NARRATIVE REPORT Sun Streams Expansion Solar Project Comprehensive Plan Amendment

Report to the Planning and Zoning Commission Prepared by the Maricopa County Planning and Development Department

Case: CPA2020001 – Sun Streams Expansion Solar Project

Hearing Date: November 5, 2020

Supervisor Districts: 4 & 5

Applicant: Sun Streams Expansion, LLC

Owners: Arizona State Land Department, West Valley I, II, III & IV LTD Partnership

Request: Major Comprehensive Plan Amendment (CPA) to change the land use designations in the Tonopah-Arlington Area Plan and the Old US Highway 80 Area Plan from Rural and Small Lot Residential to Utilities

Site Location: Generally located between the 323rd Ave. alignment to the east, 351st Ave. to the west, Union Pacific Railroad to the south, Southern Avenue to the north

Site Size: Approx. 3,221 acres

Density: N/A

County Island: No

County Plans: Tonopah Arlington Area Plan – Rural (0-1 d.u./ac.) and Old U.S. Highway 80 Area Plan - Rural (0-1 d.u./ac.) & Small Lot Residential (2-5 d.u./ac.)

Municipal Plan: N/A

Municipal Comments: Four (4) Letters – Pima County (1), City of Buckeye (1), Town of Queen Creek (1), Town of Carefree (1) – No Concerns

Support/Opposition: Five (5) Support Letters, Two (2) Opposition Letters, Three (3) Neutral Letters

Recommendation: Approve with conditions

CPA2020001 Page 1 of 11 Project Summary:

1. Sun Streams Expansion, LLC is requesting a Major Comprehensive Plan Amendment (CPA) to change the land use designations in Tonopah-Arlington Area Plan and the Old US Highway 80 Area Plan from Rural and Small Lot Residential to Utilities to allow development of a utility-scale solar project generating approximately 385 megawatts (MWs) of electricity along with battery storage. Due to the size of the project at 3,221 acres, a Major CPA is required. The applicant will subsequently be required to obtain a Zone Change with Overlay (including a precise Plan of Development) to IND-2 IUPD as part of the entitlement process within five (5) years (on a phase or for the entirety of the development). As of the writing of this staff report, the applicant has made a Zone Change with Overlay request.

2. The site is comprised of approximately 2,597 acres of contiguous ASLD land. The remainder of the site is comprised of six (6) private contiguous parcels comprising approximately 624 acres. Most properties in the immediate vicinity of the project are privately owned.

3. Nearly all land used for solar energy projects like this are developed for the large fields of solar collectors that capture the energy through photovoltaic technology. The subject site is relatively flat and allows for the development of solar energy with little or no additional grading. Washes are present on site and the applicant has committed to avoiding washes to the extent possible in conjunction with agency comments. In addition, the general area contains significant local electrical infrastructure including power generation facilities (nuclear, gas, and solar), transmission lines, substations, and switchyards.

4. Adjacent land uses include vacant, agricultural and/or rural residential uses. In addition, there are a number of other approved Comprehensive Plan Amendments for solar energy generation in the near vicinity to the proposed project site, including existing and potential future Sun Streams Solar Farms, and the Mesquite Solar Farm. The APS Redhawk substation and Hassyampa Switchyard are also nearby. The gen-tie line associated with the project will connect to the existing Chukar Substation located adjacent to the Hassyampa Switchyard.

5. The narrative asserts that the proposed development meets the Comprehensive Plan Amendment criteria in the following manner:

Whether the amendment constitutes an overall improvement to the Comprehensive Plan and is not solely for the good or benefit of a particular landowner or owners at a particular point in time.

The narrative states that the Sun Streams Expansion Solar Project will help in the furtherance of establishing Western Maricopa County as a leader in alternative energy research and development in consistency with the Comprehensive Plan’s strategies and policies to promote renewable energy production and use in the County. The project will generate tax and lease revenue for state trust beneficiaries including public schools and has the potential to provide up to 800 construction jobs with above-average wages throughout a 2-year construction period. The applicant will make efforts to hire individuals from the local area and region. Thus, the amendment constitutes an overall

CPA2020001 Page 2 of 11 improvement to the Old U.S. Highway 80 Area Plan and the Tonopah/Arlington Area Plan and is not solely for the good or benefit of a particular landowner/owners at a particular point in time.

Whether the amendment will adversely impact all or a portion of the planning area.

A. Altering acceptable land use patterns to the detriment of the plan – According to the narrative, the amendment will not alter any surrounding land uses or land use patterns as the subject property has a similar land use pattern to other large-scale solar installations and energy utility installations in the area. This type of energy production does not introduce high-intensity noise, traffic or air emissions or impact land for agricultural production. Moreover, it is situated near other solar developments and comprises a key use-sector of unincorporated Maricopa County including utilities (solar and electric generating stations), agriculture and rural-residential.

B. Requiring public expenditures for larger or more expensive infrastructure - The narrative states that the project would not require public expenditures for larger or more expensive infrastructure. The Sun Streams Expansion Solar Project shall be responsible for funding and developing any public infrastructure improvements necessary to serve the project.

C. Requiring public improvements to roads, sewer, or water systems that are needed to support the planned land uses – The narrative asserts there would be no significant increase in traffic during the operational life of the project that would require road improvements. The project would also not require the development of any additional public water resources or sewer systems on the subject property or in the area in contrast to current uses. Should public improvements be required, the Sun Streams Expansion Solar Project shall be responsible for funding and developing any public infrastructure improvements necessary to serve the project.

D. Adversely impacting planned uses because of increased traffic – The narrative indicates there would be increased traffic during the construction period (approximately 24 months) for the delivery of equipment / supplies and the commuting of the construction work force, but there would be no significant increase in traffic during the operational life of the project. The applicant included a traffic memo with their submittal; however, it will be reviewed as part of the Zone Change submittal. With a small operational staff during the project’s operating life (approximately 8 employees), planned uses overall will not be adversely impacted.

E. Affecting the livability of the area or health or safety of present and future residents – During the construction period, dust control measures shall be utilized to minimize fugitive dust generation. Air emissions will occur from construction equipment; however, long-term air-quality will improve because of the project. Additionally, the project will follow federal, state and local regulations regarding the production, use, storage, transport or disposal of hazardous materials. Therefore, the project will not affect the livability of the area or health or safety of present and future residents.

CPA2020001 Page 3 of 11 F. Adversely impacting the natural environment or scenic quality of the area in contradiction to the plan – The applicant states that the project will not significantly impact the natural environment or overall scenic quality of the area. There are key measures of responsibility that demonstrate an applicant’s commitment to avoiding adverse impacts to the natural environment and scenic quality of a site. These measures are subjective in a sense, but may include animals, plants, historical resources, scenic views and hydrology/ground disturbance.

Animals The applicant has conducted pre-construction wildlife surveys to identify habitats for creatures. The Arizona Game and Fish Department (AZGFD) has commented on the proposed project regarding measures to protect wildlife encountered on the site. Satisfaction of those comments are only required at the Zone Change with Overlay stage (where a precise Plan of Development is required). Any night lighting that is used will be directed downward and shielded in order to prevent impacts to animals relying on darkness to interpret surroundings. The applicant has also stated that transmission lines will be constructed in consultation with AZGFD to prevent electrocution of birds.

Plants The applicant will salvage or dispose of protected native plants in accordance with AAC Title 3, Chapter 3, Article 11.

Historical Resources As per State Historic Preservation Office requirements, the applicant has conducted a detailed cultural resources assessment for the site. Per comments provided by David Jacobs of SHPO, SHPO found “no historic properties affected”. The comments also stated that these comments are appropriate for a future zone change on the site.

Scenic Views The narrative indicates that the solar fields will have a low-profile and will not be located near densely populated areas. Site improvements will be in keeping with other Sun Streams projects in the area.

Hydrology/Ground Disturbance According to the narrative, hydrologic conditions will be preserved by avoiding major wash/drainage outlets to the extent possible and in accordance with agency requirements. Grading will occur at appropriate slopes associated with the project and for other appropriate facilities. The applicant does not anticipate a need for new roads.

Whether the amendment is consistent with the overall intent of the Comprehensive Plan.

The applicant’s narrative states that the request is consistent with the overall intent of the Comprehensive Plan by encouraging growth in suitable areas, developing an efficient transportation system, maintaining a healthy environment and creating a diverse economy. The applicant feels that the utilities designation is consistent with the overall intent as it contributes to energy development growth in an appropriate part of the County, does not negatively affect the local transportation system and would help

CPA2020001 Page 4 of 11 provide direct economic benefit through jobs (approximately 800 construction jobs) and ASLD lease revenue.

The extent to which the amendment is consistent with the specific goals and policies contained within the plan.

The applicant’s narrative contains a substantial list of Goals and Policies from the Old U.S. Highway 80 Area Plan and the Tonopah/Arlington Area Plan. This staff report identifies which Goals and Policies the applicant’s narrative addressed.

Old U.S. Highway 80 Area Plan

Land Use – Goal L1, Objective L1.1, Policy L1.1.9, Objective L1.4, Policy L1.4.3

Transportation – Policy T1.1.5, Policy T1.1.6, Policy T1.1.7

Environment/Environmental Effects – Goal E1, Objective E1.1., Policy E1.1.1, Policy E1.1.2, Policy E1.1.6, Policy E1.1.7, Policy E1.1.8, Policy E1.2.4, Objective E1.3, Policy E1.3.3, Objective E1.4, Policy E1.4.1, Policy E1.4.2, Policy E1.4.3, Policy E1.4.4

Economic Development – Goal ED1, Objective ED1.1, Policy ED1.1.1

Growth Areas –Objective G1.2, Policy G1.2.3

Open Space – Goal O1, Objective O1.3, Objective O1.6

Water Resources – Goal W1, Goal W2

Cost of Development – Goal C1

Tonopah/Arlington Area Plan

Land Use – Land Use Element Goal, Objective L.1, Policy L1.3, Policy L1.5, Policy L1.6, Policy L1.7, Objective L.2, Policy L2.2

Transportation – Transportation Element Goal, Objective T.1, Policy T1.4, Policy T1.6

Environment/Environmental Effects – Environment Element Goal 1, Environment Element Goal 2, Objective E1, Policy E1.1, Policy E1.2, Policy E1.3, Policy E1.5, Objective E2, Policy E2.1, Policy E2.2, Policy E2.3, Policy E2.4, Policy E2.6, Objective E3, Policy E3.1, Policy E3.5, Objective E4, Policy E4.1

Economic Development – Economic Development Element Goal, Policy ED1.7

Other pertinent information as requested by the Maricopa County Planning Department Staff.

The applicant was responsive and provided quality information as requested by Maricopa County Planning Department Staff.

CPA2020001 Page 5 of 11 2020 Aerial Map

Rural-43 Zoning Map & Surrounding Districts

CPA2020001 Page 6 of 11

Land Use Exhibit Excerpt 1 – Current Land Use – Rural & Small Lot Residential

Land Use Exhibit Excerpt 2 – Proposed Land Use - Utilities

CPA2020001 Page 7 of 11

Existing On-Site and Adjacent Zoning / Land Use:

6. On-site: Rural-43 / Vacant/Agricultural North: Rural-43 / Vacant/Agricultural with Scattered Rural Residential South: Rural-43 / Vacant/Agricultural East: Rural-43 / Vacant/Agricultural with Scattered Rural Residential West: Rural-43 / Vacant/Agricultural with Scattered Rural Residential

Utilities and Services:

7. Water: Private Well or Hauled Water Wastewater: Septic School Districts: Arlington Valley Elementary School District #47 Buckeye Union High School District #1 Saddle Mountain Unified School District #90 Fire: Tonopah Valley Fire District Police: MCSO

Right-of-Way:

8. The following table includes existing and future right-of-way* and the future classification* based upon the Maricopa County Department of Transportation (MCDOT) Major Streets and Routes Plan.

Street Name Existing R/W Proposed R/W* Future Classification* Salome Hwy 80’ (full) 130’ Minor Arterial Baseline Rd. 0-65’ (half) 65’ Minor Arterial Southern Ave. None Existing 65’(half) Minor Collector Dobbins Rd. 80’ (full) 130’ Minor Arterial 331st Ave. 0’ - 55’ (half) 65’ Minor Arterial 339th Ave. 0’ – 65’ (half) 65’ Minor Arterial 351st Ave. 0’ – 55’ (half) 65’ Minor Arterial

*Required dedication and future classification of ROW is tentative and subject to change and will be established by MCDOT during a future Plan of Development review.

Adopted Plans:

9. Old U.S. Highway 80 Area Plan: The ASLD land is designated as Rural (0-1 d.u./ac.) and Small Lot Residential (2-5 d.u./ac.). The six privately-owned parcels are designated as Small Lot Residential (2-5 d.u./ac.).

10. Tonopah/Arlington Area Plan: The ASLD land is designated as Rural or as having a density of 1 dwelling unit or less per acre (0-1 d.u./ac.).

Public Participation Summary:

11. The applicant posted the subject site and staff notified all property owners within 300’ of the site. Pursuant to state law, Staff issued enhanced notification letters to all adjacent and internal jurisdictions to Maricopa County, select state and regional agencies and CPA2020001 Page 8 of 11 Luke Air Force Base. Staff received four (4) letters from adjacent/internal jurisdictions (City of Buckeye, Town of Queen Creek, Pima County, Town of Carefree) expressing no concerns. Moreover, state agencies such as Arizona Game & Fish Department and SHPO issued comments. Those comments have been included in the attachments section and are not actionable until a future Plan of Development stage.

12. According to the Public Participations Results Report, the applicant conducted a virtual open house meeting on September 10, 2020. There were 19 citizen attendees not including staff of the applicant. The applicant received general questions related to project lifespan/decommissioning, property values, wildlife/pests, project fencing, heat increase and road use/repair. Additionally, the applicant included a summary of their citizen contacts and the manner in which they responded to those questions.

13. County Staff received five (5) support letters. The first letter was from a law firm representing the owners of the privately owned parcels that comprise 624 acres of the subject site. The support letter suggested that the project would result in increased property tax revenue, construction jobs and would provide emission-free energy to the state. The second letter was from Deanna K. Kupcik, President/CEO of the Buckeye Valley Chamber of Commerce. The letter noted that the “economic and social benefits of this project outweigh any perceived impacts”. The three other support letters from Blount, McCarthy Building Companies and Nuclear Vision LLC expressed their support for the solar development and the potential jobs/economic benefits the development could provide.

14. Staff received two (2) opposition letters. The first letter was from a Mr. Dave Masch who had concerns with the aesthetics of the site and public notification. County Staff gave process information to correct Mr. Masch’s assumptions. County Staff did not receive a reply back and forwarded the contact information to the applicant. The applicant also attempted to reach out to Mr. Masch, but were unsuccessful in receiving a reply back. Mr. Masch did not identify in his letter the location of his residence. No further communications from Mr. Masch were received. Mr. Masch was notified via his provided e-mail address of the date and time and virtual registration instructions for the Planning & Zoning Commission meeting. The second opposition letter was from Shannon and Amir Seyeden and is concerned with property value diminution. This letter came at the time of staff report finalization and was forwarded to the applicant. Staff sent the individuals an acknowledgment and information about upcoming hearings.

15. Additionally, staff was made aware of an individual potentially opposed to the project; however, Staff did not receive an opposition letter from this individual. Staff forwarded the contact information of the individual to the applicant. According to the Public Participation Results Report, the applicant contacted the individual and answered questions about the height and aesthetics of the solar panels.

16. Staff received three (3) neutral information requests. These requests did not indicate opposition and wanted more information about the project. The applicant contacted both and answered their questions. A third individual sent an information request and stated that they have questions. The individual spoke with the applicant and answered questions about the case.

Outstanding Concerns from Reviewing Agencies:

CPA2020001 Page 9 of 11

17. N/A

Staff Analysis:

18. The state and Maricopa County recognize the potential environmental and economic benefits that solar technology can provide. The Sun Streams Expansion Solar Project will use photovoltaic technology that generates energy from sun absorption. Photovoltaic technology differs from other models of solar electric generation that require vast amounts of water to cool the units. In contrast, very little water is utilized for photovoltaic technology. As a result, this development would not pose a threat to groundwater depletion.

19. Staff believes the proposed solar facility is well suited to this rural area, which requires large amounts of relatively flat land. The majority of the land is flat. Staff agrees with the applicant that the subject site is suitable due to proximity to electrical transmission lines, nearby stations and substations, and because the surrounding area is vastly undeveloped. Staff agrees with the applicant that the project will not detrimentally affect the visual quality of the area. The applicant is willing to be a good neighbor as they expressed their willingness to work with AZGFD on wildlife preservation and have already received comments from SHPO indicating that there are “no historic properties affected” on the site following a survey submitted by the applicant. Since the area is primarily undeveloped vacant land in near proximity to other existing utility-scale solar projects, staff believes there will be minimal impacts to the surrounding area.

