4.4 Biological Resources

California Flats Solar Project EIR Section 4.4 Biological Resources

4.4 BIOLOGICAL RESOURCES

4.4.1 Summary

This section addresses biological resources issues related to the proposed project described in Section 2.0, Project Description. Table 4.4-1 summarizes the identified environmental impacts, proposed mitigation measures, and residual impacts of the proposed project with regard to biological resources. Additional detail is provided in Section 4.4.2 (Impact Analysis).

The information presented in this section is derived from documents contained in the following appendices to this EIR:

 Appendix E.1: California Flats Solar Project, Monterey County, California, Biotic Report (H.T. Harvey & Associates, 2014b; herein referred to as Biotic report);  Appendix E.2: California Flats Solar Project, Monterey County, California, Biological Resources Impact Analysis, November 2013 (H.T. Harvey & Associates, 2014a; herein referred to as Biological Impact Analysis);  Appendix E.3: California Flats Solar Project, Addendum to the Biological Resources Impact Analysis: Utility Corridor, (H.T. Harvey & Associates, 2014c, herein referred to as Utility Corridor report);  Appendix E.4: California Flats Solar Project, Monterey County, California, Conceptual Restoration Plan for Project Decommissioning (Element Power, 2012);  Appendix E.5: Forest Management Plan for California Flats Solar Project (Staub Forestry & Environmental Consulting, 2012);  Appendix E.6: California Flats Solar Project, Monterey and San Luis Obispo Counties, CA, 2013 Special Status Plant Pre-Construction and Project Vicinity Survey Report, (H.T. Harvey and Associates, 2014d, herein referred to as Rare Plant Survey report).  Appendix E.7: California Flats Solar Project, 2013 Aquatic Larval Surveys, California Tiger Salamander, California Red-legged Frog (H.T. Harvey & Associates, 2013a, herein referred to at CTS/CRLF report);  Appendix E.8: California Flats Solar Project, Identification of Kangaroo Rats through Morphometric, Ecological, and Genetic Analyses (H.T. Harvey & Associates, 2013b, herein referred to as Kangaroo Rat report);  Appendix E.9: California Flats Solar Project, 2013 Wet-season Branchiopod Survey Report, 17 October 2013 (H.T. Harvey & Associates, 2013c, herein referred to as Wet-Season Branchiopod report);  Appendix E.10: Dry Season Sampling, Including Genetic Analysis of Cysts for Federally Listed Large Branchiopods at the California Flats Solar Project, (Helm Biological Consulting, 2013, herein referred to as Dry-Season Branchiopod report);  Appendix E.11: California Flats Solar Project, Monterey and San Luis Obispo Counties, California Preliminary Delineation of Wetlands and Other Waters (H.T. Harvey & Associates, 2012a, herein referred to as Jurisdictional Delineation report);

County of Monterey 4.4-1 California Flats Solar Project EIR Section 4.4 Biological Resources

Table 4.4-1 Impact and Mitigation Summary: Biological Resources Phase Biological Mitigation (Preconstruction, Residual Responsible Impact Resource Measures Construction or Impact Agency Operation) B-1(a) Nested Impact B-1 Monterey Compensatory Preconstruction Implementation of the County proposed project could Mitigation B-1(b) Habitat have a substantial Preconstruction/ Monterey Mitigation and adverse effect, either Operations County directly or through Monitoring Plan habitat modifications, B-1(c) Pre- Construction Monterey on species identified Preconstruction as a candidate, Special Status County sensitive, or special Special Plant Surveys Less than status species in local Status Plants B-1(d) Special significant Status Plant or regional plans, Monterey Species Preconstruction policies, or regulations, County or by the California Avoidance and Department of Fish Minimization and Wildlife or U.S. B-1(e) Compensatory Fish and Wildlife Monterey Mitigation for Preconstruction Service. This impact is County Class II, significant but Special Status mitigable. Plant Species Monterey B-1(h) County (with Preconstruction USFWS and Preconstruction Surveys for San CDFW Joaquin Kit Fox. consultation as necessary) Monterey B-1(i) San Joaquin County (with Kit Fox Den USFWS and Avoidance and Construction CDFW Minimization consultation Measures as necessary)

B-1(j) Monterey San Joaquin Less than County (with Compensatory Kit Fox significant USFWS and Habitat Mitigation Construction CDFW for San Joaquin consultation Kit Fox as necessary) B-1(k) Remove Wild Animal And Construction Monterey Livestock Operation County Carcasses Monterey County (with B-1(p) Wildlife- Construction USFWS and Friendly Fence Operation CDFW Design consultation as necessary)

County of Monterey 4.4-2 California Flats Solar Project EIR Section 4.4 Biological Resources

Table 4.4-1 Impact and Mitigation Summary: Biological Resources Phase Biological Mitigation (Preconstruction, Residual Responsible Impact Resource Measures Construction or Impact Agency Operation) Monterey B-1(ee) County (with Construction USFWS and Construction Biological CDFW Monitoring. consultation as necessary) B-1(ff) Special Status Animal Species General Avoidance Construction Monterey Measures and Operation County Construction Best Management Practices. B-1(gg) Worker Environmental Construction Monterey Education Operation County Program. B-1(f) Preconstruction Preconstruction Monterey Surveys for County American Badger B-1(g) American Monterey Badger Avoidance Construction County and Minimization B-1(p) Wildlife- Construction Monterey Friendly Fence Operation County Design B-1(ee) Construction Monterey Construction American Biological Less than County badger Monitoring. significant B-1(ff) Special Status Animal Species General Avoidance Construction Monterey Measures and Operation County Construction Best Management Practices. B-1(gg) Worker Environmental Construction Monterey Education Operation County Program. B-1(l) Monterey County (with Burrowing Preconstruction Preconstruction Less than CDFW Owl Surveys for significant consultation Burrowing Owl as necessary)

County of Monterey 4.4-3 California Flats Solar Project EIR Section 4.4 Biological Resources

Table 4.4-1 Impact and Mitigation Summary: Biological Resources Phase Biological Mitigation (Preconstruction, Residual Responsible Impact Resource Measures Construction or Impact Agency Operation) Monterey B-1(m) Burrowing County (with Owl Avoidance Construction CDFW and Minimization consultation Measures as necessary)

B-1(n) Monterey County (with Compensatory Construction CDFW Habitat Mitigation consultation for Burrowing Owl as necessary) Monterey B-1(ee) County (with Construction Construction CDFW Biological consultation Monitoring. as necessary) B-1(ff) Special Status Animal Species General Avoidance Construction Monterey Measures and Operation County Construction Best Management Practices. B-1(gg) Worker Environmental Construction Monterey Education Operation County Program. B-1(o) Monterey Preconstruction County (with Surveys for Preconstruction CDFW Coachwhip and consultation Coast Horned as necessary) Lizard B-1(ee) Construction Monterey Construction Biological County Monitoring. Coachwhip B-1(ff) Special and Coast Less than Status Animal Horned significant Species General Lizard Avoidance Construction Monterey Measures and Operation County Construction Best Management Practices. B-1(gg) Worker Environmental Construction Monterey Education Operation County Program.

County of Monterey 4.4-4 California Flats Solar Project EIR Section 4.4 Biological Resources

Table 4.4-1 Impact and Mitigation Summary: Biological Resources Phase Biological Mitigation (Preconstruction, Residual Responsible Impact Resource Measures Construction or Impact Agency Operation) B-1(q) Bat Preconstruction Preconstruction Monterey Surveys and Construction County Avoidance B-1(ee) Construction Monterey Construction Biological County Monitoring. B-1(ff) Special Special Status Animal Less than Status Bat Species General significant Species Avoidance Construction Monterey Measures and Operation County Construction Best Management Practices. B-1(gg) Worker Environmental Construction Monterey Education Operation County Program. B-1(r) Preconstruction Surveys for Monterey Preconstruction Raptors and Other County Special Status Bird Species B-1(s) Special Status Bird Monterey Species Impact Construction County Avoidance and Minimization B-1(k) Raptors and Remove Wild Other Special Construction Monterey Animal And Status Bird Operation County Livestock Species Carcasses Less than (Including B-1(ee) significant California Construction Monterey Condor and Construction Biological County Golden Monitoring. Eagle) B-1(ff) Special Status Animal Species General Avoidance Construction Monterey Measures and Operation County Construction Best Management Practices. B-1(gg) Worker Environmental Construction Monterey Education Operation County Program.

County of Monterey 4.4-5 California Flats Solar Project EIR Section 4.4 Biological Resources

Table 4.4-1 Impact and Mitigation Summary: Biological Resources Phase Biological Mitigation (Preconstruction, Residual Responsible Impact Resource Measures Construction or Impact Agency Operation) B-1(t) Preconstruction Surveys and Monterey Preconstruction Avoidance of County Western Pond Turtle B-1(ee) Construction Monterey Construction Biological County Monitoring. Western B-1(ff) Special Less than Pond Turtle Status Animal significant Species General Avoidance Construction Monterey Measures and Operation County Construction Best Management Practices. B-1(gg) Worker Environmental Construction Monterey Education Operation County Program. B-1(u) Preconstruction Surveys and Preconstruction Avoidance for Western Spadefoot. B-1(v) Monterey Compensatory Construction County Mitigation for Operation Western Spadefoot Toad B-1(ee) Western Construction Construction Less than Spadefoot Biological significant Toad Monitoring. B-1(ff) Special Status Animal Species General Avoidance Construction Monterey Measures and Operation County Construction Best Management Practices. B-1(gg) Worker Environmental Construction Monterey Education Operation County Program. Monterey B-1(w) California County (with California Tiger Salamander Less than USFWS and Red-legged and California Preconstruction significant CDFW Frog Red-Legged Frog consultation Relocation Sites. as necessary)

County of Monterey 4.4-6 California Flats Solar Project EIR Section 4.4 Biological Resources

Table 4.4-1 Impact and Mitigation Summary: Biological Resources Phase Biological Mitigation (Preconstruction, Residual Responsible Impact Resource Measures Construction or Impact Agency Operation) Monterey B-1(x) California County (with Red-Legged Frog USFWS and Preconstruction Construction CDFW Barriers consultation as necessary) B-1(y) Monterey Construction County (with Timing, USFWS and Preconstruction CDFW Surveys and Preconstruction consultation Avoidance as necessary) Measures for California Red- Legged Frog B-1(z) Monterey County (with Compensatory Construction USFWS and Mitigation for Operation CDFW California Red- consultation Legged Frog as necessary) Monterey B-1(ee) County (with Construction USFWS and Construction Biological CDFW Monitoring. consultation as necessary) B-1(ff) Special Status Animal Species General Avoidance Construction Monterey Measures and Operation County Construction Best Management Practices. B-1(gg) Worker Environmental Construction Monterey Education Operation County Program. Monterey B-1(w) California County (with Tiger Salamander USFWS and and California Preconstruction CDFW Red-Legged Frog consultation California Relocation Sites. Less than as necessary) Tiger significant Salamander Monterey B-1(aa) California County ((with Tiger Salamander USFWS and Preconstruction Construction CDFW Barriers consultation as necessary)

County of Monterey 4.4-7 California Flats Solar Project EIR Section 4.4 Biological Resources

Table 4.4-1 Impact and Mitigation Summary: Biological Resources Phase Biological Mitigation (Preconstruction, Residual Responsible Impact Resource Measures Construction or Impact Agency Operation) Monterey B-1(bb) California County ((with Tiger Salamander USFWS and Construction Daily Pre-activity CDFW Surveys consultation as necessary)

B-1(cc) Monterey County ((with Compensatory Preconstruction/ USFWS and Mitigation for Construction/ CDFW California Tiger Operation consultation Salamander as necessary) Monterey B-1(ee) County ((with Construction USFWS and Construction Biological CDFW Monitoring. consultation as necessary) B-1(ff) Special Status Animal Species General Avoidance Construction Monterey Measures and Operation County Construction Best Management Practices. B-1(gg) Worker Environmental Construction Monterey Education Operation County Program. B-1(dd) Vernal Pool Branchiopod Monterey

Avoidance and County Mitigation. B-1(ee) Construction Monterey Construction Biological County Monitoring. B-1(ff) Special Vernal Pool Status Animal Less than Branchiopods Species General significant Avoidance Construction Monterey Measures and Operation County Construction Best Management Practices. B-1(gg) Worker Environmental Construction Monterey Education Operation County Program.

County of Monterey 4.4-8 California Flats Solar Project EIR Section 4.4 Biological Resources

Table 4.4-1 Impact and Mitigation Summary: Biological Resources Phase Biological Mitigation (Preconstruction, Residual Responsible Impact Resource Measures Construction or Impact Agency Operation) Impact B-2 B-2(a) Valley Grassland Implementation of the Needlegrass and Less than Monterey proposed project could Grassland and Construction Wildflower significant County have a substantial Wildflower Field Fields adverse effect on Habitat Mitigation riparian habitat or B-2(b) other sensitive natural Habitat community identified in Restoration and Construction/ Less than Monterey local or regional plans, Revegetation Operation significant County Plan. policies, regulations or All Sensitive by the California Communities B-2(c) Project Department of Fish Vegetation and Construction/ Less than Monterey and Game or U.S. Fish Invasive Species Operation significant County and Wildlife Service. Management Plan. This impact would be Class II, significant but B-2(d) Mixed Oak Mixed Oak mitigable. [Threshold Woodland Less than Monterey Woodland Preconstruction 2] Avoidance and significant County Habitats Minimization. B-2(e) Less than Monterey Riparian/Stream Preconstruction significant County Habitat Setbacks. B-2(f) Stream Channel Less than Monterey Preconstruction Avoidance and significant County Minimization. B-2(g) Directional Less than Monterey Riparian, Boring Avoidance Construction significant County Stream and and Minimization. Wetland B-2(h) Show Habitats streams and riparian habitat, Less than Monterey and associated Preconstruction significant County setbacks, on construction drawings. B-2(i) Less than Monterey Riparian/Stream Construction significant County Mitigation. Impact B-3 Monterey County (with Implementation of the B-3(a) Wetland Less than USACE, proposed project could Avoidance and Construction significant RWQCB have a substantial Minimization adverse effect on consultation as necessary) federally protected Wetlands wetlands as defined by Monterey County (with Section 404 of the B-3(b) Well Less than USACE and Clean Water Act Placement Preconstruction significant RWQCB (including, but not Hydrology Study limited to, marsh, consultation as necessary)

County of Monterey 4.4-9 California Flats Solar Project EIR Section 4.4 Biological Resources

Table 4.4-1 Impact and Mitigation Summary: Biological Resources Phase Biological Mitigation (Preconstruction, Residual Responsible Impact Resource Measures Construction or Impact Agency Operation) vernal pool, coastal, Monterey etc.) through direct County (with B-3(c) Monitor removal, filling, Less than USACE and Well Impacts to Construction hydrological significant RWQCB Wetlands. interruption, or other consultation means. This impact as necessary) would be Class II, Monterey significant but County (with mitigable. B-3(d) Wetland Less than USACE and Construction Habitat Mitigation. significant RWQCB consultation as necessary) Impact B-4 Monterey Implementation of the B-1(d, e, g and i) County (with Less than USFWS and proposed project could San Joaquin kit Preconstruction significant CDFW interfere substantially fox measures with the movement of San Joaquin consultation native resident or Kit Fox, Tule as necessary) migratory fish or elk and B-4(a) Pronghorn Monterey Calving Ground County (with wildlife species or with Pronghorn Less than Avoidance and Construction CDFW established native Movement significant resident or migratory and Minimization. consultation wildlife corridors, or Pronghorn as necessary) impede the use of Calving Monterey native wildlife nursery Grounds B-4(b) Pronghorn- County (with sites. This impact Friendly Fence Less than CDFW Pre-operation would be Class II, Design. significant consultation significant but as necessary) mitigable. B-5(a) Preconstruction/ Impact B-5 Less than Monterey Oak/Riparian Tree Construction/ Implementation of the significant County proposed project could Protection Zone. Operation conflict with local policies or ordinances protecting biological Protected resources, such as a Trees B-5(b) Less than Monterey tree preservation Oak/Riparian Tree Preconstruction significant County policy or ordinance. Mitigation. This impact is Class II, significant but mitigable.

 Appendix E.12: California Flats Solar Project, Addendum to: Monterey and San Luis Obispo Counties, California Preliminary Delineation of Wetlands and Other Waters (H.T. Harvey & Associates, 2012b, herein referred to as JD Addendum report); and

 Appendix E.13: California Flats Solar Project, Addendum to Biotic Resources Report and Biological Resources Impact Analysis, November 2013 Site Plan Update, (H.T. Harvey & Associates, 2014e, herein referred to as Biotic Addendum report).

County of Monterey 4.4-10 California Flats Solar Project EIR Section 4.4 Biological Resources

 Appendix E.14: California Flats Solar Project Spotlight Surveys for San Joaquin Kit Fox and American Badger, April 2014. (H.T. Harvey & Associates, 2014f, herein referred to as Spotlight report)

To support the impact analysis, data on biological resources was collected from numerous sources, including relevant literature, maps of natural resources, and data on special status species and sensitive habitat information obtained from the California Department of Fish and Wildlife (CDFW), California Natural Diversity Data Base (CNDDB) (2003; queried July 2013), the California Native Plant Society online Inventory of Rare, Threatened, and Endangered Plants of California (2013), and the United States Fish and Wildlife Service (USFWS) Information, Planning and Conservation System (IPaC) (2013b). The USFWS Critical Habitat Mapper (2013a) and National Wetlands Inventory (NWI; 2013c) were also queried.

4.4.2 Setting

The biological conditions of the proposed project were evaluated within a Biological Study Area (BSA), which included the entire area that would be impacted by the proposed project and the surrounding vicinity (see Figure 4.4-1). The BSA includes areas surrounding the three main project components, and includes the Solar Generating Facility Area Study Area (SGFASA), the Access Road Study Area (ARSA) and the Utility Corridor Study Area (UCSA). The BSA includes lands that are outside of the defined project boundary and, as such, represents a polygon with arbitrary boundaries, but which encompasses the entire proposed project footprint. The BSA was developed based in part on early uncertainty of the final project layout at the time biological studies were initiated, and in part to capture suitable buffer zones for special status species surveys. The BSA is an area of approximately 5,033 acres consisting of an approximately 4,184-acre study area around the Solar Generating Facility Area, an approximately 698-acre study area around the Access Road and an approximately 155-acre study area around the Utility Corridor. The various biological technical reports listed above refer to both the study areas and project impact areas (see below for a discussion of the project impact areas). Acreages associated with the area described in the various biological technical reports varied some among reports as a result of iterations of project design, and thus inconsistencies in acreages are present among the technical reports; however, the Biotic Addendum report (H.T. Harvey & Associates, 2014e; Appendix E.13) provides the final acreages for temporary and permanent impacts as presented in this section.

For the purposes of the evaluation of existing conditions within the defined boundaries of the proposed project site this section of the EIR will focus predominantly on the impact areas and not the BSA. Section 2.5 of the project Description describes the “project site” as the combined impact areas that include the Solar Generating Facility Area, the Access Road and the Utility Corridor. Discrepancy in acreages between the proposed project impact area and the BSA boundary may be confusing; therefore, references to the BSA in this section are limited to those discussions of the broad identification and mapping of vegetation communities within the BSA, and to those cases where an analysis of impacts requires evaluation of biological resources beyond the boundaries of the project site. All acreages presented in the impact discussions will represent areas within the project site and not the total acreages within the BSA.

The proposed project site encompasses approximately 3,000 acres, and is comprised of the Solar Generating Facility Area, the Access Road and the Utility Corridor. The Solar Generating

County of Monterey 4.4-11 California Flats Solar Project EIR Section 4.4 Biological Resources

Facility Area encompasses approximately 2,720 acres, and would include a 2,120-acre solar development area (SDA), a 135-acre (2.8 miles) 230 kV overhead transmission line, an approximately five (5)-acre high-capacity collection system line corridor, two on-site substations each approximately six (6) acres in size, a switching station to be owned and operated by Pacific Gas & Electric Company (PG&E) approximately six (6) acres in size, an operations and maintenance (O&M) facility, and temporary construction staging areas. In addition, implementation of the proposed solar project would require construction and operation of a new approximately 155-acre Utility Corridor (see Figures 2-4h, 2-4l, 2-4o, 2-4s, and 2-4v in Section 2.0, Project Description) that would include a total of approximately 10.6 acres of direct permanent and temporary impacts (see Figures 2a and 2b of Appendix 3E Utility Corridor Report), and improvements to an existing private Access Road (see Figure 2-9 in Section 2.0, Project Description), which would involve approximately 60 acres of disturbance area.

Numerous surveys were conducted to characterize the resources present or potentially occurring on-site, including reconnaissance-level surveys, jurisdictional delineation of wetlands and waters, vegetation and rare plant surveys, vernal pool surveys, reptile and amphibian surveys, mammalian surveys, and avian surveys (see each appendix for a description of surveys and methodology). These reports and various portions of this section refer to the BSA, SDA access route (roughly equivalent to the Access Road), and Utility Corridor to characterize the existing biological conditions on and adjacent to the project area, and to identify the potential impacts to biological resources resulting from the proposed project.

a. Regional Setting. The proposed California Flats Solar Project is located on the eastern rim of the Cholame Valley in southeastern Monterey County, California, near the borders of Monterey, San Luis Obispo, Kings, and Fresno Counties. The BSA is bounded by mostly undeveloped private land in all directions. Sparse residential settlements and small farms are located to the south and east of the BSA. Most of the level areas within the BSA have historically been disked for dryland farming, and are currently used to support cattle grazing. Topography within the BSA consists of steeply rolling hills along the lease area edge, with extensive alluvial terraces forming wide level plains. Several drainages flowing from north to south bisect these hills and plains.

b. Habitats. Habitat types for this project were developed using a combination of described habitats and vegetation alliances in accordance with Holland (1986) and Sawyer et al. (2009). Seventeen habitat types were documented within the BSA. Fifteen of these occur within the project site (Solar Generating Facility Area, Access Road and/or Utility Corridor). The acreages within project area for each habitat type are reported in Table 4.4-2.

Tree-Dominated Habitats. Tree-dominated habitats comprise approximately 13.24 acres of the project site impact areas. This habitat is not present within the Access Road (Tables 4.4-2 and 3, Figures 4.4-2a–4.4-2d), but occurs within the Solar Generating Facility Area (12.99 acres) impact areas, and within the Utility Corridor (0.25 acres) impact areas (Figure 4.4-2e and f). These areas typically support tree-dominated vegetation with an herbaceous understory component. Five tree-dominated habitats were mapped within the BSA and Utility Corridor Study Area: willow-cottonwood riparian woodland, riparian oak woodland, mixed oak woodland, ornamental non-native woodland, and cottonwood alluvial riparian woodland.

County of Monterey 4.4-12 California Flats Solar Project EIR Section 4.4 Biological Resources

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Access Road Study Area

Access Road/Highway 41 Improvements

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Gen-Tie Access Road Disturbance Areas/Stringing Areas

Temporary Construction Laydown STATE HIGHWAY 41 S Morro-Gates 230KV Line TRUCK DELIVERY STACKING AREA 3,500 1,750 0 3,500 ± Feet STAGING AREA J:\Reports\BotanyReports\CEQA_Biotic Report Feb 2014\Fig2 Site Map.mxd Figure 2: Site Map California Flats Solar Project BRIA Site Plan Addendum (3544-01) February 2014 Biological Study Area Source: H.T. Harvey and Associates, Element Power , 2014 Figure 4.4-1 County of Monterey California Flats Solar Project EIR Section 4.4 Biological Resources

Table 4.4-2 Habitats Within the California Flats Solar Project Site Impact Areas* Solar Utility Habitat Generating Access Road Corridor Facility Area Tree Dominated Habitats Willow-Cottonwood Riparian Woodland 2.53 -- -- Cottonwood Alluvial Riparian Woodland ------Riparian Oak Woodland 0.97 -- 0.25 Mixed Oak Woodland 0.41 -- -- Ornamental Non-Native Woodland 9.08 -- -- Herbaceous Dominated Habitats California Annual Grassland 1976.70 36.29 8.83 Wildflower Field 551.87 0.27 -- Grassland Riparian 37.25 0.03 0.02 Valley Needlegrass Grassland 0.42 -- -- Serpentine Bunchgrass Grassland 0.01 -- -- Aquatic/Wetland Habitats Alluvial Intermittent Stream -- -- 0.1 Ephemeral Stream 2.95 0.02 0.01 Intermittent Stream 0.03 -- -- Perennial Stream 0.02 -- 0.01 Seasonal Wetland 1.89 0.01 0.03 Perennial Marsh 0.17 0.03 0.03 Other Developed/Ruderal Grassland 26.38 22.2 0.67 Agricultural -- -- 0.69 Culvert 0.01 0.01 -- Total Acreages 2609.89 58.85 10.65 *Acreages from Table 5 of the Biotic Addendum (Appendix E-13)

Willow–Cottonwood Riparian Woodland. Willow-cottonwood riparian woodland was recorded in the SGFSA and the UCSA. This habitat covers approximately 1.72 acres within the project site all of which occurs within the Solar Generating Facility Area impact areas (Table 4.4- 2, Figures 4.4-2a–4.4-2f). In most places, this habitat is characterized by moderately dense stands of mature red willow trees (Salix laevigata) and shrubs which tolerate seasonal flooding and inundated soils. There are also areas along perennial drainages that support Fremont cottonwood trees (Populus fremontii) which require available subsurface water and provide an overstory above the willows. The red willows grow approximately 15 to 30 feet tall, with many thick woody branches growing horizontally. The cottonwoods are taller and more upright in form, growing approximately 30 to 50 feet tall. These habitats were located on floodplains of low gradient perennial streams, ephemeral streams, and marshes. Most of the stands of red willows contain old and senescing trees with a large amount of dead wood. These are likely historic stands supported by deep roots reaching to groundwater. Little seedling recruitment was observed in most of these habitats. In one location in the southern portion of the project

County of Monterey 4.4-15 California Flats Solar Project EIR Section 4.4 Biological Resources

site, a mature black walnut (Juglans hindsii) occurs in a forested reach along with the more common willows.

The understory vegetation in the willow–cottonwood riparian woodland is variable and depends on the hydrology and soil conditions in the associated drainage. For example, in perennial drainages supporting both red willows and cottonwoods, the understory is composed of native marsh species such as watercress (Nasturtium officinale) and iris-leaved rush (Juncus xiphioides); in the drier, more alkaline ephemeral drainages in the south, the understory vegetation comprises native and non-native species such as salt grass (Distichlis spicata), common tarweed (Centromadia pungens), and foxtail barley (Hordeum murinum). In many places there is bare ground and sparse grassland vegetation beneath the senescing red willows where wildlife and livestock congregate. These areas may also support shade tolerant wetland vegetation. The presence of red willows was not found to be a definitive indicator of wetland vegetation, however, and cottonwoods were always located in relatively mesic areas with some flooding.

Cottonwood Alluvial Riparian Woodland. This community was recorded within the Utility Corridor study area where it covers approximately 0.70 acres on the streambanks and beds of Cholame Creek (Figure 4.4-2e and f). This habitat is not present within the project site and will not be impacted by project development, and is therefore not included in Table 4.2. This habitat differs from willow–cottonwood riparian woodland in that the tree canopy is monotypic and dominated by only Fremont cottonwoods; the terrain is flat; and the substrate is cobbly, occasionally supporting sparse cover of annual grasses. Successful establishment of cottonwoods requires subsurface water availability; regeneration of subsurface water occurs during the flood related disturbances that are characteristic of alluvial streams. The overstory of cottonwoods along the edges of Cholame Creek reaches up to approximately 50 feet, but younger trees and saplings are interspersed across the active floodplain, and much of this habitat is likely composed of recent recruits.

Riparian Oak Woodland. Riparian oak woodland habitat is present in the BSA associated with many of the ephemeral, intermittent, and perennial drainages in the northern portion of the BSA. There is approximately 0.97 acres of riparian oak woodland within the Solar Generating Facility Area, and approximately 0.25 acres within the Utility Corridor. No riparian oak woodland is present within the Access Road (Table 4.4-2, Figures 4.4-2a–4.4-2d). Riparian oak woodland is also present on approximately 1.76 acres within the Utility Corridor study area (Figure 4.4-2e and f), primarily associated with a perennial stream at the northern end of the corridor. Widely spaced stands of large valley oaks (Quercus lobata) characterize the habitat. The trees, generally occurring just upslope from the drainage channel on both sides of the floodplain, are likely supported by groundwater from the adjacent drainages, and as such are larger than the trees within the mixed oak woodland habitat located upslope on hillsides and hilltops. Many of the large trees are old and senescing with large, dead branches that have fallen beneath them. There is no apparent seedling recruitment.

The riparian oak woodland on-site is dominated by valley oak and to a lesser extent blue oak (Quercus douglasii), and contains a very small fraction of red willow. The canopy of the large oak trees provides shade to the drainage channel bed, banks, and surrounding hillsides. This

County of Monterey 4.4-16 California Flats Solar Project EIR Section 4.4 Biological Resources

Source: H.T. Harvey and Associates, Element Power , 2014 Habitat Map Figure 4.4-2a County of Monterey California Flats Solar Project EIR Section 4.4 Biological Resources

Habitat Map Source: H.T. Harvey and Associates, Element Power , 2014 Figure 4.4-2b County of Monterey California Flats Solar Project EIR Section 4.4 Biological Resources

Habitat Map Source: H.T. Harvey and Associates, Element Power , 2014 Figure 4.4-2c County of Monterey California Flats Solar Project EIR Section 4.4 Biological Resources

Habitat Map Source: H.T. Harvey and Associates, Element Power , 2014 Figure 4.4-2d County of Monterey California Flats Solar Project EIR Section 4.4 Biological Resources

Habitat Map Source: H.T. Harvey and Associates, Element Power , 2014 Figure 4.4-2e County of Monterey California Flats Solar Project EIR Section 4.4 Biological Resources

Habitat Map Source: H.T. Harvey and Associates, Element Power , 2014 Figure 4.4-2f County of Monterey California Flats Solar Project EIR Section 4.4 Biological Resources

results in cooler temperatures and retention of soil moisture for a longer period of the year than the surrounding areas. As a result, livestock and wildlife congregate in these cool areas next to the drainages, leaving areas of bare ground beneath the trees. Where the ground is not bare, lush growth of non-native annual grass species such as soft chess brome (Bromus hordeaceus), rip gut brome (B. diandrus), and foxtail barley occurs. In addition, Menzie’s fiddleneck (Amsinckia menziesii) and shade tolerant forbs such as dwarf nettle (Urtica urens), horehound (Marrubium vulgare), and bedstraw (Galium sp.) grow beneath the trees. In the openings between trees, upland vegetation is consistent with both the surrounding California annual grassland habitat and the drainage type that the riparian oak woodland occurs within.

Mixed Oak Woodland. Oak woodlands support the greatest species richness of any vegetation type in the state and they are considered important habitats (Barbour et al. 2007). Vegetation of oak woodland communities within the BSA contains deciduous oak species as the dominant species in the tree cover. Grasses and forbs are present in the understory underneath an open tree canopy.

Mixed oak woodland is present within the SGFASA and the UCSA; however, this habitat is limited within the project site, comprising approximately 0.41 acres within the Solar Generating Facility Area only. No mixed oak woodland is present within the Utility Corridor or Access Road (Table 4.4-2, Figures 4.4-2a–4.4-2f). Within the BSA this habitat typically occurs on hillcrests and slopes above drainages, where oak woodlands are patchily distributed, primarily in the northern extent of the BSA in steeper areas than what are generally observed within the project site (Figures 4.4-2a–4.4-2d), therefore little oak woodland is present within the project site itself. The one exception is a small area of oak woodland near the south-central border of the project site (Figure 4.4-2b). The oak woodlands in the BSA are characterized by an open tree canopy that is dominated by one of two species of widely spaced oak trees, primarily blue oak and a lesser complement of valley oak. The majority of the oaks in this habitat are mature, medium to large trees, forming stands at heights of 30 to 70 feet. Typical for the region, sprouting and establishment of young trees is limited, but the widely spaced oaks provide ample light for new seedlings. The blue oaks tolerate poorer soil quality than valley oaks and are found on rockier, thinner, and less fertile soils, such as slopes and hilltops, while valley oaks, which prefer deeper soils, occur on toeslopes, hillsides, and bottomland areas. However, these two species occur mixed together in the oak woodland habitat in some areas.

Beneath the oak trees, the vegetation mainly comprises annual grassland species such as soft chess brome, rip gut brome, and Menzie’s fiddleneck. In sunny openings on the hilltops and steep hillsides, the understory is generally composed of rocky soils with vegetation that is sparsely distributed. These areas support a high component of native species such as one-sided blue grass (Poa secunda ssp. secunda), buckwheat (Eriogonum sp.), and goldfields (Lasthenia californica). Soil moisture beneath the trees is preserved for longer periods in the spring supporting a lush understory that grows larger and stays green longer than the surrounding grasslands.

Ornamental Non-Native Woodland. Ornamental non-native woodland habitats are located in three discreet patches in the north, central, and southern portions of the Solar Generating Facility Area and total 9.08 acres (Table 4.4-2, Figures 4.4-2a–4.4-2d). This habitat is entirely absent from the Access Road and Utility Corridor. Specifically, a moderately dense plantation of

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tree-of-heaven (Ailanthus altissima) is present in the southeast portion of the project site, an abandoned orchard is present in the northwest portion of the project site and ornamental woodland with Peruvian pepper tree (Schinus molle), gum (Eucalyptus sp.), olive (Olea europaea), and two unidentified exotic tree species is associated with an abandoned farmstead is centrally located within the project site. The understory of these ornamental non-native woodlands is composed of species from the surrounding California annual grassland habitats such as foxtail barley and Menzie’s fiddleneck with patches of bare ground. Ornamental non-native woodland is not present in the Utility Corridor study area.

Shrub Dominated Habitats.

Interior Coast Range Goldenbush Scrub. Interior coast range goldenbush scrub habitat is concentrated in the southern portion of the BSA; however, this habitat is absent from the project site and therefore is not included in Table 4.2 (Figure 4.4-2a – 4.4-2f). This is the only shrub- dominated habitat type within the BSA and is relatively uncommon. Interior coast range goldenbush scrub habitat is characterized by widely spaced stands of 2- to 3-foot tall alkali goldenbush (Isocoma acradenia), which are located on hillsides where the soils are well-drained. The area between the shrubs is dominated by non-native grasses such as soft chess brome, rattail fescue (Festuca myuros), and red brome (Bromus madritensis), as well as native species such as small fescue (F. microstachys), Menzie’s fiddleneck, one-sided blue grass, valley popcornflower (Plagiobothrys canescens), and common monolopia (Monolopia lanceolata). Burrowing mammal activity is often abundant in these areas.

Herbaceous Dominated Habitats. The vast majority (~96%) of the BSA contain some form of grassland habitat. The grassland communities on the project site are dominated by grasses and forbs with less than 5% cover by tree and shrub species. In the BSA, the grassland community is dominated by California annual grassland, with smaller patches of habitats supporting a higher complement of native forb and grass species, such as wildflower fields, serpentine bunchgrass grasslands, and valley needlegrass grasslands. Grassland riparian in the BSA is typically quite similar to the surrounding California annual grasslands; however, it is in a special geomorphic position and is located within the steep banks of drainages within the BSA.

California Annual Grassland. California annual grassland is the single most common habitat type within the BSA overall and within the project site (Table 4.4-2, Figures 4.4-X and 4.4-2a – 4.4-2f). California annual grasslands comprise approximately 1,976.7 acres within the Solar Generating Facility Area, 36.29 acres within the Access Road and 8.83 acres within the Utility Corridor (Table 4.4-2). The vegetation is dominated by non-native Mediterranean grasses such as soft chess brome, wild oats (Avena fatua), ripgut brome, and red brome. Other weedy, non-native species are common, such as redstem filaree (Erodium cicutarium), black mustard (Brassica nigra), and yellow starthistle (Centaurea solstitialis). The California annual grasslands are currently grazed, were disked in many areas in the past, and contain limited dirt or gravel roads.

The grasslands on-site are diverse, with different herbaceous species and associations forming a variety of floristic alliances in different locations. Wild oats dominate areas of the California annual grassland, especially areas that have been previously disked and are on somewhat clayey to very clayey soils. The wild oats occur both as monocultures and in areas with more

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diversity, with soft chess brome and redstem filaree as co-dominants. Native annual species in the wild oat co-dominated areas include valley popcornflower and round leaved filaree (California macrophylla). Loamier soils are dominated by soft chess brome with a variety of native and non-native species such as redstem filaree, blow wives (Achyrachaena mollis), Douglas’s silverpuffs (Microseris douglasii), and Chilean lotus (Acmispon wrangelianus). The relative mixture of these co-dominant species and other native components varies in different locations. Along outer floodplains, benches, and slightly more mesic areas, foxtail barley is the dominant grass species (comprising up to 80% of the ground cover in some areas) along with common tarweed. Two types of areas dominated by more native species also occur in the California annual grassland: areas of even terrain dominated by small fescue, and hillslopes or grassy areas with an abundance of Menzie’s fiddleneck.

Several disturbed locations throughout the BSA were dominated (greater than 90% relative cover) by tocalote (Centaurea melitensis) mixed with soft chess brome and other non-native brome species. Larger stands are found in the south and one large stand is found north of the road in the southeast corner of the site with a co-dominant with black mustard (Brassica nigra). Similarly, other areas are dominated by the perennial invasive species, such as Russian knapweed (Acroptilon repens), black mustard, and/or wild mustard (Hirschfeldia incana). Several of these stands were observed in the central area of the project site intermixed with stands of wild oats, soft chess brome, and redstem filaree, but little native herbaceous component. Finally, large areas within the BSA are characterized by a dominant cover of medusahead (Elymus caput- medusae). These stands were most often observed in the northwest portion of the BSA on flats and in swales within grasslands otherwise dominated by non-native brome species and wild oats and with little native herbaceous cover.

Wildflower Field. Wildflower fields are the second most abundant habitat type after California annual grassland within the BSA and within the project site. Wildflower fields comprise approximately 551.87 acres within the Solar Generating Facility Area and 0.27 acres within the Access Road. No wildflower fields are present within the Utility Corridor (Table 4.4- 2, Figures 4.4-2a – 4.4-2f). These habitats are found on areas with harsh or poorer soils, and on steep slopes, rock outcrops and terraces throughout the BSA where the cover of non-native grasses is reduced. While the same non-native grasses found in the California annual grassland are still common in these areas, the wildflower field habitat contains a much higher diversity and density of native annual species. One-sided blue grass, a native perennial bunchgrass, is intermittently dispersed in the habitat. Other native species include goldfields, coastal tidytips (Layia platyglossa), and California poppy (Eschscholzia californica). Wildflower fields containing goldfields, coastal tidytips, blow wives, small fescue, and patchy distributions of yellow pincushion (Chaenactis glabriuscula) also occurred on flatter topographies as well. Wildflower fields located on heavy clay soils were characterized by high densities of round-leaved filaree, Paso Robles navarretia (Navarretia mitracarpa), adobe navarretia (Navarretia nigelliformis), blow wives, Chilean lotus, Douglas’ silverpuffs, and dye popcornflower (Plagiobothrys infectivus).

Other moderate slopes mapped as wildflower fields supported a mixture of co-dominant goldfields, dotseed plantain (Plantago erecta), slender cottonweed (Micropus californicus), and small fescue. These areas occur on loams and serpentine derived substrates, with greater native plant species abundance on infertile soils with less frequent disturbance. These areas did not

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support large concentrations of purple needlegrass (Stipa pulchra), however, and were thus not mapped as serpentine bunchgrass grasslands despite the serpentine influence.

Some areas mapped as wildflower fields were found on rock outcrops. The shale rock outcrops that occur across the BSA are mostly bare ground with diverse native component adapted to the microclimate and edaphic factors. Many of these areas, due to the steeper topography, are only on the periphery of the actual project site, or are located outside the project site. Associated native species include high densities of buckwheat, gilia (Gilia sp.), tarplant (Deinandra sp.), and cryptantha (Cryptantha sp.). Non-native species include bromes and wild oats common throughout the BSA, as well as goldentop grass (Lamarkia aurea), which was observed only on these outcrops. The shale rock outcrops also contain patches of one-sided blue grass grassland with a diverse native species component including clarkia (Clarkia sp.) and slender cottonweed. Additionally, a steep outcrop of serpentine with shallow, skeletal soils occurs north of Turkey Flat Road in the center of the BSA, extending off the site to the north (Figure 4.4-2a). Extensive bare ground (more than 50% relative cover) occurs at the outcrop, yet the area supports a diverse assemblage of native species at low densities, with scattered patches of higher densities in more developed soil. Associated native species include California poppy, coastal tidytips, dotseed plantain, and false spikeflower (Hollisteria lanata), but few native bunchgrasses. In this area, the non-native annual grasses occur sporadically at low concentrations (less than 30%), and are often stunted.

Species composition in wildflower fields can fluctuate from year to year depending on the amount and timing of precipitation (Sawyer et al. 2009). For example, goldfields and dwarf plantain become less abundant in drier years. Some of the wildflower fields contain a substantial cover of geophytes. The species is currently undetermined, but is most likely dwarf brodiaea (Brodiaea terrestris) or blue dicks (Dichelostemma capitatum). These geophytes most frequently occur where feral pigs (Sus scrofa) turn soil in their search for food. These areas are considered to have relatively high habitat suitability for supporting special status plants compared to other grasslands within the BSA.

Serpentine Bunchgrass Grassland. Serpentine bunchgrass grassland sparsely in the northern portion of the BSA but is highly limited within project components. Serpentine bunchgrass grassland is limited to approximately 0.01 acres within the Solar Generating Facility Area. This habitat is not present within the Access Road or the Utility Corridor (Table 4.4-2, Figures 4.4-2a– 4.4-2f). This habitat supports a high diversity of native species which is very similar to areas mapped as wildflower fields, but these areas also support a greater (10% or more) complement of native bunchgrasses. Again, some of these areas are associated with rock outcrops. Many non-native species such as red brome do not thrive in the soil conditions and are only found in low concentrations with stunted growth. Native species that occur here include one-sided bluegrass, purple needlegrass, dotseed plantain, yarrow (Achillea millefolium), and cream cups (Platystemon californicus).

Valley Needlegrass Grassland. Valley needlegrass grassland occurs in a limited distribution in the BSA. There are approximately 0.42 acres of this habitat present within the Solar Generating Facility Area. This habitat is not present within the Access Road or the Utility Corridor (Table 4.4-2 and Figures 4.4-2a – 4.4-2f). This habitat is defined by more than 10% relative cover of purple needlegrass as a characteristic or dominant species in the herbaceous

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layer. These areas are found on steep northwest facing slopes and small, scattered patches on hilltops that contain a substantial cover of widely spaced purple needlegrass on rocky soils. Non-native grasses such as soft chess brome and red brome are common here as well as numerous native forbs such as soap plant (Chlorogalum pomeridianum), silver blush lupine (Lupinus albifrons), and chia (Salvia columbariae).

Grassland Riparian. Grassland riparian habitat is present within the BSA, and comprises approximately 37.25 acres within the Solar Generating Facility Area, 0.03 acres is within the Access Road and approximately 0.02 acres within the Utility Corridor (Table 4.4-2, Figures 4.4- 2a – 4.4-2f). This habitat is associated with the beds and outer banks of drainages and is tracked along ephemeral, intermittent, and perennial streams throughout the BSA. These drainages are subject to intermittent flooding in the winter months that often deposit and scour sediment within the riparian system leaving areas with deep, rich soils and other areas with very little soil and many exposed cobbles. Two larger areas of grassland riparian were mapped in locations with high outer banks, alluvial soils, and a wide floodplain containing braided ephemeral and intermittent stream channels. The dominant species in the grassland riparian habitats include non-native foxtail barley, and in wetter areas seaside barley (Hordeum marinum ssp. gussoneanum). The native perennial grass species associated with this habitat type include blue wildrye (Elymus glaucus) and salt grass. Common tarweed, a native annual forb and facultative species, is also present in the grassland riparian habitat.

Aquatic/Wetland Habitats. Aquatic and wetland features comprise a small portion of the BSA, and combined are present on approximately 5.32 acres within the project site (Tables 4.4-2, Figures 4.4-2a – 4.4-2d). The habitats associated with aquatic communities are parts of drainage networks that are located throughout the BSA. As such, the aquatic habitats support a variety of wetland indicator species as well as upland plants. The four habitats within the aquatic community include ephemeral, intermittent, perennial streams, and ponds. Like the aquatic features, wetland communities are parts of drainage networks that are located throughout the BSA and support a variety of wetland indicator species. Two wetland habitats are mapped on-site: perennial marsh and seasonal wetland.

Alluvial Intermittent Stream. Alluvial intermittent stream was recorded in the southern portion of the UCSA, and comprises 0.1 acres within the Utility Corridor (Table 4.4-2, Figures 4.4-2e and f). This aquatic habitat is not present anywhere else within the BSA. The alluvial stream is situated on level terrain, and experiences occasional flooding. The edges of the floodplain are sharply incised, and California annual grassland covers the high terraces above the stream. The magnitude and frequency of flooding shape the meandering, braided channels of Cholame Creek by transporting sediment to form streambeds and banks. During large floods, the entire floodplain may be inundated, but in general, surface water is observed only in wandering channels during the rainy season; these form and disappear as a result of mobile sediment transfer. Streambeds are underlain by primarily Psamments and Fluvents, but may also contain smaller areas of moderately alkaline soils (Soil Conservation Service [SCS] 1978; Natural Resources Conservation Service [NRCS] 2013). Alluvial intermittent stream habitat consists of stratified sandy, gravelly, and cobbly sediments, and is subject to scouring and deposition. Soils drain excessively and permeability is rapid, so inundation and streamflow is flashy and episodic in nature. In this habitat type, vegetation cover varies with the intensity of the rainy season. Much of the active floodplain is void of vegetation, but some areas have moderate cover of annual grasses and salt grass. A dense swath of Fremont cottonwoods occurs

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to the southwest of this habitat in the utility corridor, and saplings and young cottonwoods are scattered across the floodplain

Ephemeral Stream. Ephemeral stream habitats occur throughout the BSA including approximately 2.95 acres located within the Solar Generating Facility Area, 0.02 acres within the Access Road and approximately 0.01 acres within the Utility Corridor (Table 4.4-2, Figures 4.4- 2a – 4.4-2f). The features are generally on level terrain and carry drainage from upstream hillsides. Ephemeral streams compose the largest percentage of the total aquatic features in both the project site and BSA. The dominant plant species in these streams, where they support vegetation, are upland species including soft chess brome, foxtail barley, valley popcornflower, and blow wives.

