ADDENDUM to the Environmental Impact Report for the Maricopa Sun Solar Complex Project

Transcription

1 ADDENDUM to the Environmental Impact Report for the Maricopa Sun Solar Complex Project MARICOPA SUN SOLAR COMPLEX PROJECT By Maricopa Sun, LLC (PP13297) Lot Line Adjustment Kern County Planning and Community Development Department Bakersfield, California February 2014

2 TABLE OF CONTENTS CHAPTER 1 INTRODUCTION AND OVERVIEW Introduction Project Overview Addendum Organization Addendum Scope of Environmental Review Basis for an EIR Addendum Evaluation of Alternatives Adoption and Availability of Addendum CHAPTER 2 MODIFIED PROJECT DESCRIPTION Introduction and Background Entitlements Required CHAPTER 3 ENVIRONMENTAL ANALYSIS Aesthetics Agriculture and Forest Resources Air Quality Biological Resources Cultural Resources Geology and Soils Greenhouse Gases Hazards and Hazardous Materials Hydrology and Water Quality Land Use and Planning Mineral Resources Public Services Transportation and Traffic CHAPTER 4 LIST OF PREPARERS Lead Agency Project Proponent Technical Assistance CHAPTER 5 REFERENCES LIST OF TABLES Table 2-1 Proposed Modified Site and Existing Surrounding Land Uses, Designations and Zoning Table 2-2 Proposed Potential PG&E Work Generation-Tie Line and Transmission Line Upgrades Table 2-3 Potential PG&E Work Existing Substations in the Vicinity LIST OF FIGURES i

3 Figure 2-1 Regional Location Map Figure 2-2 Existing General Plan Land Use Designations Figure 2-3 Existing Zoning Figure 2-4a Lot Line Adjustment (LLA) (Before) Figure 2-4b Lot Line Adjustment (LLA) (After) Figure 2-5 Maricopa West Potential Utility Upgrade Figure 2-6 Maricopa West Potential Shoofly APPENDICES Appendix A Addendum Air Quality Letter, Insight Environmental, Inc., November 25, 2013 Appendix B Evaluation of Biological Impacts Associated with an Addendum to the Environmental Impact Report for the Maricopa Sun Solar Complete Project, Quad Knopf, November 2013 Appendix C Addendum to the Environmental Impact Report Maricopa Sun Solar Complex Project Cultural Resources, Pacific Legacy, November ii

4 Chapter 1 Introduction & Overview 1.1 Introduction As Lead Agency, the Kern County Planning and Community Development Department prepared an Environmental Impact Report (EIR) for the Maricopa Sun Solar Complex Project (referred to herein as the approved project ) which evaluated 700 megawatts of solar development on 6,046-acre site, and an additional 345 MW of future solar expansion on 2,960-acre site. The Kern County Board of Supervisors certified the Maricopa Sun Solar Final EIR (referred to herein as the certified EIR or EIR ) (State Clearinghouse No ) and approved the Maricopa Sun Solar Complex Project on March 29, 2011, which consisted of General Plan Amendment (GPA) No. 5, Map 158; GPA No, 1, Map No. 159; Conditional Use Permit (CUP) No. 5, Map No. 158; CUP 7, Map No. 159; and CUP 16, Map 160 and the cancellation of Williamson Act Land use contracts (Resolutions , , and ; referred to herein as the approved project ). Prior to certification of the Final EIR and approval of the project, the project proponent informed the Lead Agency that it was withdrawing portions of three Program-level parcels including: APN : withdraw 431 acres of the 626 acre parcel; 188 acres to remain in Program APN : withdraw 129 acres of the 290 acre parcel; 170 acres to remain in Program APN : withdraw 191 acres of a 306 acre parcel; 125 acres to remain in Program Modifications are now being proposed to the approved project s boundaries, which will require a Lot Line Adjustment (LLA) to reconfigure two project parcels. The proposed changes to the approved project are referred to herein as the proposed modified project or proposed project modifications. This Addendum has been prepared to determine whether the proposed modified project would result in new or substantially more severe significant environmental impacts compared with the impacts disclosed in the certified EIR. Lead Agency Contact Information Project Proponent Kern County Planning and Community Development Department Attn: Lonnie Bell, Planner II or Carlos Rojas, Planner I 2700 M Street, Suite 100 Bakersfield, California Phone: (661) Maricopa Orchards, LLC Attn: Mr. Jeffery Roberts 1396 West Herndon Avenue, Ste 101 Fresno, CA (559) Project Overview The certified EIR analyzed the construction of solar electrical generating facilities of an up to 700- megawatt (MW) photovoltaic (PV) solar energy generation facility on 6,046-acres of project parcels and 1-1

5 another 345 MW of future solar expansion on an additional 2,960 program-level acres, located north and south sides of South Lake Road, and north side of Corpus Road, in northwest Kern County (Figure 1-1). The proposed modified project would include the following components: 1. Approval of the Lot Line Adjustment (LLA) to reconfigure two project parcels (APN , and ); While not components of the modified project being considered for approval, PG&E s interconnection facilities are necessary for the solar generation project to operate; therefore those facilities are part of the whole of the developer s action that will result in a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment and are thus part of the project for purposes of CEQA review only. These components include: 1. Activities associated with a gen-tie connection to an existing power pole adjacent to project site; 2. Utilities upgrades of transmission lines adjacent to the project sites; 3. Upgrades to off-site PG&E substations. The proposed modification is necessary to support the construction and operation of the previously approved Maricopa West solar facility (a portion of Site 5 of the original, approved project). No physical changes are proposed to the approved project Site 5, and therefore no new, on-site impacts are anticipated. Throughout this document, the term approved project site constitutes 6,046-acres of project parcels evaluated in the certified EIR, and the term proposed modified project site consists of the two parcels and the associated off-site activities that would be developed with implementation of the proposed modified project analyzed in this Addendum. 1.3 Addendum Organization This document is organized as follows pursuant to the requirements of the CEQA Guidelines: Chapter 1, Introduction and Overview, describes the background of the proposed modified project; explains the rationale for preparing an Addendum to the EIR as the appropriate form of environmental review pursuant to CEQA; and explains the purpose, scope, and content of the Addendum. Chapter 2, Modified Project Description, describes the location and details of the proposed modified project. Chapter 3, Environmental Analysis, evaluates whether the proposed modifications to the approved project would result in new or substantially more severe significant environmental impacts compared with the impacts disclosed in the certified EIR. Chapter 4, List of Preparers, lists the individuals involved in preparing the Addendum. Chapter 5, References, lists the documents and individuals consulted during preparation of the Addendum. 1-2

