4.2 AGRICULTURAL RESOURCES

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1 4.2.1 Summary 4.2 AGRICULTURAL RESOURCES Table summarizes the identified environmental impacts, proposed mitigation measures, and residual impacts of the proposed project with regard to agricultural resources. Additional detail is provided in Section (Impact Analysis and Mitigation Measures). Impact AG-1 A portion of the proposed utility corridor contains Prime Farmland and Unique Farmland, as designated by the California Department of Conservation s Farmland Mapping and Monitoring Program. However, the project would not permanently convert these areas to a nonagricultural use. Impacts would therefore be Class III, less than significant. [Threshold 1] Table Impact and Mitigation Summary: Agricultural Resources Impact Mitigation Measures Significance After Mitigation No mitigation measures are required. Impacts would be less than significant without mitigation. Impact AG-2 The proposed project is an allowable use on the project site and would not conflict with existing zoning for agricultural use, or a Williamson Act contract. Impacts would be Class III, less than significant. [Threshold 2] Impact AG-3 Construction, operation, and potential future decommissioning of the proposed project would not result in the permanent conversion of adjacent farmland (i.e., Prime, Unique, or Statewide Importance) to a non-agricultural use. The project could indirectly affect adjacent agricultural use due to temporary construction-related effects, but the proposed project would not impair agricultural use, including grazing, of nearby properties such that adjacent Farmland would be converted to a non-agricultural use. This is a Class III, less than significant impact. [Threshold 5] No mitigation measures are required. No mitigation measures are required. Impacts would be less than significant without mitigation. Impacts would be less than significant without mitigation Setting a. Overview of Agriculture in Monterey County. Monterey County s gross agricultural production in 2011 totaled $4.14 billion (Monterey County Crop Report, 2012). The top ten revenue crops that were produced in the County in 2012 included leaf lettuce, head lettuce, strawberries, broccoli, nursery, celery, wine grapes, miscellaneous vegetables, cauliflower, and 4.2-1

2 spinach (Monterey County Crop Report, 2012). The most common crop types (by acreage) in Monterey County include leaf lettuce, broccoli, wine grapes, head lettuce, spinach, strawberries, cauliflower, and celery. According to the California Department of Conservation (DOC), approximately 1.3 million acres of land in Monterey County were classified as agricultural land in 2010 (Monterey County General Plan, October 2010; DOC, August 2011). Of this land, 166,251 acres were classified as Prime Farmland, 43,372 acres were classified as Farmland of Statewide Importance, 25,524 acres were classified as Unique Farmland, and 1,065,698 acres were classified as Grazing Land. Agriculture consisting of crop farming and livestock grazing is the largest industry in the County and contributes a substantial amount of money to Monterey County s economy. Out of approximately 1.3 million acres of County land dedicated to agriculture, most of this area (approximately 80%) is used for grazing. The most productive and lucrative farmlands in the County are located in the North County, Greater Salinas, and Central Salinas Valley Planning Areas. The main type of crop production in the County consists of cool season vegetables, strawberries, wine grapes and nursery crops. Agricultural land in South County is primarily used for grazing activities. b. Agricultural Resources on the Project Site. The proposed project is located on approximately 3,000 acres of an existing 72,000 acre cattle ranch. The project site was historically dry-land farmed and is currently used for ranching and grazing purposes. Some limited areas of agricultural production (i.e., row crops) are located in the southeastern most portion of the proposed utility corridor. The project site is primarily surrounded by existing cattle operations and property owned by the landowner. Important Farmlands. The DOC identifies and designates important farmlands throughout the State as part of its Farmland Mapping and Monitoring Program (FMMP). The FMMP rating system classifies farmland according to the following criteria, as relevant to the project: Prime Farmland. Farmland with the best combination of physical and chemical features able to sustain long term agricultural production. This land has the soil quality, growing season, and moisture supply needed to produce sustained high yields. These are Class I and Class II soils. Farmland of Statewide Importance. Farmland similar to Prime Farmland but with minor shortcomings, such as greater slopes or less ability to store soil moisture. Land must have been used for irrigated agricultural production at some time during the four years prior to the mapping date. Unique Farmland. Farmland of lesser quality soils used for the production of the state s leading agricultural crops. This land is usually irrigated, but may include non-irrigated orchards or vineyards as found in some climactic zones in California. Grazing Land. Grazing Land is defined in Government Code 65570(b)(3) as: "...land on which the existing vegetation, whether grown naturally or through management, is suitable for grazing or browsing of livestock." The minimum mapping unit for Grazing Land is 40 acres. Grazing Land does not include land previously designated as Prime Farmland, Farmland of Statewide Importance, Unique Farmland, or Farmland of Local Importance, and heavily brushed, timbered, excessively steep, or rocky lands which restrict the access and movement of livestock

