine whether avoidance is feasible in light of factors such as the nature of the find project design costs and other considerations If avoidance is not feasible other appropriate measures (eg data recovery) shall be instituted Work may proceed in other parts of the Project site while mitigation for cultural resources in other areas of the site is being carried out
Less than Significant
Impact 45-2 The proposed Project could potentially destroy a unique paleontological resource or site or unique geologic feature
Potentially Significant
Mitigation Measure 45-2 If Paleontological Resources are Discovered During Ground-Disturbing Activities Suspend Work until Resource is Evaluated Prior to the initiation of site preparation or start of construction (and subsequently decommissioning) the Applicant shall retain a qualified professional paleontologist or a California Registered Professional Geologist (California RPG) with appropriate paleontological expertise as defined by the Society of Vertebrate Paleontologyrsquos Conformable Impact Mitigation Guidelines Committee (SVP 1995 Guidelines) to carry out a paleontological resources training program for construction workers involved in grading and excavation activities Training shall include awareness and recognition of potential fossil materials and the procedures to follow if construction crews encounter fossil materials in the course of earthwork excavation or grading If construction crews discover potential fossils all earthwork or other types of ground disturbance within 50 feet of the find shall stop immediately until the qualified professional paleontologist can assess the nature and importance of the find Based on the scientific value or uniqueness of the find the monitor may record the find and allow work to continue or recommend salvage and recovery of the fossil The Applicant shall require the paleontologist to be ldquoon-callrdquo throughout the duration of ground-disturbing activities
Less than Significant
103
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-13 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Cultural and Paleontological Resources (cont)
Impact 45-3 The proposed Project could potentially disturb any human remains including those interred outside of formal cemeteries
Potentially Significant
Mitigation Measure 45-3 Halt Work if Human Skeletal Remains are Identified During Construction If human skeletal remains are uncovered during Project construction (and subsequently decommissioning) work shall immediately halt within 100 feet of the find The Applicant shall contact the Stanislaus County Coroner to evaluate the remains and shall follow the procedures and protocols set forth in sect150645(e)(1) of the CEQA Guidelines If the County Coroner determines that the remains are Native American the Applicant shall contact the Native American Heritage Commission in accordance with Health and Safety Code Section 70505 subdivision (c) and Public Resources Code 509798 (as amended by AB 2641) The Native American Heritage Commission will designate a Most Likely Descendent of the deceased Native American who will provide recommendations as to the future disposition of the remains
Less than Significant
Energy Conservation
Impact 46-1 The construction operation and maintenance and decommissioning of the Project could result in consumption of energy
Less than Significant
None required
Impact 46-2 Construction operation and maintenance and decommissioning of the Project would require use of transportation energy
Less than Significant
None required
Impact 46-3 The Projectrsquos overall use of efficient transportation alternatives would be limited
Less than Significant
None required
Geology and Soils
Impact 47-1 The Project could expose people or structures to potential adverse effects including the risk of loss injury or death involving strong seismic ground shaking and earthquake-induced ground failure (such as liquefaction and lateral spreading)
Less than Significant
None required
Impact 47-2 The Project could result in soil erosion or loss of topsoil
Less than Significant
None required
Impact 47-3 The Project could be located on expansive soil as defined in Table 18-1-B of the Uniform Building Code (1994) creating risks to life or property
Less than Significant
None required
104
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-14 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Geology and Soils (cont)
Impact 47-4 The Project site could have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater
Less than Significant
None required
Greenhouse Gas Emissions
Impact 48-1 The Project would result in emissions of greenhouse gases that would contribute to global climate change
Less than Significant
None required
Impact 48-2 The Project could conflict with the California Air Resources Boardrsquos Climate Change Scoping Plan
Potentially Significant
Mitigation Measure 48-2 Low SF6 Leak Rate Circuit Breaker and Monitoring The Applicant shall ensure that the circuit breaker installed at the proposed new substation has a guaranteed SF6 annual leak rate of no more than 05 percent by volume The Applicant shall provide Modesto Irrigation District with documentation of compliance such as specification sheets prior to installation of the circuit breaker In addition the Applicant shall monitor the SF6-containing circuit breaker at the substation consistent with Scoping Plan Measure H-6 for the detection and repair of leaks
Less than Significant
Hazards and Hazardous Materials
Impact 49-1 Project construction decommissioning and operationmaintenance could create a hazard to the public or the environment through the routine transport use or disposal of hazardous materials
Less than Significant
None required
Impact 49-2 The Project could result in an accidental spill or leak during construction or decommissioning that could release hazardous materials into the environment
Potentially Significant
Mitigation Measure 49-2 Accidental Spill Prevention and Response Plan The Applicant shall prepare an Accidental Spill Prevention and Response Plan for construction and decommissioning activities for review and approval by Modesto Irrigation District The plan shall identify measures to prevent accidental spills from leaving the site and methods for responding to and cleaning up spills to limit the amount of materials released into the environment Such measures shall include but not be limited to ensuring that absorbent material tarps storage drums and other emergency spill supplies and equipment are kept at the Project site at all times
Less than Significant
Hydrology and Water Quality
Impact 410-1 The Project could potentially degrade water quality such that it could violate water quality standards or waste discharge requirements
Less than Significant
None required
105
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-15 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Hydrology and Water Quality (cont)
Impact 410-2 The Project could alter the existing drainage pattern of the site in a manner that could result in erosion or sedimentation on- or off-site or which could contribute to flooding
Less than Significant
None required
Impact 410-3 The Project could create or contribute runoff water that could exceed the capacity of existing or planned stormwater drainage systems or provide additional sources of polluted runoff
Less than Significant
None required
Impact 410-4 The Project could expose people or structures to a risk of loss injury or death involving flooding including flooding as a result of the failure of a levee or dam
Less than Significant
None required
Land Use and Planning
The Project would have no impacts in this resource area
Mineral Resources
The Project would have no impacts in this resource area
Noise
Impact 413-1 Project-related post driving would result in exposure of persons to groundborne vibration
Less than Significant
None required
Impact 413-2 Operation and maintenance of the Project would increase local ambient noise levels
Less than Significant
None required
Impact 413-3 Project construction and decommissioning activities would temporarily increase local ambient noise levels
Less than Significant
None required
Population and Housing
The Project would have no impacts in this resource area
106
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-16 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Public Services
The Project would have no impacts in this resource area
Recreation
The Project would have no impacts in this resource area
Transportation and Traffic
Impact 417-1 Project construction and decommissioning activities could intermittently and temporarily increase traffic congestion due to vehicle trips generated by construction workers and construction vehicles on area roadways
Potentially Significant
Mitigation Measure 417-1a MID Traffic Control Measures During construction and decommissioning of the sub-transmission and distribution lines and fiber optic cable MID shall implement the following traffic mitigation measures from the 2006 PEIR Update (2006 PEIR Update p 10-6)
1 MID will coordinate design and construction of program facilities with the agencies with jurisdiction including Caltrans counties cities special districts other utilities and the FAA as required
2 MID will obtain any necessary encroachment permits inspections or other approvals from agencies with jurisdiction
2A MID will obtain any necessary approvals and inspections from agencies with jurisdiction
2B MID shall coordinate the design and construction and shall obtain any necessary permits from the County City or State prior to placing any facilities within the public road rights-of-way of those agencies and shall conform to applicable conditions in the encroachment permit
3 MID will utilize all necessary precautions to minimize safety concerns when working within public road rights-of-way Traffic safety cones construction signage or other measures will be used to alert drivers to construction activities
4 Electrical facilities placed within public rights-of-way will comply with applicable standards for avoiding hazards to drivers pedestrians and bicyclists
Less than Significant
Mitigation Measure 417-1b Applicant Construction Traffic Management and Safety Plan Prior to the start of construction (and subsequently decommissioning) of the Project the Applicant shall prepare and implement a Traffic Management and Safety Plan that shall reduce or eliminate impacts associated with the Project The Plan shall adhere to Stanislaus County and Caltrans requirements and shall include at a minimum the following elements
a) Schedule Project-generated construction truck trips on SR 99 SR 108 and SR 219 outside the peak morning and evening commute hours to reduce potential traffic congestion and reduce potential for transit delays during the peak commute periods
107
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-17 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Transportation and Traffic (cont)
Impact 417-1 (cont) b) Comply with transportation permit requirements of Caltrans and CHP when scheduling Project-generated construction truck trips carrying oversized loads In addition provide pre-notification to local police fire and emergency service providers of the timing location and duration of construction activities that could affect the movement of emergency vehicles on area roadways
c) Place signs (eg ldquoSlow Trucksrdquo andor ldquoTrucks Turning Aheadrdquo) along appropriate roads to notify drivers of construction traffic throughout the duration of the construction period
Impact 417-2 The Project could conflict with established congestion management programs on affected roads or highways
Less than Significant
None required
Impact 417-3 Project construction and decommissioning activities could substantially increase traffic hazards due to construction in or adjacent to roads
Potentially Significant
Mitigation Measure 417-3 Implement Mitigation Measures 417-1a and 417-1b Less than Significant
Impact 417-4 The Project could result in inadequate emergency access
Potentially Significant
Mitigation Measure 417-4 Develop an Emergency Access Plan for the Site The Applicant shall develop and implement an Emergency Access Plan which shall include evacuation routes and strategies to ensure accessibility and mobility for project area and emergency vehicles Additional measures include developing an emergency action plan that identifies roles and responsibilities during emergencies and to update the plan regularly
Less than Significant
Utilities and Service Systems
Impact 418-1 The proposed Project would require or result in the construction of new stormwater drainage facilities the construction of which could cause significant environmental effects
Less than Significant
None required
108
109
110
REFERRED TO
YE
S
NO
WILL NOT
HAVE
SIGNIFICANT
IMPACT
MAY HAVE
SIGNIFICANT
IMPACT
NO COMMENT
NON CEQA YE
S
NO
YE
S
NO
AGRICULTURE COMMISSIONER X
AIRPORT LAND USE COMMISSION X
ALLIANCE X
BUILDING PERMITS DIVISION X X X
CALTRANS DISTRICT 10 X
CHIEF EXECUTIVE OFFICE X
CITY OF RIVERBANK X
COOPERATIVE EXTENSION X
CORPS OF ENGINEERS X
COUNTY COUNSEL X
ENVIRONMENTAL RESOURCES X X X
FIRE PROTECTION DIST STANISLAUS
CONSOLIDATED X X X
FISH amp GAME DEPT OF X
HAZARDOUS MATERIALS X
IRRIGATION DISTRICT MODESTO X X X
LAFCO X
MODESTO REGIONAL FIRE AUTHORITY FPB X
MOSQUITO DISTRICT EASTSIDE X
MT VALLEY EMERGENCY MEDICAL X
PACIFIC GAS amp ELECTRIC X
PUBLIC WORKS X X X
REGIONAL WATER QUALITY CONTROL X
SAN JOAQUIN VALLEY APCD X
SCHOOL DISTRICT 1 MODESTO X X X
SCHOOL DISTRICT 2 STANISLAUS X
SHERIFF X
StanCOG X
STANISLAUS COUNTY FARM BUREAU X
STANISLAUS ERC X
STATE CLEARINGHOUSE X
STATE LANDS COMMISSION X
SUPERVISORIAL DISTRICT 4 MONTEITH X
SURROUNDING LAND OWNERS
TELEPHONE COMPANY ATampT X
UNITED STATES MILITARY AGENCIES (SB 1462) (5 agencies) X
US FISH amp WILDLIFE X
X
X
SUMMARY OF RESPONSES FOR USE PERMIT REVIEW REFERRALS
RESPONDED RESPONSEMITIGATION
MEASURESCONDITIONS
PROJECT USE PERMIT APPLICATION NO 2011-10 - McHENRY SOLAR FARM
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
RESPONSIBLE
AGENCY REFERRAL
PUBLIC HEARING
NOTICE
X
X
X
X
X
X
X
X
X
111
f ID= BOARD RESOLUTION hlY1 IIArlel Walfr and POWir
Hawks in the Central Valley of California (CDFG 1994) To avoid impacting breeding efforts no construction or decommissioning activities shall occur between March land September 15 within 500 feet of an active nest that could cause nest abandonment or forced fledging These buffers may be reduced in consultation with CDFG Depending on conditions specific to each active nest and the relative location and rate of construction or decommissioning activities it may be feasible for such activities to occur as planned within the buffer without impacting the breeding effort In this case (to be determined in consultation with CDFG) the nest(s) shall be monitored by a qualified biologist during construction or decommissioning within the buffer The monitor shall have ltstop work authority If in the professional opinion of the monitor Project activities are negatively affecting the nesting behavior of the bird the monitor shall stop all such activities within the designated buffer Construction or decommissioning activities shall not resume until either the monitor has determined that the young have fledged the nest or as otherwise approved by CDFG With CDFG concurrence construction activities that are initiated outside the nesting season may continue even if raptors choose to nest within 500 feet of work activities Thus work may continue without delay if surveys verify the local absence of nesting raptors or if construction begins outside the nesting period (September 16 to February 28)
Mitigation Measure 44-1b Reduce Construction Noise Levels If it appears that noise or vibration from vibratory post driving associated with Project construction (or other similar noise-generating construction or decommissioning activity) could affect nesting Swainsons hawks that arrive after the start of construction specific measures including but not limited to use of noise dissipaters shall be implemented to reduce noise levels During post driving a noise level of no greater than 85 decibels (measured at the nest) shall be used as general guidance for nests that are established after construction
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation of this measure will reduce the potentially significant impact on biological resources
Impact 44-2
Impact 44-2 MID activities could result in potential disturbance or loss of Swainsons hawk and their habitat (DEIR page ES-10)
Mitigation Measure
Mitigation Measure 44-2 Avian-safe Transmission Line MID Transmission poles should be designed using criteria identified in Avian Power line Interaction Committee (APUC 2006)
OOCS_N271545_V4_Boad_AIlenda_Report]o_ The_Mchenrv_Sola_Farm_Poject_c26_11 Rev Dec 2010 89
Mdes Irrlgbullbulllen BOARD RESOLUTION
DItrid- ~lt1IDwater and Powtr
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation of this measure will reduce the potentially significant impact on biological resources
Impact 44-3 Impact 44-3 Project activities could impact other tree-nesting raptors andor protected nesting migratory birds (DEIR page ES-ll)
Mitigation Measure
Mitigation Measure 44-3 Preconstruction Raptor Surveys (Applicant) If Project-related construction andor decommissioning activities are to occur during the breeding period for nesting raptors andor protected nesting migratory birds (February 1 through August 31) the Applicant shall engage a qualified biologist to conduct preconstruction surveys of all potential habitat within 500 feet of the Project site no more than 14 days prior to the start of construction or decommissioning activities If active nests are not identified no further action is necessary If active nests are identified during preconstruction surveys a no-disturbance buffer shall be created around active raptor nests and nests of other special-status birds during the breeding season or until it is determined by the qualified biologist that all young have fledged Typical buffers are 500 feet for raptors and 250 feet for other nesting birds (eg waterfowl and passerine birds) The size of these buffer zones and types of construction or decommissioning activities allowed in these areas could be further modified in coordination with CDFG and shall be based on existing noise and disturbance levels in the Project area
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implernentation ofthis measure will reduce the potentially significant impact on biological resources
Impact 44-4
Impact 44-4 Project activities could result in potential disturbance or loss of burrowing owls and their habitat (DEIS page ES-ll)
Mitigation Measure
Mitigation Measure 44-4a Preconstruction Burrowing Owl Surveys (Applicant) The Applicant shall engage a qualified biologist to conduct preconstruction surveys for burrowing owls 14 to 30 days prior to the start of construction or decommissioning using the most current CDFG protocol Surveys shall cover grassland areas within a SOO-foot buffer from all Project constructiondecommissioning activities that are within suitable grasslands habitat including checking for adult and juvenile burrowing owls and owl nests If owls are detected during
DOCSN271545V4BoardAgendaReportForTheMchenrvSolarJarmProject72611 Rev Dec 2010 90
WID n BOARD RESOLUTION L bl Dltrld WIIIT Irld Ptlwtt
surveys occupied burrows shall not be disturbed Constructiondecommissioning exclusion areas (eg orange exclusion fence or signage) shall be established around the occupied burrows where no disturbance shall be allowed During the nonbreeding season (September 1 through January 31) the exclusion zone shall extend 160 feet around occupied burrows During the breeding season (February 1 through August 31) exclusion areas shall extend 250 feet around occupied burrows If the above requirements cannot be met passive relocation of onshysite owls may be implemented as an alternative but only during the nonbreeding season and only with prior CDFG approval Passive relocation shall be accomplished by installing one-way doors on the entrances of burrows located within 160 feet ofthe Project area The one-way doors shall be left in place for 48 hours to ensure the owls have left the burrow The burrows shall then be excavated with a qualified biologist present Constructiondecommissioning shall not proceed until the Project area is deemed free of owls by the qualified biologist
Mitigation Measure 44-4b Preconstruction Burrowing Owl Surveys (MID) Prior to construction MID shall conduct pre-construction surveys for burrowing owl for the subtransmissiondistribution line and fiber optic cable alignment These surveys shall be conducted using the most up-to-date CDFG published protocols (eg CDFGs 1995 Staff Report on Burrowing Owl Mitigation) If owls are detected during surveys occupied burrows shall not be disturbed
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation ofthis measure will reduce the potentially significant impact on biological resources
Cultural and Paleontological Resources
Impact 45-1
Impact 45-1 The proposed Project could potentially cause an adverse change in the significance of a unique archaeological resource pursuant to sect150645 (DEIR page ES-12)
Mitigation Measure
Mitigation Measure 45-1 If Cultural Resources are Discovered During Ground-Disturbing Activities Suspend Work until Resource is Evaluated Prior to the initiation of site preparation or start of construction (and subsequently decommissioning) the Applicant shall retain a qualified professional archaeologist to complete an archaeological resources training program for construction workers involved in grading and excavation activities Training shall include
awareness and recognition of archaeological materials and the procedures to follow if
construction crews encounter such materials in the course of earthwork excavation or grading If archaeological resources are encountered all activity within 50 feet of the find shall
cease until it can be evaluated by a qualified archaeologist Prehistoric archaeological materials
DOCS_N27154S_V4_Board_Asenda_Report_For_ The_Mchenry _Sol _fam]roject_7_26_11 Rev Dec 2010 91
Motlesto Irrlatlo~lt1ID BOARD RESOLUTIO N
II DIlrld VialfrantJ PCMl
could include obsidian and chert f1aked~stone tools (eg projectile points knives scrapers) or toolmaking debris culturally darkened soil (ilmidden) containing heat~affected rocks artifacts
or shellfish remains and stone milling equipment (eg mortars pestles handstones or milling slabs) and battered stone tools such as hammerstones and pitted stones Historic~period materials could include stone concrete or adobe footings and walls filled wells or privies and
deposits of metal glass andor ceramic refuse The archaeologist shall notify the Applicant and MID if the resource may be significant An appropriate treatment plan for the resources shall then be developed by the Applicant for approval by MID The archaeologist shall consult with Native American representatives in determining appropriate treatment for prehistoric or Native American cultural resources if discovered In considering any suggested mitigation proposed by the archaeologist the Applicant and MID shall determinewhether avoidance is feasible in light of factors such as the nature of the find project design costs and other considerations If avoidance is not feasible other appropriate measures (eg data recovery) shall be instituted Work may proceed in other parts of the Project site while mitigation for cultural resources in other areas of the site is being carried out
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation ofthis measure will reduce the potentially significant impact on unique archaeological resources
Impact 45-2
Impact 45-2 The proposed Project could potentially destroy a unique paleontological resource or site or unique geologic feature (DEIR page ES-12)
Mitigation Measure
Mitigation Measure 45-2 If Paleontological Resources are Discovered During Ground-Disturbing Activities Suspend Work until Resource is Evaluated Prior to the initiation of site preparation or start of construction (and subsequently decommissioning) the Applicant shall retain a qualified profeSSional paleontologist or a California Registered Professional Geologist (California RPG) with appropriate paleontological expertise as defined by the Society of Vertebrate Paleontologys Conformable Impact Mitigation Guidelines Committee (SVP 1995 Guidelines) to carry out a paleontological resources training program for construction workers involved in grading and excavation activities Training shall include awareness and recognition of potential fossil materials and the procedures to follow if construction crews encounter fossil materials in the course of earthwork excavation or grading If construction crews discover potential fossils all earthwork or other types of ground disturbance within 50 feet of the find shall stop immediately until the qualified professional paleontologist can assess the nature and importance of the find Based on the scientific value or uniqueness of the find the monitor may record the find and allow work to continue or recommend salvage and recovery of the fossil The Applicant shall require the paleontologist to be on-call throughout the duration of ground-disturbing activities
DOCS_N27154S_ V4_Boa rd_Agenda_Report]or_The_Mchenry _Solar ]a_ProjecC7_26_11 Rev Dec 2010 92
ID= BOARD RESOLUTION I 11 DlstrldwIltIdPowt
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation of this measure will reduce the potentially significant impact on paleontological resources
Impact 45-3
Impact 45-3 The proposed Project could potentially disturb any human remains including those interred outside of formal cemeteries (DEIR page ESmiddot13)
Mitigation Measure
Mitigation Measure 45-3 Halt Work if Human Skeletal Remains are Identified During Construction If human skeletal remains are uncovered during Project construction (and subsequently decommissioning) work shall immediately halt within 100 feet of the find The Applicant shall contact the Stanislaus County Coroner to evaluate the remains and shall follow the procedures and protocols set forth in sect150645(e(1) of the CEQA Guidelines If the County Coroner determines that the remains are Native American the Applicant shall contact the Native American Heritage Commission in accordance with Health and Safety Code Section 70505 subdivision (c) and Public Resources Code 509798 (as amended by AB 2641) The Native American Heritage Commission will designate a Most Likely Descendent of the deceased Native American who will provide recommendations as to the future disposition ofthe remains
Finding
The Board finds based on substantjal evidence presented in the record of proceedings that implementation of this measure will reduce the potentially Significant impact on human remains
Greenhouse Gas Emissions
Impact 48-2
Impact 48-2 The Project could conflict with the California Air Resources Boards Climate Change Scoping Plan (DEIR page ES-14)
Mitigation Measure
Mitigation Measure 48-2 Low SF6 Leak Rate Circuit Breaker and Monitoring The applicant shall ensure that the circuit breaker installed at the proposed new substation has a guaranteed SF6 annual leak rate of no more than 05 percent by volume The Applicant shall provide MID with documentation of compliance such as specification sheets prior to installation of the circuit breaker In addition the Applicant shall monitor the SF6middotcontaining circuit breaker at the substation consistent with Scoping Plan Measure H-6 for the detection and repair of leaks
OOCSN271545V4BoarltljgendaReportJo rTheMchenry_SolarJarm_Project72611 Rev Dec 2010 93
~MID
Mst Irrl_60 BOARD RESOLUTION
II District Weltr _rut Pampftl
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation ohhis measure will reduce the potentially significant impact on greenhouse gas emissions
Hazards and Hazardous Materials
Impact 49-2
Impact 49-2 The Project could result in an accidental spill or leak during construction or decommissioning that could release hazardous materials into the environment (DEIR page ESshy14)
Mitigation Measure
Mitigation Measure 49-2 Accidental Spill Prevention and Response Plan The Applicant shall prepare an Accidental Spill Prevention and Response Plan for construction and decommissioning activities for review and approval by Modesto Irrigation District The plan shall identify measures to prevent accidental spills from leaving the site and methods for responding to and cleaning up spills to limit the amount of materials released into the environment Such measures shall include but not be limited to ensuring that absorbent material tarps storage drums and other emergency spill supplies and equipment are kept at the Project site at all times
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation of this measure will reduce the potentially significant impact on hazardous materials
Transportation and Traffic
Impact 417-1
Impact 417-1 Project construction and decommissioning activities could intermittently and temporarily increase traffic congestion due to vehicle trips generated by construction workers and construction vehicles on area roadways (DEIR page ES-16)
Mitigation Measure
Mitigation Measure 417-1a MID Traffic Control Measures During construction and decommissioning of the sub-transmission and distribution lines and fiber optic cable MID shall implement the following traffic mitigation measures from the 2006 PEIR Update (2006 PEIR Update p 10-6)
DOCSN271545V4BoadAgendaRepoCForTheMhenrvSolaFarmProJeet72611 Rev Dolt 2010 94
cIbullbulltomiddot Irrlgatlon BOARD RESOLUTION e DistrIct~lt1ID
Wntr and POwtf
1 MID will coordinate design and construction of program facilities with the agencies with jurisdiction including Caltrans counties cities special districts other utilities and the FAA as required
2 MID will obtain any necessary encroachment permits inspections or other approvals from agencies with jurisdiction
2A MID will obtain any necessary approvals and inspections from agencies with jurisdiction
2B MID shall coordinate the design and construction and shall obtain any necessary permits from the County City or State prior to placing any facilities within the public road rights-of-way of those agencies and shall conform to applicable conditions in the encroachment permit
3 MID will utilize all necessary precautions to minimize safety concerns when working within public road rights-of-way Traffic safety cones construction signage or other measures will be used to alert drivers to construction activities
4 Electrical facilities placed within public rights-of-way will comply with applicable standards for avoiding hazards to drivers pedestrians and bicyclists
Mitigation Measure 417-1bApplicant Construction Traffic Management and Safety Plan Prior to the start of construction (and subsequently decommissioning) of the Project the Applicant shall prepare and implement a Traffic Management and Safety Plan that shall reduce or eliminate impacts associated with the Project The Plan shall adhere to Stanislaus County and Caltrans requirements and shall include at a minimum the following elements
a) Schedule Project-generated construction truck trips on SR 99 SR 108 and SR 219 outside the peak morning and evening commute hours to reduce potential traffic congestion and reduce potentia I for transit delays during the p traffic congestion and reduce potential for transit delays during the peak commute periods
b) Comply with transportation permit requirements of Caltrans and CHP when scheduling Project-generated construction truck trips carrying oversized loads In addition provide preshynotification to local police fire and emergency service providers of the timing location and duration of construction activities that could affect the movement of emergency vehicles on area roadways
c) Place signs (eg Slow Trucks andor Trucks Turning Ahead) along appropriate roads to notify drivers of construction traffic throughout the duration of the constructionperiodeak commute periods
DOCSN271545V4Boord_AgendaReportJorThe_MchenrySolaFa rmProject72611 Rev Dec 2010 95
IDn BOARD RESOLUTION~ -bl Dstrld Water lila POwtr
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation ofthis measure will reduce the potentially significant impact on traffic and transportation
Impact 417-3
Impact 417-3 Project construction and decommissioning activities could substantially increase traffic hazards due to construction in or adjacent to roads (DEIR page ES-17)
Mitigation Measure
Mitigation Measure 417-3 Implement Mitigation Measures 417-1a and 417-1b
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation of this measure will reduce the potentially significant impact on traffic and transportation
Impact 417-4
Impact 417-4 The Project could result in inadequate emergency access (DEIR page ES-17)
Mitigation Measure
Mitigation Measure 417-4 Develop an Emergency Access Plan for the Site The Applicant shall develop and implement an Emergency Access Plan which shall include evacuation routes and strategies to ensure accessibility and mobility for project area and emergency vehicles AdditionaI measures include developing an emergency action plan that identifies roles and responsibilities during emergencies and to update the plan regularly
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation of this measure will reduce the potentially significant impact on emergency access
VIII PROJECT ALTERNATIVES
The McHenry Solar Farm Project EIR is a project-specific ErR that evaluated a more than a dozen alternative locations to the proposed site three alternative sub-transmission line interconnection points for the proposed site three alternative solar technologies concentrated solar parabolic trough concentrated solar power tower and thin-film PV and two alternative approaches to the proposed generation of solar energy conservation and demand side management and distributed generation solar Table 1 lists the alternatives that were considered as well as which ones passed and the others that failed the screening analysis that was performed In addition the No Project Alternative was conSidered
DOCSN271545 V4BoardAgend bullbullReporCFor TheMchenry SolarFarmProJect72611 Rev Dec 2010
bull
96
~IDn BOARD RESOLUTION bJlTI District Waterlnd Power
The Final EIR presented the analysis for rejecting the alternative sites The Board independently evaluated this analysis and concurs in the analysis and conclusions presented The answering of the key question (See CEQA Guidelines Section 151266f)(2)A)) the Board finds that the Project does not cause any significant
environmental effect that is not reduced to less than significant with mitigation measures Never the lessl the EIR opted to address alternative sites
Various public comments offered generalized comments on alternatives sites No substantial evidence was presented regarding the feasibility of such sites or the reasonable ability of the Applicant to acquire the sitesl
and substantial evidence was not presented that these alternative sites would lessen all ofthe Projects significant effects to less than significant
DOCS_N271545_V4_Board_Ai n_ReporCFor _The_Mchenry _SolacFarm_Project_7 _26_11 Rev Dec 2010 97
COPIES OF THE DRAFT AND FINAL ENVIRONMENTALIMPACT REPORT AND ARE AVAILABLE FOR REVIEW ATTHE COUNTY PLANNING DEPARTMENT OFFICE OR VIATHE INTERNET AThttpwwwstancountycomplanningplagenda-min-2011shtm HARD COPIES OF ALL EIR DOCUMENTS REFERENCED INTHIS REPORT HAVE BEEN PROVIDED TO EACH MEMBEROF THE PLANNING COMMISSION
98
Executive Summary
McHenry Solar Project ES-8 May 2011 Draft Environmental Impact Report
TABLE ES-1 SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Aesthetics Visual Quality and Light and Glare
Impact 41-1 The Project could degrade the existing visual character or quality of the site and its surroundings
Less than Significant
None required
Impact 41-2 The Project would create a new source of light or glare which could adversely affect daytime or nighttime views in the area
Potentially Significant
Mitigation Measure 41-2 Nighttime Construction Lighting Nighttime construction lighting if required shall be shielded and oriented downward to minimize effects on any nearby receptors Lighting shall be directed toward active construction areas only and shall have the minimum brightness necessary to ensure worker safety
Less than Significant
Agriculture and Forest Resources
Impact 42-1 The Project would temporarily discontinue the current exclusive agricultural use (row crops) of Prime Farmland to a mix of agricultural use (grazing) and non-agricultural use
Less than Significant
None required
Air Quality
Impact 43-1 Construction and decommissioning activities would generate emissions of criteria pollutants including suspended and inhalable particulate matter and equipment exhaust emissions
Potentially Significant
Mitigation Measure 43-1 Implement Dust Control Measures The Applicant shall submit a Dust Control Plan to the APCO for approval prior to start of construction (and subsequently decommissioning) activities The Plan shall cover both Applicant and MID activities and shall require implementation of the following dust control measures
All disturbed areas including storage piles that are not being actively used for construction purposes shall be effectively stabilized of dust emissions using water chemical stabilizersuppressant covered with a tarp or other suitable cover or vegetative ground cover
All on-site unpaved roads and off-site unpaved access roads shall be effectively stabilized of dust emissions using water or chemical stabilizersuppressant
All land clearing grubbing scraping excavation land leveling grading cut and fill and demolition activities shall be effectively controlled of fugitive dust emissions using application of water or by presoaking
When materials are transported off-site all material shall be covered or effectively wetted to limit visible dust emissions and at least six inches of freeboard space from the top of the container shall be maintained
Limit or expeditiously remove trackout (ie accumulation of mud or dirt from Project-related vehicle tires) from adjacent public streets near the Project access points Trackout shall be immediately removed from public streets when it extends 50 or more feet from the Project access points otherwise trackout shall be removed at the end of each workday (The use of dry rotary brushes is expressly prohibited except where preceded or accompanied by sufficient wetting to limit the visible dust emissions)(Use of blower devices is expressly forbidden)
Less than Significant
99
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-9 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Air Quality (cont)
Impact 43-1 (cont) Following the addition of materials to or removal of materials from the surface of outdoor storage piles said piles shall be effectively stabilized of fugitive dust emissions using sufficient water or chemical stabilizersuppressant
Limit traffic speed on unpaved on-site roads to 15 mph
Install sandbags or other erosion control measures to prevent silt runoff to public roadways from sites with a slope greater than one percent
Install windbreaks at windward side(s) of construction areas
Suspend excavation and grading activity when winds exceed 20 mph
Impact 43-2 Operation of the Project would generate exhaust emissions of criteria pollutants from routine operations
Less than Significant
None required
Impact 43-3 The Project could result in permanently disturbed land that would serve as a source of fugitive dust emissions
Less than Significant
None required
Impact 43-4 Construction and decommissioning emissions associated with the Project could result in emissions of ozone precursors and particulate matter that would be cumulatively considerable
Potentially Significant
Mitigation Measure 43-4 Implement Mitigation Measure 43-1 Less than Significant
Impact 43-5 Operation and maintenance of the Project could generate emissions of criteria pollutants that would be cumulatively considerable
Less than Significant
None required
Impact 43-6 The Project would generate emissions of criteria pollutants potentially exposing sensitive receptors to harmful pollutant concentrations
Potentially Significant
Mitigation Measure 43-6 Implement Mitigation Measure 43-1 Less than Significant
Impact 43-7 The Project would generate emissions of Toxic Air Contaminants potentially exposing sensitive receptors to harmful pollutant concentrations
Less than Significant
None required
100
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-10 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Biological Resources
Impact 44-1 Applicant Project activities could result in potential disturbance or loss of Swainsonrsquos hawk and their habitat
Potentially Significant
Mitigation Measure 44-1a Preconstruction Surveys for Swainsonrsquos Hawk If Project-related construction or decommissioning activities are planned to occur during the nesting period (March 1 to September 15) the Applicant shall engage a qualified biologist to conduct preconstruction surveys for Swainsonrsquos hawk and their nests no more than 14 days before the start of construction or decommissioning activities within 025 mile of the Project site where access is available Survey results shall be submitted to CDFG at least three days prior to the start of construction or decommissioning activities If active nests are not identified no further action is required and constructiondecommissioning may proceed If active nests are identified the Applicant shall consult with CDFG to develop and implement suitable avoidance measures consistent with the Staff Report Regarding Mitigation for Impacts to Swainsonrsquos Hawks in the Central Valley of California (CDFG 1994) To avoid impacting breeding efforts no construction or decommissioning activities shall occur between March 1 and September 15 within 500 feet of an active nest that could cause nest abandonment or forced fledging These buffers may be reduced in consultation with CDFG
Depending on conditions specific to each active nest and the relative location and rate of construction or decommissioning activities it may be feasible for such activities to occur as planned within the buffer without impacting the breeding effort In this case (to be determined in consultation with CDFG) the nest(s) shall be monitored by a qualified biologist during construction or decommissioning within the buffer The monitor shall have ldquostop workrdquo authority If in the professional opinion of the monitor Project activities are negatively affecting the nesting behavior of the bird the monitor shall stop all such activities within the designated buffer Construction or decommissioning activities shall not resume until either the monitor has determined that the young have fledged the nest or as otherwise approved by CDFG
With CDFG concurrence construction activities that are initiated outside the nesting season may continue even if raptors choose to nest within 500 feet of work activities Thus work may continue without delay if surveys verify the local absence of nesting raptors or if construction begins outside the nesting period (September 16 to February 28)
Less than Significant
Mitigation Measure 44-1b Reduce Construction Noise Levels If it appears that noise or vibration from vibratory post driving associated with Project construction (or other similar noise-generating construction or decommissioning activity) could affect nesting Swainsonrsquos hawks that arrive after the start of construction specific measures including but not limited to use of noise dissipaters shall be implemented to reduce noise levels During post driving a noise level of no greater than 85 decibels (measured at the nest) shall be used as general guidance for nests that are established after construction
Impact 44-2 MID activities could result in potential disturbance or loss of Swainsonrsquos hawk and their habitat
Potentially Significant
Mitigation Measure 44-2 Avian-safe Transmission Line (MID) Transmission poles should be designed using criteria identified in Avian Power Line Interaction Committee (APLIC 2006)
Less than Significant
101
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-11 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Biological Resources (cont)
Impact 44-3 Project activities could impact other tree-nesting raptors andor protected nesting migratory birds
Potentially Significant
Mitigation Measure 44-3 Preconstruction Raptor Surveys (Applicant) If Project-related construction andor decommissioning activities are to occur during the breeding period for nesting raptors andor protected nesting migratory birds (February 1 through August 31) the Applicant shall engage a qualified biologist to conduct preconstruction surveys of all potential habitat within 500 feet of the Project site no more than 14 days prior to the start of construction or decommissioning activities If active nests are not identified no further action is necessary If active nests are identified during preconstruction surveys a no-disturbance buffer shall be created around active raptor nests and nests of other special-status birds during the breeding season or until it is determined by the qualified biologist that all young have fledged Typical buffers are 500 feet for raptors and 250 feet for other nesting birds (eg waterfowl and passerine birds) The size of these buffer zones and types of construction or decommissioning activities allowed in these areas could be further modified in coordination with CDFG and shall be based on existing noise and disturbance levels in the Project area
Less than Significant
Impact 44-4 Project activities could result in potential disturbance or loss of burrowing owls and their habitat
Potentially Significant
Mitigation Measure 44-4a Preconstruction Burrowing Owl Surveys (Applicant) The Applicant shall engage a qualified biologist to conduct preconstruction surveys for burrowing owls 14 to 30 days prior to the start of construction or decommissioning using the most current CDFG protocol Surveys shall cover grassland areas within a 500-foot buffer from all Project constructiondecommissioning activities that are within suitable grasslands habitat including checking for adult and juvenile burrowing owls and owl nests If owls are detected during surveys occupied burrows shall not be disturbed
Constructiondecommissioning exclusion areas (eg orange exclusion fence or signage) shall be established around the occupied burrows where no disturbance shall be allowed During the nonbreeding season (September 1 through January 31) the exclusion zone shall extend 160 feet around occupied burrows During the breeding season (February 1 through August 31) exclusion areas shall extend 250 feet around occupied burrows
If the above requirements cannot be met passive relocation of on-site owls may be implemented as an alternative but only during the nonbreeding season and only with prior CDFG approval Passive relocation shall be accomplished by installing one-way doors on the entrances of burrows located within 160 feet of the Project area The one-way doors shall be left in place for 48 hours to ensure the owls have left the burrow The burrows shall then be excavated with a qualified biologist present Constructiondecommissioning shall not proceed until the Project area is deemed free of owls by the qualified biologist
Less than Significant
Mitigation Measure 44-4b Preconstruction Burrowing Owl Surveys (MID) Prior to construction MID shall conduct pre-construction surveys for burrowing owl for the sub-transmissiondistribution line and fiber optic cable alignment These surveys shall be conducted using the most up-to-date CDFG published protocols (eg CDFGs 1995 Staff Report on Burrowing Owl Mitigation) If owls are detected during surveys occupied burrows shall not be disturbed
102
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-12 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Cultural and Paleontological Resources
Impact 45-1 The proposed Project could potentially cause an adverse change in the significance of a unique archaeological resource pursuant to sect150645
Potentially Significant
Mitigation Measure 45-1 If Cultural Resources are Discovered During Ground-Disturbing Activities Suspend Work until Resource is Evaluated Prior to the initiation of site preparation or start of construction (and subsequently decommissioning) the Applicant shall retain a qualified professional archaeologist to complete an archaeological resources training program for construction workers involved in grading and excavation activities Training shall include awareness and recognition of archaeological materials and the procedures to follow if construction crews encounter such materials in the course of earthwork excavation or grading If archaeological resources are encountered all activity within 50 feet of the find shall cease until it can be evaluated by a qualified archaeologist Prehistoric archaeological materials could include obsidian and chert flaked-stone tools (eg projectile points knives scrapers) or toolmaking debris culturally darkened soil (ldquomiddenrdquo) containing heat-affected rocks artifacts or shellfish remains and stone milling equipment (eg mortars pestles handstones or milling slabs) and battered stone tools such as hammerstones and pitted stones Historic-period materials could include stone concrete or adobe footings and walls filled wells or privies and deposits of metal glass andor ceramic refuse The archaeologist shall notify the Applicant and MID if the resource may be significant An appropriate treatment plan for the resources shall then be developed by the Applicant for approval by MID The archaeologist shall consult with Native American representatives in determining appropriate treatment for prehistoric or Native American cultural resources if discovered
In considering any suggested mitigation proposed by the archaeologist the Applicant and MID shall determine whether avoidance is feasible in light of factors such as the nature of the find project design costs and other considerations If avoidance is not feasible other appropriate measures (eg data recovery) shall be instituted Work may proceed in other parts of the Project site while mitigation for cultural resources in other areas of the site is being carried out
Less than Significant
Impact 45-2 The proposed Project could potentially destroy a unique paleontological resource or site or unique geologic feature
Potentially Significant
Mitigation Measure 45-2 If Paleontological Resources are Discovered During Ground-Disturbing Activities Suspend Work until Resource is Evaluated Prior to the initiation of site preparation or start of construction (and subsequently decommissioning) the Applicant shall retain a qualified professional paleontologist or a California Registered Professional Geologist (California RPG) with appropriate paleontological expertise as defined by the Society of Vertebrate Paleontologyrsquos Conformable Impact Mitigation Guidelines Committee (SVP 1995 Guidelines) to carry out a paleontological resources training program for construction workers involved in grading and excavation activities Training shall include awareness and recognition of potential fossil materials and the procedures to follow if construction crews encounter fossil materials in the course of earthwork excavation or grading If construction crews discover potential fossils all earthwork or other types of ground disturbance within 50 feet of the find shall stop immediately until the qualified professional paleontologist can assess the nature and importance of the find Based on the scientific value or uniqueness of the find the monitor may record the find and allow work to continue or recommend salvage and recovery of the fossil The Applicant shall require the paleontologist to be ldquoon-callrdquo throughout the duration of ground-disturbing activities
Less than Significant
103
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-13 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Cultural and Paleontological Resources (cont)
Impact 45-3 The proposed Project could potentially disturb any human remains including those interred outside of formal cemeteries
Potentially Significant
Mitigation Measure 45-3 Halt Work if Human Skeletal Remains are Identified During Construction If human skeletal remains are uncovered during Project construction (and subsequently decommissioning) work shall immediately halt within 100 feet of the find The Applicant shall contact the Stanislaus County Coroner to evaluate the remains and shall follow the procedures and protocols set forth in sect150645(e)(1) of the CEQA Guidelines If the County Coroner determines that the remains are Native American the Applicant shall contact the Native American Heritage Commission in accordance with Health and Safety Code Section 70505 subdivision (c) and Public Resources Code 509798 (as amended by AB 2641) The Native American Heritage Commission will designate a Most Likely Descendent of the deceased Native American who will provide recommendations as to the future disposition of the remains
Less than Significant
Energy Conservation
Impact 46-1 The construction operation and maintenance and decommissioning of the Project could result in consumption of energy
Less than Significant
None required
Impact 46-2 Construction operation and maintenance and decommissioning of the Project would require use of transportation energy
Less than Significant
None required
Impact 46-3 The Projectrsquos overall use of efficient transportation alternatives would be limited
Less than Significant
None required
Geology and Soils
Impact 47-1 The Project could expose people or structures to potential adverse effects including the risk of loss injury or death involving strong seismic ground shaking and earthquake-induced ground failure (such as liquefaction and lateral spreading)
Less than Significant
None required
Impact 47-2 The Project could result in soil erosion or loss of topsoil
Less than Significant
None required
Impact 47-3 The Project could be located on expansive soil as defined in Table 18-1-B of the Uniform Building Code (1994) creating risks to life or property
Less than Significant
None required
104
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-14 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Geology and Soils (cont)
Impact 47-4 The Project site could have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater
Less than Significant
None required
Greenhouse Gas Emissions
Impact 48-1 The Project would result in emissions of greenhouse gases that would contribute to global climate change
Less than Significant
None required
Impact 48-2 The Project could conflict with the California Air Resources Boardrsquos Climate Change Scoping Plan
Potentially Significant
Mitigation Measure 48-2 Low SF6 Leak Rate Circuit Breaker and Monitoring The Applicant shall ensure that the circuit breaker installed at the proposed new substation has a guaranteed SF6 annual leak rate of no more than 05 percent by volume The Applicant shall provide Modesto Irrigation District with documentation of compliance such as specification sheets prior to installation of the circuit breaker In addition the Applicant shall monitor the SF6-containing circuit breaker at the substation consistent with Scoping Plan Measure H-6 for the detection and repair of leaks
Less than Significant
Hazards and Hazardous Materials
Impact 49-1 Project construction decommissioning and operationmaintenance could create a hazard to the public or the environment through the routine transport use or disposal of hazardous materials
Less than Significant
None required
Impact 49-2 The Project could result in an accidental spill or leak during construction or decommissioning that could release hazardous materials into the environment
Potentially Significant
Mitigation Measure 49-2 Accidental Spill Prevention and Response Plan The Applicant shall prepare an Accidental Spill Prevention and Response Plan for construction and decommissioning activities for review and approval by Modesto Irrigation District The plan shall identify measures to prevent accidental spills from leaving the site and methods for responding to and cleaning up spills to limit the amount of materials released into the environment Such measures shall include but not be limited to ensuring that absorbent material tarps storage drums and other emergency spill supplies and equipment are kept at the Project site at all times
Less than Significant
Hydrology and Water Quality
Impact 410-1 The Project could potentially degrade water quality such that it could violate water quality standards or waste discharge requirements
Less than Significant
None required
105
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-15 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Hydrology and Water Quality (cont)
Impact 410-2 The Project could alter the existing drainage pattern of the site in a manner that could result in erosion or sedimentation on- or off-site or which could contribute to flooding
Less than Significant
None required
Impact 410-3 The Project could create or contribute runoff water that could exceed the capacity of existing or planned stormwater drainage systems or provide additional sources of polluted runoff
Less than Significant
None required
Impact 410-4 The Project could expose people or structures to a risk of loss injury or death involving flooding including flooding as a result of the failure of a levee or dam
Less than Significant
None required
Land Use and Planning
The Project would have no impacts in this resource area
Mineral Resources
The Project would have no impacts in this resource area
Noise
Impact 413-1 Project-related post driving would result in exposure of persons to groundborne vibration
Less than Significant
None required
Impact 413-2 Operation and maintenance of the Project would increase local ambient noise levels
Less than Significant
None required
Impact 413-3 Project construction and decommissioning activities would temporarily increase local ambient noise levels
Less than Significant
None required
Population and Housing
The Project would have no impacts in this resource area
106
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-16 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Public Services
The Project would have no impacts in this resource area
Recreation
The Project would have no impacts in this resource area
Transportation and Traffic
Impact 417-1 Project construction and decommissioning activities could intermittently and temporarily increase traffic congestion due to vehicle trips generated by construction workers and construction vehicles on area roadways
Potentially Significant
Mitigation Measure 417-1a MID Traffic Control Measures During construction and decommissioning of the sub-transmission and distribution lines and fiber optic cable MID shall implement the following traffic mitigation measures from the 2006 PEIR Update (2006 PEIR Update p 10-6)
1 MID will coordinate design and construction of program facilities with the agencies with jurisdiction including Caltrans counties cities special districts other utilities and the FAA as required
2 MID will obtain any necessary encroachment permits inspections or other approvals from agencies with jurisdiction
2A MID will obtain any necessary approvals and inspections from agencies with jurisdiction
2B MID shall coordinate the design and construction and shall obtain any necessary permits from the County City or State prior to placing any facilities within the public road rights-of-way of those agencies and shall conform to applicable conditions in the encroachment permit
3 MID will utilize all necessary precautions to minimize safety concerns when working within public road rights-of-way Traffic safety cones construction signage or other measures will be used to alert drivers to construction activities
4 Electrical facilities placed within public rights-of-way will comply with applicable standards for avoiding hazards to drivers pedestrians and bicyclists
Less than Significant
Mitigation Measure 417-1b Applicant Construction Traffic Management and Safety Plan Prior to the start of construction (and subsequently decommissioning) of the Project the Applicant shall prepare and implement a Traffic Management and Safety Plan that shall reduce or eliminate impacts associated with the Project The Plan shall adhere to Stanislaus County and Caltrans requirements and shall include at a minimum the following elements
a) Schedule Project-generated construction truck trips on SR 99 SR 108 and SR 219 outside the peak morning and evening commute hours to reduce potential traffic congestion and reduce potential for transit delays during the peak commute periods
107
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-17 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Transportation and Traffic (cont)
Impact 417-1 (cont) b) Comply with transportation permit requirements of Caltrans and CHP when scheduling Project-generated construction truck trips carrying oversized loads In addition provide pre-notification to local police fire and emergency service providers of the timing location and duration of construction activities that could affect the movement of emergency vehicles on area roadways
c) Place signs (eg ldquoSlow Trucksrdquo andor ldquoTrucks Turning Aheadrdquo) along appropriate roads to notify drivers of construction traffic throughout the duration of the construction period
Impact 417-2 The Project could conflict with established congestion management programs on affected roads or highways
Less than Significant
None required
Impact 417-3 Project construction and decommissioning activities could substantially increase traffic hazards due to construction in or adjacent to roads
Potentially Significant
Mitigation Measure 417-3 Implement Mitigation Measures 417-1a and 417-1b Less than Significant
Impact 417-4 The Project could result in inadequate emergency access
Potentially Significant
Mitigation Measure 417-4 Develop an Emergency Access Plan for the Site The Applicant shall develop and implement an Emergency Access Plan which shall include evacuation routes and strategies to ensure accessibility and mobility for project area and emergency vehicles Additional measures include developing an emergency action plan that identifies roles and responsibilities during emergencies and to update the plan regularly
Less than Significant
Utilities and Service Systems
Impact 418-1 The proposed Project would require or result in the construction of new stormwater drainage facilities the construction of which could cause significant environmental effects
Less than Significant
None required
108
109
110
REFERRED TO
YE
S
NO
WILL NOT
HAVE
SIGNIFICANT
IMPACT
MAY HAVE
SIGNIFICANT
IMPACT
NO COMMENT
NON CEQA YE
S
NO
YE
S
NO
AGRICULTURE COMMISSIONER X
AIRPORT LAND USE COMMISSION X
ALLIANCE X
BUILDING PERMITS DIVISION X X X
CALTRANS DISTRICT 10 X
CHIEF EXECUTIVE OFFICE X
CITY OF RIVERBANK X
COOPERATIVE EXTENSION X
CORPS OF ENGINEERS X
COUNTY COUNSEL X
ENVIRONMENTAL RESOURCES X X X
FIRE PROTECTION DIST STANISLAUS
CONSOLIDATED X X X
FISH amp GAME DEPT OF X
HAZARDOUS MATERIALS X
IRRIGATION DISTRICT MODESTO X X X
LAFCO X
MODESTO REGIONAL FIRE AUTHORITY FPB X
MOSQUITO DISTRICT EASTSIDE X
MT VALLEY EMERGENCY MEDICAL X
PACIFIC GAS amp ELECTRIC X
PUBLIC WORKS X X X
REGIONAL WATER QUALITY CONTROL X
SAN JOAQUIN VALLEY APCD X
SCHOOL DISTRICT 1 MODESTO X X X
SCHOOL DISTRICT 2 STANISLAUS X
SHERIFF X
StanCOG X
STANISLAUS COUNTY FARM BUREAU X
STANISLAUS ERC X
STATE CLEARINGHOUSE X
STATE LANDS COMMISSION X
SUPERVISORIAL DISTRICT 4 MONTEITH X
SURROUNDING LAND OWNERS
TELEPHONE COMPANY ATampT X
UNITED STATES MILITARY AGENCIES (SB 1462) (5 agencies) X
US FISH amp WILDLIFE X
X
X
SUMMARY OF RESPONSES FOR USE PERMIT REVIEW REFERRALS
RESPONDED RESPONSEMITIGATION
MEASURESCONDITIONS
PROJECT USE PERMIT APPLICATION NO 2011-10 - McHENRY SOLAR FARM
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
RESPONSIBLE
AGENCY REFERRAL
PUBLIC HEARING
NOTICE
X
X
X
X
X
X
X
X
X
111
Mdes Irrlgbullbulllen BOARD RESOLUTION
DItrid- ~lt1IDwater and Powtr
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation of this measure will reduce the potentially significant impact on biological resources
Impact 44-3 Impact 44-3 Project activities could impact other tree-nesting raptors andor protected nesting migratory birds (DEIR page ES-ll)
Mitigation Measure
Mitigation Measure 44-3 Preconstruction Raptor Surveys (Applicant) If Project-related construction andor decommissioning activities are to occur during the breeding period for nesting raptors andor protected nesting migratory birds (February 1 through August 31) the Applicant shall engage a qualified biologist to conduct preconstruction surveys of all potential habitat within 500 feet of the Project site no more than 14 days prior to the start of construction or decommissioning activities If active nests are not identified no further action is necessary If active nests are identified during preconstruction surveys a no-disturbance buffer shall be created around active raptor nests and nests of other special-status birds during the breeding season or until it is determined by the qualified biologist that all young have fledged Typical buffers are 500 feet for raptors and 250 feet for other nesting birds (eg waterfowl and passerine birds) The size of these buffer zones and types of construction or decommissioning activities allowed in these areas could be further modified in coordination with CDFG and shall be based on existing noise and disturbance levels in the Project area
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implernentation ofthis measure will reduce the potentially significant impact on biological resources
Impact 44-4
Impact 44-4 Project activities could result in potential disturbance or loss of burrowing owls and their habitat (DEIS page ES-ll)
Mitigation Measure
Mitigation Measure 44-4a Preconstruction Burrowing Owl Surveys (Applicant) The Applicant shall engage a qualified biologist to conduct preconstruction surveys for burrowing owls 14 to 30 days prior to the start of construction or decommissioning using the most current CDFG protocol Surveys shall cover grassland areas within a SOO-foot buffer from all Project constructiondecommissioning activities that are within suitable grasslands habitat including checking for adult and juvenile burrowing owls and owl nests If owls are detected during
DOCSN271545V4BoardAgendaReportForTheMchenrvSolarJarmProject72611 Rev Dec 2010 90
WID n BOARD RESOLUTION L bl Dltrld WIIIT Irld Ptlwtt
surveys occupied burrows shall not be disturbed Constructiondecommissioning exclusion areas (eg orange exclusion fence or signage) shall be established around the occupied burrows where no disturbance shall be allowed During the nonbreeding season (September 1 through January 31) the exclusion zone shall extend 160 feet around occupied burrows During the breeding season (February 1 through August 31) exclusion areas shall extend 250 feet around occupied burrows If the above requirements cannot be met passive relocation of onshysite owls may be implemented as an alternative but only during the nonbreeding season and only with prior CDFG approval Passive relocation shall be accomplished by installing one-way doors on the entrances of burrows located within 160 feet ofthe Project area The one-way doors shall be left in place for 48 hours to ensure the owls have left the burrow The burrows shall then be excavated with a qualified biologist present Constructiondecommissioning shall not proceed until the Project area is deemed free of owls by the qualified biologist
Mitigation Measure 44-4b Preconstruction Burrowing Owl Surveys (MID) Prior to construction MID shall conduct pre-construction surveys for burrowing owl for the subtransmissiondistribution line and fiber optic cable alignment These surveys shall be conducted using the most up-to-date CDFG published protocols (eg CDFGs 1995 Staff Report on Burrowing Owl Mitigation) If owls are detected during surveys occupied burrows shall not be disturbed
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation ofthis measure will reduce the potentially significant impact on biological resources
Cultural and Paleontological Resources
Impact 45-1
Impact 45-1 The proposed Project could potentially cause an adverse change in the significance of a unique archaeological resource pursuant to sect150645 (DEIR page ES-12)
Mitigation Measure
Mitigation Measure 45-1 If Cultural Resources are Discovered During Ground-Disturbing Activities Suspend Work until Resource is Evaluated Prior to the initiation of site preparation or start of construction (and subsequently decommissioning) the Applicant shall retain a qualified professional archaeologist to complete an archaeological resources training program for construction workers involved in grading and excavation activities Training shall include
awareness and recognition of archaeological materials and the procedures to follow if
construction crews encounter such materials in the course of earthwork excavation or grading If archaeological resources are encountered all activity within 50 feet of the find shall
cease until it can be evaluated by a qualified archaeologist Prehistoric archaeological materials