6 1.4 Addendum Scope of Environmental Review This Addendum evaluates whether the proposed modifications to the approved project would result in new or substantially more severe significant environmental impacts compared to the impacts disclosed in the certified EIR. The EIR assessed the environmental impacts of the Maricopa Sun Solar Project, a 700-MW solar PV energy generation facility located on approximately 6,046 acres for imminent solar development, and an additional 2,960 acres for future solar expansion. Components of the facility included: Series of PV panels, either fixed tilt or mounted on single-axis trackers; Inverters and associated pads, transformers and associated pads, circuit breakers, metering equipment; Electrical conduits and electrical wiring buried 3 to 4 feet in designated areas throughout the project and within easements connecting the sites; Switchgear, protective relays, and larger transformers to step up the voltage to match the voltage of the transmission grid at the interconnection point; Transmission lines; Substations using an area of approximately 150 feet by 150 feet with a height of approximately 60 feet; O&M building adjacent to the solar field; One or more meteorological monitoring stations to track insolation temperature, wind direction, and speed; Security fencing; and Construction staging areas. For complete descriptions of approved onsite facilities, please refer to the EIR. The potential impacts of these facilities were assessed in the EIR and approved CUP. The proposed modified project contains the same general facilities identified in the EIR. As discussed in the certified EIR, the approved project was determined to have no impact with regard to the following impact thresholds. Since the proposed modified project would have generally the same facilities located in the same geographic area, the impacts of the proposed modified project would also have no impact with regard to these impact thresholds. Therefore, these impact thresholds are not further analyzed in this Addendum. Noise Population and Housing Recreation Utilities and Service Systems The certified EIR established that, with mitigation incorporated, the approved project would result in lessthan-significant impacts related to the following environmental impact areas: Air Quality (Project) Biological Resources (Project) Cultural Resources (Project and Cumulative) Greenhouse Gas Emissions (Project and Cumulative) Hydrology and Water Quality (Project and Cumulative) Hazards and Hazardous Materials (Project and Cumulative) Geology and Soils (Project and Cumulative) 1-3

7 Land Use and Planning (Project and Cumulative) Minerals Resources (Project and Cumulative) Public Services (Project and Cumulative) Transportation and Traffic (Project and Cumulative) The certified EIR established that the approved project would result in significant and unavoidable impacts with regard to the following environmental impact areas: Aesthetics (Project and Cumulative) o Significant project-level and cumulative impacts as a result of changes to visual character of the site and its surroundings. Agriculture and Forest Resources (Project and Cumulative) o Significant project level and cumulative impacts related to the cancellation of 6,046 acres of Williamson Act Land Use Contracts. Air Quality (Cumulative) o Significant cumulative impacts as a result of construction-period air pollution. Biological Resources (Cumulative) o Significant cumulative impacts as a result of reduction or loss of habitat. This Addendum will address changes resulting from implementation of the proposed modified project on each of the environmental resource areas previously analyzed in the EIR. 1.5 Basis for an EIR Addendum An agency may prepare an addendum to a certified EIR pursuant to CEQA Guidelines Section that states, in pertinent part, if some changes or additions are necessary but none of the conditions described in Section calling for the preparation of a subsequent EIR have occurred. Section states that a subsequent EIR is required if any of the following conditions exist: 1. Substantial changes are proposed in the project which will require major revisions to the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; 2. Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or 3. New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified shows any of the following: A. The project will have one or more significant effects not discussed in the previous EIR; B. Significant effects previously examined will be substantially more severe than shown in the previous EIR; C. Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or 1-4

8 D. Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative. Mitigation measures imposed relate directly to the solar project, and are not intended to grant Kern County jurisdiction over the PG&E facilities, and any requirements in these measures to obtain permits from or submit plans for approval to Kern County or any department thereof apply only to the project proponent and not to PG&E. The lead agency does not have jurisdiction over PG&E s facilities, nor does it have authority to impose mitigation measures on PG&E s project. However, in order to reduce impacts of the work conducted at existing PG&E facilities to a less than significant level, PG&E employs Avoidance and Protection Measures ( APMs ), which are incorporated into PG&E s project activities Based on the evaluation provided in this Addendum, no new significant impacts would occur as a result of the proposed modified project or utility facilities and upgrades that may be needed to interconnect the project to PG&E s electrical system, nor would there be any substantial increase in the severity of any previously-identified significant environmental impact. In addition, no new information of substantial importance shows that mitigation measures or alternatives that were previously found not to be feasible or that are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment alternative. Therefore, none of the conditions described in Section of the CEQA Guidelines has occurred. For this reason, an addendum is the appropriate document to comply with CEQA requirements for the proposed modified project. 1.6 Evaluation of Alternatives CEQA requires a comparative evaluation of a proposed project and alternatives to the project, including the No Project alternative. The certified EIR addressed a reasonable range of alternatives for the approved project. There is no new information indicating that an alternative that was previously rejected as infeasible is in fact feasible, or that a considerably different alternative than those previously studied would substantially reduce one or more significant effects on the environment. 1.7 Adoption and Availability of Addendum In accordance with CEQA Guidelines Section 15164(c), an addendum to an EIR need not be circulated for public review but can be included in or attached to the certified EIR. The decision-making body must consider the Addendum with the certified EIR prior to making a decision on the project (CEQA Guidelines Section 15164(d)). Although not required, this Addendum is available for public review at the Kern County Planning and Community Development Department, 2700 M Street, Bakersfield, California

9 Chapter 2 Modified Project Description 2.1 Introduction and Background This chapter of the Addendum describes the modifications to the project that have been proposed by the project proponent. The proposed modified project includes Lot Line Adjustment to reconfigure the parcel boundaries of APNs: and to facilitate construction of the approved Maricopa West (Figure 2-1). The proposal also includes the addition of a gen-tie connection up to 700 feet to the existing PG&E distribution line, as well as utility upgrades of existing PG&E transmission lines and facilities within the vicinity of the project site. The duration of the construction activities would be approximately 1 to 2 months. Modified Project Location The regional setting for the proposed modified project would be unchanged. The proposed modified project site is located south of South Lake Road, north of Gardner Field Road (see Figure 1-1). The proposed modified project site remains within the Kern County General Plan. Project Site and Surrounding Land Uses The proposed modified project would be comprised of two parcels of record and is designated Map Codes 8.1 (Intensive Agriculture) and 8.1/2.5 (Intensive Agriculture, Flood Hazard), by the Kern County General Plan; with a zone classification of A (Exclusive Agriculture). The site is currently undeveloped and uncultivated farmland. Surrounding land uses include uncultivated and cultivated farmland. A portion of Maricopa West is within a FEMA-designated flood zone, Flood Zone A indicating that it could be inundated during a 100-year flood event. General Plan land use designations, and zone classifications for the proposed modified project and surrounding areas is provided in Table 2-1, Proposed Modified Site and Surrounding Land Uses, Designations, and Zoning. Table 2-1 Proposed Modified Site and Existing Surrounding Land Uses, Designations, and Zoning Direction from Project Sites Existing Land Use Existing Land Use Designations Existing Zoning Modified Project Site Uncultivated farmland 8.1, 8.1/2.5 A North & East Uncultivated farmland 8.1, 8.1/2.5 A South & West Cultivated farmland 8.1 A General Plan Designations: Zoning Classification: 8.1 = Intensive Agriculture (Minimum 20 Acres) A = Exclusive Agriculture 2.5 = Flood Hazard No changes are proposed to the previously approved types of project equipment; as PV panels on fixed or single-axis tracking support structures, inverters and transformers and medium voltage would also be constructed on the proposed modified project site. The proposed Modified Site Plan would include upgrades to a three-phase gen-tie connection of up to 700 feet in length expanding approximately 200 feet south of the southwest corner of the project site. The gen-tie would span from the project site boundary to 2-1

