STATE OF CALIFORNIA—NATURAL RESOURCES AGENCY EDMUND G. BROWN, JR., GOVERNOR CALIFORNIA COASTAL COMMISSION 45 FREMONT, SUITE 2000 SAN FRANCISCO, CA 94105- 2219 VOICE (415) 904- 5200 FAX ( 415) 904- 5400 TDD (415) 597-5885 Th11a July 10, 2017 To: Coastal Commissioners and Interested Persons From: Alison Dettmer, Deputy Director Joseph Street, Senior Environmental Scientist Subject: Addendum to 9-17-0408 – Pacific Gas & Electric (PG&E) This addendum provides revisions and a number of minor edits and corrections to the staff report. These revisions do not change staff’s recommendation that the Commission conditionally approve the coastal development permit. On June 28 and 29, 2017, staff received comments submitted by Janet Eidsness, Tribal Heritage Preservation Officer for the Blue Lake Rancheria, and Tom Torma, Cultural Director for the Wiyot Tribe, recommending the inclusion of a special condition requiring implementation of an inadvertent archaeological discovery protocol and archaeological resources training for project field contractors in order to protect Wiyot cultural resources with potential to occur at project sites (see attached Correspondence). Special Condition 10 included submittal of an inadvertent archaeological discovery protocol for the Executive Director’s review and approval, but did not require worker training. As described below, staff recommends that a requirement for pre- project archaeological resources training be added to Special Condition 10. On July 2 and 3, 2017, staff received comments from the applicant, PG&E, requesting several changes to the staff recommendation and providing several corrections to the description of the proposed vegetation removal activities (see attached Correspondence). In particular, PG&E requested the following significant modifications: (1) Inclusion of a specified period of review for all special conditions involving the Executive Director’s review and approval of submitted plans or other materials; (2) Removal of the requirement that the Executive Director review and approve the sensitive species Survey Plan included in Special Condition 4; (3) Modification of Special Condition 6 (Protection of Breeding and Nesting Birds) to allow for the use of an existing PG&E Nesting Bird Management Plan that includes species-specific buffers. In Addendum – 9-17-0408 (PG&E) Page 2 of 12 response to these comments, staff recommends a number of revisions to the staff report, as summarized below. Proposed Revisions to the Staff Report The proposed revisions below are recommended findings and will be incorporated into relevant portions of the staff report as adopted findings. Additions are shown below in bold underline and deletions in strikethrough. Summary, Page 2, paragraph 2: … In total, the project would result in the clearing of 1.15 1.24 acres of riparian vegetation and 0.055 acres of wetland vegetation in ESHA, as well as the removal of 83 107 riparian trees and 149 159 large conifers … … Special Conditions 3, 4, 6, and 11 require pre-construction project surveys to identify sensitive plants and animals … … Special Condition 5 requires biological monitoring to prevent impacts to sensitive species during construction project activities. Page 4, Standard Conditions: 1. Notice of Receipt and Acknowledgment. The permit is not valid and development shall not commence until a copy of the permit, signed by SCE the Permittee or authorized agent … … 5. Terms and Conditions Run with the Land. These terms and conditions shall be perpetual, and it is the intention of the Commission and SCE the Permittee to bind all future owners … Page 5, Special Condition 2: 2. Project Biologist – Qualifications and Responsibilities. PRIOR TO THE COMMENCEMENT OF PROJECT ACTIVITIES, the Permittee shall appoint one or more Biologists to implement mitigation measures of the approved project. The appointments shall be submitted to the Executive Director for review and approval; the Executive Director shall conduct this review of qualifications within 30-days of submittal. The Biologist(s) are to be approved by the Executive Director and must meet the following minimum qualifications … Page 5, Special Condition 3: (1) Project Limits … Project limit boundaries shall be shown on all project maps and drawings and clearly marked in the field prior to project activities, and work outside these limits shall be avoided during construction project activities. 