Two types of ephemeral streams have been observed. One type has cobble beds, incised edges, and low vegetative cover in the beds with denser vegetation occurring on the floodplains. Many of these reaches appear to have been affected by channel downcutting south of Turkey Flat Road. The other type of ephemeral stream is more shallowly incised and swale-like, with moderate to dense vegetative cover occurring within the bed that essentially matches the surrounding grassland. Some of the flatter features may function primarily as overflow or paleo-channels within floodplains of drainages with more regular current flow patterns. Stream flow during and immediately after precipitation events is expected to occur, particularly after times of high rainfall. Depending on the rainfall patterns, this may correspond to substantial amounts of water moving through the features at high velocities for short periods of time. Water depth in the ephemeral streams would be relative to precipitation patterns.

In most stretches of the ephemeral streams, ponding would not occur due to the well-drained nature of the alluvial soils within the beds of these features. Brief ponding may occur in reaches with supporting basin microtopography during precipitation events with the possibility of the water remaining for a short duration (up to two to three days) after the event. A few depressions in the bed of drainages may support ponding up to two weeks or more. In these areas, ponding would be driven by surface runoff and, in some cases, augmented by seep hydrology. Additionally, plunge pools and areas of scour could potentially pond up to 12 inches of water throughout the rainy season. The small pools typically have a muddy to gravelly bottom and deep cow punches with little vegetation, surrounded by hydrophytes such as meadow barley (Hordeum brachyantherum). These pools are likely dry by mid-summer during most years.

Intermittent Stream. Intermittent stream habitats occur in limited distribution within the BSA and are limited to including approximately 0.03 acres within the Solar Generating Facility Area. This habitat is not present within the Access Road or the Utility Corridor (Table 4.4-2, Figures 4.4-2a – 4.4-2f). Intermittent stream habitats typically occur downstream of ephemeral streams where the slope increases and form where a seasonal groundwater rise can augment run-off-based hydrology within these channels. The vegetation is dominated by annual upland and facultative plants (plants that are equally likely to occur in wetlands as in uplands) such as seaside barley, blue wildrye, Mexican rush (Juncus mexicanus), and salt grass. Wetland areas (described separately below) are found in stretches of the intermittent streams and are typically fed by seeps found within the banks of these features, or by seasonal groundwater rise in some areas. Scattered valley oaks provide shade on some downstream reaches. A variety of substrates

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underlie the intermittent streams including cobble beds, dense vegetation, and bare soil or mud. At the time of the winter and spring surveys conducted December 2011 through April 2012, up to six inches of trickling water was observed in some locations and flows in these features increased during and after precipitation events. In 2013, many of these streams have remained dry except for limited reaches or after rain events, which indicates that active hydrology within these streams is annually as well as seasonally variable.

Perennial Stream. Perennial stream habitats occur on less than one acre within the BSA including approximately 0.02 acres within the Solar Generating Facility Area and approximately 0.01 acres within the Utility Corridor (Tables 4.4-2, Figures 4.4-2a – 4.4-2f). Perennial stream habitat is absent within the Access Road. Perennial streams may support perennial marsh vegetation (discussed separately below); however, the sections discussed here include areas where bare cobble rock, gravel, and mud form the bed substrate. Some sparse emergent wetland vegetation, such as iris-leaved rush, may establish in these areas. Green algae were also observed growing in the perennial streams. As with the other stream types, streams north of Turkey Flat Road tend to be less incised and downcut than reaches and streams to the south of the road. In most of the perennial streams on-site, deep-channel incision (to 15 feet or more) limits wildlife and livestock access. Precipitation events are expected to alter flow rates, with flows slowing during summer months. For the majority of the seasons, ponding of water would not occur due to the active flows, although in-drainage pool depths may reach up to two feet in some areas.

Ponds. Three ponds are present within the BSA, but none occur within the project site and are therefore not included in Table 4.2. In the northwest corner of the BSA there is a seasonal pond (Figure 4.4-2a), and along the access road two perennially flooded ponds occur outside of the actual Access Road. All ponds within the BSA are excavated and dammed.

Seasonal Wetland. Seasonal wetlands are distributed throughout the BSA, and occur on approximately 1.89 acres within the Solar Generating Facility Area, 0.01 acres within the Access Road and approximately 0.03 acres within the Utility Corridor (Tables 4.4-2, Figures 4.4-2a – 4.4- 2f). These areas retain water during portions of the year and have characteristic wetland vegetation, soils, and hydrology. Three seasonal wetland subgroups were apparent across the BSA. They include disked wetlands, alkali wetlands, and Juncus swales.

In the topographically level grassland areas, there are a few, sparsely distributed, previously disked seasonal wetlands that mainly occur in the northern section of the BSA. These features are in minor depressions and may contain large portions of bare ground along with seasonal wetland vegetation such as seaside barley, meadow barley, and adobe popcornflower (Plagiobothrys acanthocarpus) as the dominant plant species. Sheet flow across the flat landscape can occur when precipitation is sufficient. Minimal ponding may occur in the features subsequent to precipitation events, but this wetland hydrology appears to have been somewhat disrupted by historic disking activities. No true hardpan or claypan was encountered in these features, although a heavy clay layer compressed by prior disking (a “plow layer”) was present in some areas approximately 8 inches down in the soil profile. Typically, the ponding in these features is expected to be of a short duration, up to one week following precipitation events, and of negligible depth except in deeper areas of cow punch. Infiltration would occur rapidly for clay soils in most of these features and these wetlands are primarily supported by soil

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saturation rather than ponding. Some of these wetlands were found to contain special status plant species such as hogwallow starfish (Hesperevax caulescens) and adobe navarretia (Navarretia nigelliformis ssp. nigelliformis).

The alkali wetlands on the BSA are concentrated in the northeastern corner where alkaline minerals have accumulated in the foothills and valley floor, forming a wetland complex where surface and subsurface water drains into the BSA from watersheds to the northeast (Figure 3a). These wetlands were typically composed of relatively large areas of bare ground with a high diversity of native and non-native vegetation such as alkali heath (Frankenia salina), seaside barley, meadow barley, salt grass, and adobe popcornflower dominating the vegetative cover. The wetlands in this area appear to be supported primarily by seasonally high groundwater, as water rapidly percolates into the soils after precipitation events. Most of these features are not expected to pond for a substantial amount of time following precipitation events, except where favorable landscape positions and clay soils allow ponding to occur from surface runoff.

Juncus swales within intermittent streams tend to be fed by groundwater rise and occur within the bed and banks of drainages. These wetlands are typically densely vegetated and dominated by a variety of perennial wetland species such as Mexican rush and other rushes (Juncus spp.), blue wildrye, meadow barley, yerba mansa (Anemopsis californica), sedges (Carex spp.), and common tarweed. In moister areas, the wetlands contain a high diversity of these wetland species; while in drier areas subject only to seasonal groundwater rise, the wetlands may be dominated by Mexican rush and upland species, such as soft chess brome. These wetlands are typically supported by a seasonally high water table, and do not occur in landscape positions the support ponding water for a substantial periods of time throughout the year. Within these densely vegetated wetlands; however, there are isolated seep outlets that may allow small areas of ponding (such as in cow punch) throughout the rainy season. The water is expected to generally be turbid due to livestock and wildlife use in these areas. Water from precipitation and/or groundwater typically flows through these areas during the rainy months, but rapidly percolates into the ground during the dry summer months when the groundwater table falls.

Perennial Marsh. Within the BSA perennial marsh is associated with the major perennial streams and portions of perennial tributaries, and occurs in some large spring-fed toeslope marshes. Approximately 0.17 acres of perennial marsh are present within the Solar Generating Facility Area, 0.02 acres are present within the Access Road and approximately 0.03 acres are present within the Utility Corridor (Table 4.4-2 and Figures 4.4-2a – 4.4-2f). The vegetation of perennial marshes is dominated by both aquatic and emergent wetland species such as watercress, iris-leaved rush, yerba mansa, and chairmaker’s bulrush (Schoenoplectus americanus). The substrate of the marsh within the perennial streambeds is variable, and includes a range of fine textured mud, course gravel, and 3- to 5-inch cobble. As described above, water flow seasonally fluctuates in the perennial streams, and some of the perennial marsh found within the perennial streams may scour in heavy flows during some years. During the time of the surveys (February through April 2012), the depth of water flowing in the vegetated portions of these streams was approximately 4 to 6 inches deep and the water was cool and clear.

Substrates within the large spring south of Turkey Flat Road (Figure 4.4-2a) and another large spring on the southern boundary of the BSA (Figure 4.4-2b) are composed of silty, mucky soils that contain a large amount of organic matter at various levels of decomposition. Access to the

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northern feature is restricted by a fence and the wetland vegetation is tall and well-developed. In contrast, the southern wetland is dominated by low stature rushes (Juncus spp.). Water depth in these features ranges from 2 to 3 inches in the southeastern marsh to over 12 inches within the fenced southwestern marsh.

Other Habitats.

Developed/Ruderal Grasslands. Developed/ruderal grassland habitat comprises approximately 26.38 acres within the Solar Generating Facility Area, 24.2 acres within the Access Road, and 0.67 acres within the Utility Corridor (Table 4.4-2, Figures 4.4-2a – 4.4-2e). Unpaved roads, including the access road, associated culverts, small buildings, windmills, rock- lined ditches, and storage tanks were the main developed components within the ruderal grassland habitat. These areas support very little vegetation and occur throughout the BSA. The habitat is capable of creating increased runoff from hard surfaces, such as buildings and the gravelly, compacted soil in roadbeds. Plants along roadsides were more vigorous because of the increased water availability due to soil run-off. Disturbance adapted species occur adjacent to developed areas.

Agricultural. Row crops have been planted on irrigated agricultural land in the area southwest of Cholame Creek, and approximately 0.69 acres of agricultural land is present within the Utility Corridor (Table 4.4-2, Figures 4.4-2e and f). Few or no native plant species are expected to occur here, and some introduced species likely have colonized the untilled areas adjacent to fields of row crops. The agricultural habitat is underlain by Pico fine sandy loam and Mocho silty clay loam, soils that are well drained, mildly to moderately alkaline, and common to irrigated cropland across the region (SCS 1978; NRCS 2013).

c. Soils. A total of 36 different soil types and complexes underlie the BSA. Table 4.4-3 lists the names of each soil type along with the texture class, drainage classification, and hydric status, as determined by the National Resource Conservation Service (NRCS 2012). Two of these soil series or complexes, Fluvents, Stony and Salinas Clay Loam, 0 to 2% slopes are considered hydric. However, inclusions within soil series or complexes associated with certain landforms such as basins and drainages may also be hydric (NRCS 2012). The BSA extends into both the soil survey areas for Monterey County (SCS 1978, soil symbols lettered) and San Luis Obispo County (SCS 1983, soil symbols numbered) (Table 4.4-3). Soils within the BSA are dominated by well-drained clay loams interspersed with frequent clays. Some of the heavier clays are considered to be hydric by the NRCS (Table 1). Even within most clay soils on the site, there is a lack of a restrictive layer and the soils drain freely. In many areas, frequent large cobbles occur within the profile, accelerating drainage. Some soils within the steeper portions of the BSA, including soils from the Climara and Montara series, are serpentine.

Table 4.4-3. Soils present Within the California Flats Solar Project Biological Study Area Soil Drainage Soil Name Soil Texture Hydric Acreage Symbol Classification AaC Alo silty clay, 2 to 9% slopes Silty clay Well drained No 8.3

AaD Alo silty clay, 9 to 15% slopes Silty clay Well drained No 4.8

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Table 4.4-3. Soils present Within the California Flats Solar Project Biological Study Area Soil Drainage Soil Name Soil Texture Hydric Acreage Symbol Classification AaE Alo silty clay, 15 to 30% slopes Silty clay Well drained No 4.4 AaF Alo silty clay, 30 to 50% slopes Silty clay Well drained No 1.7

Ab Alo-Millsholm complex Silty clay/loam Well drained No 40.2

AyD Ayar silty clay, 5 to 15% slopes Silty clay Well drained No 676.0

AyE Ayar silty clay, 15 to 30% slopes Silty clay Well drained No 127.8

AyF Ayar silty clay, 30 to 50% slopes Silty clay Well drained No 44.0

Ck Climara-Montara complex Clay/clay loam Well drained No 50.3

CnC Cropley silty clay, 2 to 9% slopes Silty clay Well drained No 232.2

DdB Dibble silt loam, 9 to 15% slopes Silt loam Well drained No 11.6

DdE Dibble silt loam, 15 to 30%slopes Silt loam Well drained No 28.7 Sandy loam/ Excessively Fa Fluvents, stony Yes 50.8 sand/cobbles drained Gaviota sandy loam, 30 to 75% Excessively GdF Sandy loam No 81.7 Slopes drained

Lopez shaly loam, 15 to 30% Excessively LhE Shaly loam No 16.3 slopes drained Clay McCoy-Gilroy complex, 30 to 75% MbG loam/gravely Well drained No 0.1 Slopes loam MhG Millsholm loam, 30 to 75% slopes Loam Well drained No 23.3

Mocho silty clay loam, 0 to 2% MoA Silty clay loam Well drained No 281.0 slopes

Mocho silty clay loam, 2 to 9% MoC Silty clay loam Well drained No 398.0 slopes

Mp Montara-Rock outcrop complex Clay loam/rock Well drained No 53.0

Nacimiento silty clay loam, 9 to NaD Silty clay loam Well drained No 175.7 15% slopes

Nacimiento silty clay loam, 15 to NaE Silty clay loam Well drained No 138.4 30% slopes

Nacimiento silty clay loam, 30 to NaF Silty clay loam Well drained No 226.2 50% slopes

PcC Parkfield clay, 2 to 9% slopes Clay Well drained No 1,684.2

RaC Rincon clay loam, 2 to 9% slopes Clay loam Well drained No 15.6

Pf Pico fine sandy loam Sandy loam Well drained No 14.6

Psamments and fluvents, Sandy loam/ Excessively well Ps Yes 10.4 frequently flooded sand/cobbles drained

County of Monterey 4.4-38 California Flats Solar Project EIR Section 4.4 Biological Resources

Table 4.4-3. Soils present Within the California Flats Solar Project Biological Study Area Soil Drainage Soil Name Soil Texture Hydric Acreage Symbol Classification RaD Rincon clay loam, 9 to 15% slopes Clay loam Well drained No 11.2 SbA Salinas clay loam, 0 to 2% slopes Clay loam Well drained Yes 44.0

Xc Xerorthents, loamy Loam Well drained No 150.4

Balcom-Nacimiento association, 114 Fine loam Well drained No 83.0 moderately steep Moderately well 122 Capay silty clay Clay Yes 26.3 drained 173 Mocho clay loam, 0 to 2% slopes Clay loam Well drained No 48.8

174 Mocho clay loam, 2 to 9% slopes Clay loam Well drained No 151.7 189 Rincon clay loam, 9 to 15% slopes Clay loam Well drained No 2.9 San Emigdio fine sandy loam, 2 to 195 Sandy loam Well drained No 114.9 9% slopes

d. County Protected Trees. Monterey County Zoning Ordinance 21.64.260 calls for the protection and preservation of oaks and other types of native trees. While the project site, Access Road and Utility Corridor are dominated by open grasslands, some trees do occur within the BSA (see Figure 4.4-3) however, no protected trees are present within impact areas associated with the project site, Access Road or Utility Corridor. Most trees within the BSA are mature natives and are associated with riparian drainage channels or hill slopes. Within the drainages, riparian woodlands are dominated by valley oaks, and red and arroyo willows. These drainages also support a lesser complement of blue oaks on drier, steeper riparian banks, and occasional Fremont cottonwoods in low channels with year-round flows or long periods of annual flow with high groundwater. Additionally, small patches of mixed oak woodlands occur on hillslopes within the BSA. These stands are not associated with drainage channels, but instead occur as open blue and valley oak woodlands with a grassy or bare rocky understory. Blue oaks are more common in these upland stands, and also tend to be associated with thinner, drier, and more exposed soils.

The vast majority are located peripheral to the project site and the Access Road in locations less suitable for solar field development and road improvements. Development will be concentrated on the grassy, level alluvial fans, terraces, and valleys. In these level areas, trees on-site are planted non-native ornamental and orchard trees, which are not protected by County ordinance. Aside from these non-natives, no native trees will be impacted by the project through heavy trimming or removal.

e. Common Wildlife. The project area and immediate vicinity remain relatively undisturbed with little development other than scattered residences. As such, a wide variety of common wildlife species have been documented within the BSA and the Utility Corridor. Ten mammal species were detected within the BSA including coyote (Canis latrans), California ground squirrel (Otospermophilus beecheyi), raccoon (Procyon lotor), black-tailed jackrabbit (Lepus californicus) and feral pigs (Sus scrofa). Seventy bird species were detected within the BSA

County of Monterey 4.4-39 California Flats Solar Project EIR Section 4.4 Biological Resources

including western meadowlark (Sturnella neglecta), lark sparrow (Chondestes grammacus), great horned owl (Bubo virginianus), northern flicker (Colaptes auratus), red-tailed hawk (Buteo jamaicensis), California quail (Callipepla californica), and mallard (Anas platyrhynchos). Complete lists of species detected on-site can be found in the Biotic Report in Appendix E.1.

f. Special Status Resources. For the purpose of this EIR, special status species are those plants and animals listed, proposed for listing, or candidates for listing as threatened or endangered by the USFWS under the federal Endangered Species Act; those listed or proposed for listing as rare, threatened, or endangered by the CDFW under the California Endangered Species Act (CESA); animals designated as “Species of Special Concern,” “Fully Protected,” or “Watch List” by the CDFW; and plants with a California Rare Plant Rank (CRPR) of 1, 2, 3, and 4, which are defined as:

 List 1A = Plants presumed extinct in California;  List 1B.1 = Rare or endangered in California and elsewhere; seriously endangered in California (over 80 percent of occurrences threatened/high degree and immediacy of threat);  List 1B.2 = Rare or endangered in California and elsewhere; fairly endangered in California (20-80 percent occurrences threatened);  List 1B.3 = Rare or endangered in California and elsewhere, not very endangered in California (<20 percent of occurrences threatened or no current threats known);  List 2 = Rare, threatened or endangered in California, but more common elsewhere;  List 3 = Plants needing more information (most are species that are taxonomically unresolved; some species on this list meet the definitions of rarity under CNPS and CESA);  List 4.1 = Plants of limited distribution (watch list),seriously endangered in California;  List 4.2 = Plants of limited distribution (watch list),fairly endangered in California (20-80 percent occurrences threatened); and  List 4.3= Plants of limited distribution (watch list), not very endangered in California.

For each species, the potential to occur was assessed as either present, likely, possible, unlikely, or absent for each portion of the project (Table 4.4-4). A species is “present” if the species or sign of its presence was observed. A species is “likely” to occur if the species or sign of the species has not been observed but the species is reasonably likely to occur, or if there are known records in similar habitats nearby or overlapping the study areas. A species occurrence is “possible” if the species or sign of the species has not been observed but habitat conditions suitable for the species are present. A species is “unlikely” to occur if the species or sign has not been observed and only marginal habitat conditions for the species are present. A species is “absent” if the species or sign has not been observed and habitat conditions are unsuitable for the species.

Sensitive Plant Communities and Critical Habitat. Three sensitive plant communities are known to occur within the vicinity of the BSA: Wildflower Fields, Great Valley Mesquite Scrub and Valley Sink Scrub. Neither Great Valley Mesquite Scrub nor Valley Sink Scrub plant communities were documented within the BSA; however, Wildflower Fields are present on 540.58 acres within the project site, 0.21 acres in the Access Road, and 0.13 acres within the

County of Monterey 4.4-40 California Flats Solar Project EIR Section 4.4 Biological Resources

Utility Corridor. Wildflower field is considered to be a sensitive plant community by the CDFW. In addition, federally designated critical habitat for California red-legged frog (CRLF; Rana draytonii) and California tiger salamander (CTS: Ambystoma californiense) are mapped within five miles of the BSA. Critical habitat for CRLF occurs adjacent to the BSA at the southern end of the Access Road. The Solar Generating Facility Area, Access Road and Utility Corridor are located outside of the USFWS Recovery Plan for Upland Species of the San Joaquin Valley (USFWS 1998) plan area. A number of the species covered under this recovery plan have some potential to occur on the project site; however, no portion of any of the project components occur within lands that have been specifically identified for protection or otherwise identified as import preservation areas for recovery plan objectives.

Special Status Plants and Animals. Special status plants and animals, their listing status, habitats, and potential to occur within the BSA are presented in Table 4.4-4. Figures 4.4-4 -4.4-6 depict the distribution of CNDDB (2013) records of special status plant, reptiles and amphibians, and other wildlife species and critical habitat (respectively) in the vicinity of the BSA. Most of the 53 special status plants and 32 special status animal species known from the region and listed in Table 4.4-4 have at least some potential to occur within the BSA except for the yellow warbler (Dendroica petechia), Indian valley spineflower (Aristocapsa insignis), Hardham’s suncup (Camissonia harhamiae), Hoover’s eriastrum (Eriastrum hooveri), delicate blue cup (Githopsis tenella), San Antonio hill monardella (Monardella antonina ssp. antonina), and Mason’s neststraw (Stylocline masonii). Those species with potential to occur on-site are discussed below. Please see this Biotic Report in Appendix E.1 for more detailed descriptions of life history and population status for each species found in Table 4.4-4.

Special Status Plants. Special status plant surveys were conducted from March through July 2013 across the BSA in accordance with protocols established by the U.S. Fish and Wildlife Service (USFWS), CDFW, and CNPS. A variety of surveys were conducted including surveys focused on the direct impact areas for the project plus a 100-foot buffer; intuitively controlled surveys focused on approximately 1,449 acres of additional land within the BSA; and, regional contextual surveys of the project vicinity that covered approximately 10,000 acres spread out within a 5-mile radius of the BSA. The regional contextual surveys were both intended to assist with developing an understanding of the distribution of special status plant species identified within the BSA relative to the greater project vicinity (i.e., was a particular species mostly present within the BSA, or was it commonly encountered throughout the project vicinity).

County of Monterey 4.4-41 California Flats Solar Project EIR Section 4.4 Biological Resources

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County of Monterey 4.4-42 California Flats Solar Project EIR Section 4.4 Biological Resources DRAFT

Removal of Non-native Remnant Orchard Trees (Prunus sp.)

TURKEY FLAT RD

Potential Removal of Native Valley Oaks (Quercus lobata)

k e Removal of Non-native Orn e r Removal(Olea sp., of Non-native Schimus molle Ornamentals, O C (Olea sp., Schimus molle, Others) k d e o e o r w C n o d t t o o o C w o n t t C o

C h o l e a Removal of Non-native Tree m C Removal of Non-native Tree eC of Heaven (Ailanthus altissimum) and Black Walnut (Juglans hindsii) r e e k Potential Removal of Non-native Tree of Heaven

LEGEND

Biological Study Area

Project Site

Solar Development Area

Potential Tree Impacts

Unpaved Road

2,400 1,200 0 2,400

Feet J:\Reports\Botany Reports\Biotic Reports\Final Biotic Report May 2013\Fig 5 Potential Tree Impacts.mxd Tree Potential 5 2013\Fig May Report Biotic Reports\Final Reports\Biotic J:\Reports\Botany Figure 5: Potential Tree Impacts California Flats Solar Project, California - Interim Biotic Resources Report (3308-02) General Location of Trees May 2013

Source: H.T. Harvey and Associates, Element Power , 2013 within the Project Site Figure 4.4-3 County of Monterey 33

}þ | · April 2014 Figure 4.4-4 d), TomTom County of Monterey

San JoaquinwoollythreadsSan

recurved larkspur

Jared's Jared's pepper-grass

recurved larkspur

recurved larkspur California Flats Solar Project EIR (3544-01)

San Joaquinwoollythreads

}þ | ·

California jewel-flower

recurved larkspur

round-leaved filaree

round-leaved filaree NRCAN, Esri Japan, METI, Esri China (Hong Kong), Esri (Thailan

California jewel-flower

California jewel-flower the California Natural Diversity Database

aved filaree Special Status Plant Observations Reported

Lemmon's jewel-flower Lemmon's

Lemmon's jewel-flower

e in the Vicinity of Biological Study Area by

pale-yellow layia

d-l

showy golden madia

California jewel-flower

roun

round-leaved filaree

showy golden madia

recurved larkspur

Lemmon's jewel-flower Lemmon's

Lemmon's jewel-flower Figure 4.4-4: Special Status Plant Observations Reported in the Vicinity the in Reported Observations Plant Status Special 4.4-4: Figure of the Biological Study Area by the California Natural Diversity Database Diversity Natural California the by Area Study Biological the of

Munz's tidy-tips

Lemmon's jewel-flower

Hall's tarplant

showy golden madia

pale-yellow layia Lemmon's jewel-flower

showy golden madia

Temblor buckwheat

pale-yellow layia

Panoche pepper-grass

showy golden madia

Lemmon's jewel-flower

pale-yellow layia

Lemmon's jewel-flower

Indian Valley bush-mallow

showy golden madia

Hall's tarplant

Hall's tarplant Sources: Esri, DeLorme, HERE, USGS, Intermap, increment Corp., P

oval-leaved snapdragon

round-leaved filaree

Munz's tidy-tips

Hall's tarplant

Hall's tarplant Hall's tarplant

showy golden madia

Lemmon's jewel-flower

shining navarretia

oval-leaved snapdragon

}þ | ·

Mason's neststraw

straight-awned spineflower straight-awned

straight-awned spineflower

straight-awned spineflower straight-awned

Valley Sink Scrub

showy golden madia

Hall's tarplant

oval-leaved snapdragon

Hernandez spineflower

Hernandez spineflower 2.2

delicate bluecup

Indian Valley bush-mallow

Indian Valley bush-mallow 0 Miles

Lemmon's jewel-flower

Lemmon's jewel-flower Lemmon's 1.1 Specific Location Approximate Location General Area Approximate Location Biological Study Area Road Access 5-Mile Radius 1-Mile Radius 2.2 ± LEGEND CNDDB Records Plants Terrestrial Communities

ound-leaved filaree

l-leaved snapdragon

red's pepper-grass l-leaved snapdragon

red's pepper-grass J:\Reports\Botany Reports\ADEIR Review\Fig 4-4 CNDDB Plants Records.mxd Plants CNDDB 4-4 round-leaved filaree Review\Fig Reports\ADEIR J:\Reports\Botany California Flats Solar Project EIR Section 4.4 Biological Resources Associates, 2013. Harvey and Source: H.T. California Flats Solar Project EIR Section 4.4 Biological Resources

LEGEND

Biological Study Area

Access Road

5-Mile Radius

1-Mile Radius

Critical Habitats

California Red-legged Frog western pond turtle 1022 California Tiger Salamander CNDDB Records

California Red-legged Frog, California Tiger CTS Salamander, Western Spadefoot and 584 Western Pond Turtle CNDDB Records western spadefoot 253 Specific Location

Approximate Location

·|þ}33 General Area

2.2 1.1 0 2.2 ± Miles ·|þ}41

western spadefoot 13

CTS 264

western spadefoot CRLF 14 467 CRLF CRLF 469 468

western pond turtle 888

·|þ}46 CRLF 48 ·|þ}46 western spadefoot 364 western spadefoot CTS 258 263 Sources: Esri, DeLorme, HERE, USGS, Intermap, increment P Corp., NRCAN, Esri Japan, METI, Esri China (Hong Kong), Esri (Thailand), TomTom J:\Reports\Botany Reports\ADEIRJ:\Reports\Botany Review\Fig 4.4-5 CTS_CRLF_WPTAnimals Records.mxd CNDDB Figure 4.4-5: California Red-legged Frog, CaliforniaCalifornia Tiger Salamander,Red-legged Western Frog and Spadefoot California and TigerWestern Salamander Pond Turtle ObservationsObservations Reported in the Vicinity of the Biological Study Area by California Natural Diversity Database Reported in the Vicinity of the Biological Study Area by California Flats Solar Project EIR (3544-01) the California Natural Diversity Database April 2014 Source: H.T. Harvey and Associates, 2013. Figure 4.4-5 County of Monterey California Flats Solar Project EIR Section 4.4 Biological Resources

LEGEND American badger (261) Tulare grasshopper mouse (44)blunt-nosed leopard lizard (41) San Joaquin kit fox (54) Biological Study Area San Joaquin whips

Access Road San Joaquin pocket mouse (89) blunt-nosed leopard lizard (101) 5-Mile Radius

Nelson's antelope squirrel (310) 1-Mile Radius

Critical Habitats American badger (172) Vernal Pool Fairy Shrimp

CNDDB Records San Joaquin kit fox (856) Animals* San Joaquin pocket mouse (90) Specific Location short-nosed kangaroo rat (22)

Approximate Location San Joaquin kit fox (445) San Joaquin kit fox (855) General Area

* CNDDB records do not include California pallid bat (216) Red-legged Frog, California Tiger Salamander, ·|þ}33 Western Spadefoot and Western Pond Turtle species San Joaquin kit fox (212) San Joaquin poc short-nosed kangaroo rat (23)

2.2 1.1 0 2.2 San Joaquin kit fox (57)

·|þ}41 ± Miles blunt-nosed leopard lizard (322)

blunt-nosed leopard lizard (92) coast horned lizard (723) Nelson's antelope squirrel (299)

San Joaquin kit fox (53)

mountain plover (93)

grasshopper sparrow (9) burrowing owl (587) burrowing owl (497)burrowing owl (220) San Joaquin kit fox (194) coast horned lizard (585) San Joaquin kit fox (194) giant kangaroo rat (136) pallid bat (283) Nelson's antelope squirrel (62) American badger (192) burrowing owl (223) coast horned lizard (621) blunt-nosed leopard lizard (341) burrowing owl (222) San Joaquin kit fox (529) pallid bat (282) merlin (5) pallid bat (284) San Joaquin kit fox (179) merlin (5) silvery legless lizard (25) merlin (6) burrowingburrowing owl (221 ·|þ}46 San Joaquin kit fox (528)

·|þ}46 Tulare grasshopper mouse (35)

San Joaquin kit fox (527) San Joaquin kit fox (987) Nelson's antelope squirrel (323) Nelson's antelope squirrel (323) Tulare grasshopper mouse (47) silvery legless lizard (81) bank swallow (292) Sources: Esri, DeLorme, HERE, USGS, Intermap, increment P Corp., NRCAN, Esri Japan, METI,San JoaquinEsri China kit (Hongfox (363) Kong), Esri (Thailand), TomTom J:\Reports\Botany Reports\ADEIR Review\Fig 4.4-6 Wildlife and Critical Habitats.mxd Critical and Wildlife 4.4-6 Reports\ADEIR Review\Fig J:\Reports\Botany bank swallow (292) San Joaquin kit fox (363) FigureSpecial 4.4-6: Status Wildlife Animals CNDDB Observations Records and Reported Critical Habitats in the Vicinity of the BiologicalCalifornia Study Flats Solar Area Project by EIR (3544-01) the California Natural Diversity Database April 2014 Source: H.T. Harvey and Associates, 2013. Figure 4.4-6 County of Monterey California Flats Solar Project EIR Section 4.4 Biological Resources

Table 4.4-4 Special Status Species Known or with Potential to Occur Within the Solar Generating Facility Area, Access Road, and Utility Corridor a Potential for Occurrence Potential for Occurrence Scientific Name Status Potential for Occurrence Fed/State/ Habitat Requirements within the Solar Generating within the Utility Common Name within the Access Road CRPR Facility Area Corridor Plants Absent. Not observed during Absent. Not observed Acanthomintha Rocky substrate (often protocol rare plant surveys in during protocol rare plant lanceolata serpentinite) in chaparral, Unlikely. Suitable habitat --/--/4.2 2013. Flowering/fruiting surveys in 2013. cismontane woodland, and is absent. confirmed at reference Flowering/fruiting confirmed Santa Clara thorn mint coastal scrub. population. at reference population. Acanthomintha obovata Heavy clay, alkaline, and Absent. Not observed during Absent. Not observed ssp. obovata serpentinite substrates in protocol rare plant surveys in during protocol rare plant Possible. Suitable --/--/4.2 chaparral, cismontane 2013. Flowering/fruiting surveys in 2013. grassland habitat is San Benito thorn mint woodland, and valley and confirmed at reference Flowering/fruiting confirmed present. foothill grassland. population. at reference population. Absent. Not observed during Absent. Not observed Monterey shale and other dry Amsinckia douglasiana protocol rare plant surveys in during protocol rare plant substrate in cismontane Unlikely. Soils are --/--/4.2 2013. Flowering/fruiting surveys in 2013. woodland, and valley and marginally suitable. Douglas’ fiddleneck confirmed at reference Flowering/fruiting confirmed foothill grassland. population. at reference population. Absent. Suitable habitat Absent. Suitable habitat Amsinckia furcata present, but not observed present, but not observed Cismontane woodland and during protocol rare plant during protocol rare plant Possible. Suitable habitat --/--/4.2 forked fiddleneck valley and foothill grasslands. surveys in 2013. surveys in 2013. is present. Flowering/fruiting confirmed at Flowering/fruiting confirmed reference population. at reference population. Chaparral, cismontane Androsace elongata Absent. Not observed in woodland, coastal scrub, Present. Observed during ssp. acuta Access Road corridor during Possible. Suitable habitat --/--/4.2 meadows and seeps, pinyon protocol rare plant surveys in protocol rare plant surveys is present. and juniper woodland, and 2013. California androsace in 2013. valley and foothill grassland. Possible. Not observed during Possible. Not observed protocol rare plant surveys in during protocol rare plant Clay or gypsum substrates, 2013; however, CNDDB surveys in 2013; however, Antirrhinum ovatum often alkaline, in chaparral, records show this species is CNDDB records show this Possible. Suitable habitat --/--/4.2 cismontane woodland, pinyon present in the vicinity, and species is present in the is present. oval-leaved snapdragon and juniper woodland, and rainfall may not have been vicinity, and rainfall may not valley and foothill grassland. sufficient in 2013 to support have been sufficient in 2013 seed germination. to support seed germination.

County of Monterey 4.4-51 California Flats Solar Project EIR Section 4.4 Biological Resources

Table 4.4-4 Special Status Species Known or with Potential to Occur Within the Solar Generating Facility Area, Access Road, and Utility Corridor a Potential for Occurrence Potential for Occurrence Scientific Name Status Potential for Occurrence Fed/State/ Habitat Requirements within the Solar Generating within the Utility Common Name within the Access Road CRPR Facility Area Corridor Absent. Suitable sand and Absent. Suitable habitat not woodland habitat not present, considered extirpated present, also considered Absent. Suitable sand Aristocapsa insignis from Monterey County (see extirpated from Monterey and woodland habitat not Annual herb; blooms May to Baldwin et al. 2012). Not County (Baldwin et al. present, also considered --/--/1B.2 September; occurs in sandy Indian Valley observed during 2013 protocol 2012). Not observed during extirpated from Monterey soils in cismontane woodland. spineflower rare plant surveys. 2013 protocol rare plant County (Baldwin et al. Flowering/fruiting confirmed at surveys. Flowering/fruiting 2012). reference population. confirmed at reference population. Absent. Suitable habitat Absent. Suitable habitat Astragalus macrodon Sandstone, shale, or present, but not observed present, but not observed serpentinite in chaparral, during protocol rare plant during protocol rare plant Possible. Suitable habitat --/--/4.3 Salinas milk-vetch cismontane woodland, and surveys in 2013. surveys in 2013. is present. valley and foothill grassland. Flowering/fruiting confirmed at Flowering/fruiting confirmed reference population. at reference population. Absent. Not observed in Present. Observed on project Atriplex coronata var. Alkaline, often clay substrate Access Road corridor during site during protocol rare plant coronata in chenopod scrub, valley and protocol rare plant surveys Possible. Suitable habitat --/--/4.2 surveys in 2013. foothill grassland, and vernal in 2013. Flowering/fruiting is present. Flowering/fruiting confirmed at crownscale pools. confirmed at reference reference population. population. Absent. Suitable habitat Absent. Marginally suitable Atriplex vallicola Alkaline, often clay substrate present, but not observed habitat present, but not in chenopod scrub, valley and during protocol rare plant observed during protocol Possible. Suitable habitat --/--/1B.2 Lost Hills crownscale foothill grassland, and vernal surveys in 2013. rare plant surveys in 2013. present. pools. Flowering/fruiting confirmed at Flowering/fruiting confirmed reference population. at reference population. Absent. Suitable habitat Absent. Suitable habitat Benitoa occidentalis Clay or serpentinite in present, but not observed present, but not observed chaparral, cismontane during protocol rare plant during protocol rare plant Possible. Suitable habitat --/--/4.3 western lessingia woodland, coastal scrub, and surveys in 2013. surveys in 2013. present. valley and foothill grassland. Flowering/fruiting confirmed at Flowering/fruiting confirmed reference population. at reference population.

County of Monterey 4.4-52 California Flats Solar Project EIR Section 4.4 Biological Resources

Camissonia hardhamiae Sandy, decomposed Absent. Suitable habitat and Absent. Suitable habitat and carbonate, or disturbed or substrate not present, and not substrate not present and Absent. No suitable --/--/1B.2 Hardham’s suncup burned areas in chaparral or observed during protocol rare not observed during protocol habitat present. cismontane woodland. plant surveys in 2013. rare plant surveys in 2013. Absent. Marginally suitable Absent. Marginally suitable Caulanthus californicus Chenopod scrub, valley and habitat present, but not habitat present, but not foothill grasslands, often on observed during protocol rare observed during protocol Unlikely. Marginally FE/SE/1B.1 California jewel-flower sandy soil, pinyon-juniper plant surveys in 2013. rare plant surveys in 2013. suitable soils are present. woodland. Flowering/fruiting confirmed at Flowering/fruiting confirmed reference population. at reference population.

County of Monterey 4.4-53 California Flats Solar Project EIR Section 4.4 Biological Resources

Table 4.4-4 Special Status Species Known or with Potential to Occur Within the Solar Generating Facility Area, Access Road, and Utility Corridor a Potential for Occurrence Potential for Occurrence Scientific Name Status Potential for Occurrence Fed/State/ Habitat Requirements within the Solar Generating within the Utility Common Name within the Access Road CRPR Facility Area Corridor Possible. Suitable habitat present and known Possible. Suitable habitat occurrences along the SR present, but not observed 41 corridor near the Access during protocol rare plant Road; but not observed Caulanthus lemmonii Pinyon and juniper woodland, surveys in 2013; however, during protocol rare plant Possible. Suitable --/--/1B.2 and valley and foothill CNDDB records show this surveys in 2013; however, grassland habitat present. Lemmon’s jewel-flower grassland. species is present in the CNDDB records show this vicinity, and rainfall may not species is present in the have been sufficient in 2013 to vicinity, and rainfall may not support seed germination. have been sufficient in 2013 to support seed germination.. Absent. Small areas of suitable habitat present and a Absent. Suitable habitat record of this species occurs Chorizanthe biloba var. Sandy or gravely soils on the present, but not observed approx. 2 miles west of the immemora east slope of the Diablo during protocol rare plant Unlikely. Marginally --/--/1B.2 project site, but not observed Range, in chaparral and surveys in 2013. suitable habitat present. during protocol rare plant Hernandez spineflower cismontane woodland. Flowering/fruiting confirmed surveys in 2013. at reference population. Flowering/fruiting confirmed at reference population. Absent. Marginally suitable Absent. Marginal suitable Chorizanthe rectispina Sandy or gravelly habitats in habitat present, but not habitat present, but not chaparral, cismontane observed during protocol rare observed during protocol Unlikely. Marginally --/--/1B.3 straight-awned woodland, and coastal scrub; plant surveys in 2013. rare plant surveys in 2013. suitable habitat present. spineflower often on granite in chaparral. Flowering/fruiting confirmed at Flowering/fruiting confirmed reference population. at reference population. Absent. Not observed in Chorizanthe ventricosa Serpentinite soils in Present. Observed on project Access Road corridor during Unlikely. Suitable habitat --/--/4.3 cismontane woodland and site during protocol rare plant 2013 protocol rare plant absent. potbelilied spineflower valley and foothill grassland. surveys in 2013. surveys.

Convolvulus simulans Clay soils and serpentinite Absent. Not observed in Present. Detected on the seeps in valley and foothill Access Road corridor during Possible. Suitable habitat --/--/4.2 project site in 2013 during small-flowered morning grassland, coastal scrub, and 2013 protocol rare plant present. protocol rare plant surveys. glory openings in chaparral. surveys.

County of Monterey 4.4-54 California Flats Solar Project EIR Section 4.4 Biological Resources

Cryptantha rattanii Cismontane woodland, Absent. Suitable habitat Absent. Suitable habitat riparian woodland, and valley present, but not observed present, but not observed Possible. Suitable habitat --/--/4.3 Rattan’s cryptantha and foothill grassland during protocol rare plant during protocol rare plant present. habitats. surveys in 2013. surveys in 2013. Reported from a variety of substrates including clay, sand, and alkaline soils in Absent. Suitable habitat Deinandra halliana Present. Detected on the cismontane woodland, present, but not observed Possible. Suitable habitat --/--/1B.1 project site in 2013 during chenopod scrub, and valley during protocol rare plant present. Hall’s tarplant protocol rare plant surveys. and foothill grassland, usually surveys in 2013. in areas with serpentine influence. Chenopod scrub, valley and Absent. No suitable soil Absent. No suitable soil Delphinium recurvatum foothill grasslands, conditions present and not conditions present and not cismontane woodland on observed during protocol rare observed during protocol Unlikely. Soils conditions --/--/1B.2 recurved larkspur alkaline soils; often in valley plant surveys in 2013. rare plant surveys in 2013. are not suitable. saltbush or valley chenopod Flowering/fruiting confirmed at Flowering/fruiting confirmed scrub. reference population. at reference population. Absent. Suitable habitat Absent. Suitable habitat Eriastrum hooveri Chenopod scrub, pinyon and present, but not observed present, but not observed Possible. Suitable habitat D/--/4.2 juniper woodland, and valley during protocol rare plant during protocol rare plant is present. Hooover’s eriastrum and foothill grassland. surveys in 2013. surveys in 2013.

Eriastrum luteum Sandy or gravelly soils in Absent. Suitable habitat Absent. Suitable habitat broadleafed upland forest, present, but not observed present, but not observed Unlikely. Marginally --/--/1B.2 yellow-flowered chaparral, and cismontane during protocol rare plant during protocol rare plant suitable habitat present. eriastrum woodland. surveys in 2013. surveys in 2013. Absent. Suitable habitat Absent. Marginally suitable Eriogonum Sandy, shale, talus, or barren present, but not observed habitat present, but not eastwoodianum clay substrates in cismontane during protocol rare plant observed during protocol Unlikely. Marginally --/--/1B.3 woodland and valley and surveys in 2013. rare plant surveys in 2013. suitable habitat present. Eastwood’s buckwheat foothill grassland. Flowering/fruiting confirmed at Flowering/fruiting confirmed reference population. at reference population.

County of Monterey 4.4-55 California Flats Solar Project EIR Section 4.4 Biological Resources

Table 4.4-4 Special Status Species Known or with Potential to Occur Within the Solar Generating Facility Area, Access Road, and Utility Corridor a Potential for Occurrence Potential for Occurrence Scientific Name Status Potential for Occurrence Fed/State/ Habitat Requirements within the Solar Generating within the Utility Common Name within the Access Road CRPR Facility Area Corridor Present. A few dead Absent. Limited areas of Absent. Marginally suitable Sandy or gravelly substrate, individuals found outside suitable habitat present, but habitat present, but not Eriogonum elegans often in washes, occasionally of bloom period in bed of not observed during protocol observed during protocol --/--/4.3 along roadsides in Cholame Creek, and more rare plant surveys in 2013. rare plant surveys in 2013. elegant wild buckwheat cismontane woodland and are expected to be Flowering/fruiting confirmed at Flowering/fruiting confirmed valley and foothill grassland. present during bloom reference population. at reference population. period. Absent. Suitable habitat Absent. Suitable habitat present, but not observed present, but not observed Eriogonum gossypinum Clay substrate in chenopod during protocol rare plant during protocol rare plant Possible. Suitable habitat --/--/4.2 scrub and valley and foothill surveys in 2013. surveys in 2013. present. cottony buckwheat grassland. Flowering/fruiting confirmed at Flowering/fruiting confirmed reference population. at reference population. Clay or serpentinite substrate Eriogonum nudum var. in chaparral, chenopod scrub, Absent. Suitable habitat Present. Detected on the indictum and cismontane woodland, present, but not observed Possible. Suitable habitat --/--/4.2 project site in 2013 during may also occur in open during protocol rare plant present. protocol rare plant surveys. protruding buckwheat grassy areas near these surveys in 2013. habitat types. Absent. Suitable habitat present, but not observed Absent. Marginally suitable Eriogonum temblorense Barren clay or sandstone during protocol rare plant habitat present, but not Possible. Suitable habitat --/--/1B.2 substrate in valley and foothill surveys in 2013. observed during protocol present. Temblor buckwheat grassland. Flowering/fruiting confirmed at rare plant surveys in 2013. reference population. Absent. Suitable habitat Absent. Suitable habitat Eschscholzia present, but not observed present, but not observed Serpentinite clay in chaparral, hypecoides during protocol rare plant during protocol rare plant Unlikely. Suitable soils --/--/4.3 cismontane woodland, and surveys in 2013. surveys in 2013. are lacking. valley and foothill grassland. San Benito poppy Flowering/fruiting confirmed at Flowering/fruiting confirmed reference population. at reference population. Eschscholzia rhombipetala Absent. Suitable habitat Absent. Suitable habitat Alkaline clay substrate in present, but not observed present, but not observed Possible. Suitable habitat --/--/1B.1 diamond-petaled valley and foothill grassland. during protocol rare plant during protocol rare plant is present. California poppy surveys in 2013. surveys in 2013.

