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Draft Initial Study and Mitigated Negative Declaration Leo Solar Project DRAFT Initial Study and Mitigated Negative Declaration LEO Solar Project November 2019 Lead Agency: Kings County 1400 West Lacey Boulevard, Building. #6 Hanford, California 93230 Prepared for: Apex Energy Solutions, LLC 604 Sutter Street, Suite 250 Folsom, California 95630 (916) 985-9461 Prepared by: 2525 Warren Drive Rocklin, California 95677 Draft Initial Study and Mitigated Negative Declaration Leo Solar Project DRAFT MITIGATED NEGATIVE DECLARATION LEO SOLAR PROJECT Lead Agency: Kings County Community Development Agency, Kings County Government Center, 1400 West Lacey Boulevard, Hanford, California 93230 Project Proponent: Apex Energy Solutions, LLC, 604 Sutter Street Suite 250, Folsom, California 95630 Project Location: The proposed Leo Solar Project (Project) occupies ±30 acres of a 40-acre parcel located near 25th Avenue 15 miles south of unincorporated Kettleman City, California (Assessor’s Parcel Number [APN] 048-350-016- 000). The project site is situated in the unincorporated area of Kings County, California, along the Kings County/Kern County border, between California State Route (SR) 33 and Interstate 5 (I-5), approximately 0.5 mile east of 25th Avenue. The site corresponds to a portion of Section 36, Township 24 South, and Range 19 East of the Mount Diablo Base and Meridian (MDBM) of the “Avenal Gap” topographic quadrangles 7.5- minute quadrangle (U.S. Geological Survey [USGS] 2015). Project Description: The Project includes the development of up to a 5-megawatt (MW) solar photovoltaic (PV) energy generating facility and battery storage system (BESS) facility on ±30 acres of 40 undeveloped acres. The facility would consist of solar PV modules mounted on stationary fixed-tilt, ground- mounted racking or single-axis trackers and would include up to 5-MW alternating current (AC) maximum capacity, four-hour battery energy storage system. At peak production, the 5-MW solar energy storage facility would supply enough clean energy to power up to 1,250 residential homes per year. Electricity generated by the site would be sold to an electric utility purchaser or another power purchaser under a long-term contract, power purchase agreement (PPA), or via the California Independent System Operator wholesale electricity markets. The Project includes the following physical site improvement components: Installation of solar PV modules mounted on stationary fixed-tilt, ground-mounted racking or single-axis trackers; PV panel support structures; Draft IS and MND 1 November 2019 Draft Initial Study and Mitigated Negative Declaration Leo Solar Project Battery storage system enclosures; Combiner boxes, electrical inverters, and transformers; Overhead and buried electrical conduit, transmission, and collection lines; Data monitoring equipment; All-weather access road; Onsite, unpaved interior roads (i.e., drive aisles) and perimeter road conforming to Kings County Improvement Standards; and Wildlife permeable security fencing The Project requires an application for Kings County review and approval of a Conditional Use Permit (CUP) for the construction of a solar energy facility. If constructed in a single phase, up to 14 months would be needed. However, the Project may be constructed in multiple phases with timing determined by electricity market demand. The Project is anticipated to operate for a period of up to 30 years. After the estimated 30-year Project service life, the Project would be decommissioned, and the Project site returned to its pre-Project condition. Construction. Construction of the Project would require temporary containers with equipment in designated areas. The areas would be prepared with a compacted road base that would allow trucks to enter the site and deliver materials. During construction, the foundations for the racking system(s) may require the use of a pile driver. It is anticipated that the workforce during the construction period would peak at 30 employees. Operation. During Project operations, two or three offsite employees would be reserved for maintenance and would be dispatched to the site for routine scheduled maintenance and on an as-needed basis for unscheduled maintenance. Vehicles for operation and maintenance would typically include trucks such as pickups or flatbeds, as well as water trucks for solar panel washing. Large heavy-haul transport equipment may be brought to the site infrequently for equipment repair or replacement. Regional access to the Project site includes I-5, SR-33, SR-41, and SR-46, with direct access to the site proposed via a farm road accessed from 25th Avenue or King Road. Public Review Period: November 15 – December 16. Draft IS and MND 2 November 2019 Draft Initial Study and Mitigated Negative Declaration Leo Solar