Ocotillo Wind Energy Facility

Transcription

1 Ocotillo Wind Energy Facility Peninsular Bighorn Sheep Mitigation and Monitoring Plan April 30, 2012 Prepared for: Ocotillo Express LLC 1600 Smith Street, Ste Houston, TX Prepared by: HELIX Environmental Planning, Inc El Cajon Boulevard, Suite 200 La Mesa, CA 91942

2 Ocotillo Wind Energy Facility Peninsular Bighorn Sheep Mitigation and Monitoring Plan TABLE OF CONTENTS Section Title Page 1.0 INTRODUCTION Project Description Project Location Action Area PBS Population in Action Area Suitable PBS Habitat in Project Area Ongoing PBS Monitoring Study IMPACTS SUMMARY Description of Permanent Project Features Description of Temporary Disturbance Areas Minimization of Impacts Impacts to Suitable PBS Habitat SUMMARY OF MITIGATION MEASURES Draft EIS-EIR Mitigation Measures Draft Biological Opinion Conservation Measures MONITORING AND REPORTING PLAN Biological Monitors Designated Biologist Biological Monitor(s) Bighorn Sheep Monitor ABOCC Monitor Construction Monitoring Program O&M Monitoring Program Construction and O&M Limitations Construction Activities within Essential Habitat Construction Activities during PBS Lambing Season Construction and O&M Activities when PBS are Detected Reporting Procedures PBS Sightings Daily Reports Monthly Compliance Report Annual Compliance Report Annual PBS Status Report (O&M Only)...15 i

3 TABLE OF CONTENTS (cont.) Section Title Page 5.0 PBS MOVEMENT STUDY METHODS Survey Areas Survey Methods Annual Survey Reports SUMMARY OF PBS MITIGATION On-site Mitigation Off-site Compensatory Mitigation PBS Study and Research Fund REFERENCES...20 LIST OF FIGURES No. Title Follows Page No. 1 Regional Location Map Project Location Map Action Area Site Plan Action Area and Peninsular Bighorn Sheep Habitat Project Area and Peninsular Bighorn Sheep Habitat Peninsular Bighorn Sheep Survey Areas Carrizo Marsh: Preliminary Tamarisk Removal Plan...18 LIST OF TABLES No. Title Page No. 1 Proposed Action Components and Maximum Disturbance Acreages...4 ii

4 1.0 INTRODUCTION This Peninsular Bighorn Sheep (PBS; Ovis canadensis nelsoni) Mitigation and Monitoring Plan (MMP) has been developed to describe the PBS monitoring and reporting requirements during the construction, operation and maintenance (O&M), and decommissioning of the proposed Ocotillo Wind Energy Facility (OWEF), as required by the Bureau of Land Management (BLM), U.S. Fish and Wildlife Service (USFWS), and California Department of Fish and Game (CDFG). This PBS MMP describes the monitoring and reporting procedures and construction and O&M limitations that will be implemented if sheep are observed within the proposed OWEF site. This MMP is designed to fulfill Mitigation Measure Wild-1s in the Final Environmental Impact Statement/Final Environmental Impact Report (Final EIS/EIR) for the Ocotillo Wind Energy Facility (BLM 2012). The intent of this PBS MMP is to provide an adaptive strategy for monitoring PBS during and following construction to allow the flexibility to modify monitoring techniques if improved methods can be implemented. 1.1 PROJECT DESCRIPTION Pattern Energy Group, through Ocotillo Express LLC (OE LLC) proposes to construct, operate, maintain, and decommission of up to a 315 megawatt (MW) wind energy facility within an approximately 12,484-acre project area near the town of Ocotillo, Imperial County, California (Figure 1). Facilities for the OWEF would consist of 112 wind turbine generators (WTGs), above-ground and below-ground electrical transmission/collection systems for collecting the power generated by each WTG, an electrical substation, interconnection switchyard, access roads, up to 3 meteorological towers, a biological monitoring observation tower, and an O&M building. The dimensions of proposed WTGs include a hub height of 80 meters (262 feet) and a rotor diameter of meters ( feet). The expected operation life of the OWEF will be 30 years, consistent with the BLM right-of-way grant. 1.2 PROJECT LOCATION The project is located almost entirely on public land managed by the BLM within 4 U.S. Geological Survey 7.5-minute quadrangle maps: Carrizo Mountain, Coyote Wells, In-Ko-Pah Gorge, and Painted Gorge (Figure 2). The northern portion of the study area (Site 1) is generally situated north of Interstate 8 (I-8), from the Imperial/San Diego County border of its western edge to approximately 1.5 miles northeast of the town of Ocotillo on its eastern edge. The northern area includes several distinct features, including a portion of the I-8 Island, which is undeveloped rocky and hilly terrain between the eastbound and westbound lanes of I-8, Sugarloaf Mountain, and a portion of the San Diego and Arizona Eastern railroad tracks (Figure 2). County Route (CR) S2 bisects the northern project area, and I-8 passes through the southern portion of the northern project area. The southern area (Site 2) is much smaller than the northern area and the majority is south of State Route (SR) ACTION AREA Under the implementing regulations for Section 7(a)(2) of the federal Endangered Species Act (ESA), the Action Area is defined as the reach of direct and indirect effects of the OWEF Peninsular Bighorn Sheep Mitigation and Monitoring Plan for the Ocotillo Wind Energy Facility / PEG-01 / May 1,