County of Monterey 4.4-56 California Flats Solar Project EIR Section 4.4 Biological Resources

Githopsis tenella Absent. Suitable habitat Absent. Suitable habitat Mesic sites in chaparral and absent and not observed absent and not observed Absent. No suitable --/--/1B.3 delicate bluecup cismontane woodland. during protocol rare plant during protocol rare plant habitat present. surveys in 2013. surveys in 2013. Absent. Suitable habitat Hesperevax caulescens Mesic, clay sites or shallow Present. Detected on the present, but not observed Possible. Suitable habitat --/--/4.2 vernal pools in valley and project site in 2013 during during protocol rare plant present. hogwallow starfish foothill grassland. protocol rare plant surveys. surveys in 2013. Absent. Suitable habitat Absent. Suitable habitat present, but not observed present, but not observed Lagophylla dichotoma Sometimes clay substrate in during protocol rare plant during protocol rare plant Possible. Suitable habitat --/--/1B.1 cismontane woodland and surveys in 2013. surveys in 2013. present. forked hare-leaf valley and foothill grassland. Flowering/fruiting confirmed at Flowering/fruiting confirmed reference population. at reference population. Absent. Limited suitable Absent. Limited suitable Lasthenia glabrata ssp. habitat present and observed habitat present and Marshes and swamps coulteri in greater region, but not observed in greater region, Unlikely. Suitable habitat --/--/1B.1 (coastal salt); playas, vernal observed on project site during but not observed on project is limited. pools. Coulter’s goldfields 2013 protocol rare plant site during 2013 protocol surveys. rare plant surveys. Absent. Suitable habitat Absent. Suitable habitat Alkaline or clay soils in present, but not observed present, but not observed Layia heterotricha cismontane woodland, during protocol rare plant during protocol rare plant Possible. Suitable habitat --/--/1B.1 coastal scrub, pinyon and surveys in 2013. surveys in 2013. present. pale-yellow layia juniper woodland, and valley Flowering/fruiting confirmed at Flowering/fruiting confirmed and foothill grassland. reference population. at reference population.

County of Monterey 4.4-57 California Flats Solar Project EIR Section 4.4 Biological Resources

Table 4.4-4 Special Status Species Known or with Potential to Occur Within the Solar Generating Facility Area, Access Road, and Utility Corridor a Potential for Occurrence Potential for Occurrence Scientific Name Status Potential for Occurrence Fed/State/ Habitat Requirements within the Solar Generating within the Utility Common Name within the Access Road CRPR Facility Area Corridor Absent. Limited suitable soil Absent. No suitable soil conditions present, but not conditions present and not Layia munzii Alkaline clay soils in observed during protocol rare observed during protocol Unlikely. Limited suitable --/--/1B.2 chenopod scrub and valley plant surveys in 2013. rare plant surveys in 2013. soil conditions. Munz’s tidy-tips and foothill grassland. Flowering/fruiting confirmed at Flowering/fruiting confirmed reference population. at reference population. Lepidium jaredii ssp. White or grey clay lenses on Absent. Limited suitable soil Absent. Limited suitable soil album steep slopes, clay and conditions present, but not conditions present, but not Unlikely. Limited suitable --/--/1B.2 gypsum rich soils, in valley observed during protocol rare observed during protocol soil conditions. Panoche pepper-grass and foothill grassland. plant surveys in 2013. rare plant surveys in 2013. Absent. Suitable habitat Absent. Limited suitable soil Lepidium jaredii ssp. present, but not observed conditions present, but not jaredii Alkali and adobe soils in during protocol rare plant observed during protocol Unlikely. Limited suitable --/--/1B.2 valley and foothill grasslands. surveys in 2013. rare plant surveys in 2013. soil conditions. Jared’s pepper-grass Flowering/fruiting confirmed at Flowering/fruiting confirmed reference population. at reference population. Absent. No suitable Absent. Marginally suitable woodland or chaparral Openings in chaparral, habitat present, but not Lessingia tenuis habitat present and not cismontane woodland, and observed during protocol rare Possible. Suitable habitat --/--/4.3 observed during protocol lower montane coniferous plant surveys in 2013. present. spring lessingia rare plant surveys in 2013. forest. Flowering/fruiting confirmed at Flowering/fruiting confirmed reference population. at reference population. Absent. Suitable habitat and Absent. Suitable habitat and Madia radiata Adobe clay in valley and soil conditions present, but not soil conditions present, but foothill grassland, cismontane observed during protocol rare not observed during protocol Possible. Suitable habitat --/--/1B.1 showy golden madia woodland, and chenopod plant surveys in 2013. rare plant surveys in 2013. present. scrub. Flowering/fruiting confirmed at Flowering/fruiting confirmed reference population. at reference population. Absent. Marginally suitable Absent. Marginally suitable Malacothamnus Granitic outcrops, sandy bare soil conditions present, but not soil conditions present, but aboriginum soil, often in burned areas observed during protocol rare not observed during protocol Unlikely. Marginally --/--/1B.2 and disturbed soils, in plant surveys in 2013. rare plant surveys in 2013. suitable habitat present. Indian Valley bush- cismontane woodland and Flowering/fruiting confirmed at Flowering/fruiting confirmed mallow chaparral. reference population. at reference population.

County of Monterey 4.4-58 California Flats Solar Project EIR Section 4.4 Biological Resources

Navarretia nigelliformis Cismontane woodland, valley Present. Detected on the Present. Detected on the ssp. radians and foothill grassland, and Present. Observed during --/--/1B.2 project site in 2013 during project site in 2013 during often upland areas adjacent reconnaissance site visit. protocol rare plant surveys. protocol rare plant surveys. shinning navarretia to vernal pools.

Nemacladus Absent. Marginally suitable Absent. Marginally suitable secundiflorus var. habitat present, but not habitat present, but not Gravelly openings in secundiflorus observed during protocol rare observed during protocol Possible. Suitable habitat --/--/4.3 chaparral and valley and plant surveys in 2013. rare plant surveys in 2013. present. foothill grassland, dry slopes. large-flowered Flowering/fruiting confirmed at Flowering/fruiting confirmed nemacladus reference population. at reference population.

County of Monterey 4.4-59 California Flats Solar Project EIR Section 4.4 Biological Resources

Table 4.4-4 Special Status Species Known or with Potential to Occur Within the Solar Generating Facility Area, Access Road, and Utility Corridor a Potential for Occurrence Potential for Occurrence Scientific Name Status Potential for Occurrence Fed/State/ Habitat Requirements within the Solar Generating within the Utility Common Name within the Access Road CRPR Facility Area Corridor Grassy areas in openings in chaparral, lower montane Pentachaeta fragilis conifer forests, juniper-desert Possible. Suitable habitat Absent. No suitable habitat Absent. No suitable habitat --/--/4.3 scrub oak woodlands or other associated with Cholame present. present. fragile pentachaeta arid woodlands, and dry Creek. washes and riverbeds on sandy or granitic soils. Absent. Marginally suitable Absent. Marginally suitable Senecio aphanactis habitat present, but not habitat present, but not Chaparral, cismontane observed during protocol rare observed during protocol Unlikely. Marginally --/--/2.2 chaprarral ragwort woodland, and coastal scrub. plant surveys in 2013. rare plant surveys in 2013. suitable habitat present. Flowering/fruiting confirmed at Flowering/fruiting confirmed reference population. at reference population. Absent. No suitable habitat Absent. No suitable habitat Stylocline masonii Sandy washes in chenopod Possible. Suitable habitat present and not observed present and not observed --/--/1B.1 scrub and pinyon and juniper associated with Cholame during protocol rare plant during protocol rare plant Mason’s neststraw woodland. Creek. surveys in 2013. surveys in 2013. Birds Present. Suitable foraging habitat is present throughout Requires open water, the project site, though only Agelaius tricolor --/SSC/-- protected nesting substrate, marginal nesting habitat is Possible. Suitable foraging Possible. Suitable (nesting and foraging area with insect present in the riparian habitat. habitat is present. foraging habitat is present. tricolored blackbird colony) prey within a few miles of the Several small groups (30 or colony. less) were detected foraging on the site in March 2013. Nests in relatively extensive Ammodramus Likely. Suitable nesting and Likely. Suitable nesting and Likely. Suitable nesting patches of short to medium savannarum --/SSC/-- foraging habitat present and foraging habitat present and and foraging habitat stature grassland with (nesting) known to occur in Cholame known to occur in Cholame present and known to scattered open areas and grasshopper sparrow Valley. Valley. occur in Cholame Valley. shrubs.

County of Monterey 4.4-60 California Flats Solar Project EIR Section 4.4 Biological Resources

County of Monterey 4.4-61 California Flats Solar Project EIR Section 4.4 Biological Resources

Table 4.4-4 Special Status Species Known or with Potential to Occur Within the Solar Generating Facility Area, Access Road, and Utility Corridor a Potential for Occurrence Potential for Occurrence Scientific Name Status Potential for Occurrence Fed/State/ Habitat Requirements within the Solar Generating within the Utility Common Name within the Access Road CRPR Facility Area Corridor Burrow sites in open dry annual or perennial --/SSC/-- grasslands, deserts and Present. Species detected (burrows Present. Species detected Possible. Several suitable Athene cunicularia scrublands characterized by during wetlands surveys, sites & during burrowing animal burrows present and low growing vegetation. Also habitat mapping, and some surveys along the Access suitable foraging habitat is burrowing owl inhabits anthropogenic burrowing animal surveys wintering Road. abundant. habitats such as campuses, within the project site. sites) golf courses, cemeteries, airports, and grazed pastures. Unlikely. The Access Road is on the edge of this species range in central Unlikely. The project site Unlikely. The project site is on California. Nested is on the edge of this Breeds in stands with few the edge of this species historically in Cholame species current nesting trees in juniper-sage flats, current nesting range in central Buteo swainsoni Valley, but not known range in central California. --/ST/-- riparian areas, and oak California. Nested historically currently. Suitable foraging Nested historically in the (nesting) savannah; forages in in the area but not known Swainson’s hawk habitat is present along the area but not known adjacent alfalfa fields, currently. Suitable nesting and Access Road, with nesting currently. Suitable nesting pastures, or grasslands. foraging habitat are present on habitat located in larger and foraging habitat are the site. riparian trees within the present on the site. wider access road study area. Likely. Suitable winter Charadrius montanus Winters in Southern and Possible. Suitable winter foraging habitat present and Possible. Suitable winter --/SSC/-- Central California in sparse foraging habitat present and known to occur in Cholame foraging habitat present mountain plover (wintering) and/or short grasslands and know to occur in the Cholame Valley. The nearest record is and know to occur in the plowed fields. Valley. approximately 2 miles west Cholame Valley. of the Access Road. Occurs in open areas, Present. Suitable foraging Circus cyaneus particularly in grasslands, wet --/SSC/-- Possible. Suitable foraging habitat present. Observed Possible. Suitable meadows and marshes; (nesting) habitat present. foraging along the Access foraging habitat present. northern harrier requires larges areas over Road during surveys. which to forage.

County of Monterey 4.4-62 California Flats Solar Project EIR Section 4.4 Biological Resources

County of Monterey 4.4-63 California Flats Solar Project EIR Section 4.4 Biological Resources

Table 4.4-4 Special Status Species Known or with Potential to Occur Within the Solar Generating Facility Area, Access Road, and Utility Corridor a Potential for Occurrence Potential for Occurrence Scientific Name Status Potential for Occurrence Fed/State/ Habitat Requirements within the Solar Generating within the Utility Common Name within the Access Road CRPR Facility Area Corridor Present. Adult and subadult eagles detected within the Nests in large trees or on BSA in February and March rocky outcrops generally 2013. Active nest located 4.1 Present. eBird (NAS and situated near water bodies miles southwest of the project CLO 2012) reports a variety Possible. Species that support fish and/or Haliaeetus site. Second pair of adults of winter and early spring observed in BSA and D/SE,FP/-- waterfowl prey. Often still leucocephalus detected near possible inactive sightings in Cholame Valley other sightings recorded in (nesting & closely associated with nest 4 miles northwest of in the vicinity of the access Cholame Valley. Suitable wintering) aquatic habitats in winter, but bald eagle project site in March 2013. road. Active nest located foraging habitat present. may also scavenge and Also nests in several locations approximately 4.7 miles Nesting habitat limited. forage for a broader range of 20–30 miles west and west of the Access Road. food resources in a variety of southwest. Species’ nesting terrestrial habitats. distribution is currently expanding. Nests in densely foliated Present. Suitable nesting and Likely. Suitable nesting and Likely. Suitable nesting Lanius ludovicianus shrubs or trees. Prefers open foraging habitat present, --/SSC/-- foraging habitat present and and foraging habitat habitats with scattered known to breed in Cholame (nesting) known to breed in Cholame present and known to loggerhead shrike shrubs, trees, posts, fences, Valley, and observed during Valley. breed in Cholame Valley. utility lines, or their perches. surveys. Pooecees gramineus Found in grasslands, Possible. Suitable winter Possible. Suitable winter Possible. Suitable winter affinis --/SSC/-- agricultural lands, and open habitat present and known habitat present and known to habitat present and known (wintering) brushlands in valleys and to occur in Cholame occur in Cholame Valley. to occur in Cholame Valley. Oregon vesper sparrow desert regions. Valley.

County of Monterey 4.4-64 California Flats Solar Project EIR Section 4.4 Biological Resources

Table 4.4-4 Special Status Species Known or with Potential to Occur Within the Solar Generating Facility Area, Access Road, and Utility Corridor a Potential for Occurrence Potential for Occurrence Scientific Name Status Potential for Occurrence Fed/State/ Habitat Requirements within the Solar Generating within the Utility Common Name within the Access Road CRPR Facility Area Corridor Amphibians Possible. Suitable upland habitat present on the project site. Four potential breeding ponds are located within 1.3 miles to the north and west of Vernal and seasonal pools the project site. A neighboring Possible. Suitable and associated grasslands, Possible. Suitable upland landowner provided a photo of dispersal and aestivation Ambystoma oak savanna, woodland, and habitat present along the an apparent CTS taken at a habitat present. An californiense coastal scrub. Needs Access Road. No detections pond located 1.8 miles from artificial stock pond FT/ST,SSC/ underground refuges (i.e., to date during larval surveys the project site. Although the located outside of the California tiger -- small mammal burrows, at ponds along Access Road photo appears to be of a CTS, study corridor could salamander pipes) in upland areas such which contain marginal the specimen was not field provide suitable breeding as grassland and scrub breeding habitat. verified by a biologist and the habitat. habitats. photo was not taken during the course of a protocol-level survey or survey conducted by a biologist. CTS was not detected during larval surveys. Possible. Suitable Semi-permanent or dispersal and aestivation Possible. Suitable habitat permanent water at least 2 Present. Suitable habitat habitat present. An present and occurrence just Rana draytonii feet deep, bordered by present. Occurrence within artificial stock pond south of SR 41 and SR 46 is emergent or riparian region is documented in the located outside of the FT/SSC/-- documented in the CNDDB. California red-legged vegetation, and upland CNDDB and presence within study corridor could Designated critical habitat frog grassland, forest or scrub the project site confirmed provide suitable breeding present east of the Access habitats for estivation and through surveys. habitat. Cholame Creek Road. dispersal. could also provide suitable breeding habitat. Possible. There are Possible. There are Possible. Suitable ephemeral wetlands and ephemeral wetlands and dispersal and aestivation Grasslands and occasionally drainages along the Access drainages in the project site habitat present. An Spea hammondii valley-foothill hardwood Road that may support that may support western artificial stock pond --/SSC/-- woodlands; vernal pools or western spadefoot breeding, spadefoot breeding, and the located outside of the western spadefoot similar ephemeral pools and the nearest record is nearest record is approx. 3 study corridor could required for breeding. approx. 1.1 miles from the miles west of the project site provide suitable breeding Access Road within within the Cholame Valley. habitat. Cholame Valley.

County of Monterey 4.4-65 California Flats Solar Project EIR Section 4.4 Biological Resources

Table 4.4-4 Special Status Species Known or with Potential to Occur Within the Solar Generating Facility Area, Access Road, and Utility Corridor a Potential for Occurrence Potential for Occurrence Scientific Name Status Potential for Occurrence Fed/State/ Habitat Requirements within the Solar Generating within the Utility Common Name within the Access Road CRPR Facility Area Corridor Reptiles Occurs in dune scrub, coastal scrub, chaparral, pine-oak woodland, oak woodland, and riparian woodland. Requires Unlikely. Only marginally Unlikely. Only marginally Unlikely. Only marginally Anniella pulchra pulchra loose soil for burrowing, suitable habitat is present and suitable habitat is present suitable habitat is present --/SSC/-- moisture, warmth, and plant the nearest records for the and the nearest records for and the nearest records silvery legless lizard cover. Burrows in washes, species are ~8 miles south of the species are ~3 miles for the species are ~8 dune sand, loose soil near the project site. south of the Access Road. miles to the south. bases of slopes, and near permanent or temporary streams. Possible. Suitable Present. Suitable habitat dispersal and nesting Rivers, ponds, freshwater Present. Suitable habitat present where perennial habitat present. Western Emys marmorata marshes; nests in upland present where perennial water water is present. The pond turtle carcass found --/SSC/-- areas (sandy banks or grassy is present. The species has species has been detected in a creek bed that western pond turtle open fields) up to 1,640 feet been detected in drainages in drainages adjacent to the crosses the northern from water. within the project site. Access Road. portion of the Utility Corridor. Sparsely vegetated alkali and Unlikely. The tilled Unlikely. The tilled desert scrub habitats, in Unlikely. The tilled grassland grassland habitats of the grassland habitats of the Gambelia sila areas of low topographic habitats of the project site are Access Road are only Access Road are only FE/SE, FP/- relief. Seeks cover in small only marginally suitable. marginally suitable. marginally suitable. Species blunt-nosed leopard - mammal burrows or under Species occurrence has been Species occurrence has occurrence has been lizard shrubs or other structures; documented more than 10 been documented more documented more than 10 they do not excavate miles from the project site. than 10 miles from the miles from the Access Road. burrows. Utility Corridor. Masticophis flagellum Valley grasslands and ruddocki saltbush scrub habitats; open, Present. Suitable habitat Possible. Suitable habitat Possible. Suitable habitat --/SSC/-- dry areas with few or no present. present. present. San Joaquin coachwhip trees.

County of Monterey 4.4-66 California Flats Solar Project EIR Section 4.4 Biological Resources

Ammospermophilus Western San Joaquin Valley Unlikely. Marginally suitable Unlikely. Marginally suitable nelson from 200-1,200 feet elevation habitat is present, however habitat is present, however Unlikely. Marginally --/ST/-- on dry, sparsely vegetated evidence of this readily evidence of this readily suitable habitat is present. San Joaquin antelope loam soils in broken terrain detected species was not detected species was not squirrel with gullies and washes. observed during surveys. observed during surveys. Present. Observed south of the project site in the vicinity of the Access Road. Present. Observed adjacent Penrod et al. (2010) indicated to the Access Road. The pronghorn have been detected area to the west of the site Open grasslands and shrub in the southern portion of the Likely. Not specifically was delineated as medium- Antilocapra americana communities with good project site. The Cholame documented in the Utility high or high suitability, and --/CS/-- horizontal visibility, gentle Valley, to the west, was Corridor, but observed within the Access Road pronghorn slopes, and few obstacles to delineated as having habitat of near the Access Road and there are areas of medium, movement. medium-high or high suitability, known to occur in region. medium-high, and high and within the project site suitability as identified by there are areas with medium, Penrod et al. 2010. medium-high, and high suitability as identified by Penrod et al. 2010.

County of Monterey 4.4-67 California Flats Solar Project EIR Section 4.4 Biological Resources

Table 4.4-4 Special Status Species Known or with Potential to Occur Within the Solar Generating Facility Area, Access Road, and Utility Corridor a Potential for Occurrence Potential for Occurrence Scientific Name Status Potential for Occurrence Fed/State/ Habitat Requirements within the Solar Generating within the Utility Common Name within the Access Road CRPR Facility Area Corridor Deserts, grasslands, shrublands, woodlands, and forest. Most common in open, Possible. Suitable foraging Possible. Suitable foraging Antrozous pallidus dry, habitats with rocky area and roosting habitat present habitat present and there Possible. Suitable --/SSC/-- for roosting. Roost must and there are CNDDB records are CNDDB records of this foraging and roosting pallid bat protect bats from high of this species approx. 4 miles species approx. 2.2 miles habitat present. temperatures. Very sensitive from the project site. from the Access Road. to disturbance of roosting sites. Possible. None detected Possible. None detected Possible. None detected during surveys of the during surveys of the Access during surveys of the project project site. However, Road. However, Tule elk site. However, Tule elk were Tule elk were observed were observed approx. 2 observed approx. 6 miles approx. 6 miles southwest Cervus elaphus Open semi-arid grasslands miles southwest of the southwest of the project site, of the project site, and nannodes environments overlapping Access Road, and Tule elk --/CS/-- and Tule elk have been Tule elk have been with rangelands, woodlands, have been documented west documented west of Cholame documented west of Tule elk and desert scrub. of Cholame Valley Road. No Valley Road. No barrier to Tule Cholame Valley Road. No barrier to Tule elk movement elk movement exists between barrier to Tule elk exists between Cholame Cholame Valley Road and the movement exists between Valley Road and the Access project site. Cholame Valley Road and Road. the project site. Absent. Sub-optimal habitat is Absent. Sub-optimal habitat Unlikely. Sub-optimal Annual grasslands on the present, and no evidence of is present, and no evidence habitat present and no Dipodomys ingens western side of the San this readily detected species of this readily detected evidence of this readily FE/SE/-- Joaquin Valley. Requires was observed during surveys. species was observed detected species giant kangaroo rat level terrain and sandy loam Trapping and genetic studies during surveys. Trapping observed. Trapping and soils for burrowing. did not identify this species on- and genetic studies did not genetic studies in the BSA site. identify this species on-site. did not detect this species. Likely. Suitable foraging Likely. Suitable foraging Likely. Suitable foraging habitat is present, though Many open, semi-arid habitat is present, though habitat is present, though Eumops perotis roosting habitat is absent. habitats, including conifer and roosting habitat is absent. roosting habitat is absent. californicus There is a single CNDDB --/SSC/-- deciduous woodlands, There is a single CNDDB There is a single CNDDB record of the species in coastal scrub, grasslands, record of the species in the 9 record of the species in the western mastiff bat the 9 quadrangles chaparral, etc. quadrangles surrounding the 9 quadrangles surrounding surrounding the project project site. the access road. site.

County of Monterey 4.4-68 California Flats Solar Project EIR Section 4.4 Biological Resources

Onychomys torridus Hot, arid valleys and scrub Unlikely. The grassland tularensis deserts in the southern San Unlikely. The grassland Unlikely. The grassland habitats of the Utility --/SSC/-- Joaquin Valley. Requires habitats of the project site are habitats of the access road Corridor are only Tulare grasshopper abundant supply of insects for only marginally suitable. are only marginally suitable. marginally suitable. mouse food.

Perognathus inornatus inornatus Typically found in grasslands Possible. Suitable habitat Possible. Suitable habitat Possible. Suitable habitat --/SA/-- and blue oak savannas; present. present. present. San Joaquin pocket requires friable soils. mouse

Most abundant in drier open stages of most shrub, forest, and herbaceous habitats with Present. Suitable habitat Likely. Suitable habitat Present. Burrows with Taxidea taxus friable soils. Needs sufficient present, dens detected during present, and dens and distinct sign of badger use --/SSC/-- food, friable soils, and open burrowing animals surveys, individuals detected at observed within the Utility American badger uncultivated ground. Cannot and individuals detected during project site. Corridor. live in frequently plowed spotlight surveys. fields. Preys on burrowing rodents.

County of Monterey 4.4-69 California Flats Solar Project EIR Section 4.4 Biological Resources

County of Monterey 4.4-70 California Flats Solar Project EIR Section 4.4 Biological Resources

County of Monterey 4.4-71 California Flats Solar Project EIR Section 4.4 Biological Resources

Project site surveys and intuitively controlled surveys were floristic in nature and focused on a master target list of 52 special status plant species based on habitat characteristics, while regional contextual surveys were focused on specific species that had been detected within the BSA.

Eleven special status plant species were detected within the BSA, including:

 California androsace (Androsace elongata ssp. acuta)  Crownscale (Atriplex coronata var. coronata)  Round-leaved filaree (California macrophylla)  South Coast Range morning-glory (Calystegia collina ssp. venusta)  Potbellied spineflower (Chorizanthe ventricosa)  Small-flowered morning glory (Convolvulus simulans)  Hall’s tarplant (Deinandra halliana)  Protruding buckwheat (Eriogononum nudum var. indictum)  Temblor buckwheat (Eriogonum temblorense)  Hogwallow starfish (Hesperevax caulescens)  Shining navarretia (Navarretia nigelliformis ssp. radians)

All but Temblor buckwheat and potbellied spineflower were also found within the proposed disturbance footprint.

None of these species are federally or state listed. Round-leaved filaree, Hall’s tarplant, Temblor buckwheat and shining navarretia are included on the CRPR List 1B and the remaining species are included on CRPR List 4. List 1B species are considered rare throughout their range and are largely endemic to California, and are eligible for listing under the state Endangered Species Act. CRPR List 4 species have a limited distribution within California, but they are considered “rare” from a statewide perspective. Please refer to the Biotic Report (Appendix E.1) for a more detail discussion of each species, and to the Rare Plant Survey report (Appendix E.6) for details regarding the survey methodology and each species observed.

Note that the Utility Corridor was added to the project description after protocol rare plant surveys were completed. The presence or absence of many special status plant species has not yet been determined through protocol botanical surveys; however, the potential for occurrence can be evaluated, and Table 4.4-4 identifies those special status plant species with potential to occur in the Utility Corridor.

Special Status Birds. Six special status bird species were detected within the BSA: tricolored blackbird (Agelaius tricolor), golden eagle (Aquila chrysaetos), short-eared owl (Asio flammeus), burrowing owl (Athene cunicularia), bald eagle (Haliaeetus leucocephalus), and loggerhead shrike (Lanius ludovicianus). Another six special status bird species have the potential to occur on-site: grasshopper sparrow (Ammodramus savannarum), long-eared owl (Asio otus), mountain plover (Charadrius montanus), northern harrier (Circus cyaneus), white-tailed kite (Elanus leucurus), and Oregon vesper sparrow (Pooecetes gramineus affinis).

Tricolored Blackbird. Tricolored blackbirds nest in tall, dense, stands of cattails (Typha spp.) or similar type of marsh vegetation, and they forage in primarily in agricultural fields,

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pastures, and grasslands. One noteworthy characteristic of tricolored blackbirds is that they typically nest in colonies of 50 birds or more. Tricolored blackbirds are most commonly found in the Central Valley and in central and southern coastal areas. The CNDDB contains one record of a nesting tricolored blackbird within 20 miles of the BSA (Figure 4.4-6). Other sources have documented tricolored blackbirds nesting three to four miles south of the project site in Cholame Creek (Robertson 2002). Small flocks of tricolored blackbirds were observed within the project site in March of 2013. The project site and Access Road contain abundant foraging habitat, with marginally suitable nesting habitat of sufficient size present in riparian habitat within the project site.

Golden Eagle. Golden eagles have been observed foraging on the project site as well as west and north of the Access Road during several site surveys. Golden eagles nest on cliffs or other elevated rocky substrates, or in large mature oaks and conifers, which are not present within the BSA. During raptor nest surveys of the BSA and surrounding area in 2013, at least 13 active golden eagle territories were identified within 10 miles of the site, including one nest located approximately 2,000 feet south of the Utility Corridor in oak woodlands.

Short-Eared Owl. Short-eared owls occur in open-country throughout California, and nest on the ground much like northern harriers. Short-eared owl foraging habits are also similar to northern harriers in that they primarily forage on the wing gliding low over open habitat. Short- eared owls have been observed on the project site, and suitable nesting and foraging habitat is present on both the project site and the Access Road.

Burrowing Owl. Burrowing owls are unique among owl species in that they utilize subterranean burrows for nesting and shelter throughout the year. This habit has allowed them to proliferate in treeless expanses across the mid-west and western North America, and in fact they prefer grasslands, open shrublands, and occasionally open savannahs. In California, subterranean burrows occupied by burrowing owls are constructed by other animals, most commonly the California ground squirrel. The CNDDB contains two records of burrowing owl observations approximately five miles south of the project site (Figure 4.4-6), and several more records within 20 miles to the northeast east, east, and south. Burrowing owls and/or their sign (e.g., feathers, pellets, etc.) were observed within the project site and the Access Road during surveys in 2012, and California ground squirrel burrows are abundant throughout the site. Nearly the entire BSA provides suitable foraging and nesting habitat. No burrowing owl sign was detected in the Utility Corridor study area, but numerous suitable burrows were observed, and foraging habitat is abundant throughout.

Bald Eagle. On two occasions, bald eagles were observed in a riparian corridor just north of the project site, and bald eagles are known to forage in the Cholame Valley in the winter. Aerial surveys conducted in 2013 located an active bald eagle nest approximately four miles southwest of the project site, as well as a pair of adults near an inactive nest approximately four miles northwest of the project site. Bald eagles most commonly nest in mountain and foothill forests and woodlands near aquatic habitats, primarily in large conifers capable of supporting their substantial nests. While nesting habitat is absent from the BSA, suitable foraging habitat is present.

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Loggerhead Shrike. Loggerhead shrikes occur through most of the low elevation areas of California and occupy a wide variety of habitats including grasslands, shrublands, riparian areas, open woodlands, ruderal and developed areas, and agricultural lands. They nest in shrubs or low trees, which are present within the BSA. The CNDDB does not contain records of loggerhead shrike observations within 20 miles of the BSA, but this species has been observed within the project site several times during surveys for this analysis. Suitable nesting and foraging habitat is present throughout the BSA.

Grasshopper Sparrow. Grasshopper sparrows breed in grasslands from the foothills of the Sierra Nevada and Cascade Range west and south to San Diego County. They place their nests on the ground in short to moderate height grassland vegetation with patchy bare ground and some (not dense) shrub cover, and they forage in dense grassland and low growing vegetation. The CNDDB contains records of grasshopper sparrow observations approximately five miles south of the project site. While no grasshopper sparrows have been observed on the project site, there is suitable nesting and foraging habitat throughout the project site and Access Road.

Long-Eared Owl. Long-eared owls breed across much of western North America, including many wooded habitats in California. They typically nest in dense vegetation along habitat edges with grasslands, shrubsteppe, and meadows where they forage. They may also nest in open woodlands and patchy forests that offer suitable openings for foraging. They most commonly nest in riparian and oak woodlands adjacent to open foraging habitats, such as have been documented on within the BSA. The CNDDB does not contain records of long-eared owl observations within 20 miles of the BSA, and none have been observed within the BSA during surveys for this analysis. However, suitable nesting and foraging habitat are present throughout the project site and Access Road.

Mountain Plover. Mountain plover do not breed in California; rather they migrate to the Central and Imperial valleys during the winter. There are no CNDDB records for mountain plover within 20 miles of the BSA, but small flocks have been reported in the Cholame Valley as close as four miles south of the project site (NAS and CLO, 2012). Most observations have been in agricultural lands 10 to 15 miles east of the BSA. No mountain plovers have been observed within the BSA, but suitable foraging habitat is present.

Northern Harrier. The northern harrier is a ground-nesting species, building its nests in large expanses of undisturbed grassland or marsh habitat where tall, dense vegetation offers concealment. Northern harriers forage for a wide variety of species in a range of open habitats, flying low over the ground as they search for prey. It is because of their hunting methods that northern harriers require largely uninterrupted expanses of open habitat. There are no CNDDB records of northern harriers within 20 miles of the BSA, but they have been observed foraging within the project site. Due to ongoing grazing activities, the project site and Access Road provide suitable foraging habitat, but suitable nesting habitat is absent.

White-Tailed Kite. No white-tailed kites have been observed within the BSA. The CNDDB lists three nesting records within the Monterey County, and all are more than 30 miles from the project site; however, eBird list several observations made within the Cholame Valley, with one 2007 record within two miles of the project site (NAS and CLO 2012). White-tailed kites nest in a variety of snags, shrubs, and trees, and may be found in dense stands or isolated features They

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forage over a wide-variety of dry-land farmed or grassland habitats, particularly those that support their favored prey, voles. Suitable nesting and foraging habitat is present within the BSA.

Oregon Vesper Sparrow. Oregon vesper sparrow breeds east of the Cascade-Sierra Nevada crest on the Modoc Plateau and coastal Del Norte County, and further north into Canada. It winters in Central and Southern California, including the region in which the BSA is located. The Oregon vesper sparrow primarily occurs in areas of open ground with sparse or short vegetative cover. There are no CNDDB records of Oregon vesper sparrow observations within 20 miles of the BSA, but eBird reports sightings within approximately two miles of the project site. While this subspecies has not been observed on-site, suitable wintering habitat is present within the project site and the Access Road.

Special Status Amphibians. Surveys for California red-legged frog (CRLF) and California tiger salamander (CTS) were conducted in 2013 within the BSA in accordance with the joint U.S. Fish and Wildlife Service and California Department of Fish and Game 2003 Interim Guidance on Site Assessment and Field Surveys for Determining Presence or a Negative Finding of the California Tiger Salamander and the U.S. Fish and Wildlife Service 2005 Revised Guidance on Site Assessments and Field Surveys for the California Red-legged Frog. No CTS larvae were detected in 17 ponds surveyed for this species. CRLF were detected at multiple locations, as were western pond turtles (Emys marmorata). Western spadefoot (Spea hammondii) also has the potential to occur on- site.

California Tiger Salamander. The nearest CNDDB recorded occurrence for CTS is approximately 3.1 miles west of the project site and designated critical habitat is located approximately five miles south of the Access Road. Reconnaissance surveys and review of background information identified four potential breeding ponds within 1.3 miles northwest of the project site, one potential breeding pond north of Cottonwood Creek, two potential breeding ponds immediately adjacent to the Access Road, two outside of the road alignment but within 1.3 miles of the Access Route, and one south of the Utility Corridor. Protocol surveys conducted at 17 potential breeding ponds in Spring 2013 did not detect any life stage of CTS; however, five of the ponds contained water for a sufficient period to support CTS breeding. Most upland habitat on the project site within 1.3 miles of potential breeding ponds is suitable for CTS. CTS have been reported (although not documented) on proposed conservation bank lands immediately northwest of the project site. See Figure 4.4-5 and the CTS/CRLF report in Appendix E.7 for more details.

California Red-Legged Frog. Surveys detected CRLF within the project site in seven pools within Cottonwood Creek and two other drainages on the project site, and in a pond just south of State Road 46. Suitable aquatic habitat is also present in several pools of persisting water in the drainages within the project site and the stock ponds adjacent to the Access Road and Utility Corridor, and suitable upland refugia is present in the vicinity of suitable breeding or aquatic foraging habitat and throughout dispersal habitat on the project site (see Figure 4.4-5). Designated critical habitat is present east of the Access Road at the junction with State Road 41.

Western Spadefoot Toad. No western spadefoot have been detected on-site, but suitable aquatic habitat is present in ephemeral wetlands and drainages within the project site and near

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the Access Road. The nearest CNDDB recorded occurrence is approx. 1.1 miles from the access road and three miles west of the project site. This species has been documented on proposed conservation bank lands immediately northwest of the project site.

Note that the Utility Corridor was added to the project after the CTS and CRLF surveys were completed. The Utility Corridor study area contains aquatic habitat that may support CRLF (namely Cholame Creek) and is within the vicinity of ponds that may support CTS and western spadefoot. The Utility Corridor study area also contains suitable upland habitat that could support CTS, CRLF, and western spadefoot.

Special Status Reptiles. Western pond turtle (Emys marmorata) and San Joaquin coachwhip (Masticophis flagellum ruddocki) have been detected on-site. One additional special status reptile has the potential to occur on-site: coast horned lizard (Phrynosoma blainvillii).

Western Pond Turtle. Western pond turtle was documented during CTS and CRLF surveys of the BSA in two stock ponds along the access road, and five other ponds and in- stream pools in Cottonwood Creek, Drainage 1, and Drainage 2 (see Figure 5 in Appendix E.7 - CTS/CRLF Report). Please refer to the CTS/CRLF survey report for more details. The Utility Corridor was not included in the CTS/CRLF surveys. Suitable aquatic habitat is present in pools of persisting water in the creeks within the project site, and suitable nesting habitat is present throughout the uplands adjacent to these aquatic habitats. Suitable aquatic and upland habitat is also present within and adjacent to the Utility Corridor study area (e.g., Cholame Creek).

San Joaquin Coachwhip. San Joaquin coachwhips were detected within the project site, but suitable habitat is also present along the Access Road and within the Utility Corridor, particularly where small mammal burrows are present. The nearest CNDDB recorded occurrence is approximately 11 miles southwest of the project site and 7.5 miles southwest of the Access Road.

Coast Horned Lizard. No coast horned lizards have been detected on-site, but suitable habitat is present, particularly where shrub cover and/or loose soils are present. The nearest CNDDB recorded occurrence is approximately three miles of the project site and two miles west of the Access Road.

Special Status Mammals. Two special status mammal species were detected on-site: San Joaquin kit fox (Vulpes macrotis mutica) and American badger (Taxidea taxus). Another three special status mammals have the potential to occur on-site: Pallid bat (Antrozous pallidus), western mastiff bat (Eumops perotis californicus), and San Joaquin pocket mouse (Perognathus inornatus inornatus).

San Joaquin Kit Fox. San Joaquin kit foxes were detected along the southern portion of the Access Road during spotlighting surveys, and several potential dens were detected throughout the site. On a separate occasion, a canid was observed within the project site which looked very much like a kit fox, though it was too far away to confirm the species. A road-kill kit fox was observed on SR 41 within one mile of the Access Road. The majority of the project site and Access Road contain suitable habitat, and the CNDDB contains 38 records of kit fox occurrences within a 20-mile radius of the project site, several of which were sighted as recent as 2005. No

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confirmed kit fox dens were identified within the project site but burrows created by American badgers and California ground squirrel are present and are of sufficient size to accommodate kit foxes.

American Badger. American badger are ubiquitous throughout the region in which the BSA is located, and abundant evidence was observed within the Utility Corridor, project site and Access Road including potential dens, prey excavations, and two adult badgers observed during spotlight surveys. The CNDDB contains several records of badgers within 20 miles of the BSA. The entire project site and Access Road (excluding the developed SR 41) provide suitable habitat for American badgers.

Pallid Bat. No pallid bats were detected during site surveys. The nearest CNDDB recorded occurrence for pallid bat is approximately four miles west of the project site and 2.2 miles southeast of the Access Road. Pallid bats roost in crevices or cavities found in natural features such as trees, cliffs, caves, and rocky outcrops, as well as in man-made features such as barns, bridge, mines and attics. Suitable roosting habitat is present within the project site in rocky areas, old trees, and even under loose bark, and the trees on-site provide suitable roosting habitat, primarily in the native and non-native trees on-site. No suitable roosting habitat is present within the Access Road. Suitable foraging habitat is present throughout the project site and the Access Road.

Western Mastiff Bat. No western mastiff bats were detected during site surveys. There are no CNDDB records of western mastiff bats within five miles of the BSA, but the site is within the range of the species and suitable foraging habitat is present within the project site and Access Road. Western mastiff bats roost primarily in cliffs or high buildings and bridges, none of which are present. Therefore, western mastiff bats are not expected to roost on-site.

San Joaquin Pocket Mouse. The nearest CNDDB record for San Joaquin pocket mouse is approximately 14 miles east of the BSA. Though none were detected within the project site or Access Road, San Joaquin pocket mice could occur where suitable friable soils are present in grasslands and blue oak woodlands.

Small mammal trapping was conducted within the BSA, and 36 kangaroo rats (Dipodomys spp.) were captured. Field observations were indicative for the presence of Heermann’s kangaroo rat (D. heermanni) on the site, and captured specimens were preliminarily identified as Heermann’s kangaroo rat or narrow-faced kangaroo rat (D. venustus); however, morphometric measurements and genetic analysis of the captured specimens confirmed that all individuals fall within D. heermanni. Based on morphometric and genetic analyses, narrow-faced kangaroo rat, Tipton kangaroo rat (D. nitratoides nitratoides), short-nosed kangaroo rat (D. nitratoides brevinasus), and giant kangaroo rat (D. ingens) were not captured within the BRA and only Heermann’s kangaroo rat is considered present within the BRA. Please see the Kangaroo Rat report in Appendix E.8 for more details. Note that small mammal trapping did not occur within the Utility Corridor.

Special Status Invertebrates. Critical habitat for vernal pool fairy shrimp (Branchinecta lynchi) is located approximately 10 miles to the west of the BSA. Protocol vernal pool branchiopod surveys were conducted within the BSA to determine the presence or absence of

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listed vernal pool branchiopod species. Dry-season sampling was conducted in Fall 2013 at all areas determined to potentially support listed branchiopods. Sampling areas consisted of seasonally inundated depressions that contain an average of two inches or greater in water depth for a period of 14 or more consecutive days for fairy shrimp and 30 days or more for tadpole shrimp. Forty-five seasonal wetlands were sampled, with three seasonal wetlands containing cysts for listed vernal pool fairy shrimp. See Figure 4.4-7 and the Dry-Season Branchiopod report in Appendix E.10 for more details.

Wet-season protocol surveys were conducted within the BSA during the 2012/2013 winter rainy season. Nine seasonal wetlands were sampled and no listed branchiopods were detected; however, the area received approximately 50% of the average precipitation recorded for the region containing the BSA. Please refer to the Wet-Season Branchiopod report in Appendix E.9 for more details.

Note that the Utility Corridor study area was added to the project after dry-season and wet- season sampling was completed; and, therefore, was not subject to vernal pool branchiopod surveys.

CDFW Managed Game Species. No CDFW managed game species were observed within the BSA, but two species have the potential to occur and be affected by the project: Pronghorn antelope (Antilocapra americana) and Tule elk (Cervus elaphus nannodes).

Pronghorn Antelope. No pronghorn or their sign were detected within the project site, but they have been observed foraging within the Access Road. Pronghorn have also been documented in the Cholame Valley on both sides of the Access Road and within the southern portion of the project site (Penrod et al., 2010). A herd of approximately 40 to 50 pronghorn have been tracked by the CDFW within the Cholame Valley.

Habitat suitability modeling identified the Cholame Valley as a Target Zone for pronghorn, indicating the area represents a known herd range that should remain connected to the Carrizo Plain herd to the south (Penrod et al., 2010). Areas within the project site and Access Road are considered to be of medium, medium-high, and high suitability values for pronghorn.

Tule Elk. No Tule elk or their sign were detected within the BSA. Incidental observations were reported north of SR 46 approximately six miles southwest of the project site and two miles southwest of the Access Road. Tule elk have also been documented west of Cholame Valley road (Penrod et al., 2010) and there is no barrier to access between this area and the Access Road. Suitable habitat is present and Tule elk may occur on-site.

Wildlife Movement Corridors. Wildlife movement corridors, or habitat linkages, are generally defined as connections between habitat patches that allow for physical and genetic exchange between otherwise isolated animal populations. Such linkages may serve a local purpose, such as providing a linkage between foraging and denning areas, or they may be regional in nature. Some habitat linkages may serve as migration corridors, wherein animals

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Vernal Pool Branchiopod

Source: H.T. Harvey and Associates, Element Power , 2014 Habitat Impacts Figure 4.4-7 County of Monterey California Flats Solar Project EIR Section 4.4 Biological Resources

periodically move away from an area and then subsequently return. Others may be important as dispersal corridors for young animals. A group of habitat linkages in an area can form a wildlife corridor network.

Habitats within a linkage are not necessarily the same as those being linked. Rather, the linkage needs only contain sufficient cover and forage to allow temporary inhabitation by ground- dwelling species during periods of movement among areas of suitable habitat. Typically habitat linkages are contiguous strips of natural areas, though dense plantings of landscape vegetation can be used by certain disturbance-tolerant species. Depending on the species, a linkage may require specific minimum physical characteristics (such as rock outcroppings, vernal pools, specific vegetation cover, etc.) to function as an effective wildlife corridor, and allow those species to traverse the linkage. For highly mobile or aerial species, habitat linkages may be discontinuous patches of suitable resources spaced sufficiently close together to permit travel along a route in a relatively short period of time.

The CDFW BIOS website (CDFW, 2014x), California Essential Habitat Connectivity Project: A Strategy for Conserving Connected California (Spencer et al., 2010) and Penrod et al. (2010) were reviewed for wildlife movement information. The BSA and Utility Corridor are not located within an identified wildlife movement corridor or linkage (CDFW, 2014x; Spencer et al., 2010). However, Penrod et al. (2010) analyzed San Joaquin kit fox movement within the region of the project and identified suitability of habitats for kit fox movement. The habitat characteristics on which the Penrod et al. (2010) analysis was based were vegetation (weighted at 50%), terrain ruggedness (25%), and vegetation density (25%). On the project site, habitat was identified as having a medium to low degree of suitability, due to steeply sloped areas (such as the mountains bordering the east edge of the project site and the steep slopes separating the project site from the valley floor) and areas dominated by riparian or oak woodland habitats (with high vegetation density). The portions of the project site within the SDA are within areas identified as having a medium to high degree of suitability, because of the open grassland occurring across broad areas of low topographic relief. While the northern portions of the project site are beyond the northern limit of the Penrod et al. (2010) study area, these areas within the SDA also contain habitat that would most likely be characterized as having a medium to high degree of suitability for kit fox according to the criteria used by Penrod et al. (2010).