3 Other Land. Land not included in any other mapping category. Common examples include low density rural developments; brush, timber, wetland, and riparian areas, not suitable for livestock grazing; confined livestock, poultry or aquaculture facilities; strip mines, borrow pits; and water bodies smaller than 40 acres. Vacant and nonagricultural land surrounded on all sides by urban development and greater than 40 acres is mapped as Other Land. Figure depicts FMMP classifications on the project site. As shown therein, the solar generating facility area, the northern half of the project access road, and the majority of the utility corridor are comprised entirely of Grazing Land; the southern portion of the existing private access road traverses through an area designated as Other Land; and the southeastern portion of the utility corridor includes approximately 38.6-acres of Prime Farmland. A small portion of the utility corridor also contains approximately 0.1 acre of Unique Farmland (DOC, August 2011). c. Regulatory Framework. Federal. Federal Definition of Prime Farmland. According to the federal definition in the Code of Federal Regulations Title 7 (Agriculture) Section 657.5(a)(1), Prime farmland is land that has the best combination of physical and chemical characteristics for producing food, feed, forage, fiber, and oilseed crops, and is also available for these uses. The NRCS uses the following classifications for agricultural land: Prime Farmland, Farmland of Statewide Importance, Farmland of Local Importance, Unique Farmland, and Not Prime Farmland. State of California. Farmland Mapping and Monitoring Program. The DOC s FMMP monitors the conversion of the State s farmland to and from agricultural use. County-level data is collected and a series of maps are prepared that identify eight classifications and uses based on a minimum mapping unit size of 10 acres. The program also produces a biennial report on the amount of land converted from agricultural to non-agricultural use. The program maintains an inventory of state agricultural land and updates the Important Farmland Series Maps every two years. The FMMP is an informational service only and does not constitute state regulation of local land use decisions. Agricultural land is rated according to several variables, including soil quality and irrigation status with Prime Farmland being considered the most optimal for farming practices. For further detail see Section 4.2.1(b) (Agricultural Resources on the Project Site). As discussed previously, the solar generating facility area, the northern half of the project access road, and the majority of the utility corridor are comprised entirely of Grazing Land; the southern portion of the existing private access road traverses through an area designated as Other Land; and the southeastern portion of the utility corridor includes approximately acres of Prime Farmland. A small portion of the utility corridor also contains approximately 0.1 acre of Unique Farmland (DOC, August 2011)

4 Section 4.2 Agricultural and Forestry Resources Inset Turkey Flat Rd Montere y County San Lui s Obispo C ounty Access Road Cholame Valley Rd ST 41 FMMP Project Area Farmland of Local Potential Inset Northern Boundary Prime Farmland Unique Farmland Grazing Land Other Land ± 0 2,100 4,200 Feet Imagery provided by ESRI and its licensors FMMP data by Monterey and San Luis Obispo Counties. Farmland Mapping and Monitoring Program Map Figure 4.2-1