20. Promoting the development of solar energy over the past several years in Maricopa County reinforces the County’s interest in promoting the County as an economic leader for solar development. Staff believes the Sun Streams Expansion Solar Project would add to this effort in a positive way by providing the potential for 800 temporary construction and operation/maintenance jobs. There will also be small number of long-term employment opportunities for County residents.

21. Staff believes the Sun Streams Expansion Solar Project is consistent with and meets the goals and policies of the Comprehensive Plan. Staff’s position is that this project, as proposed and as governed by the recommended conditions, represent proper long- term land use planning in the region and for Maricopa County as a whole.

Recommendation:

22. For the reasons outlined in this report, staff recommends the Commission motion for Approval, subject to conditions ‘a’ – ‘d’.

a. Development and use of the site shall be in general compliance with the narrative report entitled “Sun Streams Expansion Solar Project” dated September 28, 2020 and stamped received September 28, 2020, except as modified by the following conditions.

b. Development and use of the site shall be in general compliance with the land use exhibit entitled “Sun Streams Expansion” dated October 5, 2020 and stamped received October 5, 2020, except as modified by the following conditions.

CPA2020001 Page 10 of 11

c. The land use designation of utilities approved as part of case CPA2020001 shall be subject to the time limits set forth in the subsequent zone change.

d. The applicant is proposing to develop a photovoltaic solar electric generating facility which, pursuant to the Maricopa County Comprehensive Plan, necessitates a change in the land use designation from Rural and Large Lot Residential to Utilities. The proposal by the applicant represents a comprehensive approach to the subject property and will allow the applicant to pursue the proper entitlements pursuant to state law so that they can lawfully operate in unincorporated Maricopa County. This particular proposal is an appropriate plan for the property and is consistent with the overall intention of the comprehensive plan. However, in the event that the zone change or a zone change phase for this particular proposal is not approved by Maricopa County Board of Supervisors (BOS) within five (5) years from the date of Board approval of this comprehensive plan amendment, this amendment shall no longer be effective as the planning justification for this comprehensive plan amendment will no longer be present. In such instance, a change of the land use designation from Utilities to Rural and Small Lot Residential will occur, and all comprehensive plan land use maps shall be altered to reflect as such, because this represents superior long-range planning by Maricopa County.

Presented by: Adam Cannon, Planner Reviewed by: Matthew Holm, AICP, Planning Supervisor

Attachments: Case Map (1 page) Land Use Exhibit (reduced 8.5”x11”, 2 pages) Legal Description for ASLD Land (1 page) Narrative Report (55 pages) AZGFD Comments (2 pages) SHPO Comments (2 pages) MCESD comments (1 page) MCDOT Comments (2 pages) ADOT ROW Project Management Comments (1 page) ASLD Letter (2 pages) Town of Queen Creek Comments (1 page) Pima County Comments (1 page) City of Buckeye Comments (2 pages) Town of Carefree Comments (1 page) Support Correspondence (6 pages) Opposition Correspondence (4 pages) Neutral Correspondence (6 pages)

CPA2020001 Page 11 of 11 MARICOPA COUNTY

Application Name: SUN STREAMS EXPANSION SOLAR PROJECT Legal Description , T1N R05W 32, T1N R05W 33, T1N R05W 34, T1S R05W 04, T1S R05W 09, T1S R05W 17, T1S R05W 18 Applicant Applicant Phone/Email 303.819.3313 RANDY SCHROEDER for ENVALUE [email protected] Case Address Parcel Primary: CPA2020001

Generated October 16, 2020 13:25 PM Gross Acres: 3221 approx. Map scale 1:45,742

Supervisor District No. 4

SUN STREAMS EXPANSION SOLAR PROJECT

Maricopa County Planning & Development - Phoenix, AZ /

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! LEGAL DESCRIPTION OF SUN STREAMS EXPANSION PROPERTY SUBJECT TO ARIZONA STATE LANDS COMMERCIAL LEASE APPLICATION 03-120611

The Land referred to herein below is situated in the County of Maricopa, State of Arizona, and is described as follows:

ALL OF SECTION 32, TOWNSHIP 1 NORTH, RANGE 5 WEST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA.

THE NORTHWEST QUARTER AND THE SOUTH HALF OF SECTION 33, TOWNSHIP 1 NORTH, RANGE 5 WEST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA.

THE WEST HALF OF SECTION 34, TOWNSHIP 1 NORTH, RANGE 5 WEST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA.

THE WEST HALF AND THAT PORTION OF THE NORTHEAST QUARTER, LYING SOUTH OF THE WEST SALOME HIGHWAY OF SECTION 4, TOWNSHIP 1 SOUTH, RANGE 5 WEST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA.

THE NORTHWEST QUARTER AND THAT PORTION OF THE NORTHEAST QUARTER, LYING NORTH OF THE UPRR PROPERTY AND THAT PORTION OF THE SOUTH HALF OF SECTION 9, LYING NORTH OF THE UPRR PROPERTY, TOWNSHIP 1 SOUTH, RANGE 5 WEST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA.

THE WEST HALF OF THE EAST HALF OF SECTION 34, TOWNSHIP 1 NORTH, RANGE 5 WEST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA.

THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 1 NORTH, RANGE 5 WEST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA.

THAT PORTION OF THE EAST HALF OF SECTION 18, TOWNSHIP 1 SOUTH, RANGE 5 WEST, OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA, THAT IS SITUATED NORTH OF THE UNION PACIFIC RAILROAD. SUN STREAMS EXPANSION SOLAR PROJECT

Application for a Major Comprehensive Plan Amendment

CPA2020001

Narrative Report

Submitted by:

Sun Streams Expansion, LLC Contact: Louis De Rosa 833-367-7890 [email protected]

Submitted to: Maricopa County Planning and Development Department

Initial Submittal: May 27, 2020

Revised Date: September 2, 2020

Revised Date: September 28, 2020

TABLE OF CONTENTS

EXECUTIVE SUMMARY ...... 1 Onsite and Regional Location ...... 1 CPA Size and Description of Land Use Types by Acreages ...... 2 Roads and Transportation Systems Serving the Proposed Project ...... 3 Suitability with Surrounding Land Uses ...... 3 Proposed Use ...... 3 NARRATIVE RESPONSE ...... 5 Whether the Amendment Constitutes an Overall Improvement to the Comprehensive Plan ..... 5 Whether the Amendment Will Adversely Impact All or a Portion of the Planning Area ...... 6 Whether the Amendment is Consistent with the Overall Intent of the Comprehensive Plan ...... 7 The Extent to Which the Amendment is Consistent with the Specific Goals and Policies Contained Within the Plans ...... 7 OLD US HIGHWAY 80 AREA PLAN ...... 8 TONOPAH / ARLINGTON AREA PLAN ...... 16

Other Pertinent Information as Requested by the Maricopa County Staff...... 21

FIGURES

FIGURE 1 – Location of Comprehensive Plan Amendment FIGURE 2 – Existing CPA Area Exhibit FIGURE 3 – Existing Zoning Exhibit FIGURE 4 – Existing Land Ownership in the Project Vicinity FIGURE 5 – Roads Providing Access in the Project Area FIGURE 6 – Utility Uses in the Project Area

APPENDICES

Appendix A – Legal Description of Lands Included in the CPA Appendix B – Sensitive Species Review

NARRATIVE REPORT Sun Streams Expansion Solar Project Comprehensive Plan Amendment

This narrative report addresses the required information to support the request for a Comprehensive Plan Amendment (CPA) for the Sun Streams Expansion Solar Project (Project), a photovoltaic (PV) solar energy facility with battery energy storage located on land in unincorporated western Maricopa County near the emerging energy generation core around the Palo Verde Nuclear Generating Station (PVNGS) area. This CPA request will facilitate the future rezoning request for the Project.

EXECUTIVE SUMMARY

The Sun Streams Expansion Project is located near Old US Highway 80, about 2 miles north/northwest of the community of Arlington in an area adjacent to industrially designated land. The Project is an extension of the existing solar and energy development in the area and would cover approximately 3,221 acres including both Arizona State Trust Land (approximately 2,597 acres) and private land (approximately 624 acres). The general location is shown on Figure 1.

This application requests a Major Comprehensive Plan Amendment (CPA) to change the current land use designation in two area plans - the Old U.S. Highway 80 Area Plan and the Tonopah/Arlington Area Plan - for the entire 3,221-acre Subject Property from the current designations of “Rural Densities (0-1 d.u./acre)” and “Small Lot Residential (2-5 d.u./acre)” to “Utilities”. The lands that are the subject of this application are located within Sections 32, 33, and 34, Township 1 North, Range 5 West and Sections 4, 8, 9, and 18, Township 1 South, Range 5 West.

The proposed site for the Sun Streams Expansion Solar Project is east and north of the Sun Streams I through IV Solar projects which were approved by the Maricopa County Board of Supervisors (BOS) over the past couple of years. Figures 2 and 3 show the current planned land uses and zoning for the Sun Streams Expansion parcels and surrounding area and the Land Use Exhibit shows the land use categories that would result from approval of this CPA.

ONSITE AND REGIONAL LOCATION

The Sun Streams Expansion Project is located in a part of Maricopa County covered by two area plans: the “Tonopah/Arlington Area Plan” that was approved in 2000 and the “Old U.S. Highway 80 Area Plan” that was adopted in 2007. Prior to completion of the Old U.S. Highway 80 Area Plan in 2007, the Project area was entirely within the Arlington/Tonopah Area Plan planning area. Currently, the Arlington/Tonopah Area Plan Land Use Map covers the portions of the site north of Baseline Road and the Old U.S. Highway 80 Area Plan Land Use Map covers the southern portion of the site south of Baseline Road.

Currently, most of both planning areas remain unincorporated, with the closest municipality being the City of Buckeye. There are few residences in the general area. According to the Old U.S. Highway 80 Area Plan, the 1990 census showed a population of 800 increasing to 1,150 by the 2000 census for the

Old U.S. Highway 80 Area Plan planning area and a population of 1,792 increasing to 2,666 for the Tonopah/Arlington Area Plan planning area.

The subject property is located south of Southern Avenue, near the intersection of Salome Highway and 339th Avenue, and north of Old US Highway 80. The Subject Property is about 2.75 miles east of the PVNGS.

CPA SIZE AND DESCRIPTION OF LAND USE TYPES BY ACREAGES

Land ownership in the general area is a mix of private land, state land, and some federal land managed by the Bureau of Land Management (BLM). Most of the land in the immediate vicinity of the Sun Streams Expansion Project is under private and state ownership. Approximately 2,597 acres of the plan amendment area are state lands managed by the Arizona State Land Department (ASLD) and approximately 624 acres are private lands.

This application requests a CPA to change the land use designations of the Old U.S. Highway 80 and Tonopah/Arlington Area Plans on approximately 3,221 acres from Rural Densities (0-1 d.u./acre) and Small Lot Residential (2-5 d.u./acre) to Utilities to support a future rezoning request for the proposed facility. More specifically, the request is for:

• Approximately 2,503 acres from Rural Densities (0-1 d.u./acre) to Utilities • Approximately 718 acres from Small Lot Residential (2-5 d.u./acre) to Utilities

Figure 2 shows the current land use designations in the Sun Streams Expansion Project area as currently designated in the Old U.S. Highway 80 Area Plan and Tonopah/Arlington Area Plan. The general legal description of the land included in this CPA application is:

Township 1N Range 5W:

• Section 32 • W ½ and SE ¼ of Section 33 • W ½, SE ¼, and W ½ NE ¼ of Section 34

Township 1S Range 5W:

• W ½, part of NE ¼ of Section 4 lying south of W Salome Hwy • All of Section 8 lying north of railroad • Part of N ½ and Part of SW ¼ of Section 9 lying north of railroad • Part of NE ¼ of Section 18 lying north of railroad

A more detailed legal description of the State and private lands included in this application are included in Appendix A.

Figure 3 shows the current zoning designation for the area (RU-43).

This application is authorized by ASLD and Sun Streams Expansion, LLC (Applicant) is in the process of obtaining the necessary lease for the State parcels from the ASLD and purchasing the privately-owned parcels for the Project. Figure 4 shows the land ownership in the project area.

ROADS AND TRANSPORTATION SYSTEMS SERVING THE PROPOSED PROJECT

Access to the Project site would be provided via existing public roads. Access to the northern portion of the site would be from 331st and 339th Avenues, Salome Highway, and Baseline Road. Access to the southern portion of the site would be from Salome Highway, 355th Avenue, Elliott Road, and Dobbins Road. These roads that would provide access are shown on Figure 5. Future development of the Project, like the other existing utilities projects in the area, will have little impact on these roadways as its peak daily trips would occur during construction activities, after which there will be very few full-time workers during operations. Trip generation from the Utilities land use category and proposed utility-scale solar project would be far less than that that generated by residential development that could occur under the current designation.

SUITABILITY WITH SURROUNDING LAND USES

Most of the land in the immediate vicinity of the Sun Streams Expansion Project are private and state land. The land use in this immediate area is rural with nearby large lot residential, small lot residential, and industrial uses. The utility / industrial uses include the Palo Verde Nuclear Generating Station (PVNGS), the existing Sun Streams I solar project, the approved Sun Streams II through IV solar projects, the Southern Pacific Railroad, and the Hassayampa Switching Station, along with the associated transmission lines and other needed infrastructure shown on Figure 6. The focus of the area on electrical energy production is clearly established by the presence of these facilities as well as the supporting power transmission lines and substations in the area.

The broader area around the site includes additional rural, large lot residential, small lot residential, and utility uses including other solar projects and transmission lines, as well as agricultural and former agricultural properties some of which have been converted to open space through the conversion of water rights from agricultural use to industrial uses associated with the non-renewable power generation plants in the area. As a passive use with limited on-site staffing (once constructed), the proposed utility-scale solar project will be compatible with the other uses immediately to the west, utilizing existing electrical transmission facilities.

PROPOSED USE

The Applicant is proposing the development of the Sun Streams Expansion Project, a PV solar generation facility with energy storage and associated facilities. At this time, the Applicant estimates that the Project will generate approximately 385 megawatts (MWs) of solar generation and up to 385 MWs of battery storage. As it is planned to be built in a single phase, the Project would have this capacity for the designed 30-year lifetime of the Project. In general, the Sun Streams Expansion Project would occur on all the property identified in this application except in floodways, required setbacks, and any easements or other rights-of-way.

The individual PV modules will be mounted on single axis trackers on steel support structures that are anchored to or driven into the ground. The Sun Streams Expansion Project would electrically

interconnect via a new gen-tie line to the existing Chukar Substation located adjacent to the existing Hassayampa Switchyard.

As with most PV solar facilities, there would be limited staffing during operations, with up to 8 employees expected to visit the site daily. Traffic generation would be minimal after construction is completed and there would be limited demand for water, as encouraged by the Comprehensive Plan’s Water Resources Policy #51.

1 “Maricopa County supports low water use solar electric generating technologies’” (Page 100).

NARRATIVE RESPONSE

Below are responses to each of the Major Comprehensive Plan Amendment questions in the Comprehensive Plan Amendment Application Checklist (Checklist) that are relevant to this Comprehensive Plan Amendment request. Note that the Checklist question is provided in bold text, with the answer/response below each.

WHETHER THE AMENDMENT CONSTITUTES AN OVERALL IMPROVEMENT TO THE COMPREHENSIVE PLAN AND IS NOT SOLELY FOR THE GOOD OR BENEFIT OF A PARTICULAR LANDOWNER OR OWNERS AT A PARTICULAR POINT IN TIME

Amending the Old U.S. Highway 80 Area Plan and Tonopah/Arlington Area Plan to the Utilities Land Use designation furthers the broadly stated goals of each Plan as is described more fully in this narrative and consequently, is not solely for the benefit of a particular landowner at a particular point in time. Instead, the proposed amendment constitutes an improvement to the Comprehensive Plan and these Area Plans by revising the land use designations to align with the Plan goals. Western Maricopa County continues to experience significant utility-scale solar energy development. The Sun Streams Expansion Project will further establish Western Maricopa County as leader in alternative energy research and development consistent with the Plan that includes strategies2 and policies3 to promote renewable energy development and use in the County.

The land is not currently utilized for agricultural production and is an unlikely candidate for residential development in the foreseeable future given the lack of proximity to the necessary public infrastructure that would be necessary to facilitate such development. Further, the Utilities designation and subsequent rezoning to facilitate the solar development will, through the lease of State lands, generate needed revenue for the trust beneficiaries which includes public schools.

Nearly all the land used for the proposed solar energy project would contain large fields of solar panels that capture the energy from the sun for conversion into electricity. This would be a passive use and would require very little water and very few operational personnel and associated traffic. Its low profile would minimize effects on views / vistas of the surrounding mountains. In addition, the Project is expected to provide up to 800 jobs at peak with above-average wages during the approximately 2-year construction period. The Project would make efforts to hire from the local area and surrounding region. The Project is expected to generate tax and annual lease revenues to the State Trust beneficiaries which includes public schools in Arizona. Collectively, these factors make it compatible with the rural and rural residential uses in the area and will benefit Western Maricopa as a whole.