5 project. The Action Area is much larger than the OWEF project because PBS are wide-ranging mammals that occur over large areas to meet their resource needs; hence effects to PBS need to be considered on a landscape level. Therefore, the OWEF Action Area includes the approximately 12,484-acre project area and the area within 10 miles of the project, which includes the surrounding Coyote, In-Ko-Pah, and Jacumba Mountains, and the desert floor to the east and south of the project to the Mexico border (Figure 3). The OWEF site plan is shown in Figure PBS POPULATION IN ACTION AREA Within the Action Area, PBS are known to occur to the north, west, and south of the Project Area (Figure 5); these animals are associated with the Carrizo Canyon/Tierra Blanca Mountains/Coyote Mountains PBS population, as described in the recovery plan for the species (USFWS 2000). The USFWS data on PBS locations and the unpublished data from the CDFG radio-collar tracking study (2009-present) indicate that the main movement corridor between Carrizo Gorge and the I-8 Island is through the 2 Devil s Canyon undercrossings of I-8 (Figure 5). Three of the 6 radio-collared ewes used the portion of the I-8 Island directly adjacent to Site 1 for lambing sites in 2010 (Figure 5). Other ewes have been observed using the area for lamb rearing. With the exception of the I-8 Island, the USFWS database and the CDFG tracking study have not documented PBS within the Project Area. A number of PBS, which migrate seasonally to the Coyote Mountains, have been radio-collared and monitored monthly since 2009 by CDFG using fixed-wing aircraft. The point locations obtained from this effort indicate that PBS move seasonally between Carrizo Gorge and the Coyote Mountains using Sweeney Pass (R. Botta, CDFG, pers. comm as cited in USFWS 2010a), which is located on Imperial Highway (County Highway S2) northwest of the main portion of the Coyote Mountains and approximately 6 miles northwest of the Project Area. No intermountain movements by PBS from the Coyote Mountains south to the Jacumba Mountains, Sierra Cucapa, or Sierra Juarez have been documented (USFWS 2010a). 1.5 SUITABLE PBS HABITAT IN PROJECT AREA For the purposes of this plan, suitable habitat is equated with USFWS-described Essential Habitat (USFWS 2000) within the Project Area, which is the manner in which USFWS defined suitable habitat for the Sunrise Powerlink Project (USFWS 2010b), which will cross through the northern portion of the project area. The southwest portion of Site 1, the west-central portion of Site 1, and the southwest portion of Site 2 contain suitable habitat (Figure 6). Suitable habitat is any area within 800 m (one-half mile) of slopes equal to or greater than 20 percent. 1.6 ONGOING PBS MONITORING STUDY A focused PBS monitoring study is currently being implemented by the Western Tracking Institute (WTI) and HELIX Environmental Planning, Inc. (HELIX) to add to the baseline information on PBS use and movement within and adjacent to the proposed OWEF site. The PBS study was initiated in spring 2011 at the request of OE LLC to add to the baseline PBS information collected for the project. The monitoring study is being conducted through focused Peninsular Bighorn Sheep Mitigation and Monitoring Plan for the Ocotillo Wind Energy Facility / PEG-01 / May 1,

6 RIVERSIDE COUNTY IMPERIAL COUNTY Palo Verde Bombay Beach Yè Salton City Salton Sea AÌ Niland A A Yï Calipatria AÌ AÎ ARIZONA CALIFORNIA SAN DIEGO COUNTY Y IMPERIAL COUNTY "_$ Ocotillo Yô Plaster City "_$ Project Area Dixieland AÂ I:\ArcGIS\A\AEG-09 Ocotillo\Map\BIO\PBS_Mitigation_Plan\Fig1_Regional.mxd -EV Westmoreland Seeley Yî Yï A A³ A³ Imperial Brawley El Centro AÌ Heber Calexico Yì Yí Yô "_$ AÎ AÂ Holtville AÎ Yò "_$ A UNITED STATES MEXICO Yó "_$ Co Winterhaven lorado River Yé µ Miles Regional Location Map OCOTILLO WIND ENERGY FACILITY Figure 1

7 IMPERIAL COUNTY SAN DIEGO COUNTY Project Site 3,500 I:\ArcGIS\A\AEG-09 Ocotillo\Map\BIO\PBS_Mitigation_Plan\Fig2_Location.mxd -EV 1,750 µ Job No: PEG-01 0 Date: 10/11/11 3,500 Feet Project Location Map OCOTILLO WIND ENERGY FACILITY Figure 2

8 Action Area SAN DIEGO COUNTY IMPERIAL COUNTY 10 Miles Site 1 Project Area Site 2 I:\ArcGIS\A\AEG-09 Ocotillo\Map\BIO\PBS_Mitigation_Plan\Fig3_ActionArea.mxd -EV 13,000 6,500 µ Job No: PEG-01 0 Date: 10/11/11 13,000 Feet Action Area OCOTILLO WIND ENERGY FACILITY Figure 3

9 Project Boundary Project Impacts Permanent Impacts IMPERIAL COUNTY SAN DIEGO COUNTY Temporary Impacts ( W ( P 17 m al C a ny W O&M Area Imp eri a 176 l Hi ghw Can Palm yon Was Staging Area $ _ " Sugarloaf Mountain M r ye C r k ee W as $ _ " h C 78 o yo te W a sh  A yo n a vi l' s C 115 ( e Date: 03/26/ Feet I:\ArcGIS\A\AEG-09 Ocotillo\Map\BIO\PBS_Mitigation_Plan\Fig4_SitePlan.mxd -EV Wash Palm Canyon , ay n D Job No: AEG h 120 µ ( 118 1, , Substation/Switchyard h as on Batch Plant/ Laydown/ Parking Area Shell Canyon Road 173 Permanent Meteorological Tower $ _ " Site Plan OCOTILLO WIND ENERGY FACILITY Figure 4