10 the point of interconnection (POI) supported by two new wooden or steel poles installed along the length of the gen-tie. As illustrated in Figure 2-5, the exact location and configuration of the gen-tie connection has not been finalized and the actual gen-tie route and location of up to two new poles along the length of the gen-tie could occur anywhere in the area denoted Potential Disturbance Study Area shown in Figure 2-5. However, two or three poles would be installed within the maximum 100 foot area of potential ground disturbance to connect the project site, via gen-tie line, to the POI at the existing PG&E 69 kv transmission line. The gen-tie connection will involve replacing one wooden pole with a steel pole at the POI, as well as replacing up to 10 additional existing wooden poles with new poles along the existing Maricopa-Copus 69kV line. Communication cables will potentially be installed overhead or below ground via trenching for approximately 700 feet along the gen-tie line from Project area to POI. If the construction of a temporary transmission line or shoofly (Figure 2-6) is necessary, it likely will consist of the installation of 3-4 new temporary poles with a worst-case scenario involving installation of up to 11 new temporary poles - parallel to the existing PG&E 69 kv Maricopa-Copus transmission line. Although it is anticipated that the potential PG&E shoofly would require only three or four temporary poles, Figure 2-5 depict and convey the worst-case scenario and maximum temporary impact. The maximum eleven new temporary poles installed as part of the shoofly would likely be removed following construction of the modified Project. In addition to the work on or near the Project site, PG&E will also conduct various upgrades within their existing Copus, Maricopa, Midway and Taft substations. The Copus, Maricopa and Taft substations are located less than nine miles from the Maricopa West project site; the Midway substation is located about 21 miles northwest of the site. All upgrades will be conducted within the existing fence line of a PG&E substation and do not involve any ground disturbance or any expansion of a substation footprint. The height of the substation components will not increase. These upgrades are generally related to communications and safety protocols required by PG&E. Operation of the proposed modified project also would be the same as described in the EIR. The operation and maintenance activities and decommissioning program would not change. 2.2 Entitlements Required The required discretionary approvals needed for the proposed project include: Lot Line Adjustment (LLA) 25-13; described as follows: Lot Line Adjustment (LLA) Lot Line Adjustment (LLA) to reconfigure the parcel boundaries of Parcel 1 (APN , 160 ac; NE ¼ Section 30, T32S R25E) and Parcel 2 (APN , 320 ac; W ½ Section 29 T32S R25E) to Parcel 1 (NE ¼ Section 30 and NW ¼ Section 29) and Parcel 2 (SW ¼ Section 29) (See Figures 2-1a and 1b). These parcels make up a portion of approved project Site

11 Figure 2-1. Regional Location Map Figure 2-2. Existing General Plan Land Use Designations 2-3

12 Figure 2-2. Existing General Plan Designations 2-4

13 Figure 2-3. Existing Zoning 2-5

14 Figure 2-4a. Lot Line Adjustment (LLA) (Before) 2-6

15 Figure 2-4b. Lot Line Adjustment (LLA) (After) 2-7

16 Table 2-2 Maricopa West Potential PG&E Work Generation-Tie Line and Transmission Line Upgrades Type of Work Upgrade Description Type and # of Equipment Existing transmission pole Replace 1 existing wooden pole at Truck-mounted auger, 1 digger replacement and installation of POI with 1 new steel pole approx. derrick. 2 aerial lift trucks, 2 new equipment 150 feet south of the project site pickups, single man lift truck boundary, and replace up to 10 existing wooden poles adjacent to the POI on the existing Maricopa- Copus 69kV line. Install one new pole about 120 ft south from site boundary; 1 new pole, 60 ft from existing 69kV line, Potential installation of temporary shoofly transmission line Installation of underground communications cables Potential ground disturbance related above referenced pole replacement and installation work will be supported by guy wire. If a shoofly is required, likely 3-4 temporary new poles will be installed parallel to existing PG&E 69 kv Maricopa-Copus transmission line. Potential maximum of 11 temporary new poles could be installed. Communication cables will potentially be installed either above ground or below ground via trenching for up to 500 feet along gen-tie line from Project area to POI. Potential ground disturbance could include a 50-foot radius around each replaced or new poles, as well as potential underground trenching of between 3 and 6 feet depth for communications cable between the replaced poles along the existing Maricopa-Copus 69kV line, as well as approx. 700 feet along the gentie between the Project site and the existing wooden pole at the POI. Truck-mounted auger, 1 digger derrick, 2 aerial lift trucks, 2 pickups, single man lift truck Up to three boom trucks and cable-pulling equipment Chain saws; heavy duty pickup / SUV trucks for tree removal 2-8

17 Figure 2-5. Maricopa West Potential Utility Upgrades 2-9

18 Figure 2-6. Maricopa West Potential Shoofly 2-10

19 Table 2-3 Potential PG&E Work Existing Substations in the Vicinity of Maricopa West Existing PG&E Substation Upgrade Description Type and # of Equipment Copus 70 kv Installation of 1 heavy duty pickup / SUV Substation telecommunications wires, and 1 light pickup truck Maricopa 70 kv Substation Midway Substation Taft 70k Substation cables and related equipment Installation of telecommunications wires, cables and related equipment Installation of telecommunications wires, cables and related equipment Installation of telecommunications wires, cables and related equipment 1 heavy duty pickup / SUV and 1 light pickup truck 1 heavy duty pickup / SUV and 1 light pickup truck 1 heavy duty pickup / SUV and 1 light pickup truck Expand Footprint (Y/N)? N N N N 2-11

20 Chapter 3 Environmental Analysis This Addendum evaluates the potential for the proposed modified project and off-site impacts to result in new or substantially more severe significant impacts compared to the impacts disclosed in the certified EIR. The environmental analysis provided in this section describes the information that was considered in evaluating the questions contained in the Kern County California Environmental Quality Act (CEQA) Checklist. The information used in this evaluation includes the certified EIR, the proposed modified project description, new technical studies, literature reviews, and field reconnaissance. The proposed modified project would incorporate and implement all mitigation measures identified in the certified Maricopa Sun Solar Complex EIR. Specific mitigation measures relevant to a particular potential impact of the proposed modified project are cited in the same manner as in the EIR and the associated Mitigation Measure Monitoring Program adopted in conjunction with the Maricopa Sun Solar Complex project approvals. 3.1 Aesthetics SETTING The visual setting of the proposed modified project and its surrounding area is the same as that of the approved project site. As described in the certified EIR, the aesthetic features of the regional visual environment are relatively uniform, with expansive, flat landscapes leading to nearby mountains to the south and more distant mountains to the east and west. Because there is little topographic variation to the north and the large topographic features of the San Emigdio Mountains surround the program area to the south, the regional visual environment extends approximately 40 miles around the project area. This landscape area is referred to herein as the Maricopa Flat Viewshed. The viewshed of the project sites and surrounding land uses are active and inactive farmland, residential communities and scattered rural residences, small- and large-scale agricultural operations (mostly nut and citrus trees), ecological preserves, utility easements, oil and natural gas production, manufacturing and industrial production facilities, and streets and roadways. The certified EIR concluded that the approved project would not have a substantial adverse effect on a scenic vista. No further discussion is warranted IMPACT ANALYSIS Project Impacts As in the certified EIR analysis, this chapter evaluates the potential for the proposed modified project to result in new or substantially more severe significant impacts to aesthetics in relation to the following questions as stated in the Kern County CEQA Checklist: Would the project: (a) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway. 3-1