For the reasons described above and those described below, amending the Old U.S. Highway 80 Area Plan and the Tonopah/Arlington Area Plan to allow for the proposed use of the Subject Property for solar energy generation would constitute an improvement to each of the Area Plans and the overall Comprehensive Plan.

2 “Attract solar and other alternative energy research and development to Maricopa County.” – Strategies, Page 104 and “Encourage low water use solar electric generating technologies.” – Strategies, Page 99. 3 “Economic Growth Policy #10: Maricopa County supports leveraging its solar resource potential to attract solar- related industries and alternative energy research and development.” – Page 80 and “Water Resources Policy #5: Maricopa County supports low water use solar electric generating technologies.” – Page 100

WHETHER THE AMENDMENT WILL ADVERSELY IMPACT ALL OR A PORTION OF THE PLANNING AREA BY:

• Altering acceptable land use patterns to the detriment of the plan - The proposed amendment furthers the evolving Industrial and Utilities land use pattern emanating from the property’s proximity to the PVNGS and the U.P.R.R. as demonstrated on Figure 6. The development of this area for large-scale solar energy use will continue a very low traffic-generating land use pattern consistent with the other adjacent and nearby energy and utility uses that are already designated for Utilities as solar sites. It would also be compatible with nearby rural-density residential and agricultural uses. • Requiring public expenditures for larger or more expensive infrastructure - The proposed use would not require any additional public infrastructure that would require public expenditures. The Project is expected to generate tax and annual lease revenues to the State Trust beneficiaries which includes public schools in Arizona. While no public improvements are expected, the Project shall be responsible for funding and developing any public infrastructure improvements necessary to serve the Project. • Requiring public improvements to roads, sewer, or water systems that are needed to support the planned land uses - There would be no significant increase in traffic during the operational life of the Sun Streams Expansion Solar Project that would require road improvements by the County. The Project would also not require the development of any public water resources or sewer systems on the Subject Property or in the area. This contrasts with the road, sewer, and water systems that would be required to develop the Property under the current Residential Land Use Designations. While no public improvements are expected, the Project shall be responsible for funding and developing any public infrastructure improvements necessary to serve the Project. • Adversely impacting planned uses because of increased traffic - There would be a short-term increased traffic during the construction period (expected to be approximately 24 months) for the delivery of equipment / supplies and the commuting of the construction work force. Once construction is completed, there would be no significant increase in traffic during the operational life of the Sun Streams Expansion Project beyond what exists today because of the small operational workforce required (approximately 8 workers). This is outlined in the traffic statement included with the application. • Affecting the livability of the area or health and safety of present and future residents - The proposed use of the subject lands for solar energy generation would not impact the livability, health and safety of those individuals in the vicinity of the Sun Streams Expansion Project. It would not utilize or store hazardous materials. Any materials associated with the battery energy storage system would be contained within the system and not be regularly transported to/from the site. It would not generate significant emissions or have other potential negative effects on health and safety and could actually reduce fugitive dust emissions during operations compared to current undeveloped conditions. • Adversely Impacting the natural environment or scenic quality of the area in contradiction to the plan – Similar to the current Residential land use designations, the Utilities designation proposed will not contradict the environmental goals or scenic qualities of this area. There are no critical plant or wildlife habitats on the site or surrounding area (per data provided by AGFD and USFWS in Appendix B). As requested by AGFD, the applicant will conduct surveys for the western burrowing owl and, if present, work with the agencies to minimize impacts to this sensitive species. The proposed solar panel fields have a relatively low profile, would be located on relatively flat lands located low on the landscape, and would not be located near any densely

populated areas. The Sun Streams Expansion Project would have areas where it would be adjacent to some local public roads, but site improvements are no taller than 13 feet similar to other development in the area.

WHETHER THE AMENDMENT IS CONSISTENT WITH THE OVERALL INTENT OF THE COMPREHENSIVE PLAN

The overall intent of the Comprehensive Plan is to promote healthy communities by encouraging growth in suitable areas, development of an efficient transportation system, maintaining a healthy environment, and creating a diverse economy. The proposed Utilities designation is consistent with that overall intent as it would contribute to the growth of energy development in an appropriate part of the County, would not negatively affect the local transportation system, would not have significant environmental impacts, and would help provide economic growth directly via jobs during construction and operations, as well as by providing funding (via the ASLD lease) that supports the state’s educational system (which enhances future statewide economic competitiveness).

THE EXTENT TO WHICH THE AMENDMENT IS CONSISTENT WITH THE SPECIFIC GOALS AND POLICIES CONTAINED WITHIN THE PLAN

The Utilities designation would be consistent with many of the goals, objectives, and policies identified in both Area Plans and the Comprehensive Plan. The relevant goals, objectives, and policies contained in both current plans are listed below followed by a description of how each is relevant to the proposed use and, if so, why it would be consistent.

OLD U.S. HIGHWAY 80 AREA PLAN

Land Use

Goal L1: Promote efficient land development that is compatible with adjacent land uses, is well integrated with the transportation system, and is sensitive to the natural environment.

The amendment would be consistent with this goal as it would be compatible with adjacent uses (large lot rural dwellings, agricultural and utility-scale solar-power production), would have no long-term effects on the transportation system (minimal traffic generation), and would not result in significant effects to the natural environment as described in the sections above and below.

Objective L1.1: Encourage orderly, efficient, and functional development patterns.

The development contemplated by the amendment would complement the existing and planned development patterns in the area by further consolidating energy and utility uses and being compatible with the other primary uses in the area - utility designated lands used for solar and other forms of power generation and transmission.

Policy L1.1.9: Encourage cooperation and coordination among the Arizona Department of Homeland Security, Maricopa County Department of Emergency Management, PVNGS, and other power plants to ensure security and compatibility with adjacent land uses and associated infrastructure.

The proposed Sun Streams Expansion Project will work with Maricopa Emergency Management, PVNGS, as well as the regional utilities to ensure security and compatibility with nearby land uses and infrastructure. By encouraging utility-scale development around PVNGS, the security opportunity is enhanced by reducing residential density in the vicinity.

Objective L1.4: Preserve the scenic and where appropriate, the rural character of the Old U.S. Highway 80 planning area.

Solar energy development would not be expected to affect the visual quality of the area. The proposed PV solar panels have a relatively low profile and would be located on relatively flat lands located low on the landscape, so would not be expected to affect views of the local mountains. It would not be located near any population centers or heavily travelled roads in most areas. Because of the relatively remote nature of the site and the low profile of the proposed panels, the Project would not be expected to be visible from most areas. The proposed use would minimally significantly impact scenic quality.

Policy L1.4.3: Discourage urban commercial, residential, industrial development in rural designated areas of the Old U.S. Highway 80 planning area.

This area contains existing land uses that include several existing energy generation and transmission facilities in the area. Also, the proposed solar facility is a passive land use that would have minimal impact to surrounding properties. Energy-generation projects such as the proposed project have the potential to discourage urban-style commercial and residential uses by establishing areas of development with no density and minimal employee traffic. Also, at the end of its useful life (approximately 30 years), the facility could be decommissioned and the site transitioned to other rural land uses as appropriate at that time.

Transportation

Policy T1.1.5: Support the Maricopa County Major Streets and Routes Plan and its requirements for construction and dedication of roads.

As required by Maricopa County Department of Transportation (MCDOT), efforts to obtain land preservation for roadways would be conducted during the rezoning process for the Project.

Policy T1.1.6 Communicate and coordinate with the Maricopa County Department of Emergency Management regarding new development to ensure compatibility with PVNGS designated evacuation routes.

The proposed Sun Streams Expansion Project will work with the County Department of Emergency Management and PVNGS to ensure compatibility with PVNGS evacuation routes. Due to the low-traffic nature of the land use, the development of the Project will not contribute to congestion of evacuation routes.

Policy T1.1.7: Encourage new development within 10 miles of PVNGS to coordinate with the Emergency Planning Department at PVNGS regarding its Outdoor Warning Siren System. The installation of additional sirens may be necessary.

The proposed Sun Streams Expansion Project is within 3 miles of the PVNGS and will work with PVNGS to ensure safety and security.

Environment / Environmental Effects

Goal E1: Promote development that mitigates adverse environmental impacts on the natural and cultural environment, preserves highly valued wildlife habitat, minimizes flooding and drainage problems, and protects historical and archaeological resources.

The proposed Utilities designation would have minimal impacts to the natural and cultural environment as the ground disturbance associated with the development of a solar field would help minimize flooding and drainage issues- especially when compared with the typical development patterns associated with residential development and lot-splitting that could occur in place of a comprehensive development pattern. According to data obtained from the Arizona Game and Fish Department (AGFD) and US Fish and Wildlife Service (USFWS) included in Appendix B of this report there is no identified critical or highly

valued wildlife habitat on the subject lands. As requested by AGFD, the applicant will conduct surveys for the western burrowing owl and, if present, work with the agencies to minimize impacts to this sensitive species. Drainage and flooding patterns would be incorporated into final development plans to ensure that habitats are not negatively impacted and only minimal work will be required (i.e. for installation of crossings and minor erosion control). Based on cultural resource surveys. results of which have been provided to ASLD and the State Historic Preservation Office (SHPO), the subject lands also do not have significant historical or archaeological resources.

Objective E1.1: Encourage development that is compatible with natural environmental features.

The Property that is subject to the proposed amendment does not contain significant natural features. The most prominent natural features in the Project area are the drainage ways that cross the site and the larger of these would be avoided by development.

Policy E1.1.1: Encourage land uses and development designs that are compatible with environmentally sensitive areas such as the Palo Verde-Saguaro community, floodplains, significant washes, hillsides, protected wildlife species habitat, scenic areas, and unstable geologic and soil conditions.

The subject properties do not contain the environmentally sensitive areas listed below: • The Palo Verde-Saguaro community does not occur in the area (per Figure 12 of the Tonopah – Arlington Area Plan), • There are no hillsides (per Figure 10 of the Tonopah – Arlington Area Plan), • There is no protected wildlife species habitat (per data provided by AGFD and USFWS in Appendix B), • There are no designated scenic areas on or near the project site, • There are no unstable geologic and soil conditions – according to Figure 10 of the Old US Highway Area Plan, soils in the project area are part of the Gunsight-Rillito-Chuckawalla Association which are deep and moderately deep, moderately drained, nearly level, gravelly to extremely gravelly, loamy soils.

The site does contain larger drainages (washes with corresponding floodways) on the subject properties and these would for the most part be avoided by development.

Policy E1.1.2: Encourage building envelopes and localized grading to minimize blading and cut and fill in environmentally sensitive areas and leave the remaining portion of the lot undisturbed.

Proposed development would not occur in sensitive areas. All lands planned for development are relatively flat which will minimize necessary grading.

Policy E1.1.6: Encourage the preservation of washes in their natural state.

The largest of the washes on site would be avoided and left in their natural state to the extent possible. Development would not occur within the floodways and most of floodplains as will be detailed in the upcoming plan of development to be submitted as part of the rezoning / IUPD for Project. If any work is necessary in small parts of the floodplains, appropriate approvals would be

obtained from the Maricopa County Flood Control District and will be developed in accordance with applicable regulations.

Policy E1.1.7: Edges of major washes or rivers should remain undisturbed.

The largest of the washes on site would be avoided and left in their natural state to the extent possible as will be shown on the upcoming plan of development site plan to be submitted as part of the rezoning / IUPD for Project. Development within the floodways and most of floodplains would be avoided. If any work is necessary in small parts of the floodplains, appropriate approvals would be obtained from the Maricopa County Flood Control District.

Policy E1.1.8: Encourage property owners to consult with the Maricopa County Planning & Development Drainage Review division prior to land division to adequately plan for local washes and landforms.

The development on the Subject Property would be subject to all applicable requirements of the Drainage Review Division and Maricopa County Flood Control District and the Utilities designation will discourage the possibility of future “wildcat” subdivisions.

Policy E1.2.4: Prior to development, excavation, or grading, request that developers submit a letter from the Arizona Historic Preservation Officer stating that the proposed land development will have no effect on historical or cultural resources.

No significant historical resources are expected on the Subject Property based on cultural resource surveys. Results of these surveys have been provided to the SHPO via the ASLD as part of the ASLD leasing process. Both agencies will review the report to ensure that the proposed land development will have no effect on historical or cultural resources.

Objective E1.3: Improve air quality, water quality, and reduce noise impacts.

This proposed amendment would be expected to result in improved air quality relative to fugitive dust emissions. Air quality impacts from fugitive dust emissions from the subject lands would occur during construction but could be lessened from current conditions during operations by the development of the Project. After development of the solar field, the presence of the solar panels would reduce wind velocities at ground level and the ground surface could be treated as needed to reduce potential fugitive dust. This could also reduce the amount of fugitive dust from these lands that would affect local air quality. The Project will comply with all dust control requirements of Maricopa County. In addition, development of a solar generation project would have a net general benefit to air quality by off-setting fossil-fired energy production that it would replace.

Stormwater quality would likewise be expected to improve due to the application of stormwater management practices as part of the Project. There would be no significant noise nuisances associated with the operation of the proposed Project as it is a passive land use.

Policy E1.3.3: Discourage the construction of new dirt roads where feasible by encouraging common access that is agreed to by end users. Encourage revegetation of abandoned dirt roads.

Access to the Sun Streams Expansion site will be via existing public roads. Access to the northern portion of the site would be from 331st and 339th Avenues, Salome Highway, and Baseline Road. Access to the southern portion of the site would be from Salome Highway, 355th Avenue, Elliott Road, and Dobbins Road. These roads that would provide access are shown on Figure 5. None of these roads would be expected to require upgrades. Any roads developed within the Subject Property as part of the Sun Streams Expansion Project would be treated and managed to minimize fugitive dust as specified in an approved dust control plan that would be obtained from Maricopa County Air Quality Control. The Project is not expected to require development or improvement of access roads on neighboring private or state-owned properties. Even though the Project would not require additional public infrastructure or services, the Project is expected to generate tax and annual lease revenues to the State Trust beneficiaries which includes public schools in Arizona.

Objective E1.4: Preserve significant habitat areas for wildlife and native plant species.

There is no significant or unique plant or wildlife habitat on the Subject Property per data provided by AGFD and USFWS in Appendix B. As requested by AGFD, the applicant will conduct surveys for the western burrowing owl and, if present, work with the agencies to minimize impacts to this species. Any impacts to protected native plants will be conducted in accordance with the requirements of Title 3, Chapter 3 of Article 11 of Arizona Administrative Code regarding Arizona Native Plants.

Policy E1.4.1: Support natural drainage corridors and protective buffering techniques along significant wash systems where new development is proposed, to provide flood control, preserve wildlife corridors, and protect open space.

The Project will incorporate the avoidance and buffering of the largest of the washes on site which would be left in their natural state to the extent possible as will be shown on the upcoming plan of development site plan to be submitted as part of the rezoning / IUPD for Project. Development and placement of structures within the floodways and most of floodplains would be avoided. If any work is necessary in small parts of the floodplains, appropriate approvals would be obtained from the Maricopa County Flood Control District.

Policy E1.4.2: Encourage protection of sensitive, threatened, or endangered plant and animal species.

No critical habitats of sensitive species are known to occur on the subject lands per data provided by AGFD and USFWS in Appendix B. To ensure that no impacts to these species will occur, the USFWS and AGFD will continue to be consulted. Any impacts to protected native plants will be conducted in accordance with the requirements of Title 3, Chapter 3 of Article 11 of Arizona Administrative Code regarding Arizona Native Plants.

Policy E1.4.3: Encourage cooperation with the Arizona Game and Fish Department (AGFD} and the U.S. Fish and Wildlife Service to help prevent encroachment on riparian scrub habitat and/or channels associated with significant local wash systems.

The Applicant will consult and cooperate with AGFD and USFWS regarding the significant local washes in the area. The larger washes on the subject properties would for the most part be avoided by development.

Policy E1.4.4: Encourage the use of native vegetation replacement.

Grading and earthwork would be minimized to the extent possible. Within the solar field, existing vegetation would be treated by mowing. Mowing would cut vegetation to a height of less than 12 inches without affecting topography or below-ground root systems allowing the existing native vegetation to re-establish. In areas where the terrain is not suitable for mowing, rubber-tired tractors with disking equipment, drum rollers, and limited use of scrapers would remove vegetation and perform micro-grading, a practice known as “disk and roll.” In areas where the topography is not suitable for either mowing or disk and roll, the site would be graded using conventional equipment. Any revegetation efforts that may be needed on the subject lands would be conducted using native species.

Economic Development

Goal ED1: Promote a growing, balanced, efficient, and diversified economy, consistent with available resources, that enhances quality employment opportunities, improves quality of life, and is sensitive to the natural and cultural environment.

The proposed amendment would promote economic growth and efficiency in the area and would be compatible with the area environment and resources as discussed in the sections above.

Objective ED1.1: Encourage quality employment opportunities by supporting efforts that encourage business formation and expansion.