The project site is on the northeastern fringe of the Cholame Valley kit fox population, which represents the northern target zone for kit fox connectivity through the Carrizo Plain (Penrod et al. 2010). In Penrod et al. (2010), populations between which movement paths are modeled are termed target zones because they are the end points of a habitat corridor. The results of the full coverage den surveys, camera stations, and spotlight surveys collectively indicate that the relatively small, moderately suitable grassland habitat patches comprising the project site are rarely used by San Joaquin kit fox, and pronghorn and Tule elk have not been observed with the project site. Given the remote location of the project site, the low level of development in the vicinity, the relatively low degree of disturbance on the site and the presence of natural habitats on and adjacent to the project site, it is highly likely that wildlife move freely through the site; however the site is unlikely to serve as a distinct or important movement corridor or habitat linkage for any protected or managed species.

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g. Regulatory Framework.

United States Fish and Wildlife Service. The USFWS implements the Migratory Bird Treaty Act (16 United States Code [USC] Section 703-711) and the Bald and Golden Eagle Protection Act (16 USC Section 668). The USFWS and National Marine Fisheries Service (NMFS) share responsibility for implementing the Federal Endangered Species Act (FESA) (16 USC § 153 et seq.). The USFWS generally implements the FESA for terrestrial and freshwater species, while the NMFS implements the FESA for marine and anadromous species. Projects that would result in “take” of any federally listed threatened or endangered species are required to obtain permits from the USFWS or NMFS through either Section 7 (interagency consultation with a federal nexus) or Section 10 (Habitat Conservation Plan) of FESA, depending on the involvement by the federal government in permitting and/or funding of the project. The permitting process is used to determine if a project would jeopardize the continued existence of a listed species and what measures would be required to avoid jeopardizing the species. “Take” under federal definition means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct. Proposed or candidate species are not subject to FESA’s take prohibitions; however, the USFWS and NMFS advise project applicants that they could be elevated to listed status at any time.

United States Army Corps of Engineers. Under Section 404 of the Clean Water Act, the U.S. Army Corps of Engineers (USACE) has authority to regulate activities that result in discharge of dredged or fill material into wetlands or other “waters of the United States.” Perennial and intermittent creeks are considered waters of the United States if they are hydrologically connected to other jurisdictional waters. The USACE also implements the federal policy embodied in Executive Order 11990, which is intended to result in no net loss of wetlands. In achieving the goals of the Clean Water Act, the USACE seeks to avoid adverse impacts and offset unavoidable adverse impacts on existing aquatic resources. Any discharge into wetlands or other “waters of the United States” that are hydrologically connected and/or demonstrate a significant nexus to jurisdictional waters would require a permit from the USACE prior to the start of work. Typically, when a project involves impacts to waters of the United States, the goal of no net loss of wetlands is met through compensatory mitigation involving creation or enhancement of similar habitats.

California Department of Fish and Wildlife. The CDFW derives its authority from the Fish and Game Code of California. The California Endangered Species Act (CESA) (Fish and Game Code Section 2050 et. seq.) prohibits take of state listed threatened, endangered or fully protected species. Take under CESA is restricted to direct mortality of a listed species and does not prohibit indirect harm by way of habitat modification. The CDFW also prohibits take for species designated as Fully Protected under the Code.

California Fish and Game Code sections 3503, 3503.5, and 3511 describe unlawful take, possession, or destruction of birds, nests, and eggs. Fully protected birds (Section 3511) may not be taken or possessed except under specific permit. Section 3503.5 of the Code protects all birds- of-prey and their eggs and nests against take, possession, or destruction of nests or eggs. Species of Special Concern (SSC) is a category used by the CDFW for those species which are considered to be indicators of regional habitat changes or are considered to be potential future protected species. Species of Special Concern do not have any special legal status except that

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which may be afforded by the Fish and Game Code as noted above. The SSC category is intended by the CDFW for use as a management tool to include these species into special consideration when decisions are made concerning the development of natural lands. The CDFW also has authority to administer the Native Plant Protection Act (NPPA) (Fish and Game Code Section 1900 et seq.). The NPPA requires the CDFW to establish criteria for determining if a species, subspecies, or variety of native plant is endangered or rare. Under Section 1913(c) of the NPPA, the owner of land where a rare or endangered native plant is growing is required to notify the department at least 10 days in advance of changing the land use to allow for salvage of the plant(s).

Prior to substantially diverting or obstructing the natural flow of, or substantially changing, the bed, channel, or bank of any perennial and intermittent streams notification must be provided to CDFW in accordance with Section 1600 et seq. of the Fish and Game Code (Lake and Streambed Alteration Agreements).

Regional Water Quality Control Board. The State Water Resources Control Board (SWRCB) and each of nine local Regional Water Quality Control Boards (RWQCB) have jurisdiction over “waters of the State” pursuant to the Porter-Cologne Water Quality Control Act which are defined as any surface water or groundwater, including saline waters, within the boundaries of the State. The SWRCB has issued general Waste Discharge Requirements (WDRs) regarding discharges to “isolated” waters of the State (Water Quality Order No. 2004-0004- DWQ, Statewide General Waste Discharge Requirements for Dredged or Fill Discharges to Waters Deemed by the U.S. Army Corps of Engineers to be Outside of Federal Jurisdiction). The local RWQCB enforces actions under this general order for isolated waters not subject to federal jurisdiction, and is also responsible for the issuance of water quality certifications pursuant to Section 401 of the CWA for waters subject to federal jurisdiction.

Monterey County. The County has adopted ordinances that protect specific resources including Chapter 16.60: Preservation of Oak and other Protected Trees and Chapter 16.12: Erosion Control. In addition, the proposed project is located within the South County Area Plain as defined in the 2010 Monterey County General Plan. The Conservation and Open Space Element of the General Plan contains several policies aimed at the conservation of biological resources including conservation of listed species, critical habitat, and open space areas, as well as avoidance, minimization, and mitigation of significant impacts to biological resources. The General Plan further specifies that the USFWS and CDFW will be consulted if development may affect listed species. The Environmental Impact Report for the General Plan includes a mitigation measure specific to biological resources and Project consistency with the Monterey County General Plan is outlined in Section 4.10, Land Use, of this EIR.

San Luis Obispo County. The southern portion of the Access Road, including improvements to SR 41, is located within San Luis Obispo County and is, therefore, subject to the governing policies and ordinances therein. Biological resources are specifically addressed in the Conservation and Open Space Element (May 2010) as well as in the Shandon-Carrizo Area Plan.

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4.4.2 Impact Analysis

a. Methodology and Significance Thresholds. Data used for this analysis included aerial photographs, topographic maps, the CNDDB, the CNPS online inventory of rare and endangered plants, accepted scientific texts to identify species, and review of studies completed for the proposed project site available in Appendices E.1-E.12.

Evaluation Criteria. The following thresholds are based on Appendix G of the State CEQA Guidelines. Impacts would be significant if the proposed project would result in any of the following:

1. Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service; 2. Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service; 3. Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means; and/or 4. Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites. 5. Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance. 6. Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan.

b. Project Impacts and Mitigation Measures.

Impact B-1 Implementation of the proposed project could have a substantial adverse effect, either directly or through habitat modifications, on species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service. This impact is Class II, significant but mitigable.

Special Status Plant Species. Protocol rare plant surveys were completed within the BSA in 2013. Additional surveys were conducted within the greater vicinity of the BSA to provide a regional context for special status plant species identified within the BSA. These surveys identified 11 special status plant species within the BSA (Table 4.4-4). These species varied widely in their distribution and density across the BSA due to the broad range of elevation, topography, soils, habitat, and microhabitat represented across the BSA (see Figures 4.4-2a-f and soils in Figure 4 of the Biotic Report in Appendix E.1). The BSA supports a unique combination of heavy clay soils, flat topography, mild serpentine influence, and southern

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exposures that is generally rare in the project vicinity. As a result, several species that thrive in these conditions (e.g., shining navarretia, round-leaved filaree, and hogwallow starfish) were found to be more abundant on the project site than in the project vicinity. However, the project site generally lacks other habitat types (e.g., alkaline wetlands and shale hill slopes) that support different suites of special status plant species. Thus, several species, including crownscale, Hall’s tarplant and Temblor buckwheat were much more abundant in the BSA than on the project site.

The regional contextual surveys provide a glimpse of the importance of special status plant species populations within the BSA relative to the greater region. Regional contextual surveys were not an exhaustive inventory of the entire region within the 5-mile radius around the BSA. Furthermore, they were conducted at a lower survey intensity compared to the protocol surveys performed within the BSA, and the regional contextual surveys were only conducted in June when many plant species were not in bloom. Therefore, it is very likely that additional, undetected populations of shining navarretia, round-leaved filaree, and hogwallow starfish are present in the project vicinity, or that some of the populations identified in 2013 are larger than estimated due to breakdown of dead plants and difficulties in locating all individuals when the species were not in bloom. Nevertheless, some regional contextual surveys occurred concurrent with BSA surveys and, due to the combination of unique factors within the BSA and flatter topography outside of the BSA, the observed difference in densities of these species on and off the BSA likely reflect actual differences in habitat availability and suitability for these species.

Table 4.4-5 Special Status Plant Species Identified Within the BSA During 2013 Protocol Surveys. Approximate Number of Individuals Scientific Name Status BSA Common Name Fed/State/CRPR project site (Outside of project site Androsace elongata ssp. acuta --/--/4.2 56 50 California androsace Atriplex coronata var. coronata --/--/4.2 15 235 crownscale California macrophylla --/--/1B.1 245,420 82,356 round-leaved filaree Calystegia collina ssp. venusta --/--/4.3 19,548 2,370 South Coast Range morning-glory Chorizanthe ventricosa --/--/4.3 0 845 potbellied spineflower Convolvulus simulans --/--/4.2 250 12 small-flowered morning glory Deinandra halliana --/--/1B.1 1 0 Hall’s tarplant Eriogonomum nudum var. indictum --/--/4.2 10 227 protruding buckwheat Eriogonum temblorense --/--/1B.2 0 5,700 Temblor buckwheat Hesperevax caulescens --/--/4.2 27,332 200 hogwallow starfish Navarretia nigelliformis ssp. radians --/--/1B.2 806,368 219,260 shining navarretia

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Among the most notable findings during the 2013 special status plant surveys was the observed abundance of two species: round-leaved filaree and shining navarretia. Despite their rarity within California, both species were locally common across the BSA and occurred in very large numbers. According to CNDDB records, round-leaved filaree has been known to occur in very large numbers at several locations. In some places, it represents 1–5% relative plant cover across several acres, and populations can total more than 10,000 plants. Nonetheless, the meta- population of round-leaved filaree on the project site (and in the greater region) is likely among the largest known concentrations of round-leaved filaree, representing several hundred thousand plants.

Similarly, the abundance of shining navarretia on the project site and BSA (and in the project vicinity) is unprecedented for this species. The vast majority of currently known shining navarretia populations reported in the CNDDB (2013) support fewer than 1,000 individuals, with the largest known population containing approximately 10,000 individuals. However, the meta-population of shining navarretia on the project site (and in the project vicinity) represents more than one million plants. These abundances are likely the result of a unique combination of conditions, including heavy clay soils, flat topography, mild serpentine influence, and southern exposures.

Another notable finding of the 2013 special status plant surveys was the identification of one very rare (CRPR List 1B) species, Temblor buckwheat, within the BSA but not on the project site. A single individual of Hall’s tarplant, also a very rare species, was found on the project site. Both species, Temblor buckwheat and Hall’s tarplant, are known from fewer than 20 occurrence records in the CNDDB (2013), and both were found in greater abundance during regional contextual surveys (11,000+ individuals and 1,500 individuals, respectively).

An additional species found on the project site, small-flowered morning-glory, is a CRPR List 4 species according to CNPS, and is not tracked by CNDDB; however, this species is mostly restricted to southern California and is extremely rare in the Central Coast region (CCH 2013; CalFlora 2013). The findings of other CRPR List 4 species were notable not because of their rarity, but because of they occurred in very large numbers (either on the project site or in the greater region). These species were crownscale (~11,000 plants in the project vicinity), South Coast Range morning-glory (~20,000 plants on the project site), and hogwallow starfish (~27,000 plants on the project site).

An important caveat to the results of these surveys is that the species composition of California annual grasslands is known to vary significantly among survey years. Precipitation recorded at nearby Parkfield, California, was 48% of the 30-year average for the 2012-2013 growing season, and 79% percent of the 30-year average for the 2011-2012 growing season (see Rare Plant Survey report in Appendix E.6 for more details). The majority of species on the target list (40 out of 50 species) were located during reference site visits, but it is possible that some of the remaining species did not germinate in 2013 due to the dry conditions.

The Utility Corridor was added to the project description after these protocol surveys had been completed. Two species, shining navarretia and elegant wild buckwheat, were observed during reconnaissance surveys of the Utility Corridor. Thirty additional species (see Table 4.4-5) have potential to occur based on the presence of suitable habitat.

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Table 4.4-6 Special Status Plant Species With Potential to Occur* Within the Utility Corridor Based on Habitat Suitability. Scientific Name Status Scientific Name Status Common Name Fed/State/CRPR Common Name Fed/State/CRPR

Acanthomintha obovata ssp. Eriogonum gossypinum obovata --/--/4.2 --/--/4.2 cottony buckwheat San Benito thorn mint

Amsinckia furcate Eriogonum nudum var. indictum --/--/4.2 --/--/4.2 forked fiddleneck protruding buckwheat

Androsace elongata ssp. acuta Eriogonum temblorense --/--/4.2 --/--/1B.2 California androsace Temblor buckwheat

Antirrhinum ovatum Eschscholzia rhombipetala --/--/4.2 --/--/1B.1 oval-leaved snapdragon diamond-petaled California poppy

Astragalus macrodon Fritillaria agrestis --/--/4.3 --/--/4.2 Salinas milk-vetch stinkbells

Atriplex coronata var. coronata Hesperevax caulescens --/--/4.2 --/--/4.2 crownscale hogwallow starfish

Atriplex vallicola Lagophylla dichotoma --/--/1B.2 --/--/1B.1 Lost Hills crownscale forked hare-leaf

Benitoa occidentalis Layia heterotricha --/--/4.3 --/--/1B.1 western lessingia pale-yellow layia

California macrophylla Lessingia tenuis --/--/1B.1 --/--/4.3 round-leaved filaree spring lessingia

Calystegia collina ssp. venusta Madia radiata --/--/4.3 --/--/1B.1 South Coast Range morning-glory showy golden madia

Caulanthus lemmonii Microseris sylvatica --/--/1B.2 --/--/4.2 Lemmon’s jewel-flower Sylvan microseris

Navarretia nigelliformis ssp. Convolvulus simulans --/--/4.2 nigelliformis --/--/4.2 small-flowered morning glory Adobe navarretia

Nemacladus secundiflorus var. Cryptantha rattanii --/--/4.3 secundiflorus --/--/4.3 Rattan’s cryptantha large-flowered nemacladus

Deinandra halliana Stylocline masonii --/--/1B.1 --/--/1B.1 Hall’s tarplant Mason’s neststraw

Eriogonum eastwoodianum --/--/1B.3 Eastwood’s buckwheat

*Species determined to be unlikely to occur based on limited or lack of suitable habitat or soils are not included on this list.

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Impacts to CRPR List 4 plant species would be considered significant and require compensatory mitigation if more than 30% of the population occurring within the BSA, and/or known populations of the species within a 5-mile radius of the BSA (where such populations are known), would be affected. In addition, the impact may be considered significant if less than 30% of the population within the BSA would be affected but the population exhibits unusual morphology, occurs on unusual substrates for that species, or if loss related to the project could reduce the species’ range, as determined by a qualified botanist familiar with the population present in the impact area and the rare flora of the Central Coast Ranges.

Direct Impacts to Special Status Plant Species. If special status plants are present, Project activities in grassland habitat, such as grading, excavation, structure and infrastructure placement, and trenching, could directly and adversely affect these plants through destruction of individuals and occupied habitat. Other types of ground disturbance, such as construction access, staging, trampling, or soil compaction by equipment and vehicles, could also result in destruction of individuals, but these types of impacts would not be expected to result in permanent loss of occupied habitat.

Most ground-disturbing impacts resulting from implementation of the project would be considered permanent impacts on special status plants because of their specialized microhabitat conditions. However, temporary construction access activities that (1) do not involve grading (e.g., personnel or equipment access leading to vegetation trampling, line pulling and tensioning, or temporary non-hazardous materials laydown), (2) occur in known, occupied, special status plant habitat but (3) outside the growth or blooming period for that species, such that there is (4) no expected change in drainage patterns, aspect, or soil compaction requiring restoration actions, and no movement or loss of existing topsoil, are not expected to permanently affect the special status plant populations present on the site or lead to the decline or extirpation of these populations. Therefore, such access-related impacts may be considered temporary. However, because bloom and fruit-set for all special status plant species identified on-site is collectively expected to span several months, avoiding these life stages for all special status plant species is likely not feasible, and individuals and populations would be expected to be impacted by the project.

Indirect Impacts to Special Status Plant Species. Indirect impacts to special status plant species could include the further spread of non-native weedy species and shifts in microhabitat conditions on-site over time. Non-native invasive plant species are ubiquitous across the BSA, either occurring widely distributed at low densities or patchily distributed at high densities. Most species were associated with the grassland habitat and included species that are ranked by the California Invasive Plant Council (Cal-IPC; 2014) as having a moderate to high ecological impact on native habitats, such as red brome, yellow star-thistle, medusahead, wild oat, and rattail fescue. Despite the persistence of these species across the site, ground disturbance activities could result in greater spread and density of many of these species.

Microhabitat conditions could also change during the several decades that the project will be constructed and operated. Under the solar arrays, there will be some degree of modification of the vegetation structure and/or composition, at least on the scale of microhabitats. Even though many features of the project would be decommissioned eventually, habitat conversion for several decades is considered permanent. Grassland that provides potentially suitable habitat

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for these special status species would not be completely lost from the solar array installation areas during the life of the project. However, studies have shown that various degrees of shading can enhance the production of herbaceous vegetation (Frost and McDougald, 1989), cause a shift from small to large seeded grasses and legume species (Amatangelo et al., 2008), and, in some conditions, suppress native perennial grasses (Dyer and Rice, 1999). Other research indicates that light availability is not as important in structuring grassland communities as other factors, such as litter input (Lamb and Cahill, 2008) and precipitation (St. Clair et al., 2009).

In addition to causing changes in the light regime, the project panels would create a mosaic of areas along the panel edges and corners that would receive increased or decreased hydrologic inputs and altered hydrologic timing: available soil moisture levels would be altered by the small volumes of water used for panel washing and dew and rainfall that drip off the edges of the panels. In addition, access aisles between panel blocks would be infrequently used by vehicles during operations for maintenance, forming compacted and potentially denuded areas. These aisles would be similar to the low-use, two-track ranch roads that are already present in the project impact area; however, the density of such roads would be greatly increased within the arrays compared to existing conditions.

Impact Significance for Special Status Plant Species. Because of the large number and diversity of special status plant species on-site, including some very rare species found in unusually large numbers relative to the region and their known range within California (e.g., shining navarretia and round-leaved filaree), direct impacts to special status plant species resulting from implementation of the project would be Class II, significant but mitigable.

Indirect impacts due to invasion by non-native invasive plant species and changes to the microhabitat conditions of the site would be considered permanent, and would be significant. Additional indirect impacts that would be temporary include effects during construction on special status plant species adjacent to the project site, such as increased erosion and sediment flow, and increased dust generation. These temporary impacts could be considered Class II, significant but mitigable.

San Joaquin Kit Fox. The BSA and Utility Corridor study area both comprise suitable home range and/or dispersal habitat for San Joaquin kit fox, and the species is known to occur in the region. Existing evidence indicates that San Joaquin kit fox occur infrequently on the project site and more frequently along and within the Access Road improvement areas (see Biotic Report in Appendix E.1).

San Joaquin kit fox are adaptable and tolerant of a wide range of habitats, from remote natural settings to urban-developed areas (Bjurlin et al., 2005). Two years of observations of San Joaquin kit fox at the California Valley Solar Ranch (CVSR) during construction reveal considerable tolerance or even indifference by kit fox to many types of construction activities. At the CVSR site, kit foxes have, on numerous occasions, relocated older pups to secondary dens located relatively close to active traffic and construction zones. San Joaquin kit fox have frequently excavated and occupied dens under and adjacent to solar panels, often well inside the arrays (H. T. Harvey & Associates 2013b). At the CVSR site, 56 dens were identified, monitored, and found to be actively in use by San Joaquin kit fox at some point during construction of the

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project in 2012; and 17 of these dens were used by four San Joaquin kit fox family groups as natal dens at some time during 2012 breeding season. These data suggest that San Joaquin kit fox may be tolerant of construction activities, and it would be reasonable to expect that San Joaquin kit fox would be tolerant of operation activities, which are expected to be less intensive and disturbing by comparison. However, these data do not provide insight regarding the long- term effects of development of the project.

For the purpose of this analysis, habitat within the SDA is considered permanently affected; however, San Joaquin kit fox are expected to use habitat within the solar arrays after construction. The prey base of San Joaquin kit foxes in the central and southern portion of their range primarily consists of a variety of species of kangaroo rats, California ground squirrels and leporids (e.g., Sylvilagus spp., Lepus spp.). Despite changes in light conditions, hydrologic regime (from concentration of dew-drip off of the panels and panel washing), and an increase in low-use access roadway surfaces within the arrays, areas beneath the solar panels are predicted to retain natural grassland vegetation that may support many of the same common plant species and exhibit similar species diversity and species composition compared to nearby unaffected areas. California ground squirrels, Sylvilagus and Lepus species have been found to occur within solar arrays during and after construction of the CVSR (H. T. Harvey & Associates, 2013b), and are present at the project site. Likewise, San Joaquin kit fox have been found to use the solar arrays at CVSR for denning and foraging, during both construction and operation of that project. Thus, although changes to the grassland vegetation will occur within the project site, San Joaquin kit fox may continue to use the Solar Generating Facility Area for denning, foraging, and dispersal during the operational phase of the project.

Direct Impacts to San Joaquin Kit Fox. Direct impacts to San Joaquin kit fox include mortality, injury, displacement, and harassment, along with permanent and temporary conversion of suitable habitat. Direct impacts are most likely to occur during construction of the project, but may also occur during the operational phase. During construction, destruction or disturbance of kit fox dens by vehicle traffic, ground vibrations, noise, grading, trenching, pile driving, soil compaction, or worker activity could increase the potential for predation on kit fox, negatively affect breeding behavior, distress young pups, cause den abandonment, and/or cause kit foxes to temporarily avoid areas within the Solar Generating Facility Area, Access Road, and Utility Corridor. Similar impacts could occur during operation as a result of maintenance activities, and worker and vehicle movement.

During both construction and operation of the project, kit foxes would be at risk of direct physical impacts such as vehicle strikes, encounters with project infrastructure, as well as ecological effects such as alteration of habitat, alteration of interactions with both predators and prey species, and disruption of behavioral patterns.

Other construction-related impacts include the potential for injury or mortality of kit fox and their prey by pets brought into the project impact area. Furthermore, increased predation of kit fox and interspecific competition may occur if animals such as red foxes (Vulpes vulpes), coyotes, and domestic dogs (Canis lupus familiaris) are attracted by improperly discarded trash. Kit fox and their prey could be exposed to elevated risk of being poisoned by industrial chemicals, fuels, and lubricants spilled or leaked or through the use of rodenticides.

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Direct impacts to San Joaquin kit fox could also result from the installation of fencing around the solar arrays, thereby disrupting movement across the site, or even potentially entrapping a San Joaquin kit fox if one should find a way inside and not be able to find a way out. During operation, the visual and auditory cues used by kit foxes to evade predators could be disrupted by Project infrastructure (e.g., solar panels, inverter boxes, and power poles). Additionally, Project infrastructure could influence the scent-marking behavior of any San Joaquin kit fox already present by disrupting territorial boundaries and influencing escape and resting behaviors (e.g., by providing newly shaded or protected areas desirable to kit foxes). The development of solar arrays, buildings, roads, and other infrastructure in what is currently open, undeveloped grassland would degrade habitats by changing habitat characteristics (e.g., vertical structures, shading, and human activity) and by fragmenting the open space.

Up to 2,086 acres of potential foraging and denning habitat for San Joaquin kit fox would be permanently altered on the project site. For most of this acreage, the impacts on habitat would take the form of habitat degradation, while an undetermined acreage would be completely altered by construction of hardscapes such as roads, concrete or gravel pads, and facility-related buildings and other structures. Up to 21.5 acres of suitable San Joaquin kit fox habitat along the Access Road would be permanently affected by road improvements. Development of the Utility Corridor would permanently affect up to 0.68 acre. Construction of the water line and power line within the Utility Corridor is not expected to affect San Joaquin kit fox movement as no fencing will be installed, and both the water line and electrical line will be installed on supports above grade.

In addition to permanent impacts on habitat, up to 442.0 acres of San Joaquin kit fox upland habitat on the project site could be temporarily affected. Temporary impacts could include disturbance associated with staging materials and construction activities, construction access, grading, activities at pulling and laydown areas, trenching for cabling or water lines, trampling, and operational activities. Up to 37.32 acres of upland habitat along the Access Road improvement areas may be temporarily affected by road improvement and staging, resulting in removal of vegetation and soil compaction. Up to 9.1 acres of suitable habitat may be temporarily affected within the Utility Corridor, primarily for construction access and staging. If unrestored following construction, these areas could be permanently degraded as habitat for San Joaquin kit fox due to changes in vegetation structure and composition, which in turn could lower habitat suitability for prey species utilized by San Joaquin kit fox.

Indirect Impacts to San Joaquin Kit Fox. Indirect impacts to San Joaquin kit fox may include habitat degradation, resulting in changes in foraging patterns, den selection, and the distribution of home ranges which could affect survival and reproductive success of San Joaquin kit fox individuals in the region. Although San Joaquin kit fox have potential to occur within the arrays and the interstitial habitats between the arrays and other infrastructure post- construction, habitat values within the project site are likely to change relative to the quality of the currently undeveloped habitat. Cypher et al. (2000) studied kit fox population dynamics in response to the development of oilfields in the southern San Joaquin Valley. They initially found little effect on the overall inter-annual variation in kit fox abundance within the developed areas, yet found variable rates of survival between adult and juvenile cohorts. Initially, adult survival rates were higher in the developed areas of the oilfield; however, the survival rates of juveniles were lower. Over time, however, the capture rates of San Joaquin kit

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fox were lower in developed areas relative to undeveloped areas, a phenomenon attributed to degradation of habitat (Warrick and Cypher, 1999; Cypher et al., 2000). Over the long term, the development of oil fields appears to have resulted in diminished carrying capacity for both San Joaquin kit foxes and their prey (Cypher et al., 2000). Whether similar results will occur at solar development sites will not be known until multiyear post-construction monitoring at recently developed sites has been completed.

Impact Significance for San Joaquin Kit Fox. Development of the project could result in injury or mortality of individual San Joaquin kit foxes, habitat loss through the installation of permanent project infrastructure, and habitat modification through the installation of the arrays and temporary impacts to habitat during construction. The loss and degradation of habitat, as well as the loss of individuals as a result of construction and operation activities, would constitute a significant impact on San Joaquin kit fox and impacts would be considered Class II, significant but mitigable.

Pallid Bat and Western Mastiff Bat. Maternity colonies of pallid bats are located within five miles of the project site. No focused surveys for pallid bats have been conducted; however, this species may occur because suitable foraging and roosting habitat for pallid bats is present on the project site. The subspecies of pallid bat occurring in the project site is the Pacific pallid bat (Antrozous pallidus pacificus), the range of which is restricted primarily to California.

Tree roosting opportunities for pallid bats on the project site are limited by the low number of trees on-site, but pallid bats could potentially day-roost in rocky outcroppings, a few large trees, and in anthropogenic structures found within the BSA and Utility Corridor study area. However, based on habitat availability, even though pallid bats could roost on-site, this species is more likely to form maternity colonies in areas adjacent to the site (in the large rocky outcroppings and cliffs immediately to the north and east of the site) and utilize the site primarily for foraging. Furthermore, development of the project is not expected to affect roosting habitat because none of the potential on-site roosting habitat occurs in areas to be developed.

The project is expected to affect up to 2,679 acres of pallid bat foraging habitat. Permanent impacts would result from the conversion or modification of upland habitat stemming from development, such as new roads, arrays, and substation pads, and the solar arrays would represent a developed habitat once installed. Despite this, the acreage of habitat converted is relatively small compared to the ample foraging habitat available within the greater region. Pallid bats typically forage from 1.5 feet to 8.0 feet above ground (Harris, 1990), so the grassland habitat remaining under the solar arrays may continue to provide foraging habitat. Ongoing research at the California Valley Solar Ranch found pallid bat activity to be lower during the post-construction period compared to preconstruction (H. T. Harvey & Associates 2014e); however, the potential for collision with project infrastructure cannot be excluded.

One potential risk for bats is the possibility that they will mistake solar panels for water, then attempt to drink from them, becoming exhausted or colliding with the panels. Currently this risk has not been quantified, and is being studied further among biologists. Existing studies have shown conflicting results as to whether or not this risk is substantial. One laboratory study observed naïve juvenile bats repeatedly attempting to drink from smooth surface with similar

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acoustic characteristics of water (Greif and Siemers, 2010); however, this study did not test the smooth surfaces next to actual water and, thus, could not comment on whether or not the bats would have learned to distinguish between the two. Another study has suggested that experienced bats show enough behavioral flexibility to quickly leave a human-made horizontal surface after determining that the surface is not water, and that naïve juveniles are likely to only mistake solar panels for water during the first few weeks of flying (Russo et al., 2012). During the first year of post-construction motility studies at the California Valley Solar Ranch Project no bat fatalities were observed (H. T. Harvey & Associates, 2014e).

In addition to mistaking the solar panels for water, bats may mistake solar panels stored at steep angles (e.g., 40° or more) for open space, and may attempt to fly through them, resulting in collisions. One year of monitoring at two solar arrays at CVSR have not detected bat fatalities where these panels were stored in the horizontal position at night (H. T. Harvey & Associates, 2014e).

Another potential impact on bats could result from nighttime lighting at the project site. Research suggests that night lights may alter bats’ ability to avoid objects. In a laboratory with dim or bright lights, 26% of 226 trials, with 2,248 approaches by bats in lighted situations, resulted in collisions (Orbach and Fenton, 2010). There was no significant difference in the number of collisions between objects in dim versus bright lights, and most activity occurred in the dark, suggesting that the bats were avoiding light sources. On the project site, night lights would be used sparingly and only when necessary. Because night lights would be downcast, the ability of bats to avoid objects is not expected to be impaired. Further, a year of post- construction monitoring data from CVSR, with similarly lit areas (H. T. Harvey & Associates 2014e), found no evidence that energized solar arrays and associated infrastructure, including lights, has resulted in any bat fatalities.

Although no roosting habitat for the western mastiff bat occurs on or adjacent to the project site, this species is expected to regularly forage over the entire project site. Western mastiff bats forage at relatively high altitudes, often up to 3,280 feet above ground (Best et al., 1996). Little else is known about this species; however, H. T. Harvey & Associates (2013b) reported that this species and the other member of the free-tailed bat family, the Mexican free-tailed bat (Tadarida brasiliensis mexicanus), likely forage so much higher than solar arrays that these species are not expected to be affected (positively or negatively) by the arrays. Western mastiff bats are therefore not expected to be affected by the development of solar arrays that are relatively close to the ground level, or by operation of the project.

Direct Impacts to Pallid Bats and/or Western Mastiff Bats. Direct impacts to bats include destruction of maternity and day roosts (pallid bats), disturbance of roosting bats (pallid bats), mortality and injury of individual bats (pallid bats and western mastiff bats), and loss of foraging habitat (pallid bats and western mastiff bats). It is unlikely that a maternity roost is present on-site, and day-roost habitat on-site is limited. As such, project impacts to roosts are expected to be minimal. Likewise, due to the extensive acreage of foraging habitat available in the region, the effects of habitat loss are expected to be minimal.

Pallid bats are a wide-ranging species occurring throughout nearly all of California except for high elevations in the Sierra Nevada Mountains and in the northwestern corner of the state

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from Del Norte and western Siskiyou Counties to northern Mendocino County. They occupy a wide variety of habitats and are locally common in low elevations. Given the lack of roots on- site, the availability of roosts off-site, and the presence of ample foraging habitat within the Cholame Valley and surrounding mountains, the mortality or injury of individual bats would not be expected to result in a substantial decline in pallid bat populations in the region or throughout their range.

Western mastiff bats range across wide areas of California, including the Central Coast, southern California, the Sierra Nevada Mountains and the Mojave Desert. The western mastiff bat is found in a wide variety of habitats, including oak woodlands, desert and mountain scrub habitats, and high elevation forests and meadows. The distribution of western mastiff bats is tied the availability of significant rock features that offer suitable roosting habitat (Western Bat Working Group, 2005). Western mastiff bats are a cliff-dwelling species, but can also be found roosting in crevices of large boulders and buildings. Western mastiff bats can forage up to 25 kilometers from roosts (Best et al., 1996), and they forages over a diverse array of habitats, including grassland, woodlands, and agricultural lands such as those found within BSA and Utility Corridor study area. There is no suitable roosting habitat on or adjacent to the BSA or Utility Corridor study area; however, suitable foraging habitat is present.

Indirect Impacts to Pallid Bats and Western Mastiff Bats. Indirect impacts to pallid bats and western mastiff bats could include long-term changes in prey diversity and availability due to microclimate shifts that could, assuming shifts were sufficiently large, contribute to long-term decline in population viability in the immediate vicinity over the life of the project. However, given the lack of suitable roosts on-site and the availability of roosts off-site, as well as the abundance of suitable foraging habitat across the region, indirect impacts are expected to be minimal.

Impact Significance for Pallid Bat and Western Mastiff Bat. Development of the project is not expected to impact maternity roosts. Development of the project may impact non-maternity roosts and will result in the reduction of available foraging habitat within the region. Development of the project may also result in an increase in collisions with project infrastructure. None of these impacts alone are expected to result in a loss of viability of the species and/or a substantial decline in the regional population; however, the long-term effects of projects of this magnitude are not well understood and it cannot be concluded that the project will have no impact. As such, impacts to pallid bats could be Class II, significant but mitigable.

Development of the project would not affect roost sites for western mastiff bats. Suitable foraging habitat is present within the BSA and Utility Corridor study area; however, due to the lack of nearby roosts, few to no western mastiff bats are expected to forage on-site. Furthermore, ample foraging habitat for western mastiff bats is present throughout the region, and development of the project would not substantially reduce the availability of foraging habitat for this species. Therefore, there would be no impacts to western mastiff bats.

San Joaquin Pocket Mouse. The San Joaquin pocket mouse inhabits California grassland and alkali sink habitats in the San Joaquin Valley and the Carrizo Plain. These habitat types are locally abundant in western Kern County, eastern San Luis Obispo County, and in various

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adjacent valleys along the western portion of the San Joaquin Valley (Hafner et al., 1998; Williams et al., 1993; Williams and Kilburn, 1992). Grinnell (1993) described San Joaquin pocket mouse habitat as open habitat dominated by grasses and forbs underlain by sandy soils. San Joaquin pocket mice feed primarily on seeds from grasses and shrubs, but may also consume green vegetation and insects (Mayer and Laudenslayer, Jr., 1988). Specific plant species preferences are not known.

The nearest historical records for the species are about 14 miles east of the BSA (CNDDB, 2013). No San Joaquin pocket mice were detected during the reconnaissance or full ground coverage mammal surveys and none were captured during 2013 trapping efforts; however, during small mammal trapping efforts on 6 August 2013, a single San Joaquin pocket mouse was observed foraging above ground. The area in which the pocket mouse was observed contained several quarter-sized burrows, indicating that several individuals were occupying the area. The project site contains suitable habitat for this species; however, the San Joaquin pocket mouse occurrence is likely limited to those areas with friable soils, and they are likely absent from areas with very heavy clay or serpentine soils. As such, the population of San Joaquin pocket mice in the BSA is expected to be small.

During both construction and operation of the project, San Joaquin pocket mice would be at risk for impacts such as vehicle strikes, encounters with project infrastructure, and ecological effects such as loss of habitat, increased predation, and disruption of behavioral patterns. San Joaquin pocket mice would be expected to use habitat within the SDAs following construction.

San Joaquin pocket mice are active during the night, and therefore have a greater chance of being disturbed, injured, or killed by nighttime Project activities. Permanent impacts due to habitat conversion associated with new buildings and infrastructure outside the SDA would reduce a relatively small amount of habitat that is regionally abundant for this species; consequently, this permanent habitat conversion would not substantially reduce the number of this species or restrict its range.

Direct Impacts to San Joaquin Pocket Mouse. Direct impacts to San Joaquin pocket mouse include mortality, injury, displacement, and harassment, along with permanent and temporary loss of habitat. These impacts are mostly likely to occur during construction of the project, especially if construction activities occur at night. Operational activities are expected to occur during the daytime and in limited areas already disturbed by construction, and would not be expected to impact San Joaquin pocket mice. The project would result in a loss of habitat; however, based on the marginal soil conditions few individuals are expected to be present in the areas proposed for development. Furthermore, San Joaquin pocket mice could persist under the solar arrays

Indirect Impacts to San Joaquin Pocket Mouse. Because the project site predominantly lacks suitable microhabitat conditions for this species, and numbers of individuals are expected to be low on the project site, indirect impacts such as long-term declines in population survival and viability due to microhabitat alteration are unlikely for this species.

Impact Significance for San Joaquin Pocket Mouse. Development of the project could result in injury or mortality of individual San Joaquin pocket mice, as well as reduce a relatively small

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amount of habitat that is regionally abundant for this species. Potential Project impacts, including the loss and degradation of a small amount of habitat and the loss of low numbers of individuals during construction of the project, are considered Class III, less than significant.

American Badger. Abundant evidence of American Badgers was observed within the BSA and Utility Corridor study area, including potential dens, prey excavations, and two adult badgers observed during spotlight surveys of the BSA. Furthermore, the CNDDB contains numerous records of American badgers within the region. The project site contains high quality habitat for American badger. Given the quality of habitat, the number of observations to date, several American badgers likely occur on-site.

Project-related impacts on the American badger include potential mortality, injury, displacement, and harassment, along with permanent and temporary loss of habitat. During both construction and operation of the project, badgers would be at risk of impacts such as vehicle strikes, encounters with project infrastructure, and ecological effects such as loss of habitat, increased predation, and disruption of behavioral patterns.

The project would permanently impact up to 2,089 acres of potential American badger habitat through the construction of new facilities that would alter existing habitat (by changing habitat characteristics e.g., with vertical structures, shading, and human activity). However, annual grasslands will persist within the solar panel arrays after construction and the badgers would be able to access the SDA following construction because the fencing will be designed to facilitate passage of San Joaquin kit fox and American badger. In addition, up to 533 acres of American badger upland habitat would be temporarily affected during the construction within the project site. Temporary impacts on American badger upland habitat could include disturbance from staging, construction access, grading, trenching, trampling, and activities in cable pulling areas and laydown areas, as well as operational activities.

The risk of mortality, injury, displacement, and disturbance or harassment of American badgers is an impact likely to occur throughout all phases of construction during the 12–18-month Project build-out. Increased vehicle traffic may increase the frequency of vehicle collisions with badgers, and individuals may also be injured or killed if they are hit or crushed by construction equipment (e.g., graders, scrapers, bulldozers, and trucks) or entombed in burrows as a result of soil compaction or grading. Construction features and materials also pose potential risks, particularly entrapment, to American badgers. Active American badger dens could be lost if dens near the construction area are directly destroyed or disturbed by construction. Noise and ground vibrations from heavy equipment during Project construction, as well as the associated human activity, may cause American badger to temporarily avoid use of the site. American badgers displaced from these areas may increase competition with badgers in other areas.

Construction and operational activities could have secondary effects on American badgers. Spilled or leaked chemicals could poison American badgers or their prey, or contaminate their habitat. Also, individuals could be lost due to predation by, or competition with, animals such as red foxes, coyotes, and domestic dogs, which might be attracted to the project area by improperly discarded trash.

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After construction is complete, ongoing operation and maintenance of the project would pose further impacts on American badgers, their habitat, and their prey. Some risks associated with operation would be similar to those associated with construction (e.g., vehicular strikes, stored materials, secondary impacts). During operation, security and support personnel, including crews washing or maintaining the solar panels and associated infrastructure, would be on-site and active during daytime hours throughout the year. Because O&M staff (including security and panel-washing crews) may be present at any given location within the arrays at any time of year, these personnel could encounter and potentially disturb American badgers, their young pups, or their den sites. Although the level of O&M activity is expected to be similar to the current level of activity associated with ranching, year-round O&M activity could disturb American badger during all stages of the breeding season.

Direct Impacts to American Badgers. Direct impacts to American badgers include mortality and injury of individuals, destruction of dens, disturbance and abandonment of natal dens, and habitat loss/modification. Habitat loss/modification and destruction of dens is mostly likely to occur during construction of the project, but mortality, injury, and disturbance of individuals and dens may occur during both construction and operation of the project.

Indirect Impacts to American Badgers. Indirect impacts to American badgers could include a long-term decline in carrying capacity resulting from habitat loss over the life of the project; however, given the regional extent of American badger habitat, it is unlikely that this would jeopardize American badger regional population viability.

Impact Significance for American Badgers. Development of the project could result in injury or mortality of individual American badgers and would result in habitat loss and modifications. Because of the regional rarity of this species and the large number of badgers that may occur on and adjacent to the project, mortality caused by construction or operation activities, including permanent habitat loss, would be a significant impact on American badger and impacts would be considered Class II, significant but mitigable.

California Condor. No suitable roosting or nesting habitat for California condor is present within or adjacent to the BSA or Utility Corridor study area. As such, no impacts to roosting habitat would occur. The current distribution of California condors includes the southern San Joaquin Valley and surrounding mountain ranges, and they are currently being reintroduced to the Big Sur area along the Central Coast of Monterey County. California condors may fly up to 35 miles or more between roost and feeding sites (Koford, 1953). Suitable foraging habitat is present throughout the site; however, there are no recent records of California condor foraging within the BSA or Utility Corridor study area, and they are considered to have a low potential to forage or otherwise occur on-site based upon their current distribution. The loss of habitat caused by the project would be a fraction of the very large foraging habitat available to California condors throughout the region. However, carrion from grazing animals or other wildlife that may occur on the project site during the construction or operation phases of the project could attract condor to the site.

Direct Impacts to California Condor. Direct impacts would include mortality or injury of California condors, and loss of foraging habitat. Roosting and nesting habitat will not be affected. Although California condors are not likely to regularly forage on-site, the project site is

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within the known current distribution of the species and therefore, there is a low potential for the species to occur on site. Potential direct impacts to California condor include increased mortality from impacts with solar infrastructure, digestion of microtrash, or increased risk of vehicular collisions if and when feeding on road kill.

Indirect Impacts to California Condor. Indirect impacts include the long-term decline in population viability for California condors. Since no roosting or nesting habitat will be affected, and since the project site comprises only a very small area of foraging habitat relative to what is available in the region, no indirect impacts to California condors are expected.

Impact Significance for California Condor. Given the current distribution of condors, condors are unlikely to forage or otherwise occur on-site. However, although unlikely, any impact to California condor would be considered significant. Therefore possible impacts to California condor would be considered Class II, significant but mitigable.

Golden Eagle. Golden eagles are a regionally rare species. Golden eagles are known to forage on the open grasslands, oak woodlands, and rolling hills of the BSA and Utility Corridor study area. Raptor nest surveys conducted in 2013 found golden eagles nesting adjacent to the site (approximately 2,005 feet from the Utility Corridor study area). Golden eagles may forage up to 10 miles from their territory center in dry landscapes, and forage shorter distances in higher quality, undisturbed, habitat, and several were observed foraging within the BSA during site surveys. Given the location of an active nest near the site and at least 13 active territories within 10 miles of the site, several golden eagles are expected to forage on the BSA and the Utility Corridor study area throughout the year.

Project development would permanently affect up to 2,188 acres of golden eagle foraging habitat within the project site. Project infrastructure would likely discourage use of the project site by golden eagles. Raptors showed reduced activity in the solar generation areas at the CVSR project as areas moved from a pre-construction to post-construction state (H. T. Harvey & Associates 2013b). Golden eagles, in particular, occurred only in offsite areas, or in areas where construction had not yet started (H. T. Harvey & Associates 2013b). If this pattern occurs in the project impact area, approximately 2,188 acres of foraging habitat would no longer be available to golden eagles. This could potentially result in reduced reproductive output and success, increased competition between territories, or abandonment of territories or nests if available foraging habitat in the region proved limiting.

Up to an additional 488 acres of golden eagle foraging habitat could be temporarily affected by construction activities; however, all temporarily disturbed areas would be revegetated after construction. Other construction-related disturbances could result, including activities and noise associated with earth moving, grading, vegetation removal, and installation of Project infrastructure. These disturbances may alter foraging behavior of golden eagles nesting near the site, which could lead to reduced productivity and nestling survival.

Additional infrastructure-related impacts could occur, such as electrocution and vehicle strikes. Project transmission towers and power poles may attract eagles to the project site by providing new nesting substrates and hunting perches. The presence of new aboveground electrical infrastructure may increase the risk of eagles being electrocuted by, or colliding with, overhead

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power lines. Installation of new access roads and Project-related increases in traffic on the existing access road could increase the risk of vehicles colliding with golden eagles feeding on road kill. Also, the increased traffic may disrupt eagle foraging and movement at the project site, again potentially reducing eagle productivity and survival.

Direct Impacts to Golden Eagle. Direct impacts to golden eagles include mortality or injury of individuals, as well as disruption of foraging and nesting behaviors and loss of foraging and nesting habitat, leading to reduced productivity and nestling survival. These impacts would primarily occur during construction of the project, though mortality and injury due to vehicle strikes and electrocution, and nest disturbance/disruption could occur throughout the operational phase of the project.