DOCS_N27154S_V4_Board_Asenda_Report_For_ The_Mchenry _Sol _fam]roject_7_26_11 Rev Dec 2010 91
Motlesto Irrlatlo~lt1ID BOARD RESOLUTIO N
II DIlrld VialfrantJ PCMl
could include obsidian and chert f1aked~stone tools (eg projectile points knives scrapers) or toolmaking debris culturally darkened soil (ilmidden) containing heat~affected rocks artifacts
or shellfish remains and stone milling equipment (eg mortars pestles handstones or milling slabs) and battered stone tools such as hammerstones and pitted stones Historic~period materials could include stone concrete or adobe footings and walls filled wells or privies and
deposits of metal glass andor ceramic refuse The archaeologist shall notify the Applicant and MID if the resource may be significant An appropriate treatment plan for the resources shall then be developed by the Applicant for approval by MID The archaeologist shall consult with Native American representatives in determining appropriate treatment for prehistoric or Native American cultural resources if discovered In considering any suggested mitigation proposed by the archaeologist the Applicant and MID shall determinewhether avoidance is feasible in light of factors such as the nature of the find project design costs and other considerations If avoidance is not feasible other appropriate measures (eg data recovery) shall be instituted Work may proceed in other parts of the Project site while mitigation for cultural resources in other areas of the site is being carried out
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation ofthis measure will reduce the potentially significant impact on unique archaeological resources
Impact 45-2
Impact 45-2 The proposed Project could potentially destroy a unique paleontological resource or site or unique geologic feature (DEIR page ES-12)
Mitigation Measure
Mitigation Measure 45-2 If Paleontological Resources are Discovered During Ground-Disturbing Activities Suspend Work until Resource is Evaluated Prior to the initiation of site preparation or start of construction (and subsequently decommissioning) the Applicant shall retain a qualified profeSSional paleontologist or a California Registered Professional Geologist (California RPG) with appropriate paleontological expertise as defined by the Society of Vertebrate Paleontologys Conformable Impact Mitigation Guidelines Committee (SVP 1995 Guidelines) to carry out a paleontological resources training program for construction workers involved in grading and excavation activities Training shall include awareness and recognition of potential fossil materials and the procedures to follow if construction crews encounter fossil materials in the course of earthwork excavation or grading If construction crews discover potential fossils all earthwork or other types of ground disturbance within 50 feet of the find shall stop immediately until the qualified professional paleontologist can assess the nature and importance of the find Based on the scientific value or uniqueness of the find the monitor may record the find and allow work to continue or recommend salvage and recovery of the fossil The Applicant shall require the paleontologist to be on-call throughout the duration of ground-disturbing activities
DOCS_N27154S_ V4_Boa rd_Agenda_Report]or_The_Mchenry _Solar ]a_ProjecC7_26_11 Rev Dec 2010 92
ID= BOARD RESOLUTION I 11 DlstrldwIltIdPowt
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation of this measure will reduce the potentially significant impact on paleontological resources
Impact 45-3
Impact 45-3 The proposed Project could potentially disturb any human remains including those interred outside of formal cemeteries (DEIR page ESmiddot13)
Mitigation Measure
Mitigation Measure 45-3 Halt Work if Human Skeletal Remains are Identified During Construction If human skeletal remains are uncovered during Project construction (and subsequently decommissioning) work shall immediately halt within 100 feet of the find The Applicant shall contact the Stanislaus County Coroner to evaluate the remains and shall follow the procedures and protocols set forth in sect150645(e(1) of the CEQA Guidelines If the County Coroner determines that the remains are Native American the Applicant shall contact the Native American Heritage Commission in accordance with Health and Safety Code Section 70505 subdivision (c) and Public Resources Code 509798 (as amended by AB 2641) The Native American Heritage Commission will designate a Most Likely Descendent of the deceased Native American who will provide recommendations as to the future disposition ofthe remains
Finding
The Board finds based on substantjal evidence presented in the record of proceedings that implementation of this measure will reduce the potentially Significant impact on human remains
Greenhouse Gas Emissions
Impact 48-2
Impact 48-2 The Project could conflict with the California Air Resources Boards Climate Change Scoping Plan (DEIR page ES-14)
Mitigation Measure
Mitigation Measure 48-2 Low SF6 Leak Rate Circuit Breaker and Monitoring The applicant shall ensure that the circuit breaker installed at the proposed new substation has a guaranteed SF6 annual leak rate of no more than 05 percent by volume The Applicant shall provide MID with documentation of compliance such as specification sheets prior to installation of the circuit breaker In addition the Applicant shall monitor the SF6middotcontaining circuit breaker at the substation consistent with Scoping Plan Measure H-6 for the detection and repair of leaks
OOCSN271545V4BoarltljgendaReportJo rTheMchenry_SolarJarm_Project72611 Rev Dec 2010 93
~MID
Mst Irrl_60 BOARD RESOLUTION
II District Weltr _rut Pampftl
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation ohhis measure will reduce the potentially significant impact on greenhouse gas emissions
Hazards and Hazardous Materials
Impact 49-2
Impact 49-2 The Project could result in an accidental spill or leak during construction or decommissioning that could release hazardous materials into the environment (DEIR page ESshy14)
Mitigation Measure
Mitigation Measure 49-2 Accidental Spill Prevention and Response Plan The Applicant shall prepare an Accidental Spill Prevention and Response Plan for construction and decommissioning activities for review and approval by Modesto Irrigation District The plan shall identify measures to prevent accidental spills from leaving the site and methods for responding to and cleaning up spills to limit the amount of materials released into the environment Such measures shall include but not be limited to ensuring that absorbent material tarps storage drums and other emergency spill supplies and equipment are kept at the Project site at all times
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation of this measure will reduce the potentially significant impact on hazardous materials
Transportation and Traffic
Impact 417-1
Impact 417-1 Project construction and decommissioning activities could intermittently and temporarily increase traffic congestion due to vehicle trips generated by construction workers and construction vehicles on area roadways (DEIR page ES-16)
Mitigation Measure
Mitigation Measure 417-1a MID Traffic Control Measures During construction and decommissioning of the sub-transmission and distribution lines and fiber optic cable MID shall implement the following traffic mitigation measures from the 2006 PEIR Update (2006 PEIR Update p 10-6)
DOCSN271545V4BoadAgendaRepoCForTheMhenrvSolaFarmProJeet72611 Rev Dolt 2010 94
cIbullbulltomiddot Irrlgatlon BOARD RESOLUTION e DistrIct~lt1ID
Wntr and POwtf
1 MID will coordinate design and construction of program facilities with the agencies with jurisdiction including Caltrans counties cities special districts other utilities and the FAA as required
2 MID will obtain any necessary encroachment permits inspections or other approvals from agencies with jurisdiction
2A MID will obtain any necessary approvals and inspections from agencies with jurisdiction
2B MID shall coordinate the design and construction and shall obtain any necessary permits from the County City or State prior to placing any facilities within the public road rights-of-way of those agencies and shall conform to applicable conditions in the encroachment permit
3 MID will utilize all necessary precautions to minimize safety concerns when working within public road rights-of-way Traffic safety cones construction signage or other measures will be used to alert drivers to construction activities
4 Electrical facilities placed within public rights-of-way will comply with applicable standards for avoiding hazards to drivers pedestrians and bicyclists
Mitigation Measure 417-1bApplicant Construction Traffic Management and Safety Plan Prior to the start of construction (and subsequently decommissioning) of the Project the Applicant shall prepare and implement a Traffic Management and Safety Plan that shall reduce or eliminate impacts associated with the Project The Plan shall adhere to Stanislaus County and Caltrans requirements and shall include at a minimum the following elements
a) Schedule Project-generated construction truck trips on SR 99 SR 108 and SR 219 outside the peak morning and evening commute hours to reduce potential traffic congestion and reduce potentia I for transit delays during the p traffic congestion and reduce potential for transit delays during the peak commute periods
b) Comply with transportation permit requirements of Caltrans and CHP when scheduling Project-generated construction truck trips carrying oversized loads In addition provide preshynotification to local police fire and emergency service providers of the timing location and duration of construction activities that could affect the movement of emergency vehicles on area roadways
c) Place signs (eg Slow Trucks andor Trucks Turning Ahead) along appropriate roads to notify drivers of construction traffic throughout the duration of the constructionperiodeak commute periods
DOCSN271545V4Boord_AgendaReportJorThe_MchenrySolaFa rmProject72611 Rev Dec 2010 95
IDn BOARD RESOLUTION~ -bl Dstrld Water lila POwtr
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation ofthis measure will reduce the potentially significant impact on traffic and transportation
Impact 417-3
Impact 417-3 Project construction and decommissioning activities could substantially increase traffic hazards due to construction in or adjacent to roads (DEIR page ES-17)
Mitigation Measure
Mitigation Measure 417-3 Implement Mitigation Measures 417-1a and 417-1b
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation of this measure will reduce the potentially significant impact on traffic and transportation
Impact 417-4
Impact 417-4 The Project could result in inadequate emergency access (DEIR page ES-17)
Mitigation Measure
Mitigation Measure 417-4 Develop an Emergency Access Plan for the Site The Applicant shall develop and implement an Emergency Access Plan which shall include evacuation routes and strategies to ensure accessibility and mobility for project area and emergency vehicles AdditionaI measures include developing an emergency action plan that identifies roles and responsibilities during emergencies and to update the plan regularly
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation of this measure will reduce the potentially significant impact on emergency access
VIII PROJECT ALTERNATIVES
The McHenry Solar Farm Project EIR is a project-specific ErR that evaluated a more than a dozen alternative locations to the proposed site three alternative sub-transmission line interconnection points for the proposed site three alternative solar technologies concentrated solar parabolic trough concentrated solar power tower and thin-film PV and two alternative approaches to the proposed generation of solar energy conservation and demand side management and distributed generation solar Table 1 lists the alternatives that were considered as well as which ones passed and the others that failed the screening analysis that was performed In addition the No Project Alternative was conSidered
DOCSN271545 V4BoardAgend bullbullReporCFor TheMchenry SolarFarmProJect72611 Rev Dec 2010
bull
96
~IDn BOARD RESOLUTION bJlTI District Waterlnd Power
The Final EIR presented the analysis for rejecting the alternative sites The Board independently evaluated this analysis and concurs in the analysis and conclusions presented The answering of the key question (See CEQA Guidelines Section 151266f)(2)A)) the Board finds that the Project does not cause any significant
environmental effect that is not reduced to less than significant with mitigation measures Never the lessl the EIR opted to address alternative sites
Various public comments offered generalized comments on alternatives sites No substantial evidence was presented regarding the feasibility of such sites or the reasonable ability of the Applicant to acquire the sitesl
and substantial evidence was not presented that these alternative sites would lessen all ofthe Projects significant effects to less than significant
DOCS_N271545_V4_Board_Ai n_ReporCFor _The_Mchenry _SolacFarm_Project_7 _26_11 Rev Dec 2010 97
COPIES OF THE DRAFT AND FINAL ENVIRONMENTALIMPACT REPORT AND ARE AVAILABLE FOR REVIEW ATTHE COUNTY PLANNING DEPARTMENT OFFICE OR VIATHE INTERNET AThttpwwwstancountycomplanningplagenda-min-2011shtm HARD COPIES OF ALL EIR DOCUMENTS REFERENCED INTHIS REPORT HAVE BEEN PROVIDED TO EACH MEMBEROF THE PLANNING COMMISSION
98
Executive Summary
McHenry Solar Project ES-8 May 2011 Draft Environmental Impact Report
TABLE ES-1 SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Aesthetics Visual Quality and Light and Glare
Impact 41-1 The Project could degrade the existing visual character or quality of the site and its surroundings
Less than Significant
None required
Impact 41-2 The Project would create a new source of light or glare which could adversely affect daytime or nighttime views in the area
Potentially Significant
Mitigation Measure 41-2 Nighttime Construction Lighting Nighttime construction lighting if required shall be shielded and oriented downward to minimize effects on any nearby receptors Lighting shall be directed toward active construction areas only and shall have the minimum brightness necessary to ensure worker safety
Less than Significant
Agriculture and Forest Resources
Impact 42-1 The Project would temporarily discontinue the current exclusive agricultural use (row crops) of Prime Farmland to a mix of agricultural use (grazing) and non-agricultural use
Less than Significant
None required
Air Quality
Impact 43-1 Construction and decommissioning activities would generate emissions of criteria pollutants including suspended and inhalable particulate matter and equipment exhaust emissions
Potentially Significant
Mitigation Measure 43-1 Implement Dust Control Measures The Applicant shall submit a Dust Control Plan to the APCO for approval prior to start of construction (and subsequently decommissioning) activities The Plan shall cover both Applicant and MID activities and shall require implementation of the following dust control measures
All disturbed areas including storage piles that are not being actively used for construction purposes shall be effectively stabilized of dust emissions using water chemical stabilizersuppressant covered with a tarp or other suitable cover or vegetative ground cover
All on-site unpaved roads and off-site unpaved access roads shall be effectively stabilized of dust emissions using water or chemical stabilizersuppressant
All land clearing grubbing scraping excavation land leveling grading cut and fill and demolition activities shall be effectively controlled of fugitive dust emissions using application of water or by presoaking
When materials are transported off-site all material shall be covered or effectively wetted to limit visible dust emissions and at least six inches of freeboard space from the top of the container shall be maintained
Limit or expeditiously remove trackout (ie accumulation of mud or dirt from Project-related vehicle tires) from adjacent public streets near the Project access points Trackout shall be immediately removed from public streets when it extends 50 or more feet from the Project access points otherwise trackout shall be removed at the end of each workday (The use of dry rotary brushes is expressly prohibited except where preceded or accompanied by sufficient wetting to limit the visible dust emissions)(Use of blower devices is expressly forbidden)
Less than Significant
99
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-9 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Air Quality (cont)
Impact 43-1 (cont) Following the addition of materials to or removal of materials from the surface of outdoor storage piles said piles shall be effectively stabilized of fugitive dust emissions using sufficient water or chemical stabilizersuppressant
Limit traffic speed on unpaved on-site roads to 15 mph
Install sandbags or other erosion control measures to prevent silt runoff to public roadways from sites with a slope greater than one percent
Install windbreaks at windward side(s) of construction areas
Suspend excavation and grading activity when winds exceed 20 mph
Impact 43-2 Operation of the Project would generate exhaust emissions of criteria pollutants from routine operations
Less than Significant
None required
Impact 43-3 The Project could result in permanently disturbed land that would serve as a source of fugitive dust emissions
Less than Significant
None required
Impact 43-4 Construction and decommissioning emissions associated with the Project could result in emissions of ozone precursors and particulate matter that would be cumulatively considerable
Potentially Significant
Mitigation Measure 43-4 Implement Mitigation Measure 43-1 Less than Significant
Impact 43-5 Operation and maintenance of the Project could generate emissions of criteria pollutants that would be cumulatively considerable
Less than Significant
None required
Impact 43-6 The Project would generate emissions of criteria pollutants potentially exposing sensitive receptors to harmful pollutant concentrations
Potentially Significant
Mitigation Measure 43-6 Implement Mitigation Measure 43-1 Less than Significant
Impact 43-7 The Project would generate emissions of Toxic Air Contaminants potentially exposing sensitive receptors to harmful pollutant concentrations
Less than Significant
None required
100
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-10 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Biological Resources
Impact 44-1 Applicant Project activities could result in potential disturbance or loss of Swainsonrsquos hawk and their habitat
Potentially Significant
Mitigation Measure 44-1a Preconstruction Surveys for Swainsonrsquos Hawk If Project-related construction or decommissioning activities are planned to occur during the nesting period (March 1 to September 15) the Applicant shall engage a qualified biologist to conduct preconstruction surveys for Swainsonrsquos hawk and their nests no more than 14 days before the start of construction or decommissioning activities within 025 mile of the Project site where access is available Survey results shall be submitted to CDFG at least three days prior to the start of construction or decommissioning activities If active nests are not identified no further action is required and constructiondecommissioning may proceed If active nests are identified the Applicant shall consult with CDFG to develop and implement suitable avoidance measures consistent with the Staff Report Regarding Mitigation for Impacts to Swainsonrsquos Hawks in the Central Valley of California (CDFG 1994) To avoid impacting breeding efforts no construction or decommissioning activities shall occur between March 1 and September 15 within 500 feet of an active nest that could cause nest abandonment or forced fledging These buffers may be reduced in consultation with CDFG
Depending on conditions specific to each active nest and the relative location and rate of construction or decommissioning activities it may be feasible for such activities to occur as planned within the buffer without impacting the breeding effort In this case (to be determined in consultation with CDFG) the nest(s) shall be monitored by a qualified biologist during construction or decommissioning within the buffer The monitor shall have ldquostop workrdquo authority If in the professional opinion of the monitor Project activities are negatively affecting the nesting behavior of the bird the monitor shall stop all such activities within the designated buffer Construction or decommissioning activities shall not resume until either the monitor has determined that the young have fledged the nest or as otherwise approved by CDFG
With CDFG concurrence construction activities that are initiated outside the nesting season may continue even if raptors choose to nest within 500 feet of work activities Thus work may continue without delay if surveys verify the local absence of nesting raptors or if construction begins outside the nesting period (September 16 to February 28)
Less than Significant
Mitigation Measure 44-1b Reduce Construction Noise Levels If it appears that noise or vibration from vibratory post driving associated with Project construction (or other similar noise-generating construction or decommissioning activity) could affect nesting Swainsonrsquos hawks that arrive after the start of construction specific measures including but not limited to use of noise dissipaters shall be implemented to reduce noise levels During post driving a noise level of no greater than 85 decibels (measured at the nest) shall be used as general guidance for nests that are established after construction
Impact 44-2 MID activities could result in potential disturbance or loss of Swainsonrsquos hawk and their habitat
Potentially Significant
Mitigation Measure 44-2 Avian-safe Transmission Line (MID) Transmission poles should be designed using criteria identified in Avian Power Line Interaction Committee (APLIC 2006)
Less than Significant
101
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-11 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Biological Resources (cont)
Impact 44-3 Project activities could impact other tree-nesting raptors andor protected nesting migratory birds
Potentially Significant
Mitigation Measure 44-3 Preconstruction Raptor Surveys (Applicant) If Project-related construction andor decommissioning activities are to occur during the breeding period for nesting raptors andor protected nesting migratory birds (February 1 through August 31) the Applicant shall engage a qualified biologist to conduct preconstruction surveys of all potential habitat within 500 feet of the Project site no more than 14 days prior to the start of construction or decommissioning activities If active nests are not identified no further action is necessary If active nests are identified during preconstruction surveys a no-disturbance buffer shall be created around active raptor nests and nests of other special-status birds during the breeding season or until it is determined by the qualified biologist that all young have fledged Typical buffers are 500 feet for raptors and 250 feet for other nesting birds (eg waterfowl and passerine birds) The size of these buffer zones and types of construction or decommissioning activities allowed in these areas could be further modified in coordination with CDFG and shall be based on existing noise and disturbance levels in the Project area
Less than Significant
Impact 44-4 Project activities could result in potential disturbance or loss of burrowing owls and their habitat
Potentially Significant
Mitigation Measure 44-4a Preconstruction Burrowing Owl Surveys (Applicant) The Applicant shall engage a qualified biologist to conduct preconstruction surveys for burrowing owls 14 to 30 days prior to the start of construction or decommissioning using the most current CDFG protocol Surveys shall cover grassland areas within a 500-foot buffer from all Project constructiondecommissioning activities that are within suitable grasslands habitat including checking for adult and juvenile burrowing owls and owl nests If owls are detected during surveys occupied burrows shall not be disturbed
Constructiondecommissioning exclusion areas (eg orange exclusion fence or signage) shall be established around the occupied burrows where no disturbance shall be allowed During the nonbreeding season (September 1 through January 31) the exclusion zone shall extend 160 feet around occupied burrows During the breeding season (February 1 through August 31) exclusion areas shall extend 250 feet around occupied burrows
If the above requirements cannot be met passive relocation of on-site owls may be implemented as an alternative but only during the nonbreeding season and only with prior CDFG approval Passive relocation shall be accomplished by installing one-way doors on the entrances of burrows located within 160 feet of the Project area The one-way doors shall be left in place for 48 hours to ensure the owls have left the burrow The burrows shall then be excavated with a qualified biologist present Constructiondecommissioning shall not proceed until the Project area is deemed free of owls by the qualified biologist
Less than Significant
Mitigation Measure 44-4b Preconstruction Burrowing Owl Surveys (MID) Prior to construction MID shall conduct pre-construction surveys for burrowing owl for the sub-transmissiondistribution line and fiber optic cable alignment These surveys shall be conducted using the most up-to-date CDFG published protocols (eg CDFGs 1995 Staff Report on Burrowing Owl Mitigation) If owls are detected during surveys occupied burrows shall not be disturbed
102
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-12 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Cultural and Paleontological Resources
Impact 45-1 The proposed Project could potentially cause an adverse change in the significance of a unique archaeological resource pursuant to sect150645
Potentially Significant
Mitigation Measure 45-1 If Cultural Resources are Discovered During Ground-Disturbing Activities Suspend Work until Resource is Evaluated Prior to the initiation of site preparation or start of construction (and subsequently decommissioning) the Applicant shall retain a qualified professional archaeologist to complete an archaeological resources training program for construction workers involved in grading and excavation activities Training shall include awareness and recognition of archaeological materials and the procedures to follow if construction crews encounter such materials in the course of earthwork excavation or grading If archaeological resources are encountered all activity within 50 feet of the find shall cease until it can be evaluated by a qualified archaeologist Prehistoric archaeological materials could include obsidian and chert flaked-stone tools (eg projectile points knives scrapers) or toolmaking debris culturally darkened soil (ldquomiddenrdquo) containing heat-affected rocks artifacts or shellfish remains and stone milling equipment (eg mortars pestles handstones or milling slabs) and battered stone tools such as hammerstones and pitted stones Historic-period materials could include stone concrete or adobe footings and walls filled wells or privies and deposits of metal glass andor ceramic refuse The archaeologist shall notify the Applicant and MID if the resource may be significant An appropriate treatment plan for the resources shall then be developed by the Applicant for approval by MID The archaeologist shall consult with Native American representatives in determining appropriate treatment for prehistoric or Native American cultural resources if discovered
In considering any suggested mitigation proposed by the archaeologist the Applicant and MID shall determine whether avoidance is feasible in light of factors such as the nature of the find project design costs and other considerations If avoidance is not feasible other appropriate measures (eg data recovery) shall be instituted Work may proceed in other parts of the Project site while mitigation for cultural resources in other areas of the site is being carried out
Less than Significant
Impact 45-2 The proposed Project could potentially destroy a unique paleontological resource or site or unique geologic feature
Potentially Significant
Mitigation Measure 45-2 If Paleontological Resources are Discovered During Ground-Disturbing Activities Suspend Work until Resource is Evaluated Prior to the initiation of site preparation or start of construction (and subsequently decommissioning) the Applicant shall retain a qualified professional paleontologist or a California Registered Professional Geologist (California RPG) with appropriate paleontological expertise as defined by the Society of Vertebrate Paleontologyrsquos Conformable Impact Mitigation Guidelines Committee (SVP 1995 Guidelines) to carry out a paleontological resources training program for construction workers involved in grading and excavation activities Training shall include awareness and recognition of potential fossil materials and the procedures to follow if construction crews encounter fossil materials in the course of earthwork excavation or grading If construction crews discover potential fossils all earthwork or other types of ground disturbance within 50 feet of the find shall stop immediately until the qualified professional paleontologist can assess the nature and importance of the find Based on the scientific value or uniqueness of the find the monitor may record the find and allow work to continue or recommend salvage and recovery of the fossil The Applicant shall require the paleontologist to be ldquoon-callrdquo throughout the duration of ground-disturbing activities
Less than Significant
103
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-13 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Cultural and Paleontological Resources (cont)
Impact 45-3 The proposed Project could potentially disturb any human remains including those interred outside of formal cemeteries
Potentially Significant
Mitigation Measure 45-3 Halt Work if Human Skeletal Remains are Identified During Construction If human skeletal remains are uncovered during Project construction (and subsequently decommissioning) work shall immediately halt within 100 feet of the find The Applicant shall contact the Stanislaus County Coroner to evaluate the remains and shall follow the procedures and protocols set forth in sect150645(e)(1) of the CEQA Guidelines If the County Coroner determines that the remains are Native American the Applicant shall contact the Native American Heritage Commission in accordance with Health and Safety Code Section 70505 subdivision (c) and Public Resources Code 509798 (as amended by AB 2641) The Native American Heritage Commission will designate a Most Likely Descendent of the deceased Native American who will provide recommendations as to the future disposition of the remains
Less than Significant
Energy Conservation
Impact 46-1 The construction operation and maintenance and decommissioning of the Project could result in consumption of energy
Less than Significant
None required
Impact 46-2 Construction operation and maintenance and decommissioning of the Project would require use of transportation energy
Less than Significant
None required
Impact 46-3 The Projectrsquos overall use of efficient transportation alternatives would be limited
Less than Significant
None required
Geology and Soils
Impact 47-1 The Project could expose people or structures to potential adverse effects including the risk of loss injury or death involving strong seismic ground shaking and earthquake-induced ground failure (such as liquefaction and lateral spreading)
Less than Significant
None required
Impact 47-2 The Project could result in soil erosion or loss of topsoil
Less than Significant
None required
Impact 47-3 The Project could be located on expansive soil as defined in Table 18-1-B of the Uniform Building Code (1994) creating risks to life or property
Less than Significant
None required
104
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-14 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Geology and Soils (cont)
Impact 47-4 The Project site could have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater
Less than Significant
None required
Greenhouse Gas Emissions
Impact 48-1 The Project would result in emissions of greenhouse gases that would contribute to global climate change
Less than Significant
None required
Impact 48-2 The Project could conflict with the California Air Resources Boardrsquos Climate Change Scoping Plan
Potentially Significant
Mitigation Measure 48-2 Low SF6 Leak Rate Circuit Breaker and Monitoring The Applicant shall ensure that the circuit breaker installed at the proposed new substation has a guaranteed SF6 annual leak rate of no more than 05 percent by volume The Applicant shall provide Modesto Irrigation District with documentation of compliance such as specification sheets prior to installation of the circuit breaker In addition the Applicant shall monitor the SF6-containing circuit breaker at the substation consistent with Scoping Plan Measure H-6 for the detection and repair of leaks
Less than Significant
Hazards and Hazardous Materials
Impact 49-1 Project construction decommissioning and operationmaintenance could create a hazard to the public or the environment through the routine transport use or disposal of hazardous materials
Less than Significant
None required
Impact 49-2 The Project could result in an accidental spill or leak during construction or decommissioning that could release hazardous materials into the environment
Potentially Significant
Mitigation Measure 49-2 Accidental Spill Prevention and Response Plan The Applicant shall prepare an Accidental Spill Prevention and Response Plan for construction and decommissioning activities for review and approval by Modesto Irrigation District The plan shall identify measures to prevent accidental spills from leaving the site and methods for responding to and cleaning up spills to limit the amount of materials released into the environment Such measures shall include but not be limited to ensuring that absorbent material tarps storage drums and other emergency spill supplies and equipment are kept at the Project site at all times
Less than Significant
Hydrology and Water Quality
Impact 410-1 The Project could potentially degrade water quality such that it could violate water quality standards or waste discharge requirements
Less than Significant
None required
105
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-15 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Hydrology and Water Quality (cont)
Impact 410-2 The Project could alter the existing drainage pattern of the site in a manner that could result in erosion or sedimentation on- or off-site or which could contribute to flooding
Less than Significant
None required
Impact 410-3 The Project could create or contribute runoff water that could exceed the capacity of existing or planned stormwater drainage systems or provide additional sources of polluted runoff
Less than Significant
None required
Impact 410-4 The Project could expose people or structures to a risk of loss injury or death involving flooding including flooding as a result of the failure of a levee or dam
Less than Significant
None required
Land Use and Planning
The Project would have no impacts in this resource area
Mineral Resources
The Project would have no impacts in this resource area
Noise
Impact 413-1 Project-related post driving would result in exposure of persons to groundborne vibration
Less than Significant
None required
Impact 413-2 Operation and maintenance of the Project would increase local ambient noise levels
Less than Significant
None required
Impact 413-3 Project construction and decommissioning activities would temporarily increase local ambient noise levels
Less than Significant
None required
Population and Housing
The Project would have no impacts in this resource area
106
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-16 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Public Services
The Project would have no impacts in this resource area
Recreation
The Project would have no impacts in this resource area
Transportation and Traffic
Impact 417-1 Project construction and decommissioning activities could intermittently and temporarily increase traffic congestion due to vehicle trips generated by construction workers and construction vehicles on area roadways
Potentially Significant
Mitigation Measure 417-1a MID Traffic Control Measures During construction and decommissioning of the sub-transmission and distribution lines and fiber optic cable MID shall implement the following traffic mitigation measures from the 2006 PEIR Update (2006 PEIR Update p 10-6)
1 MID will coordinate design and construction of program facilities with the agencies with jurisdiction including Caltrans counties cities special districts other utilities and the FAA as required
2 MID will obtain any necessary encroachment permits inspections or other approvals from agencies with jurisdiction
2A MID will obtain any necessary approvals and inspections from agencies with jurisdiction
2B MID shall coordinate the design and construction and shall obtain any necessary permits from the County City or State prior to placing any facilities within the public road rights-of-way of those agencies and shall conform to applicable conditions in the encroachment permit
3 MID will utilize all necessary precautions to minimize safety concerns when working within public road rights-of-way Traffic safety cones construction signage or other measures will be used to alert drivers to construction activities
4 Electrical facilities placed within public rights-of-way will comply with applicable standards for avoiding hazards to drivers pedestrians and bicyclists
Less than Significant
Mitigation Measure 417-1b Applicant Construction Traffic Management and Safety Plan Prior to the start of construction (and subsequently decommissioning) of the Project the Applicant shall prepare and implement a Traffic Management and Safety Plan that shall reduce or eliminate impacts associated with the Project The Plan shall adhere to Stanislaus County and Caltrans requirements and shall include at a minimum the following elements
a) Schedule Project-generated construction truck trips on SR 99 SR 108 and SR 219 outside the peak morning and evening commute hours to reduce potential traffic congestion and reduce potential for transit delays during the peak commute periods
107
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-17 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Transportation and Traffic (cont)
Impact 417-1 (cont) b) Comply with transportation permit requirements of Caltrans and CHP when scheduling Project-generated construction truck trips carrying oversized loads In addition provide pre-notification to local police fire and emergency service providers of the timing location and duration of construction activities that could affect the movement of emergency vehicles on area roadways
c) Place signs (eg ldquoSlow Trucksrdquo andor ldquoTrucks Turning Aheadrdquo) along appropriate roads to notify drivers of construction traffic throughout the duration of the construction period
Impact 417-2 The Project could conflict with established congestion management programs on affected roads or highways
Less than Significant
None required
Impact 417-3 Project construction and decommissioning activities could substantially increase traffic hazards due to construction in or adjacent to roads
Potentially Significant
Mitigation Measure 417-3 Implement Mitigation Measures 417-1a and 417-1b Less than Significant
Impact 417-4 The Project could result in inadequate emergency access
Potentially Significant
Mitigation Measure 417-4 Develop an Emergency Access Plan for the Site The Applicant shall develop and implement an Emergency Access Plan which shall include evacuation routes and strategies to ensure accessibility and mobility for project area and emergency vehicles Additional measures include developing an emergency action plan that identifies roles and responsibilities during emergencies and to update the plan regularly
Less than Significant
Utilities and Service Systems
Impact 418-1 The proposed Project would require or result in the construction of new stormwater drainage facilities the construction of which could cause significant environmental effects
Less than Significant
None required
108
109
110
REFERRED TO
YE
S
NO
WILL NOT
HAVE
SIGNIFICANT
IMPACT
MAY HAVE
SIGNIFICANT
IMPACT
NO COMMENT
NON CEQA YE
S
NO
YE
S
NO
AGRICULTURE COMMISSIONER X
AIRPORT LAND USE COMMISSION X
ALLIANCE X
BUILDING PERMITS DIVISION X X X
CALTRANS DISTRICT 10 X
CHIEF EXECUTIVE OFFICE X
CITY OF RIVERBANK X
COOPERATIVE EXTENSION X
CORPS OF ENGINEERS X
COUNTY COUNSEL X
ENVIRONMENTAL RESOURCES X X X
FIRE PROTECTION DIST STANISLAUS
CONSOLIDATED X X X
FISH amp GAME DEPT OF X
HAZARDOUS MATERIALS X
IRRIGATION DISTRICT MODESTO X X X
LAFCO X
MODESTO REGIONAL FIRE AUTHORITY FPB X
MOSQUITO DISTRICT EASTSIDE X
MT VALLEY EMERGENCY MEDICAL X
PACIFIC GAS amp ELECTRIC X
PUBLIC WORKS X X X
REGIONAL WATER QUALITY CONTROL X
SAN JOAQUIN VALLEY APCD X
SCHOOL DISTRICT 1 MODESTO X X X
SCHOOL DISTRICT 2 STANISLAUS X
SHERIFF X
StanCOG X
STANISLAUS COUNTY FARM BUREAU X
STANISLAUS ERC X
STATE CLEARINGHOUSE X
STATE LANDS COMMISSION X
SUPERVISORIAL DISTRICT 4 MONTEITH X
SURROUNDING LAND OWNERS
TELEPHONE COMPANY ATampT X
UNITED STATES MILITARY AGENCIES (SB 1462) (5 agencies) X
US FISH amp WILDLIFE X
X
X
SUMMARY OF RESPONSES FOR USE PERMIT REVIEW REFERRALS
RESPONDED RESPONSEMITIGATION
MEASURESCONDITIONS
PROJECT USE PERMIT APPLICATION NO 2011-10 - McHENRY SOLAR FARM
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
RESPONSIBLE
AGENCY REFERRAL
PUBLIC HEARING
NOTICE
X
X
X
X
X
X
X
X
X
111
WID n BOARD RESOLUTION L bl Dltrld WIIIT Irld Ptlwtt
surveys occupied burrows shall not be disturbed Constructiondecommissioning exclusion areas (eg orange exclusion fence or signage) shall be established around the occupied burrows where no disturbance shall be allowed During the nonbreeding season (September 1 through January 31) the exclusion zone shall extend 160 feet around occupied burrows During the breeding season (February 1 through August 31) exclusion areas shall extend 250 feet around occupied burrows If the above requirements cannot be met passive relocation of onshysite owls may be implemented as an alternative but only during the nonbreeding season and only with prior CDFG approval Passive relocation shall be accomplished by installing one-way doors on the entrances of burrows located within 160 feet ofthe Project area The one-way doors shall be left in place for 48 hours to ensure the owls have left the burrow The burrows shall then be excavated with a qualified biologist present Constructiondecommissioning shall not proceed until the Project area is deemed free of owls by the qualified biologist
Mitigation Measure 44-4b Preconstruction Burrowing Owl Surveys (MID) Prior to construction MID shall conduct pre-construction surveys for burrowing owl for the subtransmissiondistribution line and fiber optic cable alignment These surveys shall be conducted using the most up-to-date CDFG published protocols (eg CDFGs 1995 Staff Report on Burrowing Owl Mitigation) If owls are detected during surveys occupied burrows shall not be disturbed
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation ofthis measure will reduce the potentially significant impact on biological resources
Cultural and Paleontological Resources
Impact 45-1
Impact 45-1 The proposed Project could potentially cause an adverse change in the significance of a unique archaeological resource pursuant to sect150645 (DEIR page ES-12)
Mitigation Measure
Mitigation Measure 45-1 If Cultural Resources are Discovered During Ground-Disturbing Activities Suspend Work until Resource is Evaluated Prior to the initiation of site preparation or start of construction (and subsequently decommissioning) the Applicant shall retain a qualified professional archaeologist to complete an archaeological resources training program for construction workers involved in grading and excavation activities Training shall include
awareness and recognition of archaeological materials and the procedures to follow if
construction crews encounter such materials in the course of earthwork excavation or grading If archaeological resources are encountered all activity within 50 feet of the find shall
cease until it can be evaluated by a qualified archaeologist Prehistoric archaeological materials
DOCS_N27154S_V4_Board_Asenda_Report_For_ The_Mchenry _Sol _fam]roject_7_26_11 Rev Dec 2010 91
Motlesto Irrlatlo~lt1ID BOARD RESOLUTIO N
II DIlrld VialfrantJ PCMl
could include obsidian and chert f1aked~stone tools (eg projectile points knives scrapers) or toolmaking debris culturally darkened soil (ilmidden) containing heat~affected rocks artifacts
or shellfish remains and stone milling equipment (eg mortars pestles handstones or milling slabs) and battered stone tools such as hammerstones and pitted stones Historic~period materials could include stone concrete or adobe footings and walls filled wells or privies and
deposits of metal glass andor ceramic refuse The archaeologist shall notify the Applicant and MID if the resource may be significant An appropriate treatment plan for the resources shall then be developed by the Applicant for approval by MID The archaeologist shall consult with Native American representatives in determining appropriate treatment for prehistoric or Native American cultural resources if discovered In considering any suggested mitigation proposed by the archaeologist the Applicant and MID shall determinewhether avoidance is feasible in light of factors such as the nature of the find project design costs and other considerations If avoidance is not feasible other appropriate measures (eg data recovery) shall be instituted Work may proceed in other parts of the Project site while mitigation for cultural resources in other areas of the site is being carried out
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation ofthis measure will reduce the potentially significant impact on unique archaeological resources
Impact 45-2
Impact 45-2 The proposed Project could potentially destroy a unique paleontological resource or site or unique geologic feature (DEIR page ES-12)
Mitigation Measure
Mitigation Measure 45-2 If Paleontological Resources are Discovered During Ground-Disturbing Activities Suspend Work until Resource is Evaluated Prior to the initiation of site preparation or start of construction (and subsequently decommissioning) the Applicant shall retain a qualified profeSSional paleontologist or a California Registered Professional Geologist (California RPG) with appropriate paleontological expertise as defined by the Society of Vertebrate Paleontologys Conformable Impact Mitigation Guidelines Committee (SVP 1995 Guidelines) to carry out a paleontological resources training program for construction workers involved in grading and excavation activities Training shall include awareness and recognition of potential fossil materials and the procedures to follow if construction crews encounter fossil materials in the course of earthwork excavation or grading If construction crews discover potential fossils all earthwork or other types of ground disturbance within 50 feet of the find shall stop immediately until the qualified professional paleontologist can assess the nature and importance of the find Based on the scientific value or uniqueness of the find the monitor may record the find and allow work to continue or recommend salvage and recovery of the fossil The Applicant shall require the paleontologist to be on-call throughout the duration of ground-disturbing activities
DOCS_N27154S_ V4_Boa rd_Agenda_Report]or_The_Mchenry _Solar ]a_ProjecC7_26_11 Rev Dec 2010 92
ID= BOARD RESOLUTION I 11 DlstrldwIltIdPowt
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation of this measure will reduce the potentially significant impact on paleontological resources
Impact 45-3
Impact 45-3 The proposed Project could potentially disturb any human remains including those interred outside of formal cemeteries (DEIR page ESmiddot13)
Mitigation Measure
Mitigation Measure 45-3 Halt Work if Human Skeletal Remains are Identified During Construction If human skeletal remains are uncovered during Project construction (and subsequently decommissioning) work shall immediately halt within 100 feet of the find The Applicant shall contact the Stanislaus County Coroner to evaluate the remains and shall follow the procedures and protocols set forth in sect150645(e(1) of the CEQA Guidelines If the County Coroner determines that the remains are Native American the Applicant shall contact the Native American Heritage Commission in accordance with Health and Safety Code Section 70505 subdivision (c) and Public Resources Code 509798 (as amended by AB 2641) The Native American Heritage Commission will designate a Most Likely Descendent of the deceased Native American who will provide recommendations as to the future disposition ofthe remains
Finding
The Board finds based on substantjal evidence presented in the record of proceedings that implementation of this measure will reduce the potentially Significant impact on human remains
Greenhouse Gas Emissions
Impact 48-2
Impact 48-2 The Project could conflict with the California Air Resources Boards Climate Change Scoping Plan (DEIR page ES-14)
Mitigation Measure
Mitigation Measure 48-2 Low SF6 Leak Rate Circuit Breaker and Monitoring The applicant shall ensure that the circuit breaker installed at the proposed new substation has a guaranteed SF6 annual leak rate of no more than 05 percent by volume The Applicant shall provide MID with documentation of compliance such as specification sheets prior to installation of the circuit breaker In addition the Applicant shall monitor the SF6middotcontaining circuit breaker at the substation consistent with Scoping Plan Measure H-6 for the detection and repair of leaks
OOCSN271545V4BoarltljgendaReportJo rTheMchenry_SolarJarm_Project72611 Rev Dec 2010 93
~MID
Mst Irrl_60 BOARD RESOLUTION
II District Weltr _rut Pampftl
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation ohhis measure will reduce the potentially significant impact on greenhouse gas emissions
Hazards and Hazardous Materials
Impact 49-2
Impact 49-2 The Project could result in an accidental spill or leak during construction or decommissioning that could release hazardous materials into the environment (DEIR page ESshy14)
Mitigation Measure
Mitigation Measure 49-2 Accidental Spill Prevention and Response Plan The Applicant shall prepare an Accidental Spill Prevention and Response Plan for construction and decommissioning activities for review and approval by Modesto Irrigation District The plan shall identify measures to prevent accidental spills from leaving the site and methods for responding to and cleaning up spills to limit the amount of materials released into the environment Such measures shall include but not be limited to ensuring that absorbent material tarps storage drums and other emergency spill supplies and equipment are kept at the Project site at all times
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation of this measure will reduce the potentially significant impact on hazardous materials
Transportation and Traffic
Impact 417-1
Impact 417-1 Project construction and decommissioning activities could intermittently and temporarily increase traffic congestion due to vehicle trips generated by construction workers and construction vehicles on area roadways (DEIR page ES-16)
Mitigation Measure
Mitigation Measure 417-1a MID Traffic Control Measures During construction and decommissioning of the sub-transmission and distribution lines and fiber optic cable MID shall implement the following traffic mitigation measures from the 2006 PEIR Update (2006 PEIR Update p 10-6)
DOCSN271545V4BoadAgendaRepoCForTheMhenrvSolaFarmProJeet72611 Rev Dolt 2010 94
cIbullbulltomiddot Irrlgatlon BOARD RESOLUTION e DistrIct~lt1ID
Wntr and POwtf
1 MID will coordinate design and construction of program facilities with the agencies with jurisdiction including Caltrans counties cities special districts other utilities and the FAA as required
2 MID will obtain any necessary encroachment permits inspections or other approvals from agencies with jurisdiction
2A MID will obtain any necessary approvals and inspections from agencies with jurisdiction
2B MID shall coordinate the design and construction and shall obtain any necessary permits from the County City or State prior to placing any facilities within the public road rights-of-way of those agencies and shall conform to applicable conditions in the encroachment permit
3 MID will utilize all necessary precautions to minimize safety concerns when working within public road rights-of-way Traffic safety cones construction signage or other measures will be used to alert drivers to construction activities
4 Electrical facilities placed within public rights-of-way will comply with applicable standards for avoiding hazards to drivers pedestrians and bicyclists
Mitigation Measure 417-1bApplicant Construction Traffic Management and Safety Plan Prior to the start of construction (and subsequently decommissioning) of the Project the Applicant shall prepare and implement a Traffic Management and Safety Plan that shall reduce or eliminate impacts associated with the Project The Plan shall adhere to Stanislaus County and Caltrans requirements and shall include at a minimum the following elements
a) Schedule Project-generated construction truck trips on SR 99 SR 108 and SR 219 outside the peak morning and evening commute hours to reduce potential traffic congestion and reduce potentia I for transit delays during the p traffic congestion and reduce potential for transit delays during the peak commute periods
b) Comply with transportation permit requirements of Caltrans and CHP when scheduling Project-generated construction truck trips carrying oversized loads In addition provide preshynotification to local police fire and emergency service providers of the timing location and duration of construction activities that could affect the movement of emergency vehicles on area roadways
c) Place signs (eg Slow Trucks andor Trucks Turning Ahead) along appropriate roads to notify drivers of construction traffic throughout the duration of the constructionperiodeak commute periods
DOCSN271545V4Boord_AgendaReportJorThe_MchenrySolaFa rmProject72611 Rev Dec 2010 95
IDn BOARD RESOLUTION~ -bl Dstrld Water lila POwtr
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation ofthis measure will reduce the potentially significant impact on traffic and transportation
Impact 417-3
Impact 417-3 Project construction and decommissioning activities could substantially increase traffic hazards due to construction in or adjacent to roads (DEIR page ES-17)
Mitigation Measure
Mitigation Measure 417-3 Implement Mitigation Measures 417-1a and 417-1b
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation of this measure will reduce the potentially significant impact on traffic and transportation
Impact 417-4
Impact 417-4 The Project could result in inadequate emergency access (DEIR page ES-17)
Mitigation Measure
Mitigation Measure 417-4 Develop an Emergency Access Plan for the Site The Applicant shall develop and implement an Emergency Access Plan which shall include evacuation routes and strategies to ensure accessibility and mobility for project area and emergency vehicles AdditionaI measures include developing an emergency action plan that identifies roles and responsibilities during emergencies and to update the plan regularly
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation of this measure will reduce the potentially significant impact on emergency access
VIII PROJECT ALTERNATIVES
The McHenry Solar Farm Project EIR is a project-specific ErR that evaluated a more than a dozen alternative locations to the proposed site three alternative sub-transmission line interconnection points for the proposed site three alternative solar technologies concentrated solar parabolic trough concentrated solar power tower and thin-film PV and two alternative approaches to the proposed generation of solar energy conservation and demand side management and distributed generation solar Table 1 lists the alternatives that were considered as well as which ones passed and the others that failed the screening analysis that was performed In addition the No Project Alternative was conSidered
DOCSN271545 V4BoardAgend bullbullReporCFor TheMchenry SolarFarmProJect72611 Rev Dec 2010
bull
96
~IDn BOARD RESOLUTION bJlTI District Waterlnd Power
The Final EIR presented the analysis for rejecting the alternative sites The Board independently evaluated this analysis and concurs in the analysis and conclusions presented The answering of the key question (See CEQA Guidelines Section 151266f)(2)A)) the Board finds that the Project does not cause any significant
environmental effect that is not reduced to less than significant with mitigation measures Never the lessl the EIR opted to address alternative sites
Various public comments offered generalized comments on alternatives sites No substantial evidence was presented regarding the feasibility of such sites or the reasonable ability of the Applicant to acquire the sitesl
and substantial evidence was not presented that these alternative sites would lessen all ofthe Projects significant effects to less than significant
DOCS_N271545_V4_Board_Ai n_ReporCFor _The_Mchenry _SolacFarm_Project_7 _26_11 Rev Dec 2010 97
COPIES OF THE DRAFT AND FINAL ENVIRONMENTALIMPACT REPORT AND ARE AVAILABLE FOR REVIEW ATTHE COUNTY PLANNING DEPARTMENT OFFICE OR VIATHE INTERNET AThttpwwwstancountycomplanningplagenda-min-2011shtm HARD COPIES OF ALL EIR DOCUMENTS REFERENCED INTHIS REPORT HAVE BEEN PROVIDED TO EACH MEMBEROF THE PLANNING COMMISSION
98
Executive Summary
McHenry Solar Project ES-8 May 2011 Draft Environmental Impact Report
TABLE ES-1 SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Aesthetics Visual Quality and Light and Glare
Impact 41-1 The Project could degrade the existing visual character or quality of the site and its surroundings
Less than Significant
None required
Impact 41-2 The Project would create a new source of light or glare which could adversely affect daytime or nighttime views in the area
Potentially Significant
Mitigation Measure 41-2 Nighttime Construction Lighting Nighttime construction lighting if required shall be shielded and oriented downward to minimize effects on any nearby receptors Lighting shall be directed toward active construction areas only and shall have the minimum brightness necessary to ensure worker safety
Less than Significant
Agriculture and Forest Resources
Impact 42-1 The Project would temporarily discontinue the current exclusive agricultural use (row crops) of Prime Farmland to a mix of agricultural use (grazing) and non-agricultural use
Less than Significant
None required
Air Quality
Impact 43-1 Construction and decommissioning activities would generate emissions of criteria pollutants including suspended and inhalable particulate matter and equipment exhaust emissions
Potentially Significant
Mitigation Measure 43-1 Implement Dust Control Measures The Applicant shall submit a Dust Control Plan to the APCO for approval prior to start of construction (and subsequently decommissioning) activities The Plan shall cover both Applicant and MID activities and shall require implementation of the following dust control measures
All disturbed areas including storage piles that are not being actively used for construction purposes shall be effectively stabilized of dust emissions using water chemical stabilizersuppressant covered with a tarp or other suitable cover or vegetative ground cover
All on-site unpaved roads and off-site unpaved access roads shall be effectively stabilized of dust emissions using water or chemical stabilizersuppressant
All land clearing grubbing scraping excavation land leveling grading cut and fill and demolition activities shall be effectively controlled of fugitive dust emissions using application of water or by presoaking
When materials are transported off-site all material shall be covered or effectively wetted to limit visible dust emissions and at least six inches of freeboard space from the top of the container shall be maintained
Limit or expeditiously remove trackout (ie accumulation of mud or dirt from Project-related vehicle tires) from adjacent public streets near the Project access points Trackout shall be immediately removed from public streets when it extends 50 or more feet from the Project access points otherwise trackout shall be removed at the end of each workday (The use of dry rotary brushes is expressly prohibited except where preceded or accompanied by sufficient wetting to limit the visible dust emissions)(Use of blower devices is expressly forbidden)
Less than Significant
99
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-9 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Air Quality (cont)
Impact 43-1 (cont) Following the addition of materials to or removal of materials from the surface of outdoor storage piles said piles shall be effectively stabilized of fugitive dust emissions using sufficient water or chemical stabilizersuppressant
Limit traffic speed on unpaved on-site roads to 15 mph
Install sandbags or other erosion control measures to prevent silt runoff to public roadways from sites with a slope greater than one percent
Install windbreaks at windward side(s) of construction areas
Suspend excavation and grading activity when winds exceed 20 mph
Impact 43-2 Operation of the Project would generate exhaust emissions of criteria pollutants from routine operations
Less than Significant
None required
Impact 43-3 The Project could result in permanently disturbed land that would serve as a source of fugitive dust emissions
Less than Significant
None required
Impact 43-4 Construction and decommissioning emissions associated with the Project could result in emissions of ozone precursors and particulate matter that would be cumulatively considerable
Potentially Significant
Mitigation Measure 43-4 Implement Mitigation Measure 43-1 Less than Significant
Impact 43-5 Operation and maintenance of the Project could generate emissions of criteria pollutants that would be cumulatively considerable
Less than Significant
None required
Impact 43-6 The Project would generate emissions of criteria pollutants potentially exposing sensitive receptors to harmful pollutant concentrations
Potentially Significant
Mitigation Measure 43-6 Implement Mitigation Measure 43-1 Less than Significant
Impact 43-7 The Project would generate emissions of Toxic Air Contaminants potentially exposing sensitive receptors to harmful pollutant concentrations
Less than Significant
None required
100
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-10 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Biological Resources
Impact 44-1 Applicant Project activities could result in potential disturbance or loss of Swainsonrsquos hawk and their habitat
Potentially Significant
Mitigation Measure 44-1a Preconstruction Surveys for Swainsonrsquos Hawk If Project-related construction or decommissioning activities are planned to occur during the nesting period (March 1 to September 15) the Applicant shall engage a qualified biologist to conduct preconstruction surveys for Swainsonrsquos hawk and their nests no more than 14 days before the start of construction or decommissioning activities within 025 mile of the Project site where access is available Survey results shall be submitted to CDFG at least three days prior to the start of construction or decommissioning activities If active nests are not identified no further action is required and constructiondecommissioning may proceed If active nests are identified the Applicant shall consult with CDFG to develop and implement suitable avoidance measures consistent with the Staff Report Regarding Mitigation for Impacts to Swainsonrsquos Hawks in the Central Valley of California (CDFG 1994) To avoid impacting breeding efforts no construction or decommissioning activities shall occur between March 1 and September 15 within 500 feet of an active nest that could cause nest abandonment or forced fledging These buffers may be reduced in consultation with CDFG
Depending on conditions specific to each active nest and the relative location and rate of construction or decommissioning activities it may be feasible for such activities to occur as planned within the buffer without impacting the breeding effort In this case (to be determined in consultation with CDFG) the nest(s) shall be monitored by a qualified biologist during construction or decommissioning within the buffer The monitor shall have ldquostop workrdquo authority If in the professional opinion of the monitor Project activities are negatively affecting the nesting behavior of the bird the monitor shall stop all such activities within the designated buffer Construction or decommissioning activities shall not resume until either the monitor has determined that the young have fledged the nest or as otherwise approved by CDFG
With CDFG concurrence construction activities that are initiated outside the nesting season may continue even if raptors choose to nest within 500 feet of work activities Thus work may continue without delay if surveys verify the local absence of nesting raptors or if construction begins outside the nesting period (September 16 to February 28)
Less than Significant
Mitigation Measure 44-1b Reduce Construction Noise Levels If it appears that noise or vibration from vibratory post driving associated with Project construction (or other similar noise-generating construction or decommissioning activity) could affect nesting Swainsonrsquos hawks that arrive after the start of construction specific measures including but not limited to use of noise dissipaters shall be implemented to reduce noise levels During post driving a noise level of no greater than 85 decibels (measured at the nest) shall be used as general guidance for nests that are established after construction
Impact 44-2 MID activities could result in potential disturbance or loss of Swainsonrsquos hawk and their habitat
Potentially Significant
Mitigation Measure 44-2 Avian-safe Transmission Line (MID) Transmission poles should be designed using criteria identified in Avian Power Line Interaction Committee (APLIC 2006)
Less than Significant
101
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-11 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Biological Resources (cont)
Impact 44-3 Project activities could impact other tree-nesting raptors andor protected nesting migratory birds
Potentially Significant
Mitigation Measure 44-3 Preconstruction Raptor Surveys (Applicant) If Project-related construction andor decommissioning activities are to occur during the breeding period for nesting raptors andor protected nesting migratory birds (February 1 through August 31) the Applicant shall engage a qualified biologist to conduct preconstruction surveys of all potential habitat within 500 feet of the Project site no more than 14 days prior to the start of construction or decommissioning activities If active nests are not identified no further action is necessary If active nests are identified during preconstruction surveys a no-disturbance buffer shall be created around active raptor nests and nests of other special-status birds during the breeding season or until it is determined by the qualified biologist that all young have fledged Typical buffers are 500 feet for raptors and 250 feet for other nesting birds (eg waterfowl and passerine birds) The size of these buffer zones and types of construction or decommissioning activities allowed in these areas could be further modified in coordination with CDFG and shall be based on existing noise and disturbance levels in the Project area
Less than Significant
Impact 44-4 Project activities could result in potential disturbance or loss of burrowing owls and their habitat
Potentially Significant
Mitigation Measure 44-4a Preconstruction Burrowing Owl Surveys (Applicant) The Applicant shall engage a qualified biologist to conduct preconstruction surveys for burrowing owls 14 to 30 days prior to the start of construction or decommissioning using the most current CDFG protocol Surveys shall cover grassland areas within a 500-foot buffer from all Project constructiondecommissioning activities that are within suitable grasslands habitat including checking for adult and juvenile burrowing owls and owl nests If owls are detected during surveys occupied burrows shall not be disturbed
Constructiondecommissioning exclusion areas (eg orange exclusion fence or signage) shall be established around the occupied burrows where no disturbance shall be allowed During the nonbreeding season (September 1 through January 31) the exclusion zone shall extend 160 feet around occupied burrows During the breeding season (February 1 through August 31) exclusion areas shall extend 250 feet around occupied burrows