The Sun Streams Expansion Project is expected to provide f up to 800 jobs at peak with above-average wages during the approximately 2-year construction period for the Project. These workers would receive job training and skills that would be applicable to future similar projects. Once constructed, the facility will be mostly automated and will require up to 8 operational employees.

Policy ED1.1.1: Encourage rural type, light industrial development near Palo Verde NGS and along the railroad.

The Sun Streams Expansion Project would be a light industrial use as a utility use and would occur along the railroad and near the Palo Verde NGS and other power and transmission facilities in the area. The map change requested implements this Policy directive.

Growth Areas

Objective G1.2: Ensure that future growth is coordinated in an efficient manner with stakeholder input.

Stakeholder input regarding the proposed project will be obtained through implementation of the Public Participation Plan and as a Major Amendment, the details of this request have been routed to state and local agencies to ensure broad and coordinated input.

Policy G1.2.3: Continue to update the Old U.S. Highway 80 Area Plan with input from local organizations and area residents to determine appropriate growth areas, if any, and make changes as necessary.

The proposed amendment implements this policy as the development of Western Maricopa County has emerged as a major solar development area due to proximity to PVNGS, transmission lines and rail. Amendments to the Plan are contemplated for scenarios such as this, which have occurred over time and with input from local stakeholders.

Open Space

Goal O1: Maintain and, where necessary, encourage expanding the open space system for Maricopa County to address public access, connectivity, education, preservation, buffering, quantity, quality, and diversity for regionally significant open spaces.

The Project would maintain the natural condition of the major drainages in the area used for habitat / connectivity by wildlife. The larger drainages (washes with corresponding floodways) on the subject properties would for the most part be avoided by development.

Objective O1.3: Protect and enhance environmentally sensitive areas, including existing natural washes; steep slopes; historical, cultural, and archaeological resources; view corridors; sensitive desert; and significant wildlife habitat and ecosystems.

The subject properties do not contain the environmentally sensitive areas listed below: • There are no steep slopes (per Figure 10 of the Tonopah – Arlington Area Plan), • There is no protected wildlife species habitat (per data provided by AGFD and USFWS in Appendix B), • There are no designated scenic view corridors on or near the project site (per the Old US Highway 80 Area Plan), • The subject lands do not have significant historical or archaeological resources based on cultural resource surveys, results of which have been provided to ASLD and the SHPO

The site does contain larger drainages (washes with corresponding floodplains) and these would be avoided by development to the extent practicable as will be detailed in the upcoming plan of development site plan to be submitted as part of the rezoning / IUPD for Project.

Objective O1.6: Promote the economic, environmental, and quality of life benefits of natural open space.

Policy O1.6.1: Encourage communication efforts with stakeholders to share information and discuss current issues and development applications.

Communication with stakeholders will occur through implementation of the Citizen Participation Plan.

Water Resources

Goal W1: Promote development that makes conservative use of renewable water supplies such as effluent, surface water, and Central Arizona Project water when feasible, as well as nonrenewable sources like groundwater.

The development of the Project would conservatively use available water. Water would be used during the estimated 24-month construction period primarily to control fugitive dust emissions. Water would be used during the 30-year operational period. PV solar projects do not require water to generate electricity. The facility does not require significant staff, so substantial water is not required on-site for employee needs during operation. The panels will be required to be cleaned periodically so water would likely be used for that purpose on an ongoing basis following completion of construction. Water needs would be provided via development of an on-site well or having water trucked to the site.

Goal W2: Reduce the impacts of development on water quality.

The development will comply with stormwater management requirements and will not result in detrimental impacts on water quality. Stormwater management practices at the Sun Streams Expansion Project could result in improvements to local water quality relative to the uncontrolled conditions that currently exist on these properties.

Cost of Development

All goals, objectives and policies associated with this plan topic deal with projects that require new public infrastructure, facilities, and services. Since the proposed development associated with this amendment would not require additional infrastructure, facilities, or services, these issues would not be impacted by this amendment but the goal of this element is addressed below.

Goal C1: Ensure that new development pays its fair and proportional share of the cost of additional public facility and service needs generated by new development.

The proposed use would not require any additional public infrastructure, so no additional expenditures are expected to be required. Once constructed, the Project would not increase demand for schools, public utilities, or public services. Even though the Project would not require additional public infrastructure or services, The Project is expected to generate tax and annual lease revenues to the State Trust beneficiaries which includes public schools in Arizona. In addition, the Project shall be responsible for funding and developing any public infrastructure improvements necessary to serve the Project.

TONOPAH/ARLINGTON AREA PLAN Land Use

Land Use Element Goal: Promote efficient land development that is compatible with adjacent land uses, is well integrated with the transportation system, and is sensitive to the natural environment.

The amendment will be consistent with this goal as it would be compatible with adjacent uses, will have no long-term effects on the transportation system, and would not result in significant effects to the natural environment as described in the sections above and below.

Objective L1: a. Create orderly, efficient, and functional development patterns. b. Create high quality residential, commercial, and industrial land developments that are compatible with adjacent land uses.

The development contemplated by the amendment would complement the existing and planned development patterns in the area by further consolidating energy and utility uses in the area around the PVNGS and being compatible with the other primary uses in the area.

Policy L1.3: Encourage land developers to cooperate with residents, and homeowner’s associations during any development review process for construction near the property holdings of those residents and homeowner’s associations.

The proposed Sun Streams Expansion Project will coordinate with nearby resident associations during the review process of the Project as provided for in the accompanying Citizen Participation Plan. In addition, residents within 300’ of the Project will be noticed through mailings and signs will be posted at the Project site to inform them of the Project. Any feedback received will be considered as the development plans move forward.

Policy L1.5: Review development proposals along major streets and adjacent to existing and approved land uses to determine compatibility with those uses.

The existing and planned land uses adjacent to the subject lands are primarily rural and rural residential. The operation of the proposed PV solar project would not create substantial noise or traffic. Its low profile would minimally affect the scenic quality of the area. Therefore, the Sun Steams Expansion Project would be expected to be compatible with adjacent uses and will not impact the major streets adjacent to the Property in the same manner that a Residential development would.

Policy L1.6: Discourage the location of commercial or industrial developments in locations specified for development with rural density land uses.

This amendment would encourage the location of Utility-scale development in the locations called for in the Plan- near PVNGS and rail corridors. PV solar generation facilities are a passive use without significant operational employment or activity and as a result, also complement a rural environment and will serve as an appropriate transition to the surrounding rural-density land uses.

Policy L1.7: Encourage light industrial development in the vicinity of the Palo Verde Nuclear Generating Station.

The property is within 3 miles of PVNGS and is therefore “in the vicinity” of the Plan where light industrial development is encouraged. The Sun Streams Expansion Project would be similar to a light industrial/utility use (with fewer impacts usually associated with such uses) and would be compatible with this land use designation, adjacent land uses, and CPAs. The concentration of energy development that has occurred in this area encourages other compatible uses and the Project supports growth of that use.

Objective L2: Provide for a functional, efficient and cost-effective system of utilities, facilities and services to serve county population and employment centers.

The renewable energy generated by the proposed Project would directly contribute to the efficiency and cost-effectiveness of utilities, facilities, and services that support the population and employment in Maricopa County. Electricity generated by PV projects are cost-competitive with other sources and also off-sets generation previously provided by fossil-fueled sources. The development of solar at this scale will assist the parts of Maricopa County where employment centers are being developed that require additional power sources. The Utilities designation encourages the development of a green power source that will serve the County population and large employment centers.

Policy L2.2: Where possible and appropriate, in the design and construction of new development, preserve natural drainage ways, including the Hassayampa River, major washes, and open space corridors.

Natural drainage ways, including the Hassayampa River, and the other most prominent drainage ways that cross the area would be avoided by development. Smaller drainages would be incorporated into final development plans to ensure to the extent possible that they are not negatively impacted. There are no open space corridors within the Project area.

Transportation

Transportation Element Goal: Provide an efficient, cost-effective, integrated, accessible, environmentally sensitive, and safe countywide multi-modal system that addresses existing and future roadway networks, as well as promotes transit, bikeways, and pedestrian travel.

The Sun Streams Expansion Project is supportive of this goal. Objective T1: Establish a circulation system that provides for the safe, convenient and efficient movement of goods and people throughout Maricopa County.

The proposed Project would be accessed from existing roadways via several points to provide access to specific parts of the site during construction and operation. The Project is not expected to significantly burden or require significant improvements to roads. Construction traffic would be managed by the construction contractor via implementation of a traffic management plan designed to efficiently and safely control the flow of traffic during this time period. The proposed Project would have no long-term effects on the transportation system and no negative effects on traffic during operations. This is summarized in the traffic statement that accompanied the CPA application.

Policy T1.4: Support efforts to provide all-weather travel over washes where justified.

Major drainages and washes would be avoided to the extent possible by the Project and existing all-weather travel over washes would not be impacted.

Policy T1.6 Where appropriate, support efforts to obtain land dedication for roadways during rezoning and subdivision processes.

As required by Maricopa County Department of Transportation (MCDOT), efforts to obtain land preservation for roadways would be conducted during the rezoning process for the Project.

Environment

Environment Element Goal 1: Promote development that considers adverse environmental impacts on the natural and cultural environment, preserves highly valued open space, and remediates areas contaminated with hazardous materials.

The proposed amendment would have minimal impacts to the natural and cultural environment because there are no significant or highly valued wildlife habitat or open space on the subject lands. The applicant will work with applicable agencies having jurisdiction to minimize impacts to the western burrowing owl. Based on survey results, the subject lands also do not contain significant cultural resources. The subject lands are not known to be contaminated with hazardous materials nor would hazardous materials be stored or utilized on site.

Environment Element Goal 2: Improve air quality and reduce noise impacts.

The proposed amendment could result in improved air quality relative to fugitive dust emissions due to potential reduction in wind velocities at the ground surface and treatment of soils. There would be no significant noise emissions associated with operation of the proposed Project.

Objective E1: Encourage developments that are compatible with natural environmental features and which do not lead to their destruction.

The subject properties do not contain significant natural environmental features such as hillsides, protected wildlife species habitats, or scenic areas. As mentioned above, the larger drainage features on these lands would for the most part be avoided by development.

Policy E1.1: In order to minimize adverse impacts of hillside development, the submittal of land development applications on lands with slopes of 15 percent or greater should be discouraged.

The proposed Project will be developed in accordance with any applicable Hillside regulations. It would not be located on lands with slopes of 15 percent or greater.

Policy E1.2: Encourage land uses and development designs that are compatible with environmentally sensitive areas such as parks, open space, floodplains, hillsides, wildlife habitat, scenic areas, and unstable geologic and soil conditions.

The subject properties do not include nor would be adjacent to environmentally sensitive areas such as parks, open space, hillsides, critical wildlife habitats, or scenic areas. Unstable geologic/soil conditions would be avoided to the extent possible and appropriate engineering considerations would be incorporated into the Project design if needed. The larger drainages on these lands would for the most part be avoided. Any development that would occur within a floodplain would be conducted in accordance with the requirements of the Maricopa County Flood Control District.

Policy E1.3: Encourage compatible land use relationships with sources of excessive noise.

Operation of the proposed Project will not be associated with any significant noise emissions and is a complementary land use adjacent to the rail corridors that emit noise.

Policy E1.5: Encourage land uses and development designs that are compatible with soil conditions which have severe development constraints such as within the Cherioni Rock outcrop area located in the southwestern portion of the planning area, the Casa Grande Harqua located in the southeast portion of the planning area, and the Carrizo-Brios and Carrizo associates which are located along the eastern edge of the planning area.

The Sun Streams Expansion Project would be located on the Casa Grande-Harqua soil association and could possibly include the Carrizo-Brios soil association along the eastern edge of amendment area (according to Figure 9 of the Tonopah-Arlington Area Plan). The Carrizo-Brios Association occurs along the Hassayampa River and the project would avoid development within this drainage – both the floodway and most of the associated floodplain as will be detailed in the upcoming plan of development site plan to be submitted as part of the rezoning / IUPD for Project. The Casa Grande – Harqua soils are relatively flat and would not provide a constraint to solar development. Appropriate engineering considerations would be incorporated into project design as needed to address any identified issues associated with these soils that could affect project development.

Objective E2: Protect and preserve existing water resources and minimize flood hazards.

The development of the Project would not use significant existing water resources during operations. The panels could be cleaned periodically so water could be used for that purpose. The facility does not require significant staff for operations, so substantial water is not required on-site for employee needs during operation. There are limited drainages on these lands that would for the most part be avoided. Any development that would occur in a floodplain would be conducted in accordance with the requirements of the Maricopa County Flood Control District.

Policy E2.1: Support Flood Control District policies, drainage regulations, and floodplain regulations for all development within the County.

As noted above, there are limited drainages on the subject property that would for the most part be avoided. Any development that would occur in a floodplain or drainage would be conducted in accordance with the requirements of the Maricopa County Flood Control District.

Policy E2.2: Encourage cooperation with the Flood Control District to minimize land development conflicts and achieve compatibility with the development and implementation of Area Drainage Master Plan Studies and other relevant investigations.

The Sun Streams Expansion Project will cooperate with the Flood Control District to minimize development conflicts and achieve compatibility with any Area Drainage Master Plan Studies and other investigations.

Policy E2.3: Discourage the location of structures that would alter current storm water drainage patterns and which would increase water ponding and sheetflow in areas of extremely flat land and areas currently susceptible to sheetflow.

The proposed Project will avoid larger drainages to the extent possible. Structures associated with the proposed Project will not be located such that existing storm water drainage patterns would be altered.

Policy E2.4: Limit the location of land uses, which rely on direct extraction of groundwater to where subsidence is neither an existing condition nor is projected to occur in the future.

The proposed Project would possibly use groundwater for construction water (primarily for dust control) during construction of the Project and possibly limited amounts to support the operations of the Project. If groundwater is used, the Applicant will work with ADWR to obtain any required approvals or review as needed. The Project area is not within an area of known subsidence in Maricopa County.

Policy E2.6: Encourage the use of drought tolerant and low water consumptive landscape materials.

The Sun Streams Expansion Project would not incorporate landscaping, outside of revegetation (if necessary). If revegetation is required, native species that are drought tolerant and low water consumptive would be utilized.

Objective E3: Preserve existing habitat areas of wildlife and/or desert plant species.

No critical habitats of sensitive animal or plant species are known to occur on the subject lands. To ensure no impacts would occur, the AGFD and USFWS would be consulted.

Policy E3.1: Encourage the protection of threatened and endangered species.

No critical habitats of threatened and endangered species are known to occur on the subject lands per data provided by AGFD and USFWS in Appendix B. As requested by AGFD, the applicant will conduct surveys for the western burrowing owl and, if present, work with the agencies to minimize impacts to this species.

Policy E3.5: Encourage the preservation and/or restoration of riparian habitats.

The Project would not be located on any riparian habitats. The larger drainages (washes with corresponding floodways) on the subject properties would for the most part be avoided by development.

Objective E4: Protect historical and archaeological resources.

Based on survey results, the subject lands do not contain any significant historical or archaeological resources.

Policy E4.1: Prior to development, excavation, or grading, require that an applicant submit a letter from the Arizona State Historical Preservation Office stating that the proposed land development will have no effect on historical and cultural resources.

Based on the results of site surveys, the subject lands do not contain any significant historical or archaeological resources. The cultural resource survey report has been provided to the Arizona State Historical Preservation Office (SHPO) via ASLD as part of the leasing process for State lands. A letter from SHPO will be provided prior to development.

Economic Development

Economic Development Element Goal: Promote a growing, balanced, efficient, and diversified economy, consistent with available resources, that enhances quality employment opportunities, improves quality of life, and is sensitive to the natural and cultural environment.

The proposed amendment would promote continuing economic growth and efficiency in the area and be compatible with the area environment and resources as discussed in the sections above.

Policy ED1.7: Require that future industrial and commercial development be adequately screened from public view.

The proposed solar energy development would not be expected to affect the visual quality of the area. The proposed PV solar panels have a relatively low profile and would be located on relatively flat lands located low on the landscape, so would not be expected to be visible from most areas or affect views of the local mountains. Subdivided lots abut the subject property in many locations as shown on Figure 4. Most of the subdivided lots within the area are not developed but some existing residences abut the site along Elliott Road, Dobbins Road, Sunland/Southern Avenue, and South 331st Avenue. In these areas, visual screening would be provided by adding slats to the Project perimeter fence. This fence treatment would be of an appropriate color consistent with the surrounding environment and would obstruct the view of the Project from the residential properties while minimally impacting local visual quality.

OTHER PERTINENT INFORMATION AS REQUESTED BY THE MARICOPA COUNTY PLANNING DEPARTMENT STAFF

None at this time.

