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DOCKET 08-AFC-13C Case No DOCKET 08-AFC-13c Case No. S189387 DATE RECD. JAN 13 2011 IN THE SUPREME COURT OF THE STATE OF CALIFORNIA SIERRA CLUB, Petitioner, v. CALIFORNIA ENERGY RESOURCES CONSERVATION AND DEVELOPMENT COMMISSION, Respondents, TESSERA SOLAR NORTH AMERICA, INC.; CALICO SOLAR, LLC Real Parties in Interest After a Decision of the Energy Resources Conservation and Development Commission of the State of California Docket No. 08-AFC-13, Order No. 10-1028-03 REAL PARTY IN INTEREST’S APPENDIX VOLUME 1 (PAGES 1-219) Ella Foley Gannon (SBN 197591) Barbara J. Schussman (SBN 142352) Bingham McCutchen LLP Three Embarcadero Center San Francisco, CA 94111-4067 Telephone: 415.393.2000 Facsimile: 415.393.2286 [email protected] [email protected] Attorneys for Real Party in Interest, CALICO SOLAR, LLC SIERRA CLUB V. CALIFORNIA ENERGY RESOURCES CONSERVATION AND DEVELOPMENT COMMISSION (CASE NO. S189387) Real Party in Interest’s Appendix CHRONOLOGICAL TABLE OF CONTENTS DATED DESCRIPTION Vol./Pages 06/28/2010 Desert Tortoise Translocation Plan, Calico 1: 1-38 Solar Project (Revised Draft Plan) 08/09/2010 Calico Solar Power Project Supplemental 1: 39-219; Staff Assessment, Part II 2:220-298 12/01/2010 Commission Decision (Excerpt): 2: 299-318 • Appendix B: Final Exhibit List ALPHABETICAL TABLE OF CONTENTS DATED DESCRIPTION Vol./Pages 08/09/2010 Calico Solar Power Project Supplemental 1: 39-219; Staff Assessment, Part II 2:220-298 12/01/2010 Commission Decision (Excerpt): 2: 299-318 • Appendix B: Final Exhibit List 06/28/2010 Desert Tortoise Translocation Plan, Calico 1: 1-38 Solar Project (Revised Draft Plan) i A/73631007.1 REVISED DRAFT PLAN DESERT TORTOISE TRANSLOCATION PLAN CALICO SOLAR PROJECT Prepared for Tessera Solar North America 4800 N. Scottsdale Road, Suite 5500 Scottsdale, AZ 85251 URS Project No. 27658189.20002 July 28, 2010 1615 Murray Canyon Road, Suite 1000 San Diego, CA 92108-4314 619.294.9400 Fax: 619.293.7920 RP000001 TABLE OF CONTENTS Section 1 Introduction ......................................................................................................1-1 1.1 Project Background ...............................................................................................1-1 1.2 Plan Goals..............................................................................................................1-4 Section 2 Translocation Plan ...........................................................................................2-1 2.1 Consistency with Agency Guidelines....................................................................2-1 2.2 Exclusionary Fencing ............................................................................................2-6 2.3 Clearance Surveys .................................................................................................2-8 2.4 Tortoise Handling and Transport.........................................................................2-10 2.5 Translocation < 500 meters .................................................................................2-14 2.6 Long-Distance Translocation Greater than 500 meters .......................................2-17 2.7 Translocation Schedule........................................................................................2-19 2.8 Monitoring and Reporting ...................................................................................2-22 Section 3 Contingency Planning and Contacts..............................................................3-1 Section 4 References ........................................................................................................4-1 W:\27658189\70006-c-r.doc28-Jul-10\SDG i RP000002 List of Tables, Figures and Appendices Tables Table 1 2010 Desert Tortoise Observations on Calico Solar Project Site Original Footprint Table 2 2010 Desert Tortoise Observations on Calico Solar Project Site Preferred Agency Alternative 1a Table 3 Preliminary List of Agency-Approved Desert Tortoise Biologists Table 4 Desert Tortoise Clearance Survey Schedule Table 5 Preliminary Schedule: Calico Solar One Tortoise Translocation Table 6 Contacts for the Calico Solar Desert Tortoise Translocation Plan Figures Figure 1 General Vicinity Map Figure 2 Proposed Desert Tortoise Translocation Eligibility and Recipient Areas Figure 3 Proposed Desert Tortoise Long Distance Translocation Recipient Areas Figure 4 Land Use and Ownership of Relevant Recipient and Control Areas Figure 5 Proposed Translocation Recipient Areas, Vegetation and Desert Tortoise Locations Figure 6 Desert Tortoise Survey Areas and Results, Spring 2010 Figure 7 Desert Tortoise Burrow Detections on the Project Site, Spring 2010 Figure 8 Desert Tortoise Temporary and Permanent Fencing Figure 9 Desert Tortoise Habitat Quality Map Appendices Appendix A Calico