21 The EIR established that there are no designated state scenic highways in the vicinity of the project site. Since the project site is not in the vicinity of any roadway designated or eligible for designation as a state scenic highway, there would be no construction or operational period impacts to scenic resources within a state scenic highway. The proposed modifications to the project do not change the finding in the certified EIR of no impact. Based on the foregoing, no new or revised mitigation measures are required. (b) Substantially degrade the existing visual character or quality of the site and its surroundings? The EIR established that the approved project would have potentially significant and unavoidable impacts resulting from substantial degradation of the existing visual character or quality of the site and its surroundings. The certified EIR considered construction of new power lines as part of the proposed project, although the exact location of the gen-tie lines was not identified. The facilities planned for the proposed project modification upgrades to existing PG&E facilities, the installation of an up to 700- foot gen-tie power line and associated equipment, and potential installation of temporary shoofly are identical in appearance and scale to those analyzed in the certified EIR. The location of the most visually imposing elements of the proposed modified project, including features such as tubular poles, substations and transmission lines, would remain unchanged from the approved project. The proposed lot line adjustment (LLA 25-13) intends to reconfigure the boundaries of three parcels, and as such would have no visual impact on the site or surrounding area. The proposed PG&E facility upgrades in and of themselves are minor in nature, particularly in the context of the proposed solar project, and many of the upgrades would be implemented internally within existing PG&E facilities, as noted in Table 2-2 and Table 2-3. These upgrades, including the proposed gen-tie line, potential installation of a temporary shoofly and associated equipment, as well as internal upgrades to the Copus, Maricopa, Midway, and Taft substations, will be located in areas with existing transmission/substation infrastructure or across currently cultivated ground, resulting in a small, incremental visual change. The impacts of the proposed off-site upgrades to existing PG&E facilities would be of similar size and appearance to that equipment currently on the site, and therefore would result in a less than significant impact. Mitigation Measures MM through MM were identified to help reduce the visual character impacts. These mitigation measures would reduce impacts by requiring drought-tolerant plants to be planted along the fence line to soften the visual impact, siting of onsite electrical collection systems underground to the extent feasible and clearing of debris from the project area at least twice per year and posting of signage. The certified EIR found that the significance of impacts after mitigation would be significant and unavoidable. For these reasons, the proposed modifications to the project would not result in new or a substantial increase in the severity of the impact to visual character or quality of the site and its surroundings than disclosed in the certified EIR. The proposed modifications to the project do not change the finding in the certified EIR of significant and unavoidable. Based on the foregoing, no new or revised mitigation measures are required. (c) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? 3-2

22 The proposed lot line adjustment (LLA 25-13) would have no light or glare impact on the site or surrounding area. Lighting on the approved project sites will be limited to small-scale security lighting, and the dominant feature of the project, the solar panels, were determined to result in less glare than typical residential or commercial glass. The proposed modified project would not introduce new equipment or facilities which would increase lighting or glare impacts. The EIR determined that with the implementation of Mitigation Measures through and compliance with development standards, the Kern County Zoning Ordinance, as well as the goals, policies and implementation measures of the Kern County General Plan would reduce the potential for spillover lighting to adversely affect residents, motorists, recreationists, and workers to a less-than significant level. These measures would ensure that the project will not create substantial light or glare that could affect views in the area by requiring project facility lighting to use only the minimum illumination required, mandating the use of non-reflective building materials where appropriate, and requiring the use of solar panels and hardware which minimize glare and spectral highlighting to the extent feasible. Privacy slats woven into the perimeter fencing would also help reduce potential glare from the approved project. Implementation of these mitigation measures would also be obligatory for the proposed modified project. The proposed modifications to the project and the off-site upgrades to PG&E facilities do not change the finding in the certified EIR of less than significant. Based on the foregoing analysis, no new or revised mitigation measures are required. Cumulative Impacts The EIR concluded that the impacts of the approved project will combine with impacts of past, present, and reasonably foreseeable projects to create a substantial adverse effect on the aesthetics of the project site and its surroundings. The proposed project modification would also increase the mechanical character of the viewshed by introducing additional utility-grade infrastructure, thereby changing the area s character from rural, agricultural, open space to a more industrial nature. The anticipated proliferation of additional solar generation facilities would profoundly change the visual character of the Kern County landscape for the lives of these projects (30 to 35 years). Therefore, implementation of the project would result in a cumulatively considerable significant impact related to change in visual character and scenic quality, as well as create a source of light into the project area and its surroundings. The certified EIR concluded that cumulative impacts would be significant and unavoidable after mitigation. The proposed modified project will not result in any new or substantially more adverse cumulative aesthetic impacts than considered in the certified EIR and therefore no new or revised mitigation measures are necessary. However, even with the implementation of Mitigation Measures MM through MM 4.1-9, the modified project impacts would be considered significant and unavoidable. The proposed project modification would not generate substantially more adverse cumulative impacts to aesthetics and visual resources than those disclosed in the certified EIR and would be mitigated to the maximum extent practicable by the incorporation of all feasible and applicable mitigation measures. 3-3

23 3.2 Agriculture and Forest Resources SETTING The certified EIR analyzed the environmental and regulatory setting with respect to agriculture and forest resources. The certified EIR include an analysis of approximately 6,046 acres of nearly flat land that were previously cultivated for agricultural production. All of the project-level parcels are included within Agricultural Preserve No. 12. The certified EIR concluded that the approved project would not, 1) conflict with existing zoning or cause rezoning of forestland, timberland or timberland zoned Timberland; and 2) result in the loss of forestland or conversion of forestland to no-forest use. No further discussion is warranted IMPACT ANALYSIS Project Impacts As in the certified EIR analysis, this Chapter evaluates the potential for the proposed modified project to result in new or substantially more adverse significant impacts to agriculture and forest resources in relation to the following questions as stated in the Kern County CEQA Checklist: Would the project: (a) Convert Prime Farmland, Unique Farmland, or 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 nonagricultural use? The Maricopa West parcel is designated Map Codes 8.1 (Intensive Agriculture) and 8.1/2.5 (Intensive Agriculture, flood hazard), by the Kern County General Plan, and within the A (Exclusive Agriculture) zone district. The approved project site is currently undeveloped and uncultivated farmland. It is designated as Prime Farmland by the California Department of Conservation s Farmland Mapping and Monitoring Program (FMMP) (California Department of Conservation 2010). The Williamson Act Land use contract for the Maricopa West parcel was tentatively cancelled with the approved project by the Kern County Board of Supervisors, requiring payment of the cancellation for final cancellation. As noted in the certified EIR, although the California Department of Conservation has designated these parcels as Prime Farmland, Farmland of Statewide Importance, and Unique Farmland, on the IFMs produced in accordance with the DOC s FMMP, the parcels do not otherwise meet the criteria established by the NRCS for each of these designations. First, the modified project parcels have not been cultivated since at least 2004 and, therefore, have not been cultivated within four years of the current IFM 2010 mapping date. Second, under the NRCS soils criteria, successful agricultural production depends not only on the suitability of the land for agricultural production, but also the existence of a developed and dependable irrigation water supply. As previously noted, in past years, several parcels have been leased out for the commercial cultivation of crops that were irrigated using a portion of the lease holder s water allotment. The property owner has removed any water allocation from all the subject properties. Because water for irrigation is not available and is not likely to be available in the foreseeable future, agricultural productivity of the land is restricted and cultivation of crops is infeasible. 3-4