Legend

Interstate Highway

Sun Valley State Highway

Sun Streams Expansion TONOPAH

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Sun Streams

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Map Phoenix ARLINGTON Extent

ARIZONA

UV85 SUN STREAMS EXPANSION

FIGURE 1 PROJECT LOCATION

Map Extent: Maricopa County, Arizona

Date: 07-22-20 Author: rnc

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APN: 40142030B Maricopa County

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U.P.R.R. ARIZONA

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FIGURE 4 SITE LOCATION WITH PARCELS

Map Extent: Maricopa County, Arizona

Date: 07-22-20 Author: rnc Narramore Rd W Old Us Highway 80 319thAve G:\Sunstreams/MXD's/Sun Streams Expansion INTERSTATE ARIZONA 10 WINTERSBURG RD WINTERSBURG RD WINTERSBURG RD WINTERSBURG RD WINTERSBURG RD WINTERSBURG RD WINTERSBURG RD WINTERSBURG RD WINTERSBURG RD WINTERSBURG RD WINTERSBURG RD WINTERSBURG RD WINTERSBURG RD WINTERSBURG RD WINTERSBURG RD WINTERSBURG RD WINTERSBURG RD PALO VERDE NUCLEAR POWER PLANT 331ST AVE 331ST AVE 331ST AVE 331ST AVE 331ST AVE 331ST AVE 331ST AVE 339TH AVE 339TH AVE 339TH AVE 339TH AVE 339TH AVE 339TH AVE 339TH AVE 331ST AVE 331ST AVE 331ST AVE 339TH AVE 339TH AVE 339TH AVE 331ST AVE 331ST AVE 339TH AVE 339TH AVE 331ST AVE 331ST AVE 331ST AVE 331ST AVE 331ST AVE 339TH AVE 339TH AVE 339TH AVE 339TH AVE 339TH AVE

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2141 E. HIGHLAND AVE., STE. 250 PHOENIX, AZ 85016 P: 602.490.0535 / F: 602.368.2436

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APPENDIX A

LEGAL DESCRIPTION

LEGAL DESCRIPTION OF SUN STREAMS EXPANSION PROPERTY SUBJECT TO ARIZONA STATE LANDS COMMERCIAL LEASE APPLICATION 03-120611

The Land referred to herein below is situated in the County of Maricopa, State of Arizona, and is described as follows:

ALL OF SECTION 32, TOWNSHIP 1 NORTH, RANGE 5 WEST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA.

THE NORTHWEST QUARTER AND THE SOUTH HALF OF SECTION 33, TOWNSHIP 1 NORTH, RANGE 5 WEST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA.

THE WEST HALF OF SECTION 34, TOWNSHIP 1 NORTH, RANGE 5 WEST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA.

THE WEST HALF OF THE EAST HALF OF SECTION 34, TOWNSHIP 1 NORTH, RANGE 5 WEST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA.

THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 1 NORTH, RANGE 5 WEST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA.

APPENDIX B

SENSITIVE SPECIES REVIEW Sun Streams Expansion Solar Project

Special Status Species Review

METHODS

Information was obtained from the U.S. Fish and Wildlife Service (USFWS) and the Arizona Game and Fish Department (AGFD) regarding the potential occurrence of special status species within the Project Study Area for the Sun Streams Expansion Solar Project (Figure 1). Special status plant and wildlife species are subject to regulations under the authority of Federal and State agencies. Special status species that could be associated with the proposed Project include those species that are listed by the USFWS as federally endangered, threatened, proposed, or candidate species under the Endangered Species Act of 1973 (ESA), Section 4, as amended; listed as Wildlife of Special Concern by the Arizona Game and Fish Department (AGFD); or protected under the Arizona Native Plant Law (ANPL) administered by the Arizona Department of Agriculture (AZDA). Descriptions of these special status species are summarized below:

• Endangered species, protected under the ESA, are those species in danger of extinction throughout all or a significant portion of their range. • Threatened species, protected under the ESA, are those species likely to become endangered in the foreseeable future. • Proposed species are those species recommended for listing under Section 4 of the ESA. • Candidate species are those species for which the USFWS has sufficient information on their biological status and threats to propose them as endangered or threatened under the ESA, but has precluded the development of a proposed listing regulation because of other higher priority listing activities. Candidate species are not protected under the ESA. • USFWS Species of Concern is an informal term that refers to those species that the USFWS believes may be in need of concentrated conservation actions. Conservation actions, such as monitoring, vary depending on the health of the populations and degree and types of threats. USFWS Species of Concern receive no legal protection under the ESA and the use of the term does not necessarily mean that the species will eventually be proposed for listing as a threatened or endangered species. • AGFD Species of Greatest Conservation Need (SGCN) are species determined to be vulnerable in at least one of the following eight criteria: extirpated from Arizona, federal or state status, declining status, disjunct status, demographic status, concentration status, fragmentation status, and distribution status, as described by the AGFD's listing of Wildlife of Special Concern in Arizona (WSCA, updated October 15, 2019).

The USFWS Information for Planning and Consulting (IPaC) was accessed and the USFWS generated a report listing proposed, candidate, threatened, and endangered species (TECP) and other resources that could potentially occur within the project area (USFWS 2020) and is included as Exhibit A. Critical habitats are specific areas that contain the physical or biological features that are essential to the conservation of listed species and that could need special management or protection. As shown on page 2 of the IPaC report, no critical habitats occur at this location. The USFWS has identified zero plant species and 6 wildlife species (1 mammal, 4 birds and 1 fish) with federal status that have the potential to occur within the project area: Sonoran pronghorn (Antilocarpa americana sonoriensis), California least tern (Sterna antillarum browni), southwestern willow flycatcher (Empidonax traillii extimus), yellow-billed cuckoo (Coccyzus americanus, Yuma Ridgway’s rail (Rallus obsoletus yumanensis) and desert pupfish (Cyprinodon macularius). As shown on Table 1, none of these federally listed species is expected to occur on the project site because of lack of suitable habitat.

An AGFD On-line Project Evaluation Program (PEP) search was also completed for the Project on May 26, 2020 (AGFD 2020) and is included as Exhibit B. The information provided in the PEP is used to guide preliminary decisions and assessments of proposed land development, management, and conservation projects, while incorporating fish and wildlife resource needs or features. The PEP indicated that the following nine species of concern are known to occur within five miles of the Sun Streams Expansion Solar Project: straw-top cholla (Opuntia echinocarpa), western burrowing owl (Athene cunicularia hypugaea), yellow-billed cuckoo, southwestern willow flycatcher, Sonoran collared lizard (Crotaphytus nebrius), Sonoran desert tortoise (Gopherus morafkai), lowland leopard frog (Lithobates yavapaiensis), Yuma Ridgway’s rail, and Le Conte’s thrasher (Toxostoma lecontei).

Table 1 summarizes the potential for these species to occur in the vicinity of the Project, listed by common name, scientific name, and status. Also included is the likelihood of each to occur on the Project site. As shown, because of lack of suitable habitat, only two of the wildlife species identified in the PEP, the western burrowing owl and LeConte’s thrasher, have the potential to occur on the site. One plant species, Straw-top cholla, could also potentially occur.

As requested by AGFD, the applicant will conduct pre-construction surveys for the western burrowing owl and, if present, work with the agencies and apply measures identified by AGFD in the PEP to minimize impacts. Potential impacts to the thrasher would be minimized by implementation of appropriate conservation measures under the Migratory Bird Treaty Act (MBTA). The Straw-top cholla is a salvage-restricted plant and, if present on the site, it would be addressed as required under the ANPL.

Table 1

SPECIAL STATUS SPECIES AND POTENTIAL TO OCCUR ON PROJECT SITE

Species Protection Status1 Potential to Occur in Project Study Area Arizona Common name Scientific name ESA2 (Justification)4 SGCN3 Plants Straw-top Cholla Opuntia echinocarpa -- SR Yes (Potentially suitable habitat present) Mammals No (Project site outside known geographic Sonoran Pronghorn Antilocapra americana sonoriensis EXPN 1A range) Birds Yellow-billed Cuckoo No (No suitable nesting or foraging Coccyzus americanus occidentalis T 1A (Western DPS) habitat) Yes (Potentially suitable nesting and Western Burrowing Owl Athene cunicularia hypugaea SC 1B foraging habitat present) Yuma Clapper Rail (Yuma No (No suitable nesting or foraging Rallus longirostris yumanensis E 1A Ridgeway’s Rail) habitat) California Least Tern Sterna antillarum browni E -- No (Habitat) Southwestern Willow No (No suitable nesting or foraging Empidonax traillii extimus E 1A Flycatcher habitat) Yes (Potentially suitable nesting and Le Conte’s Thrasher Toxostoma lecontei -- 1B foraging habitat present) Reptiles Sonoran Collared Lizard Crotaphytus nebrius -- 1B No (Habitat) Sonoran Desert Tortoise Gopherus morafkai -- 1A No (Habitat) Amphibians Lowland Leopard Frog Lithobates yavapaiensis SC 1A No (Habitat) Fish Desert Pupfish Cyprinodon macularius E No (Habitat) 1 E=Endangered, T=Threatened, PT = Proposed Threatened, C=Candidate, EXPN=Experimental Population, Non-Essential, SC=Species of Concern, DM= Delisted taxon, recovered, and being monitored for the first five years, WSC=Wildlife of Special Concern, SR=Salvage Restricted, HS=Highly Safeguarded 2 USFWS 2019 3 AGFD 2019 4 Elevation means the species does not have the potential to occur because the Project Site is not within its elevation requirements. Habitat means the Project Site is within the species elevation requirements but there is no suitable or potential habitat for the species. References are provided in the References Section.

References

Arizona Game and Fish Department (AGFD). 2020. Arizona’s On-line Environmental Review Tool. [Web Page] Located at http://www.azgfd.gov/hgis/. Project ID: HGIS-11229. Accessed: May 26, 2020.

U.S. Fish and Wildlife Service (USFWS). 2020. Information for Planning and Consultation Resource List, List of Species. [Web Page] Located at http://www. http://ecos.fws.gov/ipac/. Accessed: May 26, 2020.

Exhibit A

USFWS IPac Report

IPaC Information for Planning and Consultation U.S. Fish & Wildlife Service IPaC resource list

This report is an automatically generated list of species and other resources such as critical habitat (collectively referred to as trust resources) under the U.S. Fish and Wildlife Service's (USFWS) jurisdiction that are known or expected to be on or near the project area referenced below. The list may also include trust resources that occur outside of the project area, but that could potentially be directly or indirectly a!ected by activities in the project area. However, determining the likelihood and extent of e!ects a project may have on trust resources typically requires gathering additional site- speci"c (e.g., vegetation/species surveys) and project-speci"c (e.g., magnitude and timing of proposed activities) information.

Below is a summary of the project information you provided and contact information for the USFWS o#ce(s) with jurisdiction in the de"ned project area. Please read the introduction to each section that follows (Endangered Species, Migratory Birds, USFWS Facilities, and NWI Wetlands) for additional information applicable to the trust resources addressed in that section.

Location Maricopa County, Arizona

Local o#ce

Arizona Ecological Services Field O#ce ! (602) 242-0210 " (602) 242-2513

9828 North 31st Ave #c3 Phoenix, AZ 85051-2517

http://www.fws.gov/southwest/es/arizona/ http://www.fws.gov/southwest/es/EndangeredSpecies_Main.html

Endangered species

This resource list is for informational purposes only and does not constitute an analysis of project level impacts.

The primary information used to generate this list is the known or expected range of each species. Additional areas of in$uence (AOI) for species are also considered. An AOI includes areas outside of the species range if the species could be indirectly a!ected by activities in that area (e.g., placing a dam upstream of a "sh population, even if that "sh does not occur at the dam site, may indirectly impact the species by reducing or eliminating water $ow downstream). Because species can move, and site conditions can change, the species on this list are not guaranteed to be found on or near the project area. To fully determine any potential e!ects to species, additional site-speci"c and project-speci"c information is often required.

Section 7 of the Endangered Species Act requires Federal agencies to "request of the Secretary information whether any species which is listed or proposed to be listed may be present in the area of such proposed action" for any project that is conducted, permitted, funded, or licensed by any Federal agency. A letter from the local o#ce and a species list which ful"lls this requirement can only be obtained by requesting an o#cial species list from either the Regulatory Review section in IPaC (see directions below) or from the local "eld o#ce directly.

For project evaluations that require USFWS concurrence/review, please return to the IPaC website and request an o#cial species list by doing the following:

1. Draw the project location and click CONTINUE. 2. Click DEFINE PROJECT. 3. Log in (if directed to do so). 4. Provide a name and description for your project. 5. Click REQUEST SPECIES LIST. 1 Listed species1 and their critical habitats are managed by the Ecological Services Program of the U.S. Fish and Wildlife Service (USFWS) and the "sheries division of the National Oceanic and Atmospheric Administration (NOAA Fisheries2).

Species and critical habitats under the sole responsibility of NOAA Fisheries are not shown on this list. Please contact NOAA Fisheries for species under their jurisdiction.

1. Species listed under the Endangered Species Act are threatened or endangered; IPaC also shows species that are candidates, or proposed, for listing. See the listing status page for more information. 2. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an o#ce of the National Oceanic and Atmospheric Administration within the Department of Commerce.

The following species are potentially a!ected by activities in this location:

Mammals NAME STATUS

Sonoran Pronghorn Antilocapra americana sonoriensis EXPN No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/4750

Birds NAME STATUS

California Least Tern Sterna antillarum browni Endangered No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/8104

Southwestern Willow Flycatcher Empidonax traillii extimus Endangered There is !nal critical habitat for this species. Your location is outside the critical habitat. https://ecos.fws.gov/ecp/species/6749

Yellow-billed Cuckoo Coccyzus americanus Threatened There is proposed critical habitat for this species. Your location is outside the critical habitat. https://ecos.fws.gov/ecp/species/3911

Yuma Ridgways (clapper) Rail Rallus obsoletus [=longirostris] yumanensis Endangered No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/3505

Fishes NAME STATUS

Desert Pup"sh Cyprinodon macularius Endangered There is !nal critical habitat for this species. Your location is outside the critical habitat. https://ecos.fws.gov/ecp/species/7003

Critical habitats

Potential e!ects to critical habitat(s) in this location must be analyzed along with the endangered species themselves.

THERE ARE NO CRITICAL HABITATS AT THIS LOCATION.

Migratory birds

Certain birds are protected under the Migratory Bird Treaty Act1 and the Bald and Golden Eagle Protection Act2.

Any person or organization who plans or conducts activities that may result in impacts to migratory birds, eagles, and their habitats should follow appropriate regulations and consider implementing appropriate conservation measures, as described below.

1. The Migratory Birds Treaty Act of 1918. 2. The Bald and Golden Eagle Protection Act of 1940. Additional information can be found using the following links:

Birds of Conservation Concern http://www.fws.gov/birds/management/managed-species/ birds-of-conservation-concern.php Measures for avoiding and minimizing impacts to birds http://www.fws.gov/birds/management/project-assessment-tools-and-guidance/ conservation-measures.php Nationwide conservation measures for birds http://www.fws.gov/migratorybirds/pdf/management/nationwidestandardconservationmeasures.pdf

MIGRATORY BIRD INFORMATION IS NOT AVAILABLE AT THIS TIME

Tell me more about conservation measures I can implement to avoid or minimize impacts to migratory birds.

Nationwide Conservation Measures describes measures that can help avoid and minimize impacts to all birds at any location year round. Implementation of these measures is particularly important when birds are most likely to occur in the project area. When birds may be breeding in the area, identifying the locations of any active nests and avoiding their destruction is a very helpful impact minimization measure. To see when birds are most likely to occur and be breeding in your project area, view the Probability of Presence Summary. Additional measures and/or permits may be advisable depending on the type of activity you are conducting and the type of infrastructure or bird species present on your project site.

What does IPaC use to generate the migratory birds potentially occurring in my speci!ed location?

The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern (BCC) and other species that may warrant special attention in your project location.

The migratory bird list generated for your project is derived from data provided by the Avian Knowledge Network (AKN). The AKN data is based on a growing collection of survey, banding, and citizen science datasets and is queried and "ltered to return a list of those birds reported as occurring in the 10km grid cell(s) which your project intersects, and that have been identi"ed as warranting special attention because they are a BCC species in that area, an eagle (Eagle Act requirements may apply), or a species that has a particular vulnerability to o!shore activities or development.

Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your project area. It is not representative of all birds that may occur in your project area. To get a list of all birds potentially present in your project area, please visit the AKN Phenology Tool.

What does IPaC use to generate the probability of presence graphs for the migratory birds potentially occurring in my speci!ed location?

The probability of presence graphs associated with your migratory bird list are based on data provided by the Avian Knowledge Network (AKN). This data is derived from a growing collection of survey, banding, and citizen science datasets .

Probability of presence data is continuously being updated as new and better information becomes available. To learn more about how the probability of presence graphs are produced and how to interpret them, go the Probability of Presence Summary and then click on the "Tell me about these graphs" link.

How do I know if a bird is breeding, wintering, migrating or present year-round in my project area?