Solar Biological Assessment Appendix B Calico Solar Supplemental Biological Assessment Appendix C Desert Tortoise Survey Results Letter Report, 2010 Appendix D Calico Solar Biological Opinion Appendix E Guidelines for Desert Tortoise Translocation (USFWS 2010) Appendix F Recommended Specifications for Desert Tortoise Exclusionary Fencing W:\27658189\70006-c-r.doc28-Jul-10\SDG ii RP000003 List of Acronyms and Abbreviations °F Fahrenheit ACEC Area of Critical Environmental Concern BLM Bureau of Land Management BO Biological Opinion CDFG California Department of Fish and Game CEC California Energy Commission DETO desert tortoise DTCC Desert Tortoise Conservation Center DTRO Desert Tortoise Recovery Office DWMA Desert Wildlife Management Areas GPS global positioning system I-40 Interstate 40 km kilometers m meter mm millimeter MCL midline carapace length mph miles per hour MW megawatts NAP not a part Project SES Calico Solar Project PPA Power Purchase Agreement ROD Record of Decision ROW right-of-way URS URS Corporation URTD upper respiratory tract disease USFWS U.S. Fish and Wildlife Service USGS United State Geological Survey WSA Wilderness Study Area W:\27658189\70006-c-r.doc28-Jul-10\SDG iii RP000004 SECTIONONE Introduction SECTION 1 INTRODUCTION 1.1 PROJECT BACKGROUND 1.1.1 Project Description Summary The Calico Solar Project (Project) includes the construction, operation, maintenance, and abandonment of an 850-megawatt (MW) solar power generating facility and its ancillary systems. The original Project footprint encompassed 8,230 acres, but has been reduced in size to 6,215 acres based on discussions with the wildlife agencies (Bureau of Land Management, United States Fish and Wildlife Service, Department of Fish and Game, and the California Energy Commission). The smaller footprint facility would be constructed in two phases: Phase 1 would be 275 MW and would cover approximately 2,327 acres; Phase 2 would be 575 MW and would cover approximately 3,887 acres. Project phasing is based on this translocation plan schedule. The Project (both size footprints) would consist of approximately 34,000 SunCatcher™ solar dishes. Construction is tentatively scheduled to occur over an approximate five-year period beginning in 2010 through 2012 for Phase 1 and between 2013 and 2015 for Phase 2. Based on input from the U.S. Fish and Wildlife Service's Desert Tortoise Recovery Office (DTRO) and the wildlife agencies, the northern boundary of the original Project site was modified to include an approximate 4,000-foot desert tortoise linkage between the Project (exclusive of all detention basins) and the base of the Cady Mountains. To accommodate this modification, the detention basins were re- configured to extend east to west along the northern Project boundary and the boundary between Phases 1 and 2, which allows the detention basins to be included within the Project fenceline (chain link and tortoise exclusion fencing) and outside of the 4,000-foot wildlife linkage. The detention basin design also maintains the natural drainage patterns of the site. Additional modifications were made to the overall original project footprint, resulting in a decrease in project acreage to 6,215 acres (a 2,015-acre reduction from the original 8,230 acre footprint). Several support facilities were adjusted, and the remainder of the Phase two solar field footprint was decreased to avoid the majority of the sensitive biological and flood- prone areas of the site and minimize the distance needed for desert tortoise (Gopherus agassizii; DETO) translocation. This new footprint will allow the Applicant to meet the requirements of the power purchase agreement PPA, avoid environmentally sensitive areas, reduce the loss of desert tortoise habitat, reduce direct impacts to individual tortoises, avoid or reduce impacts to special status plants, and pull away from the toe of the Cady Mountains. 1.1.2 Project Location The Project is located in an undeveloped area of San Bernardino County, California, approximately 37 miles east of Barstow, California and north of Interstate 40 (I-40; Figure 1). The Project is located primarily on public land administered by the Bureau of Land Management (BLM), under the jurisdiction of the BLM Barstow Field Office. The 6,215-acre area in which the Project would be constructed is primarily open, undeveloped land within the Mojave Desert between approximately 1,810 and 3,050 feet (550 and 930 meters) above mean sea level. The Cady Mountain Wilderness Study Area (WSA) is located north of the Project site. The Pisgah Crater, within the BLM-designated Pisgah Area of Critical Environmental Concern (ACEC), is located south and east of the Project. Several underground and aboveground utilities traverse the area. W:\27658189\70006-c-r.doc\28-Jul-10\SDG
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