24 The gen-tie line up to 700 feet in length and associated equipment will cross land designated as Farmland of Statewide Importance that is under cultivation and subject to a Williamson Act Land Use contract. Offsite upgrades of existing PG&E utility facilities will be located on currently developed land that will not result in any other changes to the setting analyzed in the certified EIR. The proposed lot line adjustment (LLA 25-13) would reconfigure the parcel boundaries of three parcels, and as such would have no agricultural impact on the site or surrounding area. Temporary impacts from the proposed gen-tie line and associated equipment, existing transmission line pole replacements and temporary shoofly line installation will be up to 1.8 acres (50 radius x 24 poles [2 new poles + 11 existing pole replacements + 11 temporary pole installations] of uncultivated fallow field and up to 2.5 acres of actively cultivated land (almond orchard). Therefore, the designated farmland within the proposed modified project area is not considered productive agricultural land, and its conversion to use for the solar facility would result in a less-thansignificant impact. The proposed modifications to the project do not change the finding in the certified EIR of significant and unavoidable. Base on the foregoing, no new or revised mitigation measures are required. (b) Conflict with existing zoning for agricultural use or a Williamson Act contract? The approved project includes three conditional use permits (CUP) to allow for the future development of solar facilities on project-level parcels. The applicant selected the properties because of its high solar isolation and close proximity to the electrical grid. Additionally, the subject properties have given up their water rights via the property owner s reallocation of State water allotment contracts to other parcels, are predominantly non-productive, and are unlikely be put into agricultural production in the foreseeable future. Therefore, the approved CUP render the project consistent with the existing zoning of the projectlevel sites, and the impact of conversion of agricultural land to a permitted, consistent use would be considered less than significant. In support of the approved project, petitions for the early contract cancellation encumbering all projectlevel parcels were filed pursuant to Section 51282(a)(2), requiring that the cancellation be in the public interest finding. In the certified EIR, the lead agency noted that a Williamson Act contract cancellation is an option under limited circumstances and conditions set forth in Government Code (GC) et seq. In such cases, landowners may petition a board/council for Williamson Act contract cancellation. The board/council may grant tentative cancellation only if it makes required statutory findings (GC 51282(a)). A non-renewal is not required if the Williamson Act contract cancellation is being pursued under the public interest finding. In order to find that the cancellation is in the public interest, the board/council must find (1) that other public concerns substantially outweigh the objectives of the Williamson Act; and (2) that there is no proximate, non-contracted land which is both available and suitable for the proposed use, or, that development of the contracted land would provide more contiguous patterns of urban development (GC 51282(c)). An analysis of proximate parcels showed that there are no available non-contracted properties within the vicinity of the approved project parcels. This analysis provided the justification for supporting the cancellation based on making the public interest findings. The certified EIR concluded that the public concerns of energy supply, energy security, global climate change, creation of an estimated 1,500 engineering, administrative, construction, and maintenance jobs, and the economy substantially outweigh the objectives of the Williamson Act. As such, the finding set forth in Government Code Section 51282(c)(1) were satisfied. The Williamson Act Land use contracts for approved project were tentatively 3-5

25 cancelled with the approved project by the Kern County Board of Supervisors, requiring payment of the cancellation for final cancellation. The proposed lot line adjustment (LLA 25-13) intends to reconfigure the boundaries of two parcels, and as such would have no impact related to continued farming or a Williamson Act Land Use contract on the site or surrounding area. The gen-tie line and existing utility facility upgrades for the proposed modified project as noted in Table 2-2 and Table 2-3, will occur within largely disturbed areas or within the road rights-of-way. However, the parcel directly to the south of Maricopa West (approved project Site 5), is subject to a Williamson Act contract and under cultivation with almond trees. Worst-case temporary impacts from the proposed gen-tie line and associated equipment, existing transmission line pole replacements and temporary shoofly line installation will be up to 1.8 acres (50 radius x 24 poles [2 new poles + 11 existing pole replacements + 11 temporary pole installations] of uncultivated farmland and up to 2.5 acres of actively cultivated land (almond orchard). It is anticipated that permanent impacts to the project site would be negligible, with the loss of approximately 25 square feet (2 foot pole radius x 2 new poles). However, given the fact that the removal of these trees does not preclude the continued agricultural use on the entire property and only impacts a small fraction of the total contracted acres, this impact would be considered less than significant. With regard to the proposed upgrades and installation of poles, etc,, the Williamson Act provides that the construction, alteration, or maintenance of electric facilities are compatible uses within an agricultural preserve, and such uses are allowed on lands subject to a Williamson Act contract if they are consistent with certain principles of compatibility. Generally, the uses are considered compatible as long as they do not significantly compromise the land s long term productive agricultural capability, significantly displace agricultural operations on the site, or result in the significant removal of adjacent contracted land from agricultural use. See Cal. Gov. Code Additionally, the Agricultural Preserve Standard Uniform Rules as adopted by the Kern County Board of Supervisors identifies the erection, construction, alteration, operation, and maintenance of gas, electric, water, and communication utility facilities and similar public service facilities by corporations and companies under the jurisdiction of the Public Utilities Commission of the State of California and by public agencies as compatible uses within a Williamson Act contract area. Therefore the existing PG&E facilities and distribution lines are determined to be compatible with property under a Williamson Act Land Use contract. The proposed upgrades and installation of poles, etc, would only temporarily impact a small area of active farmland during site preparation. These activities are compatible with agricultural operations on the modified project site and surrounding properties because as noted previously, the impacts are temporary for the installation of new poles on a small fraction of the property. Once the poles are in place, new almond trees can be planted. Therefore, impacts are considered less than significant. The proposed modifications to the project do not change the finding in the certified EIR of less than significant. Based on the foregoing, no new or revised mitigation measures are required. (c) Involve other changes in the existing environment that, because of their location or nature, could result in the conversion of farmland to nonagricultural use or conversion of forestland to non-forest use? The approved project would convert agricultural land to accommodate development of future solar facilities. However, land on the project sites does not consist of productive agricultural land and has not been used consistently for agricultural purposes for approximately 8 years. Furthermore, solar facilities are considered to be a consistent use and are permitted on properties zoned for exclusive or limited 3-6