Indirect Impacts to Golden Eagle. Indirect impacts such as long-term declines in population viability and carrying capacity resulting from foraging habitat loss and possible disturbance to nesting golden eagles would be considered significant. However, given the limited nesting habitat in the vicinity of the project and the abundance of foraging habitat in the region population-level impacts are considered unlikely.

Impact Significance for Golden Eagle. Due to the high quality of golden eagle foraging habitat present on-site, proximity of active nests, and density of golden eagle territories, the projected loss of occupied foraging habitat, potential mortality of individuals (from vehicle collision or electrocution), and potential disturbance by construction and operations, would result in a significant impact on golden eagles and impacts would be considered Class II, significant but mitigable.

Bald Eagle. Although the riparian areas on the project site may attract perching bald eagles on occasion, bald eagles have not been detected nesting within the BSA or Access Road. However, an active bald eagle nest was documented approximately four miles west of the project site and approximately five miles west of the Access Road. This nest is topographically separated from the project site by Cholame Valley and is situated in the neighboring mountain range. It is unlikely that the project site provides extensive prey resources for bald eagles, except perhaps in the form of periodically available livestock carcasses and birthing remnants that the eagles may scavenge during winter. It is unlikely that the riparian habitats on the project site support sufficient fish or waterfowl to sustain a breeding pair of bald eagles. Therefore, periodic occurrences during winter and early spring are likely to be the limit of activity for bald eagles at the project site, with intermittently available livestock carrion and birthing remnants the most likely attraction.

Direct Impacts to Bald Eagle. Direct impacts to bald eagles may include disturbance to foraging bald eagles due to presence of workers construction activity, and the activities and noise associated with earth moving, grading, vegetation removal, and installation of Project infrastructure. These disturbances are mostly likely to occur during the construction phase; however, because bald eagles are uncommon in the project site and surrounding region, such disturbances are expected to be rare.

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Indirect Impacts to Bald Eagle. Because of the lack of nesting and foraging habitat on and within the vicinity of the project site and the low likelihood of bald eagles occurring at the project site, no indirect impacts are expected.

Impact Significance for Bald Eagle. Bald eagles do not nest on on-site, and it is unlikely that the site provides substantial food resources for the species. Therefore, construction and operation of the project would have a less than significant impact on bald eagles and impacts would be considered Class III, less than significant.

Burrowing Owl. At the project site, burrowing owls are present year-round, and may include a mix of year-round residents, migrating transients, and winter residents. Twenty sightings of burrowing owl were noted on the Access Road during surveys conducted between fall 2012 and spring 2013 (see Figure 4.4-8). Since burrowing owls rely on subterranean burrows throughout the year for shelter and nesting, they are highly susceptible to ground disturbing activities.

Project development may permanently affect up to 2,188 acres of potential burrowing owl habitat through grading, excavation, structure and infrastructure placement, trenching, shading from arrays, and construction of new roads, widened roads, and road improvements. Installation of the solar arrays would reduce habitat availability for the species because burrowing owls tend to shy away from habitats with vertical structures that obscure visibility of the surrounding landscape and reduce the owls’ ability to remain vigilant for potential predators. If ground squirrel burrows are readily available and prey is abundant in the area, some owls may choose to occupy and forage within the margins of panel arrays and to use the edge panels as sentinel perches. However, it is less likely that burrowing owls would occupy burrows or forage deep within large panel arrays.

Another permanent impact of the project could be increased predation of burrowing owls by raptors. New power poles, lines, and Project buildings may offer hunting perches to predators of owls, such as red-tailed hawks and prairie falcons, which are known to use towers as perches and have been recorded using generation-tie line towers and/or other utility poles and wires as perch substrates at the CVSR project (H. T. Harvey & Associates 2013b). Project development would also temporarily affect up to 488 acres of occupied burrowing owl habitat. During construction, these areas would not be available for owl use, and owls may be displaced.

Vehicle collisions are a known risk for burrowing owls and represent the primary cause of burrowing owl death related to humans (Poulin et al., 2011). Construction traffic is likely to affect burrowing owls. Impacts on burrowing owls could include injury or mortality if individuals are hit by moving vehicles. Burrowing owls in burrows, as well as their eggs and young, could also be killed or injured if hit or crushed by construction equipment (e.g., graders, scrapers, bulldozers, and trucks), or entombed in burrows by soil compaction. Chemicals, fuels, or lubricants spilled on the ground could result in fouling or poisoning of burrowing owls and their common prey species. During construction, burrowing owls could be disturbed by Project activities to the point of abandoning their burrows, or possibly even abandoning eggs or young.

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DRAFT

TURKEY FLAT RD k

w n o t t o C

MONTEREY COUNTY

SAN LUIS OBISPO COUNTY

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CHOLAME VALLEY RD e C r e e k

LEGEND

Wildlife Survey Boundary

Burrowing Owl

Spotlighting Survey Routes

Existing Transmission Lines

3,500 1,750 0 3,500 STATE HIGHWAY 41

Feet J:\Reports\Botany Reports\Biotic Reports\Final Biotic Report May 2013\Fig 11 BUOW Survey Locations.mxd Survey BUOW 11 2013\Fig May Report Biotic Reports\Final Reports\Biotic J:\Reports\Botany Figure 11: Occurrences of Burrowing Owl during 2012 Spotlight and Grid Surveys California Flats Solar Project, California - Interim Biotic Resources Report (3308-02) Burrowing Owl Survey Data May 2013 Source: H.T. Harvey and Associates, Element Power , 2013 Figure 4.4-8 County of Monterey California Flats Solar Project EIR Section 4.4 Biological Resources

After construction, O&M vehicle and equipment traffic would occur during the day (maintenance and panel washing) and, to a lesser extent, at night (security patrols). These activities could occur at any time of year and could disturb nearby nesting or wintering owls. Burrowing owls are relatively tolerant of proximate, low-intensity human activities that do not pose a direct threat to the owls (Poulin et al. 2011). Therefore, because Project personnel would receive basic training during the Worker Environmental Awareness Program about identifying burrowing owls and implementing simple measures to avoid substantially disturbing them, ongoing O&M activities are unlikely to have a substantial effect on owls that choose to occupy the project site after construction.

Direct Impacts to Burrowing Owl. Direct impacts to burrowing owls include mortality, injury, destruction of burrows and loss of suitable foraging and nesting habitat. Direct impacts would also include disturbances to adjacent occupied burrows such that normal foraging, sheltering, or nesting behaviors are altered, potentially resulting in abandonment of nests.

Indirect Impacts to Burrowing Owl. Because burrowing owls are present throughout the project site and potentially occur as both wintering and breeding residents, the loss of habitat and exposure to predation during displacement from established home range may result in indirect impacts that include a potential long-term decline in reproductive success and population viability.

Impact Significance for Burrowing Owl. Due to the regional rarity of this species, ongoing population declines in many areas in both California and the overall species’ range, and the known presence of burrowing owls on-site (Figure 4.4-8. Burrowing Owl Observations), the loss of breeding and foraging habitat, displacement of individuals from established home ranges, and/or mortality of individuals as a result of construction activities would be a significant impact. Impacts would be considered Class II, significant but mitigable.

Raptors and Other Special Status Birds. The open grassland and riparian areas of the BSA and Utility Corridor study area provide suitable breeding and foraging habitat for a variety of native birds, including golden eagles, bald eagles, California condors, and burrowing owls, which are discussed above. The site also provides suitable foraging and/or breeding habitat for other special-status raptors and bird species, including Swainson’s hawks, white- tailed kites, and northern harriers, short-eared owl, long-eared owl, loggerhead shrike, tricolored blackbird, mountain plover, Oregon vesper sparrow (wintering only), and grasshopper sparrow. Many other native bird species that are protected under state and federal law during nesting could occur and nest on-site. Based on the condition of the site and observations of avian activity in 2012 and 2013, there is a high likelihood of birds nesting within the project site.

Currently, Swainson’s hawk, white-tailed kite, and northern harrier are not known to nest on the Solar Generating Facility Area or in the Access Road. Although the project site contains suitable foraging habitat for these species, none have been detected nesting or foraging on the project site. If any of the species occur on the site, it would be infrequently.

If any migratory bird (common species, raptors, or other special-status birds) nests in areas where direct construction disturbance would occur, work during the breeding season (typically

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February 1 through September 15) could result in the destruction or abandonment of nests, eggs, or young. Active nests could be removed, trampled, or crushed by construction and use of access roads during construction; in addition, the noise, vibration, and movement of construction equipment and personnel in close proximity to the active nests of these species could cause adults to abandon eggs or young. Artificial lights used during night construction may result in an increased potential for disturbance or mortality of species that prey on insects attracted to light sources. Loss of foraging habitat could also negatively affect nesting raptors and bird species.

Temporarily affected habitat would be revegetated following construction, so any temporary impacts associated with loss of available habitat would not result in long-term effects on raptors and other birds. Up to 2,188 acres of natural habitat that supports breeding or foraging habitat for raptors and other birds would be permanently affected by the project. However, this is relatively small compared to the large areas of foraging and breeding habitat available in the region. The modification of approximately 2,188 acres of avian habitat represents just 1% of the rangelands inventoried in Monterey County from 2008 to 2010 (California Department of Conservation, 2013).

Bird that may be disturbed during construction and operations could use these areas. In addition, although we consider this area permanently modified, some residual function and value is expected after construction. Although the long-term effects are not yet known, studies and observations at the CVSR site suggest a reduction of overall activity rates within the solar facility for raptors after construction, as compared to offsite control plots (H. T. Harvey & Associates, 2013b), for other special-status species of birds, the influence of construction activities was not as distinct as it was for raptors. Construction activities often appeared to result in increased rather than decreased activity levels compared to offsite areas, with numerous avian species (e.g., horned larks [Eremophila alpestri], loggerhead shrikes, and tricolored blackbirds) being observed regularly foraging and roosting/perching in the grasslands within the arrays and directly underneath the solar panels during and following project development.

During construction, cavity-dwelling birds may be attracted to uncapped vertical pipes as potential nesting or refugia cavities, and may become trapped in these pipes, resulting in injury and mortality. If open vertical piles/pipes are used for solar development during construction, or during operations, large numbers of such piles could pose a substantial mortality risk to cavity-nesting and -dwelling birds. Prior to the implementation of avoidance measures and an eventual change in the type of support structures, fatalities were also detected in open vertical piles during construction of a solar development (H.T. Harvey & Associates, 2012). Other construction-related impacts could result if birds nest on or near construction equipment, staged materials, or other pieces of infrastructure under construction.

Operation of the project also could affect nesting birds. In ecosystems where available nest substrates are limited, birds will nest in a variety of human-made substrates, including vehicles, debris piles, and other fixed structures. Ground nesters would be subject to impacts including mortality from vehicle strikes, disturbance from vegetation management activities, potential disruption of nest sites, noise from transformer or facility operations, and human disturbance.

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Nighttime lighting also could affect raptors and other special-status birds. Increased lighting can cause some species to leave an area or disrupt foraging and breeding and may influence nest site selection, with sites further from lighting being chosen over those closer to lighting (Longcore and Rich, 2004). Lighting on the project site would be limited to the minimum necessary, with lights installed at the substation and O&M facility being downcast and shielded. Motion-activated lighting would be installed where feasible.

Raptors and other birds may also be subject to injury or mortality due to collision with, or electrocutions from, power lines. Electrocution occurs only when a bird simultaneously contacts two energized phase conductors or an energized conductor and grounded hardware. This happens most frequently when a bird attempts to perch on a transmission tower or pole where there is insufficient clearance between these elements. The new power lines to be added as part of the project are a series of low, 34.5-kilovolt (kV) lines that would convey electricity from the solar arrays to the substation. A new 230-kV transmission line would convey power from the southern substation to the northern substation. The majority of electrocutions are caused by lines that are energized at voltage levels between 1 kV and 69 kV, and “the likelihood of electrocutions occurring at voltages greater than 69 kV is extremely low” (Avian Power Line Interaction Committee [APLIC], 2006). Because the proposed project would involve new 34.5- kV power lines, there is an increased risk resulting from the project for electrocution of special- status bird species.

Large and medium-sized, aerial-perching special-status birds, such as red-tailed hawks, would be susceptible to electrocution by the project’s 34.5-kV lines because of the birds’ large size, their presence at the project site, and their tendency to perch on tall structures. The design characteristics of transmission towers and poles are a major factor in raptor electrocutions because raptors and other large, aerial-perching birds often perch on tall structures that offer optimal views of potential prey (APLIC, 2006). Raptors that use towers for nesting could be electrocuted while landing. Furthermore, nests may be built in areas that are susceptible to electrical charges, which could result in a fire as well as an electrical outage.

Bird collisions with power lines generally occur when (1) a power line or other aerial structure transects a daily flight path used by a concentration of birds, or (2) migrants are traveling at reduced altitudes and encounter tall structures in their path (Brown 1993). Collisions are more probable near wetlands, in valleys bisected by power lines, and within narrow passes where power lines run perpendicular to flight paths. Passerines (e.g., songbirds) and waterfowl (e.g., ducks) are known to collide with wires (APLIC, 2012). However, passerines and waterfowl have a lower potential for collisions compared to larger birds, such as raptors. Some behavioral factors contribute to a lower collision mortality rate for these birds. Passerines and waterfowl tend to fly under power lines, whereas larger birds generally fly over lines, where they risk colliding with higher static lines.

Because the 34.5-kV lines are low, they are not expected to pose a substantial collision hazard for birds; however, the 230-kV line and towers would be higher, and do pose a collision hazard for birds. Based on observations made to date of avian activity at the project site, there would likely be some degree of collision risk with the new lines over baseline conditions. Conditions that make collisions more probable, such as valleys bisected by power lines, or narrow passes where power lines run perpendicular to flight paths, do not exist. However, several perennial

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and ephemeral streams with riparian habitat exist in and adjacent to the project site, and several large stock ponds are located near the project site, and individuals moving between these areas would be at risk of collision with Project power lines.

Solar facilities also present risk for bird collisions with solar panels. Birds migrating at night or moving between the perennial and ephemeral streams on the project site or the adjacent stock ponds would also be at an increased risk of collision with the solar panels as the panels might be mistaken for open sky or water. Based on the known distribution of the species in the project area, observations made during surveys, and fatality results emerging from other solar sites in California (Western EcoSystems Technology, Inc. 2014), some collision mortality is anticipated to occur.

Direct Impacts to Raptors and Other Special Status Birds. Direct impacts could include the mortality or injury of raptors and other special status bird species, the loss of foraging habitat, and the disruption of normal foraging and nesting behavior leading to reduced reproductive success and possibly nest abandonment. Most of these impacts would occur during the construction phase; however, mortality and injury of individuals and disruption of nesting behaviors could also occur during the operational phase of the project.

Indirect Impacts to Raptors and Other Special Status Birds. Indirect impacts to raptors and other special status bird species such as long-term declines in reproductive success and risks to local population viability for regionally bird populations could occur if foraging habitat and breeding behavior were sufficiently disrupted over the life of the project. However, based on the extent of foraging habitat in the region and lack of breeding habitat on and immediately adjacent to the project site, population-level impacts are unlikely. The project could also indirectly affect smaller raptors and other special status bird species through increased availability of perches for, and a resulting increase in predation activity of larger raptors.

Impact Significance for Raptors and Other Special Status Birds. Project impacts to raptor and special status bird species would be considered Class II, significant but mitigable.

California Tiger Salamander. Protocol surveys were conducted for CTS at 17 ponds surveyed across the BSA in 2013. One potentially suitable pond is located approximately 100 feet from the Utility Corridor study area but was not included in the 2013 surveys because the Utility Corridor was added after the protocol survey period had come to an end. No adult or larval CTS were found within the BSA despite multiple survey efforts; therefore, based on surveys that have been conducted, the species is unlikely to occur on the site. However, if present, the project potentially could result in the loss of upland habitat for these species, and may result in injury or mortality of individual CTS during construction and operation of the project.

These potential impacts would be both permanent and temporary in nature. Permanent impacts would result from grading, excavation (such as trenching), structure and infrastructure placement, and vehicle strikes (i.e., crushing). Temporary impacts on upland habitat would result from equipment staging, temporary construction access, activities in pulling and laydown areas, temporary trenching, and trampling. Suitable upland habitat for the species consists of habitat with underground refugia (small mammal burrows) free of barriers to dispersal of up to 1.3 miles surrounding breeding ponds. For purposes of the analysis, upland habitat within the

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active SDA is considered permanently affected, although the habitat value of this area for CTS is expected to remain, and recolonization of solar arrays by small mammals is anticipated.

The level of impact on CTS is relative to the distance between Project-related activities and a breeding pond. The farther the activity is from the breeding pond, the less the impact is to the population using the pond for breeding as fewer individual CTS are expected to be present in upland habitat the greater the distance this upland habitat is from a breeding pond. Searcy and Shaffer (2011) calculated that 50% of a population is within 1,844 feet (0.35 mile), 90% is within 4,925 feet (0.93 mile), and 95% is within 6,125 feet (1.16 mile) of a breeding pond. For the project, up to approximately 1,567.45 acres of potential upland habitat is within the project site. Of these acreages, up to 1,262 acres of upland habitat for tiger salamander would be permanently affected or modified within the Solar Generation Facility Area. In addition to permanent impacts, up to 290.9 acres of California tiger salamander upland habitat would be temporarily affected by Project construction. Figure 4.4-9 Table 4.4-6 shows the breakdown of suitable habitat at the intervals described by Searcy and Shaffer (2011).

The permanent impacts are considered to extend to all new buildings and infrastructure outside the SDA, such as new or improved roadways outside or between sections of the SDA (e.g., the Access Road), substations, the O&M facility, and similar Project improvements. Permanent impacts also include habitat modification within the solar arrays, despite potential for CTS to utilize these areas after construction of the project.

Table 4.4-7 Impact Acreages for Upland Habitat within Four Distance Intervals from Potential California Tiger Salamander Breeding Ponds* Solar Generating Facility Distance from Access Road Utility Corridor Breeding Area Pond Temp Perm Total Temp Perm Total Temp Perm Total 0 – 1,844 feet 24.34 61.54 88.88 14.14 8.5 22.64 2.4 0.2 2.6 1,844 – 4,925 83.25 659.32 742.57 21.72 12.11 33.83 3.5 0.3 3.8 feet 4,925 – 6,125 72.07 314.77 386.84 1.39 0.83 2.22 0.8 0.1 0.9 feet 6,125 feet - 1.3 40.31 245.46 285.77 0.06 0.04 0.1 0.4 <0.1 0.5 miles Total 219.97 1281.09 1501.06 37.31 21.48 58.79 7.1 0.5 7.6 *Temp = Temporary; Perm = Permanent. Permanent impacts included all new buildings and infrastructure, and all areas covered by solar arrays (including modified habitat remaining under the arrays).

Direct Impacts to California Tiger Salamander. Direct impacts to CTS include mortality, injury, and loss of upland habitat. This impact is most likely to occur during the construction phase; however, mortality could result from increased vehicle presence during the breeding season during the operational phase of the project.

Indirect Impacts to California Tiger Salamander. Indirect impacts to CTS include potential long-term decline in population viability within the project site over the life of the project.

Impact Significant for California Tiger Salamander. Based on the surveys conducted to date, the species is unlikely to occur on the site; however, an additional breeding pond associated

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with the Utility Corridor has not been surveyed. Due to the regional rarity of CTS, increased mortality of CTS, or modification and loss of suitable upland habitat would be significant and impacts would be considered Class II, significant but mitigable.

California Red-Legged Frog. CRLF and suitable habitat (observed and potential aquatic breeding and foraging habitat) are present on the project site. Given the number of perennial streams on the project site that support suitable aquatic habitat, most of the project site is considered suitable dispersal habitat for CRLF (see Figure 4.4-10). However, dispersal occurs only between potential breeding sites and suitable breeding or aquatic foraging habitat. The project would result in only minor impacts to aquatic habitat because most of the perennial drainages would be avoided.

Up to 1.8 acres of suitable aquatic habitat for CRLF would be permanently affected by the project. Permanent impacts could result from grading, excavation (such as trenching), vehicle strikes (i.e., crushing), and includes all new buildings and infrastructure outside the SDA, such as new or improved roadways outside or between sections of the SDA (e.g., the Access Road), substations, the O&M facility, and similar Project improvements. In addition to permanent impacts, the placement of stream crossings or extension of culverts may cause up to 3.9 acres of temporary impacts on CRLF aquatic habitat. Despite this, although Cottonwood Creek contains suitable breeding habitat for CRLF approximately 4,400 feet downstream of the proposed Cottonwood Creek crossing, the area of the crossing and immediately downstream and upstream of the crossing is not suitable frog breeding habitat. Therefore, no impact to CRLF breeding habitat is anticipated.

Temporary impacts would result from equipment staging, temporary construction access, activities in pulling and laydown areas, temporary trenching, and trampling. Similar to California tiger salamander, the upland habitat value of the SDAs for dispersing California red- legged frogs is expected to persist. Therefore, the SDAs would be available for California red- legged frog use after construction.

The project would result in the conversion and modification of upland dispersal habitat for the species. Up to 696.9 acres of upland habitat would be permanently impacted, and up to 138.8 acres of upland habitat would be temporarily affected. CRLF have been documented to travel overland between breeding sites and aquatic foraging sites up to 2.2 miles away (Bulger et al., 2003) but a distance of one mile is considered average as a dispersal distance for this species (USFWS, 2008 and references within). Perennial wetlands on the project site that are within 1.0 mile of potential breeding sites and other suitable aquatic sites identified during 2013 surveys (see CTS/CRLF report in Appendix E.7). To assess impacts to CRLF upland dispersal habitat, polygons were drawn between observed and potential breeding sites, and suitable aquatic habitat within one mile of these breeding sites, to identify the intervening upland that would most likely be used by CRLF for dispersal. Any permanent or temporary areas of impact within these polygons were identified, and acreages were calculated as impacts to California red- legged frog upland dispersal habitat. However, those areas of the SDAs not permanently impacted (e.g., grassland habitat beneath the solar arrays) will be available for CRLF use after construction.

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Potential California Tiger

Source: H.T. Harvey and Associates, Element Power , 2014 Salamander Habitat Impacts Figure 4.4-9 County of Monterey California Flats Solar Project EIR Section 4.4 Biological Resources

Potential California Red-legged

Source: H.T. Harvey and Associates, Element Power , 2014 Frog Habitat Impacts Figure 4.4-10 County of Monterey California Flats Solar Project EIR Section 4.4 Biological Resources

Western Pond Turtle

Source: H.T. Harvey and Associates, Element Power , 2014 Habitat and Impacts Figure 4.4-11 County of Monterey California Flats Solar Project EIR Section 4.4 Biological Resources

Direct Impacts to California Red-Legged Frog. Direct impacts to CRLF include mortality or injury of individuals, and loss of aquatic and upland habitats. This impact is most likely to occur during the construction phase; however, mortality could result from increased vehicle presence during operational phase of the project, when CRLF may be dispersing across the project site during the breeding season.

Indirect Impacts to California Red-Legged Frog. Indirect impacts to CRLF include the long- term decline in population viability within the project site over the life of the project.

Impact Significant for California Red-Legged Frog. Because of the regional rarity of this species, potential increased mortality of CRLF and degradation and loss of their breeding and non-breeding aquatic habitats and upland dispersal habitats would be considered Class II, significant but mitigable.

Western Pond Turtle. Western pond turtles have been identified in three drainages on the project site and in three ponds on-site (see Figure 4.4-11; approximately 45 western pond turtles have been identified during surveys for other species to date; please see Biotic report in Appendix E.1 and CTS/CRLF report in Appendix E.7); therefore, Project development has the potential to affect this species. Up to 0.8 acres of permanent impacts and 0.9 acres of temporary impacts would occur on suitable aquatic habitat, mostly due to the development of stream crossings or the extension of culverts on other perennial and ephemeral streams on the project site. Suitable turtle nesting habitat is also present throughout the uplands of the project site, outside of these aquatic habitats. Western pond turtles typically nest from 600 feet to more than 0.25 mile away from aquatic areas (Rathbun et al., 1992; Holland, 1994; Jennings and Hayes, 1994; Bury and Germano, 2008). Therefore, up to 887.8 acres of suitable nesting habitat may be permanently lost and up to 234.1 acres of the nesting habitat may be temporarily affected by the project.

Permanent impacts could result from collision or crushing of turtles, eggs, or nests by construction and operation equipment, or by any activity that compacts or disturbs soil in suitable habitat areas. Permanent impacts would also result from the conversion of habitat to developed uses through construction of new buildings and infrastructure outside the SDA, such as new or improved roadways outside or between sections of the SDA (e.g., the Access Road), substations, the O&M facility, and similar Project improvements. SDAs could be available for nesting by western pond turtle; however, during construction, mortality of individual pond turtles or their eggs may occur within the SDAs. Temporary impacts would result from construction staging, construction access, grading, and activities in pulling and laydown areas, trenching, and trampling of habitat.

Direct Impacts to Western Pond Turtle. Direct impacts to western pond turtles include mortality or injury of individuals or their eggs, as well as loss of suitable aquatic and upland nesting habitats. Direct impacts would primarily occur during the construction phase of the project when ground disturbing activities and infrastructure installation in aquatic habitats is underway. Direct impacts during the operational phase are expected to be minimal, but could include mortality or injury of individuals due to regular vehicular traffic at the site.

Indirect Impacts to Western Pond Turtle. Indirect Impacts to western pond turtles include long-term decline in population viability within the project site over the life of the project.

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Impact Significant for Western Pond Turtle. Increased mortality of western pond turtles, destruction of their nests or eggs, and modification and loss of aquatic and upland nesting habitat would be considered Class II, significant but mitigable.

Western Spadefoot, San Joaquin Coachwhip, and Coast Horned Lizard. San Joaquin coachwhip has been observed in the project impact area, and western spadefoot and coast horned lizard have the potential to occur within the Solar Generating Facility Area and along the Access Road. Up to 2,089 acres of upland habitat could be permanently affected, although this includes grassland habitat under the solar arrays that could be used by these species during the operational phase of the project; however, The solar panels would reduce the area of ground surface exposed to direct sunlight; however, because the exact panel design has not yet been determined, the amount of reduction is unknown. A reduction in the area of ground surface exposed to direct sunlight could limit the extent of available basking sites for San Joaquin coachwhips and coast horned lizards near the arrays. In addition, up to 533 acres of upland habitat would be temporarily affected, resulting from construction staging, construction access, grading, activities in pulling and laydown areas, trenching, and trampling.

Habitats for these species would be permanently lost to the development of the proposed infrastructure (buildings, arrays, roads, etc.). Although areas beneath the solar panels would retain natural grassland vegetation and would be available for use, their post-construction use by these species is uncertain.

Mortality could occur during both construction and operation, as a result of collision or crushing by vehicles or equipment, or destruction of individuals, nests, or eggs by soil compaction. Construction and operation activities would be conducted primarily during daylight hours, which would increase the potential for vehicle collisions with diurnal San Joaquin coachwhips and coast horned lizards. Also, the solar panels and other permanent features associated with the site (e.g., perimeter fencing, transmission towers) would increase predation levels of western spadefoot toad, San Joaquin coachwhip, and coast horned lizard by providing increased perching opportunities for predatory birds. Finally, permanent lighting installed at the O&M facility, switchyard, and substation could allow increased predation of the nocturnal western spadefoot toad by illuminating areas near their breeding sites.

Direct Impacts to Western Spadefoot, San Joaquin Coachwhip, and Coast horned lizard. Direct impacts to western spadefoot, San Joaquin coachwhip, and coast horned lizard include mortality or injury of individuals, as well as permanent loss of habitat. Direct impacts would primarily occur during the construction phase; however, mortality and injury of individual could occur during the operational phase as well.

Indirect Impacts to Western Spadefoot, San Joaquin Coachwhip, and Coast horned lizard. Indirection impacts to western spadefoot, San Joaquin coachwhip and coast horned lizard include a potential long-term decline in population viability of these species within the project site over the life of the project. Increased predatory pressure due to the availability of addition raptor perches would also be an indirect impact to these species.

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Impact Significant for Western Spadefoot, San Joaquin Coachwhip, and Coast horned lizard. The potential loss of individual western spadefoot toad, San Joaquin coachwhip and cost horned lizard, and reduction in habitat, could significantly reduce the number and the viability of regional populations of these species. This impact is considered Class II, significant but mitigable.

Vernal Pool Branchiopods. In the project impact area, depressional aquatic and wetland habitats subject to seasonal ponding, but not subject to scouring flows, provide potentially suitable habitat for vernal pool fairy shrimp (federally listed as threatened) and longhorn fairy shrimp (federally listed as endangered). Only a small proportion of the wetlands and aquatic habitats present on the project site consist of these suitable conditions. Such potentially suitable branchiopod habitat is uncommon but fairly widespread in distribution on the Solar Generating Facility Area and along the access road.

Protocol dry-season surveys conducted in 2013 sampled 45 wetland habitats within the BSA identified vernal pool fairy shrimp from cysts at three wetlands (see Dry-season Branchiopod report in Appendix E.10). Wet-season surveys conducted in the BSA in 2012 and 2013 did not detect any listed branchiopods and very few wetlands were observed to pond for eight consecutive days or more. However, rainfall totals during the 2011-2012 rain year were less than 60% of average, and during the 2012-2013 rain year were again lower than average, and areas providing suitable habitat for these species may not have ponded long enough for the species to be detected, even if they were present.

Where present, listed vernal pool fairy shrimp and longhorn fairy shrimp could be adversely affected by the project through habitat loss resulting from grading, excavation, earthwork such as trenching, and placement of structures. Access required for construction could lead to soil compaction and vegetation removal that could also affect these habitats. In features within solar arrays, placement of piles and resulting soil compaction related to construction could affect the topography enough to remove or bury dormant cysts or disrupt existing ponding patterns. Grading on-site would be limited; therefore, the project is expected to have a negligible effect on runoff patterns in most areas. Changes in hydrology could indirectly affect branchiopods and their habitats by disrupting surface flows and reducing or increasing active wetland hydrology and ponding duration in some areas. Rain that falls on solar arrays would still reach the ground, and even within array fields, drainages would retain existing patterns. However, even minor changes in the landscape could affect hydrology, especially close to grading sites or activities that affect soil compaction and erosion. Also, increased erosion and sedimentation resulting from construction could affect these species by increasing total dissolved solids (TDS) and turbidity. Because some soils on the site have serpentine influence or contain serpentinite rocks, runoff from soils exposed by construction could lead to increases of heavy metals in branchiopod habitat, which could be detrimental for species development and survivorship. Depending on topography, such indirect impacts may occur even when construction is distant from suitable habitat. Potential runoff and sedimentation impacts on branchiopod habitat are not expected to occur where these impacts are located downslope of the suitable habitat.

Direct Impacts to Vernal Pool Branchiopods. Direct impacts to vernal pool branchiopods would include mortality or injury of individuals, and loss of suitable vernal pool habitat. These impacts are expected to occur during the construction phase only.

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Indirect Impacts to Vernal Pool Branchiopods. Indirect impacts to vernal pool branchiopods would include the long-term decline in regional population viability due to loss of individuals and habitat. Changes in hydrology and water quality over time could also indirectly affect vernal pool habitat, but this impact is expected to be minimal due to limited site grading.

Impact Significant for Vernal Pool Branchiopods. Because of the regional rarity of vernal pool fairy shrimp and longhorn fairy shrimp, loss of occupied habitat, degradation of occupied habitat, and resulting loss or reduction of populations would be considered Class II, significant but mitigable.

Mitigation Measures. The following mitigation measures are required:

B-1(a) Nested Compensatory Mitigation. The applicant shall provide conservation easements or funds for acquisition of conservation easements as compensatory mitigation to offset impacts to vegetative communities and listed or special status plants and wildlife. The compensatory mitigation shall incorporate the conditions specified in incidental take permits that could be issued by CDFW and USFWS for this project, but shall meet the minimum standards specified in this measure. Compensatory mitigation shall be provided at a ratio of not less than those specified in mitigation measures B-1(e), B-1(j), B-1(n), B-1(v), B- 1(z), and B-1(cc). Compensatory mitigation for multiple species may be combined to mitigate for impacts to multiple species simultaneously (i.e. nested compensatory mitigation). Areas proposed for preservation and serving as compensatory mitigation for special status species impacts must contain verified extant populations of the special status species that would be impacted by the project. Compensatory mitigation areas shall have a restrictive covenant prohibiting future development/disturbance and shall be managed in perpetuity to encourage persistence and enhancement of the preserved target species. Compensatory mitigation lands cannot be located on land that is currently held publicly for resource protection. The compensatory mitigation areas shall be managed by a conservation lands management entity or other qualified easement holder.

The applicant shall either provide conservation easements or provide funds for the acquisition of such easements to a qualified easement holder as defined below. The CDFW and organizations approved by CDFW that meet the criteria below may be considered qualified easement holders for those species for which the CDFW has regulatory authority. To qualify as a “qualified easement holder” a private land trust must at a minimum have:

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1. Substantial experience managing conservation easements that are created to meet mitigation requirements for impacts to special-status species; 2. Adopted the Land Trust Alliance’s Standards and Practices; and 3. A stewardship endowment fund to pay for its perpetual stewardship obligations.

Other specific conditions for qualified easement holders may be outlined in incidental take permits that could be issued by CDFW and USFWS for this project. The County shall determine whether a proposed easement holder meets these requirements. The applicant shall also be responsible for donating to the conservation easement holder fees sufficient to cover administrative costs incurred in the creation of the conservation easement (appraisal, documenting baseline conditions, etc.) and funds in the form of a non-wasting endowment to cover the cost of monitoring and enforcing the terms of the conservation easement in perpetuity. The amount of these administrative and stewardship fees shall be determined by the conservation easement holder in consultation with the County.

The primary purpose of the conservation easement(s) shall be conservation of impacted species and habitats, but the conservation easement(s) shall also allow livestock grazing when and where it is deemed beneficial for the habitat needs of impacted species. Conservation easement(s) shall be held in perpetuity by a qualified easement holder (as defined above), be subject to the management requirements outlined in the HMMP (see measure B-1[b]), and be subject to a legally binding agreement that shall: (1) Be recorded with the County Recorder(s); and (2) Contain a succession clause for a qualified easement holder if the original holder is dissolved.

Land Acquisition Requirements. The following factors shall be considered in assessing the quality of potential mitigation habitat: (1) current land use, (2) location (e.g., habitat corridor, part of a large block of existing habitat, adjacency to source populations, proximity to potential sources of disturbance), (3) vegetation composition and structure, (4) slope, (5) soil composition and drainage, and (6) level of occupancy or use by all relevant species.

To meet the requirement that the mitigation habitat is of value equal to, or greater than, the habitat impacted on the project site, the mitigation habitat must be either “suitable habitat” or “enhanced habitat”:

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Suitable Habitat. To meet the requirements for suitable habitat that provides equal or greater habitat value for special status animal species than the impacted habitat, the habitat must: 1. provide habitat for special status animal species, such that special status animal species populations can regenerate naturally when disturbances are removed; 2. not be characterized by (or adjacent to areas characterized by) high densities of invasive species, such as yellow star-thistle, or species that might jeopardize habitat recovery and restoration; 3. not contain hazardous wastes that cannot be removed to the extent that the site could not provide suitable habitat; and 4. not be located on land that is currently publicly held for resource protection.

Enhanced Habitat. If suitable habitat is unavailable, or in lieu of acquiring already suitable special status animal species habitat, the applicant may enhance potential habitat that: 1. is within an area with potential to contribute to habitat connectivity and build linkages between known San Joaquin kit fox populations; 2. consists of actively farmed land or other land containing degraded habitat that will support enhancement; 3. supports suitable soils, slope, and drainage patterns consistent with special status animal species requirements; 4. cannot be located on land that is currently held publicly for resource protection; and 5. does not contain hazardous wastes or structures that cannot be removed to the extent that the site could not provide suitable habitat.

Enhanced Habitat Standards. For enhanced habitat conditions to equal or exceed habitat conditions on the project site, the enhanced habitat shall meet the following habitat criteria. After five years, these sites must consist of annual grasslands, other grassland vegetation, suitable aquatic habitat, suitable foraging habitat (e.g. habitat is within 10 miles of known nesting golden eagles) or other habitat characteristics (e.g. suitable burrows for burrowing owls, small mammal burrows in upland habitat for CTS, etc.) that are consistent with the known ecology of the special status animal species to which compensatory mitigation is being applied.

Mitigation Timing: The applicant shall calculate the total acreages required to meet all compensatory mitigation obligations and submit these totals to the County prior to the issuance of grading permits. The applicant shall then obtain County approval

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of the location of mitigation lands, the holder of conservation easements, and the restrictions contained in the easement(s) created for the permanent protection of these lands. Documentation of recorded easement(s) shall be submitted to and approved by the County prior to the first of the project’s final inspections, or within 12 months after issuance of grading permits, whichever comes first. Verification of having met habitat mitigation requirements shall be reviewed and approved prior to final inspection. Monitoring: The County shall review documentation of compensatory mitigation land acquisition and associated restrictive covenant for consistency with conditions outlined in the measure. These lands may be identified through independent consultation with CDFW and/or USFWS.

B-1(b) Habitat Mitigation and Monitoring Plan. To ensure the success of compensatory mitigation sites required for compensation of permanent impacts to vegetative communities and listed or special status plants and wildlife, the applicant shall retain a qualified biologist to prepare a Habitat Mitigation and Monitoring Plan (HMMP). The HMMP shall be submitted to the County within 12 months after the issuance of the grading permit. The HMMP shall include, at a minimum, the following information: 1. a summary of habitat and species impacts and the proposed mitigation for each element; 2. a description of the location and boundaries of the mitigation site(s) and description of existing site conditions; 3. a description of any measures to be undertaken to enhance (e.g., through focused management) the mitigation site for special status species; 4. identification of an adequate funding mechanism for long- term management and identification of a conservation lands management entity to manage the conservation easement lands; 5. a description of management and maintenance measures intended to maintain and enhance habitat for the target species (e.g., weed control, fencing maintenance); 6. in areas subject to grazing management, compilation of a dedicated, site-specific managed grazing plan, prepared by a Certified Rangeland Manager, for grassland habitats within the mitigation site(s), employing Residual Dry Matter (RDM) monitoring, and a description of the adaptive management scheme for this plan; 7. a description of habitat and species monitoring measures on the mitigation site, including specific, objective performance criteria, monitoring methods, data analysis, reporting requirements, monitoring schedule, etc.; monitoring shall

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document compliance with each element requiring habitat compensation or management; 8. a contingency plan for mitigation elements that do not meet performance or final success criteria within described periods; the plan shall include specific triggers for remediation if performance criteria are not met and a description of the process by which remediation of problems with the mitigation site (e.g., presence of noxious weeds) shall occur; 9. a requirement that the applicant shall be responsible for monitoring, as specified in the HMMP, for at least three years post-construction; during this period, regular reporting shall be provided to the County; 10. reporting shall include: a) an annual monitoring report to be submitted to the County; and b) for any species listed under the FESA or CESA, demonstration that the compensatory mitigation and management (1) will fully mitigate for any take of a CESA- listed species as defined by CESA, (2) minimize and mitigate any take of an FESA-listed species to the maximum extent practicable as defined by FESA, and (3) ensure that impacts from the project are not likely to jeopardize the listed species continued existence as defined by FESA.

Mitigation Timing: The HMMP shall be submitted by the applicant to the County, and be approved by the County prior to the first of the project’s final inspections, or within 12 months after issuance of grading permits, whichever comes first.. Monitoring: The County shall ensure that all components of the HMMP are fully implemented by the applicant.

B-1(c) Pre-Construction Special Status Plant Surveys. Prior to initial ground disturbance, all temporary and permanent disturbance areas within the Utility Corridor (i.e. areas not surveyed in 2013) shall be surveyed for special status plant species. The surveys shall be conducted in accordance with accepted protocols established by the USFWS, CDFW, and CNPS. The surveys shall be floristic in nature and shall be timed to coincide with the bloom period for the target species identified in the Rare Plant Survey report (see Appendix E.6). All special status plant species observed shall be fully described and mapped on a site-specific aerial image. All special status plant species observation information shall be submitted to the CNDDB.

In addition, if there is a lapse in time of greater than two years between the completed protocol surveys in 2013 and the initiation

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of ground disturbance, all temporary and permanent disturbance areas shall be resurveyed to confirm the populations of special status plant species previously documented on-site, to provide updated and current information on rare plant occurrences necessary to the Habitat Mitigation Plan (see below). The largest extent of special status plant species documented shall be used to determine the mitigation requirements, regardless of which year the survey was conducted.

Mitigation Timing: The applicant shall contract for seasonally- timed pre-construction special status plant species to be conducted within the Utility Corridor prior to construction of the project. The applicant shall submit documentation to the County documenting the result so the preconstruction surveys. Monitoring: The County shall ensure that the surveys are completed by the applicant prior to issuing grading permits.

B-1(d) Special Status Plant Species Avoidance and Minimization. Federally- and state-listed plant species were not identified during 2013 protocol survey; however, if they are identified during future survey efforts within the project site, as conducted under B-1(a), complete avoidance shall be required. The project Proponent shall, in consultation with a qualified plant ecologist, design, construct, and operate the project to completely avoid impacts to all populations of California jewelflower and San Joaquin woollythreads within the project impact area or within 50 feet of the project impact area. Impacts to all other special status plant species shall be avoided or minimized to the greatest extent feasible.

All known special status plant populations present within the limits of disturbance, or within 100 feet of the limits of disturbance shall be clearly depicted on Project plan sets. Prior to ground disturbance or vegetation removal in areas where special-status plant populations are to be avoided, the limits of work shall be visibly delineated with highly visible orange construction fencing or flagging. Visible delineation markers shall be within 50 feet of general Project construction access areas and array installation, or within 100 feet of grading. The avoidance buffers shall be designated Environmentally Sensitive Areas (ESAs) and shall also be shown on Project plan sets. No equipment, vehicles, or personnel are permitted within ESAs without clear permission from a qualified biologist. All ESA fencing shall be maintained intact and in good condition throughout the duration of construction.

Mitigation Timing: project site plans shall be amended by the applicant to show ESAs prior to issuance of grading permits. ESA

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fencing shall be installed by the applicant prior to initiation of all other construction activities, including ground disturbance and staging. Monitoring: The County shall ensure that the project site plans show ESAs and that ESA fencing is properly installed. The County shall ensure that ESA fencing is maintained throughout the duration of construction.

B-1(e) Compensatory Mitigation for Special Status Plant Species. To compensate for significant impacts on special status plant species, offsite habitat occupied by the affected species shall be preserved and managed in perpetuity at a minimum 1:1 mitigation ratio (at least one plant preserved for each plant affected, and also at least one occupied acres preserved for each occupied acres affected) up to the significance threshold (e.g., for a CRP-ranked 1B species where 15% of the known population within 5 miles of the project impact area is impacted, mitigation must be provided at 1:1 equivalent of 5% of that regional population). Areas proposed for preservation and serving as compensatory mitigation for special status plant impacts must contain verified extant populations of the special status plant species that would be impacted by the project, and should be consistent with the USFWS Recovery Plan for Upland Species of the San Joaquin Valley (USFWS 1998) if possible.

If possible, compensatory mitigation areas shall be located as close to the project site as feasible, but must also be protected from Project-related ground disturbance by a species- and impact- specific buffer developed by a qualified plant ecologist familiar with the project actions and with the habitats and plant species present on the project site. This buffer must take into account the following potential indirect impacts that could occur to the preserved populations: 1. potential shading, or alteration of existing light regimes, by nearby infrastructure; 2. potential for alteration of drainage patterns that could affect the hydrology of habitat occupied by the preserved population; 3. potential for overspray of herbicides used during site vegetation management; and, 4. potential for ongoing dust deposition on the preserved population, sufficient to coat foliage or reproductive structures and substantially interfere with photosynthesis or pollination.

Compensatory mitigation areas for special status plants can be combined with mitigation for multiple species as outlined in measure B-1(a) for nesting mitigation. Compensatory mitigation for special status plants shall be consistent with the conditions

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outlined in the above measure B-1(a), and be managed and monitored under the HMMP as outlined in the above measure B- 1(b).

Mitigation Timing: Identification of the total number of plants and acreage for mitigation must be submitted to the county prior to the issuance of grading permits. All other timing shall be consistent with measure B-1(a).

B-1 (f) Preconstruction Surveys for American Badger. No more than 30 days before the start of construction activities, a qualified biologist shall conduct pre-construction surveys for American badgers within suitable habitat on the project site and in the access road/Hwy 41 improvement areas. If a potentially active den is found in a construction area, the den openings may be monitored with tracking medium or an infrared-beam camera for three consecutive nights to determine current use. Potential (inactive) dens within the limits of disturbance shall be blocked with a one- way door or excavated to prevent use during construction. Blocking with one-way doors is preferable to excavation where feasible; potential dens blocked with doors will be made available to badgers after construction. If American badgers or active dens are detected during these surveys, the project Proponent shall implement measure B-1(g).

B-1(g) American Badger Avoidance and Minimization. If suitable American badger dens are identified within the disturbance footprint, the den openings shall be monitored with tracking medium or an infrared-beam camera for three consecutive nights to determine current use. If the den is not in use, it shall be excavated and collapsed to ensure that no animals are present in the den.

If the den is occupied during the non-maternity period and avoidance is not feasible, badgers shall be relocated by first incrementally blocking the den over a three-day period, followed by slowly excavating the den (either by hand or with mechanized equipment under the direct supervision of a qualified biologist, removing no more than 4 inches at a time) before or after the rearing season (15 February through 30 June). Any passive relocation of American badgers shall occur only under the direction of a qualified biologist.

American badger dens determined to be occupied during the breeding season (15 February through 30 June) shall be flagged, and ground-disturbing activities avoided, within 100 feet to protect adults and nursing young. Buffers may be modified by the qualified biologist, provided the badgers are protected, and shall

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not be removed until the qualified biologist has determined that the den is no longer in use.