If the above requirements cannot be met passive relocation of on-site owls may be implemented as an alternative but only during the nonbreeding season and only with prior CDFG approval Passive relocation shall be accomplished by installing one-way doors on the entrances of burrows located within 160 feet of the Project area The one-way doors shall be left in place for 48 hours to ensure the owls have left the burrow The burrows shall then be excavated with a qualified biologist present Constructiondecommissioning shall not proceed until the Project area is deemed free of owls by the qualified biologist
Less than Significant
Mitigation Measure 44-4b Preconstruction Burrowing Owl Surveys (MID) Prior to construction MID shall conduct pre-construction surveys for burrowing owl for the sub-transmissiondistribution line and fiber optic cable alignment These surveys shall be conducted using the most up-to-date CDFG published protocols (eg CDFGs 1995 Staff Report on Burrowing Owl Mitigation) If owls are detected during surveys occupied burrows shall not be disturbed
102
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-12 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Cultural and Paleontological Resources
Impact 45-1 The proposed Project could potentially cause an adverse change in the significance of a unique archaeological resource pursuant to sect150645
Potentially Significant
Mitigation Measure 45-1 If Cultural Resources are Discovered During Ground-Disturbing Activities Suspend Work until Resource is Evaluated Prior to the initiation of site preparation or start of construction (and subsequently decommissioning) the Applicant shall retain a qualified professional archaeologist to complete an archaeological resources training program for construction workers involved in grading and excavation activities Training shall include awareness and recognition of archaeological materials and the procedures to follow if construction crews encounter such materials in the course of earthwork excavation or grading If archaeological resources are encountered all activity within 50 feet of the find shall cease until it can be evaluated by a qualified archaeologist Prehistoric archaeological materials could include obsidian and chert flaked-stone tools (eg projectile points knives scrapers) or toolmaking debris culturally darkened soil (ldquomiddenrdquo) containing heat-affected rocks artifacts or shellfish remains and stone milling equipment (eg mortars pestles handstones or milling slabs) and battered stone tools such as hammerstones and pitted stones Historic-period materials could include stone concrete or adobe footings and walls filled wells or privies and deposits of metal glass andor ceramic refuse The archaeologist shall notify the Applicant and MID if the resource may be significant An appropriate treatment plan for the resources shall then be developed by the Applicant for approval by MID The archaeologist shall consult with Native American representatives in determining appropriate treatment for prehistoric or Native American cultural resources if discovered
In considering any suggested mitigation proposed by the archaeologist the Applicant and MID shall determine whether avoidance is feasible in light of factors such as the nature of the find project design costs and other considerations If avoidance is not feasible other appropriate measures (eg data recovery) shall be instituted Work may proceed in other parts of the Project site while mitigation for cultural resources in other areas of the site is being carried out
Less than Significant
Impact 45-2 The proposed Project could potentially destroy a unique paleontological resource or site or unique geologic feature
Potentially Significant
Mitigation Measure 45-2 If Paleontological Resources are Discovered During Ground-Disturbing Activities Suspend Work until Resource is Evaluated Prior to the initiation of site preparation or start of construction (and subsequently decommissioning) the Applicant shall retain a qualified professional paleontologist or a California Registered Professional Geologist (California RPG) with appropriate paleontological expertise as defined by the Society of Vertebrate Paleontologyrsquos Conformable Impact Mitigation Guidelines Committee (SVP 1995 Guidelines) to carry out a paleontological resources training program for construction workers involved in grading and excavation activities Training shall include awareness and recognition of potential fossil materials and the procedures to follow if construction crews encounter fossil materials in the course of earthwork excavation or grading If construction crews discover potential fossils all earthwork or other types of ground disturbance within 50 feet of the find shall stop immediately until the qualified professional paleontologist can assess the nature and importance of the find Based on the scientific value or uniqueness of the find the monitor may record the find and allow work to continue or recommend salvage and recovery of the fossil The Applicant shall require the paleontologist to be ldquoon-callrdquo throughout the duration of ground-disturbing activities
Less than Significant
103
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-13 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Cultural and Paleontological Resources (cont)
Impact 45-3 The proposed Project could potentially disturb any human remains including those interred outside of formal cemeteries
Potentially Significant
Mitigation Measure 45-3 Halt Work if Human Skeletal Remains are Identified During Construction If human skeletal remains are uncovered during Project construction (and subsequently decommissioning) work shall immediately halt within 100 feet of the find The Applicant shall contact the Stanislaus County Coroner to evaluate the remains and shall follow the procedures and protocols set forth in sect150645(e)(1) of the CEQA Guidelines If the County Coroner determines that the remains are Native American the Applicant shall contact the Native American Heritage Commission in accordance with Health and Safety Code Section 70505 subdivision (c) and Public Resources Code 509798 (as amended by AB 2641) The Native American Heritage Commission will designate a Most Likely Descendent of the deceased Native American who will provide recommendations as to the future disposition of the remains
Less than Significant
Energy Conservation
Impact 46-1 The construction operation and maintenance and decommissioning of the Project could result in consumption of energy
Less than Significant
None required
Impact 46-2 Construction operation and maintenance and decommissioning of the Project would require use of transportation energy
Less than Significant
None required
Impact 46-3 The Projectrsquos overall use of efficient transportation alternatives would be limited
Less than Significant
None required
Geology and Soils
Impact 47-1 The Project could expose people or structures to potential adverse effects including the risk of loss injury or death involving strong seismic ground shaking and earthquake-induced ground failure (such as liquefaction and lateral spreading)
Less than Significant
None required
Impact 47-2 The Project could result in soil erosion or loss of topsoil
Less than Significant
None required
Impact 47-3 The Project could be located on expansive soil as defined in Table 18-1-B of the Uniform Building Code (1994) creating risks to life or property
Less than Significant
None required
104
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-14 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Geology and Soils (cont)
Impact 47-4 The Project site could have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater
Less than Significant
None required
Greenhouse Gas Emissions
Impact 48-1 The Project would result in emissions of greenhouse gases that would contribute to global climate change
Less than Significant
None required
Impact 48-2 The Project could conflict with the California Air Resources Boardrsquos Climate Change Scoping Plan
Potentially Significant
Mitigation Measure 48-2 Low SF6 Leak Rate Circuit Breaker and Monitoring The Applicant shall ensure that the circuit breaker installed at the proposed new substation has a guaranteed SF6 annual leak rate of no more than 05 percent by volume The Applicant shall provide Modesto Irrigation District with documentation of compliance such as specification sheets prior to installation of the circuit breaker In addition the Applicant shall monitor the SF6-containing circuit breaker at the substation consistent with Scoping Plan Measure H-6 for the detection and repair of leaks
Less than Significant
Hazards and Hazardous Materials
Impact 49-1 Project construction decommissioning and operationmaintenance could create a hazard to the public or the environment through the routine transport use or disposal of hazardous materials
Less than Significant
None required
Impact 49-2 The Project could result in an accidental spill or leak during construction or decommissioning that could release hazardous materials into the environment
Potentially Significant
Mitigation Measure 49-2 Accidental Spill Prevention and Response Plan The Applicant shall prepare an Accidental Spill Prevention and Response Plan for construction and decommissioning activities for review and approval by Modesto Irrigation District The plan shall identify measures to prevent accidental spills from leaving the site and methods for responding to and cleaning up spills to limit the amount of materials released into the environment Such measures shall include but not be limited to ensuring that absorbent material tarps storage drums and other emergency spill supplies and equipment are kept at the Project site at all times
Less than Significant
Hydrology and Water Quality
Impact 410-1 The Project could potentially degrade water quality such that it could violate water quality standards or waste discharge requirements
Less than Significant
None required
105
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-15 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Hydrology and Water Quality (cont)
Impact 410-2 The Project could alter the existing drainage pattern of the site in a manner that could result in erosion or sedimentation on- or off-site or which could contribute to flooding
Less than Significant
None required
Impact 410-3 The Project could create or contribute runoff water that could exceed the capacity of existing or planned stormwater drainage systems or provide additional sources of polluted runoff
Less than Significant
None required
Impact 410-4 The Project could expose people or structures to a risk of loss injury or death involving flooding including flooding as a result of the failure of a levee or dam
Less than Significant
None required
Land Use and Planning
The Project would have no impacts in this resource area
Mineral Resources
The Project would have no impacts in this resource area
Noise
Impact 413-1 Project-related post driving would result in exposure of persons to groundborne vibration
Less than Significant
None required
Impact 413-2 Operation and maintenance of the Project would increase local ambient noise levels
Less than Significant
None required
Impact 413-3 Project construction and decommissioning activities would temporarily increase local ambient noise levels
Less than Significant
None required
Population and Housing
The Project would have no impacts in this resource area
106
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-16 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Public Services
The Project would have no impacts in this resource area
Recreation
The Project would have no impacts in this resource area
Transportation and Traffic
Impact 417-1 Project construction and decommissioning activities could intermittently and temporarily increase traffic congestion due to vehicle trips generated by construction workers and construction vehicles on area roadways
Potentially Significant
Mitigation Measure 417-1a MID Traffic Control Measures During construction and decommissioning of the sub-transmission and distribution lines and fiber optic cable MID shall implement the following traffic mitigation measures from the 2006 PEIR Update (2006 PEIR Update p 10-6)
1 MID will coordinate design and construction of program facilities with the agencies with jurisdiction including Caltrans counties cities special districts other utilities and the FAA as required
2 MID will obtain any necessary encroachment permits inspections or other approvals from agencies with jurisdiction
2A MID will obtain any necessary approvals and inspections from agencies with jurisdiction
2B MID shall coordinate the design and construction and shall obtain any necessary permits from the County City or State prior to placing any facilities within the public road rights-of-way of those agencies and shall conform to applicable conditions in the encroachment permit
3 MID will utilize all necessary precautions to minimize safety concerns when working within public road rights-of-way Traffic safety cones construction signage or other measures will be used to alert drivers to construction activities
4 Electrical facilities placed within public rights-of-way will comply with applicable standards for avoiding hazards to drivers pedestrians and bicyclists
Less than Significant
Mitigation Measure 417-1b Applicant Construction Traffic Management and Safety Plan Prior to the start of construction (and subsequently decommissioning) of the Project the Applicant shall prepare and implement a Traffic Management and Safety Plan that shall reduce or eliminate impacts associated with the Project The Plan shall adhere to Stanislaus County and Caltrans requirements and shall include at a minimum the following elements
a) Schedule Project-generated construction truck trips on SR 99 SR 108 and SR 219 outside the peak morning and evening commute hours to reduce potential traffic congestion and reduce potential for transit delays during the peak commute periods
107
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-17 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Transportation and Traffic (cont)
Impact 417-1 (cont) b) Comply with transportation permit requirements of Caltrans and CHP when scheduling Project-generated construction truck trips carrying oversized loads In addition provide pre-notification to local police fire and emergency service providers of the timing location and duration of construction activities that could affect the movement of emergency vehicles on area roadways
c) Place signs (eg ldquoSlow Trucksrdquo andor ldquoTrucks Turning Aheadrdquo) along appropriate roads to notify drivers of construction traffic throughout the duration of the construction period
Impact 417-2 The Project could conflict with established congestion management programs on affected roads or highways
Less than Significant
None required
Impact 417-3 Project construction and decommissioning activities could substantially increase traffic hazards due to construction in or adjacent to roads
Potentially Significant
Mitigation Measure 417-3 Implement Mitigation Measures 417-1a and 417-1b Less than Significant
Impact 417-4 The Project could result in inadequate emergency access
Potentially Significant
Mitigation Measure 417-4 Develop an Emergency Access Plan for the Site The Applicant shall develop and implement an Emergency Access Plan which shall include evacuation routes and strategies to ensure accessibility and mobility for project area and emergency vehicles Additional measures include developing an emergency action plan that identifies roles and responsibilities during emergencies and to update the plan regularly
Less than Significant
Utilities and Service Systems
Impact 418-1 The proposed Project would require or result in the construction of new stormwater drainage facilities the construction of which could cause significant environmental effects
Less than Significant
None required
108
109
110
REFERRED TO
YE
S
NO
WILL NOT
HAVE
SIGNIFICANT
IMPACT
MAY HAVE
SIGNIFICANT
IMPACT
NO COMMENT
NON CEQA YE
S
NO
YE
S
NO
AGRICULTURE COMMISSIONER X
AIRPORT LAND USE COMMISSION X
ALLIANCE X
BUILDING PERMITS DIVISION X X X
CALTRANS DISTRICT 10 X
CHIEF EXECUTIVE OFFICE X
CITY OF RIVERBANK X
COOPERATIVE EXTENSION X
CORPS OF ENGINEERS X
COUNTY COUNSEL X
ENVIRONMENTAL RESOURCES X X X
FIRE PROTECTION DIST STANISLAUS
CONSOLIDATED X X X
FISH amp GAME DEPT OF X
HAZARDOUS MATERIALS X
IRRIGATION DISTRICT MODESTO X X X
LAFCO X
MODESTO REGIONAL FIRE AUTHORITY FPB X
MOSQUITO DISTRICT EASTSIDE X
MT VALLEY EMERGENCY MEDICAL X
PACIFIC GAS amp ELECTRIC X
PUBLIC WORKS X X X
REGIONAL WATER QUALITY CONTROL X
SAN JOAQUIN VALLEY APCD X
SCHOOL DISTRICT 1 MODESTO X X X
SCHOOL DISTRICT 2 STANISLAUS X
SHERIFF X
StanCOG X
STANISLAUS COUNTY FARM BUREAU X
STANISLAUS ERC X
STATE CLEARINGHOUSE X
STATE LANDS COMMISSION X
SUPERVISORIAL DISTRICT 4 MONTEITH X
SURROUNDING LAND OWNERS
TELEPHONE COMPANY ATampT X
UNITED STATES MILITARY AGENCIES (SB 1462) (5 agencies) X
US FISH amp WILDLIFE X
X
X
SUMMARY OF RESPONSES FOR USE PERMIT REVIEW REFERRALS
RESPONDED RESPONSEMITIGATION
MEASURESCONDITIONS
PROJECT USE PERMIT APPLICATION NO 2011-10 - McHENRY SOLAR FARM
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
RESPONSIBLE
AGENCY REFERRAL
PUBLIC HEARING
NOTICE
X
X
X
X
X
X
X
X
X
111
Motlesto Irrlatlo~lt1ID BOARD RESOLUTIO N
II DIlrld VialfrantJ PCMl
could include obsidian and chert f1aked~stone tools (eg projectile points knives scrapers) or toolmaking debris culturally darkened soil (ilmidden) containing heat~affected rocks artifacts
or shellfish remains and stone milling equipment (eg mortars pestles handstones or milling slabs) and battered stone tools such as hammerstones and pitted stones Historic~period materials could include stone concrete or adobe footings and walls filled wells or privies and
deposits of metal glass andor ceramic refuse The archaeologist shall notify the Applicant and MID if the resource may be significant An appropriate treatment plan for the resources shall then be developed by the Applicant for approval by MID The archaeologist shall consult with Native American representatives in determining appropriate treatment for prehistoric or Native American cultural resources if discovered In considering any suggested mitigation proposed by the archaeologist the Applicant and MID shall determinewhether avoidance is feasible in light of factors such as the nature of the find project design costs and other considerations If avoidance is not feasible other appropriate measures (eg data recovery) shall be instituted Work may proceed in other parts of the Project site while mitigation for cultural resources in other areas of the site is being carried out
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation ofthis measure will reduce the potentially significant impact on unique archaeological resources
Impact 45-2
Impact 45-2 The proposed Project could potentially destroy a unique paleontological resource or site or unique geologic feature (DEIR page ES-12)
Mitigation Measure
Mitigation Measure 45-2 If Paleontological Resources are Discovered During Ground-Disturbing Activities Suspend Work until Resource is Evaluated Prior to the initiation of site preparation or start of construction (and subsequently decommissioning) the Applicant shall retain a qualified profeSSional paleontologist or a California Registered Professional Geologist (California RPG) with appropriate paleontological expertise as defined by the Society of Vertebrate Paleontologys Conformable Impact Mitigation Guidelines Committee (SVP 1995 Guidelines) to carry out a paleontological resources training program for construction workers involved in grading and excavation activities Training shall include awareness and recognition of potential fossil materials and the procedures to follow if construction crews encounter fossil materials in the course of earthwork excavation or grading If construction crews discover potential fossils all earthwork or other types of ground disturbance within 50 feet of the find shall stop immediately until the qualified professional paleontologist can assess the nature and importance of the find Based on the scientific value or uniqueness of the find the monitor may record the find and allow work to continue or recommend salvage and recovery of the fossil The Applicant shall require the paleontologist to be on-call throughout the duration of ground-disturbing activities
DOCS_N27154S_ V4_Boa rd_Agenda_Report]or_The_Mchenry _Solar ]a_ProjecC7_26_11 Rev Dec 2010 92
ID= BOARD RESOLUTION I 11 DlstrldwIltIdPowt
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation of this measure will reduce the potentially significant impact on paleontological resources
Impact 45-3
Impact 45-3 The proposed Project could potentially disturb any human remains including those interred outside of formal cemeteries (DEIR page ESmiddot13)
Mitigation Measure
Mitigation Measure 45-3 Halt Work if Human Skeletal Remains are Identified During Construction If human skeletal remains are uncovered during Project construction (and subsequently decommissioning) work shall immediately halt within 100 feet of the find The Applicant shall contact the Stanislaus County Coroner to evaluate the remains and shall follow the procedures and protocols set forth in sect150645(e(1) of the CEQA Guidelines If the County Coroner determines that the remains are Native American the Applicant shall contact the Native American Heritage Commission in accordance with Health and Safety Code Section 70505 subdivision (c) and Public Resources Code 509798 (as amended by AB 2641) The Native American Heritage Commission will designate a Most Likely Descendent of the deceased Native American who will provide recommendations as to the future disposition ofthe remains
Finding
The Board finds based on substantjal evidence presented in the record of proceedings that implementation of this measure will reduce the potentially Significant impact on human remains
Greenhouse Gas Emissions
Impact 48-2
Impact 48-2 The Project could conflict with the California Air Resources Boards Climate Change Scoping Plan (DEIR page ES-14)
Mitigation Measure
Mitigation Measure 48-2 Low SF6 Leak Rate Circuit Breaker and Monitoring The applicant shall ensure that the circuit breaker installed at the proposed new substation has a guaranteed SF6 annual leak rate of no more than 05 percent by volume The Applicant shall provide MID with documentation of compliance such as specification sheets prior to installation of the circuit breaker In addition the Applicant shall monitor the SF6middotcontaining circuit breaker at the substation consistent with Scoping Plan Measure H-6 for the detection and repair of leaks
OOCSN271545V4BoarltljgendaReportJo rTheMchenry_SolarJarm_Project72611 Rev Dec 2010 93
~MID
Mst Irrl_60 BOARD RESOLUTION
II District Weltr _rut Pampftl
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation ohhis measure will reduce the potentially significant impact on greenhouse gas emissions
Hazards and Hazardous Materials
Impact 49-2
Impact 49-2 The Project could result in an accidental spill or leak during construction or decommissioning that could release hazardous materials into the environment (DEIR page ESshy14)
Mitigation Measure
Mitigation Measure 49-2 Accidental Spill Prevention and Response Plan The Applicant shall prepare an Accidental Spill Prevention and Response Plan for construction and decommissioning activities for review and approval by Modesto Irrigation District The plan shall identify measures to prevent accidental spills from leaving the site and methods for responding to and cleaning up spills to limit the amount of materials released into the environment Such measures shall include but not be limited to ensuring that absorbent material tarps storage drums and other emergency spill supplies and equipment are kept at the Project site at all times
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation of this measure will reduce the potentially significant impact on hazardous materials
Transportation and Traffic
Impact 417-1
Impact 417-1 Project construction and decommissioning activities could intermittently and temporarily increase traffic congestion due to vehicle trips generated by construction workers and construction vehicles on area roadways (DEIR page ES-16)
Mitigation Measure
Mitigation Measure 417-1a MID Traffic Control Measures During construction and decommissioning of the sub-transmission and distribution lines and fiber optic cable MID shall implement the following traffic mitigation measures from the 2006 PEIR Update (2006 PEIR Update p 10-6)
DOCSN271545V4BoadAgendaRepoCForTheMhenrvSolaFarmProJeet72611 Rev Dolt 2010 94
cIbullbulltomiddot Irrlgatlon BOARD RESOLUTION e DistrIct~lt1ID
Wntr and POwtf
1 MID will coordinate design and construction of program facilities with the agencies with jurisdiction including Caltrans counties cities special districts other utilities and the FAA as required
2 MID will obtain any necessary encroachment permits inspections or other approvals from agencies with jurisdiction
2A MID will obtain any necessary approvals and inspections from agencies with jurisdiction
2B MID shall coordinate the design and construction and shall obtain any necessary permits from the County City or State prior to placing any facilities within the public road rights-of-way of those agencies and shall conform to applicable conditions in the encroachment permit
3 MID will utilize all necessary precautions to minimize safety concerns when working within public road rights-of-way Traffic safety cones construction signage or other measures will be used to alert drivers to construction activities
4 Electrical facilities placed within public rights-of-way will comply with applicable standards for avoiding hazards to drivers pedestrians and bicyclists
Mitigation Measure 417-1bApplicant Construction Traffic Management and Safety Plan Prior to the start of construction (and subsequently decommissioning) of the Project the Applicant shall prepare and implement a Traffic Management and Safety Plan that shall reduce or eliminate impacts associated with the Project The Plan shall adhere to Stanislaus County and Caltrans requirements and shall include at a minimum the following elements
a) Schedule Project-generated construction truck trips on SR 99 SR 108 and SR 219 outside the peak morning and evening commute hours to reduce potential traffic congestion and reduce potentia I for transit delays during the p traffic congestion and reduce potential for transit delays during the peak commute periods
b) Comply with transportation permit requirements of Caltrans and CHP when scheduling Project-generated construction truck trips carrying oversized loads In addition provide preshynotification to local police fire and emergency service providers of the timing location and duration of construction activities that could affect the movement of emergency vehicles on area roadways
c) Place signs (eg Slow Trucks andor Trucks Turning Ahead) along appropriate roads to notify drivers of construction traffic throughout the duration of the constructionperiodeak commute periods
DOCSN271545V4Boord_AgendaReportJorThe_MchenrySolaFa rmProject72611 Rev Dec 2010 95
IDn BOARD RESOLUTION~ -bl Dstrld Water lila POwtr
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation ofthis measure will reduce the potentially significant impact on traffic and transportation
Impact 417-3
Impact 417-3 Project construction and decommissioning activities could substantially increase traffic hazards due to construction in or adjacent to roads (DEIR page ES-17)
Mitigation Measure
Mitigation Measure 417-3 Implement Mitigation Measures 417-1a and 417-1b
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation of this measure will reduce the potentially significant impact on traffic and transportation
Impact 417-4
Impact 417-4 The Project could result in inadequate emergency access (DEIR page ES-17)
Mitigation Measure
Mitigation Measure 417-4 Develop an Emergency Access Plan for the Site The Applicant shall develop and implement an Emergency Access Plan which shall include evacuation routes and strategies to ensure accessibility and mobility for project area and emergency vehicles AdditionaI measures include developing an emergency action plan that identifies roles and responsibilities during emergencies and to update the plan regularly
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation of this measure will reduce the potentially significant impact on emergency access
VIII PROJECT ALTERNATIVES
The McHenry Solar Farm Project EIR is a project-specific ErR that evaluated a more than a dozen alternative locations to the proposed site three alternative sub-transmission line interconnection points for the proposed site three alternative solar technologies concentrated solar parabolic trough concentrated solar power tower and thin-film PV and two alternative approaches to the proposed generation of solar energy conservation and demand side management and distributed generation solar Table 1 lists the alternatives that were considered as well as which ones passed and the others that failed the screening analysis that was performed In addition the No Project Alternative was conSidered
DOCSN271545 V4BoardAgend bullbullReporCFor TheMchenry SolarFarmProJect72611 Rev Dec 2010
bull
96
~IDn BOARD RESOLUTION bJlTI District Waterlnd Power
The Final EIR presented the analysis for rejecting the alternative sites The Board independently evaluated this analysis and concurs in the analysis and conclusions presented The answering of the key question (See CEQA Guidelines Section 151266f)(2)A)) the Board finds that the Project does not cause any significant
environmental effect that is not reduced to less than significant with mitigation measures Never the lessl the EIR opted to address alternative sites
Various public comments offered generalized comments on alternatives sites No substantial evidence was presented regarding the feasibility of such sites or the reasonable ability of the Applicant to acquire the sitesl
and substantial evidence was not presented that these alternative sites would lessen all ofthe Projects significant effects to less than significant
DOCS_N271545_V4_Board_Ai n_ReporCFor _The_Mchenry _SolacFarm_Project_7 _26_11 Rev Dec 2010 97
COPIES OF THE DRAFT AND FINAL ENVIRONMENTALIMPACT REPORT AND ARE AVAILABLE FOR REVIEW ATTHE COUNTY PLANNING DEPARTMENT OFFICE OR VIATHE INTERNET AThttpwwwstancountycomplanningplagenda-min-2011shtm HARD COPIES OF ALL EIR DOCUMENTS REFERENCED INTHIS REPORT HAVE BEEN PROVIDED TO EACH MEMBEROF THE PLANNING COMMISSION
98
Executive Summary
McHenry Solar Project ES-8 May 2011 Draft Environmental Impact Report
TABLE ES-1 SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Aesthetics Visual Quality and Light and Glare
Impact 41-1 The Project could degrade the existing visual character or quality of the site and its surroundings
Less than Significant
None required
Impact 41-2 The Project would create a new source of light or glare which could adversely affect daytime or nighttime views in the area
Potentially Significant
Mitigation Measure 41-2 Nighttime Construction Lighting Nighttime construction lighting if required shall be shielded and oriented downward to minimize effects on any nearby receptors Lighting shall be directed toward active construction areas only and shall have the minimum brightness necessary to ensure worker safety
Less than Significant
Agriculture and Forest Resources
Impact 42-1 The Project would temporarily discontinue the current exclusive agricultural use (row crops) of Prime Farmland to a mix of agricultural use (grazing) and non-agricultural use
Less than Significant
None required
Air Quality
Impact 43-1 Construction and decommissioning activities would generate emissions of criteria pollutants including suspended and inhalable particulate matter and equipment exhaust emissions
Potentially Significant
Mitigation Measure 43-1 Implement Dust Control Measures The Applicant shall submit a Dust Control Plan to the APCO for approval prior to start of construction (and subsequently decommissioning) activities The Plan shall cover both Applicant and MID activities and shall require implementation of the following dust control measures
All disturbed areas including storage piles that are not being actively used for construction purposes shall be effectively stabilized of dust emissions using water chemical stabilizersuppressant covered with a tarp or other suitable cover or vegetative ground cover
All on-site unpaved roads and off-site unpaved access roads shall be effectively stabilized of dust emissions using water or chemical stabilizersuppressant
All land clearing grubbing scraping excavation land leveling grading cut and fill and demolition activities shall be effectively controlled of fugitive dust emissions using application of water or by presoaking
When materials are transported off-site all material shall be covered or effectively wetted to limit visible dust emissions and at least six inches of freeboard space from the top of the container shall be maintained
Limit or expeditiously remove trackout (ie accumulation of mud or dirt from Project-related vehicle tires) from adjacent public streets near the Project access points Trackout shall be immediately removed from public streets when it extends 50 or more feet from the Project access points otherwise trackout shall be removed at the end of each workday (The use of dry rotary brushes is expressly prohibited except where preceded or accompanied by sufficient wetting to limit the visible dust emissions)(Use of blower devices is expressly forbidden)
Less than Significant
99
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-9 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Air Quality (cont)
Impact 43-1 (cont) Following the addition of materials to or removal of materials from the surface of outdoor storage piles said piles shall be effectively stabilized of fugitive dust emissions using sufficient water or chemical stabilizersuppressant
Limit traffic speed on unpaved on-site roads to 15 mph
Install sandbags or other erosion control measures to prevent silt runoff to public roadways from sites with a slope greater than one percent
Install windbreaks at windward side(s) of construction areas
Suspend excavation and grading activity when winds exceed 20 mph
Impact 43-2 Operation of the Project would generate exhaust emissions of criteria pollutants from routine operations
Less than Significant
None required
Impact 43-3 The Project could result in permanently disturbed land that would serve as a source of fugitive dust emissions
Less than Significant
None required
Impact 43-4 Construction and decommissioning emissions associated with the Project could result in emissions of ozone precursors and particulate matter that would be cumulatively considerable
Potentially Significant
Mitigation Measure 43-4 Implement Mitigation Measure 43-1 Less than Significant
Impact 43-5 Operation and maintenance of the Project could generate emissions of criteria pollutants that would be cumulatively considerable
Less than Significant
None required
Impact 43-6 The Project would generate emissions of criteria pollutants potentially exposing sensitive receptors to harmful pollutant concentrations
Potentially Significant
Mitigation Measure 43-6 Implement Mitigation Measure 43-1 Less than Significant
Impact 43-7 The Project would generate emissions of Toxic Air Contaminants potentially exposing sensitive receptors to harmful pollutant concentrations
Less than Significant
None required
100
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-10 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Biological Resources
Impact 44-1 Applicant Project activities could result in potential disturbance or loss of Swainsonrsquos hawk and their habitat
Potentially Significant
Mitigation Measure 44-1a Preconstruction Surveys for Swainsonrsquos Hawk If Project-related construction or decommissioning activities are planned to occur during the nesting period (March 1 to September 15) the Applicant shall engage a qualified biologist to conduct preconstruction surveys for Swainsonrsquos hawk and their nests no more than 14 days before the start of construction or decommissioning activities within 025 mile of the Project site where access is available Survey results shall be submitted to CDFG at least three days prior to the start of construction or decommissioning activities If active nests are not identified no further action is required and constructiondecommissioning may proceed If active nests are identified the Applicant shall consult with CDFG to develop and implement suitable avoidance measures consistent with the Staff Report Regarding Mitigation for Impacts to Swainsonrsquos Hawks in the Central Valley of California (CDFG 1994) To avoid impacting breeding efforts no construction or decommissioning activities shall occur between March 1 and September 15 within 500 feet of an active nest that could cause nest abandonment or forced fledging These buffers may be reduced in consultation with CDFG
Depending on conditions specific to each active nest and the relative location and rate of construction or decommissioning activities it may be feasible for such activities to occur as planned within the buffer without impacting the breeding effort In this case (to be determined in consultation with CDFG) the nest(s) shall be monitored by a qualified biologist during construction or decommissioning within the buffer The monitor shall have ldquostop workrdquo authority If in the professional opinion of the monitor Project activities are negatively affecting the nesting behavior of the bird the monitor shall stop all such activities within the designated buffer Construction or decommissioning activities shall not resume until either the monitor has determined that the young have fledged the nest or as otherwise approved by CDFG
With CDFG concurrence construction activities that are initiated outside the nesting season may continue even if raptors choose to nest within 500 feet of work activities Thus work may continue without delay if surveys verify the local absence of nesting raptors or if construction begins outside the nesting period (September 16 to February 28)
Less than Significant
Mitigation Measure 44-1b Reduce Construction Noise Levels If it appears that noise or vibration from vibratory post driving associated with Project construction (or other similar noise-generating construction or decommissioning activity) could affect nesting Swainsonrsquos hawks that arrive after the start of construction specific measures including but not limited to use of noise dissipaters shall be implemented to reduce noise levels During post driving a noise level of no greater than 85 decibels (measured at the nest) shall be used as general guidance for nests that are established after construction
Impact 44-2 MID activities could result in potential disturbance or loss of Swainsonrsquos hawk and their habitat
Potentially Significant
Mitigation Measure 44-2 Avian-safe Transmission Line (MID) Transmission poles should be designed using criteria identified in Avian Power Line Interaction Committee (APLIC 2006)
Less than Significant
101
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-11 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Biological Resources (cont)
Impact 44-3 Project activities could impact other tree-nesting raptors andor protected nesting migratory birds
Potentially Significant
Mitigation Measure 44-3 Preconstruction Raptor Surveys (Applicant) If Project-related construction andor decommissioning activities are to occur during the breeding period for nesting raptors andor protected nesting migratory birds (February 1 through August 31) the Applicant shall engage a qualified biologist to conduct preconstruction surveys of all potential habitat within 500 feet of the Project site no more than 14 days prior to the start of construction or decommissioning activities If active nests are not identified no further action is necessary If active nests are identified during preconstruction surveys a no-disturbance buffer shall be created around active raptor nests and nests of other special-status birds during the breeding season or until it is determined by the qualified biologist that all young have fledged Typical buffers are 500 feet for raptors and 250 feet for other nesting birds (eg waterfowl and passerine birds) The size of these buffer zones and types of construction or decommissioning activities allowed in these areas could be further modified in coordination with CDFG and shall be based on existing noise and disturbance levels in the Project area
Less than Significant
Impact 44-4 Project activities could result in potential disturbance or loss of burrowing owls and their habitat
Potentially Significant
Mitigation Measure 44-4a Preconstruction Burrowing Owl Surveys (Applicant) The Applicant shall engage a qualified biologist to conduct preconstruction surveys for burrowing owls 14 to 30 days prior to the start of construction or decommissioning using the most current CDFG protocol Surveys shall cover grassland areas within a 500-foot buffer from all Project constructiondecommissioning activities that are within suitable grasslands habitat including checking for adult and juvenile burrowing owls and owl nests If owls are detected during surveys occupied burrows shall not be disturbed
Constructiondecommissioning exclusion areas (eg orange exclusion fence or signage) shall be established around the occupied burrows where no disturbance shall be allowed During the nonbreeding season (September 1 through January 31) the exclusion zone shall extend 160 feet around occupied burrows During the breeding season (February 1 through August 31) exclusion areas shall extend 250 feet around occupied burrows
If the above requirements cannot be met passive relocation of on-site owls may be implemented as an alternative but only during the nonbreeding season and only with prior CDFG approval Passive relocation shall be accomplished by installing one-way doors on the entrances of burrows located within 160 feet of the Project area The one-way doors shall be left in place for 48 hours to ensure the owls have left the burrow The burrows shall then be excavated with a qualified biologist present Constructiondecommissioning shall not proceed until the Project area is deemed free of owls by the qualified biologist
Less than Significant
Mitigation Measure 44-4b Preconstruction Burrowing Owl Surveys (MID) Prior to construction MID shall conduct pre-construction surveys for burrowing owl for the sub-transmissiondistribution line and fiber optic cable alignment These surveys shall be conducted using the most up-to-date CDFG published protocols (eg CDFGs 1995 Staff Report on Burrowing Owl Mitigation) If owls are detected during surveys occupied burrows shall not be disturbed
102
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-12 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Cultural and Paleontological Resources
Impact 45-1 The proposed Project could potentially cause an adverse change in the significance of a unique archaeological resource pursuant to sect150645
Potentially Significant
Mitigation Measure 45-1 If Cultural Resources are Discovered During Ground-Disturbing Activities Suspend Work until Resource is Evaluated Prior to the initiation of site preparation or start of construction (and subsequently decommissioning) the Applicant shall retain a qualified professional archaeologist to complete an archaeological resources training program for construction workers involved in grading and excavation activities Training shall include awareness and recognition of archaeological materials and the procedures to follow if construction crews encounter such materials in the course of earthwork excavation or grading If archaeological resources are encountered all activity within 50 feet of the find shall cease until it can be evaluated by a qualified archaeologist Prehistoric archaeological materials could include obsidian and chert flaked-stone tools (eg projectile points knives scrapers) or toolmaking debris culturally darkened soil (ldquomiddenrdquo) containing heat-affected rocks artifacts or shellfish remains and stone milling equipment (eg mortars pestles handstones or milling slabs) and battered stone tools such as hammerstones and pitted stones Historic-period materials could include stone concrete or adobe footings and walls filled wells or privies and deposits of metal glass andor ceramic refuse The archaeologist shall notify the Applicant and MID if the resource may be significant An appropriate treatment plan for the resources shall then be developed by the Applicant for approval by MID The archaeologist shall consult with Native American representatives in determining appropriate treatment for prehistoric or Native American cultural resources if discovered
In considering any suggested mitigation proposed by the archaeologist the Applicant and MID shall determine whether avoidance is feasible in light of factors such as the nature of the find project design costs and other considerations If avoidance is not feasible other appropriate measures (eg data recovery) shall be instituted Work may proceed in other parts of the Project site while mitigation for cultural resources in other areas of the site is being carried out
Less than Significant
Impact 45-2 The proposed Project could potentially destroy a unique paleontological resource or site or unique geologic feature
Potentially Significant
Mitigation Measure 45-2 If Paleontological Resources are Discovered During Ground-Disturbing Activities Suspend Work until Resource is Evaluated Prior to the initiation of site preparation or start of construction (and subsequently decommissioning) the Applicant shall retain a qualified professional paleontologist or a California Registered Professional Geologist (California RPG) with appropriate paleontological expertise as defined by the Society of Vertebrate Paleontologyrsquos Conformable Impact Mitigation Guidelines Committee (SVP 1995 Guidelines) to carry out a paleontological resources training program for construction workers involved in grading and excavation activities Training shall include awareness and recognition of potential fossil materials and the procedures to follow if construction crews encounter fossil materials in the course of earthwork excavation or grading If construction crews discover potential fossils all earthwork or other types of ground disturbance within 50 feet of the find shall stop immediately until the qualified professional paleontologist can assess the nature and importance of the find Based on the scientific value or uniqueness of the find the monitor may record the find and allow work to continue or recommend salvage and recovery of the fossil The Applicant shall require the paleontologist to be ldquoon-callrdquo throughout the duration of ground-disturbing activities
Less than Significant
103
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-13 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Cultural and Paleontological Resources (cont)
Impact 45-3 The proposed Project could potentially disturb any human remains including those interred outside of formal cemeteries
Potentially Significant
Mitigation Measure 45-3 Halt Work if Human Skeletal Remains are Identified During Construction If human skeletal remains are uncovered during Project construction (and subsequently decommissioning) work shall immediately halt within 100 feet of the find The Applicant shall contact the Stanislaus County Coroner to evaluate the remains and shall follow the procedures and protocols set forth in sect150645(e)(1) of the CEQA Guidelines If the County Coroner determines that the remains are Native American the Applicant shall contact the Native American Heritage Commission in accordance with Health and Safety Code Section 70505 subdivision (c) and Public Resources Code 509798 (as amended by AB 2641) The Native American Heritage Commission will designate a Most Likely Descendent of the deceased Native American who will provide recommendations as to the future disposition of the remains
Less than Significant
Energy Conservation
Impact 46-1 The construction operation and maintenance and decommissioning of the Project could result in consumption of energy
Less than Significant
None required
Impact 46-2 Construction operation and maintenance and decommissioning of the Project would require use of transportation energy
Less than Significant
None required
Impact 46-3 The Projectrsquos overall use of efficient transportation alternatives would be limited
Less than Significant
None required
Geology and Soils
Impact 47-1 The Project could expose people or structures to potential adverse effects including the risk of loss injury or death involving strong seismic ground shaking and earthquake-induced ground failure (such as liquefaction and lateral spreading)
Less than Significant
None required
Impact 47-2 The Project could result in soil erosion or loss of topsoil
Less than Significant
None required
Impact 47-3 The Project could be located on expansive soil as defined in Table 18-1-B of the Uniform Building Code (1994) creating risks to life or property
Less than Significant
None required
104
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-14 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Geology and Soils (cont)
Impact 47-4 The Project site could have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater
Less than Significant
None required
Greenhouse Gas Emissions
Impact 48-1 The Project would result in emissions of greenhouse gases that would contribute to global climate change
Less than Significant
None required
Impact 48-2 The Project could conflict with the California Air Resources Boardrsquos Climate Change Scoping Plan
Potentially Significant
Mitigation Measure 48-2 Low SF6 Leak Rate Circuit Breaker and Monitoring The Applicant shall ensure that the circuit breaker installed at the proposed new substation has a guaranteed SF6 annual leak rate of no more than 05 percent by volume The Applicant shall provide Modesto Irrigation District with documentation of compliance such as specification sheets prior to installation of the circuit breaker In addition the Applicant shall monitor the SF6-containing circuit breaker at the substation consistent with Scoping Plan Measure H-6 for the detection and repair of leaks
Less than Significant
Hazards and Hazardous Materials
Impact 49-1 Project construction decommissioning and operationmaintenance could create a hazard to the public or the environment through the routine transport use or disposal of hazardous materials
Less than Significant
None required
Impact 49-2 The Project could result in an accidental spill or leak during construction or decommissioning that could release hazardous materials into the environment
Potentially Significant
Mitigation Measure 49-2 Accidental Spill Prevention and Response Plan The Applicant shall prepare an Accidental Spill Prevention and Response Plan for construction and decommissioning activities for review and approval by Modesto Irrigation District The plan shall identify measures to prevent accidental spills from leaving the site and methods for responding to and cleaning up spills to limit the amount of materials released into the environment Such measures shall include but not be limited to ensuring that absorbent material tarps storage drums and other emergency spill supplies and equipment are kept at the Project site at all times
Less than Significant
Hydrology and Water Quality
Impact 410-1 The Project could potentially degrade water quality such that it could violate water quality standards or waste discharge requirements
Less than Significant
None required
105
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-15 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Hydrology and Water Quality (cont)
Impact 410-2 The Project could alter the existing drainage pattern of the site in a manner that could result in erosion or sedimentation on- or off-site or which could contribute to flooding
Less than Significant
None required
Impact 410-3 The Project could create or contribute runoff water that could exceed the capacity of existing or planned stormwater drainage systems or provide additional sources of polluted runoff
Less than Significant
None required
Impact 410-4 The Project could expose people or structures to a risk of loss injury or death involving flooding including flooding as a result of the failure of a levee or dam
Less than Significant
None required
Land Use and Planning
The Project would have no impacts in this resource area
Mineral Resources
The Project would have no impacts in this resource area
Noise
Impact 413-1 Project-related post driving would result in exposure of persons to groundborne vibration
Less than Significant
None required
Impact 413-2 Operation and maintenance of the Project would increase local ambient noise levels
Less than Significant
None required
Impact 413-3 Project construction and decommissioning activities would temporarily increase local ambient noise levels
Less than Significant
None required
Population and Housing
The Project would have no impacts in this resource area
106
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-16 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Public Services
The Project would have no impacts in this resource area
Recreation
The Project would have no impacts in this resource area
Transportation and Traffic
Impact 417-1 Project construction and decommissioning activities could intermittently and temporarily increase traffic congestion due to vehicle trips generated by construction workers and construction vehicles on area roadways
Potentially Significant
Mitigation Measure 417-1a MID Traffic Control Measures During construction and decommissioning of the sub-transmission and distribution lines and fiber optic cable MID shall implement the following traffic mitigation measures from the 2006 PEIR Update (2006 PEIR Update p 10-6)
1 MID will coordinate design and construction of program facilities with the agencies with jurisdiction including Caltrans counties cities special districts other utilities and the FAA as required
2 MID will obtain any necessary encroachment permits inspections or other approvals from agencies with jurisdiction
2A MID will obtain any necessary approvals and inspections from agencies with jurisdiction
2B MID shall coordinate the design and construction and shall obtain any necessary permits from the County City or State prior to placing any facilities within the public road rights-of-way of those agencies and shall conform to applicable conditions in the encroachment permit
3 MID will utilize all necessary precautions to minimize safety concerns when working within public road rights-of-way Traffic safety cones construction signage or other measures will be used to alert drivers to construction activities
4 Electrical facilities placed within public rights-of-way will comply with applicable standards for avoiding hazards to drivers pedestrians and bicyclists
Less than Significant
Mitigation Measure 417-1b Applicant Construction Traffic Management and Safety Plan Prior to the start of construction (and subsequently decommissioning) of the Project the Applicant shall prepare and implement a Traffic Management and Safety Plan that shall reduce or eliminate impacts associated with the Project The Plan shall adhere to Stanislaus County and Caltrans requirements and shall include at a minimum the following elements
a) Schedule Project-generated construction truck trips on SR 99 SR 108 and SR 219 outside the peak morning and evening commute hours to reduce potential traffic congestion and reduce potential for transit delays during the peak commute periods
107
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-17 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Transportation and Traffic (cont)
Impact 417-1 (cont) b) Comply with transportation permit requirements of Caltrans and CHP when scheduling Project-generated construction truck trips carrying oversized loads In addition provide pre-notification to local police fire and emergency service providers of the timing location and duration of construction activities that could affect the movement of emergency vehicles on area roadways
c) Place signs (eg ldquoSlow Trucksrdquo andor ldquoTrucks Turning Aheadrdquo) along appropriate roads to notify drivers of construction traffic throughout the duration of the construction period
Impact 417-2 The Project could conflict with established congestion management programs on affected roads or highways
Less than Significant
None required
Impact 417-3 Project construction and decommissioning activities could substantially increase traffic hazards due to construction in or adjacent to roads
Potentially Significant
Mitigation Measure 417-3 Implement Mitigation Measures 417-1a and 417-1b Less than Significant
Impact 417-4 The Project could result in inadequate emergency access
Potentially Significant
Mitigation Measure 417-4 Develop an Emergency Access Plan for the Site The Applicant shall develop and implement an Emergency Access Plan which shall include evacuation routes and strategies to ensure accessibility and mobility for project area and emergency vehicles Additional measures include developing an emergency action plan that identifies roles and responsibilities during emergencies and to update the plan regularly
Less than Significant
Utilities and Service Systems
Impact 418-1 The proposed Project would require or result in the construction of new stormwater drainage facilities the construction of which could cause significant environmental effects
Less than Significant
None required
108
109
110
REFERRED TO
YE
S
NO
WILL NOT
HAVE
SIGNIFICANT
IMPACT
MAY HAVE
SIGNIFICANT
IMPACT
NO COMMENT
NON CEQA YE
S
NO
YE
S
NO
AGRICULTURE COMMISSIONER X
AIRPORT LAND USE COMMISSION X
ALLIANCE X
BUILDING PERMITS DIVISION X X X
CALTRANS DISTRICT 10 X
CHIEF EXECUTIVE OFFICE X
CITY OF RIVERBANK X
COOPERATIVE EXTENSION X
CORPS OF ENGINEERS X
COUNTY COUNSEL X
ENVIRONMENTAL RESOURCES X X X
FIRE PROTECTION DIST STANISLAUS
CONSOLIDATED X X X
FISH amp GAME DEPT OF X
HAZARDOUS MATERIALS X
IRRIGATION DISTRICT MODESTO X X X
LAFCO X
MODESTO REGIONAL FIRE AUTHORITY FPB X
MOSQUITO DISTRICT EASTSIDE X
MT VALLEY EMERGENCY MEDICAL X
PACIFIC GAS amp ELECTRIC X
PUBLIC WORKS X X X
REGIONAL WATER QUALITY CONTROL X
SAN JOAQUIN VALLEY APCD X
SCHOOL DISTRICT 1 MODESTO X X X
SCHOOL DISTRICT 2 STANISLAUS X
SHERIFF X
StanCOG X
STANISLAUS COUNTY FARM BUREAU X
STANISLAUS ERC X
STATE CLEARINGHOUSE X
STATE LANDS COMMISSION X
SUPERVISORIAL DISTRICT 4 MONTEITH X
SURROUNDING LAND OWNERS
TELEPHONE COMPANY ATampT X
UNITED STATES MILITARY AGENCIES (SB 1462) (5 agencies) X
US FISH amp WILDLIFE X
X
X
SUMMARY OF RESPONSES FOR USE PERMIT REVIEW REFERRALS
RESPONDED RESPONSEMITIGATION
MEASURESCONDITIONS
PROJECT USE PERMIT APPLICATION NO 2011-10 - McHENRY SOLAR FARM
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
RESPONSIBLE
AGENCY REFERRAL
PUBLIC HEARING
NOTICE
X
X
X
X
X
X
X
X
X
111
ID= BOARD RESOLUTION I 11 DlstrldwIltIdPowt
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation of this measure will reduce the potentially significant impact on paleontological resources
Impact 45-3
Impact 45-3 The proposed Project could potentially disturb any human remains including those interred outside of formal cemeteries (DEIR page ESmiddot13)
Mitigation Measure
Mitigation Measure 45-3 Halt Work if Human Skeletal Remains are Identified During Construction If human skeletal remains are uncovered during Project construction (and subsequently decommissioning) work shall immediately halt within 100 feet of the find The Applicant shall contact the Stanislaus County Coroner to evaluate the remains and shall follow the procedures and protocols set forth in sect150645(e(1) of the CEQA Guidelines If the County Coroner determines that the remains are Native American the Applicant shall contact the Native American Heritage Commission in accordance with Health and Safety Code Section 70505 subdivision (c) and Public Resources Code 509798 (as amended by AB 2641) The Native American Heritage Commission will designate a Most Likely Descendent of the deceased Native American who will provide recommendations as to the future disposition ofthe remains
Finding
The Board finds based on substantjal evidence presented in the record of proceedings that implementation of this measure will reduce the potentially Significant impact on human remains
Greenhouse Gas Emissions
Impact 48-2
Impact 48-2 The Project could conflict with the California Air Resources Boards Climate Change Scoping Plan (DEIR page ES-14)
Mitigation Measure
Mitigation Measure 48-2 Low SF6 Leak Rate Circuit Breaker and Monitoring The applicant shall ensure that the circuit breaker installed at the proposed new substation has a guaranteed SF6 annual leak rate of no more than 05 percent by volume The Applicant shall provide MID with documentation of compliance such as specification sheets prior to installation of the circuit breaker In addition the Applicant shall monitor the SF6middotcontaining circuit breaker at the substation consistent with Scoping Plan Measure H-6 for the detection and repair of leaks
OOCSN271545V4BoarltljgendaReportJo rTheMchenry_SolarJarm_Project72611 Rev Dec 2010 93
~MID
Mst Irrl_60 BOARD RESOLUTION
II District Weltr _rut Pampftl
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation ohhis measure will reduce the potentially significant impact on greenhouse gas emissions
Hazards and Hazardous Materials
Impact 49-2
Impact 49-2 The Project could result in an accidental spill or leak during construction or decommissioning that could release hazardous materials into the environment (DEIR page ESshy14)
Mitigation Measure
Mitigation Measure 49-2 Accidental Spill Prevention and Response Plan The Applicant shall prepare an Accidental Spill Prevention and Response Plan for construction and decommissioning activities for review and approval by Modesto Irrigation District The plan shall identify measures to prevent accidental spills from leaving the site and methods for responding to and cleaning up spills to limit the amount of materials released into the environment Such measures shall include but not be limited to ensuring that absorbent material tarps storage drums and other emergency spill supplies and equipment are kept at the Project site at all times
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation of this measure will reduce the potentially significant impact on hazardous materials
Transportation and Traffic
Impact 417-1
Impact 417-1 Project construction and decommissioning activities could intermittently and temporarily increase traffic congestion due to vehicle trips generated by construction workers and construction vehicles on area roadways (DEIR page ES-16)
Mitigation Measure
Mitigation Measure 417-1a MID Traffic Control Measures During construction and decommissioning of the sub-transmission and distribution lines and fiber optic cable MID shall implement the following traffic mitigation measures from the 2006 PEIR Update (2006 PEIR Update p 10-6)
DOCSN271545V4BoadAgendaRepoCForTheMhenrvSolaFarmProJeet72611 Rev Dolt 2010 94
cIbullbulltomiddot Irrlgatlon BOARD RESOLUTION e DistrIct~lt1ID
Wntr and POwtf
1 MID will coordinate design and construction of program facilities with the agencies with jurisdiction including Caltrans counties cities special districts other utilities and the FAA as required
2 MID will obtain any necessary encroachment permits inspections or other approvals from agencies with jurisdiction
2A MID will obtain any necessary approvals and inspections from agencies with jurisdiction
2B MID shall coordinate the design and construction and shall obtain any necessary permits from the County City or State prior to placing any facilities within the public road rights-of-way of those agencies and shall conform to applicable conditions in the encroachment permit
3 MID will utilize all necessary precautions to minimize safety concerns when working within public road rights-of-way Traffic safety cones construction signage or other measures will be used to alert drivers to construction activities
4 Electrical facilities placed within public rights-of-way will comply with applicable standards for avoiding hazards to drivers pedestrians and bicyclists
Mitigation Measure 417-1bApplicant Construction Traffic Management and Safety Plan Prior to the start of construction (and subsequently decommissioning) of the Project the Applicant shall prepare and implement a Traffic Management and Safety Plan that shall reduce or eliminate impacts associated with the Project The Plan shall adhere to Stanislaus County and Caltrans requirements and shall include at a minimum the following elements
a) Schedule Project-generated construction truck trips on SR 99 SR 108 and SR 219 outside the peak morning and evening commute hours to reduce potential traffic congestion and reduce potentia I for transit delays during the p traffic congestion and reduce potential for transit delays during the peak commute periods
b) Comply with transportation permit requirements of Caltrans and CHP when scheduling Project-generated construction truck trips carrying oversized loads In addition provide preshynotification to local police fire and emergency service providers of the timing location and duration of construction activities that could affect the movement of emergency vehicles on area roadways
c) Place signs (eg Slow Trucks andor Trucks Turning Ahead) along appropriate roads to notify drivers of construction traffic throughout the duration of the constructionperiodeak commute periods
DOCSN271545V4Boord_AgendaReportJorThe_MchenrySolaFa rmProject72611 Rev Dec 2010 95
IDn BOARD RESOLUTION~ -bl Dstrld Water lila POwtr
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation ofthis measure will reduce the potentially significant impact on traffic and transportation
Impact 417-3
Impact 417-3 Project construction and decommissioning activities could substantially increase traffic hazards due to construction in or adjacent to roads (DEIR page ES-17)
Mitigation Measure
Mitigation Measure 417-3 Implement Mitigation Measures 417-1a and 417-1b
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation of this measure will reduce the potentially significant impact on traffic and transportation
Impact 417-4
Impact 417-4 The Project could result in inadequate emergency access (DEIR page ES-17)
Mitigation Measure
Mitigation Measure 417-4 Develop an Emergency Access Plan for the Site The Applicant shall develop and implement an Emergency Access Plan which shall include evacuation routes and strategies to ensure accessibility and mobility for project area and emergency vehicles AdditionaI measures include developing an emergency action plan that identifies roles and responsibilities during emergencies and to update the plan regularly
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation of this measure will reduce the potentially significant impact on emergency access
VIII PROJECT ALTERNATIVES
The McHenry Solar Farm Project EIR is a project-specific ErR that evaluated a more than a dozen alternative locations to the proposed site three alternative sub-transmission line interconnection points for the proposed site three alternative solar technologies concentrated solar parabolic trough concentrated solar power tower and thin-film PV and two alternative approaches to the proposed generation of solar energy conservation and demand side management and distributed generation solar Table 1 lists the alternatives that were considered as well as which ones passed and the others that failed the screening analysis that was performed In addition the No Project Alternative was conSidered
DOCSN271545 V4BoardAgend bullbullReporCFor TheMchenry SolarFarmProJect72611 Rev Dec 2010
bull
96
~IDn BOARD RESOLUTION bJlTI District Waterlnd Power
The Final EIR presented the analysis for rejecting the alternative sites The Board independently evaluated this analysis and concurs in the analysis and conclusions presented The answering of the key question (See CEQA Guidelines Section 151266f)(2)A)) the Board finds that the Project does not cause any significant
environmental effect that is not reduced to less than significant with mitigation measures Never the lessl the EIR opted to address alternative sites
Various public comments offered generalized comments on alternatives sites No substantial evidence was presented regarding the feasibility of such sites or the reasonable ability of the Applicant to acquire the sitesl
and substantial evidence was not presented that these alternative sites would lessen all ofthe Projects significant effects to less than significant
DOCS_N271545_V4_Board_Ai n_ReporCFor _The_Mchenry _SolacFarm_Project_7 _26_11 Rev Dec 2010 97
COPIES OF THE DRAFT AND FINAL ENVIRONMENTALIMPACT REPORT AND ARE AVAILABLE FOR REVIEW ATTHE COUNTY PLANNING DEPARTMENT OFFICE OR VIATHE INTERNET AThttpwwwstancountycomplanningplagenda-min-2011shtm HARD COPIES OF ALL EIR DOCUMENTS REFERENCED INTHIS REPORT HAVE BEEN PROVIDED TO EACH MEMBEROF THE PLANNING COMMISSION