26 agricultural use with the approval of a CUP. Therefore, with approval of the CUP request, the proposed project is consistent with and not conflict with the existing zoning of the project sites. Additionally, the project consists of stand-alone solar energy facilities that are unlikely to attract urban development and will not directly or indirectly result in a dis-contiguous pattern of urban development. As a result, this impact is considered to be less than significant. Therefore, the proposed modified project would not include activities that would restrict or impair agricultural production or otherwise impact the uses that exist on adjacent land. Because no other changes are expected to the existing environment as a result of activities proposed in the project area, the proposed project would not result in the conversion of farmland to non-farmland uses on adjacent properties. The proposed modified project will not result in any new or substantially more adverse impacts relating to conversion of farmland than considered in the certified EIR. The proposed lot line adjustment (LLA 25-13) intends to reconfigure the parcel boundaries and would have no impact. The addition of a new gen-tie line up to 700-feet in length, associated equipment and potential temporary shoofly, as well as upgrades to existing PG&E facilities would not change the conclusion that the project would not result in conversion of farmland to nonagricultural use, and the aforementioned upgrades and expansions would primarily occur within already-disturbed areas and would not lead to effects on surrounding agricultural uses beyond those identified in the certified EIR. The proposed modifications to the project do not change the finding in the certified EIR of no less than significant. Based on the foregoing, no new or revised mitigation measures are required. (d) Result in the cancellation of an open space contract or a Farmland Security Zone Contract for any parcel of 100 or more Acres (PRC Section 15206(b)(3)).)? The approved project included the cancellation of Williamson Act contracts on 6,046 acres of farmland. Although the approval project-level parcels were under Williamson Act contracts, none of the properties have water rights. In addition, parcels surrounding the project within a 3-mile radius were evaluated to determine their suitability as an alternate location. The certified EIR analyzed the impacts of the cancellation of 6,046 acre of contract farmland and concluded that although the land was agriculturally non-productive and without suitable water for crop irrigation, the affected parcel sizes were greater than the 100-acre threshold described above, and therefore the impact on Williamson Act land was considered significant and unavoidable. As noted previously, the proposed modified project will not result in any new or substantially more adverse impacts relating to the cancellation of an Open Space Contract than what was considered in the certified EIR. The proposed lot line adjustment (LLA 25-13) would have no impact on the site or surrounding area. The addition of a new gen-tie line up to 700 feet in length, a potential temporary shoofly and associated equipment, PG&E facility upgrades would not change the conclusion that the project would not result in further cancellations of Williamson Act Land Use contracts, and the aforementioned upgrades and expansions would primarily occur within already-disturbed or developed areas and would not lead to effects on surrounding contracted parcels beyond those identified in the certified EIR. The proposed modifications to the project do not change the finding in the certified EIR of significant and unavoidable. Based on the forgoing, no new or revised mitigation measures are required. 3-7

27 Cumulative Impacts All Sites With the exception of an approximate 700 foot length of cultivated land outside the approved project site boundaries to be used for the gen-tie connection, as well as the potential upgrades to existing PG&E transmission line facilities as well as a potential temporary shoofly, the modified project site has not been farmed for at least 8 years, is not considered productive agricultural land. Furthermore, solar facilities are a permitted use on areas zoned A (Exclusive Agriculture) with approval of a CUP. Therefore, implementation of the approved project would be consistent and would not conflict with the existing the zoning on all sites. The certified EIR found that cumulative impacts would be significant and unavoidable. However, the proposed modified project will not result in any new cumulative impacts not relating to agriculture and forest resources than what was considered in the certified EIR. Therefore, the project modifications to the project do not change the findings in the certified EIR of significant and unavoidable. Based on the foregoing, no new or revised mitigation measures are required. 3-8

28 3.3 Air Quality SETTING The environmental setting for air quality is the same as described in the certified EIR. Like the approved project site, the proposed projec is located in the San Joaquin Valley Air Basin (SJVAB) and is governed by the regulations of the U.S. Environmental Protection Agency (USEPA), California Air Resources Board (CARB), and the San Joaquin Valley Air Pollution Control District (SJVAPCD) The SJVAPCD has identified quantitative emission thresholds for NO X, PM10, and ROG to determine whether the potential air quality impacts of a project may produce a significant impact. The air quality threshold for NO X and ROG is 10 tons per year. The threshold for PM10 is 15 tons per year, established as the limit at which an impact on the SJVAB may occur. No regional emission thresholds have been established for CO, PM2.5, and SO X. Insight Environmental, Inc. prepared an addendum updated of air quality impacts for the proposed modified project (November 6, 2013), and attached as Appendix A to this Addendum EIR. The proposed modified project will not result in any changes to the setting analyzed in the certified EIR. The certified EIR concluded that the approved project would not 1) cause the creation of objectionable odors, affecting a substantial number of people. No further discussion is warranted IMPACT ANALYSIS Project Impacts As in the certified EIR analysis, this Chapter evaluates the potential for the proposed project to result in new or substantially more adverse significant impacts to air quality in relation to the following questions as stated in the Kern County CEQA Checklist: Would the project: (a) Conflict with or obstruct implementation of the applicable air quality plan? The EIR concluded that the approved project would not conflict with or obstruct implementation of the applicable air quality plan with implementation of mitigation measures. Construction-period air pollutant emissions were determined to not exceed SJVAPCD standards. Operational-period emissions were determined to be consistent with the Air Quality Attainment Plan implemented for the area by the SJVAPCD. The certified EIR applied Mitigation Measures MM 4.3-1, MM and MM to further reduce impacts to air quality in the area. These mitigation measures provide various means by which temporary construction dust generation from ground disturbance, as well as emissions from vehicular and other project construction activities would be reduced. Implementation of these mitigation measures would also be obligatory for the proposed modified project. The proposed modified project lot line adjustment (LLA 25-13) intends to reconfigure the parcel boundaries and would have no impact. The addition a new approximate gen-tie line up to 700-feet in length and temporary shoofly and associated equipment, PG&E facility upgrades as noted in Table 2-2 and Table 2-3, would not change the conclusion that the project would not result change the conclusion that the project would not result in obstruct or conflict with an applicable air quality plan, and the aforementioned upgrades would primarily occur within already-disturbed areas and would not lead to air 3-9

29 quality effects beyond those identified in the certified EIR. As noted in the Addendum letter (Appendix A), the amount of construction activity associated with the project modifications will be inconsequential if added to the previously modeled activities from the AQIA. Therefore, it is concluded that the impacts evaluated in the certified EIR s AQIA will accurately reflect the project s impacts with the proposed modified project activities included. Therefore no new mitigation measures are necessary. Emissions associated with operation of the proposed modified project would be similar to those associated with operation of the approved project. The proposed modifications to the project do not change the finding in the certified EIR of less than significant. Based on the foregoing, no new or revised mitigation measures are required. (b) Violate any air quality standard or contribute substantially to an existing or projected air quality standard? The certified EIR concluded that with implementation of MM and 4.3-3, the approved project would not violate an applicable air quality standard or contribute substantially to an existing or projected air quality violation. Construction-period air pollutant emissions were determined to not exceed SJVAPCD standards. Operational-period emissions were determined to be substantially below the SJVAPCD s significance thresholds. As explained above, the proposed modified project would not result in substantially increased emissions compared with the approved project, and such emissions will continue to be below SJVAPCD s standards. For these reasons, the proposed modifications to the project do not change the finding in the certified EIR of less-than-significant impacts. Based on the foregoing, no new or revised mitigation measures are required. (c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is in nonattainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? Specifically, would implementation of the project exceed any of the following adopted thresholds: (ii) San Joaquin Valley Air Pollution Control District (SJVAPCD) Operational and Area Sources Reactive organic gases 10 tons per year Oxides of nitrogen (NO x ) 10 tons per year Particulate matter (PM 10 ) 15 tons per year Stationary Sources as Determined by District Rules Severe nonattainment: 25 tons per year; and Extreme nonattainment: 10 tons per year The certified EIR concluded that the approved project could result in a cumulatively considerable net increase in criteria pollutants for which the project air basin is in nonattainment under federal or State standards. The proposed project modifications would comply with SJVAPCD Rules 8021 and 9510 and Kern County General Plan Element Policy 20. Once operational, the facility would result in substantial net reductions in regional pollution by allowing for reduced use of polluting fossil-fuel-based facilities (such as coal-powered plants). However, because the SJVAB is in nonattainment status for the State 1- hour ozone, 8-hour ozone, PM10, and PM2.5 standards and nonattainment for federal 8-hour ozone and 3-10