If a potential den is located outside of the disturbance footprint but within 500 feet of ground disturbing activities (including staging areas), the dens shall be avoided by installation of highly visible orange construction fencing a minimum of 100 feet around the den, designating the area an ESA. No equipment, vehicles, or personnel are permitted within ESAs without clear permission from a qualified biologist. The fencing shall be maintained in good condition and shall remain in place until all construction activities are completed within 500 feet of the den.

Mitigation Timing: The applicant shall submit documentation that either no occupied American badger dens were recorded on the project site, or that appropriate avoidance measures have been implemented to ensure avoidance of active breeding dens prior to issuance of grading permits. Monitoring: The County shall ensure that the applicant is in compliance with American badger impact avoidance and minimization measures.

B-1(h) Preconstruction Surveys for San Joaquin Kit Fox. No more than 30 days before the start of construction activities, the project Proponent shall retain a qualified biologist to conduct preconstruction surveys. All areas within the active limits of work, plus a 500-foot buffer (where the project Proponent has access), shall be surveyed, and all known and potential San Joaquin kit fox dens (i.e., suitably sized dens occurring within suitable habitat) shall be mapped. The entire project site will not be disturbed simultaneously; therefore, pre-construction surveys shall be staggered and occur only in areas scheduled for construction, at most 30 days prior to disturbance in those areas. If present, active San Joaquin kit fox dens shall be flagged, and ground-disturbing activities shall be avoided as described in measure B-1(i), below.

B-1(i) San Joaquin Kit Fox Den Avoidance and Minimization Measures. When a suitable subterranean hole (den or burrow) is discovered within the project site, a qualified biologist will determine if the hole is occupied by a kit fox. Den entrances at least 4 inches in diameter, but not greater than 20 inches, qualify as suitable for kit fox use. The biologist will check to see if the den continues to extend underground at a 6-inch diameter. If the opening narrows quickly to 2-3 inches, then the hole will be considered unusable by kit foxes (it is likely being used by a California ground squirrel and would require extensive modification to be usable by a kit fox). If the den(s) can be immediately identified as recently used by kit fox based on qualifying signs such as kit fox tracks, scat, and a fresh soil apron

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extending 4-6 feet from the den entrance, then no further investigation will be conducted and the hole will be considered an occupied den.

Dens with proper dimensions but no obvious sign will require further investigation. A remote motion-sensing camera will be deployed for at least 3 days to document whether the hole is being used by kit fox. If, after 3 days, no kit foxes are detected and the hole has remained unchanged (no new tracks or excavations are observed), the den will be deemed unoccupied. The den will be considered occupied if a kit fox is photographed using the den frequently or if recent sign is found.

Per the USFWS Standard Recommendations (2011), the following definitions will apply: 1. "Known den" - Any existing natural den or manmade structure that is used or has been used at any time in the past by a San Joaquin kit fox. Evidence of use may include historical records, past or current radio telemetry or spotlighting data, kit fox sign such as tracks, scat, and/or prey remains, or other reasonable proof that a given den is being or has been used by a kit fox. 2. "Potential Den" - Any subterranean hole within the species’ range that has entrances of appropriate dimensions for which available evidence is insufficient to conclude that it is being used or has been used by a kit fox. Potential dens shall include the following: (1) any suitable subterranean hole; or (2) any den or burrow of another species (e.g., coyote, badger, red fox, or ground squirrel) that otherwise has appropriate characteristics for kit fox use. 3. "Natal or Pupping Den" - Any den used by kit foxes to whelp and/or rear their pups. Natal/pupping dens may be larger with more numerous entrances than dens occupied exclusively by adults. These dens typically have more kit fox tracks, scat, and prey remains in the vicinity of the den, and may have a broader apron of matted dirt and/or vegetation at one or more entrances. A natal den, defined as a den in which kit fox pups are actually whelped but not necessarily reared, is a more restrictive version of the pupping den. 4. "Atypical Den" - Any manmade structure which has been or is being occupied by a San Joaquin kit fox. Atypical dens may include pipes, culverts, and diggings beneath concrete slabs and buildings.

The applicant shall establish buffers around occupied dens within the project site under the following conditions for the construction and operation phases of the project:

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Construction Phase 1. Occupied dens detected during pre-construction surveys or during construction monitoring will be fenced or flagged at the appropriate buffer distance (described below), to prevent access to the occupied den by construction equipment or non- biologist personnel. 2. Upon completion of construction activities in proximity to a den, all fencing/flagging will be removed to avoid attracting subsequent attention to the dens. 3. All onsite flagging and buffer delineations will be well maintained for the duration of activity in proximity to the den or until the den is determined to be unoccupied, whichever comes first. 4. The following radii will be the San Joaquin kit fox buffer distances in effect within the project site during project construction: a. Occupied den – 100 feet b. Occupied natal/pupping den – 500 feet c. Occupied atypical den – 50 feet 5. Within the buffers, only essential vehicle and foot traffic will be permitted. 6. Otherwise, all construction, vehicle operation, material storage, and any other type of surface-disturbing activity will be prohibited within the buffers. 7. All reductions to established restrictive buffer areas (i.e. changes in total area by reducing the radii of the buffer or modifying the circular shape of the buffer) or allowance of additional activities within the restrictive buffers based on specific circumstances (i.e. vegetation, topography, acclimation to existing conditions, or frequency, intensity, or duration of anthropogenic activities) must be authorized by an agency-approved kit fox biologist. Agency approval of the kit biologist must be provided in writing by the agencies after review of the biologist’s resume. All authorized reductions to restrictive buffer areas must be reported in writing to the USFWS and CDFW within 24 hours of implementing the change.

Operations Phase / Routine Activities 1. Because routine O&M activities are minimally disruptive and any San Joaquin kit fox that may occur on the site will have habituated to similar levels of activity, restricted kit fox buffer zone entry for normal O&M activities is generally allowable following specific guidelines (see below). 2. Routine O&M activities include (but are not limited to) system maintenance/repair, testing and visual inspections, monitoring of overall system operational status, meter

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reading, security surveys and actions, and supervision of these activities and plant operation. 3. For normal O&M activities, buffer zones within the project site will have restricted entry as follows: a) Potential or unoccupied dens (50-ft buffer): i. No restrictions on entry except that the activity may not cause the destruction of the den. b) Occupied dens (100-ft buffer) and occupied atypical dens (50-ft buffer): i. No activity that would destroy the den may occur, until it is determined to be unoccupied. ii. No activity that may harm a San Joaquin kit fox will proceed until the San Joaquin kit fox is out of harm’s way without harassment. iii. No vehicle parking/refueling will occur within the buffer. iv. Through-vehicle access allowed on established routes for normal O&M activities. v. Access may be allowed on foot or with light-duty vehicles/equipment only (e.g. panel washing equipment) for normal O&M activities if San Joaquin kit foxes are not observed above ground. vi. Any activity that would cause strong ground vibrations may not occur within the buffer zone until the den is no longer occupied. vii. In emergencies or urgent operational necessity, project personnel conducting normal O&M activities may slowly and carefully approach the work area near the den with a San Joaquin kit fox above ground, unless continuation of the activity would harm the San Joaquin kit fox or den. c) Natal den without pups (200-ft buffer): i. No restrictions apply to entries into buffer area around an unoccupied natal den unless the activity would cause the destruction of the den. ii. Same restrictions apply as for occupied dens with 100- ft buffers, as per above. d) Natal den with pups (500-ft buffer): i. No activity that would destroy the den may occur until the den is determined to be unoccupied. ii. No activity that may harm a San Joaquin kit fox will proceed until the den is unoccupied and the San Joaquin kit foxes are out of harm’s way without harassment. iii. No vehicle parking/stopping/refueling will occur within the buffer.

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iv. Through-vehicle access allowed on established routes for normal O&M activities. v. No work will occur within 100 ft of natal dens except in emergencies or urgent operational necessity.  In emergencies or urgent operational necessity, project personnel may slowly and carefully approach the work area near the den, unless continuation of the activity may harm a San Joaquin kit fox or den. vi. No equipment operation will occur within 200 ft of a natal den; however, access may be allowed with light- duty vehicles/equipment (e.g. panel washing equipment) for normal O&M activities up to 200 ft from a natal den if no San Joaquin kit foxes are above ground. vii. Access may be allowed on foot up to 100 ft from a natal den for normal O&M activities if no San Joaquin kit fox are above ground. viii. The fewest number of personnel and only equipment or vehicles essential to the work to be done may approach a den (within the constraints listed above); work must be completed, and personnel leave the area, as quickly as possible. ix. Any activity that would cause strong ground vibrations may not occur within a buffer zone until the den or burrow is no longer occupied.

Operations Phase/Extended Activities 1. Specific den disturbance avoidance procedures for ground- disturbing, mowing, and extended maintenance activities will be developed, in consultation with a Designated Biologist(s) 2. Per the USFWS Standard Recommendations (2011), a Designated Biologist means any person who has completed at least four years of university training in wildlife biology or a related science and/or has demonstrated field experience in the identification and life history of the San Joaquin kit fox. In addition, the biologist(s) must be able to identify coyote, red fox, gray fox, and kit fox tracks, and to have seen a kit fox in the wild, at a zoo, or as a museum mount. Resumes of biologists will be submitted to the Service for review and approval prior to any survey or monitoring work occurring. 3. At a minimum, the following procedures will be followed on the project site: a) No work will be allowed to occur within 200 ft of currently occupied natal dens except in emergencies or urgent operational necessity.

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b) Work that would cause strong ground vibrations may not occur within a buffer zone until such time as the den is no longer occupied. c) After consultation with the Designated Biologist(s) for specific den disturbance avoidance procedures, ground- disturbing, mowing, or extended maintenance activities may be allowed within less than 100 ft of a non-natal San Joaquin kit fox den or 50 ft of an atypical kit fox den when the Designated Biologist(s) has determined it is not occupied (may be temporarily unoccupied). d) After consultation with the Designated Biologist(s) for specific den disturbance avoidance procedures, ground- disturbing, mowing, or extended maintenance activities may be allowed within less than 200 ft of a San Joaquin kit fox natal den when the Designated Biologist(s) has determined it is not occupied. e) The fewest number of personnel and only equipment or vehicles essential to the work to be done will approach a den. Work will be completed, and personnel will leave the area, as quickly as possible.

The applicant shall minimize impacts on known dens through the following procedures: 1. Protect in place if construction would not directly affect the known den on the project site as follows: a) Protect in place will occur immediately after a three-day period of camera monitoring indicating the den is unoccupied, as described above. b) A one-way San Joaquin kit fox door or an alternative approved exclusionary device will be installed on the currently unoccupied den, and the tracking medium or infrared camera will be left in place for two more days to monitor potential activity at the den. c) If San Joaquin kit fox activity is observed at the den during this monitoring period, the exclusionary device will be removed and the den will be monitored for at least five additional consecutive days, starting from the time of the observation. d) Use of the den can be discouraged during this period by partially plugging its entrance(s) with soil in such a manner that any resident animal can escape easily. e) When the den is determined to be unoccupied it will be protected in place under the direction of a qualified biologist. If an animal is still attempting to access the den after five or more consecutive days of plugging and monitoring, the den may have to be excavated (procedure described below).

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2. Excavate dens when construction at the known den site is unavoidable as follows: a) If necessary, destruction of the den will occur immediately after the three-day monitoring period, when the den is temporarily vacant (for example, during the animal’s normal foraging activities), to preclude subsequent use. b) Destruction of the den will be accomplished by careful excavation until the den is fully excavated. c) Hand excavation of dens is encouraged; however, soil conditions may necessitate the use of excavating equipment. d) Extreme caution will be exercised during any den excavation activities and will only be conducted under the direct supervision of a qualified biologist. e) The fully excavated den will be filled with dirt and compacted to ensure that kit foxes cannot re-enter or use the den during the construction period. f) If, at any point during excavation, a San Joaquin kit fox is discovered inside the den, the excavation activity will cease immediately, and monitoring of the den as described above will resume. g) Destruction of the den may be completed when, in the judgment of a qualified biologist, the animal has escaped from the partially destroyed den. h) The camera monitoring and/or burrow-probing procedures employed to determine occupancy prior to excavation will also be used to verify that there is not a second fox inside the den. 3. Postpone work near, and impacts to, natal/pupping dens on the project site as follows: a) Natal or pupping dens (dens in which young are reared) that are occupied will not be destroyed or protected in place until the pups and adults have vacated. b) Project activities within the restricted-activity buffer zones will be modified or postponed if necessary to avoid disturbance, as determined by a qualified biologist. As described above, the following buffer zones apply only for natal dens: i. Construction Phase – 500 Ft ii. Operations Phase / Normal Activity - No equipment operation will occur within 200 ft of a natal den; however, access may be allowed with light-duty vehicles/equipment (e.g. panel washing equipment) for normal O&M activities up to 200 ft

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from a natal den if no San Joaquin kit foxes are above ground. c) After the pups have vacated the den, the procedure for excavation or protection in place (outlined above for known dens) will be implemented.

Mitigation Timing: The applicant shall submit documentation to the County that either no occupied SJKF dens were recorded on the project site, or that appropriate avoidance measures have been implemented to ensure avoidance of occupied or active breeding dens prior to issuance of grading permits. If occupied dens cannot be avoided the applicant will provide documentation that an Incidental Take Permit has been issued by CDFW (CESA/CFGC Sections 2081(b) and 2081(c)) and a Biological Opinion has been issued by the USFWS (FESA Section 7) Monitoring: The County shall ensure that the applicant is in compliance with all SJKF impact avoidance and minimization measures.

B-1 (j) Compensatory Habitat Mitigation for San Joaquin Kit Fox. To mitigate for the loss of San Joaquin kit fox habitat from the installation of all new facilities, except the SDAs, the applicant shall provide compensatory mitigation acreage, adjusted to reflect the final Project footprint in consultation with CDFW, but at a minimum of 3:1 ratio (preserved habitat: affected habitat). The compensatory mitigation must provide equal or greater habitat value than the project site.

To mitigate for the impacts to San Joaquin kit fox habitat within the SDAs, the project Proponent shall provide compensatory mitigation acreage, adjusted to reflect the final footprint of the SDAs in consultation with CDFW, but at a minimum of 2:1 ratio. All compensatory mitigation must comprise habitat of value equal to, or greater than, the project site.

Compensatory mitigation areas for San Joaquin kit fox can be combined with mitigation for multiple species as outlined in measure B-1(a) for nesting mitigation. Compensatory mitigation for San Joaquin kit fox shall be consistent with the conditions outlined in the above measure B-1(a), and managed and monitored under the HMMP as outlined in the above measure B- 1(b).

Mitigation Timing: Identification of the total acreage for mitigation of San Joaquin kit fox must be submitted to the county prior to the issuance of grading permits. All other timing shall be consistent with measure B-1(a).

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B-1 (k) Remove Wild Animal And Livestock Carcasses. To minimize potential for attracting predators of San Joaquin kit fox, Project personnel shall monitor the project site for animal carcasses, including wild animals and livestock. Monitoring shall be conducted by the project Proponent on a weekly basis during construction and operation. During construction, any road kill within the project site shall be reported to designated onsite personnel. Any animal carcasses detected on the project site shall be removed and disposed of as quickly as possible to avoid attracting predators. The removal and disposal shall be conducted by an individual in possession of appropriate federal and state permits, if any are required.

B-1 (l) Preconstruction Surveys for Burrowing Owl. No more than 14 days before the start of initial ground disturbing activities, a qualified ornithologist(s) shall conduct focused, pre-construction, take-avoidance surveys for burrowing owls within all areas proposed for ground disturbance that contain suitable owl habitat (CDFG 2012). Preconstruction surveys shall be consistent with CDFW-recommended methods described in the Staff Report on Burrowing Owl Mitigation (CDFG 2012; Appendix B), and be conducted on foot such that 100% of the survey area is visible, and shall cover the entire limits of disturbances plus a 500-foot buffer. If the project is developed in phases, the preconstruction surveys shall be timed to coincide with the start of each phase, rather than the entire site being surveyed at one time. All observations of burrowing owl and sign of burrowing owl (including suitable burrows, pellets, whitewash) shall be mapped on a site-specific aerial image. A report of the survey finds shall be submitted to the County prior to initiation of construction activities.

If suitable burrows for burrowing owls are identified during preconstruction surveys, mitigation measure B-1(m) shall be implemented.

Mitigation Timing: The applicant will contract for preconstruction burrowing owl surveys to be conducted prior to construction of the project. Monitoring: The County shall ensure that the surveys are completed prior to issuing grading permits.

B-1(m) Burrowing Owl Avoidance and Minimization Measures. If suitable burrows for burrowing owls are found during preconstruction surveys on the project site; burrowing owl occupancy shall be determined through up to three additional focused surveys on potential burrows during the morning and/or evening survey windows as defined in the Staff Report on Burrowing Owl Mitigation (CDFG 2012; Appendix B). If the

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burrows are determined to be unoccupied, they shall be hand excavated by a qualified biologist in the same manner as described under B-1(g).

If the presence of burrowing owls is confirmed, the following avoidance measures shall be implemented. 1. Occupied burrows shall not be disturbed during the nesting season (1 February through 31 August) unless a qualified biologist verifies, through noninvasive methods, that either (1) the birds have not begun egg-laying and incubation, (2) a previously active nest has failed and re-nesting is highly unlikely, or (3) all juveniles from the occupied burrow are foraging independently and capable of independent survival. Owls present after 1 February shall be assumed to be nesting unless evidence indicates otherwise. Nest-protection buffers described below shall remain in effect until 31 August or, based upon monitoring evidence, until the nest has failed or all juvenile owls are foraging independently as determined by a qualified biologist. 2. Site-specific, no-disturbance buffer zones shall be established and maintained between Project activities and occupied burrows, using the distances recommended in the CDFW guidelines (CDFG 2012; Appendix B):

Level of Disturbance Time of Year Low Med High 500 April 1 – Aug 200 500 mete 15 meters meters rs 500 Aug 16 – Oct 200 200 mete 15 meters meters rs Oct 16 – Mar 50 meters 100 meters 500 meters 31

The appropriateness of using reduced buffer distances or burrow-specific buffer distances shall be established on a case- by-case basis by a qualified ornithologist who may consult with CDFW, and shall depend on existing conditions (e.g., vegetation/topographic screening and current disturbance regimes). If necessary, buffer distances shall be carefully reassessed and relaxed or modified, based on future development plans (e.g., increased or intensified construction activities), by a qualified biologist who may consult with CDFW. The buffer zones shall be clearly delineated by highly visible orange construction fencing, which shall be maintained in good condition through construction of project or until construction activities are no longer occurring in the vicinity of the burrow.

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3. During the nonbreeding season (generally 1 September–31 January), a qualified biologist may passively relocate burrowing owls found within construction areas. Prior to passively relocating burrowing owls, a Burrowing Owl Exclusion Plan shall be prepared by a qualified biologist in accordance with Appendix E of the Staff Report on Burrowing Owl Mitigation (CDFW, 2012). The Burrowing Owl Exclusion Plan shall be submitted to the CDFW and County for review and approved by the County prior to implementation.

The biologist shall accomplish such relocations using one-way burrow doors installed and left in place for at least two nights; owls exiting their burrows will not be able to re-enter. Then, immediately before the start of construction activities, the biologists shall remove all doors and excavate the burrows to ensure that no animals are present the burrow. The excavated burrows shall then be backfilled. To prevent evicted owls from occupying other burrows in the impact area, the biologist shall, before eviction occurs, (1) install one-way doors and backfill all potentially suitable burrows within the impact area, and (2) install one-way doors in all suitable burrows located within approximately 50 feet of the active burrow, then remove them once the displaced owls have settled elsewhere. When temporary or permanent burrow-exclusion methods are implemented, the following steps shall be taken: a) Prior to excavation, a qualified biologist shall verify that evicted owls have access to multiple, unoccupied, alternative burrows, located nearby (within 250 feet) and outside of the projected disturbance zone. If no suitable alternative natural burrows are available for the owls, then, for each owl that is evicted, at least two artificial burrows shall be installed in suitable nearby habitat areas. Installation of any required artificial burrows preferably shall occur at least two to three weeks before the relevant evictions occur, to give the owls time to become familiar with the new burrow locations before being evicted. The artificial burrow design and installation shall be described in the Burrowing Owl Exclusion Plan per Appendix E of the Staff Report on Burrowing Owl Mitigation (CDFW, 2012). b) Passive relocation of burrowing owls shall be limited in areas adjacent to Project activities that have a sustained or low-level disturbance regime; this approach shall allow burrowing owls that are tolerant of Project activities to occupy quality, suitable nesting and refuge burrows. The use of passive relocation techniques in a given area shall be determined by a qualified biologist who may consult with CDFW, and shall depend on existing and future conditions

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(e.g., time of year, vegetation/topographic screening, and disturbance regimes).

Mitigation Timing: The applicant shall submit preconstruction survey documentation to the County that either no occupied burrowing owl burrows were recorded on the project site, or that appropriate avoidance measures have been implemented to ensure avoidance of active breeding burrows prior to issuance of grading permits. Monitoring: The County shall ensure that the applicant is in compliance with burrowing owl impacts avoidance and minimization measures.

B-1 (n) Compensatory Habitat Mitigation for Burrowing Owl. To mitigate for the loss of burrowing owl habitat from the installation of all new facilities, except the SDAs, the applicant shall provide compensatory mitigation acreage, adjusted to reflect the final Project footprint in consultation with CDFW, but at a minimum of 3:1 ratio (preserved habitat: affected habitat). The compensatory mitigation must provide equal or greater habitat value than the project site.

To mitigate for the impacts to burrowing owl habitat within the SDAs, the project Proponent shall provide compensatory mitigation acreage, adjusted to reflect the final footprint of the SDAs in consultation with CDFW, but at a minimum of 2:1 ratio. All compensatory mitigation must comprise habitat of value equal to, or greater than, the project site.

Compensatory mitigation areas for burrowing owl can be combined with mitigation for multiple species as outlined in measure B-1(a) for nesting mitigation. Compensatory mitigation for burrowing owl shall be consistent with the conditions outlined in the above measure B-1(a), and managed and monitored under the HMMP as outlined in the above measure B-1(b).

Mitigation Timing: Identification of the total acreage for mitigation of burrowing owl must be submitted to the county prior to the issuance of grading permits. All other timing shall be consistent with measure B-1(a).

B-1 (o) Preconstruction Surveys for Coachwhip and Coast Horned Lizard. The project Proponent shall retain a qualified biologist (i.e., a biologist approved by CDFW to handle these species) to conduct pre-construction surveys immediately before initial ground disturbance (i.e., the morning of the commencement of disturbance). If San Joaquin coachwhips or coast horned lizards are found in the area of disturbance, the biologist shall move the

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animals to an appropriate location outside the area of disturbance. The candidate sites for relocation shall be identified before construction and shall be selected based on the size and type of habitat present, the potential for negative interactions with resident species, and the species’ range. A final report identifying the number of animals moved and any mortality identified during the relocation event shall be completed and submitted to the County at the end of construction.

Mitigation Timing: The applicant will contract for preconstruction coachwhip and coast horned lizard surveys to be conducted prior to construction of the project. Monitoring: The County shall ensure that the surveys are completed prior to issuing grading permits.

B-1(p) Wildlife-Friendly Fence Design. The fencing around the perimeter of the project site and SDAs shall be designed to allow passage by SJKF, American badger, and their prey species, by incorporating openings in the perimeter fence that are a minimum of 4- inch by 4-inch for SJKF, with additional 6-inch by 7-inch openings to allow permeability by American badgers. The opening should be located at least every 500 feet along the perimeter fence. Interior fencing may be designed such that it is installed four to five inches above ground.

Mitigation Timing: The Wildlife-friendly fence design plans shall be submitted by the applicant to the County, CDFW, and USFWS for review and approved by the County prior to issuance of grading permits. Monitoring: The County shall ensure that an approved wildlife-friendly fence design is included in final project design.

B-1(q) Bat Preconstruction Surveys and Avoidance. A qualified biologist shall conduct an acoustic survey during the maternity season (1 March to 31 July) before any grading or removal of trees, particularly trees 12 inches in diameter or greater at 4.5 feet above grade with loose bark or other cavities. An additional survey for non-maternity roosts shall be conducted not less than 30 days prior to the start of construction. If no active roosts are found, no further action shall be required.

If active maternity roosts or hibernacula are found, the structure or tree occupied by the roost shall be fully avoided and not removed or otherwise impacted by Project activities during the maternity season. A minimum 100-foot ESA avoidance buffer shall be demarcated by highly visible orange construction fencing around active maternity roosts. No construction equipment,

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vehicles, or personnel shall enter the ESA without clear permission from the qualified biologist. ESA fencing shall be maintained in good condition for the duration of the maternity season. The roost shall be removed only after the maternity season has ended, and shall be removed under the direction of a qualified biologist.

If active non-maternity bat roosts (e.g., bachelor colonies, hibernacula) are found in trees scheduled to be removed or in rocky crevices within the grading footprint, the individuals shall be safely evicted (e.g., through installation of one-way doors) under the direction of a qualified bat biologist in consultation with the CDFW. In situations requiring one-way doors, a minimum of one week shall pass after doors are installed to allow all bats to leave the roost. Temperatures need to be sufficiently warm for bats to exit the roost, because bats do not typically leave their roost daily during winter months in coastal California. Eviction shall be scheduled to allow bats to leave during nighttime hours, thus increasing their chance of finding new roosts with a minimum of potential predation during daylight.

Mitigation Timing: The applicant shall submit documentation to the County that either no special status bats were recorded on the project site, or that appropriate avoidance measures have been implemented to ensure avoidance of impacts to special status bats prior to issuance of grading permits. Monitoring: The County shall ensure that the applicant is in compliance with special status bat impacts avoidance and minimization measures.

B-1(r) Preconstruction Surveys for Raptors and Other Special Status Bird Species. Not less than 30 days prior to initiation of construction activities (incl. mobilization, staging and ESA fence installation) during the breeding season (1 February to 15 September), a qualified biologist shall conduct preconstruction surveys for raptors and MBTA/state regulated birds. The survey for the presence of nesting raptors, including golden eagles, shall cover all areas within of the disturbance footprint plus a 1-mile buffer where access can be secured. The survey area for all other nesting bird species shall include the disturbance footprint plus a 300-foot buffer. The surveys shall be repeated during the breeding season for each subsequent year of construction to ensure that ongoing construction activities avoid impacts to nesting birds.

If active nests (nests with eggs or chicks) are located, the qualified biologist shall establish an appropriate avoidance buffer ranging from 50 to 300 feet based on the species biology and the current and anticipated disturbance levels occurring in vicinity of the nest. The objective of the buffer shall be to reduce disturbance of

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nesting birds. All buffers shall be marked using high-visibility flagging or fencing, and, unless approved by the qualified biologist, no construction activities shall be allowed within the buffers until the young have fledged from the nest or the nest fails.

For golden eagle nests identified during the preconstruction surveys, an avoidance buffer of up to one mile shall be established on a case-by-case basis in consultation with the USFWS, and shall depend on the existing conditions and disturbance regime, relevant landscape characteristics, and the nature, timing, and duration of the expected development disturbance. The buffer shall be established between 1 February and 31 August; however, buffers may be relaxed earlier than 31 August if a qualified ornithologist determines that a given nest has failed or that all surviving chicks have fledged.

Mitigation Timing: The applicant shall submit documentation to the County that either no raptors or other special status birds were recorded on the project site, or that appropriate avoidance measures have been implemented to ensure avoidance of impacts to raptors and other special status birds prior to issuance of grading permits. Monitoring: The County shall ensure that the applicant is in compliance with raptor and special status bird impacts avoidance and minimization measures.

B-1(s) Special Status Bird Species Impact Avoidance and Minimization. The following avoidance and minimization measure shall be implemented to protect special status bird species from impacts due to project implementation. 1. Cap Vertical Pipes and Piles. To prevent cavity-dwelling and - nesting birds from entering open vertical pipes and piles, all open vertical pipes and piles shall be capped or otherwise modified to prevent use by birds. Caps or other modifications shall be put in place before or immediately after pipe or pile installation. All caps or other exclusionary modifications shall be maintained for the duration of construction and operation. A qualified biologist shall periodically monitor the site to ensure that all pipes or piles are appropriately capped. 2. Avian/Power Line Collision Avoidance and Minimization. Install bird flight diverters in accordance with the Avian Power Line Interaction Committee (APLIC) guidelines for reducing avian collisions with power lines. The applicant shall construct the 230-kV transmission line in accordance with the applicable measures for installing bird flight diverters, of the most recent APLIC guidelines for minimizing avian collisions (Reducing Avian Collisions with Power Lines; APLIC 2012).

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Details of design components shall be indicated on all construction plans. The applicant shall monitor for new versions of the APLIC collision guidelines and update designs or implement new measures as needed during Project construction, provided these actions do not require the purchase of previously ordered transmission line structures. All bird flight diverters shall be maintained for the duration of construction and operation. 3. Avian Electrocution Avoidance and Minimization. Implement Project-specific design measures in accordance with the APLIC guidelines for minimizing avian electrocutions. The applicant shall construct and maintain all transmission facilities, towers, poles, and lines in accordance with applicable policies set forth in the most recent APLIC guidelines for minimizing avian electrocutions (Avian Protection Plan Guidelines; APLIC 2006). Specific APLIC guidelines to be incorporated into the design of the transmission lines to minimize avian electrocutions shall include the following: a) Design the tops of structures to be safe for perching raptors. b) Provide 60 inches separation between energized conductors and i. energized conductors, ii. grounded or neutral conductors, iii. pole line hardware that could provide a perch or nesting place, and iv. overhead shield wires, including optical ground wire shield wire. c) Ensure that all exposed jumper cables are completely covered with a cover of a qualified insulation rating. d) Ensure insulation of all energized arresters with covers and insulated cables.

Details of design components shall be indicated on all construction plans. The applicant shall monitor for new versions of the APLIC guidelines and update designs or implement new measures as needed during Project construction, provided these actions do not require the purchase of previously ordered transmission line structures.

Mitigation Timing: The applicant shall submitted documentation to the County, that avian impact avoidance and minimization features have been incorporated into the project design prior to issuance of grading permits. Biological monitoring reports (see B- 1[ee]) will include discussions of monitoring of vertical pipes and pilings and that these features were capped to ensure avoidance of

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impacts to avian species during construction. Monitoring: The County shall ensure that all avian impact avoidance and minimization design features have been included in project design by the applicant.

B-1(t) Preconstruction Surveys and Avoidance of Western Pond Turtle. Preconstruction surveys shall be conducted for western pond turtle prior to initiation of construction activities, including mobilization and staging. All suitable aquatic habitat within the disturbance footprint plus 200 feet of adjacent upland habitat shall be surveyed for western pond turtles. If any pond turtles are detected during these surveys, or during construction in an area where individuals could be affected, they shall be moved to a suitable location outside the disturbance footprint. The candidate sites for relocation shall be identified prior to start of construction and shall be located within similar size and type of habitat within the same drainage in which the individual was observed. If any pond turtle nests with eggs are found, the nests shall remain undisturbed until the eggs have hatched, if feasible. If avoidance of a nest is infeasible (e.g., if avoidance would result in an unacceptable delay in the project’s schedule), or if the eggs are discovered only after the nest has been affected, any viable eggs shall be relocated by a qualified biologist to a suitable location outside the impact area. Egg relocation areas shall be identified by a qualified biologist based on pond turtle nesting biology. Any viable eggs shall be deposited in a hole and buried for thermal protection.

A final report outline the preconstruction survey results and identifying the number of animals moved shall be submitted to the County prior to the start of construction.

Mitigation Timing: The applicant shall submit documentation to the County that no aquatic special status species were recorded on the project site, or that appropriate impact avoidance measures have been implemented to ensure avoidance of aquatic special status species prior to issuance of grading permits. Monitoring: The County shall ensure that the applicant is in compliance with aquatic special status species impact avoidance and minimization measures.

B-1(u) Preconstruction Surveys and Avoidance of Western Spadefoot. Before the start of construction, a qualified biologist shall conduct a preconstruction survey in and around areas of proposed disturbance during the time of year in which this species can be detected (i.e., during periods of suitable rainfall that result in pooling or the formation of other aquatic habitat) to determine the presence of western spadefoot toad and related habitat. During

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construction, and based on rainfall and temperatures (generally best between February and April), the qualified biologist shall conduct surveys in all appropriate aquatic breeding habitats and in adjacent upland habitats in the project impact area that are within 1200 feet of appropriate aquatic breeding habitats. Surveys shall include evaluation of all previously documented occupied areas and a reconnaissance-level survey of the remaining natural areas of the site. If western spadefoot toads are detected within the area of disturbance, the qualified biologist shall move the animals to an appropriate location outside the area of disturbance. The candidate sites for relocation shall be identified before construction and shall be selected based on the size and type of habitat present, the potential for negative interactions with resident species, and the range of western spadefoot toad. A final report identifying the number of animals moved and any mortality identified during the relocation event shall be completed and submitted to the County at the end of construction.

Mitigation Timing: The applicant shall submit preconstruction survey documentation to the County that no western spadefoot were recorded on the project site, or that appropriate avoidance measures have been implemented to ensure avoidance of impacts to western spadefoot prior to issuance of grading permits. Monitoring: The County shall ensure that the applicant is in compliance with western spadefoot impact avoidance and minimization measures.

B-1(v) Compensatory Mitigation for Western Spadefoot Toad. If occupied breeding (aquatic) habitat for western spadefoot toad is detected and would be permanently affected, compensatory mitigation shall be implemented as follows:

Permanently affected occupied breeding habitat shall be replaced at a 2:1 ratio (mitigation area: affected area). To the extent that there is an overlap in habitat value and occupied habitat, preservation lands may be the same as those provided for other species, such as California red-legged frog and western pond turtle.

Any occupied breeding pond that would be permanently affected and cannot be preserved for western spadefoot toad shall not be disturbed or affected until replacement breeding habitat has been created. Once the replacement habitat is created, during surveys, all western spadefoot toad adults, tadpoles, and egg masses detected in the impact area shall be moved to the created pool habitat. If construction impacts on occupied breeding ponds would occur during the dry season, the replacement habitat must

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be in place prior to the beginning of the next wet season. Surveys in the vicinity of the affected pond shall take place during the wet season, and all western spadefoot toads detected shall be moved to the replacement habitat.

The mitigation breeding habitat shall be monitored and maintained until it is shown to be successful habitat for western spadefoot toad, or up to five years, whichever is shorter. Provision to make adjustments to remediate problems shall also be included in the HMMP in measure B-1(b).

Compensatory mitigation areas for western spadefoot can be combined with mitigation for multiple species as outlined in measure B-1(a) for nesting mitigation. Compensatory mitigation for western spadefoot shall be consistent with the conditions outlined in the above measure B-1(a), and managed and monitored under the HMMP as outlined in the above measure B- 1(b).

Mitigation Timing: Identification of the total acreage for mitigation for western spadefoot must be submitted to the county prior to the issuance of grading permits. All other timing to be consistent with measure B-1(a).

B-1(w) California Tiger Salamander and California Red-Legged Frog Relocation Sites. Prior to the initiation of any other protective measures, a qualified biologist (i.e., biologist approved by USFWS and/or CDFW to translocate CTS and CRLF) shall, in consultation with USFWS and CDFW, identify appropriate relocation sites for any adult, juvenile, and larval CTS and CRLF that may be observed during the pre-construction survey or monitoring activities described below and need to be moved from within the limits of direct impact disturbance.

Mitigation Timing: The applicant shall submit to the County documentation that CDFW and USFWS approved relocation sites for CTS and CRLF have been identified prior to issuance of grading permits. Monitoring: The County shall ensure that CDFW- and USFWS-approved relocation sites have been identified by the applicant.

B-1(x) California Red-Legged Frog Construction Barriers. Before any ground disturbance within 200 feet of identified red-legged frog breeding and aquatic non-breeding habitats, temporary barriers shall be constructed between the limits of disturbance and these identified habitats to minimize the potential for California red- legged frogs to enter the project footprint during construction. The barriers shall consist of 3-foot-tall silt fencing buried to a depth of

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at least 6 inches below the soil surface. The ends of the barriers shall extend 50 feet beyond the 200-foot range of the identified habitats and hook away from the limits of disturbance. These barriers shall be inspected daily by construction personnel and maintained and repaired as necessary for the duration of construction to ensure that they are functional and are not a hazard to red-legged frogs on the outer side of the fence.

The qualified biologist shall monitor fence installation for presence of California red-legged frog. Any individuals detected during these surveys shall be moved to a safe location (e.g., aquatic pool habitat) in a nearby area but outside the limits of disturbance by a qualified biologist approved by USFWS to handle red-legged frogs. Such fencing might not be feasible for in- stream work or work in very rocky areas.

Mitigation Timing: The applicant shall submit to the County documentation that fencing has been installed prior to ground disturbing activity. Monitoring: The County shall ensure that CRLF fencing is in place prior to the start of ground disturbing activity.

B-1(y) Construction Timing, Preconstruction Surveys and Avoidance Measures for California Red-Legged Frog.

To avoid disturbing breeding frogs and to avoid potential spills into known breeding sites when eggs and tadpoles are present, construction activities shall be performed during the dry season to the extent practicable. Construction activities in or within 200 feet of occupied CRLF breeding habitat shall occur during the July– November period, if feasible, to avoid the period when red-legged frogs are breeding and the period when eggs or larvae are most likely to be present.

Preconstruction surveys shall be conducted for CRLF prior to initiation of construction activities, including mobilization and staging. All suitable aquatic habitat within the disturbance footprint plus 200 feet of adjacent upland habitat shall be surveyed. CRLF surveys shall consist of one nighttime survey and one daytime survey conducted by a qualified biologist within a 48-hour period before the onset of construction activities. If CRLF of any life stage are found, they shall be moved to the designated relocation sites identified under B-1(p).

To minimize impacts to California red-legged frog dispersing to breeding sites, during the breeding season (November through April), in areas within 200 feet of California red-legged frog aquatic habitat construction and construction-related activities

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shall be avoided between sunset and sunrise (nighttime) when there is an 80% chance or greater of precipitation, to the extent feasible. If nighttime construction and construction-related activities are required from November through April, when there is an 80% chance or greater of precipitation, a qualified herpetologist approved by USFWS to handle red-legged frogs shall be present to monitor the activity for California red-legged frog. If a California red-legged frog is detected during this monitoring, it shall be moved to the pre-determined salvage site established under measure B-1(w).

A final report outline the preconstruction survey results and identifying the number of animals moved shall be submitted to the County prior to the start of construction.

B-1(z) Compensatory Mitigation for California Red-Legged Frog. Compensatory mitigation shall be required for impacts to suitable habitat for CRLF. To mitigate for the permanent loss of potential To mitigate for the permanent loss of CRLF upland habitat within one mile of known breeding habitat, the project Proponent shall provide compensatory mitigation acreage, adjusted to reflect the final Project footprint, at a 2:1 ratio (preserved habitat: affected habitat within one mile of known breeding habitat).

The compensatory mitigation must provide equal or greater habitat value than the project site. If the compensatory mitigation provides suitable breeding habitat for these species, the overall acreage for upland mitigation habitat shall be reduced by two times the acreage of the suitable breeding habitat (overall acres of upland required – [2 * suitable breeding habitat acres]).

Compensatory mitigation areas for CRLF can be combined with mitigation for multiple species as outlined in measure B-1(a) for nesting mitigation. Compensatory mitigation for CRLF shall be consistent with the conditions outlined in the above measure B- 1(a), and managed and monitored under the HMMP as outlined in the above measure B-1(b).

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Mitigation Timing: Identification of the total acreage for mitigation for California red-legged frog must be submitted to the county prior to the issuance of grading permits. All other timing shall be consistent with measure B-1(a).

B-1(aa) California Tiger Salamander Construction Barriers. Prior to any ground disturbance, temporary one-way barriers approved by both USFWS and CDFW shall be constructed on the project site limits of disturbance wherever these limits intersect uplands located within 0.35 mile of the identified suitable breeding habitat of the project site. No barrier fence shall be installed along the Access Road, Utility Corridor or transmission line. The purpose of the barriers shall be to allow California tiger salamanders to exit the project site but minimize the potential for them to enter the project site impact areas from these potential breeding locations. The barriers shall consist of 3-foot-tall silt fencing buried to a depth of at least 6 inches below the soil surface and installed to allow salamanders to exit but not enter the area of disturbance by providing a one-way door, funnel, ramp, or similar device, every 100 feet. The ends of each barrier shall extend 50 feet beyond the 0.35-mile distance and hook away from the limits of disturbance if the limits of disturbance extend beyond the 0.35-mile distance. This barrier shall be installed prior to the start of the breeding season that precedes the start of construction to allow adult salamanders moving to the breeding ponds during this breeding season to exit the project site to breed but not re-enter the project site to seek refugia. During the breeding season, this barrier shall be inspected daily by construction personnel and maintained and repaired to determine if it is functioning properly and is not a hazard to tiger salamanders on the outer side of the fence. Damage observed at any time shall be reported so that repairs are made as necessary for the duration of construction to ensure that it is functional. A qualified biologist shall monitor fence installation for presence of California tiger salamanders. Any individual detected during this monitoring or at any time within construction limits shall be moved to a safe location identified in measure B-1(w) in a nearby area but outside the limits of disturbance by a qualified biologist approved by USFWS and CDFW to handle the tiger salamanders. This barrier shall be removed within 30 days after completion of construction.

Within 0.35 mile of the identified suitable breeding habitat of the project site, where installation of a silt fence is not feasible, ground-disturbing construction activities shall be limited to the non-breeding season to the extent practicable, and nighttime construction activities shall be minimized during the breeding season. In particular, to minimize impacts to California tiger

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salamanders that are dispersing to and from breeding sites during the breeding season (October through March), ground-disturbing construction activities along the access road and transmission line shall be limited to the non-breeding season, to the extent practicable. In addition, in areas within 0.35 mile of potential California tiger salamander breeding habitat that have not been fenced, construction and construction-related activities, such as deliveries, shall be avoided between sunset and sunrise (nighttime) when there is an 80% chance or greater of precipitation, to the extent feasible. If nighttime construction and construction-related activities are required from November through April when there is an 80% chance or greater of precipitation, a qualified herpetologist approved by USFWS and CDFW to handle tiger salamander shall be present to monitor the activity area for California tiger salamander. If a California tiger salamander is detected during this monitoring, it shall be moved to the pre-determined salvage site (as identified in mitigation measure B-1(w)).

B-1(bb) California Tiger Salamander Daily Pre-activity Surveys. During the winter and spring breeding season (October through April), a qualified biologist (i.e., a biologist approved by USFWS and CDFW to handle CTS or someone working under such a biologist) shall conduct a daily pre-activity survey of active construction areas within 0.35 mile of potential breeding ponds to detect any dispersing CTS. These surveys shall be conducted each morning prior to the initiation of construction in the area where construction is to occur. The qualified biologist shall inspect under all equipment or material stored in the area or to be moved, and along the barrier fence for California tiger salamanders. Any individual detected during these pre-activity surveys shall be moved to a designated relocation sites identified under B-1(p).

Mitigation Timing: The applicant shall report results of daily pre- activity surveys within the biological monitoring reports required in measure B-1(u) and submit these reports to the County as described in measure B-1(u). Monitoring: The County shall review monitoring reports to ensure that the applicant is in compliance with all mitigation measures related to CTS daily pre- activity surveys.

B-1(cc) Compensatory Mitigation for California Tiger Salamander. Compensatory mitigation shall be required for impacts to suitable habitat for CTS upland habitat from all new facilities, the applicant shall provide compensatory mitigation acreage, adjusted to reflect the final Project footprint, at the following ratios (preserved habitat: affected habitat): 2:1 for areas within 4,925 feet of a breeding pond, 1:1 for areas located between 4,925

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feet and 6,125 feet of a suitable breeding pond, and 0.5:1 for areas located between 6,125 feet and 1.3 miles from a potential breeding pond.

Compensatory mitigation areas for CTS can be combined with mitigation for multiple species as outlined in measure B-1(a) for nesting mitigation. Compensatory mitigation for CTS shall be consistent with the conditions outlined in the above measure B- 1(a), and managed and monitored under the HMMP as outlined in the above measure B-1(b).

Mitigation Timing: Identification of the total acreage for mitigation for California tiger salamander must be submitted to the county prior to the issuance of grading permits. All other timing shall be consistent with measure B-1(a).

B-1(dd) Vernal Pool Branchiopod Avoidance and Mitigation. Wetlands found to contain populations of listed branchiopods on the project site and within 250 feet of the project site shall be avoided by implementing a buffer of 250 feet between the habitat and all grading, where feasible. This condition may be modified in consultation with USFWS if the water body is located upslope of the grading area or a reduced buffer would be sufficient for avoidance given existing site-specific conditions (such as proximity to existing roads). Roads to be widened that are directly adjacent to these wetlands shall be widened to the side away from the wetland where feasible. The road shall also be graded to drain runoff to the side away from the wetland. Project elements that do not substantially affect drainage patterns (such as areas where no grading is necessary) shall be located at least 50 feet from the wetlands found to contain listed branchiopods. If avoidances buffers cannot be maintained, any construction activity within the buffer area must be monitored by a qualified biologist to ensure no direct impacts to listed branchiopods.

If full avoidance of occupied habitat is not feasible, impacts to habitat occupied by listed branchiopods shall be mitigated as follows: 1. 2:1 preservation of occupied habitat (preservation mitigation area: impact area) and 1:1 creation of suitable wetland habitat (creation mitigation area: impact area) for direct impacts, or 2. 1:1 preservation of occupied habitat (preservation mitigation area: impact area) for indirect impacts.

Mitigation shall include preservation of occupied wetland habitats supporting the affected species. This habitat can be preserved in an offsite location and managed in accordance with the HMMP (B-1(d)). Alternatively, mitigation requirements can be satisfied by

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purchasing credits at a conservation bank approved by USFWS for these species. If the compensatory mitigation acreage provides suitable mitigation for other species, such as the San Joaquin kit fox or other species, the compensatory mitigation acreage may be used to provide mitigation for multiple species.