98
Executive Summary
McHenry Solar Project ES-8 May 2011 Draft Environmental Impact Report
TABLE ES-1 SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Aesthetics Visual Quality and Light and Glare
Impact 41-1 The Project could degrade the existing visual character or quality of the site and its surroundings
Less than Significant
None required
Impact 41-2 The Project would create a new source of light or glare which could adversely affect daytime or nighttime views in the area
Potentially Significant
Mitigation Measure 41-2 Nighttime Construction Lighting Nighttime construction lighting if required shall be shielded and oriented downward to minimize effects on any nearby receptors Lighting shall be directed toward active construction areas only and shall have the minimum brightness necessary to ensure worker safety
Less than Significant
Agriculture and Forest Resources
Impact 42-1 The Project would temporarily discontinue the current exclusive agricultural use (row crops) of Prime Farmland to a mix of agricultural use (grazing) and non-agricultural use
Less than Significant
None required
Air Quality
Impact 43-1 Construction and decommissioning activities would generate emissions of criteria pollutants including suspended and inhalable particulate matter and equipment exhaust emissions
Potentially Significant
Mitigation Measure 43-1 Implement Dust Control Measures The Applicant shall submit a Dust Control Plan to the APCO for approval prior to start of construction (and subsequently decommissioning) activities The Plan shall cover both Applicant and MID activities and shall require implementation of the following dust control measures
All disturbed areas including storage piles that are not being actively used for construction purposes shall be effectively stabilized of dust emissions using water chemical stabilizersuppressant covered with a tarp or other suitable cover or vegetative ground cover
All on-site unpaved roads and off-site unpaved access roads shall be effectively stabilized of dust emissions using water or chemical stabilizersuppressant
All land clearing grubbing scraping excavation land leveling grading cut and fill and demolition activities shall be effectively controlled of fugitive dust emissions using application of water or by presoaking
When materials are transported off-site all material shall be covered or effectively wetted to limit visible dust emissions and at least six inches of freeboard space from the top of the container shall be maintained
Limit or expeditiously remove trackout (ie accumulation of mud or dirt from Project-related vehicle tires) from adjacent public streets near the Project access points Trackout shall be immediately removed from public streets when it extends 50 or more feet from the Project access points otherwise trackout shall be removed at the end of each workday (The use of dry rotary brushes is expressly prohibited except where preceded or accompanied by sufficient wetting to limit the visible dust emissions)(Use of blower devices is expressly forbidden)
Less than Significant
99
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-9 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Air Quality (cont)
Impact 43-1 (cont) Following the addition of materials to or removal of materials from the surface of outdoor storage piles said piles shall be effectively stabilized of fugitive dust emissions using sufficient water or chemical stabilizersuppressant
Limit traffic speed on unpaved on-site roads to 15 mph
Install sandbags or other erosion control measures to prevent silt runoff to public roadways from sites with a slope greater than one percent
Install windbreaks at windward side(s) of construction areas
Suspend excavation and grading activity when winds exceed 20 mph
Impact 43-2 Operation of the Project would generate exhaust emissions of criteria pollutants from routine operations
Less than Significant
None required
Impact 43-3 The Project could result in permanently disturbed land that would serve as a source of fugitive dust emissions
Less than Significant
None required
Impact 43-4 Construction and decommissioning emissions associated with the Project could result in emissions of ozone precursors and particulate matter that would be cumulatively considerable
Potentially Significant
Mitigation Measure 43-4 Implement Mitigation Measure 43-1 Less than Significant
Impact 43-5 Operation and maintenance of the Project could generate emissions of criteria pollutants that would be cumulatively considerable
Less than Significant
None required
Impact 43-6 The Project would generate emissions of criteria pollutants potentially exposing sensitive receptors to harmful pollutant concentrations
Potentially Significant
Mitigation Measure 43-6 Implement Mitigation Measure 43-1 Less than Significant
Impact 43-7 The Project would generate emissions of Toxic Air Contaminants potentially exposing sensitive receptors to harmful pollutant concentrations
Less than Significant
None required
100
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-10 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Biological Resources
Impact 44-1 Applicant Project activities could result in potential disturbance or loss of Swainsonrsquos hawk and their habitat
Potentially Significant
Mitigation Measure 44-1a Preconstruction Surveys for Swainsonrsquos Hawk If Project-related construction or decommissioning activities are planned to occur during the nesting period (March 1 to September 15) the Applicant shall engage a qualified biologist to conduct preconstruction surveys for Swainsonrsquos hawk and their nests no more than 14 days before the start of construction or decommissioning activities within 025 mile of the Project site where access is available Survey results shall be submitted to CDFG at least three days prior to the start of construction or decommissioning activities If active nests are not identified no further action is required and constructiondecommissioning may proceed If active nests are identified the Applicant shall consult with CDFG to develop and implement suitable avoidance measures consistent with the Staff Report Regarding Mitigation for Impacts to Swainsonrsquos Hawks in the Central Valley of California (CDFG 1994) To avoid impacting breeding efforts no construction or decommissioning activities shall occur between March 1 and September 15 within 500 feet of an active nest that could cause nest abandonment or forced fledging These buffers may be reduced in consultation with CDFG
Depending on conditions specific to each active nest and the relative location and rate of construction or decommissioning activities it may be feasible for such activities to occur as planned within the buffer without impacting the breeding effort In this case (to be determined in consultation with CDFG) the nest(s) shall be monitored by a qualified biologist during construction or decommissioning within the buffer The monitor shall have ldquostop workrdquo authority If in the professional opinion of the monitor Project activities are negatively affecting the nesting behavior of the bird the monitor shall stop all such activities within the designated buffer Construction or decommissioning activities shall not resume until either the monitor has determined that the young have fledged the nest or as otherwise approved by CDFG
With CDFG concurrence construction activities that are initiated outside the nesting season may continue even if raptors choose to nest within 500 feet of work activities Thus work may continue without delay if surveys verify the local absence of nesting raptors or if construction begins outside the nesting period (September 16 to February 28)
Less than Significant
Mitigation Measure 44-1b Reduce Construction Noise Levels If it appears that noise or vibration from vibratory post driving associated with Project construction (or other similar noise-generating construction or decommissioning activity) could affect nesting Swainsonrsquos hawks that arrive after the start of construction specific measures including but not limited to use of noise dissipaters shall be implemented to reduce noise levels During post driving a noise level of no greater than 85 decibels (measured at the nest) shall be used as general guidance for nests that are established after construction
Impact 44-2 MID activities could result in potential disturbance or loss of Swainsonrsquos hawk and their habitat
Potentially Significant
Mitigation Measure 44-2 Avian-safe Transmission Line (MID) Transmission poles should be designed using criteria identified in Avian Power Line Interaction Committee (APLIC 2006)
Less than Significant
101
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-11 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Biological Resources (cont)
Impact 44-3 Project activities could impact other tree-nesting raptors andor protected nesting migratory birds
Potentially Significant
Mitigation Measure 44-3 Preconstruction Raptor Surveys (Applicant) If Project-related construction andor decommissioning activities are to occur during the breeding period for nesting raptors andor protected nesting migratory birds (February 1 through August 31) the Applicant shall engage a qualified biologist to conduct preconstruction surveys of all potential habitat within 500 feet of the Project site no more than 14 days prior to the start of construction or decommissioning activities If active nests are not identified no further action is necessary If active nests are identified during preconstruction surveys a no-disturbance buffer shall be created around active raptor nests and nests of other special-status birds during the breeding season or until it is determined by the qualified biologist that all young have fledged Typical buffers are 500 feet for raptors and 250 feet for other nesting birds (eg waterfowl and passerine birds) The size of these buffer zones and types of construction or decommissioning activities allowed in these areas could be further modified in coordination with CDFG and shall be based on existing noise and disturbance levels in the Project area
Less than Significant
Impact 44-4 Project activities could result in potential disturbance or loss of burrowing owls and their habitat
Potentially Significant
Mitigation Measure 44-4a Preconstruction Burrowing Owl Surveys (Applicant) The Applicant shall engage a qualified biologist to conduct preconstruction surveys for burrowing owls 14 to 30 days prior to the start of construction or decommissioning using the most current CDFG protocol Surveys shall cover grassland areas within a 500-foot buffer from all Project constructiondecommissioning activities that are within suitable grasslands habitat including checking for adult and juvenile burrowing owls and owl nests If owls are detected during surveys occupied burrows shall not be disturbed
Constructiondecommissioning exclusion areas (eg orange exclusion fence or signage) shall be established around the occupied burrows where no disturbance shall be allowed During the nonbreeding season (September 1 through January 31) the exclusion zone shall extend 160 feet around occupied burrows During the breeding season (February 1 through August 31) exclusion areas shall extend 250 feet around occupied burrows
If the above requirements cannot be met passive relocation of on-site owls may be implemented as an alternative but only during the nonbreeding season and only with prior CDFG approval Passive relocation shall be accomplished by installing one-way doors on the entrances of burrows located within 160 feet of the Project area The one-way doors shall be left in place for 48 hours to ensure the owls have left the burrow The burrows shall then be excavated with a qualified biologist present Constructiondecommissioning shall not proceed until the Project area is deemed free of owls by the qualified biologist
Less than Significant
Mitigation Measure 44-4b Preconstruction Burrowing Owl Surveys (MID) Prior to construction MID shall conduct pre-construction surveys for burrowing owl for the sub-transmissiondistribution line and fiber optic cable alignment These surveys shall be conducted using the most up-to-date CDFG published protocols (eg CDFGs 1995 Staff Report on Burrowing Owl Mitigation) If owls are detected during surveys occupied burrows shall not be disturbed
102
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-12 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Cultural and Paleontological Resources
Impact 45-1 The proposed Project could potentially cause an adverse change in the significance of a unique archaeological resource pursuant to sect150645
Potentially Significant
Mitigation Measure 45-1 If Cultural Resources are Discovered During Ground-Disturbing Activities Suspend Work until Resource is Evaluated Prior to the initiation of site preparation or start of construction (and subsequently decommissioning) the Applicant shall retain a qualified professional archaeologist to complete an archaeological resources training program for construction workers involved in grading and excavation activities Training shall include awareness and recognition of archaeological materials and the procedures to follow if construction crews encounter such materials in the course of earthwork excavation or grading If archaeological resources are encountered all activity within 50 feet of the find shall cease until it can be evaluated by a qualified archaeologist Prehistoric archaeological materials could include obsidian and chert flaked-stone tools (eg projectile points knives scrapers) or toolmaking debris culturally darkened soil (ldquomiddenrdquo) containing heat-affected rocks artifacts or shellfish remains and stone milling equipment (eg mortars pestles handstones or milling slabs) and battered stone tools such as hammerstones and pitted stones Historic-period materials could include stone concrete or adobe footings and walls filled wells or privies and deposits of metal glass andor ceramic refuse The archaeologist shall notify the Applicant and MID if the resource may be significant An appropriate treatment plan for the resources shall then be developed by the Applicant for approval by MID The archaeologist shall consult with Native American representatives in determining appropriate treatment for prehistoric or Native American cultural resources if discovered
In considering any suggested mitigation proposed by the archaeologist the Applicant and MID shall determine whether avoidance is feasible in light of factors such as the nature of the find project design costs and other considerations If avoidance is not feasible other appropriate measures (eg data recovery) shall be instituted Work may proceed in other parts of the Project site while mitigation for cultural resources in other areas of the site is being carried out
Less than Significant
Impact 45-2 The proposed Project could potentially destroy a unique paleontological resource or site or unique geologic feature
Potentially Significant
Mitigation Measure 45-2 If Paleontological Resources are Discovered During Ground-Disturbing Activities Suspend Work until Resource is Evaluated Prior to the initiation of site preparation or start of construction (and subsequently decommissioning) the Applicant shall retain a qualified professional paleontologist or a California Registered Professional Geologist (California RPG) with appropriate paleontological expertise as defined by the Society of Vertebrate Paleontologyrsquos Conformable Impact Mitigation Guidelines Committee (SVP 1995 Guidelines) to carry out a paleontological resources training program for construction workers involved in grading and excavation activities Training shall include awareness and recognition of potential fossil materials and the procedures to follow if construction crews encounter fossil materials in the course of earthwork excavation or grading If construction crews discover potential fossils all earthwork or other types of ground disturbance within 50 feet of the find shall stop immediately until the qualified professional paleontologist can assess the nature and importance of the find Based on the scientific value or uniqueness of the find the monitor may record the find and allow work to continue or recommend salvage and recovery of the fossil The Applicant shall require the paleontologist to be ldquoon-callrdquo throughout the duration of ground-disturbing activities
Less than Significant
103
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-13 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Cultural and Paleontological Resources (cont)
Impact 45-3 The proposed Project could potentially disturb any human remains including those interred outside of formal cemeteries
Potentially Significant
Mitigation Measure 45-3 Halt Work if Human Skeletal Remains are Identified During Construction If human skeletal remains are uncovered during Project construction (and subsequently decommissioning) work shall immediately halt within 100 feet of the find The Applicant shall contact the Stanislaus County Coroner to evaluate the remains and shall follow the procedures and protocols set forth in sect150645(e)(1) of the CEQA Guidelines If the County Coroner determines that the remains are Native American the Applicant shall contact the Native American Heritage Commission in accordance with Health and Safety Code Section 70505 subdivision (c) and Public Resources Code 509798 (as amended by AB 2641) The Native American Heritage Commission will designate a Most Likely Descendent of the deceased Native American who will provide recommendations as to the future disposition of the remains
Less than Significant
Energy Conservation
Impact 46-1 The construction operation and maintenance and decommissioning of the Project could result in consumption of energy
Less than Significant
None required
Impact 46-2 Construction operation and maintenance and decommissioning of the Project would require use of transportation energy
Less than Significant
None required
Impact 46-3 The Projectrsquos overall use of efficient transportation alternatives would be limited
Less than Significant
None required
Geology and Soils
Impact 47-1 The Project could expose people or structures to potential adverse effects including the risk of loss injury or death involving strong seismic ground shaking and earthquake-induced ground failure (such as liquefaction and lateral spreading)
Less than Significant
None required
Impact 47-2 The Project could result in soil erosion or loss of topsoil
Less than Significant
None required
Impact 47-3 The Project could be located on expansive soil as defined in Table 18-1-B of the Uniform Building Code (1994) creating risks to life or property
Less than Significant
None required
104
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-14 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Geology and Soils (cont)
Impact 47-4 The Project site could have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater
Less than Significant
None required
Greenhouse Gas Emissions
Impact 48-1 The Project would result in emissions of greenhouse gases that would contribute to global climate change
Less than Significant
None required
Impact 48-2 The Project could conflict with the California Air Resources Boardrsquos Climate Change Scoping Plan
Potentially Significant
Mitigation Measure 48-2 Low SF6 Leak Rate Circuit Breaker and Monitoring The Applicant shall ensure that the circuit breaker installed at the proposed new substation has a guaranteed SF6 annual leak rate of no more than 05 percent by volume The Applicant shall provide Modesto Irrigation District with documentation of compliance such as specification sheets prior to installation of the circuit breaker In addition the Applicant shall monitor the SF6-containing circuit breaker at the substation consistent with Scoping Plan Measure H-6 for the detection and repair of leaks
Less than Significant
Hazards and Hazardous Materials
Impact 49-1 Project construction decommissioning and operationmaintenance could create a hazard to the public or the environment through the routine transport use or disposal of hazardous materials
Less than Significant
None required
Impact 49-2 The Project could result in an accidental spill or leak during construction or decommissioning that could release hazardous materials into the environment
Potentially Significant
Mitigation Measure 49-2 Accidental Spill Prevention and Response Plan The Applicant shall prepare an Accidental Spill Prevention and Response Plan for construction and decommissioning activities for review and approval by Modesto Irrigation District The plan shall identify measures to prevent accidental spills from leaving the site and methods for responding to and cleaning up spills to limit the amount of materials released into the environment Such measures shall include but not be limited to ensuring that absorbent material tarps storage drums and other emergency spill supplies and equipment are kept at the Project site at all times
Less than Significant
Hydrology and Water Quality
Impact 410-1 The Project could potentially degrade water quality such that it could violate water quality standards or waste discharge requirements
Less than Significant
None required
105
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-15 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Hydrology and Water Quality (cont)
Impact 410-2 The Project could alter the existing drainage pattern of the site in a manner that could result in erosion or sedimentation on- or off-site or which could contribute to flooding
Less than Significant
None required
Impact 410-3 The Project could create or contribute runoff water that could exceed the capacity of existing or planned stormwater drainage systems or provide additional sources of polluted runoff
Less than Significant
None required
Impact 410-4 The Project could expose people or structures to a risk of loss injury or death involving flooding including flooding as a result of the failure of a levee or dam
Less than Significant
None required
Land Use and Planning
The Project would have no impacts in this resource area
Mineral Resources
The Project would have no impacts in this resource area
Noise
Impact 413-1 Project-related post driving would result in exposure of persons to groundborne vibration
Less than Significant
None required
Impact 413-2 Operation and maintenance of the Project would increase local ambient noise levels
Less than Significant
None required
Impact 413-3 Project construction and decommissioning activities would temporarily increase local ambient noise levels
Less than Significant
None required
Population and Housing
The Project would have no impacts in this resource area
106
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-16 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Public Services
The Project would have no impacts in this resource area
Recreation
The Project would have no impacts in this resource area
Transportation and Traffic
Impact 417-1 Project construction and decommissioning activities could intermittently and temporarily increase traffic congestion due to vehicle trips generated by construction workers and construction vehicles on area roadways
Potentially Significant
Mitigation Measure 417-1a MID Traffic Control Measures During construction and decommissioning of the sub-transmission and distribution lines and fiber optic cable MID shall implement the following traffic mitigation measures from the 2006 PEIR Update (2006 PEIR Update p 10-6)
1 MID will coordinate design and construction of program facilities with the agencies with jurisdiction including Caltrans counties cities special districts other utilities and the FAA as required
2 MID will obtain any necessary encroachment permits inspections or other approvals from agencies with jurisdiction
2A MID will obtain any necessary approvals and inspections from agencies with jurisdiction
2B MID shall coordinate the design and construction and shall obtain any necessary permits from the County City or State prior to placing any facilities within the public road rights-of-way of those agencies and shall conform to applicable conditions in the encroachment permit
3 MID will utilize all necessary precautions to minimize safety concerns when working within public road rights-of-way Traffic safety cones construction signage or other measures will be used to alert drivers to construction activities
4 Electrical facilities placed within public rights-of-way will comply with applicable standards for avoiding hazards to drivers pedestrians and bicyclists
Less than Significant
Mitigation Measure 417-1b Applicant Construction Traffic Management and Safety Plan Prior to the start of construction (and subsequently decommissioning) of the Project the Applicant shall prepare and implement a Traffic Management and Safety Plan that shall reduce or eliminate impacts associated with the Project The Plan shall adhere to Stanislaus County and Caltrans requirements and shall include at a minimum the following elements
a) Schedule Project-generated construction truck trips on SR 99 SR 108 and SR 219 outside the peak morning and evening commute hours to reduce potential traffic congestion and reduce potential for transit delays during the peak commute periods
107
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-17 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Transportation and Traffic (cont)
Impact 417-1 (cont) b) Comply with transportation permit requirements of Caltrans and CHP when scheduling Project-generated construction truck trips carrying oversized loads In addition provide pre-notification to local police fire and emergency service providers of the timing location and duration of construction activities that could affect the movement of emergency vehicles on area roadways
c) Place signs (eg ldquoSlow Trucksrdquo andor ldquoTrucks Turning Aheadrdquo) along appropriate roads to notify drivers of construction traffic throughout the duration of the construction period
Impact 417-2 The Project could conflict with established congestion management programs on affected roads or highways
Less than Significant
None required
Impact 417-3 Project construction and decommissioning activities could substantially increase traffic hazards due to construction in or adjacent to roads
Potentially Significant
Mitigation Measure 417-3 Implement Mitigation Measures 417-1a and 417-1b Less than Significant
Impact 417-4 The Project could result in inadequate emergency access
Potentially Significant
Mitigation Measure 417-4 Develop an Emergency Access Plan for the Site The Applicant shall develop and implement an Emergency Access Plan which shall include evacuation routes and strategies to ensure accessibility and mobility for project area and emergency vehicles Additional measures include developing an emergency action plan that identifies roles and responsibilities during emergencies and to update the plan regularly
Less than Significant
Utilities and Service Systems
Impact 418-1 The proposed Project would require or result in the construction of new stormwater drainage facilities the construction of which could cause significant environmental effects
Less than Significant
None required
108
109
110
REFERRED TO
YE
S
NO
WILL NOT
HAVE
SIGNIFICANT
IMPACT
MAY HAVE
SIGNIFICANT
IMPACT
NO COMMENT
NON CEQA YE
S
NO
YE
S
NO
AGRICULTURE COMMISSIONER X
AIRPORT LAND USE COMMISSION X
ALLIANCE X
BUILDING PERMITS DIVISION X X X
CALTRANS DISTRICT 10 X
CHIEF EXECUTIVE OFFICE X
CITY OF RIVERBANK X
COOPERATIVE EXTENSION X
CORPS OF ENGINEERS X
COUNTY COUNSEL X
ENVIRONMENTAL RESOURCES X X X
FIRE PROTECTION DIST STANISLAUS
CONSOLIDATED X X X
FISH amp GAME DEPT OF X
HAZARDOUS MATERIALS X
IRRIGATION DISTRICT MODESTO X X X
LAFCO X
MODESTO REGIONAL FIRE AUTHORITY FPB X
MOSQUITO DISTRICT EASTSIDE X
MT VALLEY EMERGENCY MEDICAL X
PACIFIC GAS amp ELECTRIC X
PUBLIC WORKS X X X
REGIONAL WATER QUALITY CONTROL X
SAN JOAQUIN VALLEY APCD X
SCHOOL DISTRICT 1 MODESTO X X X
SCHOOL DISTRICT 2 STANISLAUS X
SHERIFF X
StanCOG X
STANISLAUS COUNTY FARM BUREAU X
STANISLAUS ERC X
STATE CLEARINGHOUSE X
STATE LANDS COMMISSION X
SUPERVISORIAL DISTRICT 4 MONTEITH X
SURROUNDING LAND OWNERS
TELEPHONE COMPANY ATampT X
UNITED STATES MILITARY AGENCIES (SB 1462) (5 agencies) X
US FISH amp WILDLIFE X
X
X
SUMMARY OF RESPONSES FOR USE PERMIT REVIEW REFERRALS
RESPONDED RESPONSEMITIGATION
MEASURESCONDITIONS
PROJECT USE PERMIT APPLICATION NO 2011-10 - McHENRY SOLAR FARM
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
RESPONSIBLE
AGENCY REFERRAL
PUBLIC HEARING
NOTICE
X
X
X
X
X
X
X
X
X
111
~MID
Mst Irrl_60 BOARD RESOLUTION
II District Weltr _rut Pampftl
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation ohhis measure will reduce the potentially significant impact on greenhouse gas emissions
Hazards and Hazardous Materials
Impact 49-2
Impact 49-2 The Project could result in an accidental spill or leak during construction or decommissioning that could release hazardous materials into the environment (DEIR page ESshy14)
Mitigation Measure
Mitigation Measure 49-2 Accidental Spill Prevention and Response Plan The Applicant shall prepare an Accidental Spill Prevention and Response Plan for construction and decommissioning activities for review and approval by Modesto Irrigation District The plan shall identify measures to prevent accidental spills from leaving the site and methods for responding to and cleaning up spills to limit the amount of materials released into the environment Such measures shall include but not be limited to ensuring that absorbent material tarps storage drums and other emergency spill supplies and equipment are kept at the Project site at all times
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation of this measure will reduce the potentially significant impact on hazardous materials
Transportation and Traffic
Impact 417-1
Impact 417-1 Project construction and decommissioning activities could intermittently and temporarily increase traffic congestion due to vehicle trips generated by construction workers and construction vehicles on area roadways (DEIR page ES-16)
Mitigation Measure
Mitigation Measure 417-1a MID Traffic Control Measures During construction and decommissioning of the sub-transmission and distribution lines and fiber optic cable MID shall implement the following traffic mitigation measures from the 2006 PEIR Update (2006 PEIR Update p 10-6)
DOCSN271545V4BoadAgendaRepoCForTheMhenrvSolaFarmProJeet72611 Rev Dolt 2010 94
cIbullbulltomiddot Irrlgatlon BOARD RESOLUTION e DistrIct~lt1ID
Wntr and POwtf
1 MID will coordinate design and construction of program facilities with the agencies with jurisdiction including Caltrans counties cities special districts other utilities and the FAA as required
2 MID will obtain any necessary encroachment permits inspections or other approvals from agencies with jurisdiction
2A MID will obtain any necessary approvals and inspections from agencies with jurisdiction
2B MID shall coordinate the design and construction and shall obtain any necessary permits from the County City or State prior to placing any facilities within the public road rights-of-way of those agencies and shall conform to applicable conditions in the encroachment permit
3 MID will utilize all necessary precautions to minimize safety concerns when working within public road rights-of-way Traffic safety cones construction signage or other measures will be used to alert drivers to construction activities
4 Electrical facilities placed within public rights-of-way will comply with applicable standards for avoiding hazards to drivers pedestrians and bicyclists
Mitigation Measure 417-1bApplicant Construction Traffic Management and Safety Plan Prior to the start of construction (and subsequently decommissioning) of the Project the Applicant shall prepare and implement a Traffic Management and Safety Plan that shall reduce or eliminate impacts associated with the Project The Plan shall adhere to Stanislaus County and Caltrans requirements and shall include at a minimum the following elements
a) Schedule Project-generated construction truck trips on SR 99 SR 108 and SR 219 outside the peak morning and evening commute hours to reduce potential traffic congestion and reduce potentia I for transit delays during the p traffic congestion and reduce potential for transit delays during the peak commute periods
b) Comply with transportation permit requirements of Caltrans and CHP when scheduling Project-generated construction truck trips carrying oversized loads In addition provide preshynotification to local police fire and emergency service providers of the timing location and duration of construction activities that could affect the movement of emergency vehicles on area roadways
c) Place signs (eg Slow Trucks andor Trucks Turning Ahead) along appropriate roads to notify drivers of construction traffic throughout the duration of the constructionperiodeak commute periods
DOCSN271545V4Boord_AgendaReportJorThe_MchenrySolaFa rmProject72611 Rev Dec 2010 95
IDn BOARD RESOLUTION~ -bl Dstrld Water lila POwtr
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation ofthis measure will reduce the potentially significant impact on traffic and transportation
Impact 417-3
Impact 417-3 Project construction and decommissioning activities could substantially increase traffic hazards due to construction in or adjacent to roads (DEIR page ES-17)
Mitigation Measure
Mitigation Measure 417-3 Implement Mitigation Measures 417-1a and 417-1b
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation of this measure will reduce the potentially significant impact on traffic and transportation
Impact 417-4
Impact 417-4 The Project could result in inadequate emergency access (DEIR page ES-17)
Mitigation Measure
Mitigation Measure 417-4 Develop an Emergency Access Plan for the Site The Applicant shall develop and implement an Emergency Access Plan which shall include evacuation routes and strategies to ensure accessibility and mobility for project area and emergency vehicles AdditionaI measures include developing an emergency action plan that identifies roles and responsibilities during emergencies and to update the plan regularly
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation of this measure will reduce the potentially significant impact on emergency access
VIII PROJECT ALTERNATIVES
The McHenry Solar Farm Project EIR is a project-specific ErR that evaluated a more than a dozen alternative locations to the proposed site three alternative sub-transmission line interconnection points for the proposed site three alternative solar technologies concentrated solar parabolic trough concentrated solar power tower and thin-film PV and two alternative approaches to the proposed generation of solar energy conservation and demand side management and distributed generation solar Table 1 lists the alternatives that were considered as well as which ones passed and the others that failed the screening analysis that was performed In addition the No Project Alternative was conSidered
DOCSN271545 V4BoardAgend bullbullReporCFor TheMchenry SolarFarmProJect72611 Rev Dec 2010
bull
96
~IDn BOARD RESOLUTION bJlTI District Waterlnd Power
The Final EIR presented the analysis for rejecting the alternative sites The Board independently evaluated this analysis and concurs in the analysis and conclusions presented The answering of the key question (See CEQA Guidelines Section 151266f)(2)A)) the Board finds that the Project does not cause any significant
environmental effect that is not reduced to less than significant with mitigation measures Never the lessl the EIR opted to address alternative sites
Various public comments offered generalized comments on alternatives sites No substantial evidence was presented regarding the feasibility of such sites or the reasonable ability of the Applicant to acquire the sitesl
and substantial evidence was not presented that these alternative sites would lessen all ofthe Projects significant effects to less than significant
DOCS_N271545_V4_Board_Ai n_ReporCFor _The_Mchenry _SolacFarm_Project_7 _26_11 Rev Dec 2010 97
COPIES OF THE DRAFT AND FINAL ENVIRONMENTALIMPACT REPORT AND ARE AVAILABLE FOR REVIEW ATTHE COUNTY PLANNING DEPARTMENT OFFICE OR VIATHE INTERNET AThttpwwwstancountycomplanningplagenda-min-2011shtm HARD COPIES OF ALL EIR DOCUMENTS REFERENCED INTHIS REPORT HAVE BEEN PROVIDED TO EACH MEMBEROF THE PLANNING COMMISSION
98
Executive Summary
McHenry Solar Project ES-8 May 2011 Draft Environmental Impact Report
TABLE ES-1 SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Aesthetics Visual Quality and Light and Glare
Impact 41-1 The Project could degrade the existing visual character or quality of the site and its surroundings
Less than Significant
None required
Impact 41-2 The Project would create a new source of light or glare which could adversely affect daytime or nighttime views in the area
Potentially Significant
Mitigation Measure 41-2 Nighttime Construction Lighting Nighttime construction lighting if required shall be shielded and oriented downward to minimize effects on any nearby receptors Lighting shall be directed toward active construction areas only and shall have the minimum brightness necessary to ensure worker safety
Less than Significant
Agriculture and Forest Resources
Impact 42-1 The Project would temporarily discontinue the current exclusive agricultural use (row crops) of Prime Farmland to a mix of agricultural use (grazing) and non-agricultural use
Less than Significant
None required
Air Quality
Impact 43-1 Construction and decommissioning activities would generate emissions of criteria pollutants including suspended and inhalable particulate matter and equipment exhaust emissions
Potentially Significant
Mitigation Measure 43-1 Implement Dust Control Measures The Applicant shall submit a Dust Control Plan to the APCO for approval prior to start of construction (and subsequently decommissioning) activities The Plan shall cover both Applicant and MID activities and shall require implementation of the following dust control measures
All disturbed areas including storage piles that are not being actively used for construction purposes shall be effectively stabilized of dust emissions using water chemical stabilizersuppressant covered with a tarp or other suitable cover or vegetative ground cover
All on-site unpaved roads and off-site unpaved access roads shall be effectively stabilized of dust emissions using water or chemical stabilizersuppressant
All land clearing grubbing scraping excavation land leveling grading cut and fill and demolition activities shall be effectively controlled of fugitive dust emissions using application of water or by presoaking
When materials are transported off-site all material shall be covered or effectively wetted to limit visible dust emissions and at least six inches of freeboard space from the top of the container shall be maintained
Limit or expeditiously remove trackout (ie accumulation of mud or dirt from Project-related vehicle tires) from adjacent public streets near the Project access points Trackout shall be immediately removed from public streets when it extends 50 or more feet from the Project access points otherwise trackout shall be removed at the end of each workday (The use of dry rotary brushes is expressly prohibited except where preceded or accompanied by sufficient wetting to limit the visible dust emissions)(Use of blower devices is expressly forbidden)
Less than Significant
99
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-9 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Air Quality (cont)
Impact 43-1 (cont) Following the addition of materials to or removal of materials from the surface of outdoor storage piles said piles shall be effectively stabilized of fugitive dust emissions using sufficient water or chemical stabilizersuppressant
Limit traffic speed on unpaved on-site roads to 15 mph
Install sandbags or other erosion control measures to prevent silt runoff to public roadways from sites with a slope greater than one percent
Install windbreaks at windward side(s) of construction areas
Suspend excavation and grading activity when winds exceed 20 mph
Impact 43-2 Operation of the Project would generate exhaust emissions of criteria pollutants from routine operations
Less than Significant
None required
Impact 43-3 The Project could result in permanently disturbed land that would serve as a source of fugitive dust emissions
Less than Significant
None required
Impact 43-4 Construction and decommissioning emissions associated with the Project could result in emissions of ozone precursors and particulate matter that would be cumulatively considerable
Potentially Significant
Mitigation Measure 43-4 Implement Mitigation Measure 43-1 Less than Significant
Impact 43-5 Operation and maintenance of the Project could generate emissions of criteria pollutants that would be cumulatively considerable
Less than Significant
None required
Impact 43-6 The Project would generate emissions of criteria pollutants potentially exposing sensitive receptors to harmful pollutant concentrations
Potentially Significant
Mitigation Measure 43-6 Implement Mitigation Measure 43-1 Less than Significant
Impact 43-7 The Project would generate emissions of Toxic Air Contaminants potentially exposing sensitive receptors to harmful pollutant concentrations
Less than Significant
None required
100
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-10 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Biological Resources
Impact 44-1 Applicant Project activities could result in potential disturbance or loss of Swainsonrsquos hawk and their habitat
Potentially Significant
Mitigation Measure 44-1a Preconstruction Surveys for Swainsonrsquos Hawk If Project-related construction or decommissioning activities are planned to occur during the nesting period (March 1 to September 15) the Applicant shall engage a qualified biologist to conduct preconstruction surveys for Swainsonrsquos hawk and their nests no more than 14 days before the start of construction or decommissioning activities within 025 mile of the Project site where access is available Survey results shall be submitted to CDFG at least three days prior to the start of construction or decommissioning activities If active nests are not identified no further action is required and constructiondecommissioning may proceed If active nests are identified the Applicant shall consult with CDFG to develop and implement suitable avoidance measures consistent with the Staff Report Regarding Mitigation for Impacts to Swainsonrsquos Hawks in the Central Valley of California (CDFG 1994) To avoid impacting breeding efforts no construction or decommissioning activities shall occur between March 1 and September 15 within 500 feet of an active nest that could cause nest abandonment or forced fledging These buffers may be reduced in consultation with CDFG
Depending on conditions specific to each active nest and the relative location and rate of construction or decommissioning activities it may be feasible for such activities to occur as planned within the buffer without impacting the breeding effort In this case (to be determined in consultation with CDFG) the nest(s) shall be monitored by a qualified biologist during construction or decommissioning within the buffer The monitor shall have ldquostop workrdquo authority If in the professional opinion of the monitor Project activities are negatively affecting the nesting behavior of the bird the monitor shall stop all such activities within the designated buffer Construction or decommissioning activities shall not resume until either the monitor has determined that the young have fledged the nest or as otherwise approved by CDFG
With CDFG concurrence construction activities that are initiated outside the nesting season may continue even if raptors choose to nest within 500 feet of work activities Thus work may continue without delay if surveys verify the local absence of nesting raptors or if construction begins outside the nesting period (September 16 to February 28)
Less than Significant
Mitigation Measure 44-1b Reduce Construction Noise Levels If it appears that noise or vibration from vibratory post driving associated with Project construction (or other similar noise-generating construction or decommissioning activity) could affect nesting Swainsonrsquos hawks that arrive after the start of construction specific measures including but not limited to use of noise dissipaters shall be implemented to reduce noise levels During post driving a noise level of no greater than 85 decibels (measured at the nest) shall be used as general guidance for nests that are established after construction
Impact 44-2 MID activities could result in potential disturbance or loss of Swainsonrsquos hawk and their habitat
Potentially Significant
Mitigation Measure 44-2 Avian-safe Transmission Line (MID) Transmission poles should be designed using criteria identified in Avian Power Line Interaction Committee (APLIC 2006)
Less than Significant
101
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-11 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Biological Resources (cont)
Impact 44-3 Project activities could impact other tree-nesting raptors andor protected nesting migratory birds
Potentially Significant
Mitigation Measure 44-3 Preconstruction Raptor Surveys (Applicant) If Project-related construction andor decommissioning activities are to occur during the breeding period for nesting raptors andor protected nesting migratory birds (February 1 through August 31) the Applicant shall engage a qualified biologist to conduct preconstruction surveys of all potential habitat within 500 feet of the Project site no more than 14 days prior to the start of construction or decommissioning activities If active nests are not identified no further action is necessary If active nests are identified during preconstruction surveys a no-disturbance buffer shall be created around active raptor nests and nests of other special-status birds during the breeding season or until it is determined by the qualified biologist that all young have fledged Typical buffers are 500 feet for raptors and 250 feet for other nesting birds (eg waterfowl and passerine birds) The size of these buffer zones and types of construction or decommissioning activities allowed in these areas could be further modified in coordination with CDFG and shall be based on existing noise and disturbance levels in the Project area
Less than Significant
Impact 44-4 Project activities could result in potential disturbance or loss of burrowing owls and their habitat
Potentially Significant
Mitigation Measure 44-4a Preconstruction Burrowing Owl Surveys (Applicant) The Applicant shall engage a qualified biologist to conduct preconstruction surveys for burrowing owls 14 to 30 days prior to the start of construction or decommissioning using the most current CDFG protocol Surveys shall cover grassland areas within a 500-foot buffer from all Project constructiondecommissioning activities that are within suitable grasslands habitat including checking for adult and juvenile burrowing owls and owl nests If owls are detected during surveys occupied burrows shall not be disturbed
Constructiondecommissioning exclusion areas (eg orange exclusion fence or signage) shall be established around the occupied burrows where no disturbance shall be allowed During the nonbreeding season (September 1 through January 31) the exclusion zone shall extend 160 feet around occupied burrows During the breeding season (February 1 through August 31) exclusion areas shall extend 250 feet around occupied burrows
If the above requirements cannot be met passive relocation of on-site owls may be implemented as an alternative but only during the nonbreeding season and only with prior CDFG approval Passive relocation shall be accomplished by installing one-way doors on the entrances of burrows located within 160 feet of the Project area The one-way doors shall be left in place for 48 hours to ensure the owls have left the burrow The burrows shall then be excavated with a qualified biologist present Constructiondecommissioning shall not proceed until the Project area is deemed free of owls by the qualified biologist
Less than Significant
Mitigation Measure 44-4b Preconstruction Burrowing Owl Surveys (MID) Prior to construction MID shall conduct pre-construction surveys for burrowing owl for the sub-transmissiondistribution line and fiber optic cable alignment These surveys shall be conducted using the most up-to-date CDFG published protocols (eg CDFGs 1995 Staff Report on Burrowing Owl Mitigation) If owls are detected during surveys occupied burrows shall not be disturbed
102
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-12 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Cultural and Paleontological Resources
Impact 45-1 The proposed Project could potentially cause an adverse change in the significance of a unique archaeological resource pursuant to sect150645
Potentially Significant
Mitigation Measure 45-1 If Cultural Resources are Discovered During Ground-Disturbing Activities Suspend Work until Resource is Evaluated Prior to the initiation of site preparation or start of construction (and subsequently decommissioning) the Applicant shall retain a qualified professional archaeologist to complete an archaeological resources training program for construction workers involved in grading and excavation activities Training shall include awareness and recognition of archaeological materials and the procedures to follow if construction crews encounter such materials in the course of earthwork excavation or grading If archaeological resources are encountered all activity within 50 feet of the find shall cease until it can be evaluated by a qualified archaeologist Prehistoric archaeological materials could include obsidian and chert flaked-stone tools (eg projectile points knives scrapers) or toolmaking debris culturally darkened soil (ldquomiddenrdquo) containing heat-affected rocks artifacts or shellfish remains and stone milling equipment (eg mortars pestles handstones or milling slabs) and battered stone tools such as hammerstones and pitted stones Historic-period materials could include stone concrete or adobe footings and walls filled wells or privies and deposits of metal glass andor ceramic refuse The archaeologist shall notify the Applicant and MID if the resource may be significant An appropriate treatment plan for the resources shall then be developed by the Applicant for approval by MID The archaeologist shall consult with Native American representatives in determining appropriate treatment for prehistoric or Native American cultural resources if discovered
In considering any suggested mitigation proposed by the archaeologist the Applicant and MID shall determine whether avoidance is feasible in light of factors such as the nature of the find project design costs and other considerations If avoidance is not feasible other appropriate measures (eg data recovery) shall be instituted Work may proceed in other parts of the Project site while mitigation for cultural resources in other areas of the site is being carried out
Less than Significant
Impact 45-2 The proposed Project could potentially destroy a unique paleontological resource or site or unique geologic feature
Potentially Significant
Mitigation Measure 45-2 If Paleontological Resources are Discovered During Ground-Disturbing Activities Suspend Work until Resource is Evaluated Prior to the initiation of site preparation or start of construction (and subsequently decommissioning) the Applicant shall retain a qualified professional paleontologist or a California Registered Professional Geologist (California RPG) with appropriate paleontological expertise as defined by the Society of Vertebrate Paleontologyrsquos Conformable Impact Mitigation Guidelines Committee (SVP 1995 Guidelines) to carry out a paleontological resources training program for construction workers involved in grading and excavation activities Training shall include awareness and recognition of potential fossil materials and the procedures to follow if construction crews encounter fossil materials in the course of earthwork excavation or grading If construction crews discover potential fossils all earthwork or other types of ground disturbance within 50 feet of the find shall stop immediately until the qualified professional paleontologist can assess the nature and importance of the find Based on the scientific value or uniqueness of the find the monitor may record the find and allow work to continue or recommend salvage and recovery of the fossil The Applicant shall require the paleontologist to be ldquoon-callrdquo throughout the duration of ground-disturbing activities
Less than Significant
103
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-13 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Cultural and Paleontological Resources (cont)
Impact 45-3 The proposed Project could potentially disturb any human remains including those interred outside of formal cemeteries
Potentially Significant
Mitigation Measure 45-3 Halt Work if Human Skeletal Remains are Identified During Construction If human skeletal remains are uncovered during Project construction (and subsequently decommissioning) work shall immediately halt within 100 feet of the find The Applicant shall contact the Stanislaus County Coroner to evaluate the remains and shall follow the procedures and protocols set forth in sect150645(e)(1) of the CEQA Guidelines If the County Coroner determines that the remains are Native American the Applicant shall contact the Native American Heritage Commission in accordance with Health and Safety Code Section 70505 subdivision (c) and Public Resources Code 509798 (as amended by AB 2641) The Native American Heritage Commission will designate a Most Likely Descendent of the deceased Native American who will provide recommendations as to the future disposition of the remains
Less than Significant
Energy Conservation
Impact 46-1 The construction operation and maintenance and decommissioning of the Project could result in consumption of energy
Less than Significant
None required
Impact 46-2 Construction operation and maintenance and decommissioning of the Project would require use of transportation energy
Less than Significant
None required
Impact 46-3 The Projectrsquos overall use of efficient transportation alternatives would be limited
Less than Significant
None required
Geology and Soils
Impact 47-1 The Project could expose people or structures to potential adverse effects including the risk of loss injury or death involving strong seismic ground shaking and earthquake-induced ground failure (such as liquefaction and lateral spreading)
Less than Significant
None required
Impact 47-2 The Project could result in soil erosion or loss of topsoil
Less than Significant
None required
Impact 47-3 The Project could be located on expansive soil as defined in Table 18-1-B of the Uniform Building Code (1994) creating risks to life or property
Less than Significant
None required
104
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-14 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Geology and Soils (cont)
Impact 47-4 The Project site could have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater
Less than Significant
None required
Greenhouse Gas Emissions
Impact 48-1 The Project would result in emissions of greenhouse gases that would contribute to global climate change
Less than Significant
None required
Impact 48-2 The Project could conflict with the California Air Resources Boardrsquos Climate Change Scoping Plan
Potentially Significant
Mitigation Measure 48-2 Low SF6 Leak Rate Circuit Breaker and Monitoring The Applicant shall ensure that the circuit breaker installed at the proposed new substation has a guaranteed SF6 annual leak rate of no more than 05 percent by volume The Applicant shall provide Modesto Irrigation District with documentation of compliance such as specification sheets prior to installation of the circuit breaker In addition the Applicant shall monitor the SF6-containing circuit breaker at the substation consistent with Scoping Plan Measure H-6 for the detection and repair of leaks
Less than Significant
Hazards and Hazardous Materials
Impact 49-1 Project construction decommissioning and operationmaintenance could create a hazard to the public or the environment through the routine transport use or disposal of hazardous materials
Less than Significant
None required
Impact 49-2 The Project could result in an accidental spill or leak during construction or decommissioning that could release hazardous materials into the environment
Potentially Significant
Mitigation Measure 49-2 Accidental Spill Prevention and Response Plan The Applicant shall prepare an Accidental Spill Prevention and Response Plan for construction and decommissioning activities for review and approval by Modesto Irrigation District The plan shall identify measures to prevent accidental spills from leaving the site and methods for responding to and cleaning up spills to limit the amount of materials released into the environment Such measures shall include but not be limited to ensuring that absorbent material tarps storage drums and other emergency spill supplies and equipment are kept at the Project site at all times
Less than Significant
Hydrology and Water Quality
Impact 410-1 The Project could potentially degrade water quality such that it could violate water quality standards or waste discharge requirements
Less than Significant
None required
105
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-15 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Hydrology and Water Quality (cont)
Impact 410-2 The Project could alter the existing drainage pattern of the site in a manner that could result in erosion or sedimentation on- or off-site or which could contribute to flooding
Less than Significant
None required
Impact 410-3 The Project could create or contribute runoff water that could exceed the capacity of existing or planned stormwater drainage systems or provide additional sources of polluted runoff
Less than Significant
None required
Impact 410-4 The Project could expose people or structures to a risk of loss injury or death involving flooding including flooding as a result of the failure of a levee or dam
Less than Significant
None required
Land Use and Planning
The Project would have no impacts in this resource area
Mineral Resources
The Project would have no impacts in this resource area
Noise
Impact 413-1 Project-related post driving would result in exposure of persons to groundborne vibration
Less than Significant
None required
Impact 413-2 Operation and maintenance of the Project would increase local ambient noise levels
Less than Significant
None required
Impact 413-3 Project construction and decommissioning activities would temporarily increase local ambient noise levels
Less than Significant
None required
Population and Housing
The Project would have no impacts in this resource area
106
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-16 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Public Services
The Project would have no impacts in this resource area
Recreation
The Project would have no impacts in this resource area
Transportation and Traffic
Impact 417-1 Project construction and decommissioning activities could intermittently and temporarily increase traffic congestion due to vehicle trips generated by construction workers and construction vehicles on area roadways
Potentially Significant
Mitigation Measure 417-1a MID Traffic Control Measures During construction and decommissioning of the sub-transmission and distribution lines and fiber optic cable MID shall implement the following traffic mitigation measures from the 2006 PEIR Update (2006 PEIR Update p 10-6)
1 MID will coordinate design and construction of program facilities with the agencies with jurisdiction including Caltrans counties cities special districts other utilities and the FAA as required
2 MID will obtain any necessary encroachment permits inspections or other approvals from agencies with jurisdiction
2A MID will obtain any necessary approvals and inspections from agencies with jurisdiction
2B MID shall coordinate the design and construction and shall obtain any necessary permits from the County City or State prior to placing any facilities within the public road rights-of-way of those agencies and shall conform to applicable conditions in the encroachment permit
3 MID will utilize all necessary precautions to minimize safety concerns when working within public road rights-of-way Traffic safety cones construction signage or other measures will be used to alert drivers to construction activities
4 Electrical facilities placed within public rights-of-way will comply with applicable standards for avoiding hazards to drivers pedestrians and bicyclists
Less than Significant
Mitigation Measure 417-1b Applicant Construction Traffic Management and Safety Plan Prior to the start of construction (and subsequently decommissioning) of the Project the Applicant shall prepare and implement a Traffic Management and Safety Plan that shall reduce or eliminate impacts associated with the Project The Plan shall adhere to Stanislaus County and Caltrans requirements and shall include at a minimum the following elements
a) Schedule Project-generated construction truck trips on SR 99 SR 108 and SR 219 outside the peak morning and evening commute hours to reduce potential traffic congestion and reduce potential for transit delays during the peak commute periods
107
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-17 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Transportation and Traffic (cont)
Impact 417-1 (cont) b) Comply with transportation permit requirements of Caltrans and CHP when scheduling Project-generated construction truck trips carrying oversized loads In addition provide pre-notification to local police fire and emergency service providers of the timing location and duration of construction activities that could affect the movement of emergency vehicles on area roadways
c) Place signs (eg ldquoSlow Trucksrdquo andor ldquoTrucks Turning Aheadrdquo) along appropriate roads to notify drivers of construction traffic throughout the duration of the construction period
Impact 417-2 The Project could conflict with established congestion management programs on affected roads or highways
Less than Significant
None required
Impact 417-3 Project construction and decommissioning activities could substantially increase traffic hazards due to construction in or adjacent to roads
Potentially Significant
Mitigation Measure 417-3 Implement Mitigation Measures 417-1a and 417-1b Less than Significant
Impact 417-4 The Project could result in inadequate emergency access
Potentially Significant
Mitigation Measure 417-4 Develop an Emergency Access Plan for the Site The Applicant shall develop and implement an Emergency Access Plan which shall include evacuation routes and strategies to ensure accessibility and mobility for project area and emergency vehicles Additional measures include developing an emergency action plan that identifies roles and responsibilities during emergencies and to update the plan regularly
Less than Significant
Utilities and Service Systems
Impact 418-1 The proposed Project would require or result in the construction of new stormwater drainage facilities the construction of which could cause significant environmental effects
Less than Significant
None required
108
109
110
REFERRED TO
YE
S
NO
WILL NOT
HAVE
SIGNIFICANT
IMPACT
MAY HAVE
SIGNIFICANT
IMPACT
NO COMMENT
NON CEQA YE
S
NO
YE
S
NO
AGRICULTURE COMMISSIONER X
AIRPORT LAND USE COMMISSION X
ALLIANCE X
BUILDING PERMITS DIVISION X X X
CALTRANS DISTRICT 10 X
CHIEF EXECUTIVE OFFICE X
CITY OF RIVERBANK X
COOPERATIVE EXTENSION X
CORPS OF ENGINEERS X
COUNTY COUNSEL X
ENVIRONMENTAL RESOURCES X X X
FIRE PROTECTION DIST STANISLAUS
CONSOLIDATED X X X
FISH amp GAME DEPT OF X
HAZARDOUS MATERIALS X
IRRIGATION DISTRICT MODESTO X X X
LAFCO X
MODESTO REGIONAL FIRE AUTHORITY FPB X
MOSQUITO DISTRICT EASTSIDE X
MT VALLEY EMERGENCY MEDICAL X
PACIFIC GAS amp ELECTRIC X
PUBLIC WORKS X X X
REGIONAL WATER QUALITY CONTROL X
SAN JOAQUIN VALLEY APCD X
SCHOOL DISTRICT 1 MODESTO X X X
SCHOOL DISTRICT 2 STANISLAUS X
SHERIFF X
StanCOG X
STANISLAUS COUNTY FARM BUREAU X
STANISLAUS ERC X
STATE CLEARINGHOUSE X
STATE LANDS COMMISSION X
SUPERVISORIAL DISTRICT 4 MONTEITH X
SURROUNDING LAND OWNERS
TELEPHONE COMPANY ATampT X
UNITED STATES MILITARY AGENCIES (SB 1462) (5 agencies) X
US FISH amp WILDLIFE X
X
X
SUMMARY OF RESPONSES FOR USE PERMIT REVIEW REFERRALS
RESPONDED RESPONSEMITIGATION
MEASURESCONDITIONS
PROJECT USE PERMIT APPLICATION NO 2011-10 - McHENRY SOLAR FARM
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
RESPONSIBLE
AGENCY REFERRAL
PUBLIC HEARING
NOTICE
X
X
X
X
X
X
X
X
X
111
cIbullbulltomiddot Irrlgatlon BOARD RESOLUTION e DistrIct~lt1ID
Wntr and POwtf
1 MID will coordinate design and construction of program facilities with the agencies with jurisdiction including Caltrans counties cities special districts other utilities and the FAA as required
2 MID will obtain any necessary encroachment permits inspections or other approvals from agencies with jurisdiction
2A MID will obtain any necessary approvals and inspections from agencies with jurisdiction
2B MID shall coordinate the design and construction and shall obtain any necessary permits from the County City or State prior to placing any facilities within the public road rights-of-way of those agencies and shall conform to applicable conditions in the encroachment permit
3 MID will utilize all necessary precautions to minimize safety concerns when working within public road rights-of-way Traffic safety cones construction signage or other measures will be used to alert drivers to construction activities
4 Electrical facilities placed within public rights-of-way will comply with applicable standards for avoiding hazards to drivers pedestrians and bicyclists
Mitigation Measure 417-1bApplicant Construction Traffic Management and Safety Plan Prior to the start of construction (and subsequently decommissioning) of the Project the Applicant shall prepare and implement a Traffic Management and Safety Plan that shall reduce or eliminate impacts associated with the Project The Plan shall adhere to Stanislaus County and Caltrans requirements and shall include at a minimum the following elements
a) Schedule Project-generated construction truck trips on SR 99 SR 108 and SR 219 outside the peak morning and evening commute hours to reduce potential traffic congestion and reduce potentia I for transit delays during the p traffic congestion and reduce potential for transit delays during the peak commute periods
b) Comply with transportation permit requirements of Caltrans and CHP when scheduling Project-generated construction truck trips carrying oversized loads In addition provide preshynotification to local police fire and emergency service providers of the timing location and duration of construction activities that could affect the movement of emergency vehicles on area roadways
c) Place signs (eg Slow Trucks andor Trucks Turning Ahead) along appropriate roads to notify drivers of construction traffic throughout the duration of the constructionperiodeak commute periods
DOCSN271545V4Boord_AgendaReportJorThe_MchenrySolaFa rmProject72611 Rev Dec 2010 95
IDn BOARD RESOLUTION~ -bl Dstrld Water lila POwtr
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation ofthis measure will reduce the potentially significant impact on traffic and transportation
Impact 417-3
Impact 417-3 Project construction and decommissioning activities could substantially increase traffic hazards due to construction in or adjacent to roads (DEIR page ES-17)
Mitigation Measure
Mitigation Measure 417-3 Implement Mitigation Measures 417-1a and 417-1b
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation of this measure will reduce the potentially significant impact on traffic and transportation
Impact 417-4
Impact 417-4 The Project could result in inadequate emergency access (DEIR page ES-17)
Mitigation Measure
Mitigation Measure 417-4 Develop an Emergency Access Plan for the Site The Applicant shall develop and implement an Emergency Access Plan which shall include evacuation routes and strategies to ensure accessibility and mobility for project area and emergency vehicles AdditionaI measures include developing an emergency action plan that identifies roles and responsibilities during emergencies and to update the plan regularly
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation of this measure will reduce the potentially significant impact on emergency access
VIII PROJECT ALTERNATIVES
The McHenry Solar Farm Project EIR is a project-specific ErR that evaluated a more than a dozen alternative locations to the proposed site three alternative sub-transmission line interconnection points for the proposed site three alternative solar technologies concentrated solar parabolic trough concentrated solar power tower and thin-film PV and two alternative approaches to the proposed generation of solar energy conservation and demand side management and distributed generation solar Table 1 lists the alternatives that were considered as well as which ones passed and the others that failed the screening analysis that was performed In addition the No Project Alternative was conSidered