30 PM2.5 standards, increased emissions of these pollutants during construction would contribute to significant cumulative impacts. Therefore, the conservative conclusion in the certified EIR is that cumulative impacts during construction are significant and unavoidable and would therefore result in a cumulatively considerable net increase in pollutants for which the region is in nonattainment. For these reasons, the proposed modifications to the project do not change the finding in the certified EIR of significant and unavoidable impacts. Based on the foregoing, no new or revised mitigation measures are required. (d) Expose sensitive receptors to substantial pollutant concentrations? The EIR determined that the approved project site s rural location and there is a lack of any significant air pollutant emissions sensitive receptors within five miles. As shown above, approved project construction and operational emissions of criteria pollutants would be within SJVAPCD yearly thresholds and would not affect nearby sensitive receptors. Operation of the proposed project would have no air quality impacts on nearby sensitive receptors. Furthermore, the project subareas are not underlain by the type of sediments that are known to contain Valley Fever spores. Therefore, implementation of required mitigation measures would reduce the amount of fugitive dust and the risk of contracting Valley Fever. Implementation of MM and MM would result in less than significant impacts related to exposure of sensitive receptors to substantial pollutant concentrations. The proposed modified project intends to reconfigure parcel boundaries and would have no impact. The addition of a new gen-tie line up to 700 feet in length, associated equipment and a potential temporary shoofly, as well as upgrades to existing PG&E facilities as noted in Table 2-1 and Table 2-would not change the conclusion that the project would not result in substantial pollutant concentrations, and the aforementioned upgrades would primarily occur within already-disturbed areas and would not lead to air quality effects beyond those identified in the certified EIR. As noted in the Addendum letter (Appendix A), the amount of construction activity associated with the project modifications will be inconsequential if added to the previously modeled activities from the AQIA. Therefore, it is concluded that the impacts evaluated in the certified EIR s AQIA will accurately reflect the project s impacts with the proposed modified project activities included. For these reasons, the proposed modifications to the project do not change the finding in the certified EIR of less than significant impacts. Based on the foregoing, no new or revised mitigation measures are required. Cumulative Impacts The certified EIR concluded that the impacts of the approved project when combined with impacts of past, present, and reasonably foreseeable projects to create a substantial adverse effect on air quality during temporary construction activities and would, therefore, result in significant and unavoidable cumulative impacts. However, the temporary construction period for the proposed modified project would not create substantially more adverse cumulative impacts to air quality than those disclosed in the certified EIR and would be mitigated to the maximum extent practicable by the incorporation of Mitigation Measures MM 4.3-1, MM 4.3-2, and MM This would be in addition to imposition of all the SJVAPCD s rules and regulations, including Regulation VIII, Rules 402, 8021 and As described above, construction and operation of the proposed modified project would result in minimal additional emissions relative to the approved project. The development of solar power generation has positive air quality impacts by providing electricity that would otherwise come from other sources, a significant portion of which produce air pollution through 3-11

31 the burning of fossil fuels. Overall, the projects in the cumulative analysis would create a minimal operational -period emissions impact related to air quality. The proposed modified project will not result in any new or substantially more adverse cumulative air quality impacts not already considered in the certified EIR and therefore no new or revised mitigation measures are necessary. Therefore, the proposed modifications to the project would be mitigated to the maximum extent practicable by the incorporation of all feasible and applicable mitigation measures by the incorporation of Mitigation Measures MM 4.3-1, MM 4.3-2, and MM

32 3.4 Biological Resources SETTING The EIR included a comprehensive analysis of special-status and sensitive species, local habitats and vegetation communities, and jurisdictional waters over the approved project site. Detailed information on survey methods and findings is presented in the certified EIR Appendix E, which includes a preliminary biological evaluation (Quad Knopf 2009), the April 2010 biological assessment of the project-level parcels (Quad Knopf 2010a), the August 2010 supplemental biological assessment for transmission lines (Quad Knopf 2010b), and the blunt-nosed leopard lizard focused survey report (Quad Knopf 2010e), as well as a wetland delineation (Quad Knopf 2010c) and the conservation plan (Quad Knopf 2010d). Preparation of these studies required an evaluation of existing information available from the California Department of Fish & Wildlife (CDFW), U.S. Fish & Wildlife Service (USFWS), California Native Plant Society (CNPS), and various environmental documents prepared for past projects in the region. A supplemental report, An Evaluation of Biological Impacts Associated with an Addendum to the Environmental Impact Report for the Maricopa Sun Solar Complex Project was prepared for this addendum (Quad Knopf, 2013; Addendum EIR Appendix B). Much of the native habitat in the project region has been converted to agricultural production, oil field development, urban development, and associated infrastructure (e.g., highways, water conveyance facilities, transmission lines), but remnant stands of native habitat exist at scattered localities. The certified EIR concluded that the approved project would conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance. No further discussion is warranted IMPACT ANALYSIS Project Impacts As in the certified EIR analysis, this Addendum evaluates the potential for the proposed project modification to result in new or substantially more severe significant impacts to biological resources in relation to the following questions as stated in the Kern County CEQA Checklist: Would the project: (a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game (CDFG) [Now California Department of Fish and Wildlife] or U.S. Fish and Wildlife Service (USFWS)? The approved project parcels are all zoned for agriculture uses and are characterized with cultivated and uncultivated farmlands south and southeast of the historic Buena Vista Lake shoreline. Although currently fallow, these sites have been disked periodically to prevent weed growth. Because the parcels have been frequently disked, there was little vegetation growing at these sites during the biological surveys. The approved project area was surveyed for evidence of wildlife presence or activity, and scanned with binoculars for potential avian nest sites. All wildlife species observed or detected by sign were recorded. 3-13