5 California Land Conservation Act of 1965 (Williamson Act). The California Land Conservation Act of 1965 commonly referred to as the Williamson Act enables local governments to enter into contracts with private landowners for the purpose of restricting specific parcels of land to agricultural or related open space use. In return, landowners receive property tax assessments that are much lower than normal because they are based upon farming and open space uses as opposed to full market value. Local governments receive an annual subvention of forgone property tax revenues from the State via the Open Space Subvention Act of Participation in this program is voluntary, requiring 100 contiguous acres of agricultural land under one or more ownerships to file an application for agricultural preserve status. After an agricultural preserve has been established, the land within the preserve is automatically restricted to agricultural and agriculturally compatible uses and the landowners may enter into a Williamson Act land use contract. The land may also be subject to agricultural rezoning. As shown in Figure 4.2-2, the project site is not located on land under a Williamson Act contract. Agricultural Conservation Easements. An agricultural conservation easement (ACE) is a deed restriction landowners voluntarily place on their property to protect resources such as productive agricultural land, ground and surface water, wildlife habitat, historic sites or scenic views. They are used by landowners to authorize a qualified conservation organization or public agency to monitor and enforce the restrictions set forth in the agreement. No portion of the project site is currently under an agricultural conservation easement. Local. Monterey County General Plan. The Agriculture Element of the Monterey County General Plan includes objectives and policies to protect agricultural resources; for example, providing well-defined buffer areas between agricultural and non-agricultural land uses. The objectives and policies applicable to this project are discussed in greater detail in Section 4.10, Land Use and Planning. The Monterey County 2010 General Plan includes pertinent policies affecting the treatment and evaluation of potential impacts related to agricultural resources. Specifically, the 2010 General Plan adopts the FMMP as the primary means of identifying important agricultural lands in Monterey County. County policy further states that land uses that would interfere with routine and on-going agricultural operations on Farmlands designated Prime Farmland, Unique Farmland, or Farmland of Statewide Importance shall be prohibited (, 2010). Monterey County Zoning Ordinance Title 21. According to Title 21 of the Monterey County Code, the project site, including the utility corridor and the northern half of the existing private access road, are zoned Permanent Grazing/160 (PG/160 and Farmland/160 (F/160). The southern half of the access road, within San Luis Obispo County, is designated Agriculture. Chapter (Regulations for Permanent Grazing Zoning Districts or PG Districts) of the Monterey County Code is intended to preserve, protect, and enhance those productive exclusive grazing lands in the. Chapter provides development standards and special regulations, such as setbacks for structures for the allowed uses and uses allowed with a use permit, such as the proposed project. Chapter (Regulations for 4.2-5

6 Section 4.3 Agricultural and Forestry Resources Turkey Flat Rd Monterey County San Luis Obispo County Access Road Cholame Valley Rd ST 41 Project Area Williamson Act Lands Non-Enrolled Land Non-Prime Agriculture Land 0 2,100 4,200 Feet ± Imagery provided by ESRI and its licensors Division of Land Resource Protection, Williamson Act Lands Figure 4.2-2