To see what part of a particular bird's range your project area falls within (i.e. breeding, wintering, migrating or year-round), you may refer to the following resources: The Cornell Lab of Ornithology All About Birds Bird Guide, or (if you are unsuccessful in locating the bird of interest there), the Cornell Lab of Ornithology Neotropical Birds guide. If a bird on your migratory bird species list has a breeding season associated with it, if that bird does occur in your project area, there may be nests present at some point within the timeframe speci"ed. If "Breeds elsewhere" is indicated, then the bird likely does not breed in your project area.

What are the levels of concern for migratory birds?

Migratory birds delivered through IPaC fall into the following distinct categories of concern:

1. "BCC Rangewide" birds are Birds of Conservation Concern (BCC) that are of concern throughout their range anywhere within the USA (including Hawaii, the Paci"c Islands, Puerto Rico, and the Virgin Islands); 2. "BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation Regions (BCRs) in the continental USA; and 3. "Non-BCC - Vulnerable" birds are not BCC species in your project area, but appear on your list either because of the Eagle Act requirements (for eagles) or (for non- eagles) potential susceptibilities in o!shore areas from certain types of development or activities (e.g. o!shore energy development or longline "shing).

Although it is important to try to avoid and minimize impacts to all birds, e!orts should be made, in particular, to avoid and minimize impacts to the birds on this list, especially eagles and BCC species of rangewide concern. For more information on conservation measures you can implement to help avoid and minimize migratory bird impacts and requirements for eagles, please see the FAQs for these topics.

Details about birds that are potentially a"ected by o"shore projects

For additional details about the relative occurrence and abundance of both individual bird species and groups of bird species within your project area o! the Atlantic Coast, please visit the Northeast Ocean Data Portal. The Portal also o!ers data and information about other taxa besides birds that may be helpful to you in your project review. Alternately, you may download the bird model results "les underlying the portal maps through the NOAA NCCOS Integrative Statistical Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic Outer Continental Shelf project webpage.

Bird tracking data can also provide additional details about occurrence and habitat use throughout the year, including migration. Models relying on survey data may not include this information. For additional information on marine bird tracking data, see the Diving Bird Study and the nanotag studies or contact Caleb Spiegel or Pam Loring.

What if I have eagles on my list?

If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid violating the Eagle Act should such impacts occur. Proper Interpretation and Use of Your Migratory Bird Report

The migratory bird list generated is not a list of all birds in your project area, only a subset of birds of priority concern. To learn more about how your list is generated, and see options for identifying what other birds may be in your project area, please see the FAQ “What does IPaC use to generate the migratory birds potentially occurring in my speci"ed location”. Please be aware this report provides the “probability of presence” of birds within the 10 km grid cell(s) that overlap your project; not your exact project footprint. On the graphs provided, please also look carefully at the survey e!ort (indicated by the black vertical bar) and for the existence of the “no data” indicator (a red horizontal bar). A high survey e!ort is the key component. If the survey e!ort is high, then the probability of presence score can be viewed as more dependable. In contrast, a low survey e!ort bar or no data bar means a lack of data and, therefore, a lack of certainty about presence of the species. This list is not perfect; it is simply a starting point for identifying what birds of concern have the potential to be in your project area, when they might be there, and if they might be breeding (which means nests might be present). The list helps you know what to look for to con"rm presence, and helps guide you in knowing when to implement conservation measures to avoid or minimize potential impacts from your project activities, should presence be con"rmed. To learn more about conservation measures, visit the FAQ “Tell me about conservation measures I can implement to avoid or minimize impacts to migratory birds” at the bottom of your migratory bird trust resources page.

Facilities

National Wildlife Refuge lands

Any activity proposed on lands managed by the National Wildlife Refuge system must undergo a 'Compatibility Determination' conducted by the Refuge. Please contact the individual Refuges to discuss any questions or concerns.

THERE ARE NO REFUGE LANDS AT THIS LOCATION.

Fish hatcheries

THERE ARE NO FISH HATCHERIES AT THIS LOCATION.

Wetlands in the National Wetlands Inventory

Impacts to NWI wetlands and other aquatic habitats may be subject to regulation under Section 404 of the Clean Water Act, or other State/Federal statutes.

For more information please contact the Regulatory Program of the local U.S. Army Corps of Engineers District.

Please note that the NWI data being shown may be out of date. We are currently working to update our NWI data set. We recommend you verify these results with a site visit to determine the actual extent of wetlands on site.

This location overlaps the following wetlands:

FRESHWATER POND PUBF

RIVERINE R4SBC R5UBH R5UBFx

A full description for each wetland code can be found at the National Wetlands Inventory website

Data limitations

The Service's objective of mapping wetlands and deepwater habitats is to produce reconnaissance level information on the location, type and size of these resources. The maps are prepared from the analysis of high altitude imagery. Wetlands are identi"ed based on vegetation, visible hydrology and geography. A margin of error is inherent in the use of imagery; thus, detailed on-the-ground inspection of any particular site may result in revision of the wetland boundaries or classi"cation established through image analysis.

The accuracy of image interpretation depends on the quality of the imagery, the experience of the image analysts, the amount and quality of the collateral data and the amount of ground truth veri"cation work conducted. Metadata should be consulted to determine the date of the source imagery used and any mapping problems.

Wetlands or other mapped features may have changed since the date of the imagery or "eld work. There may be occasional di!erences in polygon boundaries or classi"cations between the information depicted on the map and the actual conditions on site.

Data exclusions

Certain wetland habitats are excluded from the National mapping program because of the limitations of aerial imagery as the primary data source used to detect wetlands. These habitats include seagrasses or submerged aquatic vegetation that are found in the intertidal and subtidal zones of estuaries and nearshore coastal waters. Some deepwater reef communities (coral or tuber"cid worm reefs) have also been excluded from the inventory. These habitats, because of their depth, go undetected by aerial imagery.

Data precautions

Federal, state, and local regulatory agencies with jurisdiction over wetlands may de"ne and describe wetlands in a di!erent manner than that used in this inventory. There is no attempt, in either the design or products of this inventory, to de"ne the limits of proprietary jurisdiction of any Federal, state, or local government or to establish the geographical scope of the regulatory programs of government agencies. Persons intending to engage in activities involving modi"cations within or adjacent to wetland areas should seek the advice of appropriate federal, state, or local agencies concerning speci"ed agency regulatory programs and proprietary jurisdictions that may a!ect such activities.

Exhibit B

AGFD PEP Report

Arizona Environmental Online Review Tool Report

Arizona Game and Fish Department Mission To conserve Arizona's diverse wildlife resources and manage for safe, compatible outdoor recreation opportunities for current and future generations.

Project Name: Sun Streams Expansion

Project Description: Potential solar project

Project Type: Energy Storage/Production/Transfer, Energy Production (generation), photovoltaic solar facility (new)

Contact Person: Patrick Golden

Organization: Heritage Environmental Consultants

On Behalf Of: CONSULTING

Project ID: HGIS-11229

Please review the entire report for project type and/or species recommendations for the location information entered. Please retain a copy for future reference.

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Disclaimer:

1. This Environmental Review is based on the project study area that was entered. The report must be updated if the project study area, location, or the type of project changes. 2. This is a preliminary environmental screening tool. It is not a substitute for the potential knowledge gained by having a biologist conduct a field survey of the project area. This review is also not intended to replace environmental consultation (including federal consultation under the Endangered Species Act), land use permitting, or the Departments review of site-specific projects. 3. The Departments Heritage Data Management System (HDMS) data is not intended to include potential distribution of special status species. Arizona is large and diverse with plants, animals, and environmental conditions that are ever changing. Consequently, many areas may contain species that biologists do not know about or species previously noted in a particular area may no longer occur there. HDMS data contains information about species occurrences that have actually been reported to the Department. Not all of Arizona has been surveyed for special status species, and surveys that have been conducted have varied greatly in scope and intensity. Such surveys may reveal previously undocumented population of species of special concern. 4. HabiMap Arizona data, specifically Species of Greatest Conservation Need (SGCN) under our State Wildlife Action Plan (SWAP) and Species of Economic and Recreational Importance (SERI), represent potential species distribution models for the State of Arizona which are subject to ongoing change, modification and refinement. The status of a wildlife resource can change quickly, and the availability of new data will necessitate a refined assessment.

Locations Accuracy Disclaimer: Project locations are assumed to be both precise and accurate for the purposes of environmental review. The creator/owner of the Project Review Report is solely responsible for the project location and thus the correctness of the Project Review Report content.

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Recommendations Disclaimer:

1. The Department is interested in the conservation of all fish and wildlife resources, including those species listed in this report and those that may have not been documented within the project vicinity as well as other game and nongame wildlife. 2. Recommendations have been made by the Department, under authority of Arizona Revised Statutes Title 5 (Amusements and Sports), 17 (Game and Fish), and 28 (Transportation). 3. Potential impacts to fish and wildlife resources may be minimized or avoided by the recommendations generated from information submitted for your proposed project. These recommendations are preliminary in scope, designed to provide early considerations on all species of wildlife. 4. Making this information directly available does not substitute for the Department's review of project proposals, and should not decrease our opportunity to review and evaluate additional project information and/or new project proposals. 5. Further coordination with the Department requires the submittal of this Environmental Review Report with a cover letter and project plans or documentation that includes project narrative, acreage to be impacted, how construction or project activity(s) are to be accomplished, and project locality information (including site map). Once AGFD had received the information, please allow 30 days for completion of project reviews. Send requests to: Project Evaluation Program, Habitat Branch Arizona Game and Fish Department 5000 West Carefree Highway Phoenix, Arizona 85086-5000 Phone Number: (623) 236-7600 Fax Number: (623) 236-7366 Or [email protected] 6. Coordination may also be necessary under the National Environmental Policy Act (NEPA) and/or Endangered Species Act (ESA). Site specific recommendations may be proposed during further NEPA/ESA analysis or through coordination with affected agencies

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Special Status Species Documented within 5 Miles of Project Vicinity Scientific Name Common Name FWS USFS BLM NPL SGCN Athene cunicularia hypugaea Western Burrowing Owl SC S S 1B Coccyzus americanus Yellow-billed Cuckoo (Western DPS) LT S 1A Crotaphytus nebrius Sonoran Collared Lizard 1B Empidonax traillii extimus Southwestern Willow Flycatcher LE 1A Gopherus morafkai Sonoran Desert Tortoise CCA S S 1A Lithobates yavapaiensis Lowland Leopard Frog SC S S 1A Opuntia echinocarpa Straw-top Cholla SR Rallus obsoletus yumanensis Yuma Ridgway's Rail LE 1A Toxostoma lecontei LeConte's Thrasher S 1B

Note: Status code definitions can be found at https://www.azgfd.com/wildlife/planning/wildlifeguidelines/statusdefinitions/ .

Special Areas Documented within the Project Vicinity Scientific Name Common Name FWS USFS BLM NPL SGCN Hassayampa River Maricopa County Wildlife Movement Area - Riparian/Wash Important Connectivity Zone Wildlife Connectivity

Note: Status code definitions can be found at https://www.azgfd.com/wildlife/planning/wildlifeguidelines/statusdefinitions/ .

Species of Greatest Conservation Need Predicted within the Project Vicinity based on Predicted Range Models Scientific Name Common Name FWS USFS BLM NPL SGCN Aix sponsa Wood Duck 1B Ammospermophilus harrisii Harris' Antelope Squirrel 1B Anaxyrus microscaphus Arizona Toad SC S 1B Anaxyrus retiformis Sonoran Green Toad S 1B Anthus spragueii Sprague's Pipit SC 1A Aquila chrysaetos Golden Eagle BGA S 1B Athene cunicularia hypugaea Western Burrowing Owl SC S S 1B Botaurus lentiginosus American Bittern 1B Buteo regalis Ferruginous Hawk SC S 1B Calypte costae Costa's Hummingbird 1C Castor canadensis American Beaver 1B Chilomeniscus stramineus Variable Sandsnake 1B Cistothorus palustris Marsh Wren 1C Colaptes chrysoides Gilded Flicker S 1B Coluber bilineatus Sonoran Whipsnake 1B Corynorhinus townsendii pallescens Pale Townsend's Big-eared Bat SC S S 1B Crotalus tigris Tiger Rattlesnake 1B

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Species of Greatest Conservation Need Predicted within the Project Vicinity based on Predicted Range Models Scientific Name Common Name FWS USFS BLM NPL SGCN Crotaphytus nebrius Sonoran Collared Lizard 1B Empidonax traillii extimus Southwestern Willow Flycatcher LE 1A Euderma maculatum Spotted Bat SC S S 1B Eumops perotis californicus Greater Western Bonneted Bat SC S 1B Gopherus morafkai Sonoran Desert Tortoise CCA S S 1A Haliaeetus leucocephalus Bald Eagle SC, S S 1A BGA Heloderma suspectum Gila Monster 1A Incilius alvarius Sonoran Desert Toad 1B Kinosternon sonoriense sonoriense Desert Mud Turtle S 1B Lasiurus blossevillii Western Red Bat S 1B Lasiurus xanthinus Western Yellow Bat S 1B Leptonycteris yerbabuenae Lesser Long-nosed Bat SC 1A Lepus alleni Antelope Jackrabbit 1B Lithobates yavapaiensis Lowland Leopard Frog SC S S 1A Macrotus californicus California Leaf-nosed Bat SC S 1B Melanerpes uropygialis Gila Woodpecker 1B Melospiza lincolnii Lincoln's Sparrow 1B Melozone aberti Abert's Towhee S 1B Micrathene whitneyi Elf Owl 1C Micruroides euryxanthus Sonoran Coralsnake 1B Myotis velifer Cave Myotis SC S 1B Myotis yumanensis Yuma Myotis SC 1B Nyctinomops femorosaccus Pocketed Free-tailed Bat 1B Oreoscoptes montanus Sage Thrasher 1C Oreothlypis luciae Lucy's Warbler 1C Passerculus sandwichensis Savannah Sparrow 1B Perognathus longimembris Little Pocket Mouse No 1B Status Phrynosoma solare Regal Horned Lizard 1B Rallus obsoletus yumanensis Yuma Ridgway's Rail LE 1A Setophaga petechia Yellow Warbler 1B Sphyrapicus nuchalis Red-naped Sapsucker 1C Spizella breweri Brewer's Sparrow 1C Sturnella magna Eastern Meadowlark 1C Tadarida brasiliensis Brazilian Free-tailed Bat 1B Toxostoma lecontei LeConte's Thrasher S 1B Troglodytes pacificus Pacific Wren 1B Vireo bellii arizonae Arizona Bell's Vireo 1B

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Species of Greatest Conservation Need Predicted within the Project Vicinity based on Predicted Range Models Scientific Name Common Name FWS USFS BLM NPL SGCN Vulpes macrotis Kit Fox No 1B Status

Species of Economic and Recreation Importance Predicted within the Project Vicinity Scientific Name Common Name FWS USFS BLM NPL SGCN Callipepla gambelii Gambel's Quail Pecari tajacu Javelina Puma concolor Mountain Lion Zenaida asiatica White-winged Dove Zenaida macroura Mourning Dove

Project Type: Energy Storage/Production/Transfer, Energy Production (generation), photovoltaic solar facility (new)

Project Type Recommendations: During the planning stages of your project, please consider the local or regional needs of wildlife in regards to movement, connectivity, and access to habitat needs. Loss of this permeability prevents wildlife from accessing resources, finding mates, reduces gene flow, prevents wildlife from re-colonizing areas where local extirpations may have occurred, and ultimately prevents wildlife from contributing to ecosystem functions, such as pollination, seed dispersal, control of prey numbers, and resistance to invasive species. In many cases, streams and washes provide natural movement corridors for wildlife and should be maintained in their natural state. Uplands also support a large diversity of species, and should be contained within important wildlife movement corridors. In addition, maintaining biodiversity and ecosystem functions can be facilitated through improving designs of structures, fences, roadways, and culverts to promote passage for a variety of wildlife. Guidelines for many of these can be found at: https://www.azgfd.com/wildlife/planning/wildlifeguidelines/.

Consider impacts of outdoor lighting on wildlife and develop measures or alternatives that can be taken to increase human safety while minimizing potential impacts to wildlife. Conduct wildlife surveys to determine species within project area, and evaluate proposed activities based on species biology and natural history to determine if artificial lighting may disrupt behavior patterns or habitat use. Use only the minimum amount of light needed for safety. Narrow spectrum bulbs should be used as often as possible to lower the range of species affected by lighting. All lighting should be shielded, canted, or cut to ensure that light reaches only areas needing illumination.

Minimize potential introduction or spread of exotic invasive species. Invasive species can be plants, animals (exotic snails), and other organisms (e.g., microbes), which may cause alteration to ecological functions or compete with or prey upon native species and can cause social impacts (e.g., livestock forage reduction, increase wildfire risk). The terms noxious weed or invasive plants are often used interchangeably. Precautions should be taken to wash all equipment utilized in the project activities before leaving the site. Arizona has noxious weed regulations (Arizona Revised Statutes, Rules R3-4-244 and R3-4-245). See Arizona Department of Agriculture website for restricted plants, https://agriculture.az.gov/. Additionally, the U.S. Department of Agriculture has information regarding pest and invasive plant control methods including: pesticide, herbicide, biological control agents, and mechanical control, https://www.nrcs.usda.gov/wps/portal/nrcs/detailfull/national/water/quality/?cid=stelprdb1044769 The Department regulates the importation, purchasing, and transportation of wildlife and fish (Restricted Live Wildlife), please refer to the hunting regulations for further information https://www.azgfd.com/hunting/regulations.