Mitigation Timing: The applicant shall include details on vernal pool branchiopod avoidance measures in biological monitoring status reports that are to be submitted to the County as outlined in B-1(u). Monitoring: The County shall ensure that the applicant is in compliance with vernal pool branchiopod impact avoidance and minimization measures.

B-1(ee) Construction Biological Monitoring. Before the start of ground disturbance or site mobilization activities, qualified biologists shall be retained by the applicant. The applicant shall ensure that each qualified biologist has demonstrated expertise with the listed and/or special status plants, terrestrial mammals, birds, reptiles, and invertebrates of the region, such as San Joaquin kit fox, California red-legged frog, and burrowing owl. Expertise must include the ability to recognize listed/special status and common species of the region, as well as sign, including scat, pellets, tracks, hair, fur, feathers, dens, and burrows. One or more of the qualified biologists shall also, as necessary, have the ability to monitor, relocate, handle, and collect species, as authorized by CDFW and USFWS through the use of a Memorandum of Understanding (MOU), scientific collecting/incidental take permit, and/or federal take permit. The qualified biologist(s) shall be present during initial ground-disturbing activities immediately adjacent to or within habitat that supports populations of listed or special status species.

If a listed or special status species is encountered during Project construction, the following protocol shall be implemented: 1. All work that could result in death, direct injury, disturbance, or harassment of the individual animal shall immediately cease and the qualified biologist shall be contacted; and 2. The qualified biologist shall remove the individual animal to an appropriate relocation site outside the project impact areas, or the individual animal shall be allowed to leave unimpeded.

Construction shall resume, as directed by the qualified biologist(s), as soon as the individual animal either leaves or is removed from the area.

Mitigation Timing: The applicant shall submit documentation to the County demonstrating that the applicant has contracted

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qualified biologists to conduct biological monitoring and that these biologists have been approved by CDFW and USFWS (as required) prior to issuance of a grading permit. The applicant shall also report results of daily biological monitoring to the County (through the Environmental Compliance Manager) and prepare and submit monthly summary monitoring reports, and annual monitoring reports to the County. Monitoring: The County shall ensure that the applicant’s biological monitors are approved by CDFW and USFWS and shall review monitoring reports to ensure that the applicant is in compliance with all mitigation measures related to biological monitoring activities.

B-1(ff) Special Status Animal Species General Avoidance Measures and Construction Best Management Practices. The following general avoidance measures and Best Management Practices (BMPs) shall be implemented to avoid and minimize impacts to special status animal species. 1. Prior to ground disturbance, all permanent and temporary disturbance areas shall be clearly delineated by stakes, flags, or another clearly identifiable system. 2. To minimize disturbance of areas outside the project site, all construction and operation vehicle traffic shall be restricted to established roads, construction areas, and other designated areas. These areas shall be included in pre-construction surveys and, to the extent possible, shall be established in locations disturbed by previous activities to prevent further impacts. 3. Construction and operation vehicles shall observe a 20 mile- per-hour (MPH) speed limit during daylight hours within Project areas, except on county roads and state and federal highways. During limited nighttime activities, all construction and operation vehicles shall observe a 10 MPH speed limit. Speed limit signs shall be installed at the project site entrance from the driveway, every one mile along the project site access road, and at the end points of the driveway upon initiation of site disturbance and/or construction. One electronic speed monitoring sign shall be placed in both directions, at the approximate midpoint of the driveway. a) Due to the length of the approximately 5.6-mile-long driveway, USFWS recommended 20 MPH speed limits would be prohibitively slow and would negatively impact construction duration. Therefore, vehicles utilizing the access road (or “driveway”) will observe a 25 MPH speed limit during daylight hours (7 AM–5 PM between 1 October and 31 May; and 7 AM–7 PM between 1 June and 30 September) and will observe a 20 MPH speed limit during the hours of 5 AM–7 AM and 5 PM/7PM–9 PM.

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During limited nighttime activities (9 PM–5 AM) within the driveway, all construction and operation vehicles shall observe a 10 MPH speed limit. 4. All construction pipes, culverts, or similar structures greater than four inches in diameter, or greater than 1.5 inches in diameter within areas where CTS or CRLF may be present, stored or stacked on the project site for one or more overnight periods shall be either securely capped before storage or thoroughly inspected for wildlife before the pipe is subsequently moved, buried, capped, or otherwise used. 5. Materials that could provide shelter/nesting habitat for birds during the nesting season may be covered with netting or treated with other exclusion methods, where feasible and appropriate, to prevent birds from constructing nests. In addition, materials such as wooden pallets, wooden power poles, and metal tubing, providing nesting and shelter habitat for birds during the nesting season and artificial refugia for other special-status species shall be thoroughly inspected before use. 6. If encountered, wildlife within the project site shall be allowed to escape unimpeded, removed by a qualified biologist and placed in a designated safe area away from construction activities, or left in place when required by regulations, policies, permits, and/or conditions of approval. If wildlife removal by a qualified biologist is required, the qualified biologist shall be approved or permitted by CDFW and USFWS, as and if required by law, prior to removing such species. 7. To prevent entrapment of special-status wildlife, all excavations (e.g., steep-walled holes, or trenches) more than six inches deep shall be covered with plywood or similar materials when not in use or fitted with at least one escape ramp constructed of earth dirt fill, wooden planks, or another material that wildlife could ascend. All excavations more than six inches deep shall be inspected daily for entrapped wildlife before construction activities begin and once immediately before being covered with plywood. Before excavations are filled, they shall be thoroughly inspected for entrapped wildlife. Any wildlife discovered shall be allowed to escape unimpeded before field activities resume or shall be removed from excavated areas by a qualified biologist and released at a safe nearby location. 8. Avoidance and minimization of impacts on sensitive biological resources within active construction areas shall be aided through identification of ESAs with flagging or fencing.

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9. Dust suppression shall occur during construction activities when necessary to meet air quality standards and protect biological resources. 10. Disturbance of ponds and in-stream pools shall be avoided to the extent practicable. When feasible, and to the extent practicable, all in-stream work shall occur during the dry season. 11. To the extent practicable, existing mammal burrows shall be preserved in place. 12. No vehicles or equipment shall be refueled or undergo maintenance within 100 feet of a jurisdictional waters feature. Spill kits shall be maintained on the site in sufficient quantity to accommodate at least three complete vehicle tank failures of 50 gallons each. Any vehicles driven or operated within or adjacent to drainages or wetlands shall be checked and maintained daily to prevent leaks of materials. 13. All general trash, food-related trash items (wrappers, cans, bottles, food scraps, cigarettes, etc.), microtrash (nails, bits of metal and plastic, small construction debris, etc.), and other human-generated debris scheduled to be removed shall be stored in animal-proof containers and removed from the site on a regular basis (weekly during construction, and at least monthly during operations). No deliberate feeding of wildlife or domestic animals shall be allowed. 14. To minimize potential for attracting predators that could impact special status animal species, Project personnel shall monitor the project site for animal carcasses, including wild animals and livestock. Monitoring shall be conducted by the project Proponent on a weekly basis during construction and operation. During construction, any road kill within the project site or Access Road shall be reported to designated onsite personnel. Any animal carcasses detected on the project site shall be removed and disposed of as quickly as possible to avoid attracting predators. The removal and disposal shall be conducted by an individual in possession of appropriate federal and state permits, if any are required. 15. New light sources shall be minimized, and lighting shall be designed (e.g., using shielding and/or downcast lights) to limit the lighted area to the minimum necessary. 16. Use of chemicals, fuels, lubricants, or biocides shall be in compliance with all local, state, and federal regulations. All uses of such compounds shall observe label and other restrictions mandated by the U.S. Environmental Protection Agency, California Department of Food and Agriculture, and other state and federal legislation. Use of first- and second- generation rodenticides shall not be permitted except for the limited use of zinc phosphide, or a rodenticide approved by

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the County, and only after other means of pest control (e.g. rodent traps) have proven to be ineffective. 17. To prevent harassment and mortality of listed, special status, and common wildlife species and destruction of their habitats, no domesticated animals shall be permitted on the project site, with the exception of grazing animals prescribed for vegetation management and trained working animals used specifically for livestock management or species surveys (e.g., horses, livestock working dogs, scent tracking dogs). 18. No firearms shall be allowed on the project site, unless otherwise approved for security personnel. 19. During construction, an annual written report shall be prepared describing the status of Project construction, as well as the compliance and current implementation status of construction-related biological mitigation measures and general biological measures. The report shall be submitted to the County no later than 15 February the following year.

Mitigation Timing: The applicant shall include details on special status animal species general avoidance measures and construction BMPs in biological monitoring status reports that are to be submitted to the County as outlined in B-1(u). Monitoring: The County shall ensure that the applicant is in compliance with special status animal species general avoidance measures and construction BMPs.

B-1(gg) Worker Environmental Awareness Program. The applicant shall retain qualified biologists to prepare a Worker Environmental Awareness Program (WEAP) that shall be presented to all construction personnel and employees before any ground- disturbing activities commence at the project site. This presentation shall explain to construction personnel how best to avoid the accidental take of listed and impacts to other special status species during construction. The program shall consist of a brief presentation explaining listed and other special status species concerns to all personnel involved in the project. The program shall include a description of special status species potentially on the project site and their habitat needs; an explanation of the status of the species and their protection under the FESA, CESA, Bald and Golden Eagle Protection Act, Migratory Bird Treaty Act, and California Fish and Game Code; specific mitigation measures applicable to listed and other special status species; and the penalties for take.

The program shall also explain to construction personnel how to avoid impacts to jurisdictional waters, including wetlands. The program shall include a description of jurisdictional waters on the site, specifically permitted impacts to jurisdictional waters,

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measures to protect waters to be avoided, and maps showing the location of jurisdictional waters and permitted impacts. The program shall be recorded electronically, and all future facility employees shall be required to review the recording before the initiation of work on the project site. The WEAP shall be implemented by the applicant before the start of ground disturbance and shall be continued through the construction phase for all construction personnel. A separate WEAP shall be implemented by the applicant before project operation, for all permanent project employees. This program shall include all the information above, as applicable to project operations.

Mitigation Timing: The WEAP shall be submitted by the applicant to the County for approval prior to issuance of grading permits, and all staff must complete WEAP training prior to conducting any work on the project site. Monitoring: The County shall ensure that all components of the WEAP training are fully implemented by the applicant.

Significance After Mitigation. With implementation of the above mitigation measures, potential impacts to sensitive plant and animal species would be reduced to a less than significant level.

Impact B-2 Implementation of the proposed project could have a substantial adverse effect on riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service. This impact would be Class II, significant but mitigable.

Serpentine Bunchgrass Grassland, Valley Needlegrass Grassland, and Wildflower Field. The project site contains approximately 0.01 acres of serpentine bunchgrass grassland, 0.42 acres of valley needlegrass grassland, and 552.14 acres of wildflower field habitats (Figures 4.4-2a– 4.4-2d, Table 4.4-7).

Permanent Impacts. Project construction would result in permanent impacts to up to 0.27 acres of valley needlegrass grassland and 459.96 acres of wildflower field on the Solar Generating Facility Area. The project would not result in any permanent impacts to serpentine bunchgrass grassland, valley needlegrass grassland, or wildflower field along the Access Road or Utility Corridor.

Permanent impacts could result from construction of infrastructure associated with the arrays (e.g., fencing, utilities, access roads, substations, a water storage area, and the O&M facility). Unlike California annual grassland, more specialized grassland habitats, such as wildflower fields, which serves as especially suitable special-status plant habitat within the BSA (see Criterion A as presented in Biotic Addendum report of Appendix E.13), are unlikely to be restored to similar habitat functions and values after grading. These sensitive habitats are characterized by specialized edaphic conditions, aspect, existing uncommon species

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composition, and microtopography. Conservation of topsoil and seed banks after grading would not be able to restore such habitats to similar conditions, because topsoils would become homogenized, mixing the seeds and soils of previously specialized grassland types, such as wildflower field, and the more common California annual grassland. Such topsoil and seed banks, if placed in the areas that previously supported wildflower field, would be unlikely to support the same poor nutrient conditions or the characteristically high proportion of native forbs following grading and restoration. Therefore, any grading of areas of specialized herbaceous habitat types such as wildflower field, serpentine bunchgrass grassland, and valley needlegrass grassland would result in permanent impacts to these vegetation communities. Also, compared to the less specialized California annual grasslands, placement of solar fields over these specialized grassland types could cause greater effects on species composition and structure, because shading and other changes in microclimate under solar panels could favor of more common, non-native grassland species.

Temporary Impacts. Project development would result in temporary impacts on up to 0.28 acres of serpentine bunchgrass grassland and up to 92.17 acres of wildflower field habitat within the project site. (Table 4.4-7). Impacts would be within the Solar Generating Facility Area and the Access Road, with no temporary impacts to these habitats within the Utility Corridor.

Temporary impacts to these habitats could result from temporary construction access, staging, utility trenching, and trampling. Degradation of these high-value habitats could occur through the establishment and spread of invasive weed populations related to Project disturbance.

Impact Significance for Grassland Habitats. Wildflower field, serpentine bunchgrass grassland, and valley needlegrass grassland habitat types are considered sensitive, or support associations listed as sensitive by CDFW (CDFG, 2010). Remaining areas of grassland supporting significant stands of native bunchgrasses are very limited, representing less than 1% of grassland both within the project vicinity and in the state. Although wildflower fields on the site are not as limited as native bunchgrasses, these sensitive communities support a disproportionately large fraction of native plant species and include suitable habitat for rare plant species. Therefore, permanent impacts to these habitats would be significant under CEQA because they would substantially and adversely affect sensitive natural communities. Therefore, this impact would be considered Class II, significant but mitigable.

Mixed Oak Woodlands. Mixed oak woodland habitats comprise 38.6 acres within the project site and contain mature deciduous oak species as the dominant tree cover (Figures 4.4- 2a–4.4-2d, Table 4.4-7). Grasses and forbs are present in the understory.

Permanent Impacts. The project has been designed to avoid oak woodland habitat where possible; however, project activity could result in permanent impacts to up to 0.01 acres of oak woodland from potential linear utility trenching and access related to construction and operation of the project.

Temporary Impacts. Temporary impacts to oak woodlands would be restricted to the western area of the project site, where an area of woodland occurs adjacent to proposed development (Figure 4.4-2a). No trees are expected to be temporarily or permanently impacted due to this activity, because the project site encroaches on oak woodland in a highly restricted

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area along its eastern edge, and outside of the oak canopies. However, temporary impacts to up to 0.1 acres of oak woodlands could occur as a result of activities such as construction access by personnel or equipment, trampling of herbaceous vegetation, materials laydown, or utility trenching. No oak woodlands occur within the Access Road or Utility Corridor impact areas (Table 4.4-7).

Impact Significance for Mixed Oak Woodlands. Native oak woodlands are increasingly rare within the state due to development and a reduction in observed oak regeneration. These woodlands are also protected by County ordinance. Because of the limited and declining nature of this habitat type within the state, and the loss of habitat functions and values provided by a mature oak canopy, permanent loss of mixed oak woodland would be considered significant. Therefore, this impact would be considered Class II, significant but mitigable.

Riparian Habitats and Streams. Riparian habitats and streams are found in both the grassland and woodland communities within the BSA. Riparian habitat occurs along the channels and banks of drainages, and is considered to extend up to the top of bank or the outer edge of the riparian canopy (where riparian trees occur). All riparian habitats border stream corridors and serve as a habitat interface between terrestrial and aquatic communities throughout the project site. Because each stream and the riparian habitat on its adjacent banks represent a single geomorphic drainage feature, and because specific Project actions that impact the streams (such as road crossings) also impact the adjacent riparian bank habitat, these impacts are subsumed under a single discussion.

Permanent Impacts. The project would generally avoid impacts to riparian and stream habitats within the project site. No permanent Project impacts to riparian oak woodlands or willow-cottonwood riparian woodlands would occur within the Solar Generating Facility Area or Access Road; however, there would be up to 0.01 acres of permanent impacts to riparian oak woodlands within the Utility Corridor (Table 4.4-7). The project would also result in permanent impacts to up to 8.57 acres of grassland riparian habitat within the project site (Table 4.4-7), none of which occur within the Access Road or Utility Corridor. In addition, the project would permanently impact up to 0.02 acres of perennial streams (mapped as perennial marsh due to the presence of wetland vegetation), 0.02 acres of intermittent streams, and 0.67 acres of ephemeral streams within the project site (Table 4.4-7).

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Table 4.4-8 Summary of Impacts on Natural Communities in the project Impact Area1 Impacts (Acres) Total Project Impact Area Access Road project site Utility Corridor Permanent Temporary Permanent Temporary Permanent Temporary Permanent Temporary Habitat Types Impacts Impacts Impacts Impacts Impacts Impacts Impacts Impacts California Annual Grassland 1674.95 346.87 3.88 32.41 1670.43 306.27 0.64 8.19 Culvert 0.02 0 0.01 0. 0.01 0 0 0 Developed/Ruderal Grassland 35.23 14.01 17.6 4.6 17.6 8.78 0.03 0.64 Ephemeral Stream 0.67 2.31 0.01 0.01 0.66 2.29 0 0.01 Grassland Riparian 8.57 28.73 0 0.03 8.57 28.68 0 0.02 Interior Coast Range Goldenbush 0 0 0 0 0 0 0 0 Scrub Intermittent Stream 0.02 <0.01 0 0 0.02 <0.01 0 0 Mixed Oak Woodland 0.1 0.31 0 0 0.1 0.31 0 0 Ornamental N-N Woodland 8.04 1.04 0 0 8.04 1.04 0 0 Perennial Marsh 0.1 0.22 0.01 0.02 0 0.17 0 0.03 Perennial Stream 0.01 0.02 0 0 0.01 0.01 0 0.01 Pond 0 0 0 0 0 0 0 0 Riparian Oak Woodland 0.01 1.21 0 0 0 0.97 0.01 0.24 Seasonal Wetland 1.16 0.77 0 0.01 1.16 0.73 0 0.03 Serpentine Bunchgrass Grassland 0 0.01 0 0 0 0.01 0 0 Valley Needlegrass Grassland 0.27 0.15 0 0 0.27 0.15 0 0 Wildflower Field 459.97 92.17 0 0.27 459.96 91.91 0 0 Willow-Cottonwood Riparian 0.09 1.63 0 0 0.09 1.63 0 0 Woodland Total 2189.2 490.20 21.51 37.34 2166.94 442.95 0.74 9.92

1 This summary of impacts on natural communities is from BRIA Addendum (HTH 2014), is based on current Project design, and includes both sensitive and non-sensitive communities.

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Permanent impacts affecting riparian habitats along banks as well as streams within drainage beds would be caused by solar field construction and panel footing placement, improved and new road crossings, potential slope stabilization and erosion control measures, and permanent fill placement within stream habitats. Grassland riparian vegetation could be impacted by shade where panels are placed within riparian corridors, converting these areas to a solar field/grassland riparian habitat type.

Riparian tree removal is not anticipated to occur as part of Project activities. However, if inadvertent riparian tree removal or canopy loss occurs because, for example, roots are damaged by utility trenching, this would be considered a permanent impact, due to the maturity of the riparian canopy on site.

Temporary Impacts. Temporary impacts to riparian habitat within the Solar Generating Facility Area include up to 28.68 acres of grassland riparian, 1.63 acres of willow-cottonwood riparian, and 0.97 acres of riparian oak woodland (Table 4.4-7). Temporary impacts would occur on 0.03 acres of grassland riparian habitat within the Access Road. Within the Utility Corridor temporary impacts include 0.02 acres of grassland riparian habitat, and 0.24 acres of riparian oak woodland habitat.

Temporary impacts to streams on the Solar Generating Facility Area include up to 0.01 acres of perennial stream, 0.17 acres of perennial marsh, less than 0.01 acres of intermittent stream, and 2.29 acres of ephemeral streams. Within the Access Road, temporary impacts to streams include up to 0.01 acres of ephemeral streams and 0.02 acres of perennial stream supporting marsh. Within the Utility Corridor temporary impacts include 0.01 acres of ephemeral stream, 0.1 acres of alluvial intermittent stream, 0.01 acres of perennial stream, 0.03 acres of perennial marsh, and 0.03 acres of seasonal wetland (Table 4.4-7).

Temporary impacts would be related to grading of riparian banks, construction access, dewatering in perennial streams during work, and construction of temporary road crossings. Due to the linear nature of these habitats and their distribution in the area (Figures 4.4-2a–4.4- 2d), riparian corridors and the streams within them cannot fully be avoided by the utility connections that must be established across the site. Therefore, additional temporary impacts would be caused by trenching of utility lines. However, the effects of construction access and trenching-based disturbance on deep corridors and steep banks would be avoided and minimized by using directional boring to install utility lines where riparian drainages are too deep to trench without support grading or other, more intensive ground disturbance.

Work within riparian corridors and streams could contribute to the spread of invasive wetland vegetation, disease, or wildlife (e.g., New Zealand mud snail [Potamopyrgus antipodarum]) to other riparian corridors, streams, or wetlands in or downstream of the project impact area, if not prevented.

Temporary impacts may also be caused by frac-out events that could occur during directional drilling activity under stream and wetland features. If directional drilling work resulted in a frac-out, in which fracturing of the ground result in drilling fluid escaping to the surface, or water draining out of the wetland feature, this would result in direct, but temporary impacts to wetland features.

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Perennial Stream Impacts. A new double box culvert is proposed for a crossing of Cottonwood Creek (a perennial stream that supports perennial marsh wetland vegetation [Figure 4.4-2b]) within the project site. Construction of this culvert would constitute a permanent impact to the stream in this location. Temporary impacts would be caused by the access and activities, including localized dewatering, required to construct this crossing. The project would avoid the remainder of Cottonwood Creek. Elsewhere, perennial streams would be impacted by improvements to and widening of the existing access road and main ranch road. In these areas, pipe culverts large enough to handle storm flows and avoid scour, or channel downcutting, would be installed, along with associated erosion control measures, such as rock weirs and cross vanes, where necessary. Permanent impacts related to these improvements would be confined to the area affected by the wider road and culvert, as well as any erosion control improvements such as weirs. Temporary impacts would be restricted to the areas where construction access is needed to install the improvements.

Intermittent and Ephemeral Stream Impacts. Permanent impacts to intermittent and ephemeral streams, as well as the riparian habitats along their banks, would be caused by construction of new and updated crossings of roads and array fences and installation of new pipe culverts and erosion control improvements (like those described above). The access required to install these improvements would result in temporary impacts on this habitat type. The project would also reroute a portion of the existing main ranch road, removing and restoring the existing culverted road crossings along this road. This work would entail permanent impacts (where new crossings are constructed) and temporary impacts (where existing crossings are removed and restored) to intermittent and ephemeral streams and their riparian banks. Landform grading would be minimal, but would be required in three areas where streams and grassland riparian habitat would be affected. This grading would create a topography and aspect favorable for solar field placement, but would result in some fill of one intermittent stream and two ephemeral streams. These would be rerouted for a total of approximately 730 linear feet over the three reaches (approximately 140 linear feet for the intermittent stream and 10 and 580 linear feet for the two ephemeral stream reaches) in such a way as to preserve existing drainage patterns both upstream and downstream of the fill placement; the bed elevations in these features would not be altered.

Panel footings would be placed in some ephemeral drainages, with associated construction- related impacts resulting from access by personnel and equipment needed for driving the piles and placing the arrays. It is not expected that the panels would substantially alter hydrology within these streams, because such features collect and convey runoff from the entire surrounding watershed. In other words, differences in soil moisture, occurring on a microhabitat level near the panel driplines as a result of panel washing and the concentration of precipitation, would be relatively minor compared to the soil moisture and stream flows contributed to these drainages by the watershed.

Temporary crossings used for construction, but not needed for Project operation, would be constructed only across ephemeral streams and their associated riparian banks. In most cases, these would be unimproved, low-water crossings, but may include some temporary fill and culverts. Following the construction period, any fill placed in these temporary crossing areas would be removed, and the crossing would be restored to its original contours and vegetation

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as described below by the following mitigation. Similarly, any other temporarily impacted riparian habitat would be restored, and a potential increase in invasive weeds would be prevented through incorporation of the below mitigation.

Riparian setbacks (i.e., buffers between the project and riparian areas) would not be possible to maintain in all areas, due to the nature of many types of improvements associated with riparian habitat and streams (e.g., road crossings and slope stabilization), and because some streams occur within the proposed solar arrays. However, the solar arrays are not expected to cause the same degree of impacts to nearby riparian habitats and streams as other development types. New hardscape associated with the arrays would be very minimal, and, in the vast majority of areas under the new arrays, normal groundwater recharge would still occur. Herbaceous vegetation under the arrays would slow down sheet flow to the riparian habitat after storm events, preventing erosion much as the existing grasslands do currently.

Because of the proposed increase in riparian road crossings and a potential resulting increase in channel velocities downstream of these crossings, riparian habitats on the site are at risk from channel downcutting. Downcutting would subsequently degrade riparian habitat quality, and, in some cases, accessibility to wildlife. Also, riparian banks could be at risk of slumping or erosion caused by runoff from Project roads, if such roads are placed next to and parallel to riparian corridors without a setback or buffer of protective bank vegetation (such as woodland or grassland cover). Even when unpaved, the compacted surfaces of roads can become impervious to water and cause runoff. In contrast, the solar array fields will be designed to avoid impacts related to increased runoff amounts or velocities.

Impact Significance for Riparian Habitats and Streams. Permanent impacts to the riparian and stream habitats described above would be significant because these are uncommon habitats within the overall landscape that provide a disproportionately high amount and quality of wildlife habitat and water conveyance and water quality functions. Additionally, these habitats are considered sensitive by local plans and regulatory agencies. Therefore, this impact would be considered Class II, significant but mitigable.

Mitigation Measures. The following mitigation measures are required:

B-2(a) Valley Needlegrass Grassland and Wildflower Field Habitat Mitigation. The applicant shall mitigate permanent impacts to these habitats caused by grading, construction of new road surface, array construction, and structure and building placement by preserving and managing valley needlegrass grassland at a 2:1 mitigation ratio and wildflower field at a 1:1 mitigation ratio (mitigation area: impact area) for total acreages of these habitats as presented in Table 4.4-8.

This compensatory mitigation may be fulfilled in conjunction with other mitigation requirements, such as those for special status plant or animal species affected by the project and should be consistent with the conditions outlined in measure B-1(a), and shall be managed in accordance with the HMMP described in mitigation measure B-1(b).

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Mitigation Timing: The applicant shall obtain County approval of the location of mitigation lands, the holder of conservation easements, and the restrictions contained in the easement(s) created for the permanent protection of these lands in accordance with the timing outlined in measure B-1(a). Monitoring: Monitoring will be conducted in accordance with the conditions outlined in measure B-1(a).

B-2(b) Habitat Restoration and Revegetation Plan. Restore temporarily impacted habitats to prevent loss or degradation of sensitive communities and to preserve habitat functions and values for special status animal species. Areas where temporary, construction-related impacts have taken place shall be restored in accordance with a Habitat Restoration and Revegetation Plan (HRRP). The plan shall prescribe restoration actions needed to treat disturbed soils and vegetation, in order to restore disturbed areas. Only areas that were graded (i.e., where the soil resources were removed and replaced) shall be subject to active restoration; however, the vegetation in the temporarily disturbed areas on the project site and in the Access Road shall be monitored to ensure success, maintenance, and/or establishment of target habitat. The applicant shall contract a qualified restoration biologist, knowledgeable in grassland and wetland habitat restoration to developed the HRRP.

The HRRP shall set forth trigger points to identify where restoration shall be required in response to construction-related impacts. It shall also explicitly detail the process or processes required to restore habitats. The HRRP shall, at a minimum, include the following Project-specific information and sections: 1. Soils and Seed Bank Management a) A soil baseline study shall be conducted, by a qualified restoration ecologist with soils expertise, to inform soil requirements relative to habitat restoration for temporarily disturbed areas of the site. The results of this study shall be included in the HRRP and will be used to inform the development of a topsoil harvest and stockpiling plan outlined in the HRRP, and will outline methods for preserving the seed bank present in the removed topsoil. b) The HRRP shall include details for topsoil salvage, if needed, and proper storage, and shall identify areas within the construction footprint where topsoil is present, supports native vegetation or common non-native grasses characteristic of the grasslands on the site, does not support dense weed infestations, and can be salvaged and stockpiled for later replacement following ground-

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disturbing activities. The soil baseline study shall characterize topsoil by its depth to impervious layer, nutrient levels, texture, organic matter, permeability, and water-holding capacity. c) The HRRP shall also identify areas where topsoil stockpiling and replacement would not be warranted due to low development of the existing seed bank and organic material. The harvesting, stockpiling, and spreading of topsoil and seed bank shall also be monitored by a qualified restoration ecologist with a soils background. d) The HRRP shall require that at least 6 inches of topsoil be salvaged from the areas identified in the plan. These stockpiles shall not be mixed with spoil material, trash, materials such as road base or aggregate, or topsoil containing heavy weed seed banks. The allowable duration for stockpiling and management of stockpiles that will maintain healthy soil conditions shall be stipulated in the HRRP. The HRRP shall stipulate BMPs to discourage erosion of the topsoil stockpiles, including planting cover crops, roughening the pile, using fiber rolls, employing temporary stabilization measures, or other measures, as determined by the potential for erosion of the pile from rain and wind. e) All redistribution of stored topsoil shall be completed prior to final site inspection (for the close of Project construction work). f) Soils temporarily disturbed by trenching activities shall be replaced immediately to the extent practicable following placement of cables, and the amount of time open trenches are left on site shall be minimized to the extent practical. g) Areas where substantial soil compaction has occurred shall be treated with light ripping or other methods intended to rectify compaction, as recommended by the qualified restoration ecologist. The HRRP shall outline the methods for assessing whether substantial compaction requiring active restoration has occurred, based on information gathered in the soil baseline study. h) No fertilization of disturbed soils shall be prescribed unless recommended by the qualified restoration ecologist. As appropriate, highly disturbed soils lacking topsoil replacement may be amended with certified weed-free mulch. i) For wetlands and stream habitats where needs differ from the soil restoration needs in upland soils, the HRRP shall stipulate measures to completely restore fragile soils in wetlands and to maintain existing streambed substrate

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characteristics following restoration of these habitats after temporary disturbance. 2. Temporary Disturbance Mapping a) The HRRP shall include detailed figures showing the areas proposed to be temporarily disturbed during Project construction. Such figures shall be updated as needed to reflect design changes and areas requiring active restoration actions. 3. Supplemental Restoration Actions a) The HRRP will stipulate specific performance criteria that identify when areas require additional methods beyond topsoil replacement and soil restoration. In areas requiring active reseeding beyond topsoil replacement, the species composition proposed for reseeding shall be substantially similar to or improve on pre-construction vegetation community composition, excluding invasive non-native species and rare plant species. The latter may have very specific microhabitat requirements that may not be possible to replicate after disturbance. A range of seeding palettes will be stipulated in the HRRP, and these shall differ as needed between various habitat types. For example, native perennial grasses shall be required as a component of the palette for impacted areas of serpentine bunchgrass grasslands or Valley needlegrass grasslands. Non-native species that are dominant within and characteristic of disturbed habitats may be included, as long as they are not specifically prohibited by the project Vegetation and Invasive Species Management Plan (see measure B-2[c] below). The intent of the seeding palettes shall be to maintain or increase native species coverage, reduce establishment of damaging invasive species, and preserve current wetland vegetation types present on the site. A description of the preferred methods for planting (e.g., hydroseeding, drill seeding, aerial broadcast seeding, or others) within differing habitats or impact types shall be provided, as well as details regarding irrigation, if needed. If seed is to be collected for redistribution from onsite species, collection protocols and areas shall be outlined. 4. Monitoring a) All areas subject to temporary disturbance and requiring restoration actions under the HRRP shall be monitored by a qualified restoration ecologist so that restoration success can be determined and relevant recommendations can be made for successful habitat establishment. Monitoring shall consist of both qualitative and quantitative assessment programs.

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b) Both qualitative and quantitative monitoring shall be required in all restored areas for at least two years following construction. Failure to meet pre-defined success criteria after two years of at least average annual rainfall will trigger remedial actions; however, as vegetation growth is lower during below-average rainfall years failure to meet success criteria during years with lower than average rainfall will simply entail a longer monitoring duration until it can be determined that the restoration success requires remedial actions and the site is not simply being affected by below-average rainfall. Average rainfall is defined in this context as the 30-year average for the site (1981–2010), established by the Parameter-elevation Regressions on Independent Slopes Model (PRISM) Climate Group, or 13.12 inches per year (PRISM 2013). The actual annual rainfall must be measured using an onsite rain gauge, and if the actual measured precipitation does not meet this level by the end of the rainy season, these monitoring results will still be reported, but monitoring will continue until the monitoring data set includes at least two years in which this precipitation level is met or until success criteria are met in two monitoring years. c) Qualitative survey results shall discuss species composition, growth and survivorship, germination success, invasive plant infestations, and areas where restoration was not successful in re-establishing adequate vegetation cover to prevent erosion and sedimentation- related impacts. Qualitative monitoring shall occur on a quarterly basis for the first year. This timing shall allow remedial actions to be identified and enacted as necessary following restoration to achieve success criteria in advance of the final success/failure determination. Monitoring reports shall be submitted to the County every six months (after two qualitative monitoring events) for the first year following restoration. Qualitative monitoring shall then occur once per year in conjunction with quantitative monitoring until two years of average rainfall have occurred or until successful restoration is achieved via attainment of the pre-defined success criteria. d) Quantitative monitoring shall occur annually for years one and two, or longer until pre-defined success criteria are met in two years of monitoring as described above. As described above, failure to meet success criteria during below-average rainfall years will lengthen monitoring duration, but will not necessarily require the commencement of remedial actions until and unless it is

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determined in a year with normal precipitation these criteria are still not being met. In year one, quantitative monitoring shall take place in January, April, and July. In year two and in any subsequent years that this monitoring is required due to low rainfall and/or failure to meet success criteria, monitoring shall occur in May. e) The HRRP will establish pre-defined success criteria for both qualitative and quantitative monitoring activities. A qualified restoration ecologist shall use baseline vegetation data from the impact areas or from reference areas to set comparative success criteria across the site. The success criteria will be defined separately for each habitat type. These criteria will: 1) identify the duration of monitoring sufficient to indicate that the restoration habitat is on a clear trajectory toward successful establishment if this differs from the minimum two years required (e.g., if a given habitat takes six years to reach full maturity, one might monitor it for three years to establish the restoration trajectory), 2) specify interim quantitative habitat performance criteria that can be used to track habitat development at intervals during the monitoring period- these may either be predetermined based on a vegetation survey of the impacted habitat or may be tied to reference sites, 3) specify final quantitative success criteria for each habitat that indicate that the habitat is likely to ultimately develop functions and values comparable to the impacted habitat, and 4) specify final qualitative and quantitative success criteria that demonstrate that the restoration areas exhibit minimal erosion and that invasive plant species cover does not exceed that of reference habitats. f) Quantitative monitoring shall be conducted in one-square- meter quadrats and shall include the following data at a minimum: i. Species composition and cover data ii. Bare ground cover data iii. Canopy height iv. Hydric soil indicators (in wetlands) g) These data shall be used to measure and report native species coverage, native and non-native species recruitment, and hydrology within restored wetlands, and to compare these to the pre-established success criteria. Based on these results, the restoration ecologist shall make specific recommendations for remedial actions, if required. Reports shall be submitted to the County twice annually for the first year of monitoring (by 31 January and by 31 July) and once annually by 31 January during all subsequent years of monitoring. Each HRRP monitoring

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report shall include the following information at a minimum: 1. The name, title, and company of all persons involved in restoration monitoring and report preparation 2. Maps or aerials showing restoration areas, transect locations, and photo documentation locations 3. An explanation of the methods used to perform the work 4. An assessment of the treatment success

Mitigation Timing: The HRRP shall be submitted by the applicant to the County for review and approved by the County prior to issuance of grading permits. Monitoring: The County shall ensure that all components of the HRRP are fully implemented by the applicant.

B-2(c) Project Vegetation and Invasive Species Management Plan. Before the construction permit is issued, the applicant shall retain a qualified restoration or plant ecologist with rangeland management experience to prepare a Project-specific Vegetation and Invasive Species Management Plan (PVIMP), to be administered during operation of the project in the array fields and other applicable areas of the project site. The comprehensive plan shall be intended to maintain acceptable fuel loads and prevent the introduction or spread of non-native invasive species associated with the disturbance resulting from the project.

The PVIMP shall be an adaptive management tool. Vegetation management strategies and weed control efficacy shall be evaluated over time. Modifications to the strategies used or to the techniques used to accomplish each strategy shall be implemented based on results, experience, and the latest research. If grazing is not feasible on the project site, comparable alternative methods of vegetation management (e.g., mowing) may be used.

The PVIMP shall also describe BMPs to avoid the unintentional introduction of invasive species to and from the site, describe monitoring measures to ensure that any invasions are detected before they become substantial, and describe species-specific control measures that shall be implemented if invasions occur.

The PVIMP shall be submitted to the County prior to the notice to proceed, and shall address the entire project site. This submittal shall further describe the process by which the PVIMP shall be implemented (e.g., the entity responsible for implementing it, funding mechanisms, and reporting procedures). The PVIMP shall include, but is not limited to, the following:

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1. detailed measures to promote the persistence of native grassland species, including listed and rare plant species in the vicinity of, but not removed by, the project; 2. a description of exclusion fencing, if warranted to protect avoided riparian habitats and jurisdictional waters within the arrays; 3. in areas subject to grazing management, development of an RDM monitoring plan that shall inform adaptive management and the rates, timing, and duration of livestock grazing actions planned from year to year, determined by annual climatic patterns and the response of herbaceous vegetation to impacts from the solar panels and plant operations (e.g., panel washing); 4. a plan for adaptive strategies to manage grazing or other vegetation management actions to benefit native wildlife and vegetation and avoid or minimize the establishment of invasive weeds, to the degree practicable; 5. a description of alternate acceptable vegetation control methods and triggers for their use, including weed whacking, mowing, herbicides, and others; 6. a description of annual monitoring stipulated for weeds within the project site and measures for controlling weeds, both prior to ground disturbance and annually during operation of the project; 7. a plan for the use and application of herbicides, which may be prescribed only by a licensed Pest Control Advisor and applied only by a licensed applicator; specific prohibitions on herbicide use and application (e.g., no application of herbicides when winds are in excess of 10 MPH or within 50 feet of wetlands) including prohibition near amphibian habitat shall be included; 8. a detailed plan for the washing of all ground-disturbing equipment before it is transported to the site or is used at another site, and for washing equipment within the site if it has worked in infested areas before being used elsewhere on the site; 9. a detailed plan for preventing the spread of New Zealand mud snails within the site; the plan shall include thorough washing of equipment and the footwear of construction personnel, or drying for two weeks following work in wetted stream channels that may support the species; and 10. details for placing and maintaining an onsite wash station for washing heavy equipment that has worked in infested areas before moving elsewhere on the site, and performance criteria for the control and disposal of wash water and collected sediment; and treatment and disposal requirements for weed- infested topsoil.

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Mitigation Timing: The PVIMP shall be submitted by the applicant to the County, CDFW, and USFWS for review and approved by the County prior to issuance of grading permits. Monitoring: The County shall ensure that all components of the PVIMP are fully implemented by the applicant.

B-2(d) Mixed Oak Woodland Avoidance and Minimization. If oak woodlands occur in or adjacent to (i.e., within 25 feet of) the project impact area, an International Society of Arboriculture (ISA)-certified arborist shall establish a buffer of 25 feet from the driplines of native trees in the oak woodland habitat. No ground- based construction activities, including trimming of trees, shall be allowed within the buffer unless monitored by an ISA-certified arborist. All buffers shall be marked using highly visible flagging or fencing.

Mitigation Timing: The applicant shall submit documentation that either no oak woodlands or individual oaks were recorded within 25 feet of proposed impact areas, or that appropriate avoidance measures have been implemented to ensure avoidance of oaks and oak woodlands prior to issuance of grading permits. Monitoring: The County shall ensure that the applicant is in compliance with oak woodland impact avoidance and minimization measures.

B-2(e) Riparian/Stream Habitat Setbacks. As discussed above, some improvements near and within riparian habitats and streams would be necessary to construct road and fence crossings, stabilize banks, and construct other Project improvements. In other locations, where complete avoidance of reaches of perennial and intermittent streams is proposed, Project activities and Project work limits shall include a standard 50-foot setback from the top of bank or the outer dripline of the riparian canopy of the avoided stream reaches. The 50-foot setback shall apply to the avoided reach length. In isolated locations it may be necessary to place structures within 50 feet of the avoided drainage and a full 50-foot setback is not feasible, a minimum 25-foot setback shall be observed from avoided perennial or intermittent riparian habitat in all locations (i.e., work limits may come no closer than 25 feet from the top of bank or the outer canopy dripline in any specific area along the avoided reach). Where existing roads occur parallel to and within 50 feet of avoided perennial or intermittent streams, it will be impossible to maintain a 50-foot average setback or even a 25-foot minimum setback, because even to realign the road, work near the avoided streams would be required. In these cases, Project activities and Project work limits shall be set back 10 feet

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from the top of bank. All work that must occur within the 50-foot setback shall be monitored by an authorized biologist to ensure direct impacts to sensitive habitat are minimized, and all impacts to special status species are avoided. Riparian setbacks and all riparian habitat to be avoided by the project shall be fenced or flagged before construction occurs in adjacent areas. A biological monitor shall be present to ensure compliance with off-limits areas.

Mitigation Timing: The applicant shall submit documentation that appropriate avoidance measures have been implemented to ensure avoidance of all riparian habitat prior to issuance of grading permits. Monitoring: The County shall ensure that the applicant is in compliance with riparian habitat impact avoidance and minimization measures.

B-2(f) Stream Channel Avoidance and Minimization. To prevent high- velocity water flow from causing bank downcutting at downstream locations, any improvements related to road realignment, widening, or the ability of the road to convey heavy equipment for construction shall be designed to handle heavy storm flows (up to the 25-year flood event or more), such that undesirable velocities and channel destabilization downstream of the crossing shall be avoided.

Improved outfalls, channel stabilization, rock weirs, rock cross vanes, and other measures associated with crossing improvements shall be installed as necessary, but the use of large riprap shall be avoided or minimized to the extent feasible.

Grade-control structures and structures such as weirs shall be designed in consultation with a qualified geomorphologist, to determine the least amount of fill and structures needed to achieve stabilization goals, and to ensure that stabilization structures and improvements shall not themselves cause additional unwanted channel instability. Similarly, rerouted drainages shall be assessed by a qualified geomorphologist or hydrologist to ensure that drainage patterns downstream of the rerouted reach shall not be affected. Where present, cobble substrates within the reaches of streams to be rerouted shall be collected and replaced within the rerouted reaches.

A single crossing, including a new double box culvert or free-span bridge, shall be installed in Cottonwood Creek. For the purposes of construction, no low-water crossings shall be allowed within perennial streams. Additionally, culvert crossings shall be installed in primary access locations over intermittent streams that

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carry flows for long periods (weeks or months) of typical wet seasons, whenever feasible. Permanent low-water crossings in intermittent or ephemeral streams that may be subject to heavy use during construction or operations, or which must be accessible throughout the rainy season and during storm events, shall be improved (to protect the bed and banks from erosion) using keyed aggregate, armor block, or similar materials that do not erode out during heavy storm flows. Where unimproved low-water crossings are used, such as the unimproved aisleway crossings between panel blocks over ephemeral streams, these crossings shall not be accessed during periods of active flow, or when the soil of the bed and banks are wetted and subject to erosion, compaction, or bank damage by vehicles.

Construction will not occur within wetted channels. For construction that must occur in streams carrying active flows, the stream habitat and water quality in the stream shall be protected through dewatering. Any construction that must occur in these habitats in the wet season (typically, 15 October to 15 April) will take place only when soils are not wetted (i.e., not during or after storm events, allowing for a sufficient drying period after rain events), and construction shall not occur when rain is forecast to occur with a 30% or greater chance within the next 24 hours. Sufficient erosion control materials must be kept on the site and be ready for installation in case construction must cease in streams due to a forecast rain event, as per the project-specific Storm Water Pollution Prevention Plan (SWPPP).

Mitigation Timing: The applicant shall submit documentation that appropriate avoidance measures have been implemented to ensure avoidance of all stream channels prior to issuance of grading permits. Monitoring: The County shall ensure that the applicant is in compliance with stream channel impact avoidance and minimization measures.

B-2(g) Directional Boring Avoidance and Minimization. As discussed above, directional boring, or in some cases, overhead lines, shall be used in place of open trenching wherever open trenching would require grading of banks to access steep, deeply incised drainages. Wherever directional boring is to occur, a frac-out plan shall be developed and implemented to avoid potential water quality impacts related to this activity. If frac-out occurs, the affected stream reach shall be restored to pre-existing conditions, and the impact shall be mitigated as per mitigation measure B-2(j).

Mitigation Timing: The Frac-out Plan shall be submitted by the applicant to the County, CDFW, and USACE and approved by the

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County prior to issuance of grading permits. Monitoring: The County shall ensure that all components of the Frac-out Plan are fully implemented by the applicant.

B-2(h) Show streams and riparian habitat, and associated setbacks, on construction drawings. To facilitate site management and ensure avoidance of these sensitive features, all streams and riparian habitat shall be clearly delineated on plan sets. The plan sets shall also show avoided reaches and setbacks adjacent to Project improvements. Additionally, all riparian and stream locations subject to impacts shall be clearly delineated on Project plan sets. The plan sets shall depict temporary, construction-related low- water road crossings through intermittent and ephemeral streams, as well as crossings through minor drainages between panel blocks needed for operational access to the arrays; these crossing types would require no improvement such as grading or aggregate placement. Zones within solar arrays where ephemeral streams and associated riparian habitat would be impacted for solar panel footing placement, where access would be required along the length of the stream, shall also be depicted. Any subsets of these impacted reaches where slopes are too steep to move equipment across safely or without excessive bank damage, or areas that cannot be safely crossed without the aid of planned improvements such as culverted temporary fill, shall be depicted and flagged on the ground; access shall not be allowed in these areas unless by way of the planned improvements. No construction- or operation related vehicular access shall occur through riparian or stream habitats on the site outside of the designated crossing and temporary impact zones.