DOCSN271545 V4BoardAgend bullbullReporCFor TheMchenry SolarFarmProJect72611 Rev Dec 2010
bull
96
~IDn BOARD RESOLUTION bJlTI District Waterlnd Power
The Final EIR presented the analysis for rejecting the alternative sites The Board independently evaluated this analysis and concurs in the analysis and conclusions presented The answering of the key question (See CEQA Guidelines Section 151266f)(2)A)) the Board finds that the Project does not cause any significant
environmental effect that is not reduced to less than significant with mitigation measures Never the lessl the EIR opted to address alternative sites
Various public comments offered generalized comments on alternatives sites No substantial evidence was presented regarding the feasibility of such sites or the reasonable ability of the Applicant to acquire the sitesl
and substantial evidence was not presented that these alternative sites would lessen all ofthe Projects significant effects to less than significant
DOCS_N271545_V4_Board_Ai n_ReporCFor _The_Mchenry _SolacFarm_Project_7 _26_11 Rev Dec 2010 97
COPIES OF THE DRAFT AND FINAL ENVIRONMENTALIMPACT REPORT AND ARE AVAILABLE FOR REVIEW ATTHE COUNTY PLANNING DEPARTMENT OFFICE OR VIATHE INTERNET AThttpwwwstancountycomplanningplagenda-min-2011shtm HARD COPIES OF ALL EIR DOCUMENTS REFERENCED INTHIS REPORT HAVE BEEN PROVIDED TO EACH MEMBEROF THE PLANNING COMMISSION
98
Executive Summary
McHenry Solar Project ES-8 May 2011 Draft Environmental Impact Report
TABLE ES-1 SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Aesthetics Visual Quality and Light and Glare
Impact 41-1 The Project could degrade the existing visual character or quality of the site and its surroundings
Less than Significant
None required
Impact 41-2 The Project would create a new source of light or glare which could adversely affect daytime or nighttime views in the area
Potentially Significant
Mitigation Measure 41-2 Nighttime Construction Lighting Nighttime construction lighting if required shall be shielded and oriented downward to minimize effects on any nearby receptors Lighting shall be directed toward active construction areas only and shall have the minimum brightness necessary to ensure worker safety
Less than Significant
Agriculture and Forest Resources
Impact 42-1 The Project would temporarily discontinue the current exclusive agricultural use (row crops) of Prime Farmland to a mix of agricultural use (grazing) and non-agricultural use
Less than Significant
None required
Air Quality
Impact 43-1 Construction and decommissioning activities would generate emissions of criteria pollutants including suspended and inhalable particulate matter and equipment exhaust emissions
Potentially Significant
Mitigation Measure 43-1 Implement Dust Control Measures The Applicant shall submit a Dust Control Plan to the APCO for approval prior to start of construction (and subsequently decommissioning) activities The Plan shall cover both Applicant and MID activities and shall require implementation of the following dust control measures
All disturbed areas including storage piles that are not being actively used for construction purposes shall be effectively stabilized of dust emissions using water chemical stabilizersuppressant covered with a tarp or other suitable cover or vegetative ground cover
All on-site unpaved roads and off-site unpaved access roads shall be effectively stabilized of dust emissions using water or chemical stabilizersuppressant
All land clearing grubbing scraping excavation land leveling grading cut and fill and demolition activities shall be effectively controlled of fugitive dust emissions using application of water or by presoaking
When materials are transported off-site all material shall be covered or effectively wetted to limit visible dust emissions and at least six inches of freeboard space from the top of the container shall be maintained
Limit or expeditiously remove trackout (ie accumulation of mud or dirt from Project-related vehicle tires) from adjacent public streets near the Project access points Trackout shall be immediately removed from public streets when it extends 50 or more feet from the Project access points otherwise trackout shall be removed at the end of each workday (The use of dry rotary brushes is expressly prohibited except where preceded or accompanied by sufficient wetting to limit the visible dust emissions)(Use of blower devices is expressly forbidden)
Less than Significant
99
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-9 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Air Quality (cont)
Impact 43-1 (cont) Following the addition of materials to or removal of materials from the surface of outdoor storage piles said piles shall be effectively stabilized of fugitive dust emissions using sufficient water or chemical stabilizersuppressant
Limit traffic speed on unpaved on-site roads to 15 mph
Install sandbags or other erosion control measures to prevent silt runoff to public roadways from sites with a slope greater than one percent
Install windbreaks at windward side(s) of construction areas
Suspend excavation and grading activity when winds exceed 20 mph
Impact 43-2 Operation of the Project would generate exhaust emissions of criteria pollutants from routine operations
Less than Significant
None required
Impact 43-3 The Project could result in permanently disturbed land that would serve as a source of fugitive dust emissions
Less than Significant
None required
Impact 43-4 Construction and decommissioning emissions associated with the Project could result in emissions of ozone precursors and particulate matter that would be cumulatively considerable
Potentially Significant
Mitigation Measure 43-4 Implement Mitigation Measure 43-1 Less than Significant
Impact 43-5 Operation and maintenance of the Project could generate emissions of criteria pollutants that would be cumulatively considerable
Less than Significant
None required
Impact 43-6 The Project would generate emissions of criteria pollutants potentially exposing sensitive receptors to harmful pollutant concentrations
Potentially Significant
Mitigation Measure 43-6 Implement Mitigation Measure 43-1 Less than Significant
Impact 43-7 The Project would generate emissions of Toxic Air Contaminants potentially exposing sensitive receptors to harmful pollutant concentrations
Less than Significant
None required
100
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-10 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Biological Resources
Impact 44-1 Applicant Project activities could result in potential disturbance or loss of Swainsonrsquos hawk and their habitat
Potentially Significant
Mitigation Measure 44-1a Preconstruction Surveys for Swainsonrsquos Hawk If Project-related construction or decommissioning activities are planned to occur during the nesting period (March 1 to September 15) the Applicant shall engage a qualified biologist to conduct preconstruction surveys for Swainsonrsquos hawk and their nests no more than 14 days before the start of construction or decommissioning activities within 025 mile of the Project site where access is available Survey results shall be submitted to CDFG at least three days prior to the start of construction or decommissioning activities If active nests are not identified no further action is required and constructiondecommissioning may proceed If active nests are identified the Applicant shall consult with CDFG to develop and implement suitable avoidance measures consistent with the Staff Report Regarding Mitigation for Impacts to Swainsonrsquos Hawks in the Central Valley of California (CDFG 1994) To avoid impacting breeding efforts no construction or decommissioning activities shall occur between March 1 and September 15 within 500 feet of an active nest that could cause nest abandonment or forced fledging These buffers may be reduced in consultation with CDFG
Depending on conditions specific to each active nest and the relative location and rate of construction or decommissioning activities it may be feasible for such activities to occur as planned within the buffer without impacting the breeding effort In this case (to be determined in consultation with CDFG) the nest(s) shall be monitored by a qualified biologist during construction or decommissioning within the buffer The monitor shall have ldquostop workrdquo authority If in the professional opinion of the monitor Project activities are negatively affecting the nesting behavior of the bird the monitor shall stop all such activities within the designated buffer Construction or decommissioning activities shall not resume until either the monitor has determined that the young have fledged the nest or as otherwise approved by CDFG
With CDFG concurrence construction activities that are initiated outside the nesting season may continue even if raptors choose to nest within 500 feet of work activities Thus work may continue without delay if surveys verify the local absence of nesting raptors or if construction begins outside the nesting period (September 16 to February 28)
Less than Significant
Mitigation Measure 44-1b Reduce Construction Noise Levels If it appears that noise or vibration from vibratory post driving associated with Project construction (or other similar noise-generating construction or decommissioning activity) could affect nesting Swainsonrsquos hawks that arrive after the start of construction specific measures including but not limited to use of noise dissipaters shall be implemented to reduce noise levels During post driving a noise level of no greater than 85 decibels (measured at the nest) shall be used as general guidance for nests that are established after construction
Impact 44-2 MID activities could result in potential disturbance or loss of Swainsonrsquos hawk and their habitat
Potentially Significant
Mitigation Measure 44-2 Avian-safe Transmission Line (MID) Transmission poles should be designed using criteria identified in Avian Power Line Interaction Committee (APLIC 2006)
Less than Significant
101
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-11 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Biological Resources (cont)
Impact 44-3 Project activities could impact other tree-nesting raptors andor protected nesting migratory birds
Potentially Significant
Mitigation Measure 44-3 Preconstruction Raptor Surveys (Applicant) If Project-related construction andor decommissioning activities are to occur during the breeding period for nesting raptors andor protected nesting migratory birds (February 1 through August 31) the Applicant shall engage a qualified biologist to conduct preconstruction surveys of all potential habitat within 500 feet of the Project site no more than 14 days prior to the start of construction or decommissioning activities If active nests are not identified no further action is necessary If active nests are identified during preconstruction surveys a no-disturbance buffer shall be created around active raptor nests and nests of other special-status birds during the breeding season or until it is determined by the qualified biologist that all young have fledged Typical buffers are 500 feet for raptors and 250 feet for other nesting birds (eg waterfowl and passerine birds) The size of these buffer zones and types of construction or decommissioning activities allowed in these areas could be further modified in coordination with CDFG and shall be based on existing noise and disturbance levels in the Project area
Less than Significant
Impact 44-4 Project activities could result in potential disturbance or loss of burrowing owls and their habitat
Potentially Significant
Mitigation Measure 44-4a Preconstruction Burrowing Owl Surveys (Applicant) The Applicant shall engage a qualified biologist to conduct preconstruction surveys for burrowing owls 14 to 30 days prior to the start of construction or decommissioning using the most current CDFG protocol Surveys shall cover grassland areas within a 500-foot buffer from all Project constructiondecommissioning activities that are within suitable grasslands habitat including checking for adult and juvenile burrowing owls and owl nests If owls are detected during surveys occupied burrows shall not be disturbed
Constructiondecommissioning exclusion areas (eg orange exclusion fence or signage) shall be established around the occupied burrows where no disturbance shall be allowed During the nonbreeding season (September 1 through January 31) the exclusion zone shall extend 160 feet around occupied burrows During the breeding season (February 1 through August 31) exclusion areas shall extend 250 feet around occupied burrows
If the above requirements cannot be met passive relocation of on-site owls may be implemented as an alternative but only during the nonbreeding season and only with prior CDFG approval Passive relocation shall be accomplished by installing one-way doors on the entrances of burrows located within 160 feet of the Project area The one-way doors shall be left in place for 48 hours to ensure the owls have left the burrow The burrows shall then be excavated with a qualified biologist present Constructiondecommissioning shall not proceed until the Project area is deemed free of owls by the qualified biologist
Less than Significant
Mitigation Measure 44-4b Preconstruction Burrowing Owl Surveys (MID) Prior to construction MID shall conduct pre-construction surveys for burrowing owl for the sub-transmissiondistribution line and fiber optic cable alignment These surveys shall be conducted using the most up-to-date CDFG published protocols (eg CDFGs 1995 Staff Report on Burrowing Owl Mitigation) If owls are detected during surveys occupied burrows shall not be disturbed
102
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-12 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Cultural and Paleontological Resources
Impact 45-1 The proposed Project could potentially cause an adverse change in the significance of a unique archaeological resource pursuant to sect150645
Potentially Significant
Mitigation Measure 45-1 If Cultural Resources are Discovered During Ground-Disturbing Activities Suspend Work until Resource is Evaluated Prior to the initiation of site preparation or start of construction (and subsequently decommissioning) the Applicant shall retain a qualified professional archaeologist to complete an archaeological resources training program for construction workers involved in grading and excavation activities Training shall include awareness and recognition of archaeological materials and the procedures to follow if construction crews encounter such materials in the course of earthwork excavation or grading If archaeological resources are encountered all activity within 50 feet of the find shall cease until it can be evaluated by a qualified archaeologist Prehistoric archaeological materials could include obsidian and chert flaked-stone tools (eg projectile points knives scrapers) or toolmaking debris culturally darkened soil (ldquomiddenrdquo) containing heat-affected rocks artifacts or shellfish remains and stone milling equipment (eg mortars pestles handstones or milling slabs) and battered stone tools such as hammerstones and pitted stones Historic-period materials could include stone concrete or adobe footings and walls filled wells or privies and deposits of metal glass andor ceramic refuse The archaeologist shall notify the Applicant and MID if the resource may be significant An appropriate treatment plan for the resources shall then be developed by the Applicant for approval by MID The archaeologist shall consult with Native American representatives in determining appropriate treatment for prehistoric or Native American cultural resources if discovered
In considering any suggested mitigation proposed by the archaeologist the Applicant and MID shall determine whether avoidance is feasible in light of factors such as the nature of the find project design costs and other considerations If avoidance is not feasible other appropriate measures (eg data recovery) shall be instituted Work may proceed in other parts of the Project site while mitigation for cultural resources in other areas of the site is being carried out
Less than Significant
Impact 45-2 The proposed Project could potentially destroy a unique paleontological resource or site or unique geologic feature
Potentially Significant
Mitigation Measure 45-2 If Paleontological Resources are Discovered During Ground-Disturbing Activities Suspend Work until Resource is Evaluated Prior to the initiation of site preparation or start of construction (and subsequently decommissioning) the Applicant shall retain a qualified professional paleontologist or a California Registered Professional Geologist (California RPG) with appropriate paleontological expertise as defined by the Society of Vertebrate Paleontologyrsquos Conformable Impact Mitigation Guidelines Committee (SVP 1995 Guidelines) to carry out a paleontological resources training program for construction workers involved in grading and excavation activities Training shall include awareness and recognition of potential fossil materials and the procedures to follow if construction crews encounter fossil materials in the course of earthwork excavation or grading If construction crews discover potential fossils all earthwork or other types of ground disturbance within 50 feet of the find shall stop immediately until the qualified professional paleontologist can assess the nature and importance of the find Based on the scientific value or uniqueness of the find the monitor may record the find and allow work to continue or recommend salvage and recovery of the fossil The Applicant shall require the paleontologist to be ldquoon-callrdquo throughout the duration of ground-disturbing activities
Less than Significant
103
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-13 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Cultural and Paleontological Resources (cont)
Impact 45-3 The proposed Project could potentially disturb any human remains including those interred outside of formal cemeteries
Potentially Significant
Mitigation Measure 45-3 Halt Work if Human Skeletal Remains are Identified During Construction If human skeletal remains are uncovered during Project construction (and subsequently decommissioning) work shall immediately halt within 100 feet of the find The Applicant shall contact the Stanislaus County Coroner to evaluate the remains and shall follow the procedures and protocols set forth in sect150645(e)(1) of the CEQA Guidelines If the County Coroner determines that the remains are Native American the Applicant shall contact the Native American Heritage Commission in accordance with Health and Safety Code Section 70505 subdivision (c) and Public Resources Code 509798 (as amended by AB 2641) The Native American Heritage Commission will designate a Most Likely Descendent of the deceased Native American who will provide recommendations as to the future disposition of the remains
Less than Significant
Energy Conservation
Impact 46-1 The construction operation and maintenance and decommissioning of the Project could result in consumption of energy
Less than Significant
None required
Impact 46-2 Construction operation and maintenance and decommissioning of the Project would require use of transportation energy
Less than Significant
None required
Impact 46-3 The Projectrsquos overall use of efficient transportation alternatives would be limited
Less than Significant
None required
Geology and Soils
Impact 47-1 The Project could expose people or structures to potential adverse effects including the risk of loss injury or death involving strong seismic ground shaking and earthquake-induced ground failure (such as liquefaction and lateral spreading)
Less than Significant
None required
Impact 47-2 The Project could result in soil erosion or loss of topsoil
Less than Significant
None required
Impact 47-3 The Project could be located on expansive soil as defined in Table 18-1-B of the Uniform Building Code (1994) creating risks to life or property
Less than Significant
None required
104
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-14 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Geology and Soils (cont)
Impact 47-4 The Project site could have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater
Less than Significant
None required
Greenhouse Gas Emissions
Impact 48-1 The Project would result in emissions of greenhouse gases that would contribute to global climate change
Less than Significant
None required
Impact 48-2 The Project could conflict with the California Air Resources Boardrsquos Climate Change Scoping Plan
Potentially Significant
Mitigation Measure 48-2 Low SF6 Leak Rate Circuit Breaker and Monitoring The Applicant shall ensure that the circuit breaker installed at the proposed new substation has a guaranteed SF6 annual leak rate of no more than 05 percent by volume The Applicant shall provide Modesto Irrigation District with documentation of compliance such as specification sheets prior to installation of the circuit breaker In addition the Applicant shall monitor the SF6-containing circuit breaker at the substation consistent with Scoping Plan Measure H-6 for the detection and repair of leaks
Less than Significant
Hazards and Hazardous Materials
Impact 49-1 Project construction decommissioning and operationmaintenance could create a hazard to the public or the environment through the routine transport use or disposal of hazardous materials
Less than Significant
None required
Impact 49-2 The Project could result in an accidental spill or leak during construction or decommissioning that could release hazardous materials into the environment
Potentially Significant
Mitigation Measure 49-2 Accidental Spill Prevention and Response Plan The Applicant shall prepare an Accidental Spill Prevention and Response Plan for construction and decommissioning activities for review and approval by Modesto Irrigation District The plan shall identify measures to prevent accidental spills from leaving the site and methods for responding to and cleaning up spills to limit the amount of materials released into the environment Such measures shall include but not be limited to ensuring that absorbent material tarps storage drums and other emergency spill supplies and equipment are kept at the Project site at all times
Less than Significant
Hydrology and Water Quality
Impact 410-1 The Project could potentially degrade water quality such that it could violate water quality standards or waste discharge requirements
Less than Significant
None required
105
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-15 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Hydrology and Water Quality (cont)
Impact 410-2 The Project could alter the existing drainage pattern of the site in a manner that could result in erosion or sedimentation on- or off-site or which could contribute to flooding
Less than Significant
None required
Impact 410-3 The Project could create or contribute runoff water that could exceed the capacity of existing or planned stormwater drainage systems or provide additional sources of polluted runoff
Less than Significant
None required
Impact 410-4 The Project could expose people or structures to a risk of loss injury or death involving flooding including flooding as a result of the failure of a levee or dam
Less than Significant
None required
Land Use and Planning
The Project would have no impacts in this resource area
Mineral Resources
The Project would have no impacts in this resource area
Noise
Impact 413-1 Project-related post driving would result in exposure of persons to groundborne vibration
Less than Significant
None required
Impact 413-2 Operation and maintenance of the Project would increase local ambient noise levels
Less than Significant
None required
Impact 413-3 Project construction and decommissioning activities would temporarily increase local ambient noise levels
Less than Significant
None required
Population and Housing
The Project would have no impacts in this resource area
106
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-16 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Public Services
The Project would have no impacts in this resource area
Recreation
The Project would have no impacts in this resource area
Transportation and Traffic
Impact 417-1 Project construction and decommissioning activities could intermittently and temporarily increase traffic congestion due to vehicle trips generated by construction workers and construction vehicles on area roadways
Potentially Significant
Mitigation Measure 417-1a MID Traffic Control Measures During construction and decommissioning of the sub-transmission and distribution lines and fiber optic cable MID shall implement the following traffic mitigation measures from the 2006 PEIR Update (2006 PEIR Update p 10-6)
1 MID will coordinate design and construction of program facilities with the agencies with jurisdiction including Caltrans counties cities special districts other utilities and the FAA as required
2 MID will obtain any necessary encroachment permits inspections or other approvals from agencies with jurisdiction
2A MID will obtain any necessary approvals and inspections from agencies with jurisdiction
2B MID shall coordinate the design and construction and shall obtain any necessary permits from the County City or State prior to placing any facilities within the public road rights-of-way of those agencies and shall conform to applicable conditions in the encroachment permit
3 MID will utilize all necessary precautions to minimize safety concerns when working within public road rights-of-way Traffic safety cones construction signage or other measures will be used to alert drivers to construction activities
4 Electrical facilities placed within public rights-of-way will comply with applicable standards for avoiding hazards to drivers pedestrians and bicyclists
Less than Significant
Mitigation Measure 417-1b Applicant Construction Traffic Management and Safety Plan Prior to the start of construction (and subsequently decommissioning) of the Project the Applicant shall prepare and implement a Traffic Management and Safety Plan that shall reduce or eliminate impacts associated with the Project The Plan shall adhere to Stanislaus County and Caltrans requirements and shall include at a minimum the following elements
a) Schedule Project-generated construction truck trips on SR 99 SR 108 and SR 219 outside the peak morning and evening commute hours to reduce potential traffic congestion and reduce potential for transit delays during the peak commute periods
107
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-17 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Transportation and Traffic (cont)
Impact 417-1 (cont) b) Comply with transportation permit requirements of Caltrans and CHP when scheduling Project-generated construction truck trips carrying oversized loads In addition provide pre-notification to local police fire and emergency service providers of the timing location and duration of construction activities that could affect the movement of emergency vehicles on area roadways
c) Place signs (eg ldquoSlow Trucksrdquo andor ldquoTrucks Turning Aheadrdquo) along appropriate roads to notify drivers of construction traffic throughout the duration of the construction period
Impact 417-2 The Project could conflict with established congestion management programs on affected roads or highways
Less than Significant
None required
Impact 417-3 Project construction and decommissioning activities could substantially increase traffic hazards due to construction in or adjacent to roads
Potentially Significant
Mitigation Measure 417-3 Implement Mitigation Measures 417-1a and 417-1b Less than Significant
Impact 417-4 The Project could result in inadequate emergency access
Potentially Significant
Mitigation Measure 417-4 Develop an Emergency Access Plan for the Site The Applicant shall develop and implement an Emergency Access Plan which shall include evacuation routes and strategies to ensure accessibility and mobility for project area and emergency vehicles Additional measures include developing an emergency action plan that identifies roles and responsibilities during emergencies and to update the plan regularly
Less than Significant
Utilities and Service Systems
Impact 418-1 The proposed Project would require or result in the construction of new stormwater drainage facilities the construction of which could cause significant environmental effects
Less than Significant
None required
108
109
110
REFERRED TO
YE
S
NO
WILL NOT
HAVE
SIGNIFICANT
IMPACT
MAY HAVE
SIGNIFICANT
IMPACT
NO COMMENT
NON CEQA YE
S
NO
YE
S
NO
AGRICULTURE COMMISSIONER X
AIRPORT LAND USE COMMISSION X
ALLIANCE X
BUILDING PERMITS DIVISION X X X
CALTRANS DISTRICT 10 X
CHIEF EXECUTIVE OFFICE X
CITY OF RIVERBANK X
COOPERATIVE EXTENSION X
CORPS OF ENGINEERS X
COUNTY COUNSEL X
ENVIRONMENTAL RESOURCES X X X
FIRE PROTECTION DIST STANISLAUS
CONSOLIDATED X X X
FISH amp GAME DEPT OF X
HAZARDOUS MATERIALS X
IRRIGATION DISTRICT MODESTO X X X
LAFCO X
MODESTO REGIONAL FIRE AUTHORITY FPB X
MOSQUITO DISTRICT EASTSIDE X
MT VALLEY EMERGENCY MEDICAL X
PACIFIC GAS amp ELECTRIC X
PUBLIC WORKS X X X
REGIONAL WATER QUALITY CONTROL X
SAN JOAQUIN VALLEY APCD X
SCHOOL DISTRICT 1 MODESTO X X X
SCHOOL DISTRICT 2 STANISLAUS X
SHERIFF X
StanCOG X
STANISLAUS COUNTY FARM BUREAU X
STANISLAUS ERC X
STATE CLEARINGHOUSE X
STATE LANDS COMMISSION X
SUPERVISORIAL DISTRICT 4 MONTEITH X
SURROUNDING LAND OWNERS
TELEPHONE COMPANY ATampT X
UNITED STATES MILITARY AGENCIES (SB 1462) (5 agencies) X
US FISH amp WILDLIFE X
X
X
SUMMARY OF RESPONSES FOR USE PERMIT REVIEW REFERRALS
RESPONDED RESPONSEMITIGATION
MEASURESCONDITIONS
PROJECT USE PERMIT APPLICATION NO 2011-10 - McHENRY SOLAR FARM
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
RESPONSIBLE
AGENCY REFERRAL
PUBLIC HEARING
NOTICE
X
X
X
X
X
X
X
X
X
111
IDn BOARD RESOLUTION~ -bl Dstrld Water lila POwtr
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation ofthis measure will reduce the potentially significant impact on traffic and transportation
Impact 417-3
Impact 417-3 Project construction and decommissioning activities could substantially increase traffic hazards due to construction in or adjacent to roads (DEIR page ES-17)
Mitigation Measure
Mitigation Measure 417-3 Implement Mitigation Measures 417-1a and 417-1b
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation of this measure will reduce the potentially significant impact on traffic and transportation
Impact 417-4
Impact 417-4 The Project could result in inadequate emergency access (DEIR page ES-17)
Mitigation Measure
Mitigation Measure 417-4 Develop an Emergency Access Plan for the Site The Applicant shall develop and implement an Emergency Access Plan which shall include evacuation routes and strategies to ensure accessibility and mobility for project area and emergency vehicles AdditionaI measures include developing an emergency action plan that identifies roles and responsibilities during emergencies and to update the plan regularly
Finding
The Board finds based on substantial evidence presented in the record of proceedings that implementation of this measure will reduce the potentially significant impact on emergency access
VIII PROJECT ALTERNATIVES
The McHenry Solar Farm Project EIR is a project-specific ErR that evaluated a more than a dozen alternative locations to the proposed site three alternative sub-transmission line interconnection points for the proposed site three alternative solar technologies concentrated solar parabolic trough concentrated solar power tower and thin-film PV and two alternative approaches to the proposed generation of solar energy conservation and demand side management and distributed generation solar Table 1 lists the alternatives that were considered as well as which ones passed and the others that failed the screening analysis that was performed In addition the No Project Alternative was conSidered
DOCSN271545 V4BoardAgend bullbullReporCFor TheMchenry SolarFarmProJect72611 Rev Dec 2010
bull
96
~IDn BOARD RESOLUTION bJlTI District Waterlnd Power
The Final EIR presented the analysis for rejecting the alternative sites The Board independently evaluated this analysis and concurs in the analysis and conclusions presented The answering of the key question (See CEQA Guidelines Section 151266f)(2)A)) the Board finds that the Project does not cause any significant
environmental effect that is not reduced to less than significant with mitigation measures Never the lessl the EIR opted to address alternative sites
Various public comments offered generalized comments on alternatives sites No substantial evidence was presented regarding the feasibility of such sites or the reasonable ability of the Applicant to acquire the sitesl
and substantial evidence was not presented that these alternative sites would lessen all ofthe Projects significant effects to less than significant
DOCS_N271545_V4_Board_Ai n_ReporCFor _The_Mchenry _SolacFarm_Project_7 _26_11 Rev Dec 2010 97
COPIES OF THE DRAFT AND FINAL ENVIRONMENTALIMPACT REPORT AND ARE AVAILABLE FOR REVIEW ATTHE COUNTY PLANNING DEPARTMENT OFFICE OR VIATHE INTERNET AThttpwwwstancountycomplanningplagenda-min-2011shtm HARD COPIES OF ALL EIR DOCUMENTS REFERENCED INTHIS REPORT HAVE BEEN PROVIDED TO EACH MEMBEROF THE PLANNING COMMISSION
98
Executive Summary
McHenry Solar Project ES-8 May 2011 Draft Environmental Impact Report
TABLE ES-1 SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Aesthetics Visual Quality and Light and Glare
Impact 41-1 The Project could degrade the existing visual character or quality of the site and its surroundings
Less than Significant
None required
Impact 41-2 The Project would create a new source of light or glare which could adversely affect daytime or nighttime views in the area
Potentially Significant
Mitigation Measure 41-2 Nighttime Construction Lighting Nighttime construction lighting if required shall be shielded and oriented downward to minimize effects on any nearby receptors Lighting shall be directed toward active construction areas only and shall have the minimum brightness necessary to ensure worker safety
Less than Significant
Agriculture and Forest Resources
Impact 42-1 The Project would temporarily discontinue the current exclusive agricultural use (row crops) of Prime Farmland to a mix of agricultural use (grazing) and non-agricultural use
Less than Significant
None required
Air Quality
Impact 43-1 Construction and decommissioning activities would generate emissions of criteria pollutants including suspended and inhalable particulate matter and equipment exhaust emissions
Potentially Significant
Mitigation Measure 43-1 Implement Dust Control Measures The Applicant shall submit a Dust Control Plan to the APCO for approval prior to start of construction (and subsequently decommissioning) activities The Plan shall cover both Applicant and MID activities and shall require implementation of the following dust control measures
All disturbed areas including storage piles that are not being actively used for construction purposes shall be effectively stabilized of dust emissions using water chemical stabilizersuppressant covered with a tarp or other suitable cover or vegetative ground cover
All on-site unpaved roads and off-site unpaved access roads shall be effectively stabilized of dust emissions using water or chemical stabilizersuppressant
All land clearing grubbing scraping excavation land leveling grading cut and fill and demolition activities shall be effectively controlled of fugitive dust emissions using application of water or by presoaking
When materials are transported off-site all material shall be covered or effectively wetted to limit visible dust emissions and at least six inches of freeboard space from the top of the container shall be maintained
Limit or expeditiously remove trackout (ie accumulation of mud or dirt from Project-related vehicle tires) from adjacent public streets near the Project access points Trackout shall be immediately removed from public streets when it extends 50 or more feet from the Project access points otherwise trackout shall be removed at the end of each workday (The use of dry rotary brushes is expressly prohibited except where preceded or accompanied by sufficient wetting to limit the visible dust emissions)(Use of blower devices is expressly forbidden)
Less than Significant
99
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-9 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Air Quality (cont)
Impact 43-1 (cont) Following the addition of materials to or removal of materials from the surface of outdoor storage piles said piles shall be effectively stabilized of fugitive dust emissions using sufficient water or chemical stabilizersuppressant
Limit traffic speed on unpaved on-site roads to 15 mph
Install sandbags or other erosion control measures to prevent silt runoff to public roadways from sites with a slope greater than one percent
Install windbreaks at windward side(s) of construction areas
Suspend excavation and grading activity when winds exceed 20 mph
Impact 43-2 Operation of the Project would generate exhaust emissions of criteria pollutants from routine operations
Less than Significant
None required
Impact 43-3 The Project could result in permanently disturbed land that would serve as a source of fugitive dust emissions
Less than Significant
None required
Impact 43-4 Construction and decommissioning emissions associated with the Project could result in emissions of ozone precursors and particulate matter that would be cumulatively considerable
Potentially Significant
Mitigation Measure 43-4 Implement Mitigation Measure 43-1 Less than Significant
Impact 43-5 Operation and maintenance of the Project could generate emissions of criteria pollutants that would be cumulatively considerable
Less than Significant
None required
Impact 43-6 The Project would generate emissions of criteria pollutants potentially exposing sensitive receptors to harmful pollutant concentrations
Potentially Significant
Mitigation Measure 43-6 Implement Mitigation Measure 43-1 Less than Significant
Impact 43-7 The Project would generate emissions of Toxic Air Contaminants potentially exposing sensitive receptors to harmful pollutant concentrations
Less than Significant
None required
100
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-10 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Biological Resources
Impact 44-1 Applicant Project activities could result in potential disturbance or loss of Swainsonrsquos hawk and their habitat
Potentially Significant
Mitigation Measure 44-1a Preconstruction Surveys for Swainsonrsquos Hawk If Project-related construction or decommissioning activities are planned to occur during the nesting period (March 1 to September 15) the Applicant shall engage a qualified biologist to conduct preconstruction surveys for Swainsonrsquos hawk and their nests no more than 14 days before the start of construction or decommissioning activities within 025 mile of the Project site where access is available Survey results shall be submitted to CDFG at least three days prior to the start of construction or decommissioning activities If active nests are not identified no further action is required and constructiondecommissioning may proceed If active nests are identified the Applicant shall consult with CDFG to develop and implement suitable avoidance measures consistent with the Staff Report Regarding Mitigation for Impacts to Swainsonrsquos Hawks in the Central Valley of California (CDFG 1994) To avoid impacting breeding efforts no construction or decommissioning activities shall occur between March 1 and September 15 within 500 feet of an active nest that could cause nest abandonment or forced fledging These buffers may be reduced in consultation with CDFG
Depending on conditions specific to each active nest and the relative location and rate of construction or decommissioning activities it may be feasible for such activities to occur as planned within the buffer without impacting the breeding effort In this case (to be determined in consultation with CDFG) the nest(s) shall be monitored by a qualified biologist during construction or decommissioning within the buffer The monitor shall have ldquostop workrdquo authority If in the professional opinion of the monitor Project activities are negatively affecting the nesting behavior of the bird the monitor shall stop all such activities within the designated buffer Construction or decommissioning activities shall not resume until either the monitor has determined that the young have fledged the nest or as otherwise approved by CDFG
With CDFG concurrence construction activities that are initiated outside the nesting season may continue even if raptors choose to nest within 500 feet of work activities Thus work may continue without delay if surveys verify the local absence of nesting raptors or if construction begins outside the nesting period (September 16 to February 28)
Less than Significant
Mitigation Measure 44-1b Reduce Construction Noise Levels If it appears that noise or vibration from vibratory post driving associated with Project construction (or other similar noise-generating construction or decommissioning activity) could affect nesting Swainsonrsquos hawks that arrive after the start of construction specific measures including but not limited to use of noise dissipaters shall be implemented to reduce noise levels During post driving a noise level of no greater than 85 decibels (measured at the nest) shall be used as general guidance for nests that are established after construction
Impact 44-2 MID activities could result in potential disturbance or loss of Swainsonrsquos hawk and their habitat
Potentially Significant
Mitigation Measure 44-2 Avian-safe Transmission Line (MID) Transmission poles should be designed using criteria identified in Avian Power Line Interaction Committee (APLIC 2006)
Less than Significant
101
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-11 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Biological Resources (cont)
Impact 44-3 Project activities could impact other tree-nesting raptors andor protected nesting migratory birds
Potentially Significant
Mitigation Measure 44-3 Preconstruction Raptor Surveys (Applicant) If Project-related construction andor decommissioning activities are to occur during the breeding period for nesting raptors andor protected nesting migratory birds (February 1 through August 31) the Applicant shall engage a qualified biologist to conduct preconstruction surveys of all potential habitat within 500 feet of the Project site no more than 14 days prior to the start of construction or decommissioning activities If active nests are not identified no further action is necessary If active nests are identified during preconstruction surveys a no-disturbance buffer shall be created around active raptor nests and nests of other special-status birds during the breeding season or until it is determined by the qualified biologist that all young have fledged Typical buffers are 500 feet for raptors and 250 feet for other nesting birds (eg waterfowl and passerine birds) The size of these buffer zones and types of construction or decommissioning activities allowed in these areas could be further modified in coordination with CDFG and shall be based on existing noise and disturbance levels in the Project area
Less than Significant
Impact 44-4 Project activities could result in potential disturbance or loss of burrowing owls and their habitat
Potentially Significant
Mitigation Measure 44-4a Preconstruction Burrowing Owl Surveys (Applicant) The Applicant shall engage a qualified biologist to conduct preconstruction surveys for burrowing owls 14 to 30 days prior to the start of construction or decommissioning using the most current CDFG protocol Surveys shall cover grassland areas within a 500-foot buffer from all Project constructiondecommissioning activities that are within suitable grasslands habitat including checking for adult and juvenile burrowing owls and owl nests If owls are detected during surveys occupied burrows shall not be disturbed
Constructiondecommissioning exclusion areas (eg orange exclusion fence or signage) shall be established around the occupied burrows where no disturbance shall be allowed During the nonbreeding season (September 1 through January 31) the exclusion zone shall extend 160 feet around occupied burrows During the breeding season (February 1 through August 31) exclusion areas shall extend 250 feet around occupied burrows
If the above requirements cannot be met passive relocation of on-site owls may be implemented as an alternative but only during the nonbreeding season and only with prior CDFG approval Passive relocation shall be accomplished by installing one-way doors on the entrances of burrows located within 160 feet of the Project area The one-way doors shall be left in place for 48 hours to ensure the owls have left the burrow The burrows shall then be excavated with a qualified biologist present Constructiondecommissioning shall not proceed until the Project area is deemed free of owls by the qualified biologist
Less than Significant
Mitigation Measure 44-4b Preconstruction Burrowing Owl Surveys (MID) Prior to construction MID shall conduct pre-construction surveys for burrowing owl for the sub-transmissiondistribution line and fiber optic cable alignment These surveys shall be conducted using the most up-to-date CDFG published protocols (eg CDFGs 1995 Staff Report on Burrowing Owl Mitigation) If owls are detected during surveys occupied burrows shall not be disturbed
102
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-12 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Cultural and Paleontological Resources
Impact 45-1 The proposed Project could potentially cause an adverse change in the significance of a unique archaeological resource pursuant to sect150645
Potentially Significant
Mitigation Measure 45-1 If Cultural Resources are Discovered During Ground-Disturbing Activities Suspend Work until Resource is Evaluated Prior to the initiation of site preparation or start of construction (and subsequently decommissioning) the Applicant shall retain a qualified professional archaeologist to complete an archaeological resources training program for construction workers involved in grading and excavation activities Training shall include awareness and recognition of archaeological materials and the procedures to follow if construction crews encounter such materials in the course of earthwork excavation or grading If archaeological resources are encountered all activity within 50 feet of the find shall cease until it can be evaluated by a qualified archaeologist Prehistoric archaeological materials could include obsidian and chert flaked-stone tools (eg projectile points knives scrapers) or toolmaking debris culturally darkened soil (ldquomiddenrdquo) containing heat-affected rocks artifacts or shellfish remains and stone milling equipment (eg mortars pestles handstones or milling slabs) and battered stone tools such as hammerstones and pitted stones Historic-period materials could include stone concrete or adobe footings and walls filled wells or privies and deposits of metal glass andor ceramic refuse The archaeologist shall notify the Applicant and MID if the resource may be significant An appropriate treatment plan for the resources shall then be developed by the Applicant for approval by MID The archaeologist shall consult with Native American representatives in determining appropriate treatment for prehistoric or Native American cultural resources if discovered
In considering any suggested mitigation proposed by the archaeologist the Applicant and MID shall determine whether avoidance is feasible in light of factors such as the nature of the find project design costs and other considerations If avoidance is not feasible other appropriate measures (eg data recovery) shall be instituted Work may proceed in other parts of the Project site while mitigation for cultural resources in other areas of the site is being carried out
Less than Significant
Impact 45-2 The proposed Project could potentially destroy a unique paleontological resource or site or unique geologic feature
Potentially Significant
Mitigation Measure 45-2 If Paleontological Resources are Discovered During Ground-Disturbing Activities Suspend Work until Resource is Evaluated Prior to the initiation of site preparation or start of construction (and subsequently decommissioning) the Applicant shall retain a qualified professional paleontologist or a California Registered Professional Geologist (California RPG) with appropriate paleontological expertise as defined by the Society of Vertebrate Paleontologyrsquos Conformable Impact Mitigation Guidelines Committee (SVP 1995 Guidelines) to carry out a paleontological resources training program for construction workers involved in grading and excavation activities Training shall include awareness and recognition of potential fossil materials and the procedures to follow if construction crews encounter fossil materials in the course of earthwork excavation or grading If construction crews discover potential fossils all earthwork or other types of ground disturbance within 50 feet of the find shall stop immediately until the qualified professional paleontologist can assess the nature and importance of the find Based on the scientific value or uniqueness of the find the monitor may record the find and allow work to continue or recommend salvage and recovery of the fossil The Applicant shall require the paleontologist to be ldquoon-callrdquo throughout the duration of ground-disturbing activities
Less than Significant
103
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-13 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Cultural and Paleontological Resources (cont)
Impact 45-3 The proposed Project could potentially disturb any human remains including those interred outside of formal cemeteries
Potentially Significant
Mitigation Measure 45-3 Halt Work if Human Skeletal Remains are Identified During Construction If human skeletal remains are uncovered during Project construction (and subsequently decommissioning) work shall immediately halt within 100 feet of the find The Applicant shall contact the Stanislaus County Coroner to evaluate the remains and shall follow the procedures and protocols set forth in sect150645(e)(1) of the CEQA Guidelines If the County Coroner determines that the remains are Native American the Applicant shall contact the Native American Heritage Commission in accordance with Health and Safety Code Section 70505 subdivision (c) and Public Resources Code 509798 (as amended by AB 2641) The Native American Heritage Commission will designate a Most Likely Descendent of the deceased Native American who will provide recommendations as to the future disposition of the remains
Less than Significant
Energy Conservation
Impact 46-1 The construction operation and maintenance and decommissioning of the Project could result in consumption of energy
Less than Significant
None required
Impact 46-2 Construction operation and maintenance and decommissioning of the Project would require use of transportation energy
Less than Significant
None required
Impact 46-3 The Projectrsquos overall use of efficient transportation alternatives would be limited
Less than Significant
None required
Geology and Soils
Impact 47-1 The Project could expose people or structures to potential adverse effects including the risk of loss injury or death involving strong seismic ground shaking and earthquake-induced ground failure (such as liquefaction and lateral spreading)
Less than Significant
None required
Impact 47-2 The Project could result in soil erosion or loss of topsoil
Less than Significant
None required
Impact 47-3 The Project could be located on expansive soil as defined in Table 18-1-B of the Uniform Building Code (1994) creating risks to life or property
Less than Significant
None required
104
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-14 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Geology and Soils (cont)
Impact 47-4 The Project site could have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater
Less than Significant
None required
Greenhouse Gas Emissions
Impact 48-1 The Project would result in emissions of greenhouse gases that would contribute to global climate change
Less than Significant
None required
Impact 48-2 The Project could conflict with the California Air Resources Boardrsquos Climate Change Scoping Plan
Potentially Significant
Mitigation Measure 48-2 Low SF6 Leak Rate Circuit Breaker and Monitoring The Applicant shall ensure that the circuit breaker installed at the proposed new substation has a guaranteed SF6 annual leak rate of no more than 05 percent by volume The Applicant shall provide Modesto Irrigation District with documentation of compliance such as specification sheets prior to installation of the circuit breaker In addition the Applicant shall monitor the SF6-containing circuit breaker at the substation consistent with Scoping Plan Measure H-6 for the detection and repair of leaks
Less than Significant
Hazards and Hazardous Materials
Impact 49-1 Project construction decommissioning and operationmaintenance could create a hazard to the public or the environment through the routine transport use or disposal of hazardous materials
Less than Significant
None required
Impact 49-2 The Project could result in an accidental spill or leak during construction or decommissioning that could release hazardous materials into the environment
Potentially Significant
Mitigation Measure 49-2 Accidental Spill Prevention and Response Plan The Applicant shall prepare an Accidental Spill Prevention and Response Plan for construction and decommissioning activities for review and approval by Modesto Irrigation District The plan shall identify measures to prevent accidental spills from leaving the site and methods for responding to and cleaning up spills to limit the amount of materials released into the environment Such measures shall include but not be limited to ensuring that absorbent material tarps storage drums and other emergency spill supplies and equipment are kept at the Project site at all times
Less than Significant
Hydrology and Water Quality
Impact 410-1 The Project could potentially degrade water quality such that it could violate water quality standards or waste discharge requirements
Less than Significant
None required
105
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-15 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Hydrology and Water Quality (cont)
Impact 410-2 The Project could alter the existing drainage pattern of the site in a manner that could result in erosion or sedimentation on- or off-site or which could contribute to flooding
Less than Significant
None required
Impact 410-3 The Project could create or contribute runoff water that could exceed the capacity of existing or planned stormwater drainage systems or provide additional sources of polluted runoff
Less than Significant
None required
Impact 410-4 The Project could expose people or structures to a risk of loss injury or death involving flooding including flooding as a result of the failure of a levee or dam
Less than Significant
None required
Land Use and Planning
The Project would have no impacts in this resource area
Mineral Resources
The Project would have no impacts in this resource area
Noise
Impact 413-1 Project-related post driving would result in exposure of persons to groundborne vibration
Less than Significant
None required
Impact 413-2 Operation and maintenance of the Project would increase local ambient noise levels
Less than Significant
None required
Impact 413-3 Project construction and decommissioning activities would temporarily increase local ambient noise levels
Less than Significant
None required
Population and Housing
The Project would have no impacts in this resource area
106
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-16 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Public Services
The Project would have no impacts in this resource area
Recreation
The Project would have no impacts in this resource area
Transportation and Traffic
Impact 417-1 Project construction and decommissioning activities could intermittently and temporarily increase traffic congestion due to vehicle trips generated by construction workers and construction vehicles on area roadways
Potentially Significant
Mitigation Measure 417-1a MID Traffic Control Measures During construction and decommissioning of the sub-transmission and distribution lines and fiber optic cable MID shall implement the following traffic mitigation measures from the 2006 PEIR Update (2006 PEIR Update p 10-6)
1 MID will coordinate design and construction of program facilities with the agencies with jurisdiction including Caltrans counties cities special districts other utilities and the FAA as required
2 MID will obtain any necessary encroachment permits inspections or other approvals from agencies with jurisdiction
2A MID will obtain any necessary approvals and inspections from agencies with jurisdiction
2B MID shall coordinate the design and construction and shall obtain any necessary permits from the County City or State prior to placing any facilities within the public road rights-of-way of those agencies and shall conform to applicable conditions in the encroachment permit
3 MID will utilize all necessary precautions to minimize safety concerns when working within public road rights-of-way Traffic safety cones construction signage or other measures will be used to alert drivers to construction activities
4 Electrical facilities placed within public rights-of-way will comply with applicable standards for avoiding hazards to drivers pedestrians and bicyclists
Less than Significant
Mitigation Measure 417-1b Applicant Construction Traffic Management and Safety Plan Prior to the start of construction (and subsequently decommissioning) of the Project the Applicant shall prepare and implement a Traffic Management and Safety Plan that shall reduce or eliminate impacts associated with the Project The Plan shall adhere to Stanislaus County and Caltrans requirements and shall include at a minimum the following elements
a) Schedule Project-generated construction truck trips on SR 99 SR 108 and SR 219 outside the peak morning and evening commute hours to reduce potential traffic congestion and reduce potential for transit delays during the peak commute periods
107
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-17 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Transportation and Traffic (cont)
Impact 417-1 (cont) b) Comply with transportation permit requirements of Caltrans and CHP when scheduling Project-generated construction truck trips carrying oversized loads In addition provide pre-notification to local police fire and emergency service providers of the timing location and duration of construction activities that could affect the movement of emergency vehicles on area roadways
c) Place signs (eg ldquoSlow Trucksrdquo andor ldquoTrucks Turning Aheadrdquo) along appropriate roads to notify drivers of construction traffic throughout the duration of the construction period
Impact 417-2 The Project could conflict with established congestion management programs on affected roads or highways
Less than Significant
None required
Impact 417-3 Project construction and decommissioning activities could substantially increase traffic hazards due to construction in or adjacent to roads
Potentially Significant
Mitigation Measure 417-3 Implement Mitigation Measures 417-1a and 417-1b Less than Significant
Impact 417-4 The Project could result in inadequate emergency access
Potentially Significant
Mitigation Measure 417-4 Develop an Emergency Access Plan for the Site The Applicant shall develop and implement an Emergency Access Plan which shall include evacuation routes and strategies to ensure accessibility and mobility for project area and emergency vehicles Additional measures include developing an emergency action plan that identifies roles and responsibilities during emergencies and to update the plan regularly
Less than Significant
Utilities and Service Systems
Impact 418-1 The proposed Project would require or result in the construction of new stormwater drainage facilities the construction of which could cause significant environmental effects
Less than Significant
None required
108
109
110
REFERRED TO
YE
S
NO
WILL NOT
HAVE
SIGNIFICANT
IMPACT
MAY HAVE
SIGNIFICANT
IMPACT
NO COMMENT
NON CEQA YE
S
NO
YE
S
NO
AGRICULTURE COMMISSIONER X
AIRPORT LAND USE COMMISSION X
ALLIANCE X
BUILDING PERMITS DIVISION X X X
CALTRANS DISTRICT 10 X
CHIEF EXECUTIVE OFFICE X
CITY OF RIVERBANK X
COOPERATIVE EXTENSION X
CORPS OF ENGINEERS X
COUNTY COUNSEL X
ENVIRONMENTAL RESOURCES X X X
FIRE PROTECTION DIST STANISLAUS
CONSOLIDATED X X X
FISH amp GAME DEPT OF X
HAZARDOUS MATERIALS X
IRRIGATION DISTRICT MODESTO X X X
LAFCO X
MODESTO REGIONAL FIRE AUTHORITY FPB X
MOSQUITO DISTRICT EASTSIDE X
MT VALLEY EMERGENCY MEDICAL X
PACIFIC GAS amp ELECTRIC X
PUBLIC WORKS X X X
REGIONAL WATER QUALITY CONTROL X
SAN JOAQUIN VALLEY APCD X
SCHOOL DISTRICT 1 MODESTO X X X
SCHOOL DISTRICT 2 STANISLAUS X
SHERIFF X
StanCOG X
STANISLAUS COUNTY FARM BUREAU X
STANISLAUS ERC X
STATE CLEARINGHOUSE X
STATE LANDS COMMISSION X
SUPERVISORIAL DISTRICT 4 MONTEITH X
SURROUNDING LAND OWNERS
TELEPHONE COMPANY ATampT X
UNITED STATES MILITARY AGENCIES (SB 1462) (5 agencies) X
US FISH amp WILDLIFE X
X
X
SUMMARY OF RESPONSES FOR USE PERMIT REVIEW REFERRALS
RESPONDED RESPONSEMITIGATION
MEASURESCONDITIONS
PROJECT USE PERMIT APPLICATION NO 2011-10 - McHENRY SOLAR FARM
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
RESPONSIBLE
AGENCY REFERRAL
PUBLIC HEARING
NOTICE
X
X
X
X
X
X
X
X
X
111
~IDn BOARD RESOLUTION bJlTI District Waterlnd Power
The Final EIR presented the analysis for rejecting the alternative sites The Board independently evaluated this analysis and concurs in the analysis and conclusions presented The answering of the key question (See CEQA Guidelines Section 151266f)(2)A)) the Board finds that the Project does not cause any significant
environmental effect that is not reduced to less than significant with mitigation measures Never the lessl the EIR opted to address alternative sites
Various public comments offered generalized comments on alternatives sites No substantial evidence was presented regarding the feasibility of such sites or the reasonable ability of the Applicant to acquire the sitesl
and substantial evidence was not presented that these alternative sites would lessen all ofthe Projects significant effects to less than significant
DOCS_N271545_V4_Board_Ai n_ReporCFor _The_Mchenry _SolacFarm_Project_7 _26_11 Rev Dec 2010 97
COPIES OF THE DRAFT AND FINAL ENVIRONMENTALIMPACT REPORT AND ARE AVAILABLE FOR REVIEW ATTHE COUNTY PLANNING DEPARTMENT OFFICE OR VIATHE INTERNET AThttpwwwstancountycomplanningplagenda-min-2011shtm HARD COPIES OF ALL EIR DOCUMENTS REFERENCED INTHIS REPORT HAVE BEEN PROVIDED TO EACH MEMBEROF THE PLANNING COMMISSION
98
Executive Summary
McHenry Solar Project ES-8 May 2011 Draft Environmental Impact Report
TABLE ES-1 SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Aesthetics Visual Quality and Light and Glare
Impact 41-1 The Project could degrade the existing visual character or quality of the site and its surroundings
Less than Significant
None required
Impact 41-2 The Project would create a new source of light or glare which could adversely affect daytime or nighttime views in the area
Potentially Significant
Mitigation Measure 41-2 Nighttime Construction Lighting Nighttime construction lighting if required shall be shielded and oriented downward to minimize effects on any nearby receptors Lighting shall be directed toward active construction areas only and shall have the minimum brightness necessary to ensure worker safety
Less than Significant
Agriculture and Forest Resources
Impact 42-1 The Project would temporarily discontinue the current exclusive agricultural use (row crops) of Prime Farmland to a mix of agricultural use (grazing) and non-agricultural use
Less than Significant
None required
Air Quality
Impact 43-1 Construction and decommissioning activities would generate emissions of criteria pollutants including suspended and inhalable particulate matter and equipment exhaust emissions
Potentially Significant
Mitigation Measure 43-1 Implement Dust Control Measures The Applicant shall submit a Dust Control Plan to the APCO for approval prior to start of construction (and subsequently decommissioning) activities The Plan shall cover both Applicant and MID activities and shall require implementation of the following dust control measures
All disturbed areas including storage piles that are not being actively used for construction purposes shall be effectively stabilized of dust emissions using water chemical stabilizersuppressant covered with a tarp or other suitable cover or vegetative ground cover
All on-site unpaved roads and off-site unpaved access roads shall be effectively stabilized of dust emissions using water or chemical stabilizersuppressant
All land clearing grubbing scraping excavation land leveling grading cut and fill and demolition activities shall be effectively controlled of fugitive dust emissions using application of water or by presoaking
When materials are transported off-site all material shall be covered or effectively wetted to limit visible dust emissions and at least six inches of freeboard space from the top of the container shall be maintained
Limit or expeditiously remove trackout (ie accumulation of mud or dirt from Project-related vehicle tires) from adjacent public streets near the Project access points Trackout shall be immediately removed from public streets when it extends 50 or more feet from the Project access points otherwise trackout shall be removed at the end of each workday (The use of dry rotary brushes is expressly prohibited except where preceded or accompanied by sufficient wetting to limit the visible dust emissions)(Use of blower devices is expressly forbidden)
Less than Significant
99
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-9 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Air Quality (cont)
Impact 43-1 (cont) Following the addition of materials to or removal of materials from the surface of outdoor storage piles said piles shall be effectively stabilized of fugitive dust emissions using sufficient water or chemical stabilizersuppressant
Limit traffic speed on unpaved on-site roads to 15 mph
Install sandbags or other erosion control measures to prevent silt runoff to public roadways from sites with a slope greater than one percent
Install windbreaks at windward side(s) of construction areas
Suspend excavation and grading activity when winds exceed 20 mph
Impact 43-2 Operation of the Project would generate exhaust emissions of criteria pollutants from routine operations
Less than Significant
None required
Impact 43-3 The Project could result in permanently disturbed land that would serve as a source of fugitive dust emissions
Less than Significant
None required
Impact 43-4 Construction and decommissioning emissions associated with the Project could result in emissions of ozone precursors and particulate matter that would be cumulatively considerable
Potentially Significant
Mitigation Measure 43-4 Implement Mitigation Measure 43-1 Less than Significant
Impact 43-5 Operation and maintenance of the Project could generate emissions of criteria pollutants that would be cumulatively considerable
Less than Significant
None required
Impact 43-6 The Project would generate emissions of criteria pollutants potentially exposing sensitive receptors to harmful pollutant concentrations
Potentially Significant
Mitigation Measure 43-6 Implement Mitigation Measure 43-1 Less than Significant
Impact 43-7 The Project would generate emissions of Toxic Air Contaminants potentially exposing sensitive receptors to harmful pollutant concentrations
Less than Significant
None required
100
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-10 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Biological Resources
Impact 44-1 Applicant Project activities could result in potential disturbance or loss of Swainsonrsquos hawk and their habitat
Potentially Significant
Mitigation Measure 44-1a Preconstruction Surveys for Swainsonrsquos Hawk If Project-related construction or decommissioning activities are planned to occur during the nesting period (March 1 to September 15) the Applicant shall engage a qualified biologist to conduct preconstruction surveys for Swainsonrsquos hawk and their nests no more than 14 days before the start of construction or decommissioning activities within 025 mile of the Project site where access is available Survey results shall be submitted to CDFG at least three days prior to the start of construction or decommissioning activities If active nests are not identified no further action is required and constructiondecommissioning may proceed If active nests are identified the Applicant shall consult with CDFG to develop and implement suitable avoidance measures consistent with the Staff Report Regarding Mitigation for Impacts to Swainsonrsquos Hawks in the Central Valley of California (CDFG 1994) To avoid impacting breeding efforts no construction or decommissioning activities shall occur between March 1 and September 15 within 500 feet of an active nest that could cause nest abandonment or forced fledging These buffers may be reduced in consultation with CDFG