7 Farmlands Zoning Districts or F Districts) is intended to preserve and enhance the use of the prime, productive and unique farmlands in the while also providing opportunities to establish the necessary support facilities for those agricultural uses. Similar to Chapter 21.34, Chapter provides development standards such as minimum setbacks for structures for allowable uses in the Farmland zoning district. Monterey County Right to Farm Ordinance. The County s Right-to-Farm Ordinance (Chapter of the Monterey County Code) is intended to serve, enhance, and encourage agricultural operations within the County, and to minimize potential conflict between agricultural and non-agricultural land uses within the County. It does so by requiring that residents receive proper notification of the county s policy. Under this ordinance, no agricultural processing activity, operation, facility, or appurtenances thereof, conducted or maintained for commercial purposes, and in a manner consistent with proper and accepted customs and standards, is to be considered a public or private nuisance, due to any changed condition in or about the locality Impact Analysis and Mitigation Measures a. Methodology and Significance Thresholds. Evaluation Criteria. The following thresholds are based on Appendix G of the State CEQA Guidelines. Impacts would be significant if the proposed California Flats Solar Project would result in any of the following: 1. Convert Prime Farmland, Unique Farmland, Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use; 2. Conflict with existing zoning for agricultural use, or a Williamson Act contract; 3. Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code Section 12220(g)), timberland (as defined by Public Resources Code Section 4526), or timberland zoned Timberland Production (as defined by Government Code Section 51104(g)); 4. Result in the loss of forest land or conversion of forest land to non-forest use; and/or 5. Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use or conversion of forest land to nonforest use. It should be noted that the project site is not under a Williamson Act contract, and would thus not conflict with such a contract. In addition, the proposed project would not conflict with existing zoning for, or cause rezoning of, forest land or timberland, nor would the project result in the loss or conversion of forest land to non-forest use. Further discussion regarding checklist items 3 and 4 can be found in Section 4.14, Effects Found not to be Significant. As stated in Section 2.0, Project Description, at the end of the project s useful life (anticipated to be 30 years or more), the proposed solar facility and associated infrastructure may be decommissioned. Given the project s operating life cycle and distant timeframe for decommissioning activities, it is too speculative to provide details in this EIR describing specific decommissioning activities and potential impacts that could occur far into the future. As such, this EIR evaluates decommissioning based on current standard decommissioning practices, 4.2-7

8 which include dismantling and repurposing, salvaging/recycling, or disposing of the solar energy improvements, and site restoration. The County may conduct additional CEQA review to ensure adequate protection of agricultural resources during decommissioning. b. Project Impacts and Mitigation Measures. Impact AG-1 A portion of the proposed utility corridor contains Prime Farmland and Unique Farmland, as designated by the California Department of Conservation s Farmland Mapping and Monitoring Program. However, the project would not permanently convert these areas to a non-agricultural use. Impacts would therefore be Class III, less than significant. [Threshold 1] As shown in Figure 4.2-1, the solar generating facility area, the northern half of the project access road, and the majority of the utility corridor are comprised entirely of Grazing Land; the southern portion of the existing private access road traverses through an area designated as Other Land; and the southeastern portion of the utility corridor includes approximately 38.6 acres of Prime Farmland. A small portion of the utility corridor also contains approximately 0.1 acre of Unique Farmland (DOC, August 2011). The proposed project could potentially affect land designated as Prime Farmland and Unique Farmland in connection with the construction of utility corridor improvements, as described below. Development activities associated with the proposed project that could affect Prime Farmland or Unique Farmland would be limited to the installation of temporary water infrastructure (including pumping facilities and an above-ground water pipeline) associated with transporting water from existing Ag Well #2 (as shown in Figure 2-4s in Section 2.0, Project Description) to the project site. These facilities would require minimal ground disturbance within the area designated as Prime Farmland, and would be temporary. Other improvements within the utility corridor (electrical distribution line and redundant communication line) would be permanent. The utility improvements would generally be located along an existing ranch road within an approximately 20 foot wide area of the utility corridor. The entire utility corridor would not be impacted during construction and operation of the proposed utility infrastructure. A small portion of the utility corridor is used by the property owner for agricultural production in support of their cattle ranching operation. The construction of utility corridor improvements could result in temporary impacts to on-going agricultural use on this portion of the utility corridor. Temporary construction-related impacts would not permanently impact existing agricultural use of the site. The property owner could resume agricultural production on the site consistent with existing operations once the construction of utility improvements is complete. All impacts would be temporary in nature and no permanent loss of agricultural production would occur. Therefore, impacts related to the conversion of Prime Farmland, Unique Farmland, and Farmland of Statewide Importance to non-agricultural use would be less than significant. Mitigation Measures. No mitigation measures are required. Significance After Mitigation. Impacts would be less than significant without mitigation