2 Addendum – 9-17-0408 (PG&E) Page 3 of 12 Pages 6-7, Special Condition 4: 4. Pre-Construction Project Biological Surveys & Sensitive Species Protection. … B. PRIOR TO THE COMMENCEMENT OF THE SURVEYS, the Permittee shall submit, for the Executive Director’s review and approval, a Survey Plan … The Executive Director shall complete the required review within 30 days. C. If sensitive species are determined to be present at a site, the Permittee shall implement the following requirements: … (2) … If the required vegetation removal does not allow for a 25-foot buffer, the maximum possible buffer shall be used, along with the implementation of additional protective measures, such as the erection placement of fencing or, barriers or stakes between the sensitive plant species and project work areas., as necessary to protect the sensitive plant(s). … (4) At work project sites where sensitive wildlife species are identified as present in the project area, the Permittee shall use appropriate barriers to movement (e.g., construction fencing or barricades) or setbacks to minimize wildlife movement into active construction project areas. Page 7, Special Condition 6: 6. Protection of Breeding and Nesting Birds. All project activities shall occur outside of the bird breeding season (February 15 through August 31) to the maximum extent feasible. If project activities between February 15 and August 31 cannot be avoided, within one week of the commencement of any new project activity, the Project Biologist(s) shall conduct nesting surveys at all sites where such activities would occur, and within a 500-foot radius of these sites. If breeding is observed or active nests located, no project activities or other disturbance shall occur within 300 feet (500 feet for raptors) of the breeding habitat or nests until any young birds have fledged and left the area. 6. Final Nesting Bird Protection Program. A. PRIOR TO COMMENCEMENT OF ANY VEGETATION MAINTENANCE ACTIVITIES BETWEEN FEBRUARY 15 AND AUGUST 31, the Permittee shall submit, for the 30-day review and approval of the Executive Director, a final Nesting Bird Protection Program (Program), prepared by a qualified biologist, for conducting seasonal surveys for bird nesting at project sites, and 3 Addendum – 9-17-0408 (PG&E) Page 4 of 12 protecting such habitat from project impacts. The Program shall provide, at a minimum, for the following: (1) Surveys for the presence of active nesting at all sites where vegetation maintenance would occur during the nesting season (February 15 through August 31), and within the surrounding area out to a distance corresponding to the largest species-specific buffer identified under (3), below. Surveys shall be conducted by the qualified Biologist(s) identified under Special Condition 2 (above), and completed within two weeks of the commencement of vegetation maintenance activities at a given site. (2) Avoidance (no removal) of any tree or shrub supporting active bird nesting until after the end of the breeding season, or fledging has occurred. (3) Establishment of species-specific buffers around active nests or breeding areas, within which no project activities or other disturbance shall occur until any young birds have fledged and left the area. The size of the buffer(s) shall be provided for in the Program, and determined based on the best available information (i.e., scientific literature, CDFW and/or USFWS guidance, and expert opinion) on the needs and sensitivity of each species with potential to occur in the project areas. If pre-project surveys identify a nesting bird species for which no buffer has been provided for in the Program, a default exclusion area of 300 feet (500 feet for raptors) from the active nest or breeding area shall be established. The Project Biologist(s) shall be present on site during all vegetation maintenance activities to (a) enforce the protective buffers, and (b) monitor active nests and breeding birds for signs of distress or abnormal behavior. If signs of distress or disturbance are observed, the Biologist(s) shall have discretion to enlarge the buffers, halt project activities, or implement other measures necessary to protect active nests and breeding. B. The Permittee shall undertake development in accordance with the approved final Nesting Bird Protection Program. Any proposed changes to the approved Program shall be reported to the Executive Director. No changes to the approved final Program shall occur without an amendment to Coastal Development Permit No. 9-17-0408, unless the Executive Director determines that no amendment is legally required. Page 7-8, Special Condition 7: 7. Habitat Mitigation Plan. PRIOR TO THE COMMENCEMENT OF PROJECT ACTIVITIES, the Permittee shall submit to the Executive Director for review and approval a Habitat Mitigation Plan … The Executive Director shall complete the required review within 30 days. A. Restoration Requirements: The Mitigation Plan shall provide for the following: 4 Addendum – 9-17-0408 (PG&E) Page 5 of 12 (1) Restoration of at least 3.45 3.7 acres of riparian woodland or scrub habitat, including a minimum of 249 321