Depending on conditions specific to each active nest and the relative location and rate of construction or decommissioning activities it may be feasible for such activities to occur as planned within the buffer without impacting the breeding effort In this case (to be determined in consultation with CDFG) the nest(s) shall be monitored by a qualified biologist during construction or decommissioning within the buffer The monitor shall have ldquostop workrdquo authority If in the professional opinion of the monitor Project activities are negatively affecting the nesting behavior of the bird the monitor shall stop all such activities within the designated buffer Construction or decommissioning activities shall not resume until either the monitor has determined that the young have fledged the nest or as otherwise approved by CDFG
With CDFG concurrence construction activities that are initiated outside the nesting season may continue even if raptors choose to nest within 500 feet of work activities Thus work may continue without delay if surveys verify the local absence of nesting raptors or if construction begins outside the nesting period (September 16 to February 28)
Less than Significant
Mitigation Measure 44-1b Reduce Construction Noise Levels If it appears that noise or vibration from vibratory post driving associated with Project construction (or other similar noise-generating construction or decommissioning activity) could affect nesting Swainsonrsquos hawks that arrive after the start of construction specific measures including but not limited to use of noise dissipaters shall be implemented to reduce noise levels During post driving a noise level of no greater than 85 decibels (measured at the nest) shall be used as general guidance for nests that are established after construction
Impact 44-2 MID activities could result in potential disturbance or loss of Swainsonrsquos hawk and their habitat
Potentially Significant
Mitigation Measure 44-2 Avian-safe Transmission Line (MID) Transmission poles should be designed using criteria identified in Avian Power Line Interaction Committee (APLIC 2006)
Less than Significant
101
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-11 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Biological Resources (cont)
Impact 44-3 Project activities could impact other tree-nesting raptors andor protected nesting migratory birds
Potentially Significant
Mitigation Measure 44-3 Preconstruction Raptor Surveys (Applicant) If Project-related construction andor decommissioning activities are to occur during the breeding period for nesting raptors andor protected nesting migratory birds (February 1 through August 31) the Applicant shall engage a qualified biologist to conduct preconstruction surveys of all potential habitat within 500 feet of the Project site no more than 14 days prior to the start of construction or decommissioning activities If active nests are not identified no further action is necessary If active nests are identified during preconstruction surveys a no-disturbance buffer shall be created around active raptor nests and nests of other special-status birds during the breeding season or until it is determined by the qualified biologist that all young have fledged Typical buffers are 500 feet for raptors and 250 feet for other nesting birds (eg waterfowl and passerine birds) The size of these buffer zones and types of construction or decommissioning activities allowed in these areas could be further modified in coordination with CDFG and shall be based on existing noise and disturbance levels in the Project area
Less than Significant
Impact 44-4 Project activities could result in potential disturbance or loss of burrowing owls and their habitat
Potentially Significant
Mitigation Measure 44-4a Preconstruction Burrowing Owl Surveys (Applicant) The Applicant shall engage a qualified biologist to conduct preconstruction surveys for burrowing owls 14 to 30 days prior to the start of construction or decommissioning using the most current CDFG protocol Surveys shall cover grassland areas within a 500-foot buffer from all Project constructiondecommissioning activities that are within suitable grasslands habitat including checking for adult and juvenile burrowing owls and owl nests If owls are detected during surveys occupied burrows shall not be disturbed
Constructiondecommissioning exclusion areas (eg orange exclusion fence or signage) shall be established around the occupied burrows where no disturbance shall be allowed During the nonbreeding season (September 1 through January 31) the exclusion zone shall extend 160 feet around occupied burrows During the breeding season (February 1 through August 31) exclusion areas shall extend 250 feet around occupied burrows
If the above requirements cannot be met passive relocation of on-site owls may be implemented as an alternative but only during the nonbreeding season and only with prior CDFG approval Passive relocation shall be accomplished by installing one-way doors on the entrances of burrows located within 160 feet of the Project area The one-way doors shall be left in place for 48 hours to ensure the owls have left the burrow The burrows shall then be excavated with a qualified biologist present Constructiondecommissioning shall not proceed until the Project area is deemed free of owls by the qualified biologist
Less than Significant
Mitigation Measure 44-4b Preconstruction Burrowing Owl Surveys (MID) Prior to construction MID shall conduct pre-construction surveys for burrowing owl for the sub-transmissiondistribution line and fiber optic cable alignment These surveys shall be conducted using the most up-to-date CDFG published protocols (eg CDFGs 1995 Staff Report on Burrowing Owl Mitigation) If owls are detected during surveys occupied burrows shall not be disturbed
102
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-12 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Cultural and Paleontological Resources
Impact 45-1 The proposed Project could potentially cause an adverse change in the significance of a unique archaeological resource pursuant to sect150645
Potentially Significant
Mitigation Measure 45-1 If Cultural Resources are Discovered During Ground-Disturbing Activities Suspend Work until Resource is Evaluated Prior to the initiation of site preparation or start of construction (and subsequently decommissioning) the Applicant shall retain a qualified professional archaeologist to complete an archaeological resources training program for construction workers involved in grading and excavation activities Training shall include awareness and recognition of archaeological materials and the procedures to follow if construction crews encounter such materials in the course of earthwork excavation or grading If archaeological resources are encountered all activity within 50 feet of the find shall cease until it can be evaluated by a qualified archaeologist Prehistoric archaeological materials could include obsidian and chert flaked-stone tools (eg projectile points knives scrapers) or toolmaking debris culturally darkened soil (ldquomiddenrdquo) containing heat-affected rocks artifacts or shellfish remains and stone milling equipment (eg mortars pestles handstones or milling slabs) and battered stone tools such as hammerstones and pitted stones Historic-period materials could include stone concrete or adobe footings and walls filled wells or privies and deposits of metal glass andor ceramic refuse The archaeologist shall notify the Applicant and MID if the resource may be significant An appropriate treatment plan for the resources shall then be developed by the Applicant for approval by MID The archaeologist shall consult with Native American representatives in determining appropriate treatment for prehistoric or Native American cultural resources if discovered
In considering any suggested mitigation proposed by the archaeologist the Applicant and MID shall determine whether avoidance is feasible in light of factors such as the nature of the find project design costs and other considerations If avoidance is not feasible other appropriate measures (eg data recovery) shall be instituted Work may proceed in other parts of the Project site while mitigation for cultural resources in other areas of the site is being carried out
Less than Significant
Impact 45-2 The proposed Project could potentially destroy a unique paleontological resource or site or unique geologic feature
Potentially Significant
Mitigation Measure 45-2 If Paleontological Resources are Discovered During Ground-Disturbing Activities Suspend Work until Resource is Evaluated Prior to the initiation of site preparation or start of construction (and subsequently decommissioning) the Applicant shall retain a qualified professional paleontologist or a California Registered Professional Geologist (California RPG) with appropriate paleontological expertise as defined by the Society of Vertebrate Paleontologyrsquos Conformable Impact Mitigation Guidelines Committee (SVP 1995 Guidelines) to carry out a paleontological resources training program for construction workers involved in grading and excavation activities Training shall include awareness and recognition of potential fossil materials and the procedures to follow if construction crews encounter fossil materials in the course of earthwork excavation or grading If construction crews discover potential fossils all earthwork or other types of ground disturbance within 50 feet of the find shall stop immediately until the qualified professional paleontologist can assess the nature and importance of the find Based on the scientific value or uniqueness of the find the monitor may record the find and allow work to continue or recommend salvage and recovery of the fossil The Applicant shall require the paleontologist to be ldquoon-callrdquo throughout the duration of ground-disturbing activities
Less than Significant
103
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-13 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Cultural and Paleontological Resources (cont)
Impact 45-3 The proposed Project could potentially disturb any human remains including those interred outside of formal cemeteries
Potentially Significant
Mitigation Measure 45-3 Halt Work if Human Skeletal Remains are Identified During Construction If human skeletal remains are uncovered during Project construction (and subsequently decommissioning) work shall immediately halt within 100 feet of the find The Applicant shall contact the Stanislaus County Coroner to evaluate the remains and shall follow the procedures and protocols set forth in sect150645(e)(1) of the CEQA Guidelines If the County Coroner determines that the remains are Native American the Applicant shall contact the Native American Heritage Commission in accordance with Health and Safety Code Section 70505 subdivision (c) and Public Resources Code 509798 (as amended by AB 2641) The Native American Heritage Commission will designate a Most Likely Descendent of the deceased Native American who will provide recommendations as to the future disposition of the remains
Less than Significant
Energy Conservation
Impact 46-1 The construction operation and maintenance and decommissioning of the Project could result in consumption of energy
Less than Significant
None required
Impact 46-2 Construction operation and maintenance and decommissioning of the Project would require use of transportation energy
Less than Significant
None required
Impact 46-3 The Projectrsquos overall use of efficient transportation alternatives would be limited
Less than Significant
None required
Geology and Soils
Impact 47-1 The Project could expose people or structures to potential adverse effects including the risk of loss injury or death involving strong seismic ground shaking and earthquake-induced ground failure (such as liquefaction and lateral spreading)
Less than Significant
None required
Impact 47-2 The Project could result in soil erosion or loss of topsoil
Less than Significant
None required
Impact 47-3 The Project could be located on expansive soil as defined in Table 18-1-B of the Uniform Building Code (1994) creating risks to life or property
Less than Significant
None required
104
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-14 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Geology and Soils (cont)
Impact 47-4 The Project site could have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater
Less than Significant
None required
Greenhouse Gas Emissions
Impact 48-1 The Project would result in emissions of greenhouse gases that would contribute to global climate change
Less than Significant
None required
Impact 48-2 The Project could conflict with the California Air Resources Boardrsquos Climate Change Scoping Plan
Potentially Significant
Mitigation Measure 48-2 Low SF6 Leak Rate Circuit Breaker and Monitoring The Applicant shall ensure that the circuit breaker installed at the proposed new substation has a guaranteed SF6 annual leak rate of no more than 05 percent by volume The Applicant shall provide Modesto Irrigation District with documentation of compliance such as specification sheets prior to installation of the circuit breaker In addition the Applicant shall monitor the SF6-containing circuit breaker at the substation consistent with Scoping Plan Measure H-6 for the detection and repair of leaks
Less than Significant
Hazards and Hazardous Materials
Impact 49-1 Project construction decommissioning and operationmaintenance could create a hazard to the public or the environment through the routine transport use or disposal of hazardous materials
Less than Significant
None required
Impact 49-2 The Project could result in an accidental spill or leak during construction or decommissioning that could release hazardous materials into the environment
Potentially Significant
Mitigation Measure 49-2 Accidental Spill Prevention and Response Plan The Applicant shall prepare an Accidental Spill Prevention and Response Plan for construction and decommissioning activities for review and approval by Modesto Irrigation District The plan shall identify measures to prevent accidental spills from leaving the site and methods for responding to and cleaning up spills to limit the amount of materials released into the environment Such measures shall include but not be limited to ensuring that absorbent material tarps storage drums and other emergency spill supplies and equipment are kept at the Project site at all times
Less than Significant
Hydrology and Water Quality
Impact 410-1 The Project could potentially degrade water quality such that it could violate water quality standards or waste discharge requirements
Less than Significant
None required
105
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-15 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Hydrology and Water Quality (cont)
Impact 410-2 The Project could alter the existing drainage pattern of the site in a manner that could result in erosion or sedimentation on- or off-site or which could contribute to flooding
Less than Significant
None required
Impact 410-3 The Project could create or contribute runoff water that could exceed the capacity of existing or planned stormwater drainage systems or provide additional sources of polluted runoff
Less than Significant
None required
Impact 410-4 The Project could expose people or structures to a risk of loss injury or death involving flooding including flooding as a result of the failure of a levee or dam
Less than Significant
None required
Land Use and Planning
The Project would have no impacts in this resource area
Mineral Resources
The Project would have no impacts in this resource area
Noise
Impact 413-1 Project-related post driving would result in exposure of persons to groundborne vibration
Less than Significant
None required
Impact 413-2 Operation and maintenance of the Project would increase local ambient noise levels
Less than Significant
None required
Impact 413-3 Project construction and decommissioning activities would temporarily increase local ambient noise levels
Less than Significant
None required
Population and Housing
The Project would have no impacts in this resource area
106
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-16 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Public Services
The Project would have no impacts in this resource area
Recreation
The Project would have no impacts in this resource area
Transportation and Traffic
Impact 417-1 Project construction and decommissioning activities could intermittently and temporarily increase traffic congestion due to vehicle trips generated by construction workers and construction vehicles on area roadways
Potentially Significant
Mitigation Measure 417-1a MID Traffic Control Measures During construction and decommissioning of the sub-transmission and distribution lines and fiber optic cable MID shall implement the following traffic mitigation measures from the 2006 PEIR Update (2006 PEIR Update p 10-6)
1 MID will coordinate design and construction of program facilities with the agencies with jurisdiction including Caltrans counties cities special districts other utilities and the FAA as required
2 MID will obtain any necessary encroachment permits inspections or other approvals from agencies with jurisdiction
2A MID will obtain any necessary approvals and inspections from agencies with jurisdiction
2B MID shall coordinate the design and construction and shall obtain any necessary permits from the County City or State prior to placing any facilities within the public road rights-of-way of those agencies and shall conform to applicable conditions in the encroachment permit
3 MID will utilize all necessary precautions to minimize safety concerns when working within public road rights-of-way Traffic safety cones construction signage or other measures will be used to alert drivers to construction activities
4 Electrical facilities placed within public rights-of-way will comply with applicable standards for avoiding hazards to drivers pedestrians and bicyclists
Less than Significant
Mitigation Measure 417-1b Applicant Construction Traffic Management and Safety Plan Prior to the start of construction (and subsequently decommissioning) of the Project the Applicant shall prepare and implement a Traffic Management and Safety Plan that shall reduce or eliminate impacts associated with the Project The Plan shall adhere to Stanislaus County and Caltrans requirements and shall include at a minimum the following elements
a) Schedule Project-generated construction truck trips on SR 99 SR 108 and SR 219 outside the peak morning and evening commute hours to reduce potential traffic congestion and reduce potential for transit delays during the peak commute periods
107
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-17 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Transportation and Traffic (cont)
Impact 417-1 (cont) b) Comply with transportation permit requirements of Caltrans and CHP when scheduling Project-generated construction truck trips carrying oversized loads In addition provide pre-notification to local police fire and emergency service providers of the timing location and duration of construction activities that could affect the movement of emergency vehicles on area roadways
c) Place signs (eg ldquoSlow Trucksrdquo andor ldquoTrucks Turning Aheadrdquo) along appropriate roads to notify drivers of construction traffic throughout the duration of the construction period
Impact 417-2 The Project could conflict with established congestion management programs on affected roads or highways
Less than Significant
None required
Impact 417-3 Project construction and decommissioning activities could substantially increase traffic hazards due to construction in or adjacent to roads
Potentially Significant
Mitigation Measure 417-3 Implement Mitigation Measures 417-1a and 417-1b Less than Significant
Impact 417-4 The Project could result in inadequate emergency access
Potentially Significant
Mitigation Measure 417-4 Develop an Emergency Access Plan for the Site The Applicant shall develop and implement an Emergency Access Plan which shall include evacuation routes and strategies to ensure accessibility and mobility for project area and emergency vehicles Additional measures include developing an emergency action plan that identifies roles and responsibilities during emergencies and to update the plan regularly
Less than Significant
Utilities and Service Systems
Impact 418-1 The proposed Project would require or result in the construction of new stormwater drainage facilities the construction of which could cause significant environmental effects
Less than Significant
None required
108
109
110
REFERRED TO
YE
S
NO
WILL NOT
HAVE
SIGNIFICANT
IMPACT
MAY HAVE
SIGNIFICANT
IMPACT
NO COMMENT
NON CEQA YE
S
NO
YE
S
NO
AGRICULTURE COMMISSIONER X
AIRPORT LAND USE COMMISSION X
ALLIANCE X
BUILDING PERMITS DIVISION X X X
CALTRANS DISTRICT 10 X
CHIEF EXECUTIVE OFFICE X
CITY OF RIVERBANK X
COOPERATIVE EXTENSION X
CORPS OF ENGINEERS X
COUNTY COUNSEL X
ENVIRONMENTAL RESOURCES X X X
FIRE PROTECTION DIST STANISLAUS
CONSOLIDATED X X X
FISH amp GAME DEPT OF X
HAZARDOUS MATERIALS X
IRRIGATION DISTRICT MODESTO X X X
LAFCO X
MODESTO REGIONAL FIRE AUTHORITY FPB X
MOSQUITO DISTRICT EASTSIDE X
MT VALLEY EMERGENCY MEDICAL X
PACIFIC GAS amp ELECTRIC X
PUBLIC WORKS X X X
REGIONAL WATER QUALITY CONTROL X
SAN JOAQUIN VALLEY APCD X
SCHOOL DISTRICT 1 MODESTO X X X
SCHOOL DISTRICT 2 STANISLAUS X
SHERIFF X
StanCOG X
STANISLAUS COUNTY FARM BUREAU X
STANISLAUS ERC X
STATE CLEARINGHOUSE X
STATE LANDS COMMISSION X
SUPERVISORIAL DISTRICT 4 MONTEITH X
SURROUNDING LAND OWNERS
TELEPHONE COMPANY ATampT X
UNITED STATES MILITARY AGENCIES (SB 1462) (5 agencies) X
US FISH amp WILDLIFE X
X
X
SUMMARY OF RESPONSES FOR USE PERMIT REVIEW REFERRALS
RESPONDED RESPONSEMITIGATION
MEASURESCONDITIONS
PROJECT USE PERMIT APPLICATION NO 2011-10 - McHENRY SOLAR FARM
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
RESPONSIBLE
AGENCY REFERRAL
PUBLIC HEARING
NOTICE
X
X
X
X
X
X
X
X
X
111
COPIES OF THE DRAFT AND FINAL ENVIRONMENTALIMPACT REPORT AND ARE AVAILABLE FOR REVIEW ATTHE COUNTY PLANNING DEPARTMENT OFFICE OR VIATHE INTERNET AThttpwwwstancountycomplanningplagenda-min-2011shtm HARD COPIES OF ALL EIR DOCUMENTS REFERENCED INTHIS REPORT HAVE BEEN PROVIDED TO EACH MEMBEROF THE PLANNING COMMISSION
98
Executive Summary
McHenry Solar Project ES-8 May 2011 Draft Environmental Impact Report
TABLE ES-1 SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Aesthetics Visual Quality and Light and Glare
Impact 41-1 The Project could degrade the existing visual character or quality of the site and its surroundings
Less than Significant
None required
Impact 41-2 The Project would create a new source of light or glare which could adversely affect daytime or nighttime views in the area
Potentially Significant
Mitigation Measure 41-2 Nighttime Construction Lighting Nighttime construction lighting if required shall be shielded and oriented downward to minimize effects on any nearby receptors Lighting shall be directed toward active construction areas only and shall have the minimum brightness necessary to ensure worker safety
Less than Significant
Agriculture and Forest Resources
Impact 42-1 The Project would temporarily discontinue the current exclusive agricultural use (row crops) of Prime Farmland to a mix of agricultural use (grazing) and non-agricultural use
Less than Significant
None required
Air Quality
Impact 43-1 Construction and decommissioning activities would generate emissions of criteria pollutants including suspended and inhalable particulate matter and equipment exhaust emissions
Potentially Significant
Mitigation Measure 43-1 Implement Dust Control Measures The Applicant shall submit a Dust Control Plan to the APCO for approval prior to start of construction (and subsequently decommissioning) activities The Plan shall cover both Applicant and MID activities and shall require implementation of the following dust control measures
All disturbed areas including storage piles that are not being actively used for construction purposes shall be effectively stabilized of dust emissions using water chemical stabilizersuppressant covered with a tarp or other suitable cover or vegetative ground cover
All on-site unpaved roads and off-site unpaved access roads shall be effectively stabilized of dust emissions using water or chemical stabilizersuppressant
All land clearing grubbing scraping excavation land leveling grading cut and fill and demolition activities shall be effectively controlled of fugitive dust emissions using application of water or by presoaking
When materials are transported off-site all material shall be covered or effectively wetted to limit visible dust emissions and at least six inches of freeboard space from the top of the container shall be maintained
Limit or expeditiously remove trackout (ie accumulation of mud or dirt from Project-related vehicle tires) from adjacent public streets near the Project access points Trackout shall be immediately removed from public streets when it extends 50 or more feet from the Project access points otherwise trackout shall be removed at the end of each workday (The use of dry rotary brushes is expressly prohibited except where preceded or accompanied by sufficient wetting to limit the visible dust emissions)(Use of blower devices is expressly forbidden)
Less than Significant
99
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-9 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Air Quality (cont)
Impact 43-1 (cont) Following the addition of materials to or removal of materials from the surface of outdoor storage piles said piles shall be effectively stabilized of fugitive dust emissions using sufficient water or chemical stabilizersuppressant
Limit traffic speed on unpaved on-site roads to 15 mph
Install sandbags or other erosion control measures to prevent silt runoff to public roadways from sites with a slope greater than one percent
Install windbreaks at windward side(s) of construction areas
Suspend excavation and grading activity when winds exceed 20 mph
Impact 43-2 Operation of the Project would generate exhaust emissions of criteria pollutants from routine operations
Less than Significant
None required
Impact 43-3 The Project could result in permanently disturbed land that would serve as a source of fugitive dust emissions
Less than Significant
None required
Impact 43-4 Construction and decommissioning emissions associated with the Project could result in emissions of ozone precursors and particulate matter that would be cumulatively considerable
Potentially Significant
Mitigation Measure 43-4 Implement Mitigation Measure 43-1 Less than Significant
Impact 43-5 Operation and maintenance of the Project could generate emissions of criteria pollutants that would be cumulatively considerable
Less than Significant
None required
Impact 43-6 The Project would generate emissions of criteria pollutants potentially exposing sensitive receptors to harmful pollutant concentrations
Potentially Significant
Mitigation Measure 43-6 Implement Mitigation Measure 43-1 Less than Significant
Impact 43-7 The Project would generate emissions of Toxic Air Contaminants potentially exposing sensitive receptors to harmful pollutant concentrations
Less than Significant
None required
100
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-10 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Biological Resources
Impact 44-1 Applicant Project activities could result in potential disturbance or loss of Swainsonrsquos hawk and their habitat
Potentially Significant
Mitigation Measure 44-1a Preconstruction Surveys for Swainsonrsquos Hawk If Project-related construction or decommissioning activities are planned to occur during the nesting period (March 1 to September 15) the Applicant shall engage a qualified biologist to conduct preconstruction surveys for Swainsonrsquos hawk and their nests no more than 14 days before the start of construction or decommissioning activities within 025 mile of the Project site where access is available Survey results shall be submitted to CDFG at least three days prior to the start of construction or decommissioning activities If active nests are not identified no further action is required and constructiondecommissioning may proceed If active nests are identified the Applicant shall consult with CDFG to develop and implement suitable avoidance measures consistent with the Staff Report Regarding Mitigation for Impacts to Swainsonrsquos Hawks in the Central Valley of California (CDFG 1994) To avoid impacting breeding efforts no construction or decommissioning activities shall occur between March 1 and September 15 within 500 feet of an active nest that could cause nest abandonment or forced fledging These buffers may be reduced in consultation with CDFG
Depending on conditions specific to each active nest and the relative location and rate of construction or decommissioning activities it may be feasible for such activities to occur as planned within the buffer without impacting the breeding effort In this case (to be determined in consultation with CDFG) the nest(s) shall be monitored by a qualified biologist during construction or decommissioning within the buffer The monitor shall have ldquostop workrdquo authority If in the professional opinion of the monitor Project activities are negatively affecting the nesting behavior of the bird the monitor shall stop all such activities within the designated buffer Construction or decommissioning activities shall not resume until either the monitor has determined that the young have fledged the nest or as otherwise approved by CDFG
With CDFG concurrence construction activities that are initiated outside the nesting season may continue even if raptors choose to nest within 500 feet of work activities Thus work may continue without delay if surveys verify the local absence of nesting raptors or if construction begins outside the nesting period (September 16 to February 28)
Less than Significant
Mitigation Measure 44-1b Reduce Construction Noise Levels If it appears that noise or vibration from vibratory post driving associated with Project construction (or other similar noise-generating construction or decommissioning activity) could affect nesting Swainsonrsquos hawks that arrive after the start of construction specific measures including but not limited to use of noise dissipaters shall be implemented to reduce noise levels During post driving a noise level of no greater than 85 decibels (measured at the nest) shall be used as general guidance for nests that are established after construction
Impact 44-2 MID activities could result in potential disturbance or loss of Swainsonrsquos hawk and their habitat
Potentially Significant
Mitigation Measure 44-2 Avian-safe Transmission Line (MID) Transmission poles should be designed using criteria identified in Avian Power Line Interaction Committee (APLIC 2006)
Less than Significant
101
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-11 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Biological Resources (cont)
Impact 44-3 Project activities could impact other tree-nesting raptors andor protected nesting migratory birds
Potentially Significant
Mitigation Measure 44-3 Preconstruction Raptor Surveys (Applicant) If Project-related construction andor decommissioning activities are to occur during the breeding period for nesting raptors andor protected nesting migratory birds (February 1 through August 31) the Applicant shall engage a qualified biologist to conduct preconstruction surveys of all potential habitat within 500 feet of the Project site no more than 14 days prior to the start of construction or decommissioning activities If active nests are not identified no further action is necessary If active nests are identified during preconstruction surveys a no-disturbance buffer shall be created around active raptor nests and nests of other special-status birds during the breeding season or until it is determined by the qualified biologist that all young have fledged Typical buffers are 500 feet for raptors and 250 feet for other nesting birds (eg waterfowl and passerine birds) The size of these buffer zones and types of construction or decommissioning activities allowed in these areas could be further modified in coordination with CDFG and shall be based on existing noise and disturbance levels in the Project area
Less than Significant
Impact 44-4 Project activities could result in potential disturbance or loss of burrowing owls and their habitat
Potentially Significant
Mitigation Measure 44-4a Preconstruction Burrowing Owl Surveys (Applicant) The Applicant shall engage a qualified biologist to conduct preconstruction surveys for burrowing owls 14 to 30 days prior to the start of construction or decommissioning using the most current CDFG protocol Surveys shall cover grassland areas within a 500-foot buffer from all Project constructiondecommissioning activities that are within suitable grasslands habitat including checking for adult and juvenile burrowing owls and owl nests If owls are detected during surveys occupied burrows shall not be disturbed
Constructiondecommissioning exclusion areas (eg orange exclusion fence or signage) shall be established around the occupied burrows where no disturbance shall be allowed During the nonbreeding season (September 1 through January 31) the exclusion zone shall extend 160 feet around occupied burrows During the breeding season (February 1 through August 31) exclusion areas shall extend 250 feet around occupied burrows
If the above requirements cannot be met passive relocation of on-site owls may be implemented as an alternative but only during the nonbreeding season and only with prior CDFG approval Passive relocation shall be accomplished by installing one-way doors on the entrances of burrows located within 160 feet of the Project area The one-way doors shall be left in place for 48 hours to ensure the owls have left the burrow The burrows shall then be excavated with a qualified biologist present Constructiondecommissioning shall not proceed until the Project area is deemed free of owls by the qualified biologist
Less than Significant
Mitigation Measure 44-4b Preconstruction Burrowing Owl Surveys (MID) Prior to construction MID shall conduct pre-construction surveys for burrowing owl for the sub-transmissiondistribution line and fiber optic cable alignment These surveys shall be conducted using the most up-to-date CDFG published protocols (eg CDFGs 1995 Staff Report on Burrowing Owl Mitigation) If owls are detected during surveys occupied burrows shall not be disturbed
102
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-12 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Cultural and Paleontological Resources
Impact 45-1 The proposed Project could potentially cause an adverse change in the significance of a unique archaeological resource pursuant to sect150645
Potentially Significant
Mitigation Measure 45-1 If Cultural Resources are Discovered During Ground-Disturbing Activities Suspend Work until Resource is Evaluated Prior to the initiation of site preparation or start of construction (and subsequently decommissioning) the Applicant shall retain a qualified professional archaeologist to complete an archaeological resources training program for construction workers involved in grading and excavation activities Training shall include awareness and recognition of archaeological materials and the procedures to follow if construction crews encounter such materials in the course of earthwork excavation or grading If archaeological resources are encountered all activity within 50 feet of the find shall cease until it can be evaluated by a qualified archaeologist Prehistoric archaeological materials could include obsidian and chert flaked-stone tools (eg projectile points knives scrapers) or toolmaking debris culturally darkened soil (ldquomiddenrdquo) containing heat-affected rocks artifacts or shellfish remains and stone milling equipment (eg mortars pestles handstones or milling slabs) and battered stone tools such as hammerstones and pitted stones Historic-period materials could include stone concrete or adobe footings and walls filled wells or privies and deposits of metal glass andor ceramic refuse The archaeologist shall notify the Applicant and MID if the resource may be significant An appropriate treatment plan for the resources shall then be developed by the Applicant for approval by MID The archaeologist shall consult with Native American representatives in determining appropriate treatment for prehistoric or Native American cultural resources if discovered
In considering any suggested mitigation proposed by the archaeologist the Applicant and MID shall determine whether avoidance is feasible in light of factors such as the nature of the find project design costs and other considerations If avoidance is not feasible other appropriate measures (eg data recovery) shall be instituted Work may proceed in other parts of the Project site while mitigation for cultural resources in other areas of the site is being carried out
Less than Significant
Impact 45-2 The proposed Project could potentially destroy a unique paleontological resource or site or unique geologic feature
Potentially Significant
Mitigation Measure 45-2 If Paleontological Resources are Discovered During Ground-Disturbing Activities Suspend Work until Resource is Evaluated Prior to the initiation of site preparation or start of construction (and subsequently decommissioning) the Applicant shall retain a qualified professional paleontologist or a California Registered Professional Geologist (California RPG) with appropriate paleontological expertise as defined by the Society of Vertebrate Paleontologyrsquos Conformable Impact Mitigation Guidelines Committee (SVP 1995 Guidelines) to carry out a paleontological resources training program for construction workers involved in grading and excavation activities Training shall include awareness and recognition of potential fossil materials and the procedures to follow if construction crews encounter fossil materials in the course of earthwork excavation or grading If construction crews discover potential fossils all earthwork or other types of ground disturbance within 50 feet of the find shall stop immediately until the qualified professional paleontologist can assess the nature and importance of the find Based on the scientific value or uniqueness of the find the monitor may record the find and allow work to continue or recommend salvage and recovery of the fossil The Applicant shall require the paleontologist to be ldquoon-callrdquo throughout the duration of ground-disturbing activities
Less than Significant
103
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-13 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Cultural and Paleontological Resources (cont)
Impact 45-3 The proposed Project could potentially disturb any human remains including those interred outside of formal cemeteries
Potentially Significant
Mitigation Measure 45-3 Halt Work if Human Skeletal Remains are Identified During Construction If human skeletal remains are uncovered during Project construction (and subsequently decommissioning) work shall immediately halt within 100 feet of the find The Applicant shall contact the Stanislaus County Coroner to evaluate the remains and shall follow the procedures and protocols set forth in sect150645(e)(1) of the CEQA Guidelines If the County Coroner determines that the remains are Native American the Applicant shall contact the Native American Heritage Commission in accordance with Health and Safety Code Section 70505 subdivision (c) and Public Resources Code 509798 (as amended by AB 2641) The Native American Heritage Commission will designate a Most Likely Descendent of the deceased Native American who will provide recommendations as to the future disposition of the remains
Less than Significant
Energy Conservation
Impact 46-1 The construction operation and maintenance and decommissioning of the Project could result in consumption of energy
Less than Significant
None required
Impact 46-2 Construction operation and maintenance and decommissioning of the Project would require use of transportation energy
Less than Significant
None required
Impact 46-3 The Projectrsquos overall use of efficient transportation alternatives would be limited
Less than Significant
None required
Geology and Soils
Impact 47-1 The Project could expose people or structures to potential adverse effects including the risk of loss injury or death involving strong seismic ground shaking and earthquake-induced ground failure (such as liquefaction and lateral spreading)
Less than Significant
None required
Impact 47-2 The Project could result in soil erosion or loss of topsoil
Less than Significant
None required
Impact 47-3 The Project could be located on expansive soil as defined in Table 18-1-B of the Uniform Building Code (1994) creating risks to life or property
Less than Significant
None required
104
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-14 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Geology and Soils (cont)
Impact 47-4 The Project site could have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater
Less than Significant
None required
Greenhouse Gas Emissions
Impact 48-1 The Project would result in emissions of greenhouse gases that would contribute to global climate change
Less than Significant
None required
Impact 48-2 The Project could conflict with the California Air Resources Boardrsquos Climate Change Scoping Plan
Potentially Significant
Mitigation Measure 48-2 Low SF6 Leak Rate Circuit Breaker and Monitoring The Applicant shall ensure that the circuit breaker installed at the proposed new substation has a guaranteed SF6 annual leak rate of no more than 05 percent by volume The Applicant shall provide Modesto Irrigation District with documentation of compliance such as specification sheets prior to installation of the circuit breaker In addition the Applicant shall monitor the SF6-containing circuit breaker at the substation consistent with Scoping Plan Measure H-6 for the detection and repair of leaks
Less than Significant
Hazards and Hazardous Materials
Impact 49-1 Project construction decommissioning and operationmaintenance could create a hazard to the public or the environment through the routine transport use or disposal of hazardous materials
Less than Significant
None required
Impact 49-2 The Project could result in an accidental spill or leak during construction or decommissioning that could release hazardous materials into the environment
Potentially Significant
Mitigation Measure 49-2 Accidental Spill Prevention and Response Plan The Applicant shall prepare an Accidental Spill Prevention and Response Plan for construction and decommissioning activities for review and approval by Modesto Irrigation District The plan shall identify measures to prevent accidental spills from leaving the site and methods for responding to and cleaning up spills to limit the amount of materials released into the environment Such measures shall include but not be limited to ensuring that absorbent material tarps storage drums and other emergency spill supplies and equipment are kept at the Project site at all times
Less than Significant
Hydrology and Water Quality
Impact 410-1 The Project could potentially degrade water quality such that it could violate water quality standards or waste discharge requirements
Less than Significant
None required
105
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-15 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Hydrology and Water Quality (cont)
Impact 410-2 The Project could alter the existing drainage pattern of the site in a manner that could result in erosion or sedimentation on- or off-site or which could contribute to flooding
Less than Significant
None required
Impact 410-3 The Project could create or contribute runoff water that could exceed the capacity of existing or planned stormwater drainage systems or provide additional sources of polluted runoff
Less than Significant
None required
Impact 410-4 The Project could expose people or structures to a risk of loss injury or death involving flooding including flooding as a result of the failure of a levee or dam
Less than Significant
None required
Land Use and Planning
The Project would have no impacts in this resource area
Mineral Resources
The Project would have no impacts in this resource area
Noise
Impact 413-1 Project-related post driving would result in exposure of persons to groundborne vibration
Less than Significant
None required
Impact 413-2 Operation and maintenance of the Project would increase local ambient noise levels
Less than Significant
None required
Impact 413-3 Project construction and decommissioning activities would temporarily increase local ambient noise levels
Less than Significant
None required
Population and Housing
The Project would have no impacts in this resource area
106
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-16 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Public Services
The Project would have no impacts in this resource area
Recreation
The Project would have no impacts in this resource area
Transportation and Traffic
Impact 417-1 Project construction and decommissioning activities could intermittently and temporarily increase traffic congestion due to vehicle trips generated by construction workers and construction vehicles on area roadways
Potentially Significant
Mitigation Measure 417-1a MID Traffic Control Measures During construction and decommissioning of the sub-transmission and distribution lines and fiber optic cable MID shall implement the following traffic mitigation measures from the 2006 PEIR Update (2006 PEIR Update p 10-6)
1 MID will coordinate design and construction of program facilities with the agencies with jurisdiction including Caltrans counties cities special districts other utilities and the FAA as required
2 MID will obtain any necessary encroachment permits inspections or other approvals from agencies with jurisdiction
2A MID will obtain any necessary approvals and inspections from agencies with jurisdiction
2B MID shall coordinate the design and construction and shall obtain any necessary permits from the County City or State prior to placing any facilities within the public road rights-of-way of those agencies and shall conform to applicable conditions in the encroachment permit
3 MID will utilize all necessary precautions to minimize safety concerns when working within public road rights-of-way Traffic safety cones construction signage or other measures will be used to alert drivers to construction activities
4 Electrical facilities placed within public rights-of-way will comply with applicable standards for avoiding hazards to drivers pedestrians and bicyclists
Less than Significant
Mitigation Measure 417-1b Applicant Construction Traffic Management and Safety Plan Prior to the start of construction (and subsequently decommissioning) of the Project the Applicant shall prepare and implement a Traffic Management and Safety Plan that shall reduce or eliminate impacts associated with the Project The Plan shall adhere to Stanislaus County and Caltrans requirements and shall include at a minimum the following elements
a) Schedule Project-generated construction truck trips on SR 99 SR 108 and SR 219 outside the peak morning and evening commute hours to reduce potential traffic congestion and reduce potential for transit delays during the peak commute periods
107
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-17 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Transportation and Traffic (cont)
Impact 417-1 (cont) b) Comply with transportation permit requirements of Caltrans and CHP when scheduling Project-generated construction truck trips carrying oversized loads In addition provide pre-notification to local police fire and emergency service providers of the timing location and duration of construction activities that could affect the movement of emergency vehicles on area roadways
c) Place signs (eg ldquoSlow Trucksrdquo andor ldquoTrucks Turning Aheadrdquo) along appropriate roads to notify drivers of construction traffic throughout the duration of the construction period
Impact 417-2 The Project could conflict with established congestion management programs on affected roads or highways
Less than Significant
None required
Impact 417-3 Project construction and decommissioning activities could substantially increase traffic hazards due to construction in or adjacent to roads
Potentially Significant
Mitigation Measure 417-3 Implement Mitigation Measures 417-1a and 417-1b Less than Significant
Impact 417-4 The Project could result in inadequate emergency access
Potentially Significant
Mitigation Measure 417-4 Develop an Emergency Access Plan for the Site The Applicant shall develop and implement an Emergency Access Plan which shall include evacuation routes and strategies to ensure accessibility and mobility for project area and emergency vehicles Additional measures include developing an emergency action plan that identifies roles and responsibilities during emergencies and to update the plan regularly
Less than Significant
Utilities and Service Systems
Impact 418-1 The proposed Project would require or result in the construction of new stormwater drainage facilities the construction of which could cause significant environmental effects
Less than Significant
None required
108
109
110
REFERRED TO
YE
S
NO
WILL NOT
HAVE
SIGNIFICANT
IMPACT
MAY HAVE
SIGNIFICANT
IMPACT
NO COMMENT
NON CEQA YE
S
NO
YE
S
NO
AGRICULTURE COMMISSIONER X
AIRPORT LAND USE COMMISSION X
ALLIANCE X
BUILDING PERMITS DIVISION X X X
CALTRANS DISTRICT 10 X
CHIEF EXECUTIVE OFFICE X
CITY OF RIVERBANK X
COOPERATIVE EXTENSION X
CORPS OF ENGINEERS X
COUNTY COUNSEL X
ENVIRONMENTAL RESOURCES X X X
FIRE PROTECTION DIST STANISLAUS
CONSOLIDATED X X X
FISH amp GAME DEPT OF X
HAZARDOUS MATERIALS X
IRRIGATION DISTRICT MODESTO X X X
LAFCO X
MODESTO REGIONAL FIRE AUTHORITY FPB X
MOSQUITO DISTRICT EASTSIDE X
MT VALLEY EMERGENCY MEDICAL X
PACIFIC GAS amp ELECTRIC X
PUBLIC WORKS X X X
REGIONAL WATER QUALITY CONTROL X
SAN JOAQUIN VALLEY APCD X
SCHOOL DISTRICT 1 MODESTO X X X
SCHOOL DISTRICT 2 STANISLAUS X
SHERIFF X
StanCOG X
STANISLAUS COUNTY FARM BUREAU X
STANISLAUS ERC X
STATE CLEARINGHOUSE X
STATE LANDS COMMISSION X
SUPERVISORIAL DISTRICT 4 MONTEITH X
SURROUNDING LAND OWNERS
TELEPHONE COMPANY ATampT X
UNITED STATES MILITARY AGENCIES (SB 1462) (5 agencies) X
US FISH amp WILDLIFE X
X
X
SUMMARY OF RESPONSES FOR USE PERMIT REVIEW REFERRALS
RESPONDED RESPONSEMITIGATION
MEASURESCONDITIONS
PROJECT USE PERMIT APPLICATION NO 2011-10 - McHENRY SOLAR FARM
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
RESPONSIBLE
AGENCY REFERRAL
PUBLIC HEARING
NOTICE
X
X
X
X
X
X
X
X
X
111
Executive Summary
McHenry Solar Project ES-8 May 2011 Draft Environmental Impact Report
TABLE ES-1 SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Aesthetics Visual Quality and Light and Glare
Impact 41-1 The Project could degrade the existing visual character or quality of the site and its surroundings
Less than Significant
None required
Impact 41-2 The Project would create a new source of light or glare which could adversely affect daytime or nighttime views in the area
Potentially Significant
Mitigation Measure 41-2 Nighttime Construction Lighting Nighttime construction lighting if required shall be shielded and oriented downward to minimize effects on any nearby receptors Lighting shall be directed toward active construction areas only and shall have the minimum brightness necessary to ensure worker safety
Less than Significant
Agriculture and Forest Resources
Impact 42-1 The Project would temporarily discontinue the current exclusive agricultural use (row crops) of Prime Farmland to a mix of agricultural use (grazing) and non-agricultural use
Less than Significant
None required
Air Quality
Impact 43-1 Construction and decommissioning activities would generate emissions of criteria pollutants including suspended and inhalable particulate matter and equipment exhaust emissions
Potentially Significant
Mitigation Measure 43-1 Implement Dust Control Measures The Applicant shall submit a Dust Control Plan to the APCO for approval prior to start of construction (and subsequently decommissioning) activities The Plan shall cover both Applicant and MID activities and shall require implementation of the following dust control measures
All disturbed areas including storage piles that are not being actively used for construction purposes shall be effectively stabilized of dust emissions using water chemical stabilizersuppressant covered with a tarp or other suitable cover or vegetative ground cover
All on-site unpaved roads and off-site unpaved access roads shall be effectively stabilized of dust emissions using water or chemical stabilizersuppressant
All land clearing grubbing scraping excavation land leveling grading cut and fill and demolition activities shall be effectively controlled of fugitive dust emissions using application of water or by presoaking
When materials are transported off-site all material shall be covered or effectively wetted to limit visible dust emissions and at least six inches of freeboard space from the top of the container shall be maintained
Limit or expeditiously remove trackout (ie accumulation of mud or dirt from Project-related vehicle tires) from adjacent public streets near the Project access points Trackout shall be immediately removed from public streets when it extends 50 or more feet from the Project access points otherwise trackout shall be removed at the end of each workday (The use of dry rotary brushes is expressly prohibited except where preceded or accompanied by sufficient wetting to limit the visible dust emissions)(Use of blower devices is expressly forbidden)
Less than Significant
99
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-9 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Air Quality (cont)
Impact 43-1 (cont) Following the addition of materials to or removal of materials from the surface of outdoor storage piles said piles shall be effectively stabilized of fugitive dust emissions using sufficient water or chemical stabilizersuppressant
Limit traffic speed on unpaved on-site roads to 15 mph
Install sandbags or other erosion control measures to prevent silt runoff to public roadways from sites with a slope greater than one percent
Install windbreaks at windward side(s) of construction areas
Suspend excavation and grading activity when winds exceed 20 mph
Impact 43-2 Operation of the Project would generate exhaust emissions of criteria pollutants from routine operations
Less than Significant
None required
Impact 43-3 The Project could result in permanently disturbed land that would serve as a source of fugitive dust emissions
Less than Significant
None required
Impact 43-4 Construction and decommissioning emissions associated with the Project could result in emissions of ozone precursors and particulate matter that would be cumulatively considerable
Potentially Significant
Mitigation Measure 43-4 Implement Mitigation Measure 43-1 Less than Significant
Impact 43-5 Operation and maintenance of the Project could generate emissions of criteria pollutants that would be cumulatively considerable
Less than Significant
None required
Impact 43-6 The Project would generate emissions of criteria pollutants potentially exposing sensitive receptors to harmful pollutant concentrations
Potentially Significant
Mitigation Measure 43-6 Implement Mitigation Measure 43-1 Less than Significant
Impact 43-7 The Project would generate emissions of Toxic Air Contaminants potentially exposing sensitive receptors to harmful pollutant concentrations
Less than Significant
None required
100
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-10 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Biological Resources
Impact 44-1 Applicant Project activities could result in potential disturbance or loss of Swainsonrsquos hawk and their habitat
Potentially Significant
Mitigation Measure 44-1a Preconstruction Surveys for Swainsonrsquos Hawk If Project-related construction or decommissioning activities are planned to occur during the nesting period (March 1 to September 15) the Applicant shall engage a qualified biologist to conduct preconstruction surveys for Swainsonrsquos hawk and their nests no more than 14 days before the start of construction or decommissioning activities within 025 mile of the Project site where access is available Survey results shall be submitted to CDFG at least three days prior to the start of construction or decommissioning activities If active nests are not identified no further action is required and constructiondecommissioning may proceed If active nests are identified the Applicant shall consult with CDFG to develop and implement suitable avoidance measures consistent with the Staff Report Regarding Mitigation for Impacts to Swainsonrsquos Hawks in the Central Valley of California (CDFG 1994) To avoid impacting breeding efforts no construction or decommissioning activities shall occur between March 1 and September 15 within 500 feet of an active nest that could cause nest abandonment or forced fledging These buffers may be reduced in consultation with CDFG
Depending on conditions specific to each active nest and the relative location and rate of construction or decommissioning activities it may be feasible for such activities to occur as planned within the buffer without impacting the breeding effort In this case (to be determined in consultation with CDFG) the nest(s) shall be monitored by a qualified biologist during construction or decommissioning within the buffer The monitor shall have ldquostop workrdquo authority If in the professional opinion of the monitor Project activities are negatively affecting the nesting behavior of the bird the monitor shall stop all such activities within the designated buffer Construction or decommissioning activities shall not resume until either the monitor has determined that the young have fledged the nest or as otherwise approved by CDFG
With CDFG concurrence construction activities that are initiated outside the nesting season may continue even if raptors choose to nest within 500 feet of work activities Thus work may continue without delay if surveys verify the local absence of nesting raptors or if construction begins outside the nesting period (September 16 to February 28)
Less than Significant
Mitigation Measure 44-1b Reduce Construction Noise Levels If it appears that noise or vibration from vibratory post driving associated with Project construction (or other similar noise-generating construction or decommissioning activity) could affect nesting Swainsonrsquos hawks that arrive after the start of construction specific measures including but not limited to use of noise dissipaters shall be implemented to reduce noise levels During post driving a noise level of no greater than 85 decibels (measured at the nest) shall be used as general guidance for nests that are established after construction
Impact 44-2 MID activities could result in potential disturbance or loss of Swainsonrsquos hawk and their habitat
Potentially Significant
Mitigation Measure 44-2 Avian-safe Transmission Line (MID) Transmission poles should be designed using criteria identified in Avian Power Line Interaction Committee (APLIC 2006)
Less than Significant
101
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-11 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Biological Resources (cont)
Impact 44-3 Project activities could impact other tree-nesting raptors andor protected nesting migratory birds
Potentially Significant
Mitigation Measure 44-3 Preconstruction Raptor Surveys (Applicant) If Project-related construction andor decommissioning activities are to occur during the breeding period for nesting raptors andor protected nesting migratory birds (February 1 through August 31) the Applicant shall engage a qualified biologist to conduct preconstruction surveys of all potential habitat within 500 feet of the Project site no more than 14 days prior to the start of construction or decommissioning activities If active nests are not identified no further action is necessary If active nests are identified during preconstruction surveys a no-disturbance buffer shall be created around active raptor nests and nests of other special-status birds during the breeding season or until it is determined by the qualified biologist that all young have fledged Typical buffers are 500 feet for raptors and 250 feet for other nesting birds (eg waterfowl and passerine birds) The size of these buffer zones and types of construction or decommissioning activities allowed in these areas could be further modified in coordination with CDFG and shall be based on existing noise and disturbance levels in the Project area
Less than Significant
Impact 44-4 Project activities could result in potential disturbance or loss of burrowing owls and their habitat
Potentially Significant
Mitigation Measure 44-4a Preconstruction Burrowing Owl Surveys (Applicant) The Applicant shall engage a qualified biologist to conduct preconstruction surveys for burrowing owls 14 to 30 days prior to the start of construction or decommissioning using the most current CDFG protocol Surveys shall cover grassland areas within a 500-foot buffer from all Project constructiondecommissioning activities that are within suitable grasslands habitat including checking for adult and juvenile burrowing owls and owl nests If owls are detected during surveys occupied burrows shall not be disturbed
Constructiondecommissioning exclusion areas (eg orange exclusion fence or signage) shall be established around the occupied burrows where no disturbance shall be allowed During the nonbreeding season (September 1 through January 31) the exclusion zone shall extend 160 feet around occupied burrows During the breeding season (February 1 through August 31) exclusion areas shall extend 250 feet around occupied burrows
If the above requirements cannot be met passive relocation of on-site owls may be implemented as an alternative but only during the nonbreeding season and only with prior CDFG approval Passive relocation shall be accomplished by installing one-way doors on the entrances of burrows located within 160 feet of the Project area The one-way doors shall be left in place for 48 hours to ensure the owls have left the burrow The burrows shall then be excavated with a qualified biologist present Constructiondecommissioning shall not proceed until the Project area is deemed free of owls by the qualified biologist
Less than Significant
Mitigation Measure 44-4b Preconstruction Burrowing Owl Surveys (MID) Prior to construction MID shall conduct pre-construction surveys for burrowing owl for the sub-transmissiondistribution line and fiber optic cable alignment These surveys shall be conducted using the most up-to-date CDFG published protocols (eg CDFGs 1995 Staff Report on Burrowing Owl Mitigation) If owls are detected during surveys occupied burrows shall not be disturbed
102
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-12 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Cultural and Paleontological Resources
Impact 45-1 The proposed Project could potentially cause an adverse change in the significance of a unique archaeological resource pursuant to sect150645
Potentially Significant
Mitigation Measure 45-1 If Cultural Resources are Discovered During Ground-Disturbing Activities Suspend Work until Resource is Evaluated Prior to the initiation of site preparation or start of construction (and subsequently decommissioning) the Applicant shall retain a qualified professional archaeologist to complete an archaeological resources training program for construction workers involved in grading and excavation activities Training shall include awareness and recognition of archaeological materials and the procedures to follow if construction crews encounter such materials in the course of earthwork excavation or grading If archaeological resources are encountered all activity within 50 feet of the find shall cease until it can be evaluated by a qualified archaeologist Prehistoric archaeological materials could include obsidian and chert flaked-stone tools (eg projectile points knives scrapers) or toolmaking debris culturally darkened soil (ldquomiddenrdquo) containing heat-affected rocks artifacts or shellfish remains and stone milling equipment (eg mortars pestles handstones or milling slabs) and battered stone tools such as hammerstones and pitted stones Historic-period materials could include stone concrete or adobe footings and walls filled wells or privies and deposits of metal glass andor ceramic refuse The archaeologist shall notify the Applicant and MID if the resource may be significant An appropriate treatment plan for the resources shall then be developed by the Applicant for approval by MID The archaeologist shall consult with Native American representatives in determining appropriate treatment for prehistoric or Native American cultural resources if discovered
In considering any suggested mitigation proposed by the archaeologist the Applicant and MID shall determine whether avoidance is feasible in light of factors such as the nature of the find project design costs and other considerations If avoidance is not feasible other appropriate measures (eg data recovery) shall be instituted Work may proceed in other parts of the Project site while mitigation for cultural resources in other areas of the site is being carried out
Less than Significant
Impact 45-2 The proposed Project could potentially destroy a unique paleontological resource or site or unique geologic feature
Potentially Significant
Mitigation Measure 45-2 If Paleontological Resources are Discovered During Ground-Disturbing Activities Suspend Work until Resource is Evaluated Prior to the initiation of site preparation or start of construction (and subsequently decommissioning) the Applicant shall retain a qualified professional paleontologist or a California Registered Professional Geologist (California RPG) with appropriate paleontological expertise as defined by the Society of Vertebrate Paleontologyrsquos Conformable Impact Mitigation Guidelines Committee (SVP 1995 Guidelines) to carry out a paleontological resources training program for construction workers involved in grading and excavation activities Training shall include awareness and recognition of potential fossil materials and the procedures to follow if construction crews encounter fossil materials in the course of earthwork excavation or grading If construction crews discover potential fossils all earthwork or other types of ground disturbance within 50 feet of the find shall stop immediately until the qualified professional paleontologist can assess the nature and importance of the find Based on the scientific value or uniqueness of the find the monitor may record the find and allow work to continue or recommend salvage and recovery of the fossil The Applicant shall require the paleontologist to be ldquoon-callrdquo throughout the duration of ground-disturbing activities
Less than Significant
103
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-13 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Cultural and Paleontological Resources (cont)
Impact 45-3 The proposed Project could potentially disturb any human remains including those interred outside of formal cemeteries
Potentially Significant
Mitigation Measure 45-3 Halt Work if Human Skeletal Remains are Identified During Construction If human skeletal remains are uncovered during Project construction (and subsequently decommissioning) work shall immediately halt within 100 feet of the find The Applicant shall contact the Stanislaus County Coroner to evaluate the remains and shall follow the procedures and protocols set forth in sect150645(e)(1) of the CEQA Guidelines If the County Coroner determines that the remains are Native American the Applicant shall contact the Native American Heritage Commission in accordance with Health and Safety Code Section 70505 subdivision (c) and Public Resources Code 509798 (as amended by AB 2641) The Native American Heritage Commission will designate a Most Likely Descendent of the deceased Native American who will provide recommendations as to the future disposition of the remains
Less than Significant
Energy Conservation
Impact 46-1 The construction operation and maintenance and decommissioning of the Project could result in consumption of energy
Less than Significant
None required