Project Mitigation Measures Incorporated into the Project to Avoid Significant Effects: Biological Resources Mitigation Measures BIO-1 Preconstruction Surveys for Burrowing Owl: Preconstruction surveys for burrowing owl shall be conducted by a qualified biologist. The surveys shall follow the methods described in the California Department of Fish and Wildlife’s (CDFW’s) Staff Report on Burrowing Owl Mitigation (CDFG 2012). Two surveys shall be conducted, with the first survey being scheduled between 30 and 14 days before initial ground disturbance (grading, grubbing, and construction), and the second survey being conducted no more than 24 hours prior to initial ground disturbance. If burrowing owls and/or suitable burrowing owl burrows are identified on the Project site during the survey, consultation with CDFW and the Kings County Community Development Agency (CDA) shall take place and methods listed in the CDFW’s Staff Report on Burrowing Owl Mitigation (CDFG 2012) for avoidance and/or passive relocation shall be followed. Timing/Implementation: Prior to Construction Monitoring/Enforcement: Kings County BIO-2 Preconstruction Survey for San Joaquin Kit Fox and American Badger: A preconstruction survey for San Joaquin kit fox and American badger shall be conducted between 30 and 14 days prior to the beginning of ground disturbance and/or construction activities or any Project activity likely to impact San Joaquin kit fox. The survey shall be conducted according to the guidelines listed in the U.S. Fish and Wildlife Service (USFWS) Standardized Recommendations for Protection of the Endangered San Joaquin Kit Fox Prior to or During Ground Disturbance (USFWS 2011). If San Joaquin kit fox or American badger and/or suitable San Joaquin kit fox or American badger dens are identified on the Project site during the preconstruction survey, consultation with CDFW, USFWS, and the Kings County CDA shall take place before proceeding and shall follow the USFWS guidelines for avoidance, exclusion, and/or passive relocation. Timing/Implementation: Prior to Construction Monitoring/Enforcement: Kings County BIO-3 Preconstruction Burrow Survey for Special-Status Small Mammal Species and Blunt-Nosed Leopard Lizard: Special-status small mammal and blunt-nosed leopard lizard are dependent on burrows to survive. Therefore, a preconstruction burrow survey for San Joaquin antelope squirrel, giant kangaroo rat, Tipton kangaroo rat, and blunt-nosed leopard lizard shall be conducted to determine if there are suitable burrows for these species on the Project site. The survey should be conducted by a biologist experienced in identifying small mammal burrows. The survey should consist of walking the entire Project site and identifying all burrows suitable for special-status small mammals and blunt-nosed leopard lizard. All small mammal burrows shall be marked with a Global Positioning System unit and avoided by construction. A 50-foot disturbance limit buffer will be placed around all identified small mammal burrows. The burrow and associated buffer must be avoided by construction; if avoidance of suitable small mammal burrows is not possible, Draft IS and MND 3 November 2019 Draft Initial Study and Mitigated Negative Declaration Leo Solar Project the Project shall conduct focused surveys for special-status small mammal species and blunt- nosed leopard lizard according to the accepted USFWS and/or CDFW protocols. If special-status small mammal species or blunt-nosed leopard lizard are identified on the Project site during the focused surveys, the Project shall initiate consultation with USFWS, CDFW, and the Kings County CDA to obtain the necessary incidental take permit authorizations or provided evidence that such a permit is not required before proceeding. Timing/Implementation: Prior to Construction Monitoring/Enforcement: Kings County BIO-4 Preconstruction Nesting Bird and Raptor Survey: If construction or other Project activities are scheduled to occur during the bird breeding season (February through August for raptors and March through August for most other birds), a pre-construction nesting-bird survey shall be conducted by a qualified biologist. The survey shall be completed no more than 14 days prior to initial ground disturbance. The nesting-bird survey shall include the Project site and adjacent areas where Project activities have the potential to cause nest failure. If any active nests are identified, a qualified biologist shall establish an appropriate disturbance-limit buffer around the nest using flagging or staking. Construction activities will need to be avoided within any disturbance-limit buffer zones until the nest is deemed no longer active by the biologist. Timing/Implementation: Prior to Construction Monitoring/Enforcement: Kings County BIO-5 Rare
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