10 SAN DIEGO COUNTY IMPERIAL COUNTY 10 Miles W lm Pa C sh Wa on any $ _ " er My ^ k^ kk ^ ^ ^ sh Wa ek e r C te yo Co sh Wa ^^ PBS Habitat and Locations  A PBS Essential Habitat PBS Critical Habitat 13,000 6,500 µ Job No: PEG-01 0 Date: 03/29/12 ^ ^ PBS Locations (USFWS Database) PBS Locations (HELIX 2010) PBS Locations (HELIX/WTI 2011) PBS 2010 Lambing Areas (CDFG Data) Project Information k 13,000 Feet I:\ArcGIS\A\AEG-09 Ocotillo\Map\BIO\PBS_Mitigation_Plan\Fig5_ActionArea_PBS.mxd -EV U.S.A. MEXICO Action Area Project Area Permanent Impacts Temporary Impacts Action Area and Peninsular Bighorn Sheep Habitat OCOTILLO WIND ENERGY FACILITY Figure 5

11 Ewe 3/10/2011 3,500 1,750 µ Job No: PEG-01 0 Date: 03/29/12 26 ^^ ^^ ^ 5 Individuals 3/25/ Adults, 1 Lamb 4/15/ N HE EVA ^ ^ 3,500 Feet I:\ArcGIS\A\AEG-09 Ocotillo\Map\BIO\PBS_Mitigation_Plan\Fig6_ProjectArea_PBS.mxd -EV 3 Rams 6/9/2011 PBS Essential Habitat PBS Critical Habitat Adults, 2 Lambs 3/12/ Ewe, 3 Lambs 3/12/ ^ PBS Location (USFWS Database) Y PBS Habitat and Locations 120 HW WES Individuals 3/24/2010 k k^ ^k 1 Ram 6/9/ Individuals 3/25/ IMPERIAL HWY Shell Canyon Road 173 k STA PBS Locations (HELIX 2010 Observations) TE HW Y9 PBS 2010 Lambing Areas (CDFG Data) 8 PBS 1200 Meter Lambing Buffer 2011 PBS Tracking Study - HELIX/WTI Fresh PBS Location Sign Observation Historic PBS Location Sign Observation PBS Locations Project Information ^ Project Area Permanent Impacts Temporary Impacts Project Area and Peninsular Bighorn Sheep Habitat OCOTILLO WIND ENERGY FACILITY Figure 6

12 searches for PBS and PBS sign in suitable habitat within and adjacent to the project site. The PBS Survey Areas encompassed off-site areas in order to understand PBS use and movement in the areas adjacent to the Project Area. The study was initiated in March 2011 and was an initial scouting period that was conducted to discover any fresh or historic PBS evidence, recognize potential PBS travel routes and areas of preference, and find locations of PBS presence. Follow up on-the-ground detailed searches for PBS and PBS sign have continued approximately every 3-4 weeks with a goal of understanding seasonal movements of PBS within and adjacent to the project site. In addition, 13 motion-sensitive cameras have been installed throughout the survey areas to help document PBS. The PBS monitoring study has documented PBS adjacent to the project site in several locations: the Coyote Mountains north of the project, the rocky terrain between the westbound lanes of I-8 and the project boundary, and in the I-8 Island. Additional fresh PBS sign has been documented along Devil s Canyon south of Site 1, in Mortero Canyon west of Site 1, in the Coyote Mountains north of Site 1, and in the rocky terrain west of Site 2. Historic PBS sign has been documented within each of the 3 PBS survey areas, although nearly all of the historic sign occurs outside of the Project Area (Figure 6). Monitoring results from late summer and fall have suggested that PBS may occasionally pass through the northwest portion of Site 1 as part of a travel route between Carrizo Gorge and the Coyote Mountains. The data from this ongoing PBS monitoring study will be used to compare to potential changes in PBS movement and use during construction and following completion of construction. 2.0 IMPACTS SUMMARY Direct and indirect impacts on PBS were analyzed in the Final EIS/EIR (BLM 2012) and in the Biological Assessment for the OWEF project (HELIX 2011b). The following sections describe the OWEF project s potential impacts on PBS and the measures that have been implemented to minimize those impacts. 2.1 DESCRIPTION OF PERMANENT PROJECT FEATURES Turbine Foundations and Crane Pads The approximately 40- by 100-foot crane pads at each of the 112 WTG sites will consist of a compacted native soil or compacted aggregate base gravel area. The crane pads will remain in place following construction for potential future maintenance at the tower. Underground Collection Circuit Trenching The permanent above-ground components of the collection system would include pad mounted transformers alongside each WTG and junction boxes throughout the permanent footprint of the OWEF and the main substation/switchyard. Substation/Switchyard The substation/switchyard will be located adjacent to the new San Diego Gas and Electric (SDG&E) Sunrise Powerlink 500 kilovolt (kv) transmission line (which is being constructed independently of the OWEF). Peninsular Bighorn Sheep Mitigation and Monitoring Plan for the Ocotillo Wind Energy Facility / PEG-01 / May 1,

13 Operations and Maintenance Building A 3.4-acre O&M facility will be located in the central portion of the project area. The O&M buildings and yard will be constructed to store critical spare parts and provide a building for maintenance services. The buildings will include an office building, maintenance garage, oil storage shed, and a biological monitoring station (described below). A permanent 7-foot high security fence surrounding the O&M facility and directional motion activated security lighting will be installed. This chain link fence will have an open weave to enable viewing through to background landscape. The O&M area includes a 50-foot tall biological observation tower (Advanced Biological Operations Command and Control Center [ABOCCC]). The ABOCCC located in the central portion of Site 1 will include a platform with a 360 degree view of the area. A high resolution video camera and an advanced radar system (Merlin Avian Radar System) will be mounted on top of the observation tower. The radar system would include vertical and horizontal Doppler radar and tracking software that would link radar detections to a video monitoring system. The radar and camera system will be programmed to monitor for raptors and not PBS during O&M. Construction Access Roads The project includes a network of 20-foot wide permanent roads that would provide access to each WTG location, O&M building, and substation/switchyard upon completion of construction. Meteorological Towers The project includes up to 3 permanent 80-meter free standing (not guyed) lattice meteorological towers. The towers will be installed inside a small security fence on concrete foundation. Electricity for the towers will be supplied from a nearby turbine and access to the tower will be via a 16 foot permanent access road. These permanent impacts would total acres, with 19.4 acres associated with the turbine foundations and crane pads, 64.5 acres associated with the access roads, 29.2 acres associated with the substation/switchyard, 3.3 acres for the O&M Facility, and 0.1 acre associated with the meteorological towers (Table 1). Table 1 OWEF PROJECT COMPONENTS AND MAXIMUM DISTURBANCE ACREAGES FACILITY COMPONENT TEMPORARY DISTURBANCE (acres)* PERMANENT DISTURBANCE (acres) Turbine Foundations and Crane Pads Access Roads/Collector Lines/Crane Walk Substation/Switchyard O&M Facility Peninsular Bighorn Sheep Mitigation and Monitoring Plan for the Ocotillo Wind Energy Facility / PEG-01 / May 1,