9 Impact AG-2 The proposed project is an allowable use on the project site and would not conflict with existing zoning for agricultural use, or a Williamson Act contract. Impacts would be Class III, less than significant. [Threshold 2] The solar generating facility area, utility corridor, and northern half of the private access road are currently zoned Farmland and Permanent Grazing under the Monterey County Code and is designated as agricultural land in the Monterey County General Plan. According to the Monterey County s Zoning Ordinance projects considered public and quasi public uses, including public utilities, may be developed in agricultural zones with a use permit [Monterey County Zoning Ordinance (b) and (d)]. Section of the Monterey County Code broadly defines a public utility to mean a company regulated by the [CPUC] or other regulatory body including the, and Section defines public utility facilities to mean facilities for the production, storage, transmission, distribution, and recovery of energy, and other similar utilities. The proposed solar project is consistent with the definition of a public utility in and The project is an allowable use based on the site s General Plan and Zoning Map designations, and would not conflict with zoning for an agricultural use. In addition, as shown in Figure 4.2-2, the project site is not located on land under a Williamson Act contract. Therefore, the project would not conflict with an existing Williamson Act contract. Refer also to Section 4.10, Land Use and Planning, for further discussion of the project s consistency with the Monterey County General Plan and Zoning Ordinance. Mitigation Measures. No mitigation measures are required. Significance After Mitigation. Impacts would be less than significant without mitigation. Impact AG-3 Construction, operation, and potential future decommissioning of the proposed project would not result in the permanent conversion of adjacent farmland (i.e., Prime, Unique, or Statewide Importance) to a non-agricultural use. The project could indirectly affect adjacent agricultural use due to temporary construction-related effects, but the proposed project would not impair agricultural use, including grazing, of nearby properties such that adjacent Farmland would be converted to a non-agricultural use. This is a Class III, less than significant, impact. [Threshold 5] Development of the proposed project would result in the conversion of existing grazing land to non-agricultural use. However, the proposed project would not result in the permanent conversion of farmland, including Prime, Unique or Statewide Importance. The project site is surrounded entirely by grazing lands, with the exception of a small portion of the utility corridor which is located adjacent to existing farmland. The construction of utility corridor improvements are proposed in this area and all impacts would be temporary. As described previously above, agricultural use on this portion of the utility corridor would resume following construction. As described in Section 2.0, Project Description, sheep grazing activities 4.2-9

10 may occur on the project site during project operation. Although the proposed project would limit the extent of on-site grazing activities, the proposed project would not affect existing cattle operations elsewhere on the existing ranch; cattle would continue to graze on the remainder of the property. In addition, it is anticipated that other adjacent properties (under different ownership) would continue to graze cattle in the area. The proposed project would directly affect existing agricultural use (i.e., grazing) on the project site; the project would not, however, directly (or indirectly) cause the conversion of adjacent farmland to a non-agricultural use. During project construction and decommissioning, the proposed project could result in temporary and short-term indirect effects related to adjacent agricultural operations. Project construction could temporarily affect existing grazing operations on adjacent property classified as Grazing Land according to the FMMP. Construction-related activities proposed immediately adjacent to agricultural property (under different ownership) is extremely limited. The following impacts related to the construction, operation, and decommissioning of the proposed project could impair agricultural uses of lands near the project boundary: Grading, construction, and vehicle operation would create fugitive dust, which could temporarily interfere with agricultural operations (i.e., cattle grazing) adjacent to the project site by impacting the biological functions of annual grassland species used for livestock forage. 1 Vehicle operation, grading, and other construction activities could result in temporary increases in erosion and stormwater runoff. Construction activities could potentially affect water quality, which could affect adjacent agricultural land. These effects would not result in the permanent conversion of Farmland to a non-agricultural use, although temporary construction impacts could potentially result in temporary disturbances to adjacent grazing activities. The proposed project contains design features intended to minimize the potential temporary impacts associated with project construction and thereby limit potential secondary effects to adjacent agricultural uses. Applicable measures include the implementation of Best Management Practices (BMPs) during project construction, including installing mud shakers and/or rumble strips to limit the transport of invasive species, implementing applicable SWPPP and erosion control measures, implementing a dust control plan to minimize fugitive dust emissions, developing a hazardous materials response plan, and implementing a postconstruction restoration and revegetation plan. These measures would minimize the extent of potential indirect impacts to adjacent agricultural uses. As described above, indirect t impacts would not cause the conversion of Farmland. The project site is surrounded entirely by Grazing Land ; no Farmland (i.e. Prime, Unique, or Statewide Importance) is immediately adjacent to the project site. Therefore, potential impacts would be less than significant. 1 As discussed in Section 4.8, Hazards and Hazardous Materials, these activities could expose workers and nearby sensitive receptors to diseases transmitted from the cattle grazing operations. Specifically, coccidiosis and anaplasmosis could be of concern. However, coccidiosis is species specific except for Toxoplasma gondii, which is rare in cattle, and anaplasmosis is caused by a different bacterium in cattle versus humans. Impacts related to animal borne diseases would be Class III, less than significant