Impact 46-2 Construction operation and maintenance and decommissioning of the Project would require use of transportation energy
Less than Significant
None required
Impact 46-3 The Projectrsquos overall use of efficient transportation alternatives would be limited
Less than Significant
None required
Geology and Soils
Impact 47-1 The Project could expose people or structures to potential adverse effects including the risk of loss injury or death involving strong seismic ground shaking and earthquake-induced ground failure (such as liquefaction and lateral spreading)
Less than Significant
None required
Impact 47-2 The Project could result in soil erosion or loss of topsoil
Less than Significant
None required
Impact 47-3 The Project could be located on expansive soil as defined in Table 18-1-B of the Uniform Building Code (1994) creating risks to life or property
Less than Significant
None required
104
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-14 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Geology and Soils (cont)
Impact 47-4 The Project site could have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater
Less than Significant
None required
Greenhouse Gas Emissions
Impact 48-1 The Project would result in emissions of greenhouse gases that would contribute to global climate change
Less than Significant
None required
Impact 48-2 The Project could conflict with the California Air Resources Boardrsquos Climate Change Scoping Plan
Potentially Significant
Mitigation Measure 48-2 Low SF6 Leak Rate Circuit Breaker and Monitoring The Applicant shall ensure that the circuit breaker installed at the proposed new substation has a guaranteed SF6 annual leak rate of no more than 05 percent by volume The Applicant shall provide Modesto Irrigation District with documentation of compliance such as specification sheets prior to installation of the circuit breaker In addition the Applicant shall monitor the SF6-containing circuit breaker at the substation consistent with Scoping Plan Measure H-6 for the detection and repair of leaks
Less than Significant
Hazards and Hazardous Materials
Impact 49-1 Project construction decommissioning and operationmaintenance could create a hazard to the public or the environment through the routine transport use or disposal of hazardous materials
Less than Significant
None required
Impact 49-2 The Project could result in an accidental spill or leak during construction or decommissioning that could release hazardous materials into the environment
Potentially Significant
Mitigation Measure 49-2 Accidental Spill Prevention and Response Plan The Applicant shall prepare an Accidental Spill Prevention and Response Plan for construction and decommissioning activities for review and approval by Modesto Irrigation District The plan shall identify measures to prevent accidental spills from leaving the site and methods for responding to and cleaning up spills to limit the amount of materials released into the environment Such measures shall include but not be limited to ensuring that absorbent material tarps storage drums and other emergency spill supplies and equipment are kept at the Project site at all times
Less than Significant
Hydrology and Water Quality
Impact 410-1 The Project could potentially degrade water quality such that it could violate water quality standards or waste discharge requirements
Less than Significant
None required
105
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-15 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Hydrology and Water Quality (cont)
Impact 410-2 The Project could alter the existing drainage pattern of the site in a manner that could result in erosion or sedimentation on- or off-site or which could contribute to flooding
Less than Significant
None required
Impact 410-3 The Project could create or contribute runoff water that could exceed the capacity of existing or planned stormwater drainage systems or provide additional sources of polluted runoff
Less than Significant
None required
Impact 410-4 The Project could expose people or structures to a risk of loss injury or death involving flooding including flooding as a result of the failure of a levee or dam
Less than Significant
None required
Land Use and Planning
The Project would have no impacts in this resource area
Mineral Resources
The Project would have no impacts in this resource area
Noise
Impact 413-1 Project-related post driving would result in exposure of persons to groundborne vibration
Less than Significant
None required
Impact 413-2 Operation and maintenance of the Project would increase local ambient noise levels
Less than Significant
None required
Impact 413-3 Project construction and decommissioning activities would temporarily increase local ambient noise levels
Less than Significant
None required
Population and Housing
The Project would have no impacts in this resource area
106
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-16 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Public Services
The Project would have no impacts in this resource area
Recreation
The Project would have no impacts in this resource area
Transportation and Traffic
Impact 417-1 Project construction and decommissioning activities could intermittently and temporarily increase traffic congestion due to vehicle trips generated by construction workers and construction vehicles on area roadways
Potentially Significant
Mitigation Measure 417-1a MID Traffic Control Measures During construction and decommissioning of the sub-transmission and distribution lines and fiber optic cable MID shall implement the following traffic mitigation measures from the 2006 PEIR Update (2006 PEIR Update p 10-6)
1 MID will coordinate design and construction of program facilities with the agencies with jurisdiction including Caltrans counties cities special districts other utilities and the FAA as required
2 MID will obtain any necessary encroachment permits inspections or other approvals from agencies with jurisdiction
2A MID will obtain any necessary approvals and inspections from agencies with jurisdiction
2B MID shall coordinate the design and construction and shall obtain any necessary permits from the County City or State prior to placing any facilities within the public road rights-of-way of those agencies and shall conform to applicable conditions in the encroachment permit
3 MID will utilize all necessary precautions to minimize safety concerns when working within public road rights-of-way Traffic safety cones construction signage or other measures will be used to alert drivers to construction activities
4 Electrical facilities placed within public rights-of-way will comply with applicable standards for avoiding hazards to drivers pedestrians and bicyclists
Less than Significant
Mitigation Measure 417-1b Applicant Construction Traffic Management and Safety Plan Prior to the start of construction (and subsequently decommissioning) of the Project the Applicant shall prepare and implement a Traffic Management and Safety Plan that shall reduce or eliminate impacts associated with the Project The Plan shall adhere to Stanislaus County and Caltrans requirements and shall include at a minimum the following elements
a) Schedule Project-generated construction truck trips on SR 99 SR 108 and SR 219 outside the peak morning and evening commute hours to reduce potential traffic congestion and reduce potential for transit delays during the peak commute periods
107
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-17 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Transportation and Traffic (cont)
Impact 417-1 (cont) b) Comply with transportation permit requirements of Caltrans and CHP when scheduling Project-generated construction truck trips carrying oversized loads In addition provide pre-notification to local police fire and emergency service providers of the timing location and duration of construction activities that could affect the movement of emergency vehicles on area roadways
c) Place signs (eg ldquoSlow Trucksrdquo andor ldquoTrucks Turning Aheadrdquo) along appropriate roads to notify drivers of construction traffic throughout the duration of the construction period
Impact 417-2 The Project could conflict with established congestion management programs on affected roads or highways
Less than Significant
None required
Impact 417-3 Project construction and decommissioning activities could substantially increase traffic hazards due to construction in or adjacent to roads
Potentially Significant
Mitigation Measure 417-3 Implement Mitigation Measures 417-1a and 417-1b Less than Significant
Impact 417-4 The Project could result in inadequate emergency access
Potentially Significant
Mitigation Measure 417-4 Develop an Emergency Access Plan for the Site The Applicant shall develop and implement an Emergency Access Plan which shall include evacuation routes and strategies to ensure accessibility and mobility for project area and emergency vehicles Additional measures include developing an emergency action plan that identifies roles and responsibilities during emergencies and to update the plan regularly
Less than Significant
Utilities and Service Systems
Impact 418-1 The proposed Project would require or result in the construction of new stormwater drainage facilities the construction of which could cause significant environmental effects
Less than Significant
None required
108
109
110
REFERRED TO
YE
S
NO
WILL NOT
HAVE
SIGNIFICANT
IMPACT
MAY HAVE
SIGNIFICANT
IMPACT
NO COMMENT
NON CEQA YE
S
NO
YE
S
NO
AGRICULTURE COMMISSIONER X
AIRPORT LAND USE COMMISSION X
ALLIANCE X
BUILDING PERMITS DIVISION X X X
CALTRANS DISTRICT 10 X
CHIEF EXECUTIVE OFFICE X
CITY OF RIVERBANK X
COOPERATIVE EXTENSION X
CORPS OF ENGINEERS X
COUNTY COUNSEL X
ENVIRONMENTAL RESOURCES X X X
FIRE PROTECTION DIST STANISLAUS
CONSOLIDATED X X X
FISH amp GAME DEPT OF X
HAZARDOUS MATERIALS X
IRRIGATION DISTRICT MODESTO X X X
LAFCO X
MODESTO REGIONAL FIRE AUTHORITY FPB X
MOSQUITO DISTRICT EASTSIDE X
MT VALLEY EMERGENCY MEDICAL X
PACIFIC GAS amp ELECTRIC X
PUBLIC WORKS X X X
REGIONAL WATER QUALITY CONTROL X
SAN JOAQUIN VALLEY APCD X
SCHOOL DISTRICT 1 MODESTO X X X
SCHOOL DISTRICT 2 STANISLAUS X
SHERIFF X
StanCOG X
STANISLAUS COUNTY FARM BUREAU X
STANISLAUS ERC X
STATE CLEARINGHOUSE X
STATE LANDS COMMISSION X
SUPERVISORIAL DISTRICT 4 MONTEITH X
SURROUNDING LAND OWNERS
TELEPHONE COMPANY ATampT X
UNITED STATES MILITARY AGENCIES (SB 1462) (5 agencies) X
US FISH amp WILDLIFE X
X
X
SUMMARY OF RESPONSES FOR USE PERMIT REVIEW REFERRALS
RESPONDED RESPONSEMITIGATION
MEASURESCONDITIONS
PROJECT USE PERMIT APPLICATION NO 2011-10 - McHENRY SOLAR FARM
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
RESPONSIBLE
AGENCY REFERRAL
PUBLIC HEARING
NOTICE
X
X
X
X
X
X
X
X
X
111
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-9 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Air Quality (cont)
Impact 43-1 (cont) Following the addition of materials to or removal of materials from the surface of outdoor storage piles said piles shall be effectively stabilized of fugitive dust emissions using sufficient water or chemical stabilizersuppressant
Limit traffic speed on unpaved on-site roads to 15 mph
Install sandbags or other erosion control measures to prevent silt runoff to public roadways from sites with a slope greater than one percent
Install windbreaks at windward side(s) of construction areas
Suspend excavation and grading activity when winds exceed 20 mph
Impact 43-2 Operation of the Project would generate exhaust emissions of criteria pollutants from routine operations
Less than Significant
None required
Impact 43-3 The Project could result in permanently disturbed land that would serve as a source of fugitive dust emissions
Less than Significant
None required
Impact 43-4 Construction and decommissioning emissions associated with the Project could result in emissions of ozone precursors and particulate matter that would be cumulatively considerable
Potentially Significant
Mitigation Measure 43-4 Implement Mitigation Measure 43-1 Less than Significant
Impact 43-5 Operation and maintenance of the Project could generate emissions of criteria pollutants that would be cumulatively considerable
Less than Significant
None required
Impact 43-6 The Project would generate emissions of criteria pollutants potentially exposing sensitive receptors to harmful pollutant concentrations
Potentially Significant
Mitigation Measure 43-6 Implement Mitigation Measure 43-1 Less than Significant
Impact 43-7 The Project would generate emissions of Toxic Air Contaminants potentially exposing sensitive receptors to harmful pollutant concentrations
Less than Significant
None required
100
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-10 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Biological Resources
Impact 44-1 Applicant Project activities could result in potential disturbance or loss of Swainsonrsquos hawk and their habitat
Potentially Significant
Mitigation Measure 44-1a Preconstruction Surveys for Swainsonrsquos Hawk If Project-related construction or decommissioning activities are planned to occur during the nesting period (March 1 to September 15) the Applicant shall engage a qualified biologist to conduct preconstruction surveys for Swainsonrsquos hawk and their nests no more than 14 days before the start of construction or decommissioning activities within 025 mile of the Project site where access is available Survey results shall be submitted to CDFG at least three days prior to the start of construction or decommissioning activities If active nests are not identified no further action is required and constructiondecommissioning may proceed If active nests are identified the Applicant shall consult with CDFG to develop and implement suitable avoidance measures consistent with the Staff Report Regarding Mitigation for Impacts to Swainsonrsquos Hawks in the Central Valley of California (CDFG 1994) To avoid impacting breeding efforts no construction or decommissioning activities shall occur between March 1 and September 15 within 500 feet of an active nest that could cause nest abandonment or forced fledging These buffers may be reduced in consultation with CDFG
Depending on conditions specific to each active nest and the relative location and rate of construction or decommissioning activities it may be feasible for such activities to occur as planned within the buffer without impacting the breeding effort In this case (to be determined in consultation with CDFG) the nest(s) shall be monitored by a qualified biologist during construction or decommissioning within the buffer The monitor shall have ldquostop workrdquo authority If in the professional opinion of the monitor Project activities are negatively affecting the nesting behavior of the bird the monitor shall stop all such activities within the designated buffer Construction or decommissioning activities shall not resume until either the monitor has determined that the young have fledged the nest or as otherwise approved by CDFG
With CDFG concurrence construction activities that are initiated outside the nesting season may continue even if raptors choose to nest within 500 feet of work activities Thus work may continue without delay if surveys verify the local absence of nesting raptors or if construction begins outside the nesting period (September 16 to February 28)
Less than Significant
Mitigation Measure 44-1b Reduce Construction Noise Levels If it appears that noise or vibration from vibratory post driving associated with Project construction (or other similar noise-generating construction or decommissioning activity) could affect nesting Swainsonrsquos hawks that arrive after the start of construction specific measures including but not limited to use of noise dissipaters shall be implemented to reduce noise levels During post driving a noise level of no greater than 85 decibels (measured at the nest) shall be used as general guidance for nests that are established after construction
Impact 44-2 MID activities could result in potential disturbance or loss of Swainsonrsquos hawk and their habitat
Potentially Significant
Mitigation Measure 44-2 Avian-safe Transmission Line (MID) Transmission poles should be designed using criteria identified in Avian Power Line Interaction Committee (APLIC 2006)
Less than Significant
101
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-11 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Biological Resources (cont)
Impact 44-3 Project activities could impact other tree-nesting raptors andor protected nesting migratory birds
Potentially Significant
Mitigation Measure 44-3 Preconstruction Raptor Surveys (Applicant) If Project-related construction andor decommissioning activities are to occur during the breeding period for nesting raptors andor protected nesting migratory birds (February 1 through August 31) the Applicant shall engage a qualified biologist to conduct preconstruction surveys of all potential habitat within 500 feet of the Project site no more than 14 days prior to the start of construction or decommissioning activities If active nests are not identified no further action is necessary If active nests are identified during preconstruction surveys a no-disturbance buffer shall be created around active raptor nests and nests of other special-status birds during the breeding season or until it is determined by the qualified biologist that all young have fledged Typical buffers are 500 feet for raptors and 250 feet for other nesting birds (eg waterfowl and passerine birds) The size of these buffer zones and types of construction or decommissioning activities allowed in these areas could be further modified in coordination with CDFG and shall be based on existing noise and disturbance levels in the Project area
Less than Significant
Impact 44-4 Project activities could result in potential disturbance or loss of burrowing owls and their habitat
Potentially Significant
Mitigation Measure 44-4a Preconstruction Burrowing Owl Surveys (Applicant) The Applicant shall engage a qualified biologist to conduct preconstruction surveys for burrowing owls 14 to 30 days prior to the start of construction or decommissioning using the most current CDFG protocol Surveys shall cover grassland areas within a 500-foot buffer from all Project constructiondecommissioning activities that are within suitable grasslands habitat including checking for adult and juvenile burrowing owls and owl nests If owls are detected during surveys occupied burrows shall not be disturbed
Constructiondecommissioning exclusion areas (eg orange exclusion fence or signage) shall be established around the occupied burrows where no disturbance shall be allowed During the nonbreeding season (September 1 through January 31) the exclusion zone shall extend 160 feet around occupied burrows During the breeding season (February 1 through August 31) exclusion areas shall extend 250 feet around occupied burrows
If the above requirements cannot be met passive relocation of on-site owls may be implemented as an alternative but only during the nonbreeding season and only with prior CDFG approval Passive relocation shall be accomplished by installing one-way doors on the entrances of burrows located within 160 feet of the Project area The one-way doors shall be left in place for 48 hours to ensure the owls have left the burrow The burrows shall then be excavated with a qualified biologist present Constructiondecommissioning shall not proceed until the Project area is deemed free of owls by the qualified biologist
Less than Significant
Mitigation Measure 44-4b Preconstruction Burrowing Owl Surveys (MID) Prior to construction MID shall conduct pre-construction surveys for burrowing owl for the sub-transmissiondistribution line and fiber optic cable alignment These surveys shall be conducted using the most up-to-date CDFG published protocols (eg CDFGs 1995 Staff Report on Burrowing Owl Mitigation) If owls are detected during surveys occupied burrows shall not be disturbed
102
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-12 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Cultural and Paleontological Resources
Impact 45-1 The proposed Project could potentially cause an adverse change in the significance of a unique archaeological resource pursuant to sect150645
Potentially Significant
Mitigation Measure 45-1 If Cultural Resources are Discovered During Ground-Disturbing Activities Suspend Work until Resource is Evaluated Prior to the initiation of site preparation or start of construction (and subsequently decommissioning) the Applicant shall retain a qualified professional archaeologist to complete an archaeological resources training program for construction workers involved in grading and excavation activities Training shall include awareness and recognition of archaeological materials and the procedures to follow if construction crews encounter such materials in the course of earthwork excavation or grading If archaeological resources are encountered all activity within 50 feet of the find shall cease until it can be evaluated by a qualified archaeologist Prehistoric archaeological materials could include obsidian and chert flaked-stone tools (eg projectile points knives scrapers) or toolmaking debris culturally darkened soil (ldquomiddenrdquo) containing heat-affected rocks artifacts or shellfish remains and stone milling equipment (eg mortars pestles handstones or milling slabs) and battered stone tools such as hammerstones and pitted stones Historic-period materials could include stone concrete or adobe footings and walls filled wells or privies and deposits of metal glass andor ceramic refuse The archaeologist shall notify the Applicant and MID if the resource may be significant An appropriate treatment plan for the resources shall then be developed by the Applicant for approval by MID The archaeologist shall consult with Native American representatives in determining appropriate treatment for prehistoric or Native American cultural resources if discovered
In considering any suggested mitigation proposed by the archaeologist the Applicant and MID shall determine whether avoidance is feasible in light of factors such as the nature of the find project design costs and other considerations If avoidance is not feasible other appropriate measures (eg data recovery) shall be instituted Work may proceed in other parts of the Project site while mitigation for cultural resources in other areas of the site is being carried out
Less than Significant
Impact 45-2 The proposed Project could potentially destroy a unique paleontological resource or site or unique geologic feature
Potentially Significant
Mitigation Measure 45-2 If Paleontological Resources are Discovered During Ground-Disturbing Activities Suspend Work until Resource is Evaluated Prior to the initiation of site preparation or start of construction (and subsequently decommissioning) the Applicant shall retain a qualified professional paleontologist or a California Registered Professional Geologist (California RPG) with appropriate paleontological expertise as defined by the Society of Vertebrate Paleontologyrsquos Conformable Impact Mitigation Guidelines Committee (SVP 1995 Guidelines) to carry out a paleontological resources training program for construction workers involved in grading and excavation activities Training shall include awareness and recognition of potential fossil materials and the procedures to follow if construction crews encounter fossil materials in the course of earthwork excavation or grading If construction crews discover potential fossils all earthwork or other types of ground disturbance within 50 feet of the find shall stop immediately until the qualified professional paleontologist can assess the nature and importance of the find Based on the scientific value or uniqueness of the find the monitor may record the find and allow work to continue or recommend salvage and recovery of the fossil The Applicant shall require the paleontologist to be ldquoon-callrdquo throughout the duration of ground-disturbing activities
Less than Significant
103
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-13 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Cultural and Paleontological Resources (cont)
Impact 45-3 The proposed Project could potentially disturb any human remains including those interred outside of formal cemeteries
Potentially Significant
Mitigation Measure 45-3 Halt Work if Human Skeletal Remains are Identified During Construction If human skeletal remains are uncovered during Project construction (and subsequently decommissioning) work shall immediately halt within 100 feet of the find The Applicant shall contact the Stanislaus County Coroner to evaluate the remains and shall follow the procedures and protocols set forth in sect150645(e)(1) of the CEQA Guidelines If the County Coroner determines that the remains are Native American the Applicant shall contact the Native American Heritage Commission in accordance with Health and Safety Code Section 70505 subdivision (c) and Public Resources Code 509798 (as amended by AB 2641) The Native American Heritage Commission will designate a Most Likely Descendent of the deceased Native American who will provide recommendations as to the future disposition of the remains
Less than Significant
Energy Conservation
Impact 46-1 The construction operation and maintenance and decommissioning of the Project could result in consumption of energy
Less than Significant
None required
Impact 46-2 Construction operation and maintenance and decommissioning of the Project would require use of transportation energy
Less than Significant
None required
Impact 46-3 The Projectrsquos overall use of efficient transportation alternatives would be limited
Less than Significant
None required
Geology and Soils
Impact 47-1 The Project could expose people or structures to potential adverse effects including the risk of loss injury or death involving strong seismic ground shaking and earthquake-induced ground failure (such as liquefaction and lateral spreading)
Less than Significant
None required
Impact 47-2 The Project could result in soil erosion or loss of topsoil
Less than Significant
None required
Impact 47-3 The Project could be located on expansive soil as defined in Table 18-1-B of the Uniform Building Code (1994) creating risks to life or property
Less than Significant
None required
104
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-14 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Geology and Soils (cont)
Impact 47-4 The Project site could have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater
Less than Significant
None required
Greenhouse Gas Emissions
Impact 48-1 The Project would result in emissions of greenhouse gases that would contribute to global climate change
Less than Significant
None required
Impact 48-2 The Project could conflict with the California Air Resources Boardrsquos Climate Change Scoping Plan
Potentially Significant
Mitigation Measure 48-2 Low SF6 Leak Rate Circuit Breaker and Monitoring The Applicant shall ensure that the circuit breaker installed at the proposed new substation has a guaranteed SF6 annual leak rate of no more than 05 percent by volume The Applicant shall provide Modesto Irrigation District with documentation of compliance such as specification sheets prior to installation of the circuit breaker In addition the Applicant shall monitor the SF6-containing circuit breaker at the substation consistent with Scoping Plan Measure H-6 for the detection and repair of leaks
Less than Significant
Hazards and Hazardous Materials
Impact 49-1 Project construction decommissioning and operationmaintenance could create a hazard to the public or the environment through the routine transport use or disposal of hazardous materials
Less than Significant
None required
Impact 49-2 The Project could result in an accidental spill or leak during construction or decommissioning that could release hazardous materials into the environment
Potentially Significant
Mitigation Measure 49-2 Accidental Spill Prevention and Response Plan The Applicant shall prepare an Accidental Spill Prevention and Response Plan for construction and decommissioning activities for review and approval by Modesto Irrigation District The plan shall identify measures to prevent accidental spills from leaving the site and methods for responding to and cleaning up spills to limit the amount of materials released into the environment Such measures shall include but not be limited to ensuring that absorbent material tarps storage drums and other emergency spill supplies and equipment are kept at the Project site at all times
Less than Significant
Hydrology and Water Quality
Impact 410-1 The Project could potentially degrade water quality such that it could violate water quality standards or waste discharge requirements
Less than Significant
None required
105
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-15 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Hydrology and Water Quality (cont)
Impact 410-2 The Project could alter the existing drainage pattern of the site in a manner that could result in erosion or sedimentation on- or off-site or which could contribute to flooding
Less than Significant
None required
Impact 410-3 The Project could create or contribute runoff water that could exceed the capacity of existing or planned stormwater drainage systems or provide additional sources of polluted runoff
Less than Significant
None required
Impact 410-4 The Project could expose people or structures to a risk of loss injury or death involving flooding including flooding as a result of the failure of a levee or dam
Less than Significant
None required
Land Use and Planning
The Project would have no impacts in this resource area
Mineral Resources
The Project would have no impacts in this resource area
Noise
Impact 413-1 Project-related post driving would result in exposure of persons to groundborne vibration
Less than Significant
None required
Impact 413-2 Operation and maintenance of the Project would increase local ambient noise levels
Less than Significant
None required
Impact 413-3 Project construction and decommissioning activities would temporarily increase local ambient noise levels
Less than Significant
None required
Population and Housing
The Project would have no impacts in this resource area
106
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-16 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Public Services
The Project would have no impacts in this resource area
Recreation
The Project would have no impacts in this resource area
Transportation and Traffic
Impact 417-1 Project construction and decommissioning activities could intermittently and temporarily increase traffic congestion due to vehicle trips generated by construction workers and construction vehicles on area roadways
Potentially Significant
Mitigation Measure 417-1a MID Traffic Control Measures During construction and decommissioning of the sub-transmission and distribution lines and fiber optic cable MID shall implement the following traffic mitigation measures from the 2006 PEIR Update (2006 PEIR Update p 10-6)
1 MID will coordinate design and construction of program facilities with the agencies with jurisdiction including Caltrans counties cities special districts other utilities and the FAA as required
2 MID will obtain any necessary encroachment permits inspections or other approvals from agencies with jurisdiction
2A MID will obtain any necessary approvals and inspections from agencies with jurisdiction
2B MID shall coordinate the design and construction and shall obtain any necessary permits from the County City or State prior to placing any facilities within the public road rights-of-way of those agencies and shall conform to applicable conditions in the encroachment permit
3 MID will utilize all necessary precautions to minimize safety concerns when working within public road rights-of-way Traffic safety cones construction signage or other measures will be used to alert drivers to construction activities
4 Electrical facilities placed within public rights-of-way will comply with applicable standards for avoiding hazards to drivers pedestrians and bicyclists
Less than Significant
Mitigation Measure 417-1b Applicant Construction Traffic Management and Safety Plan Prior to the start of construction (and subsequently decommissioning) of the Project the Applicant shall prepare and implement a Traffic Management and Safety Plan that shall reduce or eliminate impacts associated with the Project The Plan shall adhere to Stanislaus County and Caltrans requirements and shall include at a minimum the following elements
a) Schedule Project-generated construction truck trips on SR 99 SR 108 and SR 219 outside the peak morning and evening commute hours to reduce potential traffic congestion and reduce potential for transit delays during the peak commute periods
107
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-17 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Transportation and Traffic (cont)
Impact 417-1 (cont) b) Comply with transportation permit requirements of Caltrans and CHP when scheduling Project-generated construction truck trips carrying oversized loads In addition provide pre-notification to local police fire and emergency service providers of the timing location and duration of construction activities that could affect the movement of emergency vehicles on area roadways
c) Place signs (eg ldquoSlow Trucksrdquo andor ldquoTrucks Turning Aheadrdquo) along appropriate roads to notify drivers of construction traffic throughout the duration of the construction period
Impact 417-2 The Project could conflict with established congestion management programs on affected roads or highways
Less than Significant
None required
Impact 417-3 Project construction and decommissioning activities could substantially increase traffic hazards due to construction in or adjacent to roads
Potentially Significant
Mitigation Measure 417-3 Implement Mitigation Measures 417-1a and 417-1b Less than Significant
Impact 417-4 The Project could result in inadequate emergency access
Potentially Significant
Mitigation Measure 417-4 Develop an Emergency Access Plan for the Site The Applicant shall develop and implement an Emergency Access Plan which shall include evacuation routes and strategies to ensure accessibility and mobility for project area and emergency vehicles Additional measures include developing an emergency action plan that identifies roles and responsibilities during emergencies and to update the plan regularly
Less than Significant
Utilities and Service Systems
Impact 418-1 The proposed Project would require or result in the construction of new stormwater drainage facilities the construction of which could cause significant environmental effects
Less than Significant
None required
108
109
110
REFERRED TO
YE
S
NO
WILL NOT
HAVE
SIGNIFICANT
IMPACT
MAY HAVE
SIGNIFICANT
IMPACT
NO COMMENT
NON CEQA YE
S
NO
YE
S
NO
AGRICULTURE COMMISSIONER X
AIRPORT LAND USE COMMISSION X
ALLIANCE X
BUILDING PERMITS DIVISION X X X
CALTRANS DISTRICT 10 X
CHIEF EXECUTIVE OFFICE X
CITY OF RIVERBANK X
COOPERATIVE EXTENSION X
CORPS OF ENGINEERS X
COUNTY COUNSEL X
ENVIRONMENTAL RESOURCES X X X
FIRE PROTECTION DIST STANISLAUS
CONSOLIDATED X X X
FISH amp GAME DEPT OF X
HAZARDOUS MATERIALS X
IRRIGATION DISTRICT MODESTO X X X
LAFCO X
MODESTO REGIONAL FIRE AUTHORITY FPB X
MOSQUITO DISTRICT EASTSIDE X
MT VALLEY EMERGENCY MEDICAL X
PACIFIC GAS amp ELECTRIC X
PUBLIC WORKS X X X
REGIONAL WATER QUALITY CONTROL X
SAN JOAQUIN VALLEY APCD X
SCHOOL DISTRICT 1 MODESTO X X X
SCHOOL DISTRICT 2 STANISLAUS X
SHERIFF X
StanCOG X
STANISLAUS COUNTY FARM BUREAU X
STANISLAUS ERC X
STATE CLEARINGHOUSE X
STATE LANDS COMMISSION X
SUPERVISORIAL DISTRICT 4 MONTEITH X
SURROUNDING LAND OWNERS
TELEPHONE COMPANY ATampT X
UNITED STATES MILITARY AGENCIES (SB 1462) (5 agencies) X
US FISH amp WILDLIFE X
X
X
SUMMARY OF RESPONSES FOR USE PERMIT REVIEW REFERRALS
RESPONDED RESPONSEMITIGATION
MEASURESCONDITIONS
PROJECT USE PERMIT APPLICATION NO 2011-10 - McHENRY SOLAR FARM
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
RESPONSIBLE
AGENCY REFERRAL
PUBLIC HEARING
NOTICE
X
X
X
X
X
X
X
X
X
111
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-10 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Biological Resources
Impact 44-1 Applicant Project activities could result in potential disturbance or loss of Swainsonrsquos hawk and their habitat
Potentially Significant
Mitigation Measure 44-1a Preconstruction Surveys for Swainsonrsquos Hawk If Project-related construction or decommissioning activities are planned to occur during the nesting period (March 1 to September 15) the Applicant shall engage a qualified biologist to conduct preconstruction surveys for Swainsonrsquos hawk and their nests no more than 14 days before the start of construction or decommissioning activities within 025 mile of the Project site where access is available Survey results shall be submitted to CDFG at least three days prior to the start of construction or decommissioning activities If active nests are not identified no further action is required and constructiondecommissioning may proceed If active nests are identified the Applicant shall consult with CDFG to develop and implement suitable avoidance measures consistent with the Staff Report Regarding Mitigation for Impacts to Swainsonrsquos Hawks in the Central Valley of California (CDFG 1994) To avoid impacting breeding efforts no construction or decommissioning activities shall occur between March 1 and September 15 within 500 feet of an active nest that could cause nest abandonment or forced fledging These buffers may be reduced in consultation with CDFG
Depending on conditions specific to each active nest and the relative location and rate of construction or decommissioning activities it may be feasible for such activities to occur as planned within the buffer without impacting the breeding effort In this case (to be determined in consultation with CDFG) the nest(s) shall be monitored by a qualified biologist during construction or decommissioning within the buffer The monitor shall have ldquostop workrdquo authority If in the professional opinion of the monitor Project activities are negatively affecting the nesting behavior of the bird the monitor shall stop all such activities within the designated buffer Construction or decommissioning activities shall not resume until either the monitor has determined that the young have fledged the nest or as otherwise approved by CDFG
With CDFG concurrence construction activities that are initiated outside the nesting season may continue even if raptors choose to nest within 500 feet of work activities Thus work may continue without delay if surveys verify the local absence of nesting raptors or if construction begins outside the nesting period (September 16 to February 28)
Less than Significant
Mitigation Measure 44-1b Reduce Construction Noise Levels If it appears that noise or vibration from vibratory post driving associated with Project construction (or other similar noise-generating construction or decommissioning activity) could affect nesting Swainsonrsquos hawks that arrive after the start of construction specific measures including but not limited to use of noise dissipaters shall be implemented to reduce noise levels During post driving a noise level of no greater than 85 decibels (measured at the nest) shall be used as general guidance for nests that are established after construction
Impact 44-2 MID activities could result in potential disturbance or loss of Swainsonrsquos hawk and their habitat
Potentially Significant
Mitigation Measure 44-2 Avian-safe Transmission Line (MID) Transmission poles should be designed using criteria identified in Avian Power Line Interaction Committee (APLIC 2006)
Less than Significant
101
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-11 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Biological Resources (cont)
Impact 44-3 Project activities could impact other tree-nesting raptors andor protected nesting migratory birds
Potentially Significant
Mitigation Measure 44-3 Preconstruction Raptor Surveys (Applicant) If Project-related construction andor decommissioning activities are to occur during the breeding period for nesting raptors andor protected nesting migratory birds (February 1 through August 31) the Applicant shall engage a qualified biologist to conduct preconstruction surveys of all potential habitat within 500 feet of the Project site no more than 14 days prior to the start of construction or decommissioning activities If active nests are not identified no further action is necessary If active nests are identified during preconstruction surveys a no-disturbance buffer shall be created around active raptor nests and nests of other special-status birds during the breeding season or until it is determined by the qualified biologist that all young have fledged Typical buffers are 500 feet for raptors and 250 feet for other nesting birds (eg waterfowl and passerine birds) The size of these buffer zones and types of construction or decommissioning activities allowed in these areas could be further modified in coordination with CDFG and shall be based on existing noise and disturbance levels in the Project area
Less than Significant
Impact 44-4 Project activities could result in potential disturbance or loss of burrowing owls and their habitat
Potentially Significant
Mitigation Measure 44-4a Preconstruction Burrowing Owl Surveys (Applicant) The Applicant shall engage a qualified biologist to conduct preconstruction surveys for burrowing owls 14 to 30 days prior to the start of construction or decommissioning using the most current CDFG protocol Surveys shall cover grassland areas within a 500-foot buffer from all Project constructiondecommissioning activities that are within suitable grasslands habitat including checking for adult and juvenile burrowing owls and owl nests If owls are detected during surveys occupied burrows shall not be disturbed
Constructiondecommissioning exclusion areas (eg orange exclusion fence or signage) shall be established around the occupied burrows where no disturbance shall be allowed During the nonbreeding season (September 1 through January 31) the exclusion zone shall extend 160 feet around occupied burrows During the breeding season (February 1 through August 31) exclusion areas shall extend 250 feet around occupied burrows
If the above requirements cannot be met passive relocation of on-site owls may be implemented as an alternative but only during the nonbreeding season and only with prior CDFG approval Passive relocation shall be accomplished by installing one-way doors on the entrances of burrows located within 160 feet of the Project area The one-way doors shall be left in place for 48 hours to ensure the owls have left the burrow The burrows shall then be excavated with a qualified biologist present Constructiondecommissioning shall not proceed until the Project area is deemed free of owls by the qualified biologist
Less than Significant
Mitigation Measure 44-4b Preconstruction Burrowing Owl Surveys (MID) Prior to construction MID shall conduct pre-construction surveys for burrowing owl for the sub-transmissiondistribution line and fiber optic cable alignment These surveys shall be conducted using the most up-to-date CDFG published protocols (eg CDFGs 1995 Staff Report on Burrowing Owl Mitigation) If owls are detected during surveys occupied burrows shall not be disturbed
102
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-12 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Cultural and Paleontological Resources
Impact 45-1 The proposed Project could potentially cause an adverse change in the significance of a unique archaeological resource pursuant to sect150645
Potentially Significant
Mitigation Measure 45-1 If Cultural Resources are Discovered During Ground-Disturbing Activities Suspend Work until Resource is Evaluated Prior to the initiation of site preparation or start of construction (and subsequently decommissioning) the Applicant shall retain a qualified professional archaeologist to complete an archaeological resources training program for construction workers involved in grading and excavation activities Training shall include awareness and recognition of archaeological materials and the procedures to follow if construction crews encounter such materials in the course of earthwork excavation or grading If archaeological resources are encountered all activity within 50 feet of the find shall cease until it can be evaluated by a qualified archaeologist Prehistoric archaeological materials could include obsidian and chert flaked-stone tools (eg projectile points knives scrapers) or toolmaking debris culturally darkened soil (ldquomiddenrdquo) containing heat-affected rocks artifacts or shellfish remains and stone milling equipment (eg mortars pestles handstones or milling slabs) and battered stone tools such as hammerstones and pitted stones Historic-period materials could include stone concrete or adobe footings and walls filled wells or privies and deposits of metal glass andor ceramic refuse The archaeologist shall notify the Applicant and MID if the resource may be significant An appropriate treatment plan for the resources shall then be developed by the Applicant for approval by MID The archaeologist shall consult with Native American representatives in determining appropriate treatment for prehistoric or Native American cultural resources if discovered
In considering any suggested mitigation proposed by the archaeologist the Applicant and MID shall determine whether avoidance is feasible in light of factors such as the nature of the find project design costs and other considerations If avoidance is not feasible other appropriate measures (eg data recovery) shall be instituted Work may proceed in other parts of the Project site while mitigation for cultural resources in other areas of the site is being carried out
Less than Significant
Impact 45-2 The proposed Project could potentially destroy a unique paleontological resource or site or unique geologic feature
Potentially Significant
Mitigation Measure 45-2 If Paleontological Resources are Discovered During Ground-Disturbing Activities Suspend Work until Resource is Evaluated Prior to the initiation of site preparation or start of construction (and subsequently decommissioning) the Applicant shall retain a qualified professional paleontologist or a California Registered Professional Geologist (California RPG) with appropriate paleontological expertise as defined by the Society of Vertebrate Paleontologyrsquos Conformable Impact Mitigation Guidelines Committee (SVP 1995 Guidelines) to carry out a paleontological resources training program for construction workers involved in grading and excavation activities Training shall include awareness and recognition of potential fossil materials and the procedures to follow if construction crews encounter fossil materials in the course of earthwork excavation or grading If construction crews discover potential fossils all earthwork or other types of ground disturbance within 50 feet of the find shall stop immediately until the qualified professional paleontologist can assess the nature and importance of the find Based on the scientific value or uniqueness of the find the monitor may record the find and allow work to continue or recommend salvage and recovery of the fossil The Applicant shall require the paleontologist to be ldquoon-callrdquo throughout the duration of ground-disturbing activities
Less than Significant
103
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-13 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Cultural and Paleontological Resources (cont)
Impact 45-3 The proposed Project could potentially disturb any human remains including those interred outside of formal cemeteries
Potentially Significant
Mitigation Measure 45-3 Halt Work if Human Skeletal Remains are Identified During Construction If human skeletal remains are uncovered during Project construction (and subsequently decommissioning) work shall immediately halt within 100 feet of the find The Applicant shall contact the Stanislaus County Coroner to evaluate the remains and shall follow the procedures and protocols set forth in sect150645(e)(1) of the CEQA Guidelines If the County Coroner determines that the remains are Native American the Applicant shall contact the Native American Heritage Commission in accordance with Health and Safety Code Section 70505 subdivision (c) and Public Resources Code 509798 (as amended by AB 2641) The Native American Heritage Commission will designate a Most Likely Descendent of the deceased Native American who will provide recommendations as to the future disposition of the remains
Less than Significant
Energy Conservation
Impact 46-1 The construction operation and maintenance and decommissioning of the Project could result in consumption of energy
Less than Significant
None required
Impact 46-2 Construction operation and maintenance and decommissioning of the Project would require use of transportation energy
Less than Significant
None required
Impact 46-3 The Projectrsquos overall use of efficient transportation alternatives would be limited
Less than Significant
None required
Geology and Soils
Impact 47-1 The Project could expose people or structures to potential adverse effects including the risk of loss injury or death involving strong seismic ground shaking and earthquake-induced ground failure (such as liquefaction and lateral spreading)
Less than Significant
None required
Impact 47-2 The Project could result in soil erosion or loss of topsoil
Less than Significant
None required
Impact 47-3 The Project could be located on expansive soil as defined in Table 18-1-B of the Uniform Building Code (1994) creating risks to life or property
Less than Significant
None required
104
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-14 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Geology and Soils (cont)
Impact 47-4 The Project site could have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater
Less than Significant
None required
Greenhouse Gas Emissions
Impact 48-1 The Project would result in emissions of greenhouse gases that would contribute to global climate change
Less than Significant
None required
Impact 48-2 The Project could conflict with the California Air Resources Boardrsquos Climate Change Scoping Plan
Potentially Significant
Mitigation Measure 48-2 Low SF6 Leak Rate Circuit Breaker and Monitoring The Applicant shall ensure that the circuit breaker installed at the proposed new substation has a guaranteed SF6 annual leak rate of no more than 05 percent by volume The Applicant shall provide Modesto Irrigation District with documentation of compliance such as specification sheets prior to installation of the circuit breaker In addition the Applicant shall monitor the SF6-containing circuit breaker at the substation consistent with Scoping Plan Measure H-6 for the detection and repair of leaks
Less than Significant
Hazards and Hazardous Materials
Impact 49-1 Project construction decommissioning and operationmaintenance could create a hazard to the public or the environment through the routine transport use or disposal of hazardous materials
Less than Significant
None required
Impact 49-2 The Project could result in an accidental spill or leak during construction or decommissioning that could release hazardous materials into the environment
Potentially Significant
Mitigation Measure 49-2 Accidental Spill Prevention and Response Plan The Applicant shall prepare an Accidental Spill Prevention and Response Plan for construction and decommissioning activities for review and approval by Modesto Irrigation District The plan shall identify measures to prevent accidental spills from leaving the site and methods for responding to and cleaning up spills to limit the amount of materials released into the environment Such measures shall include but not be limited to ensuring that absorbent material tarps storage drums and other emergency spill supplies and equipment are kept at the Project site at all times
Less than Significant
Hydrology and Water Quality
Impact 410-1 The Project could potentially degrade water quality such that it could violate water quality standards or waste discharge requirements
Less than Significant
None required
105
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-15 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Hydrology and Water Quality (cont)
Impact 410-2 The Project could alter the existing drainage pattern of the site in a manner that could result in erosion or sedimentation on- or off-site or which could contribute to flooding
Less than Significant
None required
Impact 410-3 The Project could create or contribute runoff water that could exceed the capacity of existing or planned stormwater drainage systems or provide additional sources of polluted runoff
Less than Significant
None required
Impact 410-4 The Project could expose people or structures to a risk of loss injury or death involving flooding including flooding as a result of the failure of a levee or dam
Less than Significant
None required
Land Use and Planning
The Project would have no impacts in this resource area
Mineral Resources
The Project would have no impacts in this resource area
Noise
Impact 413-1 Project-related post driving would result in exposure of persons to groundborne vibration
Less than Significant
None required
Impact 413-2 Operation and maintenance of the Project would increase local ambient noise levels
Less than Significant
None required
Impact 413-3 Project construction and decommissioning activities would temporarily increase local ambient noise levels
Less than Significant
None required
Population and Housing
The Project would have no impacts in this resource area
106
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-16 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Public Services
The Project would have no impacts in this resource area
Recreation
The Project would have no impacts in this resource area
Transportation and Traffic
Impact 417-1 Project construction and decommissioning activities could intermittently and temporarily increase traffic congestion due to vehicle trips generated by construction workers and construction vehicles on area roadways
Potentially Significant
Mitigation Measure 417-1a MID Traffic Control Measures During construction and decommissioning of the sub-transmission and distribution lines and fiber optic cable MID shall implement the following traffic mitigation measures from the 2006 PEIR Update (2006 PEIR Update p 10-6)
1 MID will coordinate design and construction of program facilities with the agencies with jurisdiction including Caltrans counties cities special districts other utilities and the FAA as required
2 MID will obtain any necessary encroachment permits inspections or other approvals from agencies with jurisdiction
2A MID will obtain any necessary approvals and inspections from agencies with jurisdiction
2B MID shall coordinate the design and construction and shall obtain any necessary permits from the County City or State prior to placing any facilities within the public road rights-of-way of those agencies and shall conform to applicable conditions in the encroachment permit
3 MID will utilize all necessary precautions to minimize safety concerns when working within public road rights-of-way Traffic safety cones construction signage or other measures will be used to alert drivers to construction activities
4 Electrical facilities placed within public rights-of-way will comply with applicable standards for avoiding hazards to drivers pedestrians and bicyclists
Less than Significant
Mitigation Measure 417-1b Applicant Construction Traffic Management and Safety Plan Prior to the start of construction (and subsequently decommissioning) of the Project the Applicant shall prepare and implement a Traffic Management and Safety Plan that shall reduce or eliminate impacts associated with the Project The Plan shall adhere to Stanislaus County and Caltrans requirements and shall include at a minimum the following elements
a) Schedule Project-generated construction truck trips on SR 99 SR 108 and SR 219 outside the peak morning and evening commute hours to reduce potential traffic congestion and reduce potential for transit delays during the peak commute periods
107
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-17 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Transportation and Traffic (cont)
Impact 417-1 (cont) b) Comply with transportation permit requirements of Caltrans and CHP when scheduling Project-generated construction truck trips carrying oversized loads In addition provide pre-notification to local police fire and emergency service providers of the timing location and duration of construction activities that could affect the movement of emergency vehicles on area roadways
c) Place signs (eg ldquoSlow Trucksrdquo andor ldquoTrucks Turning Aheadrdquo) along appropriate roads to notify drivers of construction traffic throughout the duration of the construction period
Impact 417-2 The Project could conflict with established congestion management programs on affected roads or highways
Less than Significant
None required
Impact 417-3 Project construction and decommissioning activities could substantially increase traffic hazards due to construction in or adjacent to roads
Potentially Significant
Mitigation Measure 417-3 Implement Mitigation Measures 417-1a and 417-1b Less than Significant
Impact 417-4 The Project could result in inadequate emergency access
Potentially Significant
Mitigation Measure 417-4 Develop an Emergency Access Plan for the Site The Applicant shall develop and implement an Emergency Access Plan which shall include evacuation routes and strategies to ensure accessibility and mobility for project area and emergency vehicles Additional measures include developing an emergency action plan that identifies roles and responsibilities during emergencies and to update the plan regularly
Less than Significant
Utilities and Service Systems
Impact 418-1 The proposed Project would require or result in the construction of new stormwater drainage facilities the construction of which could cause significant environmental effects
Less than Significant
None required
108
109
110
REFERRED TO
YE
S
NO
WILL NOT
HAVE
SIGNIFICANT
IMPACT
MAY HAVE
SIGNIFICANT
IMPACT
NO COMMENT
NON CEQA YE
S
NO
YE
S
NO
AGRICULTURE COMMISSIONER X
AIRPORT LAND USE COMMISSION X
ALLIANCE X
BUILDING PERMITS DIVISION X X X
CALTRANS DISTRICT 10 X
CHIEF EXECUTIVE OFFICE X
CITY OF RIVERBANK X
COOPERATIVE EXTENSION X
CORPS OF ENGINEERS X
COUNTY COUNSEL X
ENVIRONMENTAL RESOURCES X X X
FIRE PROTECTION DIST STANISLAUS
CONSOLIDATED X X X
FISH amp GAME DEPT OF X
HAZARDOUS MATERIALS X
IRRIGATION DISTRICT MODESTO X X X
LAFCO X
MODESTO REGIONAL FIRE AUTHORITY FPB X
MOSQUITO DISTRICT EASTSIDE X
MT VALLEY EMERGENCY MEDICAL X
PACIFIC GAS amp ELECTRIC X
PUBLIC WORKS X X X
REGIONAL WATER QUALITY CONTROL X
SAN JOAQUIN VALLEY APCD X
SCHOOL DISTRICT 1 MODESTO X X X
SCHOOL DISTRICT 2 STANISLAUS X
SHERIFF X
StanCOG X
STANISLAUS COUNTY FARM BUREAU X
STANISLAUS ERC X
STATE CLEARINGHOUSE X
STATE LANDS COMMISSION X
SUPERVISORIAL DISTRICT 4 MONTEITH X
SURROUNDING LAND OWNERS
TELEPHONE COMPANY ATampT X
UNITED STATES MILITARY AGENCIES (SB 1462) (5 agencies) X
US FISH amp WILDLIFE X
X
X
SUMMARY OF RESPONSES FOR USE PERMIT REVIEW REFERRALS
RESPONDED RESPONSEMITIGATION
MEASURESCONDITIONS
PROJECT USE PERMIT APPLICATION NO 2011-10 - McHENRY SOLAR FARM
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
RESPONSIBLE
AGENCY REFERRAL
PUBLIC HEARING
NOTICE
X
X
X
X
X
X
X
X
X
111
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-11 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Biological Resources (cont)
Impact 44-3 Project activities could impact other tree-nesting raptors andor protected nesting migratory birds
Potentially Significant
Mitigation Measure 44-3 Preconstruction Raptor Surveys (Applicant) If Project-related construction andor decommissioning activities are to occur during the breeding period for nesting raptors andor protected nesting migratory birds (February 1 through August 31) the Applicant shall engage a qualified biologist to conduct preconstruction surveys of all potential habitat within 500 feet of the Project site no more than 14 days prior to the start of construction or decommissioning activities If active nests are not identified no further action is necessary If active nests are identified during preconstruction surveys a no-disturbance buffer shall be created around active raptor nests and nests of other special-status birds during the breeding season or until it is determined by the qualified biologist that all young have fledged Typical buffers are 500 feet for raptors and 250 feet for other nesting birds (eg waterfowl and passerine birds) The size of these buffer zones and types of construction or decommissioning activities allowed in these areas could be further modified in coordination with CDFG and shall be based on existing noise and disturbance levels in the Project area
Less than Significant
Impact 44-4 Project activities could result in potential disturbance or loss of burrowing owls and their habitat
Potentially Significant
Mitigation Measure 44-4a Preconstruction Burrowing Owl Surveys (Applicant) The Applicant shall engage a qualified biologist to conduct preconstruction surveys for burrowing owls 14 to 30 days prior to the start of construction or decommissioning using the most current CDFG protocol Surveys shall cover grassland areas within a 500-foot buffer from all Project constructiondecommissioning activities that are within suitable grasslands habitat including checking for adult and juvenile burrowing owls and owl nests If owls are detected during surveys occupied burrows shall not be disturbed
Constructiondecommissioning exclusion areas (eg orange exclusion fence or signage) shall be established around the occupied burrows where no disturbance shall be allowed During the nonbreeding season (September 1 through January 31) the exclusion zone shall extend 160 feet around occupied burrows During the breeding season (February 1 through August 31) exclusion areas shall extend 250 feet around occupied burrows
If the above requirements cannot be met passive relocation of on-site owls may be implemented as an alternative but only during the nonbreeding season and only with prior CDFG approval Passive relocation shall be accomplished by installing one-way doors on the entrances of burrows located within 160 feet of the Project area The one-way doors shall be left in place for 48 hours to ensure the owls have left the burrow The burrows shall then be excavated with a qualified biologist present Constructiondecommissioning shall not proceed until the Project area is deemed free of owls by the qualified biologist
Less than Significant
Mitigation Measure 44-4b Preconstruction Burrowing Owl Surveys (MID) Prior to construction MID shall conduct pre-construction surveys for burrowing owl for the sub-transmissiondistribution line and fiber optic cable alignment These surveys shall be conducted using the most up-to-date CDFG published protocols (eg CDFGs 1995 Staff Report on Burrowing Owl Mitigation) If owls are detected during surveys occupied burrows shall not be disturbed
102
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-12 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Cultural and Paleontological Resources
Impact 45-1 The proposed Project could potentially cause an adverse change in the significance of a unique archaeological resource pursuant to sect150645
Potentially Significant
Mitigation Measure 45-1 If Cultural Resources are Discovered During Ground-Disturbing Activities Suspend Work until Resource is Evaluated Prior to the initiation of site preparation or start of construction (and subsequently decommissioning) the Applicant shall retain a qualified professional archaeologist to complete an archaeological resources training program for construction workers involved in grading and excavation activities Training shall include awareness and recognition of archaeological materials and the procedures to follow if construction crews encounter such materials in the course of earthwork excavation or grading If archaeological resources are encountered all activity within 50 feet of the find shall cease until it can be evaluated by a qualified archaeologist Prehistoric archaeological materials could include obsidian and chert flaked-stone tools (eg projectile points knives scrapers) or toolmaking debris culturally darkened soil (ldquomiddenrdquo) containing heat-affected rocks artifacts or shellfish remains and stone milling equipment (eg mortars pestles handstones or milling slabs) and battered stone tools such as hammerstones and pitted stones Historic-period materials could include stone concrete or adobe footings and walls filled wells or privies and deposits of metal glass andor ceramic refuse The archaeologist shall notify the Applicant and MID if the resource may be significant An appropriate treatment plan for the resources shall then be developed by the Applicant for approval by MID The archaeologist shall consult with Native American representatives in determining appropriate treatment for prehistoric or Native American cultural resources if discovered
In considering any suggested mitigation proposed by the archaeologist the Applicant and MID shall determine whether avoidance is feasible in light of factors such as the nature of the find project design costs and other considerations If avoidance is not feasible other appropriate measures (eg data recovery) shall be instituted Work may proceed in other parts of the Project site while mitigation for cultural resources in other areas of the site is being carried out
Less than Significant
Impact 45-2 The proposed Project could potentially destroy a unique paleontological resource or site or unique geologic feature
Potentially Significant
Mitigation Measure 45-2 If Paleontological Resources are Discovered During Ground-Disturbing Activities Suspend Work until Resource is Evaluated Prior to the initiation of site preparation or start of construction (and subsequently decommissioning) the Applicant shall retain a qualified professional paleontologist or a California Registered Professional Geologist (California RPG) with appropriate paleontological expertise as defined by the Society of Vertebrate Paleontologyrsquos Conformable Impact Mitigation Guidelines Committee (SVP 1995 Guidelines) to carry out a paleontological resources training program for construction workers involved in grading and excavation activities Training shall include awareness and recognition of potential fossil materials and the procedures to follow if construction crews encounter fossil materials in the course of earthwork excavation or grading If construction crews discover potential fossils all earthwork or other types of ground disturbance within 50 feet of the find shall stop immediately until the qualified professional paleontologist can assess the nature and importance of the find Based on the scientific value or uniqueness of the find the monitor may record the find and allow work to continue or recommend salvage and recovery of the fossil The Applicant shall require the paleontologist to be ldquoon-callrdquo throughout the duration of ground-disturbing activities
Less than Significant
103
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-13 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Cultural and Paleontological Resources (cont)
Impact 45-3 The proposed Project could potentially disturb any human remains including those interred outside of formal cemeteries
Potentially Significant
Mitigation Measure 45-3 Halt Work if Human Skeletal Remains are Identified During Construction If human skeletal remains are uncovered during Project construction (and subsequently decommissioning) work shall immediately halt within 100 feet of the find The Applicant shall contact the Stanislaus County Coroner to evaluate the remains and shall follow the procedures and protocols set forth in sect150645(e)(1) of the CEQA Guidelines If the County Coroner determines that the remains are Native American the Applicant shall contact the Native American Heritage Commission in accordance with Health and Safety Code Section 70505 subdivision (c) and Public Resources Code 509798 (as amended by AB 2641) The Native American Heritage Commission will designate a Most Likely Descendent of the deceased Native American who will provide recommendations as to the future disposition of the remains
Less than Significant
Energy Conservation
Impact 46-1 The construction operation and maintenance and decommissioning of the Project could result in consumption of energy
Less than Significant
None required
Impact 46-2 Construction operation and maintenance and decommissioning of the Project would require use of transportation energy
Less than Significant
None required
Impact 46-3 The Projectrsquos overall use of efficient transportation alternatives would be limited
Less than Significant
None required
Geology and Soils