14 Table 1 (cont.) OWEF PROJECT COMPONENTS AND MAXIMUM DISTURBANCE ACREAGES FACILITY COMPONENT TEMPORARY DISTURBANCE (acres)* PERMANENT DISTURBANCE (acres) Batch Plant and Laydown/Parking/Staging Area Meteorological Towers TOTAL DESCRIPTION OF TEMPORARY DISTURBANCE AREAS Temporary disturbance areas are those that occur once (during the construction or O&M of the project); no permanent structures or impervious/artificial surfaces remain after the disturbance is completed. Temporary disturbance areas associated with the construction of the OWEF will occur in the following locations: Construction Phase: Turbine Assembly Areas The proposed project would include an approximately 1.7 to 2.2-acre temporary work area for the crane pad, equipment laydown, assembly area for the WTG blades, and other construction related needs. These work areas would be revegetated following the completion of construction. Batch Plant and Laydown/Parking/Staging Areas An approximately 11.6-acre area would be used for the batch plant and for laydown and parking areas. The Batch Plant portion of this area would be used to prepare and mix the concrete used for the foundations for the WTGs, the transformers at the substation, the O&M building, and other proposed facilities. The remaining portion of this area would contain a temporary Laydown and Parking area during construction. The entirety of this area would be revegetated following the completion of construction. Staging areas include a 10-acre area along the existing railroad tracks in Site 1 and approximately 7.9 acres to be used for connex storage areas placed strategically throughout Sites 1 and 2. Staging areas will be used to stage turbine components, construction equipment, and construction materials. A connex is a steel construction container which is used to securely store specialized equipment. Underground Collection Line Trenching Approximately 75 miles of electrical collection lines connecting one WTG to the next and to the proposed OWEF substation would be placed underground in 4-foot deep trenches generally running parallel to proposed and existing roads. Construction of these trenches would require a disturbance width of approximately feet. Peninsular Bighorn Sheep Mitigation and Monitoring Plan for the Ocotillo Wind Energy Facility / PEG-01 / May 1,

15 Construction Access Roads The project includes a network of permanent roads that would provide access to each WTG location and to the O&M building upon completion of construction. During the course of construction, these graded and compacted access roads would be up to 46 feet in width to facilitate the travel of large tracked cranes and storage of salvaged mulch and topsoil. Following the completion of construction, the area located outside of the 20-foot permanent roadway width would be revegetated. Substation/Switchyard The project includes a substation/switchyard that will be located adjacent to the new San Diego Gas and Electric (SDG&E) Sunrise Powerlink 500 kilovolt (kv) transmission line (which is being constructed independently of the OWEF). The switchyard would be constructed and operated by SDG&E. The temporary disturbance areas associated with the construction of the substation/switchyard would be revegetated. Meteorological Towers The project includes up to 3 permanent 80-meter free standing (not guyed) lattice meteorological towers. The towers will be installed inside a small security fence on concrete foundation. Electricity for the towers will be supplied from a nearby turbine and access to the tower will be via a 16 foot permanent access road. Each meteorological tower construction area would be cleared of vegetation and compacted as necessary. Temporary disturbance areas outside of the security fence and permanent access road would be revegetated. These impacts would total acres, with acres associated with the turbine assembly areas; acres associated with the underground collection lines; 5.9 acre associated with the substation/switchyard; 29.5 acres associated with the batch plant and laydown/parking/staging areas; and 2.0 acres associated with the meteorological towers (Table 1). O&M Phase: Temporary disturbance may occur occasionally throughout the 30-year operations phase of the project in order to conduct emergency or major repairs of turbines and/or to repair access roads. 2.3 MINIMIZATION OF IMPACTS As part of the final project design, all construction related impacts have been reduced to the maximum extent practicable, in accordance with Mitigation Measure Veg-1a. This effort included minimizing 3 different project features: (1) The size of the impact footprint - The size of the project footprint was minimized, with particular attention on locations where special status plants or animals had been observed during site surveys. The proposed project was redesigned to avoid placing any facilities/components within and directly adjacent to steep, escape-route terrain habitat to avoid direct effects to PBS. In addition, there would be no direct impacts to PBS designated critical habitat, occupied habitat in the I-8 Island, or on any PBS watering holes or guzzlers (man-made catch basins designed to enhance natural waters) because none exist on the proposed OWEF site. Minimizing project Peninsular Bighorn Sheep Mitigation and Monitoring Plan for the Ocotillo Wind Energy Facility / PEG-01 / May 1,