Mitigation Timing: Construction drawings depicting stream and riparian setbacks shall be submitted by the applicant to the County, for approval prior to issuance of grading permits. Monitoring: The County shall ensure that all stream and riparian setbacks have been appropriately established by the applicant.

B-2(i) Riparian/Stream Mitigation. Perennial stream/channel wetlands and associated riparian habitat shall be preserved and enhanced to compensate for permanent impacts to riparian and stream habitats, in a manner that achieves no net loss in acreage or function, and should be consistent with the USFWS Recover Plan for Upland Species of the San Joaquin Valley (USFWS 1998) if possible. Enhancement of the preserved habitat shall be site- specific, according to opportunities available at the preservation site and may include riparian vegetation plantings, weed removal, and alteration in grazing management such as changes in stocking, timing, or installation of riparian exclusion fencing.

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Permanent impacts to perennial streams and the associated riparian habitat shall be mitigated at a 3:1 ratio (linear feet of stream and associated riparian corridor preserved and enhanced: linear feet of perennial stream and associated riparian corridor impacted); impacts to intermittent streams shall be mitigated at a 2:1 ratio (linear feet preserved and enhanced: linear feet impacted); and impacts to ephemeral streams shall be mitigated at a 1:1 ratio (linear feet preserved: linear feet impacted). The design, monitoring schedule, and success criteria for the mitigation site shall be described in a Project Wetland Mitigation and Monitoring Plan (described in detail in mitigation measure B-3(d), below) that demonstrates no net loss in acreage or function. Preserved riparian corridors, and any surrounding uplands above the top of bank within the area to be preserved, shall be placed in a conservation easement or similar legal mechanism and managed in perpetuity.

Mitigation Timing: The applicant shall obtain County approval of the location of mitigation lands, the holder of conservation easements, and the restrictions contained in the easement(s) created for the permanent protection of these lands consistent with the timing outlined in mitigation measure B-1(a). Monitoring: Monitoring for riparian/stream mitigation shall be consistent with the monitoring conditions outlined in mitigation measure B-1(a)

Significance After Mitigation. With implementation of the above mitigation measures, impacts would be reduced to a less than significant level.

Impact B-3 Implementation of the proposed project could have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means. This impact would be Class II, significant but mitigable.

Wetlands. The project site contains approximately 4.26 acres of wetlands including 2.06 acres within the Solar Generating Facility Area, 0.04 acres within the Access Road, and 2.16 acres within the Utility Corridor (see Table 4.4-2). For the purposes of this analysis, wetlands are vegetated or seasonally vegetated habitats that have the following characteristics: indicators of active wetland hydrology (e.g., soil cracking, salt crust, drainage patterns), hydric soils that are saturated or inundated for three consecutive weeks in most years (e.g., redoximorphic concentrations, soils with a depleted chroma), and a hydrophytic vegetation community, in this project mapped as perennial marsh or seasonal wetland. The outer limits of each wetland occur where one or more of these characteristics take on an upland character, for example where an upland vegetation community is dominant, or where soils lack hydric indicators. Because wetland vegetation can exist within perennial streams, some perennial stream reaches on the project site, such as within Cottonwood Creek, are depicted as the perennial marsh wetland type (Figures 4.4-2a–4.4-2d). Perennial wetlands within the project site and Access Road are fed

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by groundwater and exhibit standing water and/or saturated soils year-round. Seasonal wetlands in these areas tend to be mostly very small (< 500 square feet), depressional or swale- based features fed by runoff and located on clayey soil types. Many of these wetlands are very marginal, lacking evidence of frequent long-term ponding and with a propensity to support upland plant species intermixed with wetland vegetation. These seasonal wetlands dry completely and function similar to the surrounding grasslands during the dry season.

Project-related activities and improvements would permanently impact up to 0.01 acres of perennial marsh (See Impact B-2, Riparian Habitats and Streams, where this impact is described in more detail) and up to 1.16 acres of seasonal wetlands within the project site, and would temporarily impact up to 0.17 acres of perennial marsh and 0.73 acres of seasonal wetlands within the project site (Table 4.4-7). The project would also permanently impact up to 0.01 acres of perennial marsh within the Access Road, and would temporarily impact 0.02 acres of perennial marsh and 0.01 acres of seasonal wetland within the Access Road. Project activity would temporarily impact approximately 0.3 acres of perennial marsh and 0.03 acres of seasonal wetland within the Utility Corridor.

Permanent impacts to wetlands would occur from grading, excavation, fill placement, placement of structures or other infrastructure such as inverters, placement of panel pile footings, road crossing and outfall construction, and shading or alteration of hydrology within wetlands under the solar panels. Temporary impacts could result from temporary access needed for construction of the project, staging for activities and improvements to be constructed within jurisdictional waters, trenching of utility lines, trampling of wetland vegetation, and soil compaction from access and equipment. Work within wetlands could contribute to the spread of invasive wetland vegetation or wildlife to other wetlands or streams within the project impact area if not prevented.

In addition to the temporary and permanent direct wetland impacts described above, the construction of New Well 1 (see discussion of New Well 1 in Section 2.0, Project Description and Figure 2-4h) at location W19 in the northern portion of project site, south of Turkey Flat Road and west of the Transmission Line Corridor (Figure 4.4-2q), could result in hydrological interruption which would indirectly impact approximately 2.3 acres of perennial marsh wetland located south of the proposed well site (W19, Figure 4.4-2a). The well would be built during the construction phase and used for up to two years. If the well impacted the wetland’s hydrology, this would result in the death of the hydrophytes associated with W19 and would reduce the habitat functions and values for special-status and common species that may use the wetland during the construction period. For example, the wetland and the stream that it feeds to the south of the project site provide foraging aquatic habitat for California red-legged frogs (for a discussion of red-legged frog impacts, see Impact B-1). A reduction in the hydrologic output of this wetland could also cause a temporary change to the hydrology within the perennial stream located downstream of W19. If the prior hydrology was restored to W19 after the construction period, the marsh would recover within one to two years following cessation of groundwater draw, depending on climatic conditions and groundwater recharge in the winter following abandonment of the construction well. Upon reestablishment of the current hydrology and associated wetland vegetation, the ecological value and functions of W19 would return, once again providing habitat for the species that depend on the feature. Consequently, if

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the hydrology of wetland W19 is temporarily interrupted, the habitat functions and values provided by this wetland could be lost or diminished for a period of three to four years.

Impact Significance for Wetlands. Throughout California, the quality and quantity of wetland habitats has dramatically declined due to the construction of dams, dikes, and levees as well as due to water diversions, the filling of wetland habitat for development, and the overall degradation of general water quality due to inputs of runoff from agricultural, urban, and infrastructure development and other sources. Wetlands also present unique habitat functions and values for wildlife, and provide habitat for plant species adapted to wetland hydrology. As a result, wetland habitat types are considered sensitive habitats. Wetlands are also federally regulated under Section 404 of the Clean Water Act. Substantial adverse permanent impacts, and temporary impacts lasting more than one rainy season, would be considered significant under CEQA. Therefore, this impact would be considered Class II, significant but mitigable.

Mitigation Measures. The following mitigation measures are required:

B-3(a) Wetland Avoidance and Minimization. Impacts to wetlands and other waters shall be avoided to the extent feasible. In consultation with a wetland ecologist, the project shall be designed, constructed and operated to avoid and minimize impacts to wetlands and other waters to the extent feasible, which may include minor changes to the panel layout and roadway configurations to avoid wetlands. General Project staging and laydown activities shall not occur within wetlands during construction. To avoid unnecessary egress into wetlands, all wetlands in the project impact area shall be clearly shown on Project plans and the limits marked with highly visible flagging, rope, or similar materials in the field. Access allowed within these features for the purposes of construction in and near such features (e.g., road crossings, pile placement, trenching) shall be clearly delimited on Project plan sets, and these allowed work limits shall also be staked in the field, to prevent construction personnel from causing impacts to areas outside of work limits. Where necessary, silt fencing or other measures may be used to protect adjacent wetlands from sediment transport or other indirect impacts that could result from adjacent construction. During the operation of the solar facility, maintenance activities shall not be staged within wetlands. Wetlands and other waters within construction areas that are to be avoided shall be fenced or flagged for avoidance prior to construction, and a biological monitor shall be present to ensure compliance with off-limits areas. All jurisdictional wetlands and waters shall be clearly shown on Project plan sets.

Mitigation Timing: The applicant shall submit documentation to the County that appropriate wetland avoidance and minimization measures have been implemented prior to issuance of grading permits. Monitoring: The County shall ensure that the applicant is

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in compliance with wetland impact avoidance and minimization measures.

B-3(b) Well Placement Hydrology Study. To mitigate for potential impacts from groundwater pumping that may affect the active hydrology at New Well 1, the applicant shall contract a qualified hydrologist to perform a detailed, area-specific study for all newly proposed wells, prior to well construction. The Well Placement Hydrology Study (WPHS) shall determine the potential vulnerability and the expected effects of any new well (including calculated acreages of impacts), as well as the anticipated construction water demands on nearby wetlands and the downstream waters fed by such wetlands. To the extent feasible, all new wells shall be sited with sufficient setback from groundwater-fed wetlands such that temporary impacts to W19 and other wetlands shall be avoided or minimized. If a new well must be sited in an area where impacts to W19 or other wetlands cannot be ruled out (or limited to no more than one rainy season) by the hydrologic study, mitigation measure B-3(c) shall apply.

Mitigation Timing: The WPHS shall be submitted by the applicant to the County for review and approval prior to issuance of grading permits. Monitoring: The County shall ensure that all components of the WPHS are fully implemented by the applicant.

B-3(c) Monitor Well Impacts to Wetlands. In the event that the hydrologic study cannot rule out permanent or temporary impacts to New Well 1 lasting longer than one rainy season, or to other groundwater-fed wetlands at new well locations, wetland dewatering impacts monitoring shall be included in the Construction Management Plan. Under this plan, the potentially affected features shall be monitored to determine the extent of adverse effects and duration of loss of, or reduction in, wetland functions and values. The monitoring plan shall require, at a minimum: 1. ambient monitoring, including groundwater monitoring conducted to establish a baseline of the conducted to establish current conditions in the year prior to Project implementation; 2. compliance monitoring, to determine the spatial extent (as defined per USACE routine delineation methods) and duration of hydrological interruption impacts to wetland vegetation and hydrology in the affected wetland and any streams fed by the wetlands; and 3. post-closure monitoring conducted for one year after the well is abandoned, or until a 90% success criterion has been met, to quantify groundwater levels after use of the well ceases and confirm that wetland acreage, functions, and values provided

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by the affected wetlands have returned to within 10% of pre- Project conditions (established during baseline monitoring and as per the USACE-approved Project wetland delineation mapping of the feature shown on Figure 4.4-2a).

As part of the monitoring plan, quarterly reports shall be provided to the County on observed hydrological impacts. Compensatory mitigation shall be provided per mitigation measure B-3(d) based on the extent and duration of wetland impacts quantified through monitoring.

Mitigation Timing: The applicant shall submit documentation that either all impacts to wetlands from well development have been avoided or compensatory mitigation measures have been implemented prior to the first of the project’s final inspections, or within 12 months of issuance of grading permits, whichever comes first. The applicant shall also submit quarterly monitoring reports to the County, RWQCB, and/or USACE. Monitoring: The County shall ensure that the applicant is in compliance with impact avoidance and mitigation measures relating to wetland impacts from well development.

B-3(d) Wetland Habitat Mitigation. To compensate for permanent impacts to wetlands on site, offsite wetlands shall be created, preserved, and managed in perpetuity at a 2:1 mitigation ratio (acres created and preserved: acre impacted). Permanent loss includes all wetlands affected by permanent fill placement (which may occur, for example, from mass grading or new road or structure placement, including panel footing placement). In the areas of seasonal wetlands under solar panels (i.e., not the area affected by fill placement but the remainder of the wetland area under the array), some degradation of the wetland is expected; however, it is also anticipated that these areas would continue to provide residual wetland functions and values in at least a portion of the affected wetland. As such, these areas shall be mitigated through creation of offsite wetlands at a 1.5:1 ratio (acres created and preserved: acre impacted). Permanent impacts to wetlands within streams that will be affected by construction of road crossings (see Impact B-2) shall be mitigated by creating off-site wetlands at a 1:1 ratio; these areas shall also be mitigated through preservation and management of riparian and stream habitat (see mitigation measure B-2[i]). By concurrently providing 1:1 wetland creation mitigation for such impacts, no net loss of wetlands will occur, and lost values and functions will be compensated (Table 4.4-8).

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Temporary impacts to wetlands and other waters shall be mitigated through onsite restoration as described in mitigation measure B-2(b) (HRRP), if impacts are restored within a single year, with most restoration expected to occur at the onset of the rainy season to enhance germination success (i.e., areas impacted in a given year must be restored prior to 1 March of the following year to be considered temporary and require no additional mitigation). Areas of construction access-related temporary impacts that cannot be restored prior to 1 March the following year and would remain exposed during the dry season shall be restored the following fall. Compensatory mitigation for such long-term temporarily impacted areas shall be provided at the offsite location at a ratio of 0.5:1 of wetland creation (acres created and preserved off site: acres temporarily impacted for more than one rainy season). Impact areas left unrestored for two rainy seasons shall be compensated off site at a 1:1 ratio, and additionally shall be restored on site. Temporary impacts to groundwater-fed wetlands due to hydrological interruption from a new well(s) shall be determined per mitigation measure B-3(c) and shall be mitigated off site at a ratio of 1:1 if success criteria are met and the wetlands are restored to pre-Project function within three years of the date of well construction. If functions and values are lost for more than three years, the impacts shall be considered permanent, and compensatory mitigation shall be provided at a 2:1 ratio (Table 4.4-8). Permanent impacts to any streams fed by such wetlands shall be mitigated as per mitigation measure B-2(i). Table 4.4-8 below provides a summary of the various mitigation ratio requirements for each impact type. The permanent protection and management of the constructed mitigation wetlands shall be ensured through an appropriate mechanism, such as a conservation easement granted to a public or private entity authorized by Section 815.3 of the California Civil Code to acquire and hold conservation easements, deed restriction, or fee title purchase.

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Table 4.4-9 Mitigation Ratios for Wetland Impacts (Ratios to Be Applied to Actual Impacts Determined from Construction Plans and Well Monitoring) Mitigation Ratio (Acres Created Impact Type Wetland Type and Action and Preserved to Acres Impacted) Permanent fill Seasonal wetland and perennial marsh impacts due to fill 2:1 placement and loss (including panel footing areas) Permanent shading Seasonal wetland impacts from solar panel shading and 1.5:1 placement (not including panel footing areas) Permanent fill for In-stream wetland impacts from 1:1 road crossings road crossing construction Temporary access Seasonal wetland and perennial (unrestored for marsh impacts from construction longer than one access not restored before 1 0.5:1 rainy season) March of year following impact (but restored before two rainy seasons) Temporary access Seasonal wetland and perennial (unrestored for more marsh impacts from construction 1:1 than two rainy access restored after two rainy seasons) seasons Temporary Groundwater-fed wetlands dewatering (less temporarily dewatered by new 1:1 than three years) construction wells for three years or less Permanent Groundwater-fed wetlands dewatering (greater temporarily dewatered by new than three years) construction wells for more than 2:1 three years, or failure to meet success criteria after three years following construction of well

A project-specific Wetland Mitigation and Monitoring Plan (WMMP) shall be prepared by a qualified restoration ecologist and shall include, at a minimum, the following information:

1. wetlands and waters impacts summary (as described by MM B-48 and this measure) and habitat mitigation actions; 2. goals of the restoration to achieve no net loss; 3. a map depicting the location of the mitigation site(s) and a detailed description of existing site conditions; and 4. a detailed description of the mitigation design, including: 5. location of the new wetlands; 6. proposed site construction schedule;

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7. description of existing and proposed soils, hydrology, geomorphology, and geotechnical stability, as well as results of applicable soils testing conducted at the mitigation site; 8. a detailed description of the steps required for site preparation and a conceptual grading plan—a formal package for plan sets, specs, and estimates for the grading and mitigation construction work shall be prepared based on the concepts set forth in the WMMP no fewer than fifteen days prior to starting work at the mitigation site; 9. a description of recommended soil amendments and other site preparation; 10. development of a planting plan including details on plant procurement, if necessary, propagation, allowable species for seeding and relative pounds/acre, and application; 11. maintenance plan for the created wetlands and riparian plantings; 12. a description of specific monitoring metrics, and objective performance and success criteria, such as delineation of created area as jurisdictional wetland per USACE methods within five years of construction, minimum riparian tree and canopy cover measures in the enhanced stream reaches within ten years of restoration, and others; 13. monitoring methods for vegetation and soils, and measures stipulating quantitative monitoring to occur once per year for at least five years following construction of the wetlands or until success criteria are met; 14. a list of reporting requirements and reporting schedule; and 15. a contingency plan for mitigation elements that do not meet performance or final success criteria within five years for created wetlands and ten years for riparian enhancement; this plan shall include specific triggers for remediation if performance criteria are not being met and a description of the process by which remediation of problems with the mitigation site (e.g., presence of noxious weeds) shall occur.

Mitigation Timing: The applicant shall obtain County approval of the location of mitigation lands, the holder of conservation easements, and the restrictions contained in the easement(s) created for the permanent protection of these lands. Documentation of recorded easement(s) shall be submitted to and approved by the County consistent with the timing outlined in mitigation measureB-1(a). Monitoring: Monitoring for wetland mitigation shall be consistent with the monitoring conditions outlined in mitigation measureB-1(a)

Significance After Mitigation. With implementation of the above mitigation measures, impacts would be reduced to a less than significant level.

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Impact B-4 Implementation of the proposed project could interfere substantially with the movement of native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites. This impact would be Class II, significant but mitigable.

San Joaquin Kit Fox Movement. Based on an analysis of wildlife corridors conducted by Penrod et al. (2010) the project site does not occur within a kit fox satellite population or within an identified wildlife movement corridor. However, the project site is located within occupied San Joaquin kit fox habitat that lies to the west of a habitat linkage between the Western Kern core population and the Salinas Valley satellite population, a linkage identified as essential to the recovery of the San Joaquin kit fox according to the Recovery Plan for Upland Species of the San Joaquin Valley, California (USFWS, 1998). Penrod et al.’s (2010) regional corridor analysis identified three “target areas,” or core areas identified as endpoints that connect core populations. In this instance, the endpoints identified are the Carrizo Plain (at the south end of the species’ range) and three locations to the north. The three northern locations, which support stable populations of kit fox, are the Salinas River Watershed, the Palo Prieto/Cholame Valley, and Western Kern County (Antelope Valley) (see Figures 9 and 10 in Appendix E.1). The project is located within the Palo Prieto/Cholame Valley target area.

Based on the habitat parameters they evaluated, Penrod et al. (2010) described the habitats within the portion of the Cholame Valley where the project site is located as relatively large areas of medium-high suitability, interspersed with small to large patches of moderately suitable (medium) or unsuitable (low) habitat. The portion of the Cholame Valley that includes the Access Road was identified as having a medium-high degree of suitability.

The habitat characteristics on which the Penrod et al. analysis was based were vegetation (weighted at 50%), terrain ruggedness (25%), and vegetation density (25%). On the project site, habitat was identified as having a medium to low degree of suitability, due to steeply sloped areas (such as the mountains bordering the east edge of the project site and the steep slopes separating the project site from the valley floor) and areas dominated by riparian or oak woodland habitats (with high vegetation density). The portions of the project site within the SDA are within areas identified as having a medium to high degree of suitability, because of the open grassland occurring across broad areas of low topographic relief. While the northern portions of the project site are beyond the northern limit of the Penrod et al. (2010) study area, these areas within the project site also contain habitat that would be characterized as having a medium to high degree of suitability for kit fox according to the criteria used by Penrod et al. (2010).

The addition of habitat “patch” size as a habitat characteristic would affect the analysis of habitat suitability. The areas within the Solar Generating Facility Area and Utility Corridor, predominantly annual grasslands (suitable vegetation), have a low to moderate degree of ruggedness, and have relatively low vegetation density (e.g., are not riparian or oak woodland): all suitable habitat characteristics. Likewise, the areas that would be affected by the development of the southern portion of the Access Road are dominated by annual grasslands with a very low degree of terrain ruggedness and low vegetation density: again, all characteristics of suitable kit fox habitat.

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Suitable habitats for kit fox within the Cholame Valley floor, where the Access Road and Utility Corridor occur are contiguous with relatively large areas of suitable habitat. The patches of suitable habitat on the Solar Generating Facility Area are isolated to a degree due to expanses of unsuitable habitat (steep slopes) that surround the project site. Consequently, kit fox numbers and use of the Solar Generating Facility Area is likely to be low (except possibly during periods of higher population numbers), consistent with survey efforts to date. Nonetheless, these patches remain important for kit fox movement.

In their five-year review (completed in 2007), the USFWS concluded that the range of the kit fox appears to be similar to what it was at the time the 1998 Recovery Plan was prepared. Population structure, however, has become more fragmented, at least within resident satellite subpopulations, and portions of the range now appear to be frequented by dispersers rather than resident animals (USFWS, 2007). Consequently, connections between core and satellite populations are increasingly important. In the Salinas-Pajaro subpopulation, occupying portions of Monterey, San Luis Obispo and San Benito counties, USFWS (2007) concluded that kit fox have been extirpated form Fort Hunter Liggett, are potentially extirpated from Camp Roberts, and kit fox abundance appears to be below detection levels in much of San Luis Obispo County outside of the Carrizo Plain (Moonjian, 2007). Additional regional projects that have the potential to affect kit fox linkages and movement corridors include oil and gas development (including hydraulic fracturing) in western Kern, San Luis Obispo, and Monterey counties, sand and gravel mining activities in areas such as the Salinas River Watershed in northern San Luis Obispo County, utility-scale solar developments in western Kern and Fresno counties, and San Luis Obispo County, and land conversion in western Kern, Fresno, San Luis Obispo, and Monterey counties associated with agricultural practices. For instance, range land conversion to other farmland uses in Monterey County from 2008 to 2010 encompassed 2,672 acres (California Department of Conservation, 2013), although still representing less than 1% of the range lands inventoried during that same period, Crous et al. (2007) reported that the rates of range land conversion are rising.

Impact Significance for San Joaquin Kit Fox Movement. CDFW has expressed that a recovery objective for San Joaquin kit fox is to conserve natural lands around the edges of core and satellite populations. Due to the project site’s adjacency to an important habitat linkage between the Western Kern core population and the Salinas Valley satellite population, its potential to affect kit fox (Impact B-1), and the cumulative threats to kit fox movement in the region, the project has the potential to interfere substantially with the movement of San Joaquin kit fox in an important habitat linkage. Therefore, this impact would be considered Class II, significant but mitigable.

Mitigation: Implementation of MMs B-1(b, h, i and j) would reduce interference with the movement of San Joaquin kit fox in an important habitat linkage to less-than-significant levels by avoiding and minimizing impacts on the species and its habitat and by compensating for unavoidable impacts through the preservation and management of suitable linkage habitat for the species consistent with mitigation measureB-1(j). No further mitigation is required.

Tule Elk Movement. The project does not overlap any core populations or established Target Zones for the Tule elk, and the species has not been documented east of Cholame Valley Road in the immediate vicinity of the project (Penrod et al., 2010). The Cholame Valley subherd

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is located west of Cholame Valley Road approximately 5 miles west of the Solar Generating Facility Area and 2 miles west of the Access Road. The project site is located within a “habitat patch”, defined as an area of contiguous suitable habitat needed to support at least one male and one female, but less than a potential core area (Penrod et al., 2010). However, based on the landscape permeability threshold, Penrod et al. (2010) determined that the land area encompassing the project site does not fall within any of the important least-cost corridors (approximately 12 miles wide) between the Cholame Valley subherd and the larger California Valley and Carneros Rocks core populations and associated subherds. The study further identified a narrow branch of less permeable, high-cost corridor along Cholame Valley Road separating the Cholame Valley subherd from the project site (Penrod et al., 2010).

The primary potential effects of the project on Tule elk movement would be disturbance and potential collisions associated with increased traffic on the Access Road. The existing dirt road, within the future access road alignment, currently serves two ranching operations, and public access to the road is restricted. Increased traffic along the Access Road would occur during construction, due to deliveries and the ingress/egress of Project construction personnel; however, it would be minimized through required use of shuttles. Although a risk of collisions with vehicles would exist during construction, the risk is minimized by restricting Project vehicle speeds on the access road to 25 MPH during the day and 10 MPH at night (mitigation measure B-1[ff]). Following construction, traffic would return to near current levels, and would not be expected to adversely affect Tule elk movement.

Impact Significance for Tule Elk Movement. The project site does not overlap any core populations or established Target Zones for the Tule elk. The project would also not be located in an identified least-cost corridor between the Cholame Valley subherd and the larger California Valley and Carneros Rocks core populations and associated subherds. Following development of the project, the Cholame Valley subherd would remain connected these southern core populations and subherds by existing 12-mile-wide movement corridors. The project would not result in a significant impact on Tule elk movement or movement corridors. Therefore, this impact would be considered Class III, less than significant.

Pronghorn Antelope Movement and Calving Grounds. The project site does overlap highly suitable habitat for pronghorn within an identified core population located in the Cholame Valley Target Zone for the species (Penrod et al., 2010). The project would permanently impact up to 2,033.6 acres of this habitat; however field surveys indicate this habitat is not currently occupied by pronghorn. The project site is also located at the northern end of an identified least-cost movement corridor providing connectivity with pronghorn herds in the Carrizo Plain (Penrod et al., 2010). Portions of the Access Road pass through occupied pronghorn habitat, and therefore, the project could affect pronghorn movement between the Cholame Valley and the Carrizo Plain. During construction, ground‐disturbing activities, such as solar panel installation and construction and grading and use of the Access Road, could interfere with pronghorn movement. Construction could also affect pronghorn in adjacent habitats by interfering with movement patterns or causing individuals to temporarily avoid areas adjacent to the construction zone. Because construction is anticipated to occur for up to 18 months, there is a high likelihood that pronghorn use along the Access Road and adjacent areas would be adversely affected. Traffic along SRs 41 and 46 and along the access road would also increase. However, traffic would be relatively minimal once construction is complete.

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After construction, access by pronghorn into or through the project site would be restricted by a security fence. The primary function of the fence would be to prevent human trespass; therefore, the physical characteristics of the fence would also restrict access by pronghorn, which require sufficient room under fencing to allow passage (Byers, 1997; Yoakum, 2004).

Although portions of project site (specifically the SDA areas) would be fenced, no contiguous security fence would be erected around the entire project site. This design would result in open space between fenced areas, particularly near areas with sensitive resources such as Cottonwood Creek. Berger et al. (2006) reported reduced use or abandonment by pronghorn in Wyoming of areas containing less than approximately 600 acres of contiguous habitat, and reported that pronghorn consistently avoided areas within approximately 300 feet of gas wells (Berger et al. 2006). Based on these observations of pronghorn avoidance of infrastructure and their response to reductions in habitat patch size, pronghorn would be expected to avoid the smaller areas of unfenced habitat between the solar development areas. In the northwest portion of the project site, three unfenced spaces between SDAs would range in width from approximately 150 feet to approximately 530 feet (Figure 8). These unfenced spaces would be linear and narrow (less than 300 feet wide), or would be configured in a manner that would restrict visibility through the patch. Given these characteristics, pronghorn, which prefer open terrain with few barriers, have a reduced likelihood of using these unfenced spaces as corridors through the project site.

Three additional unfenced spaces between SDAs would be located in the eastern portion of the project site. The widths of these spaces would range from approximately 310 feet to 1,300 feet (see Figure 4.4-X). The space with the smallest width (approximately 310 feet) would be short in length, and pronghorn may use it after construction as a corridor or for foraging. The widths of the remaining two spaces would range from approximately 920 feet to approximately 1,300 feet; pronghorn would be expected to use these corridors through the project site. No new fencing would be installed along the Access Road or Utility Corridor; therefore, movement of the pronghorn herd would not be impeded by access road and utility improvements.

A further impact could result from construction activities that occur near pronghorn calving grounds during the calving season. These activities could cause increased mortality for the young if noise or human presence frightens female pronghorns with calves and separates them from their calves.

Impact Significance for Pronghorn Antelope Movement and Calving Grounds. Project construction activities and the placement of permanent structures associated with the SDAs (including fencing) in the northwestern portions of the project site (where pronghorn are less likely to use the unfenced movement corridors), would substantially interfere with pronghorn movement between the Cholame Valley and the Carrizo Plain. Construction along the Access Road may also interfere with successful calving, degrading a potential native wildlife nursery habitat. Because of the regional rarity of pronghorn, interference with their movement and degradation of potential calving grounds would be significant. Therefore, this impact would be considered Class II, significant but mitigable.

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Pronghom Corridor Widths Source: H.T. Harvey and Associates, Element Power , 2014 Figure 4.4-12 County of Monterey California Flats Solar Project EIR Section 4.4 Biological Resources

Mitigation. Habitat compensation for San Joaquin kit fox and other upland species (mitigation measure B-1[j]) would mitigate for impacts of the project on pronghorn. In addition, implementation of the measures listed below would minimize impacts on calving grounds and reduce interference with the movement of pronghorn to less-than-significant levels.

Mitigation Measures. The following mitigation measures are required:

B-4(a) Pronghorn Calving Ground Avoidance and Minimization. Disturbance of pronghorn calving grounds shall be avoided to the extent practicable. No pronghorn calves have been observed on the project site to date. Preconstruction surveys for calving pronghorn shall be conducted within the calving season (1 April through 30 June), and if calves are detected, a 0.25-mile limited activity buffer shall be established to ensure that the calves and doe are not distressed. The buffer distance may be modified in consultation with CDFW. The buffer shall be flagged with material highly visible to construction personnel, and maintained as necessary. Construction may resume within the buffer when directed by the qualified biologist.

Mitigation Timing: The applicant shall submit documentation to the County and CDFW that either no calving pronghorn were present on the site at the time of preconstruction surveys, or that all avoidance measures have been implemented for avoiding impacts to calving pronghorn. Monitoring: The County shall ensure that the applicant is in compliance with impact avoidance and mitigation measures relating to pronghorn calving.

B-4(b) Pronghorn-Friendly Fence Design. As part of the management of mitigation sites required in mitigation measure B-1(a), new pronghorn-friendly fencing shall be installed to improve the movement of pronghorn both on and through mitigation sites where applicable. This requirement shall not apply to existing fencing or fencing installed to preclude cattle from sensitive resources such as restored or protected wetland or riparian habitats. The HMMP (mitigation measure B-1[b]) for these sites shall contain the following requirements: 1. Identification of likely and feasible pronghorn movement pathways on the mitigation sites; 2. Removal of nonessential fencing on the mitigation sites where not in conflict with adjacent land management practices; 3. Incorporation of measures to increase visibility of existing fencing (high-visibility wire, PVC covers, vinyl markers, flagging, etc.), as appropriate; 4. Incorporation of fencing modifications, where not in conflict with adjacent land management practices, such as replacing barbed wire with smooth wire on the lower and possibly upper wires of the fence), designed to enable movement by

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pronghorn through the likely and feasible pathways on mitigation sites; 5. Placement of fencing at potential risk areas to encourage movement away from dangerous roads; and 6. A schedule for implementing the above measures and financial assurances to implement the required enhancement.

Mitigation Timing: The applicant shall submit documentation that to the County and CDFW that pronghorn-friendly fence design has been incorporated into the HMMP prior to issuance of a grading permit. Monitoring: The County shall ensure that the applicant is in compliance with impact avoidance and mitigation measures relating to pronghorn movement.

Significance After Mitigation. With implementation of the above mitigation measures, impacts would be reduced to a less than significant level.

Impact B-5 Implementation of the proposed project could conflict with local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance. This impact is Class II, significant but mitigable.

The project conforms to the requirements of the Monterey and San Luis Obispo County General Plans, including the Conservation Elements of these documents. See the Land Use Section and Land Use Consistency Analysis (Denise Duffy & Associates, Inc. 2013d) for additional information.

The SR 41 improvement areas and a portion of the access road occur within San Luis Obispo County. The San Luis Obispo County Department of Planning and Building has worked with CDFW to ensure that impacts on San Joaquin kit fox habitat from project activities occurring within the County limits are reduced to a less than significant level before County permits or approvals are issued. In coordination with CDFW, the County has developed kit fox mitigation measures, and has published an informational brochure titled A Guide to San Luis Obispo County San Joaquin Kit Fox Mitigation Procedures for the CEQA to assist project applicants. The mitigation measures apply only to projects less than 40 acres located within kit fox habitat when no kit foxes are present. This does not apply to the Access Road because kit foxes are present in these areas (and mitigation for kit fox is addressed separately).

Monterey County Oak Protection Ordinance. Although the vast majority of the project impact area supports grassland habitats, small areas of native woodland habitats, including mixed oak woodland and riparian oak woodland, occur scattered along drainages and the slopes along the periphery of the project site (no woodland habitats occur in the Access Road or Utility Corridor areas). Additionally, several areas of planted, ornamental, non-native woodland are located in the project site. These habitats may be impacted by the project, although no native tree removal is planned or anticipated (see also Impact B-2: Riparian Habitats and Streams).

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Oaks are protected by the state and by south Monterey County ordinances, including Section 21.64.260 of Title 21 of the Monterey County Zoning Ordinance. Other species of native trees, such as cottonwood and willows, are protected by this ordinance in some areas of Monterey County, but they are not specifically protected in the project site, as would be specified by the South County Plan Area General Plan. Nevertheless, the project would not involve removal of non-oak native trees.

The majority of oak trees in the native woodlands on the project site are large, mature trees that would meet the definition of “landmark trees” under the Monterey County Zoning Ordinance. In contrast, most of the non-native trees proposed to be removed by the project (in the non- native ornamental woodland stands) are small or young trees, often in poor health or even dead. One of the ornamental stands is composed solely of tree of heaven, which is listed by the Cal-IPC on the state inventory of invasive species that cause negative impacts to natural ecosystems. Although they provide vertical structure and a small amount of shade, the non- native trees on site provide much lower quality woodland habitat than the native woodlands.

Project-related impacts to trees on the project site could include inadvertent, permanent loss of trees if individual oaks are damaged by canopy trimming (not expected for native trees), root trimming, utility trenching or directional boring under riparian drainages, soil compaction from construction access activities, or root suffocation by fill or soil placed within the driplines of oaks. If construction activities or equipment start a fire, this could also damage trees outside the area expected to be subject to direct impacts. Increased dust near construction activities, which could coat leaves and inhibit photosynthesis, would be avoided through implementation of construction best management practices (mitigation measure B-1[ff]). Increased erosion and sedimentation from the project, which could also affect oak trees adjacent to the project impact area, would be avoided through implementation of erosion and sedimentation measures (see Section 4.9 Hydrology). Indirect impacts caused by the spread of weeds that would degrade the herbaceous habitats surrounding trees, possibly increasing their risk of being damaged by fire, would be avoided through implementation of the PVIMP (mitigation measure B-2[c]).

Impact Significance for Oak Trees. Removal of trees within the ornamental tree stands, where trees tend to be smaller, non-native, and in some cases invasive, is less than significant; however, inadvertent removal of oak trees by the project would be significant because it would conflict with a local plan or ordinance. Therefore, this impact would be considered Class II, significant but mitigable.

Mitigation. Implementation of the mitigation measure B-2(d) and the mitigation measures below would reduce potential oak impacts to a less-than-significant level.

Mitigation Measures. The following mitigation measures are required:

B-5(a) Oak/Riparian Tree Protection Zone. Impacts to native trees at risk of being damaged by Project activities shall be avoided and minimized through the establishment, in consultation with an ISA-certified arborist, of Tree Protection Zones (TPZs) that include at least a 25-foot buffer around oak driplines within 25 feet of project disturbance areas. The health and stability of trees is best

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protected by minimizing impacts to root systems. Such impacts are typically caused by vehicles, heavy equipment, foot traffic, and stored materials. For all retained trees, the minimum TPZ shall be defined as the area within the tree’s dripline, unless incursions within the dripline are specifically reviewed and approved by the ISA-certified arborist. Around each tree or group of trees to be preserved in or next to an impact area, highly visible flagging or fencing shall be erected along the approximate dripline(s) of such protected trees to define the construction boundary and create a TPZ for trunks and roots. Within TPZs, work shall be limited as follows: 1. No storage of equipment or construction materials, parking of vehicles, or operation of equipment shall be permitted within the TPZ unless specifically reviewed and authorized by the ISA-certified arborist. Additional protective measures, such as use of fabric overlain by six inches of wood chips, shall be used to protect the affected rooting areas within the TPZ. 2. No soil shall be removed from within the dripline of any tree, and no fill of additional soil shall exceed two inches within the driplines of trees, unless it is part of approved construction and is reviewed by an ISA-certified arborist. Because trees are sensitive to the addition of fill, excavated material shall either be removed from the site or retained at least one foot away from oak trunks and from as much rooting area as is feasible. 3. Bark injury caused by equipment or materials shall be prevented by the protective fencing described above. 4. Roots exposed by excavation shall be pruned and recovered as quickly as possible to promote callusing, closure, and healthy regrowth. Where excavation occurs within TPZs, the following root-severing procedures shall be followed during excavation and trenching unless otherwise approved by an ISA-certified arborist: gently expose and cleanly sever roots one foot farther from the tree than the final limit of grading, then hand-dig the final foot of width. Roots are then cleanly pruned to the side wall of the excavation with a saw, sawzall, narrow trencher with sharp blades, or clippers. Hydraulic or pneumatic excavation technologies that expose and minimize damage to roots may be used. Exposed roots shall be draped immediately with at least two layers of untreated burlap or carpets, secured to cover the excavated surface to a depth of 3 feet. Burlap or carpeting (or temporary fill) shall be soaked nightly and kept in place until the excavated surface is backfilled and watered. 5. All tree work shall be guided by an ISA-certified arborist, and work shall be completed by qualified tree service personnel. 6. Oaks shall not be trimmed during periods of rapid growth in the spring and early summer, to prevent growth of deformed “witches brooms.”

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7. Where trees are removed within 15 feet of retained trees, roots of the removed tree shall be severed by grinding the stump to grade or slightly below grade, rather than excavating the stump. If grinding is infeasible, sharp vertical cuts shall be made at the limits of approved excavation before pushing over or excavating the root wad and trunk. 8. Special construction methods that minimize root loss may be necessary to permit healthy retention of certain trees, as identified in the final Forest Management Plan (FMP; Appendix E5) developed for the project. These measures may include, but are not restricted to, minimizing native soil excavation or using forms to retain subgrade and surfacing slightly above the existing soil surface. Posts or caissons shall be attached to retention structures, including forms, in place of continuous structures. 9. Semipermeable surfaces shall be used wherever feasible for proposed road, parking, or walkway surfaces that cross the roots of trees. 10. Wood chips or other mulch shall be applied to TPZs within 15 feet of construction activities; however, chips and mulch shall not be left mounded against tree trunks. 11. In addition to any measures required by local authorities or the California Department of Forestry and Fire Protection, the project Proponent shall: a) maintain spark arresters on gasoline-powered equipment; b) control fuel accumulation in drought-tolerant landscapes through managed grazing; and break up and clear away any dense accumulations of dead or dry underbrush or plant litter, especially near landmark trees in the project area.

Mitigation Timing: The applicant shall submit documentation to the County that an ISA-certified arborist has been contracted to develop TPZs prior to issuance of a grading permit, and submit documentation of ISA-certified arborists monitoring of any project activity within TPZs. Monitoring: The County shall ensure that the applicant is in compliance with impact avoidance and mitigation measures relating to protected trees.

B-5(b) Oak/Riparian Tree Mitigation. Native tree loss is not anticipated to occur. However, if the project results in unavoidable or inadvertent loss of protected trees, as identified by the ISA- certified arborist during monitoring of work within any TPZ (see also mitigation measure B-5[a]), the project Proponent shall replace the lost protected trees (native trees 6 inches or more in diameter at breast height) at a 3:1 ratio (replacement trees: removed trees). Mitigation plantings may be integrated with the

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mitigation of impacts to riparian woodlands and oak woodlands on the project site. Replacement trees shall be chosen to correspond to the habitat impacted by the tree removal; for example, valley oaks and blue oaks may be planted to replace trees removed from mixed oak woodlands or riparian oak woodlands, and cottonwood or willow may be planted to replace trees removed from willow-cottonwood riparian woodland. Individual planting locations shall be predetermined and mapped by a qualified restoration ecologist. Oak, cottonwood, and willow replanting stock shall be grown from native seed stock gathered within 25 miles of the project site. The removal of oak trees shall be further mitigated by preserving existing mature oak woodland at a 2:1 ratio (canopy preservation area: canopy removal area).

Mitigation Timing: The applicant shall submit documentation to the County that either no protected trees were impacted during Project activity or that a qualified restoration ecologist has been contracted to identify mitigation planting species and locations. Monitoring: The County shall ensure that the applicant is in compliance with impact avoidance and mitigation measures relating to protected trees.

Significance After Mitigation. With implementation of the above mitigation measures, impacts would be reduced to a less than significant level.

c. Cumulative Impacts. A description of the cumulative analysis methodology and development scenario, including proposed development in the South County Planning Area and other solar projects that would affect similar resources, is included in Section 5.0, Cumulative Scenario and Methodology, of this EIR.

Geographic Extent. The geographic scope of this cumulative impact analysis includes the interior coats range within Monterey and San Luis Obispo Counties, including the Cholame Valley, Cholame Hills, Temblor Hills, Carizzo Plain, and portions of the Diablo Range, which encompasses roughly 10,000 square miles. This geographic extent is appropriate for the issue area of Biological Resources as it represents a contiguous extent of roughly similar habitats with some potential to support one or more of the sensitive biological resources identified as having some potential to occur within the Solar Generating Facility Area, Access Road and Utility Corridor, and can be reasonably assumed to have some direct or indirect genetic linkage with individual plants and animals that would occur within one or more of the project components. Although many of the species that have potential to occur within the various project components have ranges that exceed the geographic extent of this cumulative analysis, it is reasonable to assess cumulative impacts on a local or regional population. If impacts are determined to be less than significant on a local or regional population, then it follows that there would also be no significant impacts to the overall population of that species. Furthermore, analyses of wide-ranging species over a very large geographic area would have inherently higher margins of error, and the results would be consequently less reliable. Assessing cumulative impacts within a geographic range that

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reasonably accounts for local populations, and considers reasonable and foreseeable development of a region, will provide the most reasonable conclusions.

Cumulative Impact Analysis. The cumulative projects list presented in Table 5.1 in Section 5.0 (Cumulative Scenario and Methodology) includes projects within the Cholame Valley area and Monterey County, as well as proposed solar projects within the region. For the purposes of the cumulative analysis on biological resources, based on the size and or location of the projects included in Table 5.1, most would result in few or no relevant impacts to biological resources in the context of this cumulative analysis. Therefore, this analysis focuses specifically on other renewable energy projects in the region, specifically solar development in the Carizzo Plain. The solar projects noted in this table include the Topaz Solar Project and California Valley Solar Ranch, which are both located in the Carizzo Plain approximately 40 miles southeast of the proposed project site; the Recurrent Energy Tranquillity Solar Project, located approximately 50 miles north of the proposed project site; and the Panoche Valley Solar Farm project, located approximately 62 miles north of the proposed project site. The Panoche Valley and Tranquillity projects are outside the reasonable bounds for this regional analysis; however the solar projects located within the Carizzo Plain south of the project site have the potential to impact a similar suite of biological resources within the same region as the California Valley solar project.

Proposed solar development within the Carizzo Plain area combined with other solar development in the region (including the proposed project) does have the potential to result in cumulative impacts to sensitive species, especially high risk species such as the San Joaquin kit fox and blunt-nosed leopard lizard, particularly if suitable mitigation were not employed to offset and mitigate potential impacts. The proposed project occurs predominantly on moderately disturbed lands dominated by California annual grassland, but also includes a range of other native and sensitive communities including several wetland features. The project site is located in Cholame Valley and does not occur within identified critical habitat, known core populations, or critical wildlife movement corridors for any of the special status species, including the most critically sensitive species such as San Joaquin kit fox, giant kangaroo rat, Swainson’s hawk, California tiger salamander, California red-legged frog, or any federal or state listed branchiopods or plants. Wildlife movement corridor are of particular importance for conservation and management of imperiled species including San Joaquin kit fox, as well as other species such as pronghorn antelope and Tule elk that are actively managed by state and or federal agencies. Cumulative impacts to wildlife movement can be significant if critical wildlife movement corridors or other habitat linkages are blocked, isolated, or otherwise negatively affected by project development.

Proposed mitigation to address potential impacts to these species includes compensatory mitigation and the preservation of conservation lands in the immediate region of the project. This compensatory mitigation has the potential to reduce potential cumulative impacts by offsetting project impacts on low quality habitat with conservation lands in high quality habitat and within critical regions for habitat connectivity, especially if compensatory mitigation is conducted consistent with the USFWS Recovery Plan for Upland Species of the San Joaquin Valley. By preserving lands specifically designed to provide critical migratory and dispersal corridors for species such as the San Joaquin kit fox, project mitigation can significantly reduce potential cumulative impacts to less than significant.

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Compliance with applicable federal, state, and local regulations relating to preservation of sensitive species in these areas, adherence to the proposed mitigation measures outlined above for each of the specific potential impacts to biological resources, and providing compensatory mitigation consistent with the goals of the USFWS Recovery Plan for Upland Species of the San Joaquin Valley when possible would reduce cumulative biological impacts to a less than significant level. In addition, compliance with federal and state regulations and their respective permitting processes would ensure protection of sensitive habitat or mitigation for impacts to sensitive habitats.

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