Impact 47-1 The Project could expose people or structures to potential adverse effects including the risk of loss injury or death involving strong seismic ground shaking and earthquake-induced ground failure (such as liquefaction and lateral spreading)
Less than Significant
None required
Impact 47-2 The Project could result in soil erosion or loss of topsoil
Less than Significant
None required
Impact 47-3 The Project could be located on expansive soil as defined in Table 18-1-B of the Uniform Building Code (1994) creating risks to life or property
Less than Significant
None required
104
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-14 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Geology and Soils (cont)
Impact 47-4 The Project site could have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater
Less than Significant
None required
Greenhouse Gas Emissions
Impact 48-1 The Project would result in emissions of greenhouse gases that would contribute to global climate change
Less than Significant
None required
Impact 48-2 The Project could conflict with the California Air Resources Boardrsquos Climate Change Scoping Plan
Potentially Significant
Mitigation Measure 48-2 Low SF6 Leak Rate Circuit Breaker and Monitoring The Applicant shall ensure that the circuit breaker installed at the proposed new substation has a guaranteed SF6 annual leak rate of no more than 05 percent by volume The Applicant shall provide Modesto Irrigation District with documentation of compliance such as specification sheets prior to installation of the circuit breaker In addition the Applicant shall monitor the SF6-containing circuit breaker at the substation consistent with Scoping Plan Measure H-6 for the detection and repair of leaks
Less than Significant
Hazards and Hazardous Materials
Impact 49-1 Project construction decommissioning and operationmaintenance could create a hazard to the public or the environment through the routine transport use or disposal of hazardous materials
Less than Significant
None required
Impact 49-2 The Project could result in an accidental spill or leak during construction or decommissioning that could release hazardous materials into the environment
Potentially Significant
Mitigation Measure 49-2 Accidental Spill Prevention and Response Plan The Applicant shall prepare an Accidental Spill Prevention and Response Plan for construction and decommissioning activities for review and approval by Modesto Irrigation District The plan shall identify measures to prevent accidental spills from leaving the site and methods for responding to and cleaning up spills to limit the amount of materials released into the environment Such measures shall include but not be limited to ensuring that absorbent material tarps storage drums and other emergency spill supplies and equipment are kept at the Project site at all times
Less than Significant
Hydrology and Water Quality
Impact 410-1 The Project could potentially degrade water quality such that it could violate water quality standards or waste discharge requirements
Less than Significant
None required
105
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-15 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Hydrology and Water Quality (cont)
Impact 410-2 The Project could alter the existing drainage pattern of the site in a manner that could result in erosion or sedimentation on- or off-site or which could contribute to flooding
Less than Significant
None required
Impact 410-3 The Project could create or contribute runoff water that could exceed the capacity of existing or planned stormwater drainage systems or provide additional sources of polluted runoff
Less than Significant
None required
Impact 410-4 The Project could expose people or structures to a risk of loss injury or death involving flooding including flooding as a result of the failure of a levee or dam
Less than Significant
None required
Land Use and Planning
The Project would have no impacts in this resource area
Mineral Resources
The Project would have no impacts in this resource area
Noise
Impact 413-1 Project-related post driving would result in exposure of persons to groundborne vibration
Less than Significant
None required
Impact 413-2 Operation and maintenance of the Project would increase local ambient noise levels
Less than Significant
None required
Impact 413-3 Project construction and decommissioning activities would temporarily increase local ambient noise levels
Less than Significant
None required
Population and Housing
The Project would have no impacts in this resource area
106
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-16 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Public Services
The Project would have no impacts in this resource area
Recreation
The Project would have no impacts in this resource area
Transportation and Traffic
Impact 417-1 Project construction and decommissioning activities could intermittently and temporarily increase traffic congestion due to vehicle trips generated by construction workers and construction vehicles on area roadways
Potentially Significant
Mitigation Measure 417-1a MID Traffic Control Measures During construction and decommissioning of the sub-transmission and distribution lines and fiber optic cable MID shall implement the following traffic mitigation measures from the 2006 PEIR Update (2006 PEIR Update p 10-6)
1 MID will coordinate design and construction of program facilities with the agencies with jurisdiction including Caltrans counties cities special districts other utilities and the FAA as required
2 MID will obtain any necessary encroachment permits inspections or other approvals from agencies with jurisdiction
2A MID will obtain any necessary approvals and inspections from agencies with jurisdiction
2B MID shall coordinate the design and construction and shall obtain any necessary permits from the County City or State prior to placing any facilities within the public road rights-of-way of those agencies and shall conform to applicable conditions in the encroachment permit
3 MID will utilize all necessary precautions to minimize safety concerns when working within public road rights-of-way Traffic safety cones construction signage or other measures will be used to alert drivers to construction activities
4 Electrical facilities placed within public rights-of-way will comply with applicable standards for avoiding hazards to drivers pedestrians and bicyclists
Less than Significant
Mitigation Measure 417-1b Applicant Construction Traffic Management and Safety Plan Prior to the start of construction (and subsequently decommissioning) of the Project the Applicant shall prepare and implement a Traffic Management and Safety Plan that shall reduce or eliminate impacts associated with the Project The Plan shall adhere to Stanislaus County and Caltrans requirements and shall include at a minimum the following elements
a) Schedule Project-generated construction truck trips on SR 99 SR 108 and SR 219 outside the peak morning and evening commute hours to reduce potential traffic congestion and reduce potential for transit delays during the peak commute periods
107
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-17 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Transportation and Traffic (cont)
Impact 417-1 (cont) b) Comply with transportation permit requirements of Caltrans and CHP when scheduling Project-generated construction truck trips carrying oversized loads In addition provide pre-notification to local police fire and emergency service providers of the timing location and duration of construction activities that could affect the movement of emergency vehicles on area roadways
c) Place signs (eg ldquoSlow Trucksrdquo andor ldquoTrucks Turning Aheadrdquo) along appropriate roads to notify drivers of construction traffic throughout the duration of the construction period
Impact 417-2 The Project could conflict with established congestion management programs on affected roads or highways
Less than Significant
None required
Impact 417-3 Project construction and decommissioning activities could substantially increase traffic hazards due to construction in or adjacent to roads
Potentially Significant
Mitigation Measure 417-3 Implement Mitigation Measures 417-1a and 417-1b Less than Significant
Impact 417-4 The Project could result in inadequate emergency access
Potentially Significant
Mitigation Measure 417-4 Develop an Emergency Access Plan for the Site The Applicant shall develop and implement an Emergency Access Plan which shall include evacuation routes and strategies to ensure accessibility and mobility for project area and emergency vehicles Additional measures include developing an emergency action plan that identifies roles and responsibilities during emergencies and to update the plan regularly
Less than Significant
Utilities and Service Systems
Impact 418-1 The proposed Project would require or result in the construction of new stormwater drainage facilities the construction of which could cause significant environmental effects
Less than Significant
None required
108
109
110
REFERRED TO
YE
S
NO
WILL NOT
HAVE
SIGNIFICANT
IMPACT
MAY HAVE
SIGNIFICANT
IMPACT
NO COMMENT
NON CEQA YE
S
NO
YE
S
NO
AGRICULTURE COMMISSIONER X
AIRPORT LAND USE COMMISSION X
ALLIANCE X
BUILDING PERMITS DIVISION X X X
CALTRANS DISTRICT 10 X
CHIEF EXECUTIVE OFFICE X
CITY OF RIVERBANK X
COOPERATIVE EXTENSION X
CORPS OF ENGINEERS X
COUNTY COUNSEL X
ENVIRONMENTAL RESOURCES X X X
FIRE PROTECTION DIST STANISLAUS
CONSOLIDATED X X X
FISH amp GAME DEPT OF X
HAZARDOUS MATERIALS X
IRRIGATION DISTRICT MODESTO X X X
LAFCO X
MODESTO REGIONAL FIRE AUTHORITY FPB X
MOSQUITO DISTRICT EASTSIDE X
MT VALLEY EMERGENCY MEDICAL X
PACIFIC GAS amp ELECTRIC X
PUBLIC WORKS X X X
REGIONAL WATER QUALITY CONTROL X
SAN JOAQUIN VALLEY APCD X
SCHOOL DISTRICT 1 MODESTO X X X
SCHOOL DISTRICT 2 STANISLAUS X
SHERIFF X
StanCOG X
STANISLAUS COUNTY FARM BUREAU X
STANISLAUS ERC X
STATE CLEARINGHOUSE X
STATE LANDS COMMISSION X
SUPERVISORIAL DISTRICT 4 MONTEITH X
SURROUNDING LAND OWNERS
TELEPHONE COMPANY ATampT X
UNITED STATES MILITARY AGENCIES (SB 1462) (5 agencies) X
US FISH amp WILDLIFE X
X
X
SUMMARY OF RESPONSES FOR USE PERMIT REVIEW REFERRALS
RESPONDED RESPONSEMITIGATION
MEASURESCONDITIONS
PROJECT USE PERMIT APPLICATION NO 2011-10 - McHENRY SOLAR FARM
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
RESPONSIBLE
AGENCY REFERRAL
PUBLIC HEARING
NOTICE
X
X
X
X
X
X
X
X
X
111
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-12 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Cultural and Paleontological Resources
Impact 45-1 The proposed Project could potentially cause an adverse change in the significance of a unique archaeological resource pursuant to sect150645
Potentially Significant
Mitigation Measure 45-1 If Cultural Resources are Discovered During Ground-Disturbing Activities Suspend Work until Resource is Evaluated Prior to the initiation of site preparation or start of construction (and subsequently decommissioning) the Applicant shall retain a qualified professional archaeologist to complete an archaeological resources training program for construction workers involved in grading and excavation activities Training shall include awareness and recognition of archaeological materials and the procedures to follow if construction crews encounter such materials in the course of earthwork excavation or grading If archaeological resources are encountered all activity within 50 feet of the find shall cease until it can be evaluated by a qualified archaeologist Prehistoric archaeological materials could include obsidian and chert flaked-stone tools (eg projectile points knives scrapers) or toolmaking debris culturally darkened soil (ldquomiddenrdquo) containing heat-affected rocks artifacts or shellfish remains and stone milling equipment (eg mortars pestles handstones or milling slabs) and battered stone tools such as hammerstones and pitted stones Historic-period materials could include stone concrete or adobe footings and walls filled wells or privies and deposits of metal glass andor ceramic refuse The archaeologist shall notify the Applicant and MID if the resource may be significant An appropriate treatment plan for the resources shall then be developed by the Applicant for approval by MID The archaeologist shall consult with Native American representatives in determining appropriate treatment for prehistoric or Native American cultural resources if discovered
In considering any suggested mitigation proposed by the archaeologist the Applicant and MID shall determine whether avoidance is feasible in light of factors such as the nature of the find project design costs and other considerations If avoidance is not feasible other appropriate measures (eg data recovery) shall be instituted Work may proceed in other parts of the Project site while mitigation for cultural resources in other areas of the site is being carried out
Less than Significant
Impact 45-2 The proposed Project could potentially destroy a unique paleontological resource or site or unique geologic feature
Potentially Significant
Mitigation Measure 45-2 If Paleontological Resources are Discovered During Ground-Disturbing Activities Suspend Work until Resource is Evaluated Prior to the initiation of site preparation or start of construction (and subsequently decommissioning) the Applicant shall retain a qualified professional paleontologist or a California Registered Professional Geologist (California RPG) with appropriate paleontological expertise as defined by the Society of Vertebrate Paleontologyrsquos Conformable Impact Mitigation Guidelines Committee (SVP 1995 Guidelines) to carry out a paleontological resources training program for construction workers involved in grading and excavation activities Training shall include awareness and recognition of potential fossil materials and the procedures to follow if construction crews encounter fossil materials in the course of earthwork excavation or grading If construction crews discover potential fossils all earthwork or other types of ground disturbance within 50 feet of the find shall stop immediately until the qualified professional paleontologist can assess the nature and importance of the find Based on the scientific value or uniqueness of the find the monitor may record the find and allow work to continue or recommend salvage and recovery of the fossil The Applicant shall require the paleontologist to be ldquoon-callrdquo throughout the duration of ground-disturbing activities
Less than Significant
103
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-13 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Cultural and Paleontological Resources (cont)
Impact 45-3 The proposed Project could potentially disturb any human remains including those interred outside of formal cemeteries
Potentially Significant
Mitigation Measure 45-3 Halt Work if Human Skeletal Remains are Identified During Construction If human skeletal remains are uncovered during Project construction (and subsequently decommissioning) work shall immediately halt within 100 feet of the find The Applicant shall contact the Stanislaus County Coroner to evaluate the remains and shall follow the procedures and protocols set forth in sect150645(e)(1) of the CEQA Guidelines If the County Coroner determines that the remains are Native American the Applicant shall contact the Native American Heritage Commission in accordance with Health and Safety Code Section 70505 subdivision (c) and Public Resources Code 509798 (as amended by AB 2641) The Native American Heritage Commission will designate a Most Likely Descendent of the deceased Native American who will provide recommendations as to the future disposition of the remains
Less than Significant
Energy Conservation
Impact 46-1 The construction operation and maintenance and decommissioning of the Project could result in consumption of energy
Less than Significant
None required
Impact 46-2 Construction operation and maintenance and decommissioning of the Project would require use of transportation energy
Less than Significant
None required
Impact 46-3 The Projectrsquos overall use of efficient transportation alternatives would be limited
Less than Significant
None required
Geology and Soils
Impact 47-1 The Project could expose people or structures to potential adverse effects including the risk of loss injury or death involving strong seismic ground shaking and earthquake-induced ground failure (such as liquefaction and lateral spreading)
Less than Significant
None required
Impact 47-2 The Project could result in soil erosion or loss of topsoil
Less than Significant
None required
Impact 47-3 The Project could be located on expansive soil as defined in Table 18-1-B of the Uniform Building Code (1994) creating risks to life or property
Less than Significant
None required
104
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-14 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Geology and Soils (cont)
Impact 47-4 The Project site could have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater
Less than Significant
None required
Greenhouse Gas Emissions
Impact 48-1 The Project would result in emissions of greenhouse gases that would contribute to global climate change
Less than Significant
None required
Impact 48-2 The Project could conflict with the California Air Resources Boardrsquos Climate Change Scoping Plan
Potentially Significant
Mitigation Measure 48-2 Low SF6 Leak Rate Circuit Breaker and Monitoring The Applicant shall ensure that the circuit breaker installed at the proposed new substation has a guaranteed SF6 annual leak rate of no more than 05 percent by volume The Applicant shall provide Modesto Irrigation District with documentation of compliance such as specification sheets prior to installation of the circuit breaker In addition the Applicant shall monitor the SF6-containing circuit breaker at the substation consistent with Scoping Plan Measure H-6 for the detection and repair of leaks
Less than Significant
Hazards and Hazardous Materials
Impact 49-1 Project construction decommissioning and operationmaintenance could create a hazard to the public or the environment through the routine transport use or disposal of hazardous materials
Less than Significant
None required
Impact 49-2 The Project could result in an accidental spill or leak during construction or decommissioning that could release hazardous materials into the environment
Potentially Significant
Mitigation Measure 49-2 Accidental Spill Prevention and Response Plan The Applicant shall prepare an Accidental Spill Prevention and Response Plan for construction and decommissioning activities for review and approval by Modesto Irrigation District The plan shall identify measures to prevent accidental spills from leaving the site and methods for responding to and cleaning up spills to limit the amount of materials released into the environment Such measures shall include but not be limited to ensuring that absorbent material tarps storage drums and other emergency spill supplies and equipment are kept at the Project site at all times
Less than Significant
Hydrology and Water Quality
Impact 410-1 The Project could potentially degrade water quality such that it could violate water quality standards or waste discharge requirements
Less than Significant
None required
105
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-15 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Hydrology and Water Quality (cont)
Impact 410-2 The Project could alter the existing drainage pattern of the site in a manner that could result in erosion or sedimentation on- or off-site or which could contribute to flooding
Less than Significant
None required
Impact 410-3 The Project could create or contribute runoff water that could exceed the capacity of existing or planned stormwater drainage systems or provide additional sources of polluted runoff
Less than Significant
None required
Impact 410-4 The Project could expose people or structures to a risk of loss injury or death involving flooding including flooding as a result of the failure of a levee or dam
Less than Significant
None required
Land Use and Planning
The Project would have no impacts in this resource area
Mineral Resources
The Project would have no impacts in this resource area
Noise
Impact 413-1 Project-related post driving would result in exposure of persons to groundborne vibration
Less than Significant
None required
Impact 413-2 Operation and maintenance of the Project would increase local ambient noise levels
Less than Significant
None required
Impact 413-3 Project construction and decommissioning activities would temporarily increase local ambient noise levels
Less than Significant
None required
Population and Housing
The Project would have no impacts in this resource area
106
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-16 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Public Services
The Project would have no impacts in this resource area
Recreation
The Project would have no impacts in this resource area
Transportation and Traffic
Impact 417-1 Project construction and decommissioning activities could intermittently and temporarily increase traffic congestion due to vehicle trips generated by construction workers and construction vehicles on area roadways
Potentially Significant
Mitigation Measure 417-1a MID Traffic Control Measures During construction and decommissioning of the sub-transmission and distribution lines and fiber optic cable MID shall implement the following traffic mitigation measures from the 2006 PEIR Update (2006 PEIR Update p 10-6)
1 MID will coordinate design and construction of program facilities with the agencies with jurisdiction including Caltrans counties cities special districts other utilities and the FAA as required
2 MID will obtain any necessary encroachment permits inspections or other approvals from agencies with jurisdiction
2A MID will obtain any necessary approvals and inspections from agencies with jurisdiction
2B MID shall coordinate the design and construction and shall obtain any necessary permits from the County City or State prior to placing any facilities within the public road rights-of-way of those agencies and shall conform to applicable conditions in the encroachment permit
3 MID will utilize all necessary precautions to minimize safety concerns when working within public road rights-of-way Traffic safety cones construction signage or other measures will be used to alert drivers to construction activities
4 Electrical facilities placed within public rights-of-way will comply with applicable standards for avoiding hazards to drivers pedestrians and bicyclists
Less than Significant
Mitigation Measure 417-1b Applicant Construction Traffic Management and Safety Plan Prior to the start of construction (and subsequently decommissioning) of the Project the Applicant shall prepare and implement a Traffic Management and Safety Plan that shall reduce or eliminate impacts associated with the Project The Plan shall adhere to Stanislaus County and Caltrans requirements and shall include at a minimum the following elements
a) Schedule Project-generated construction truck trips on SR 99 SR 108 and SR 219 outside the peak morning and evening commute hours to reduce potential traffic congestion and reduce potential for transit delays during the peak commute periods
107
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-17 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Transportation and Traffic (cont)
Impact 417-1 (cont) b) Comply with transportation permit requirements of Caltrans and CHP when scheduling Project-generated construction truck trips carrying oversized loads In addition provide pre-notification to local police fire and emergency service providers of the timing location and duration of construction activities that could affect the movement of emergency vehicles on area roadways
c) Place signs (eg ldquoSlow Trucksrdquo andor ldquoTrucks Turning Aheadrdquo) along appropriate roads to notify drivers of construction traffic throughout the duration of the construction period
Impact 417-2 The Project could conflict with established congestion management programs on affected roads or highways
Less than Significant
None required
Impact 417-3 Project construction and decommissioning activities could substantially increase traffic hazards due to construction in or adjacent to roads
Potentially Significant
Mitigation Measure 417-3 Implement Mitigation Measures 417-1a and 417-1b Less than Significant
Impact 417-4 The Project could result in inadequate emergency access
Potentially Significant
Mitigation Measure 417-4 Develop an Emergency Access Plan for the Site The Applicant shall develop and implement an Emergency Access Plan which shall include evacuation routes and strategies to ensure accessibility and mobility for project area and emergency vehicles Additional measures include developing an emergency action plan that identifies roles and responsibilities during emergencies and to update the plan regularly
Less than Significant
Utilities and Service Systems
Impact 418-1 The proposed Project would require or result in the construction of new stormwater drainage facilities the construction of which could cause significant environmental effects
Less than Significant
None required
108
109
110
REFERRED TO
YE
S
NO
WILL NOT
HAVE
SIGNIFICANT
IMPACT
MAY HAVE
SIGNIFICANT
IMPACT
NO COMMENT
NON CEQA YE
S
NO
YE
S
NO
AGRICULTURE COMMISSIONER X
AIRPORT LAND USE COMMISSION X
ALLIANCE X
BUILDING PERMITS DIVISION X X X
CALTRANS DISTRICT 10 X
CHIEF EXECUTIVE OFFICE X
CITY OF RIVERBANK X
COOPERATIVE EXTENSION X
CORPS OF ENGINEERS X
COUNTY COUNSEL X
ENVIRONMENTAL RESOURCES X X X
FIRE PROTECTION DIST STANISLAUS
CONSOLIDATED X X X
FISH amp GAME DEPT OF X
HAZARDOUS MATERIALS X
IRRIGATION DISTRICT MODESTO X X X
LAFCO X
MODESTO REGIONAL FIRE AUTHORITY FPB X
MOSQUITO DISTRICT EASTSIDE X
MT VALLEY EMERGENCY MEDICAL X
PACIFIC GAS amp ELECTRIC X
PUBLIC WORKS X X X
REGIONAL WATER QUALITY CONTROL X
SAN JOAQUIN VALLEY APCD X
SCHOOL DISTRICT 1 MODESTO X X X
SCHOOL DISTRICT 2 STANISLAUS X
SHERIFF X
StanCOG X
STANISLAUS COUNTY FARM BUREAU X
STANISLAUS ERC X
STATE CLEARINGHOUSE X
STATE LANDS COMMISSION X
SUPERVISORIAL DISTRICT 4 MONTEITH X
SURROUNDING LAND OWNERS
TELEPHONE COMPANY ATampT X
UNITED STATES MILITARY AGENCIES (SB 1462) (5 agencies) X
US FISH amp WILDLIFE X
X
X
SUMMARY OF RESPONSES FOR USE PERMIT REVIEW REFERRALS
RESPONDED RESPONSEMITIGATION
MEASURESCONDITIONS
PROJECT USE PERMIT APPLICATION NO 2011-10 - McHENRY SOLAR FARM
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
RESPONSIBLE
AGENCY REFERRAL
PUBLIC HEARING
NOTICE
X
X
X
X
X
X
X
X
X
111
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-13 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Cultural and Paleontological Resources (cont)
Impact 45-3 The proposed Project could potentially disturb any human remains including those interred outside of formal cemeteries
Potentially Significant
Mitigation Measure 45-3 Halt Work if Human Skeletal Remains are Identified During Construction If human skeletal remains are uncovered during Project construction (and subsequently decommissioning) work shall immediately halt within 100 feet of the find The Applicant shall contact the Stanislaus County Coroner to evaluate the remains and shall follow the procedures and protocols set forth in sect150645(e)(1) of the CEQA Guidelines If the County Coroner determines that the remains are Native American the Applicant shall contact the Native American Heritage Commission in accordance with Health and Safety Code Section 70505 subdivision (c) and Public Resources Code 509798 (as amended by AB 2641) The Native American Heritage Commission will designate a Most Likely Descendent of the deceased Native American who will provide recommendations as to the future disposition of the remains
Less than Significant
Energy Conservation
Impact 46-1 The construction operation and maintenance and decommissioning of the Project could result in consumption of energy
Less than Significant
None required
Impact 46-2 Construction operation and maintenance and decommissioning of the Project would require use of transportation energy
Less than Significant
None required
Impact 46-3 The Projectrsquos overall use of efficient transportation alternatives would be limited
Less than Significant
None required
Geology and Soils
Impact 47-1 The Project could expose people or structures to potential adverse effects including the risk of loss injury or death involving strong seismic ground shaking and earthquake-induced ground failure (such as liquefaction and lateral spreading)
Less than Significant
None required
Impact 47-2 The Project could result in soil erosion or loss of topsoil
Less than Significant
None required
Impact 47-3 The Project could be located on expansive soil as defined in Table 18-1-B of the Uniform Building Code (1994) creating risks to life or property
Less than Significant
None required
104
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-14 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Geology and Soils (cont)
Impact 47-4 The Project site could have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater
Less than Significant
None required
Greenhouse Gas Emissions
Impact 48-1 The Project would result in emissions of greenhouse gases that would contribute to global climate change
Less than Significant
None required
Impact 48-2 The Project could conflict with the California Air Resources Boardrsquos Climate Change Scoping Plan
Potentially Significant
Mitigation Measure 48-2 Low SF6 Leak Rate Circuit Breaker and Monitoring The Applicant shall ensure that the circuit breaker installed at the proposed new substation has a guaranteed SF6 annual leak rate of no more than 05 percent by volume The Applicant shall provide Modesto Irrigation District with documentation of compliance such as specification sheets prior to installation of the circuit breaker In addition the Applicant shall monitor the SF6-containing circuit breaker at the substation consistent with Scoping Plan Measure H-6 for the detection and repair of leaks
Less than Significant
Hazards and Hazardous Materials
Impact 49-1 Project construction decommissioning and operationmaintenance could create a hazard to the public or the environment through the routine transport use or disposal of hazardous materials
Less than Significant
None required
Impact 49-2 The Project could result in an accidental spill or leak during construction or decommissioning that could release hazardous materials into the environment
Potentially Significant
Mitigation Measure 49-2 Accidental Spill Prevention and Response Plan The Applicant shall prepare an Accidental Spill Prevention and Response Plan for construction and decommissioning activities for review and approval by Modesto Irrigation District The plan shall identify measures to prevent accidental spills from leaving the site and methods for responding to and cleaning up spills to limit the amount of materials released into the environment Such measures shall include but not be limited to ensuring that absorbent material tarps storage drums and other emergency spill supplies and equipment are kept at the Project site at all times
Less than Significant
Hydrology and Water Quality
Impact 410-1 The Project could potentially degrade water quality such that it could violate water quality standards or waste discharge requirements
Less than Significant
None required
105
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-15 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Hydrology and Water Quality (cont)
Impact 410-2 The Project could alter the existing drainage pattern of the site in a manner that could result in erosion or sedimentation on- or off-site or which could contribute to flooding
Less than Significant
None required
Impact 410-3 The Project could create or contribute runoff water that could exceed the capacity of existing or planned stormwater drainage systems or provide additional sources of polluted runoff
Less than Significant
None required
Impact 410-4 The Project could expose people or structures to a risk of loss injury or death involving flooding including flooding as a result of the failure of a levee or dam
Less than Significant
None required
Land Use and Planning
The Project would have no impacts in this resource area
Mineral Resources
The Project would have no impacts in this resource area
Noise
Impact 413-1 Project-related post driving would result in exposure of persons to groundborne vibration
Less than Significant
None required
Impact 413-2 Operation and maintenance of the Project would increase local ambient noise levels
Less than Significant
None required
Impact 413-3 Project construction and decommissioning activities would temporarily increase local ambient noise levels
Less than Significant
None required
Population and Housing
The Project would have no impacts in this resource area
106
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-16 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Public Services
The Project would have no impacts in this resource area
Recreation
The Project would have no impacts in this resource area
Transportation and Traffic
Impact 417-1 Project construction and decommissioning activities could intermittently and temporarily increase traffic congestion due to vehicle trips generated by construction workers and construction vehicles on area roadways
Potentially Significant
Mitigation Measure 417-1a MID Traffic Control Measures During construction and decommissioning of the sub-transmission and distribution lines and fiber optic cable MID shall implement the following traffic mitigation measures from the 2006 PEIR Update (2006 PEIR Update p 10-6)
1 MID will coordinate design and construction of program facilities with the agencies with jurisdiction including Caltrans counties cities special districts other utilities and the FAA as required
2 MID will obtain any necessary encroachment permits inspections or other approvals from agencies with jurisdiction
2A MID will obtain any necessary approvals and inspections from agencies with jurisdiction
2B MID shall coordinate the design and construction and shall obtain any necessary permits from the County City or State prior to placing any facilities within the public road rights-of-way of those agencies and shall conform to applicable conditions in the encroachment permit
3 MID will utilize all necessary precautions to minimize safety concerns when working within public road rights-of-way Traffic safety cones construction signage or other measures will be used to alert drivers to construction activities
4 Electrical facilities placed within public rights-of-way will comply with applicable standards for avoiding hazards to drivers pedestrians and bicyclists
Less than Significant
Mitigation Measure 417-1b Applicant Construction Traffic Management and Safety Plan Prior to the start of construction (and subsequently decommissioning) of the Project the Applicant shall prepare and implement a Traffic Management and Safety Plan that shall reduce or eliminate impacts associated with the Project The Plan shall adhere to Stanislaus County and Caltrans requirements and shall include at a minimum the following elements
a) Schedule Project-generated construction truck trips on SR 99 SR 108 and SR 219 outside the peak morning and evening commute hours to reduce potential traffic congestion and reduce potential for transit delays during the peak commute periods
107
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-17 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Transportation and Traffic (cont)
Impact 417-1 (cont) b) Comply with transportation permit requirements of Caltrans and CHP when scheduling Project-generated construction truck trips carrying oversized loads In addition provide pre-notification to local police fire and emergency service providers of the timing location and duration of construction activities that could affect the movement of emergency vehicles on area roadways
c) Place signs (eg ldquoSlow Trucksrdquo andor ldquoTrucks Turning Aheadrdquo) along appropriate roads to notify drivers of construction traffic throughout the duration of the construction period
Impact 417-2 The Project could conflict with established congestion management programs on affected roads or highways
Less than Significant
None required
Impact 417-3 Project construction and decommissioning activities could substantially increase traffic hazards due to construction in or adjacent to roads
Potentially Significant
Mitigation Measure 417-3 Implement Mitigation Measures 417-1a and 417-1b Less than Significant
Impact 417-4 The Project could result in inadequate emergency access
Potentially Significant
Mitigation Measure 417-4 Develop an Emergency Access Plan for the Site The Applicant shall develop and implement an Emergency Access Plan which shall include evacuation routes and strategies to ensure accessibility and mobility for project area and emergency vehicles Additional measures include developing an emergency action plan that identifies roles and responsibilities during emergencies and to update the plan regularly
Less than Significant
Utilities and Service Systems
Impact 418-1 The proposed Project would require or result in the construction of new stormwater drainage facilities the construction of which could cause significant environmental effects
Less than Significant
None required
108
109
110
REFERRED TO
YE
S
NO
WILL NOT
HAVE
SIGNIFICANT
IMPACT
MAY HAVE
SIGNIFICANT
IMPACT
NO COMMENT
NON CEQA YE
S
NO
YE
S
NO
AGRICULTURE COMMISSIONER X
AIRPORT LAND USE COMMISSION X
ALLIANCE X
BUILDING PERMITS DIVISION X X X
CALTRANS DISTRICT 10 X
CHIEF EXECUTIVE OFFICE X
CITY OF RIVERBANK X
COOPERATIVE EXTENSION X
CORPS OF ENGINEERS X
COUNTY COUNSEL X
ENVIRONMENTAL RESOURCES X X X
FIRE PROTECTION DIST STANISLAUS
CONSOLIDATED X X X
FISH amp GAME DEPT OF X
HAZARDOUS MATERIALS X
IRRIGATION DISTRICT MODESTO X X X
LAFCO X
MODESTO REGIONAL FIRE AUTHORITY FPB X
MOSQUITO DISTRICT EASTSIDE X
MT VALLEY EMERGENCY MEDICAL X
PACIFIC GAS amp ELECTRIC X
PUBLIC WORKS X X X
REGIONAL WATER QUALITY CONTROL X
SAN JOAQUIN VALLEY APCD X
SCHOOL DISTRICT 1 MODESTO X X X
SCHOOL DISTRICT 2 STANISLAUS X
SHERIFF X
StanCOG X
STANISLAUS COUNTY FARM BUREAU X
STANISLAUS ERC X
STATE CLEARINGHOUSE X
STATE LANDS COMMISSION X
SUPERVISORIAL DISTRICT 4 MONTEITH X
SURROUNDING LAND OWNERS
TELEPHONE COMPANY ATampT X
UNITED STATES MILITARY AGENCIES (SB 1462) (5 agencies) X
US FISH amp WILDLIFE X
X
X
SUMMARY OF RESPONSES FOR USE PERMIT REVIEW REFERRALS
RESPONDED RESPONSEMITIGATION
MEASURESCONDITIONS
PROJECT USE PERMIT APPLICATION NO 2011-10 - McHENRY SOLAR FARM
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
RESPONSIBLE
AGENCY REFERRAL
PUBLIC HEARING
NOTICE
X
X
X
X
X
X
X
X
X
111
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-14 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Geology and Soils (cont)
Impact 47-4 The Project site could have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater
Less than Significant
None required
Greenhouse Gas Emissions
Impact 48-1 The Project would result in emissions of greenhouse gases that would contribute to global climate change
Less than Significant
None required
Impact 48-2 The Project could conflict with the California Air Resources Boardrsquos Climate Change Scoping Plan
Potentially Significant
Mitigation Measure 48-2 Low SF6 Leak Rate Circuit Breaker and Monitoring The Applicant shall ensure that the circuit breaker installed at the proposed new substation has a guaranteed SF6 annual leak rate of no more than 05 percent by volume The Applicant shall provide Modesto Irrigation District with documentation of compliance such as specification sheets prior to installation of the circuit breaker In addition the Applicant shall monitor the SF6-containing circuit breaker at the substation consistent with Scoping Plan Measure H-6 for the detection and repair of leaks
Less than Significant
Hazards and Hazardous Materials
Impact 49-1 Project construction decommissioning and operationmaintenance could create a hazard to the public or the environment through the routine transport use or disposal of hazardous materials
Less than Significant
None required
Impact 49-2 The Project could result in an accidental spill or leak during construction or decommissioning that could release hazardous materials into the environment
Potentially Significant
Mitigation Measure 49-2 Accidental Spill Prevention and Response Plan The Applicant shall prepare an Accidental Spill Prevention and Response Plan for construction and decommissioning activities for review and approval by Modesto Irrigation District The plan shall identify measures to prevent accidental spills from leaving the site and methods for responding to and cleaning up spills to limit the amount of materials released into the environment Such measures shall include but not be limited to ensuring that absorbent material tarps storage drums and other emergency spill supplies and equipment are kept at the Project site at all times
Less than Significant
Hydrology and Water Quality
Impact 410-1 The Project could potentially degrade water quality such that it could violate water quality standards or waste discharge requirements
Less than Significant
None required
105
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-15 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Hydrology and Water Quality (cont)
Impact 410-2 The Project could alter the existing drainage pattern of the site in a manner that could result in erosion or sedimentation on- or off-site or which could contribute to flooding
Less than Significant
None required
Impact 410-3 The Project could create or contribute runoff water that could exceed the capacity of existing or planned stormwater drainage systems or provide additional sources of polluted runoff
Less than Significant
None required
Impact 410-4 The Project could expose people or structures to a risk of loss injury or death involving flooding including flooding as a result of the failure of a levee or dam
Less than Significant
None required
Land Use and Planning
The Project would have no impacts in this resource area
Mineral Resources
The Project would have no impacts in this resource area
Noise
Impact 413-1 Project-related post driving would result in exposure of persons to groundborne vibration
Less than Significant
None required
Impact 413-2 Operation and maintenance of the Project would increase local ambient noise levels
Less than Significant
None required
Impact 413-3 Project construction and decommissioning activities would temporarily increase local ambient noise levels
Less than Significant
None required
Population and Housing
The Project would have no impacts in this resource area
106
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-16 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Public Services
The Project would have no impacts in this resource area
Recreation
The Project would have no impacts in this resource area
Transportation and Traffic
Impact 417-1 Project construction and decommissioning activities could intermittently and temporarily increase traffic congestion due to vehicle trips generated by construction workers and construction vehicles on area roadways
Potentially Significant
Mitigation Measure 417-1a MID Traffic Control Measures During construction and decommissioning of the sub-transmission and distribution lines and fiber optic cable MID shall implement the following traffic mitigation measures from the 2006 PEIR Update (2006 PEIR Update p 10-6)
1 MID will coordinate design and construction of program facilities with the agencies with jurisdiction including Caltrans counties cities special districts other utilities and the FAA as required
2 MID will obtain any necessary encroachment permits inspections or other approvals from agencies with jurisdiction
2A MID will obtain any necessary approvals and inspections from agencies with jurisdiction
2B MID shall coordinate the design and construction and shall obtain any necessary permits from the County City or State prior to placing any facilities within the public road rights-of-way of those agencies and shall conform to applicable conditions in the encroachment permit
3 MID will utilize all necessary precautions to minimize safety concerns when working within public road rights-of-way Traffic safety cones construction signage or other measures will be used to alert drivers to construction activities
4 Electrical facilities placed within public rights-of-way will comply with applicable standards for avoiding hazards to drivers pedestrians and bicyclists
Less than Significant
Mitigation Measure 417-1b Applicant Construction Traffic Management and Safety Plan Prior to the start of construction (and subsequently decommissioning) of the Project the Applicant shall prepare and implement a Traffic Management and Safety Plan that shall reduce or eliminate impacts associated with the Project The Plan shall adhere to Stanislaus County and Caltrans requirements and shall include at a minimum the following elements
a) Schedule Project-generated construction truck trips on SR 99 SR 108 and SR 219 outside the peak morning and evening commute hours to reduce potential traffic congestion and reduce potential for transit delays during the peak commute periods
107
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-17 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Transportation and Traffic (cont)
Impact 417-1 (cont) b) Comply with transportation permit requirements of Caltrans and CHP when scheduling Project-generated construction truck trips carrying oversized loads In addition provide pre-notification to local police fire and emergency service providers of the timing location and duration of construction activities that could affect the movement of emergency vehicles on area roadways
c) Place signs (eg ldquoSlow Trucksrdquo andor ldquoTrucks Turning Aheadrdquo) along appropriate roads to notify drivers of construction traffic throughout the duration of the construction period
Impact 417-2 The Project could conflict with established congestion management programs on affected roads or highways
Less than Significant
None required
Impact 417-3 Project construction and decommissioning activities could substantially increase traffic hazards due to construction in or adjacent to roads
Potentially Significant
Mitigation Measure 417-3 Implement Mitigation Measures 417-1a and 417-1b Less than Significant
Impact 417-4 The Project could result in inadequate emergency access
Potentially Significant
Mitigation Measure 417-4 Develop an Emergency Access Plan for the Site The Applicant shall develop and implement an Emergency Access Plan which shall include evacuation routes and strategies to ensure accessibility and mobility for project area and emergency vehicles Additional measures include developing an emergency action plan that identifies roles and responsibilities during emergencies and to update the plan regularly
Less than Significant
Utilities and Service Systems
Impact 418-1 The proposed Project would require or result in the construction of new stormwater drainage facilities the construction of which could cause significant environmental effects
Less than Significant
None required
108
109
110
REFERRED TO
YE
S
NO
WILL NOT
HAVE
SIGNIFICANT
IMPACT
MAY HAVE
SIGNIFICANT
IMPACT
NO COMMENT
NON CEQA YE
S
NO
YE
S
NO
AGRICULTURE COMMISSIONER X
AIRPORT LAND USE COMMISSION X
ALLIANCE X
BUILDING PERMITS DIVISION X X X
CALTRANS DISTRICT 10 X
CHIEF EXECUTIVE OFFICE X
CITY OF RIVERBANK X
COOPERATIVE EXTENSION X
CORPS OF ENGINEERS X
COUNTY COUNSEL X
ENVIRONMENTAL RESOURCES X X X
FIRE PROTECTION DIST STANISLAUS
CONSOLIDATED X X X
FISH amp GAME DEPT OF X
HAZARDOUS MATERIALS X
IRRIGATION DISTRICT MODESTO X X X
LAFCO X
MODESTO REGIONAL FIRE AUTHORITY FPB X
MOSQUITO DISTRICT EASTSIDE X
MT VALLEY EMERGENCY MEDICAL X
PACIFIC GAS amp ELECTRIC X
PUBLIC WORKS X X X
REGIONAL WATER QUALITY CONTROL X
SAN JOAQUIN VALLEY APCD X
SCHOOL DISTRICT 1 MODESTO X X X
SCHOOL DISTRICT 2 STANISLAUS X
SHERIFF X
StanCOG X
STANISLAUS COUNTY FARM BUREAU X
STANISLAUS ERC X
STATE CLEARINGHOUSE X
STATE LANDS COMMISSION X
SUPERVISORIAL DISTRICT 4 MONTEITH X
SURROUNDING LAND OWNERS
TELEPHONE COMPANY ATampT X
UNITED STATES MILITARY AGENCIES (SB 1462) (5 agencies) X
US FISH amp WILDLIFE X
X
X
SUMMARY OF RESPONSES FOR USE PERMIT REVIEW REFERRALS
RESPONDED RESPONSEMITIGATION
MEASURESCONDITIONS
PROJECT USE PERMIT APPLICATION NO 2011-10 - McHENRY SOLAR FARM
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
RESPONSIBLE
AGENCY REFERRAL
PUBLIC HEARING
NOTICE
X
X
X
X
X
X
X
X
X
111
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-15 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Hydrology and Water Quality (cont)
Impact 410-2 The Project could alter the existing drainage pattern of the site in a manner that could result in erosion or sedimentation on- or off-site or which could contribute to flooding
Less than Significant
None required
Impact 410-3 The Project could create or contribute runoff water that could exceed the capacity of existing or planned stormwater drainage systems or provide additional sources of polluted runoff
Less than Significant
None required
Impact 410-4 The Project could expose people or structures to a risk of loss injury or death involving flooding including flooding as a result of the failure of a levee or dam
Less than Significant
None required
Land Use and Planning
The Project would have no impacts in this resource area
Mineral Resources
The Project would have no impacts in this resource area
Noise
Impact 413-1 Project-related post driving would result in exposure of persons to groundborne vibration
Less than Significant
None required
Impact 413-2 Operation and maintenance of the Project would increase local ambient noise levels
Less than Significant
None required
Impact 413-3 Project construction and decommissioning activities would temporarily increase local ambient noise levels
Less than Significant
None required
Population and Housing
The Project would have no impacts in this resource area
106
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-16 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Public Services
The Project would have no impacts in this resource area
Recreation
The Project would have no impacts in this resource area
Transportation and Traffic
Impact 417-1 Project construction and decommissioning activities could intermittently and temporarily increase traffic congestion due to vehicle trips generated by construction workers and construction vehicles on area roadways
Potentially Significant
Mitigation Measure 417-1a MID Traffic Control Measures During construction and decommissioning of the sub-transmission and distribution lines and fiber optic cable MID shall implement the following traffic mitigation measures from the 2006 PEIR Update (2006 PEIR Update p 10-6)
1 MID will coordinate design and construction of program facilities with the agencies with jurisdiction including Caltrans counties cities special districts other utilities and the FAA as required
2 MID will obtain any necessary encroachment permits inspections or other approvals from agencies with jurisdiction
2A MID will obtain any necessary approvals and inspections from agencies with jurisdiction
2B MID shall coordinate the design and construction and shall obtain any necessary permits from the County City or State prior to placing any facilities within the public road rights-of-way of those agencies and shall conform to applicable conditions in the encroachment permit
3 MID will utilize all necessary precautions to minimize safety concerns when working within public road rights-of-way Traffic safety cones construction signage or other measures will be used to alert drivers to construction activities
4 Electrical facilities placed within public rights-of-way will comply with applicable standards for avoiding hazards to drivers pedestrians and bicyclists
Less than Significant
Mitigation Measure 417-1b Applicant Construction Traffic Management and Safety Plan Prior to the start of construction (and subsequently decommissioning) of the Project the Applicant shall prepare and implement a Traffic Management and Safety Plan that shall reduce or eliminate impacts associated with the Project The Plan shall adhere to Stanislaus County and Caltrans requirements and shall include at a minimum the following elements
a) Schedule Project-generated construction truck trips on SR 99 SR 108 and SR 219 outside the peak morning and evening commute hours to reduce potential traffic congestion and reduce potential for transit delays during the peak commute periods
107
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-17 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Transportation and Traffic (cont)
Impact 417-1 (cont) b) Comply with transportation permit requirements of Caltrans and CHP when scheduling Project-generated construction truck trips carrying oversized loads In addition provide pre-notification to local police fire and emergency service providers of the timing location and duration of construction activities that could affect the movement of emergency vehicles on area roadways
c) Place signs (eg ldquoSlow Trucksrdquo andor ldquoTrucks Turning Aheadrdquo) along appropriate roads to notify drivers of construction traffic throughout the duration of the construction period
Impact 417-2 The Project could conflict with established congestion management programs on affected roads or highways
Less than Significant
None required
Impact 417-3 Project construction and decommissioning activities could substantially increase traffic hazards due to construction in or adjacent to roads
Potentially Significant
Mitigation Measure 417-3 Implement Mitigation Measures 417-1a and 417-1b Less than Significant
Impact 417-4 The Project could result in inadequate emergency access
Potentially Significant
Mitigation Measure 417-4 Develop an Emergency Access Plan for the Site The Applicant shall develop and implement an Emergency Access Plan which shall include evacuation routes and strategies to ensure accessibility and mobility for project area and emergency vehicles Additional measures include developing an emergency action plan that identifies roles and responsibilities during emergencies and to update the plan regularly
Less than Significant
Utilities and Service Systems
Impact 418-1 The proposed Project would require or result in the construction of new stormwater drainage facilities the construction of which could cause significant environmental effects
Less than Significant
None required
108
109
110
REFERRED TO
YE
S
NO
WILL NOT
HAVE
SIGNIFICANT
IMPACT
MAY HAVE
SIGNIFICANT
IMPACT
NO COMMENT
NON CEQA YE
S
NO
YE
S
NO
AGRICULTURE COMMISSIONER X
AIRPORT LAND USE COMMISSION X
ALLIANCE X
BUILDING PERMITS DIVISION X X X
CALTRANS DISTRICT 10 X
CHIEF EXECUTIVE OFFICE X
CITY OF RIVERBANK X
COOPERATIVE EXTENSION X
CORPS OF ENGINEERS X
COUNTY COUNSEL X
ENVIRONMENTAL RESOURCES X X X
FIRE PROTECTION DIST STANISLAUS
CONSOLIDATED X X X
FISH amp GAME DEPT OF X
HAZARDOUS MATERIALS X
IRRIGATION DISTRICT MODESTO X X X
LAFCO X
MODESTO REGIONAL FIRE AUTHORITY FPB X
MOSQUITO DISTRICT EASTSIDE X
MT VALLEY EMERGENCY MEDICAL X
PACIFIC GAS amp ELECTRIC X
PUBLIC WORKS X X X
REGIONAL WATER QUALITY CONTROL X
SAN JOAQUIN VALLEY APCD X
SCHOOL DISTRICT 1 MODESTO X X X
SCHOOL DISTRICT 2 STANISLAUS X
SHERIFF X
StanCOG X
STANISLAUS COUNTY FARM BUREAU X
STANISLAUS ERC X
STATE CLEARINGHOUSE X
STATE LANDS COMMISSION X
SUPERVISORIAL DISTRICT 4 MONTEITH X
SURROUNDING LAND OWNERS
TELEPHONE COMPANY ATampT X
UNITED STATES MILITARY AGENCIES (SB 1462) (5 agencies) X
US FISH amp WILDLIFE X
X
X
SUMMARY OF RESPONSES FOR USE PERMIT REVIEW REFERRALS
RESPONDED RESPONSEMITIGATION
MEASURESCONDITIONS
PROJECT USE PERMIT APPLICATION NO 2011-10 - McHENRY SOLAR FARM
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
RESPONSIBLE
AGENCY REFERRAL
PUBLIC HEARING
NOTICE
X
X
X
X
X
X
X
X
X
111
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-16 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Public Services
The Project would have no impacts in this resource area
Recreation
The Project would have no impacts in this resource area
Transportation and Traffic
Impact 417-1 Project construction and decommissioning activities could intermittently and temporarily increase traffic congestion due to vehicle trips generated by construction workers and construction vehicles on area roadways
Potentially Significant
Mitigation Measure 417-1a MID Traffic Control Measures During construction and decommissioning of the sub-transmission and distribution lines and fiber optic cable MID shall implement the following traffic mitigation measures from the 2006 PEIR Update (2006 PEIR Update p 10-6)
1 MID will coordinate design and construction of program facilities with the agencies with jurisdiction including Caltrans counties cities special districts other utilities and the FAA as required
2 MID will obtain any necessary encroachment permits inspections or other approvals from agencies with jurisdiction
2A MID will obtain any necessary approvals and inspections from agencies with jurisdiction
2B MID shall coordinate the design and construction and shall obtain any necessary permits from the County City or State prior to placing any facilities within the public road rights-of-way of those agencies and shall conform to applicable conditions in the encroachment permit
3 MID will utilize all necessary precautions to minimize safety concerns when working within public road rights-of-way Traffic safety cones construction signage or other measures will be used to alert drivers to construction activities
4 Electrical facilities placed within public rights-of-way will comply with applicable standards for avoiding hazards to drivers pedestrians and bicyclists
Less than Significant
Mitigation Measure 417-1b Applicant Construction Traffic Management and Safety Plan Prior to the start of construction (and subsequently decommissioning) of the Project the Applicant shall prepare and implement a Traffic Management and Safety Plan that shall reduce or eliminate impacts associated with the Project The Plan shall adhere to Stanislaus County and Caltrans requirements and shall include at a minimum the following elements
a) Schedule Project-generated construction truck trips on SR 99 SR 108 and SR 219 outside the peak morning and evening commute hours to reduce potential traffic congestion and reduce potential for transit delays during the peak commute periods
107
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-17 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Transportation and Traffic (cont)
Impact 417-1 (cont) b) Comply with transportation permit requirements of Caltrans and CHP when scheduling Project-generated construction truck trips carrying oversized loads In addition provide pre-notification to local police fire and emergency service providers of the timing location and duration of construction activities that could affect the movement of emergency vehicles on area roadways
c) Place signs (eg ldquoSlow Trucksrdquo andor ldquoTrucks Turning Aheadrdquo) along appropriate roads to notify drivers of construction traffic throughout the duration of the construction period
Impact 417-2 The Project could conflict with established congestion management programs on affected roads or highways
Less than Significant
None required
Impact 417-3 Project construction and decommissioning activities could substantially increase traffic hazards due to construction in or adjacent to roads
Potentially Significant
Mitigation Measure 417-3 Implement Mitigation Measures 417-1a and 417-1b Less than Significant
Impact 417-4 The Project could result in inadequate emergency access
Potentially Significant
Mitigation Measure 417-4 Develop an Emergency Access Plan for the Site The Applicant shall develop and implement an Emergency Access Plan which shall include evacuation routes and strategies to ensure accessibility and mobility for project area and emergency vehicles Additional measures include developing an emergency action plan that identifies roles and responsibilities during emergencies and to update the plan regularly
Less than Significant
Utilities and Service Systems
Impact 418-1 The proposed Project would require or result in the construction of new stormwater drainage facilities the construction of which could cause significant environmental effects
Less than Significant
None required
108
109
110
REFERRED TO
YE
S
NO
WILL NOT
HAVE
SIGNIFICANT
IMPACT
MAY HAVE
SIGNIFICANT
IMPACT
NO COMMENT
NON CEQA YE
S
NO
YE
S
NO
AGRICULTURE COMMISSIONER X
AIRPORT LAND USE COMMISSION X
ALLIANCE X
BUILDING PERMITS DIVISION X X X
CALTRANS DISTRICT 10 X
CHIEF EXECUTIVE OFFICE X
CITY OF RIVERBANK X
COOPERATIVE EXTENSION X
CORPS OF ENGINEERS X
COUNTY COUNSEL X
ENVIRONMENTAL RESOURCES X X X
FIRE PROTECTION DIST STANISLAUS
CONSOLIDATED X X X
FISH amp GAME DEPT OF X
HAZARDOUS MATERIALS X
IRRIGATION DISTRICT MODESTO X X X
LAFCO X
MODESTO REGIONAL FIRE AUTHORITY FPB X
MOSQUITO DISTRICT EASTSIDE X
MT VALLEY EMERGENCY MEDICAL X
PACIFIC GAS amp ELECTRIC X
PUBLIC WORKS X X X
REGIONAL WATER QUALITY CONTROL X
SAN JOAQUIN VALLEY APCD X
SCHOOL DISTRICT 1 MODESTO X X X
SCHOOL DISTRICT 2 STANISLAUS X
SHERIFF X
StanCOG X
STANISLAUS COUNTY FARM BUREAU X
STANISLAUS ERC X
STATE CLEARINGHOUSE X
STATE LANDS COMMISSION X
SUPERVISORIAL DISTRICT 4 MONTEITH X
SURROUNDING LAND OWNERS
TELEPHONE COMPANY ATampT X
UNITED STATES MILITARY AGENCIES (SB 1462) (5 agencies) X
US FISH amp WILDLIFE X
X
X
SUMMARY OF RESPONSES FOR USE PERMIT REVIEW REFERRALS
RESPONDED RESPONSEMITIGATION
MEASURESCONDITIONS
PROJECT USE PERMIT APPLICATION NO 2011-10 - McHENRY SOLAR FARM
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
RESPONSIBLE
AGENCY REFERRAL
PUBLIC HEARING
NOTICE
X
X
X
X
X
X
X
X
X
111
Executive Summary
TABLE ES-1 (Continued) SUMMARY OF IMPACTS AND MITIGATION FOR THE PROPOSED PROJECT
McHenry Solar Project ES-17 May 2011 Draft Environmental Impact Report
Environmental Impact
Significance before
Mitigation Mitigation Measures
Significance after
Mitigation
Transportation and Traffic (cont)
Impact 417-1 (cont) b) Comply with transportation permit requirements of Caltrans and CHP when scheduling Project-generated construction truck trips carrying oversized loads In addition provide pre-notification to local police fire and emergency service providers of the timing location and duration of construction activities that could affect the movement of emergency vehicles on area roadways
c) Place signs (eg ldquoSlow Trucksrdquo andor ldquoTrucks Turning Aheadrdquo) along appropriate roads to notify drivers of construction traffic throughout the duration of the construction period
Impact 417-2 The Project could conflict with established congestion management programs on affected roads or highways
Less than Significant
None required
Impact 417-3 Project construction and decommissioning activities could substantially increase traffic hazards due to construction in or adjacent to roads
Potentially Significant
Mitigation Measure 417-3 Implement Mitigation Measures 417-1a and 417-1b Less than Significant
Impact 417-4 The Project could result in inadequate emergency access
Potentially Significant
Mitigation Measure 417-4 Develop an Emergency Access Plan for the Site The Applicant shall develop and implement an Emergency Access Plan which shall include evacuation routes and strategies to ensure accessibility and mobility for project area and emergency vehicles Additional measures include developing an emergency action plan that identifies roles and responsibilities during emergencies and to update the plan regularly
Less than Significant
Utilities and Service Systems
Impact 418-1 The proposed Project would require or result in the construction of new stormwater drainage facilities the construction of which could cause significant environmental effects
Less than Significant
None required
108
109
110
REFERRED TO
YE
S
NO
WILL NOT
HAVE
SIGNIFICANT
IMPACT
MAY HAVE
SIGNIFICANT
IMPACT
NO COMMENT
NON CEQA YE
S
NO
YE
S
NO
AGRICULTURE COMMISSIONER X
AIRPORT LAND USE COMMISSION X
ALLIANCE X
BUILDING PERMITS DIVISION X X X
CALTRANS DISTRICT 10 X
CHIEF EXECUTIVE OFFICE X
CITY OF RIVERBANK X
COOPERATIVE EXTENSION X
CORPS OF ENGINEERS X
COUNTY COUNSEL X
ENVIRONMENTAL RESOURCES X X X
FIRE PROTECTION DIST STANISLAUS
CONSOLIDATED X X X
FISH amp GAME DEPT OF X
HAZARDOUS MATERIALS X
IRRIGATION DISTRICT MODESTO X X X
LAFCO X
MODESTO REGIONAL FIRE AUTHORITY FPB X
MOSQUITO DISTRICT EASTSIDE X
MT VALLEY EMERGENCY MEDICAL X
PACIFIC GAS amp ELECTRIC X
PUBLIC WORKS X X X
REGIONAL WATER QUALITY CONTROL X
SAN JOAQUIN VALLEY APCD X
SCHOOL DISTRICT 1 MODESTO X X X
SCHOOL DISTRICT 2 STANISLAUS X
SHERIFF X
StanCOG X
STANISLAUS COUNTY FARM BUREAU X
STANISLAUS ERC X
STATE CLEARINGHOUSE X
STATE LANDS COMMISSION X
SUPERVISORIAL DISTRICT 4 MONTEITH X
SURROUNDING LAND OWNERS
TELEPHONE COMPANY ATampT X
UNITED STATES MILITARY AGENCIES (SB 1462) (5 agencies) X
US FISH amp WILDLIFE X
X
X
SUMMARY OF RESPONSES FOR USE PERMIT REVIEW REFERRALS
RESPONDED RESPONSEMITIGATION
MEASURESCONDITIONS
PROJECT USE PERMIT APPLICATION NO 2011-10 - McHENRY SOLAR FARM
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
RESPONSIBLE
AGENCY REFERRAL
PUBLIC HEARING
NOTICE
X
X
X
X
X
X
X
X
X
111
109
110
REFERRED TO
YE
S
NO
WILL NOT
HAVE
SIGNIFICANT
IMPACT
MAY HAVE
SIGNIFICANT
IMPACT
NO COMMENT
NON CEQA YE
S
NO
YE
S
NO
AGRICULTURE COMMISSIONER X
AIRPORT LAND USE COMMISSION X
ALLIANCE X
BUILDING PERMITS DIVISION X X X
CALTRANS DISTRICT 10 X
CHIEF EXECUTIVE OFFICE X
CITY OF RIVERBANK X
COOPERATIVE EXTENSION X
CORPS OF ENGINEERS X
COUNTY COUNSEL X
ENVIRONMENTAL RESOURCES X X X
FIRE PROTECTION DIST STANISLAUS
CONSOLIDATED X X X
FISH amp GAME DEPT OF X
HAZARDOUS MATERIALS X
IRRIGATION DISTRICT MODESTO X X X
LAFCO X
MODESTO REGIONAL FIRE AUTHORITY FPB X
MOSQUITO DISTRICT EASTSIDE X
MT VALLEY EMERGENCY MEDICAL X
PACIFIC GAS amp ELECTRIC X
PUBLIC WORKS X X X
REGIONAL WATER QUALITY CONTROL X
SAN JOAQUIN VALLEY APCD X
SCHOOL DISTRICT 1 MODESTO X X X
SCHOOL DISTRICT 2 STANISLAUS X
SHERIFF X
StanCOG X
STANISLAUS COUNTY FARM BUREAU X
STANISLAUS ERC X
STATE CLEARINGHOUSE X
STATE LANDS COMMISSION X
SUPERVISORIAL DISTRICT 4 MONTEITH X
SURROUNDING LAND OWNERS
TELEPHONE COMPANY ATampT X
UNITED STATES MILITARY AGENCIES (SB 1462) (5 agencies) X
US FISH amp WILDLIFE X
X
X
SUMMARY OF RESPONSES FOR USE PERMIT REVIEW REFERRALS
RESPONDED RESPONSEMITIGATION
MEASURESCONDITIONS
PROJECT USE PERMIT APPLICATION NO 2011-10 - McHENRY SOLAR FARM
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
RESPONSIBLE
AGENCY REFERRAL
PUBLIC HEARING
NOTICE
X
X
X
X
X
X
X
X
X
111
110
REFERRED TO
YE
S
NO
WILL NOT
HAVE
SIGNIFICANT
IMPACT
MAY HAVE
SIGNIFICANT
IMPACT
NO COMMENT
NON CEQA YE
S
NO
YE
S
NO
AGRICULTURE COMMISSIONER X
AIRPORT LAND USE COMMISSION X
ALLIANCE X
BUILDING PERMITS DIVISION X X X
CALTRANS DISTRICT 10 X
CHIEF EXECUTIVE OFFICE X
CITY OF RIVERBANK X
COOPERATIVE EXTENSION X
CORPS OF ENGINEERS X
COUNTY COUNSEL X
ENVIRONMENTAL RESOURCES X X X
FIRE PROTECTION DIST STANISLAUS
CONSOLIDATED X X X
FISH amp GAME DEPT OF X
HAZARDOUS MATERIALS X
IRRIGATION DISTRICT MODESTO X X X
LAFCO X
MODESTO REGIONAL FIRE AUTHORITY FPB X
MOSQUITO DISTRICT EASTSIDE X
MT VALLEY EMERGENCY MEDICAL X
PACIFIC GAS amp ELECTRIC X
PUBLIC WORKS X X X
REGIONAL WATER QUALITY CONTROL X
SAN JOAQUIN VALLEY APCD X
SCHOOL DISTRICT 1 MODESTO X X X
SCHOOL DISTRICT 2 STANISLAUS X
SHERIFF X
StanCOG X
STANISLAUS COUNTY FARM BUREAU X
STANISLAUS ERC X
STATE CLEARINGHOUSE X
STATE LANDS COMMISSION X
SUPERVISORIAL DISTRICT 4 MONTEITH X
SURROUNDING LAND OWNERS
TELEPHONE COMPANY ATampT X
UNITED STATES MILITARY AGENCIES (SB 1462) (5 agencies) X
US FISH amp WILDLIFE X
X
X
SUMMARY OF RESPONSES FOR USE PERMIT REVIEW REFERRALS
RESPONDED RESPONSEMITIGATION
MEASURESCONDITIONS
PROJECT USE PERMIT APPLICATION NO 2011-10 - McHENRY SOLAR FARM
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
RESPONSIBLE
AGENCY REFERRAL
PUBLIC HEARING
NOTICE
X
X
X
X
X
X
X
X
X
111
REFERRED TO
YE
S
NO
WILL NOT
HAVE
SIGNIFICANT
IMPACT
MAY HAVE
SIGNIFICANT
IMPACT
NO COMMENT
NON CEQA YE
S
NO
YE
S
NO
AGRICULTURE COMMISSIONER X
AIRPORT LAND USE COMMISSION X
ALLIANCE X
BUILDING PERMITS DIVISION X X X
CALTRANS DISTRICT 10 X
CHIEF EXECUTIVE OFFICE X
CITY OF RIVERBANK X
COOPERATIVE EXTENSION X
CORPS OF ENGINEERS X
COUNTY COUNSEL X
ENVIRONMENTAL RESOURCES X X X
FIRE PROTECTION DIST STANISLAUS
CONSOLIDATED X X X
FISH amp GAME DEPT OF X
HAZARDOUS MATERIALS X
IRRIGATION DISTRICT MODESTO X X X
LAFCO X
MODESTO REGIONAL FIRE AUTHORITY FPB X
MOSQUITO DISTRICT EASTSIDE X
MT VALLEY EMERGENCY MEDICAL X
PACIFIC GAS amp ELECTRIC X
PUBLIC WORKS X X X
REGIONAL WATER QUALITY CONTROL X
SAN JOAQUIN VALLEY APCD X
SCHOOL DISTRICT 1 MODESTO X X X
SCHOOL DISTRICT 2 STANISLAUS X
SHERIFF X
StanCOG X
STANISLAUS COUNTY FARM BUREAU X
STANISLAUS ERC X
STATE CLEARINGHOUSE X
STATE LANDS COMMISSION X
SUPERVISORIAL DISTRICT 4 MONTEITH X
SURROUNDING LAND OWNERS
TELEPHONE COMPANY ATampT X
UNITED STATES MILITARY AGENCIES (SB 1462) (5 agencies) X
US FISH amp WILDLIFE X
X
X
SUMMARY OF RESPONSES FOR USE PERMIT REVIEW REFERRALS
RESPONDED RESPONSEMITIGATION
MEASURESCONDITIONS
PROJECT USE PERMIT APPLICATION NO 2011-10 - McHENRY SOLAR FARM
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
RESPONSIBLE
AGENCY REFERRAL
PUBLIC HEARING
NOTICE
X
X
X
X
X
X
X
X
X
111
Recommended