16 impacts has helped to protect the existing natural resources and reduce the need for habitat revegetation. It is also important to note that in 2009 and 2010, Dr. Walter Boyce conducted a survey of the original project right-of-way (approximately 14,500 acres) as a means to provide initial feedback on the project design to OE LLC. The initial site plan was subsequently redesigned to remove 14 proposed wind turbines in the southwest portion of the project area, and the project right-of-way was also revised to exclude this area entirely from the project, per the recommendations provided by Dr. Boyce. (2) The type of disturbance - Vegetation occurring within portions of the project footprint will be crushed in place by track-walking. This method would minimize soil disturbance by compacting soils, while retaining the soil structure (e.g., topsoil at the surface), microorganisms, and existing seed bank. It would also preserve underground biomass in the form of roots, tubers, etc., which will help protect against erosion and may allow for some species to re-sprout. While the majority of the temporary disturbance areas during construction will be graded, the habitat revegetation plan for the project includes provisions to transplant sensitive plant species, mulch the above-ground biomass, and salvage the mulched plant material and top 2 inches of topsoil for use in the revegetation areas. A detailed description of this approach is provided in the Habitat Revegetation Plan for the project (HELIX 2012a). (3) Temporal loss The project will be installed in a single phase beginning in spring 2012, lasting 9-12 months. Approximately 5 to 10 WTGs can be erected each week. As such, PBS would have access to thousands of acres of other foraging areas in the Action Area during construction at any particular WTG location. The official 5-year maintenance and monitoring period will be started after all revegetation is completed; however, actual revegetation will be conducted incrementally, as soon as construction is completed in an area. Therefore, the maximum total anticipated temporal loss of desert scrub habitat (from the time an area is impacted until it is acceptably revegetated) would be approximately 6 years. 2.4 IMPACTS TO SUITABLE PBS HABITAT The project will directly impact acres of suitable (though presently unoccupied) habitat, including permanent impacts to 33.2 acres and temporary impacts to acres. The permanent impacts would permanently remove vegetation within potential foraging areas; temporary impacts would temporary remove vegetation within potential foraging area and may result in short-term avoidance of suitable habitat when construction is occurring. 3.0 SUMMARY OF MITIGATION MEASURES The following Mitigation Measures (MMs) outlined in the Final EIS/EIR and Conservation Measures (CMs) outlined in the Biological Opinion (USFWS 2012) will be implemented to minimize and mitigate impacts to PBS from construction, O&M, and decommissioning of the proposed OWEF. Peninsular Bighorn Sheep Mitigation and Monitoring Plan for the Ocotillo Wind Energy Facility / PEG-01 / May 1,

17 3.1 DRAFT EIS/EIR MITIGATION MEASURES The Draft EIS/EIR includes the following mitigation measures to offset the project impacts to PBS during construction and O&M (the MMs are summarized in a single sentence; full text is available in the Draft EIS/EIR). Construction Phase Veg-1a Minimize construction related impacts to the maximum extent practicable. Veg-1d Prepare and implement an Integrated Weed Management Plan. Veg-2a Provide habitat compensation or restoration for permanent impacts to sensitive vegetation. Veg-2b Temporarily disturbed areas shall be revegetated according to a Habitat Restoration/Revegetation Plan (HRRP) approved by the BLM and Wildlife Agencies. Wild-1a Prior to ground disturbing activities, an individual shall be designated and approved by the BLM and USFWS as a Designated Biologist. Wild-1b Biological Monitor(s) shall be employed to assist the Designated Biologist in conducting preconstruction surveys and monitoring ground disturbance, grading, construction, O&M, decommissioning, and restoration activities. Wild-1c Prior to proposed OWEF initiation, the Designated Biologist shall implement a Worker Education Awareness Program (WEAP) that shall be available in English and Spanish. Wild-1d The boundaries of all areas to be disturbed (including staging areas, access roads, and sites for temporary placement of construction materials and spoils) shall be delineated with stakes and flagging prior to construction activities. Wild-1e Speed limits along all access roads shall not exceed 15 miles per hour in order to minimize dust during construction and O&M activities. Wild-1i Minimize night lighting during construction by using shielded directional lighting that is pointed downward thereby avoiding illumination to adjacent natural areas and the night sky. Wild-1q Temporary impacts to acres of USFWS Essential Habitat for PBS from the Proposed Action shall be mitigated at a 2:1 ratio through revegetation of all temporary impact areas and habitat restoration off site. Wild-1r The Proposed Action s permanent impacts to 43.1 acres of USFWS Essential Habitat would be compensated at a 2:1 ratio by purchasing or restoring Essential Habitat from private landowners, which shall be made permanently available for PBS. Wild-1s Prior to construction, a Bighorn Sheep Mitigation and Monitoring Plan shall be submitted to the BLM, USFWS, and CDFG for review and approval. Wild-1t A biological consultant approved by the BLM, USFWS, and CDFG shall be retained by the Applicant to serve as the Bighorn Sheep Monitor of construction activities within USFWS Essential Habitat on the proposed OWEF site, in accordance with the Bighorn Sheep Mitigation and Monitoring Plan for the proposed OWEF. Wild-2d Construction of WTGs within 1,200 meters (approximately 3,900 feet) of PBS lambing sites shall be avoided during the PBS lambing season (i.e., January 1 through June 30). Peninsular Bighorn Sheep Mitigation and Monitoring Plan for the Ocotillo Wind Energy Facility / PEG-01 / May 1,