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Minimization and mitigation of impacts to wildlife and fish species due to changes in water quality, quantity, chemistry, temperature, and alteration to flow regimes (timing, magnitude, duration, and frequency of floods) should be evaluated. Minimize impacts to springs, in-stream flow, and consider irrigation improvements to decrease water use. If dredging is a project component, consider timing of the project in order to minimize impacts to spawning fish and other aquatic species (include spawning seasons), and to reduce spread of exotic invasive species. We recommend early direct coordination with Project Evaluation Program for projects that could impact water resources, wetlands, streams, springs, and/or riparian habitats.

The Department recommends that wildlife surveys are conducted to determine if noise-sensitive species occur within the project area. Avoidance or minimization measures could include conducting project activities outside of breeding seasons.

For any powerlines built, proper design and construction of the transmission line is necessary to prevent or minimize risk of electrocution of raptors, owls, vultures, and golden or bald eagles, which are protected under state and federal laws. Limit project activities during the breeding season for birds, generally March through late August, depending on species in the local area (raptors breed in early February through May). Conduct avian surveys to determine bird species that may be utilizing the area and develop a plan to avoid disturbance during the nesting season. For underground powerlines, trenches should be covered or back-filled as soon as possible. Incorporate escape ramps in ditches or fencing along the perimeter to deter small mammals and herptefauna (snakes, lizards, tortoise) from entering ditches. In addition, indirect affects to wildlife due to construction (timing of activity, clearing of rights-of-way, associated bridges and culverts, affects to wetlands, fences) should also be considered and mitigated.

Based on the project type entered, coordination with State Historic Preservation Office may be required (http://azstateparks.com/SHPO/index.html).

Based on the project type entered, coordination with U.S. Fish and Wildlife Service (Migratory Bird Treaty Act) may be required (http://www.fws.gov/southwest/es/arizona/).

Vegetation restoration projects (including treatments of invasive or exotic species) should have a completed site- evaluation plan (identifying environmental conditions necessary to re-establish native vegetation), a revegetation plan (species, density, method of establishment), a short and long-term monitoring plan, including adaptive management guidelines to address needs for replacement vegetation.

The Department requests further coordination to provide project/species specific recommendations, please contact Project Evaluation Program directly at [email protected].

Project Location and/or Species Recommendations: HDMS records indicate that one or more native plants listed on the Arizona Native Plant Law and Antiquities Act have been documented within the vicinity of your project area. Please contact: Arizona Department of Agriculture 1688 W Adams St. Phoenix, AZ 85007 Phone: 602.542.4373 https://agriculture.az.gov/sites/default/files/Native%20Plant%20Rules%20-%20AZ%20Dept%20of%20Ag.pdf starts on page 44

Page 11 of 12 Arizona Game and Fish Department project_report_sun_streams_expansion_35986_37166.pdf Project ID: HGIS-11229 Review Date: 5/26/2020 09:34:31 AM

HDMS records indicate that one or more Listed, Proposed, or Candidate species or Critical Habitat (Designated or Proposed) have been documented in the vicinity of your project. The Endangered Species Act (ESA) gives the US Fish and Wildlife Service (USFWS) regulatory authority over all federally listed species. Please contact USFWS Ecological Services Offices at http://www.fws.gov/southwest/es/arizona/ or:

Phoenix Main Office Tucson Sub-Office Flagstaff Sub-Office 9828 North 31st Avenue #C3 201 N. Bonita Suite 141 SW Forest Science Complex Phoenix, AZ 85051-2517 Tucson, AZ 85745 2500 S. Pine Knoll Dr. Phone: 602-242-0210 Phone: 520-670-6144 Flagstaff, AZ 86001 Fax: 602-242-2513 Fax: 520-670-6155 Phone: 928-556-2157 Fax: 928-556-2121

HDMS records indicate that Western Burrowing Owls have been documented within the vicinity of your project area. Please review the western burrowing owl resource page at: https://www.azgfd.com/wildlife/speciesofgreatestconservneed/burrowingowlmanagement/.

HDMS records indicate that Sonoran Desert Tortoise have been documented within the vicinity of your project area. Please review the Tortoise Handling Guidelines found at: https://www.azgfd.com/wildlife/nongamemanagement/tortoise/

Analysis indicates that your project is located in the vicinity of an identified wildlife habitat connectivity feature. The County-level Stakeholder Assessments contain five categories of data (Barrier/Development, Wildlife Crossing Area, Wildlife Movement Area- Diffuse, Wildlife movement Area- Landscape, Wildlife Movement Area- Riparian/Washes) that provide a context of select anthropogenic barriers, and potential connectivity. The reports provide recommendations for opportunities to preserve or enhance permeability. Project planning and implementation efforts should focus on maintaining and improving opportunities for wildlife permeability. For information pertaining to the linkage assessment and wildlife species that may be affected, please refer to: https://www.azgfd.com/wildlife/planning/habitatconnectivity/identifying-corridors/. Please contact the Project Evaluation Program ([email protected]) for specific project recommendations.

Analysis indicates that your project is located in the vicinity of an identified wildlife habitat connectivity feature. The Statewide Wildlife Connectivity Assessment’s Important Connectivity Zones (ICZs) represent general areas throughout the landscape which contribute the most to permeability of the whole landscape. ICZs may be used to help identify, in part, areas where more discrete corridor modeling ought to occur. The reports provide recommendations for opportunities to preserve or enhance permeability. Project planning and implementation efforts should focus on maintaining and improving opportunities for wildlife permeability. For information pertaining to the linkage assessment and wildlife species that may be affected, please refer to: https://s3.amazonaws.com/azgfd-portal-wordpress/azgfd.wp/wp- content/uploads/0001/01/23120719/ALIWCA_Final_Report_Perkl_2013_lowres.pdf. Please contact the Project Evaluation Program ([email protected]) for specific project recommendations.

Page 12 of 12

July 1, 2020

Mr. Adam Cannon, Planner Maricopa County Planning & Development Department 501 N. 44th Street, Suite 200 Phoenix, AZ 85008

RE: Sun Streams Expansion Project

Dear Mr. Cannon:

The Arizona Game and Fish Department (Department) has reviewed the Comprehensive Plan Amendments sent to Maricopa County. It is our understating Sun Streams Expansions, LLC is proposing the development of a PV solar generation facility with energy storage and associated facilities. It is estimated that the Project will generate approximately 450 megawatts (MWs) of solar generation and up to 300 MWs of battery storage with a total footprint of 3,225 acres. A new high voltage utility line would be needed from the site to the Chukar Substation located just east of the existing Hassayampa Switchyard, approximately 2 miles west of the southern portion of the Project site.

Under Title 17 of the Arizona Revised Statutes, the Department, by and through the Arizona Game and Fish Commission (Commission), has jurisdictional authority and public trust responsibilities for management of the state's fish and wildlife resources. It is the mission of the Department to conserve Arizona’s diverse fish and wildlife resources and manage for safe, compatible outdoor recreation opportunities for current and future generations. Therefore, the Department recommends the following be considered to minimize the potential impacts to wildlife habitat and populations resulting from the development and operation of the facility:

1. Surveys should be conducted for western burrowing owl. Burrowing owls commonly use the berms along agriculture fields to create their burrows. Survey protocols and guidelines exist at https://www.azgfd.com/wildlife/planning/wildlifeguidelines/. If they are present, contact the US Fish and Wildlife Service for further direction. 2. If wildlife is encountered during construction of the facility, it should be moved outside the project area within 1 mile of its original location. A scientific collecting permit is required for this activity. A permit can be obtained by emailing [email protected] for more information. If wildlife will need to be removed from the facility once it is operational, annual renewal of the permit will be required. Additionally, any wildlife mortalities should be reported to Andrew Cavalcant at [email protected] . 3. Artificial night lighting, which may be intensified by the collection mirrors, may attract insects and the species that prey on them (e.g. bats). It could also impair the ability of nocturnal animals to navigate and may negatively affect reptile populations. The

Sun Streams Expansion Project July 1, 2020 Page 2

Department recommends using only the minimum amount of light needed for safety. Narrow spectrum bulbs should be used as often as possible to lower the range of species affected by lighting. All lighting should be shielded, canted, or cut to ensure that light reaches only areas needing illumination. 4. For any powerlines built, proper design and construction of the transmission line is necessary to prevent or minimize risk of electrocution of raptors, owls, vultures, and golden or bald eagles, which are protected under state and federal laws. The Department requests perching structures be minimized to the extent possible to reduce impacts to prey species within the vicinity of the line. Additionally, it is recommended to consider using bird flight diverters. If not, the Department requests an impact analysis for potential increases in avian mortality that could result from this line. 5. The Department is concerned about the impacts that may occur to water resources from the project, specifically surface hydrology. Sonoran desert habitats and its associated fauna are highly dependent on the minimal precipitation received each year. The resulting sheet flows contribute significantly to the hydrology of areas where rain events often occur in isolated patches. Any disruptions to surface flows, both in washes and across uplands, could lead to broad scale mortality of desert vegetation and potentially change wildlife species distributions and abundance beyond the project footprint. The Department recommends avoiding all washes and/or changing the hydrology of the site. If this isn’t feasible, the Department requests an impact analysis be conducted to assess up and down stream impacts that may result from changes in flows. Retention basins may need to be installed and should be of an appropriate size based on the water infiltration rate for the soil types to mitigate excessive runoff. 6. Evaporation ponds could lead to inadvertent poisoning and/or accidental drowning of wildlife. The Department recommends fencing the perimeter and placing screens on the top to prevent wildlife from entering. Additionally, the Department recommends monitoring ponds for toxicity and developing contingency plans should wildlife mortality or toxicity occurs.

Thank you for the opportunity to provide comments on this proposed project. We look forward to continued communications with the county and the applicant regarding project development and implementation. Please contact me at 623-236-7222 or [email protected] you have any questions, or would like to further discuss our concerns and recommendations.

Sincerely,

Andrew Cavalcant Project Evaluation Project Specialist, Habitat Branch

Cc Ginger Ritter, Project Evaluation Program Supervisor AGFD ([email protected]) Kelly Wolff, Habitat Program Manager, Region VI AGFD ([email protected])

AGFD #M20-06011238 From: David Jacobs To: Adam Cannon (PND) Subject: CPA2020001 Sun Streams Expansion Solar Project Date: Friday, June 5, 2020 11:38:01 AM

Adam- The Arizona State Historic Preservation Office recently received notification of an application, CPA2020001, of the Sun Streams Expansion Solar Project for review. Our records indicate the acreage involved in the expansion has not been inventoried for cultural resources, and we recommend a qualified cultural resources specialist systematically survey the acreage in order to locate and evaluate any cultural resources that may be present. The applicant should be reminded of the Arizona State Law A.R.S. § 41-865; it requires that if human remains or burial goods are encountered during any ground-disturbing activities on private lands, work in the immediate vicinity must cease and the Director of the Arizona State Museum promptly notified. Our office looks forward to receiving a survey report for review, and appreciate your cooperation with this office in considering impacts to cultural resources situated in Arizona. If you have any questions, please contact me at 602-542-7140 or [email protected]. David Jacobs, Arizona State Historic Preservation Office From: David Jacobs To: Adam Cannon (PND) Subject: Sun Streams Expansion Solar Project Z2020075 Date: Thursday, October 8, 2020 4:31:45 PM

Adam- Thank you for sending materials related to the zone changes associated with the Sun Streams Expansion Solar Project. The expansion of the Sun Streams Solar Project involves several thousands of acres of State Trust Land, and was recently surveyed for cultural resources. Our office received and reviewed that survey required by ASLD in August, 2020, and concurred with its adequacy and findings of "no historic properties affected" for the project. Those findings are appropriate for the zone change. If you have any questions or concerns, please contact me at 602-542-7140 or via e-mail. David Jacobs, Arizona State Historic Preservation Office

Maricopa County Environmental Services Department Water and Waste Management

Subdivision Infrastructure & Planning Program DATE: May 29, 2020 1001 N. Central Avenue #150 Phoenix, Arizona 85004 Phone: (602) 506-1058 TO : Adam Cannon, Planning & Development Dept. Fax: (602) 506-5813 Planner TDD 602 506 6704 FROM: Souren Naradikian, P.E. Senior Civil Engineer

SUBJECT: Sun Streams Solar Major CPA. CPA2020001

The Maricopa County Environmental Services Department (MCESD) has reviewed documents received from the Maricopa County Planning and Development Department for the above referenced project. This project is a Comprehensive Plan Amendment to the Old U.S. Highway 80 Area Plan to allow for a proposed Sun Streams Solar Major CPA Expansion. The development would not result in use of ground water or CAP water. There will be no staff on site and sewer service will not be needed. The parcel is not located in the urbanized unincorporated area and is therefore, not regulated by the Maricopa County Stormwater Quality Program.

Based on the above, MCESD raised no concerns about this project to the Planning & Development Department in Accela Automation on May 29, 2020 and can allow the project to proceed at this time subject to the following stipulations:

Stipulations: None.

It should be noted that this document does not approve the referenced project. Comments are provided only as advisory to Maricopa County Planning and Development Department to assist staff to prepare a staff report. Other Maricopa County agencies may have additional requirements. Final review and approval will be made through Planning and Development Department procedures. Applicant may need to submit separate applications to the Maricopa County Environmental Services Department for approval of proposed facilities regulated by the Department. Review of any such application will be based on regulations in force at the time of application.

Adam Cannon (PND)

To: Rachel Applegate (PND) Subject: RE: 7/7/20 TAC Agenda

From: Angela Horn (DOT) Sent: Tuesday, June 30, 2020 12:54 PM To: Rachel Applegate (PND) Cc: Bob Fedorka (PND) ; Lynndsay ONeill (DOT) Subject: RE: 7/7/20 TAC Agenda

Hi Rachel,

Please see comments below from Systems Planning.

Item #1  Dobbins Road is a Principal Arterial that requires 65 feet.  There are several mid‐section and section line alignments that traverse this area. A site plan should be submitted to MCDOT for evaluation of future ROW requirements.

Did I provide excellent service? Tell us how we are doing.

Angela Horn Senior Planner Transportation Systems Management Office: 602.506.4176 Maricopa County Department of Transportation 2901 West Durango Street ▪ Phoenix, Arizona 85009 [email protected]

From: Rachel Applegate (PND) Sent: Tuesday, June 30, 2020 10:23 AM To: Angela Horn (DOT) ; Bob Fedorka (PND) ; Charles Hart (PND) ; Cristina Arzaga (BOS) ; Darren V. Gérard (PND) ; David Galaviz ‐ RISCX ; Denise Lacey (DOT) ; Erica Romero (RED) ; Jason Mahkovtz (DOT) ; Jen Pokorski (PND) ; Jessica May (DOT) ; Joseph Mueller (PND) ; Kathy Semder (COA) ; Kelly Roy (DOT) ; Kimera Caswell (PND) ; Larry Morden (PND) ; Laura Etter (BOS) ; Lynndsay ONeill (DOT) ; Matthew Holm (PND) 1 ; Michael Norris (PND) ; Michele Kogl (DOT) ; Michelle Montijo (BOS) ; Nicole Bendle (BOS) ; Page Gonzales (BOS) ; Rick BOHAN ‐ SHARED MAILBOX ; Scott Isham (BOS) ; Souren Naradikian (ENV) ; Stacey Lapp (PND) ; Tom Ewers (PND) Subject: 7/7/20 TAC Agenda

Reviewing agencies,

Attached with this e‐ mail includes the July 7th TAC agenda. Please coordinate review comments with the assigned planner.

Thanks, Rachel Applegate Senior Planner Planning & Development 602‐372‐0318 [email protected]

Rachel Applegate Senior Planner Maricopa County Planning & Development Department 501 N. 44th Street, Suite 200, Phoenix, AZ 85008 Desk: 602‐372‐0318 | Fax: 602‐506‐3711 [email protected]

2 From: Cindy Wiener To: Adam Cannon (PND) Subject: Re: CPA2020001 - 2nd Submittal - Sun Streams Expansion Solar Project Date: Wednesday, September 9, 2020 10:41:45 AM Attachments: image002.png image003.png

Good Morning, Thank you for your notice for the above-referenced development. ADOT is neutral on this matter. As such, ADOT has no comment. Kind Regards,

Cindy L. Wiener, Right of Way Agent Consultant

On Thu, Sep 3, 2020 at 2:41 PM Adam Cannon (PND) wrote:

Good afternoon all:

This e-mail serves as notification of an application we have received from Sun Streams Expansion, LLC for a Comprehensive Plan Amendment for the Sun Streams Expansion Solar Project. Applicable documents for review are available on the Online Permit Manager at: https://accela.maricopa.gov/CitizenAccessMCOSS/Default.aspx. You can search for the case by using the CPA case number CPA2020001.