11 Mitigation Measures. No mitigation measures are required. Although the impact would be less than significant without mitigation, measures AQ-2a (Dust Control measures), BIO-2(b) and BIO-2(c), and HYD-2a through HYD-2c would further minimize impacts related to fugitive dust, invasive weeds, and accidental releases of contaminants that could degrade water quality. Significance After Mitigation. Impacts would be less than significant without mitigation. d. Cumulative Impacts. A description of the cumulative analysis methodology and development scenario, including proposed development in the South County Planning Area and the surrounding counties, and other solar projects that would affect similar resources, is included in Section 5.0, Cumulative Scenario and Methodology, of this EIR. Geographic Extent. The geographic extent for the analysis of cumulative impacts associated with agricultural resources is the area within the South County Planning Area of Monterey County as well as northern San Luis Obispo County and western Kings and Fresno counties. As of 2010, South Monterey County had over 1.3 million acres of agricultural land, of which an estimated 1,065,698 acres were classified by FMMP as Grazing Land, San Luis Obispo County had 1.5 million acres of agricultural land, of which 1,181,015 acres were Grazing Land, Kings County had 823,918 acres of agricultural land, of which 271,831 acres were Grazing Land, and Fresno County had over 2.1 million acres of agricultural land, of which 825,752 acres were Grazing Land (DOC, 2010). The project site has historically and currently supports cattle grazing operations. Reasonably foreseeable projects that could contribute to the cumulative effects scenario are listed in Table 5 1 in Section 5.0, Cumulative Scenario and Methodology. Cumulative Impact Analysis. According to the DOC s California Farmland Conversion Report , irrigated farmland in California decreased by more than 317 square miles (203,011 acres), between 2006 and The highest-quality agricultural soils, known as Prime Farmland, comprised 49% of the decrease (98,471 acres). Urban land increased by 72,548 acres during the 2006 to 2008 reporting period (DOC, January 2011). Between 2006 and 2008, Monterey County gained 919 acres of grazing land (DOC, January 2011). Additional development projects in the region could result in a cumulative impact to grazing land. As described in Impact AG-1, although the project site contains 38.6 acres of Prime Farmland and 0.1 acre of Unique Farmland, the project would not convert these areas to nonagricultural use. However, the proposed project would result in the elimination of cattle grazing activities within the solar generating facility area for the duration of the project s usable life (anticipated to be 30 to 40 years). As described in Impact AG-3, construction, operation, and decommissioning of the proposed project may result in indirect impacts to adjacent grazing operations. However, the indirect impacts would not result in the permanent conversion of Farmland. Further, implementation of the project design features and mitigation measures identified elsewhere in this EIR would reduce these impacts to a less than significant level. In addition, the project site would likely return to cattle grazing after the project s usable life (anticipated to be 30 to 40 years unless the project is repowered). Therefore, it is anticipated that the project s contribution to cumulative impacts would be less than significant

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