18 Wild-2e A biological consultant approved by the BLM and wildlife agencies shall be retained by the Applicant to collect data on PBS movements in the Project Area during the construction phase. O&M Phase Wild-1u The Designated Biologist or Biological Monitor(s) will evaluate and implement the best measures to reduce flat-tailed horned lizard (FTHL) and other wildlife species mortality along access and maintenance roads. Wild-1x An annual report shall be prepared by the Designated Biologist and submitted to the relevant resource agencies documenting the implementation of the following programs/plans as well as compliance/non-compliance with each avoidance and minimization measure. Wild-1y The HRRP shall be implemented in accordance with Mitigation Measure Veg- 2b. Wild-1z Implement the Integrated Weed Management Plan. Wild-1aa Night lighting shall be minimized by using directional lighting that is shielded down away from the surrounding natural areas and the night sky. Wild-1gg The Designated Biologist, Biological Monitor(s), and/or Bighorn Sheep Monitor shall evaluate and implement the best measures to minimize PBS disturbance. Wild-1hh No later than January 31 of each of the first 3 years the OWEF remains in operation, the Designated Biologist will provide the BLM s Authorized Officer, USFWS, and CDFG an annual PBS Status Report. 3.2 DRAFT BIOLOGICAL OPINION CONSERVATION MEASURES The Draft Biological Opinion includes 13 CMs related to PBS to be implemented during construction and 8 CMs to be implemented during O&M. The language in the CMs closely follows the language in the Draft EIS/EIR mitigation measures and is not repeated here. 4.0 MONITORING AND REPORTING PROGRAM This Monitoring and Reporting Program section describes the monitoring and reporting procedures that shall occur during construction and O&M activities of the proposed OWEF site. The plan also outlines the construction limitations imposed and restrictions of OWEF activities if PBS are detected within the project area. The intent of the program is to allow for a flexible and adaptive monitoring approach for PBS. If improved techniques or methods are available during the monitoring period and would be beneficial to the monitoring program, those techniques would be implemented into the approach. 4.1 BIOLOGICAL MONITORS The biological monitoring program during construction and O&M of the proposed OWEF includes a Designated Biologist, Biological Monitors, and a Bighorn Sheep Monitor. A Peninsular Bighorn Sheep Mitigation and Monitoring Plan for the Ocotillo Wind Energy Facility / PEG-01 / May 1,

19 description of the each type of monitor and their respective duties is detailed in the following subsections Designated Biologist The BLM s third-party construction compliance monitor (Dudek & Associates) will serve as the Designated Biologist for the project during the construction phase of the project and will be the field contact representative for the period during which on-going construction monitoring and reporting by an approved biologist is required. The Designated Biologist will have the authority to ensure compliance with Conservation Measures for the PBS set forth in the Biological Opinion (BO) and will be the primary agency contact. The Designated Biologist will have the authority and responsibility to halt any proposed OWEF activities that are in violation of the BO Conservation Measures or Mitigation Measures. To avoid and minimize effects to biological resources, the Designated Biologist will: 1. Notify BLM s Authorized Officer and the USFWS at least 14 calendar days before the initiation of ground disturbing activities. 2. Immediately notify BLM s Authorized Officer and the USFWS in writing if the Applicant does not comply with any BO Conservation Measures or Mitigation Measures including, but not limited to, any actual or anticipated failure to implement BO Conservation Measures or Mitigation Measures within the periods specified. 3. Conduct compliance inspections daily during on-going construction as clearing, grubbing, and grading are completed, and submit a monthly compliance report to BLM s Authorized Officer until construction is complete. A description of the monthly compliance report is contained in Section Following the completion of construction, OE LLC will assign a Designated Biologist from HELIX for the post-construction monitoring and reporting period. The Designated Biologist would need to be approved by USFWS and BLM and will have the authority and responsibility to halt O&M activities that are in violation of the BO Conservation Measures or Mitigation Measures. The Designated Biologist must have: 1) a Bachelor s degree with an emphasis in ecology, natural resource management, or related science; 2) three years of experience in field biology or current certification by a nationally recognized biological society such as The Ecological Society of America or the Wildlife Society; 3) previous experience with applying terms and conditions of a biological opinion; and 4) an appropriate permit and/or training if conducting focused or protocol surveys for listed or proposed species. OE LLC will submit a resume, at least 3 references, and contact information for any prospective Designated Biologist to the Service and BLM for approval. Peninsular Bighorn Sheep Mitigation and Monitoring Plan for the Ocotillo Wind Energy Facility / PEG-01 / May 1,

20 4.1.2 Biological Monitor(s) HELIX will serve as the Biological Monitor(s) who will conduct preconstruction surveys and monitor ground disturbance, grading, construction, O&M, decommissioning, and restoration activities. The Biological Monitor(s) will have sufficient education and field experience to understand PBS and FTHL biology, have experience conducting FTHL field monitoring, be able to identify PBS, PBS sign, FTHL, and FTHL scat, and be able to identify and follow FTHL tracks. HELIX will submit a resume, at least 3 references, and contact information for each prospective Biological Monitor to the BLM and USFWS for approval. To avoid and minimize effects to biological resources, the Biological Monitors will assist the Designated Biologist and Bighorn Sheep Monitor with the following: Be present during construction activities that take place in suitable PBS habitat to prevent or minimize harm or injury to PBS. At the end of each work day, inspect all potential wildlife pitfalls (e.g., trenches, bores, other excavations) for wildlife and remove wildlife as necessary. If the potential pitfalls will not be immediately backfilled following inspection, the Biological Monitor will ensure that the construction crew slopes the ends of the excavation (3:1 slope) to provide wildlife escape ramps or will ensure that the construction crew completely and securely covers the excavation to prevent wildlife entry. Inspect the site to help ensure trash and food-related waste is place in closed-lid containers and to ensure that workers do not feed wildlife Bighorn Sheep Monitor WTI and HELIX will serve as the Bighorn Sheep Monitor for the construction and O&M phase of the project. In accordance with MM Wild-1t and CM Construction-10, the Bighorn Sheep Monitor will be present during all phases of construction and will focus on suitable habitat. The lead Bighorn Sheep Monitor will be Barry Martin of WTI, and Mr. Martin will coordinate monitoring efforts with WTI and HELIX staff. Barry Martin is the founder, lead instructor, and director of the WTI and has attained the highest level of track and sign certification (Track and Sign Specialist and Tracker III) under Cybertracker Conservation. Certified trackers with the Western Tracking Institute will conduct weekly surveys for PBS and PBS sign within and surrounding suitable PBS habitat during the construction of the OWEF. A description of the monitoring program is provided in Section 4.2 below ABOCCC Monitor (O&M Phase Only) OE LLC will employ a biologist at the ABOCCC observation tower full time for the first 10 years of operation of the project. The monitoring biologist shall be approved by the BLM and USFWS. The primary responsibility of the biologist will be to monitor for raptors, but the biologist will also help to monitor for sheep in the project area using spotting scopes and longrange binoculars at the ABOCCC tower. Sheep movements detected within the project area will be used to determine the areas where O&M activities should be avoided. Peninsular Bighorn Sheep Mitigation and Monitoring Plan for the Ocotillo Wind Energy Facility / PEG-01 / May 1,