Best regards,

Adam Cannon

Planner

Maricopa County Planning & Development Department

501 N. 44th Street, Suite 200, Phoenix, AZ 85008

Desk: 602-372-0292

[email protected] Douglas A. Ducey Lisa A. Atkins Governor Commissioner Arizona State Land Department 1616 West Adams, Phoenix, AZ 85007 (602)542-4631

April 30, 2020

Charlie Johnson First Solar Development, LLC 135 Main Street, 6th Floor San Francisco, CA 94105

RE: State Trust land located in T1N, R5W Sections 32, 33, 34 and T1S, R5W Sections 4, 9 Maricopa County ASLD Commercial Lease Application KE# 03-120611-99-100 Sun Streams Expansion, LLC, Maricopa County Comprehensive Plan Amendment and Rezoning

Dear Mr. Johnson:

The Arizona State Land Department (the “Department” or “ASLD”) has received your request for permission to act as authorized agent for the Department to apply to Maricopa County (the “Jurisdiction”) for a Maricopa County Comprehensive Plan Amendment (CPA) and Rezoning (the “Entitlements”) on State Trust land described above, to change the use from Rural Zoning (RU- 43) to Industrial with an Industrial Unit Plan of Development (IND-2 IUPD for a Photovoltaic Solar Project, as described in your email to ASLD dated April 2, 2020.

First Solar Development, LLC/Sun Streams Expansion, LLC its employees, representatives, agents, and/or consultants (hereinafter “Applicant”) therefore, has the Department’s consent to file for the Entitlements as required by the Jurisdiction, subject to the following conditions and understandings.

1. Applicant shall pay all costs associated with the Entitlements and shall not be reimbursed by the Department or by any subsequent purchaser at auction.

2. Applicant, their employees, representatives, agents, and/or consultants shall be permitted to act as the Department’s agents to procure the Entitlements and any related permits or approvals which may be required (the “Entitlement Process”), subject to final review and approval by the Department.

3. Applicant shall diligently pursue the satisfaction of all Entitlements. Further, it shall respond to all inquiries by the Department as to the status of the Entitlement Process and provide regular updates without formal request.

Serving Arizona’s Schools and Public Institutions Since 1915 www.azland.gov First Solar Development, LLC/Sun Streams Expansion, LLC April 30, 2020 Page 2

4. Prior to beginning the Entitlement Process, the Applicant shall provide the Department with an outline of the proposal and a timeline for the process which identifies key dates with the Jurisdiction or other jurisdictional agency staff and project hearing dates with any agency or jurisdiction. All documentation, including, but not limited to: land use plans, engineering drawings, application materials and development agreements, shall be submitted to the Department for approval prior to the date the documentation is filed with the approving jurisdiction. A copy of the application shall be submitted to the Department on the same day it is filed with the Jurisdiction or other jurisdictional agency.

5. The Department staff shall be invited, but not required to attend, all meetings with the various agencies, elected officials, and the Jurisdiction as the Entitlements are processed through relevant hearings. A minimum of five (5) business days’ notice shall be provided to Department staff in advance of any meeting.

6. Applicant shall submit to the Department all staff reports and draft stipulations that will be considered by the Jurisdiction on the day they are received by the Applicant, and at least ten (10) business days before each public meeting or hearing, if possible.

7. As additional consideration for the grant of this permission, all Entitlements and/or rights and permits obtained pursuant to the described applications are the property of the Department and will only be transferred to the successful bidder, if any, at the time the land is auctioned for sale or lease at some point in the future.

8. The Jurisdiction is authorized to enter and inspect the subject property.

9. This authorization may be revoked at any time without notice and in no way creates an obligation on the part of the Department of any kind.

All information will be provided to Raymond Moore, Sales and Commercial Leasing with a copy to Karen Dada, Planning and Engineering Section.

The Department appreciates your consideration in this matter and looks forward to working with you through this process. Please contact Raymond Moore at 602-364-1126 or [email protected] if you have any questions.

Sincerely,

Mark Edelman, AICP Director, Planning and Engineering cc: Raymond Moore, ASLD Sales & Commercial Leasing Karen Dada, ASLD Planning & Engineering

July 2, 2020 SENT VIA EMAIL

Adam Cannon, Planner Maricopa County Planning and Development Department 501 N. 44th Street, Suite 200 Phoenix, AZ 85008

Subject:

CPA2019014: Major Comprehensive Plan Amendment - Vulcan Solar Project CPA2020001: Major Comprehensive Plan Amendment - Sun Streams Expansion Project CPA2020002: Major Comprehensive Plan Amendment - Maricopa Solar & Storage Project

Dear Adam:

Thank you for the opportunity to review and comment on Maricopa County Major Comprehensive Plan Amendments CPA2019014, CPA2020001 and CPA2020002 for a number of solar energy projects in the county.

The three projects are located approx. 40-50 miles west of downtown Phoenix, AZ. The region is characterized by undeveloped desert areas, agriculture and sparse rural residential development. The region has a number of power generating stations (Palo Verde Generating Station, Harquahala Power Plant, Mesquite Generating Station, Redhawk Power Plant) and the proposed projects may be able to take advantage of existing power transmission infrastructure.

The addition of solar energy generation and storage projects should have minimal impact on surrounding properties and generation of renewable energy would be a benefit to the region. Pima County Development Services Department, Planning Division has no opposition to the proposed major comprehensive plan amendments.

Sincerely,

Mark Holden, AICP Principal Planner Pima County Development Services Department, Planning Division

From: Edward Boik To: Adam Cannon (PND) Cc: Terri Hogan Subject: Major Comp Plan Amendments Date: Wednesday, July 1, 2020 1:24:09 PM

The City of Buckeye has no comment regarding case #’s: CPA2020001, CPA2020002, CPA2019014. Please include the City on any future notices related to rezoning or entitling the project sites.

Ed Boik, AICP, Principal Planner City of Buckeye, AZ P: 623.349.6207 C: 623.693.0723 E: eboik@buckeyeaz,gov

This message contains confidential information and is intended only for the individual(s) addressed in the message. If you are not the named addressee, you should not disseminate, distribute, or copy this e-mail. If you are not the intended recipient, you are notified that disclosing, distributing, or copying this e-mail is strictly prohibited. From: Robert Busick To: Adam Cannon (PND) Subject: CPA2020001 - 2nd Submittal - Sun Streams Expansion Solar Project Date: Thursday, September 3, 2020 4:00:44 PM Attachments: image001.png

Good afternoon, Adam:

Regarding case CPA2020001, after reviewing the associated documents, the City of Buckeye has no comment.

Thank you,

Robert Busick | Planner I City of Buckeye | Development Services 530 E Monroe Ave| Buckeye, Arizona 85326 P 623-349-6242 | [email protected]

Monday-Thursday 7am-6pm CLOSED FRIDAYS 2020 Census – Everyone Counts in Buckeye! – ¡Todos Cuentan en Buckeye! – www.icount2020.info

10/27/2020

Maricopa County Board of Supervisors 301 West Jefferson Street Phoenix, Arizona 85003

Maricopa County Planning and Zoning Commission 501 N 44th Street Suite 200 Phoenix, AZ 85008

Re: Case Z2020075 and CPA2020001

Dear Maricopa County Supervisors and Commissioners,

I am writing to convey my strong support of the Sun Streams Expansion Solar Photovoltaic (PV) Project and to encourage its approval for Rezoning and a Comprehensive Plan Amendment.

The economic and social benefits of this project far outweigh its perceived impacts. The 385-megawatt Sun Streams Expansion project would use the clean, unlimited fuel source of the sun to generate enough energy to power approximately 92,000 homes.

The project will play an important role in overcoming the energy crisis. Not only will the project help to generate clean renewable energy here in Arizona, but it will also employ hundreds of people and inject millions of dollars into the state and local economy. The project will provide needed construction and service industry jobs. Construction and operation will create new demand for equipment and services from the local community.

We are seeing the benefits of solar energy all around us. Solar facilities like Sun Streams Expansion help clean up our air, protect our health, reduce the adverse effects of climate change, and inject economic stimulus to areas around Arlington and Maricopa County.

Thank you for your consideration – I am very excited about these projects and the benefits they will bring to our community.

Sincerely,

David Dean VP of Construction 602-885-4655 [email protected]

Address: 1353 S Vista Rd Apache Junction, AZ 85119 Web: blountco.com Phone: (480) 985-2112

10/27/2020

Maricopa County Board of Supervisors 301 West Jefferson Street Phoenix, Arizona 85003

Maricopa County Planning and Zoning Commission 501 N 44th Street Suite 200 Phoenix, AZ 85008

Re: Case Z2020075 and CPA2020001

Dear Maricopa County Supervisors and Commissioners, I am writing to convey my strong support of the Sun Streams Expansion Solar Photovoltaic (PV) Project and to encourage its approval for Rezoning and a Comprehensive Plan Amendment.

Thank you for your consideration – I am very excited about these projects and the benefits they will bring to our community.

Sincerely,

Steve Gotschall Sr. Project Manager McCarthy Building Companies 602-770-0463

Issue #: 185988 Last Name: MASCH First Name: DAVE Citizen Phone Number: N/A Information: Email Address: [email protected] Permit #: CPA2020001 details

Organization: Planning and Development history

Submitted By Baldonado, Rosemary on 24-Aug-2020 8:35PM 602-506-5128 history :

Division ID: PNDDevServ - Development Services Subject: Case # CPA2020001 Zoning Case# TBD

Description: To Whom it may concern,

I am once again writing you to find out the Status of Case # 2020001 We the residents of Tonopah are very interested in the intent of this project, I can assure you that we do not want another Hickman’s fiasco here is our community, and that we are all opposed to rezoning residential lots to commercial for the implantation of ugly useless solar fields.

Please respond with: Why did you purposefully excluded the hearing date that goes against governmental policy? We Demand to be provided the hearing date and a comprehensive reason why the hearing date was excluded... (it better be better than "Covid"). Why are you holding this hearing downtown (62 miles away) instead of at a location closer to the site so that residents could be in attendance? Like maybe the Saddle Mountain School Board Room. We Demand a new notice be placed immediately that includes the hearing date so residents can make arrangements to attend! I would also recommend you do radio & television ads advising residents of the hearing date since you were so underhanded in the notification.

As a concerned citizen I request that you complete an internal audit of your Planning & Development staff to ensure that discipline comes to those individuals responsible for ensuring that local residents would be unaware. This land absolutely needs to remain RU-43!!!

Contact Email Type: Division Development Services

Type:

SubType 1: Planning

SubType 2:

SubType 3:

SubType 4:

Assigned To: CustomerService, PND on 24-Aug-2020 8:35PM details

Adj Time 01:09 Open:

Total Time 01:09 Open: Open Issue Status: history

Priority: Medium

Responsibility Next Action: Planning on 24-Aug-2020 8:35PM details

Supporting Info

Notes

Cannon, Emailed copy of Issue to [email protected], Adam: 25-Aug-2020 Good morning Mr. Masch, 7:09AM I hope you are well. Thank you for your inquiry.

I believe that you have some misconceptions about the process so I wanted to reach out to you to clarify it for you.

1) We received an application for this Comprehensive Plan Amendment as part of an annual process. Applicants do not immediately get scheduled for hearing when they submit an application. The application goes through a review period and before it is given hearing dates, the application must address technical concerns of Maricopa County agencies. All cases that go before the Planning and Zoning Commission and Board of Supervisors go through this same process and again hearing dates are not set until the applicant is able to address agency concerns. 2) Once hearing dates are established, you will be notified directly as you have reached out to us. In addition, once the applicant has received sign-off, they will update the signs with hearing dates. This is part of the standard process.

3) Due to COVID concerns, the hearing may be conducted virtually; however, if restrictions are lifted then it is expected that the hearing will take place in the Board of Supervisors auditorium in downtown Phoenix. This location is where all hearings (COVID excepting) take place. Maricopa County is very large and there are other matters besides this case that the governing boards consider across the entirety of the County.

4) You may also view the case at the online portal: https://accela.maricopa.gov/CitizenAccessMCOSS/Default.aspx. Search for the case using the Comprehensive Plan Amendment case number CPA2020001.

5) I will contact the applicant to have them reach out to you about the content of the case.

Thank you. Please contact me if you have any further questions about the process. All questions regarding case content should be directed to the applicant.

Best regards,

Adam Cannon

Issue #: 184131 Last Name: Woloshin First Name: Steve Citizen Phone Number: 602-980-7603 Information: Email Address: [email protected] Permit #: CPA2020001 details

Organization: Planning and Development history

Submitted By Crawford, Roxanne on 20-Jul-2020 8:35AM history :

Division ID: PNDDevServ - Development Services Subject: Project Inquiry SUN STREAMS EXPANSION SOLAR PROJECT

Description: caller is wanting to know what the Zoning requirements are for the project.

He is a home owner near the project and is curious about this

Contact Phone Type: Division Development Services

Type:

SubType 1: Planning

SubType 2:

SubType 3:

SubType 4:

Assigned To: CustomerService, PND on 20-Jul-2020 8:35AM details

Adj Time 00:52 Open:

Total Time 00:52 Open: Open Issue Status: history

Priority: Medium

Responsibility Next Action: Planning on 20-Jul-2020 8:57AM details Zoning Plan Review on 20-Jul-2020 8:35AM details

Supporting Info

Notes

Cannon, Adam: Emailed copy of Issue to [email protected] 20-Jul-2020 9:27AM Good morning Steve,

Thank you for your inquiry. This project is not a zoning request at this stage. The first step is for an applicant to seek and obtain a Comprehensive Plan Amendment (CPA) approval to change the land use from Rural to Utilities. In the event CPA approval is received, the applicant will move forward with requesting a zone change. This zone change request is tailored to a specific plan of development and zoning requirements may be varied.

Applicable documents for case review are available on the Online Permit Manager at: https://accela.maricopa.gov/CitizenAccessMCOSS/Default.aspx. You can search for the case by using the Comprehensive Plan Amendment case number CPA2020001.

I will have the applicant reach out to you in order to answer questions you may have about the project.

Best regards,

Maricopa County Planning and Development

Issue #: 184189 Last Name: GARCIA First Name: JOSEPH Citizen Phone Number: 623 680-8984 Information: Email Address: [email protected] Permit #: CPA2020001 details

Organization: Planning and Development history

Submitted By Baldonado, Rosemary on 20-Jul-2020 5:52PM 602-506-5128 history :

Division ID: PNDDevServ - Development Services Subject: Fwd: information

Description: ------Forwarded message ------From: Joseph Garnica Date: Mon, Jul 20, 2020 at 2:22 PM Subject: information To:

Hi,

I am reaching out to see if you can give me some information on what this development is going to be. I attached a photo with information on it. The property is located on Salome Hwy & 339th Ave. We have property just adjacent to this location on the north.

There are several more signs down the street on Salome Hwy and on 339th Ave.

Thank you,

Joseph Garnica 623-680-8984

Contact Email Type: Division Development Services

Type:

SubType 1: Planning

SubType 2:

SubType 3:

SubType 4:

Assigned To: CustomerService, PND on 20-Jul-2020 5:52PM details

Adj Time 01:03 Open:

Attachments: ISSUETRAK_ __184189.PNG 20-Jul-2020 5:52PM

Total Time 01:03 Open: Open Issue Status: history

Priority: Medium

Responsibility Next Action: Planning on 20-Jul-2020 5:52PM details

Supporting Info

Notes

Cannon, Adam: Emailed copy of Issue to [email protected] 21-Jul-2020 7:03AM Good morning Joseph,

Thank you for your inquiry.

I will have the applicant reach out to you in order to answer questions you may have about the project.

Best regards,

Maricopa County Planning and Development

From: Adam Cannon (PND) To: Mariela Resendez Cc: Adam Cannon (PND) Subject: RE: CPA2020001 -- Public Hearing Question Date: Thursday, October 22, 2020 7:18:00 AM Attachments: image001.png image002.png image003.png

Good morning Mariela,

If the questions are process related with the case or related to participation at the hearing, you can contact me at my information below or send questions by e-mail. If the questions are about the content of the project, please direct those to [email protected] or 833-367- 7890.

Best regards,

Adam Cannon Planner Maricopa County Planning & Development Department th 501 N. 44 Street, Suite 200, Phoenix, AZ 85008 Desk: 602-506-3301 [email protected]

From: Mariela Resendez Sent: Wednesday, October 21, 2020 7:22 PM To: Adam Cannon (PND) Subject: CPA2020001 -- Public Hearing Question

Hello Adam,

I was wondering if you could tell me where I could submit questions in regards to the Sun Streams Expansion Solar Project.

We only have a couple of questions that we wish to be addressed.

Thank you,

Mariela Resendez 623-455-0832