21 4.2 CONSTRUCTION MONITORING PROGRAM Prior to initiation of construction activities for project features within 300 meters (approximately 1,000 feet) of suitable habitat, WTI will conduct a detailed on-the-ground search for PBS sign within and adjacent to the work areas. The methods for the on-the-ground searches for PBS sign will follow the methods currently being implemented by WTI and HELIX as part of the pre-construction surveys for the project, as described in Section 1.6. Surveys will include focused searches for PBS and sign within the project footprint and up to 4,000 feet from the proposed work areas. Evidence of PBS sign would be photographed and documented with a Global Positioning System (GPS) for subsequent reporting. Motion-sensitive cameras may also be deployed to help determine PBS presence and movement areas adjacent to work areas. If PBS are found during the initial surveys, construction would not be allowed to commence until the PBS have moved at least 1,000 feet from the work areas. Construction cannot commence until the Bighorn Sheep Monitor has surveyed the work area and surrounding area and cleared crews to begin work. Once the Bighorn Sheep Monitor allows construction to commence in suitable habitat, daily monitoring of clearing and grading would be conducted by HELIX biologists who are trained in identifying PBS and PBS sign. HELIX would conduct an early morning search for PBS and sign within 1,000 feet of work areas in suitable habitat on a daily basis prior to initiation of construction activities for the day. Daily construction activities in suitable habitat would not be allowed to proceed until the work areas have been surveyed and monitors determine no PBS are present within 1,000 feet of work areas. If PBS are found during the monitoring, construction would be required to stop until the PBS have moved of its own accord at least 1,000 feet from the work areas, at which time construction activities could proceed. The monitors would compile and submit a daily monitoring report to the Designated Biologist and BLM (and USFWS and CDFG, if requested) for construction activities conducted in suitable habitat. Throughout the 9- to 12-month construction period, WTI would continue to conduct focused searches for PBS and sign every other week following the methods described above. Locations of PBS and sign will be shared between the Bighorn Sheep Monitor, Designated Biologist, and Biological Monitors and the location information will also be included in the daily and monthly reports. 4.3 O&M MONITORING PROGRAM The Bighorn Sheep Monitor will be on site during all scheduled major maintenance activities (i.e., activities that require soil disturbance, removal of turbine blades or components, or use of large equipment such as cranes) conducted in suitable habitat for the life of the project. If PBS are observed or detected by the Designated Biologist, Biological Monitor, Bighorn Sheep Monitor, ABOCCC Biologist, or the Merlin Avian Radar System within 300 meters of the major O&M activities described above, those activities will stop and will not be resumed until the Bighorn Sheep Monitor verifies that the sheep has moved of its own accord to at least 300 meters away from these activities. In the event that unscheduled emergency repairs (i.e., those activities that would be necessary to protect human health and safety or prevent irreparable damage to wind turbines) are needed in suitable habitat, maintenance staff and/or biology staff will make an Peninsular Bighorn Sheep Mitigation and Monitoring Plan for the Ocotillo Wind Energy Facility / PEG-01 / May 1,

22 assessment of the presence of sheep in the vicinity of the repair site(s) and the Bighorn Sheep Monitor will be called to the site to monitor repairs. Emergency repairs necessary to protect human health and safety or to prevent irreparable damage to wind turbines may proceed whether or not PBS are present in the vicinity of the repair areas, although every effort will be made to minimize any impacts to PBS through coordination between O&M staff and the Bighorn Sheep Monitor. If PBS are not observed, the Bighorn Sheep Monitor will be notified by O&M staff within 24 hours of the start of repairs. If sheep are observed on site, the Bighorn Sheep Monitor will be immediately called to the site to monitor repairs. The O&M monitoring program will also include surveys of suitable PBS habitat within the project site and within 600 yards (approximately 550 meters [1,800 feet]) of the project site. The Bighorn Sheep Biologist will be on site at least 8 hours every 2 weeks during the first year of O&M and the survey will be conducted following the methods used during the pre-construction surveys (i.e., focused searches for PBS and PBS sign and use of motion-sensitive wildlife cameras). The monitoring interval for the remaining 4 years will be determined annually based on the results of the previous year s monitoring surveys, and will be subject to approval by the BLM and USFWS. Less intense monitoring schedule (i.e. conducting monitoring surveys monthly, bimonthly, or quarterly) may be implemented if approved by the BLM and USFWS. 4.4 CONSTRUCTION AND O&M LIMITATIONS Construction and O&M limitations will be implemented to prevent direct and minimize indirect impacts to PBS. A description of limitations imposed to construction and O&M activities is contained in the following subsections Construction Activities within Suitable Habitat The Bighorn Sheep Monitor shall monitor construction activities within suitable habitat on the proposed OWEF site. The Bighorn Sheep Monitor shall be present during all phases of construction and directly monitor construction activities. If a sheep is observed within 325 yards of active construction, then construction activities will stop until the Bighorn Sheep Monitor verifies that the sheep has moved of its own accord to at least 325 yards from construction activities at which time construction activities could proceed Construction Activities during PBS Lambing Season Construction and O&M of WTG s and use of access roads within 1,200 meters (approximately 3,900 feet or 0.75 miles) of PBS lambing sites shall be avoided during the PBS lambing season (i.e. January 1 through June 30). The sole exception is the existing Dos Cabezas Road which may be improved and used during lambing season for project construction purposes. For the Proposed Action, eight WTGs (WTGs and WTG 77) and one access road to those turbines are proposed within 1,200 meters of 2010 lambing sites in the I-8 Island (i.e., the area between the eastbound and westbound lanes of I-8, the northern portion of which is in the Project Area), and there is direct line of sight between the lambing areas and the proposed WTGs. In addition, four additional WTGs (WTGs and WTG 29) would not be constructed during the lambing season because the access road to these WTGs would also be restricted from use by heavy Peninsular Bighorn Sheep Mitigation and Monitoring Plan for the Ocotillo Wind Energy Facility / PEG-01 / May 1,

23 equipment and other vehicular traffic during the lambing season. Furthermore, site preparation and use of the rail unloading area shall be avoided during the lambing season. The Bighorn Sheep Monitor shall coordinate with USFWS and CDFG to help determine the locations of any nearby lambing sites being used prior to and during the construction period of the proposed OWEF Construction and O&M Activities when PBS are Detected The Bighorn Sheep Monitor will be onsite during all scheduled major maintenance activities (i.e., activities that require soil disturbance, removal of turbine blades or components, or use of large equipment such as cranes) conducted in suitable habitat for the life of the project. If sheep are observed or detected within 325 yards of O&M activities by the Designated Biologist, Monitoring Biologist, Bighorn Sheep Monitor, or any other means, those activities will stop and will not be resumed until the Bighorn Sheep Monitor verifies that the sheep has moved of its own accord to at least 325 yards away from these activities. In the event that unscheduled emergency repairs (i.e., those activities that would be necessary to protect human health and safety or prevent irreparable damage to wind turbines) are needed in suitable habitat, maintenance staff and/or biology staff will make an assessment of the presence of sheep in the vicinity of the repair site(s). Emergency repairs necessary to protect human health and safety or to prevent irreparable damage to wind turbines may proceed whether or not bighorn are present in the vicinity of the repair areas, although every effort will be made to minimize any impacts to bighorn through coordination between O&M staff and the Bighorn Sheep Monitor. If bighorn sheep are not observed, the Bighorn Sheep Monitor will be notified by O&M staff within 24 hours of the start of repairs. If sheep are observed onsite, the Bighorn Sheep Monitor will be immediately called to the site to monitor repairs. 4.5 REPORTING PROCEDUERS The BLM s third-party construction compliance monitor will serve as the Designated Biologist during construction and will be the primary agency contact. HELIX will serve as the Designated Biologist during the O&M phase of the project and will be the primary agency contact. The Designated Biologist will immediately notify the BLM s Authorized Officer and the USFWS in writing if the Applicant does not comply with any BO Conservation Measures or Mitigation Measures including, but not limited to, any actual or anticipated failure to implement BO Conservation Measures or Mitigation Measures within the periods specified. The Designated Biologist (or the project s Environmental Compliance Manager during O&M) will submit both monthly and annual compliance reports and a PBS Status Report, all of which are discussed in more detail in the following subsections. If any changes to the monitoring program are implemented, the changes will be documented in the monthly and annual monitoring reports PBS Sightings In the event that PBS are observed by the Designated Biologist, Biological Monitor(s), Bighorn Sheep Monitor, ABOCCC Monitor, the biologist conducting the PBS movement study, or any other related personnel within or near the Project Area the number, age, sex, and location of all PBS shall be documented. All relevant information on the sighting shall be reported to the Peninsular Bighorn Sheep Mitigation and Monitoring Plan for the Ocotillo Wind Energy Facility / PEG-01 / May 1,

24 Designated Biologist who shall make the data available to the Bighorn Sheep Monitor and biologist conducting the PBS movement study. This information will also be included in monthly and annual compliance reports (see Sections and 4.5.4) Daily Reports The Biological Monitors/Bighorn Sheep Monitor will prepare daily monitoring reports that will be submitted to the Designated Biologist and BLM, as well as to the USFWS and CDFG (if requested) Monthly Compliance Report The Designated Biologist will prepare monthly compliance reports to the BLM s Authorized Officer until construction is complete. Monthly reports will summarize the daily reports and overall compliance with MMs and CMs Annual Compliance Report The Designated Biologist will prepare and submit an Annual Compliance Report to the relevant resource agencies during the construction phase of the project. The Designated Biologist/Environmental Compliance Manager will prepare and submit an Annual Compliance Report to the relevant resource agencies during the O&M phase of the project or whenever there is monitoring and reporting required. The report will document the implementation of the PBS MMP and compliance/non-compliance with MMs and CMs Annual PBS Status Report (O&M Only) The Designated Biologist will provide the BLM s Authorized Officer, USFWS, and CDFG with an annual PBS Status Report no later than January 31 of each of the first 3 years the OWEF remains in operation. At minimum the report will include: 1) a general description of the status of the Action Area; 2) information from the Annual Compliance Report documenting compliance/non-compliance with each avoidance and minimization measure; 3) an assessment of the effectiveness of each avoidance and minimization measure; 4) a summary and map of PBS sightings in the Action Area; 5) recommendations on how the avoidance and minimization measures might be changed to more effectively avoid or minimize future effects on PBS. 5.0 PBS MOVEMENT STUDY METHODS A biological consultant approved by the BLM and wildlife agencies shall be retained to collect data on PBS movements in the Project Area during the construction phase and the first 3 years of operations of the OWEF, in accordance with MMs Wild-2e and Wild-1gg. OE LLC proposes to have WTI conduct the 3-year post-construction movement study. The study methods described below are consistent with the study methods being implemented by WTI and HELIX as part of the pre-construction PBS Study (see Section 1.6). Peninsular Bighorn Sheep Mitigation and Monitoring Plan for the Ocotillo Wind Energy Facility / PEG-01 / May 1,