33 CONSTRUCTION Based on the results of the reconnaissance surveys, species specific surveys were conducted as part of the field investigations within potentially suitable habitats. Several special-status species are known to occur at the project sites, and would be at risk of adverse impacts during temporary construction activities. Therefore, development of the project-level parcels could have significant impacts on special-status species unless appropriate mitigation measures are included. Mitigation is required to reduce the impacts associated with take of the above species. Measures to reduce construction-related impacts include Mitigation Measures MM 4.4-3, MM 4.4-7, MM , and MM , which would help to avoid impacts on wildlife during construction by establishing setbacks, avoiding wildlife, and educating the construction crews on appropriate protocol. Species specific measures include Mitigation Measures MM 4.4-4, MM 4.4-5, MM 4.4-8, and MM 4.4-9, which would target the unique characteristics of certain onsite special-status species. Construction impacts on special-status species would be reduced to less than significant with mitigation incorporated. OPERATION In consideration of the known and expected use of the project area by special-status wildlife species, impacts on special-status wildlife species would be significant. Mitigation Measures MM through MM would reduce impacts to less-than-significant levels by implementing measures designed to reduce wildlife mortality and ensure long-term site suitability, and by educating onsite personnel. Operational impacts on special-status species would be reduced to less than significant with mitigation incorporated. Mitigation Measure MM and MM related to habitat enhancement improvements areas on identified approved sites and the development of a project-specific conservation plan (the Maricopa Sun Solar Habitat Conservation Plan [HCP]. However, the habitat enhancement improvements as outlined in HCP are not required for the Site 5 (Maricopa West) or Site 15 (Maricopa East). The addendum biological resources report (Appendix B), states that the proposed modified project will result in no ground disturbances. The only on-site activity associated with this proposed modified project would be land surveys conducted to establish new boundaries. Implementing the proposed modified project will result in no adverse impacts to biological resources. The report also concludes that the addition of a new gen-tie line up to 700-feet in length, associated equipment and a potential temporary shoofly, as well as upgrades to existing PG&E facilities as noted in Table 2-2 and Table 2-3 would not change the conclusion that with implementation of MM through MM , the project would not result in significant impacts to sensitive or special status species in local or regional plans, policies, or regulations, and the aforementioned upgrades and expansions would primarily occur within alreadydisturbed areas and would not lead to impacts to biological resources beyond those identified in the certified EIR. The construction activity associated with the project modifications will primarily be conducted on currently cultivated, or existing, disturbed or developed land without the appropriate habitat to support sensitive species. Therefore, it is concluded that the impacts evaluated in the certified EIR will accurately reflect the project s impacts with the proposed modified project activities. For these reasons, the proposed modifications to the project do not change the finding in the certified EIR of less than significant. Based on the forgoing, no new or revised mitigation measures are required (b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the CDFG or USFWS? 3-14

34 Other than wetlands (discussed below under Impact (c), there are no riparian or other sensitive vegetation communities occurring within the approved project area. However, there are sensitive natural communities in the vicinity of 2 approved project sites (e.g., saltbush scrub along the margins of Site 1 and alkali sink along the margins of Site 15). Encroachment by construction and maintenance vehicles could potentially occur, resulting in crushing of plants, disruption to soil integrity, and degradation to the vegetation community. Avoidance measures would be developed and implemented to ensure that trespass into adjacent sensitive natural communities would not occur. The certified EIR concluded that implementation of MM would reduce impacts to less than significant levels. As noted above, the addendum biological resources report (Appendix B), concludes that the proposed modified project will result in no ground disturbances, and therefore, the LLA will result in no adverse impacts to riparian or sensitive natural communities. The report also concludes that the addition of a new gen-tie line up to 700-feet in length, associated equipment and potential temporary shoofly, as well as upgrades to existing PG&E facilities as noted in Table 2-2 and Table 2-3 would not change the conclusion that with implementation of MM 4.4-1, the proposed modified project would not result in significant impacts to riparian or sensitive natural communities, and the aforementioned upgrades would primarily occur within already-disturbed areas and would not lead to impacts to biological resources beyond those identified in the certified EIR. The proposed modifications to the project do not change the finding in the certified EIR of less than significant. Based on the foregoing, no new or revised mitigation measures are required. (c) Would Have a Substantial Adverse Effect on Federally Protected Wetlands as Defined by Section 404 of the Clean Water Act (Including, but Not Limited to, Marsh, Vernal Pool, Coastal, etc.) through Direct Removal, Filling, Hydrological Interruption, or Other Means? The certified EIR noted one wetland features located on several of the approved project parcels include freshwater emergent wetland on Site 2, potential wetland on Site and two non-wetland features: Canal #1, which runs through Site 3, and Canal #2, which runs through Sites 3, 6, and 7. These features would not likely fall within the jurisdictional authority of USACE because they would be considered isolated features, or would be exempt from the permitting process (e.g., Canal #1 drains only upland areas and is unconnected to jurisdictional features). The State Water Quality Control Board and CDFG may take jurisdictional authority over some of the features that are excluded from USACE jurisdiction. Therefore, the certified EIR concluded that with incorporation of Mitigation Measure MM , that would require restrictions of solar development in the areas supporting the wetland habitat, impacts on wetlands would be reduced to a level that is less than significant. The addendum biological resources report (Appendix B), determined that the proposed modified project will result in no ground disturbances and its implementation will result in no adverse impacts to wetland resources. The report also concludes that the addition of associated equipment and upgrades to existing PG&E facilities as noted in Table 2-2 and Table 2-3 would not change the conclusion that with implementation of MM project would not result in significant impacts to protected wetlands, and the aforementioned upgrades would primarily occur within already-disturbed areas and would not lead to impacts beyond those identified in the certified EIR. The construction activity associated with the project modifications will be conducted on existing, disturbed or developed land without the appropriate habitat to support sensitive species. Therefore, it is concluded that the impacts evaluated in the certified EIR will accurately reflect the project s impacts with the proposed modified project activities. For these reasons, the proposed modifications to the project do not change the finding in the certified EIR of less than significant. Based on the foregoing, no new or revised mitigation measures are required. 3-15

35 (d) Would Interfere Substantially with the Movement of Any Native Resident or Migratory Fish or Wildlife Species, or with Established Native Resident or Migratory Wildlife Corridors, or Impede the Use of Native Wildlife Nursery Sites? As noted in the certified EIR, the approved project does not occur within a known migration route and the program area does not occur within a significant wildlife corridor or linkage area as identified in the Recovery Plan for Upland Species in the San Joaquin Valley (see certified EIR). There are no substantial connections between the project area and existing protected lands. The program sites are not situated in an area important for connectivity of native lands, except on a very local level. Sites that are disked regularly lack native vegetation and offer no cover for wildlife species. Therefore, the approved project would result in less-than-significant impacts on established wildlife corridors or wildlife nursery sites. No mitigation measures were required. Similarly, the addendum biological resources report (Appendix B), concluded that implementing the LLA will result in no adverse impacts to the movement of any migratory fish or wildlife species, or a wildlife corridor or nursery site. The report also determined that the addition of associated equipment and upgrades to existing PG&E facilities as noted in Table 2-2 and Table 2-3 would not change the conclusion that the proposed modified project would not result in significant impacts to migration routes, wildlife migratory corridors or nurseries, and the aforementioned upgrades would primarily occur within already-disturbed areas and would not lead to impacts beyond those identified in the certified EIR. The construction activity associated with the project modifications will primarily be conducted on existing, disturbed or developed land without the appropriate habitat to support sensitive species. Therefore, it is concluded that the impacts evaluated in the certified EIR will accurately reflect the project s impacts with the proposed modified project activities.. For these reasons, the proposed modifications to the project do not change the finding in the certified EIR of less than significant. Based on the foregoing, no new or revised mitigation measures are required. (e) Conflict with provisions of an adopted habitat conservation plan, natural community conservation plan or other approved local, regional, or state habitat conservation plan? Local policies and ordinances protecting biological resources are provided in Section of the Kern County General Plan, which provide for the conservation of oak trees, oak woodlands and the protection of sensitive vegetation and wildlife species. There are no oak trees, or oak woodlands on the proposed modified project site. The approved project did not fall within an area that is covered by an existing, adopted HCP or NCCP. The approved project does fall within the boundaries of the San Joaquin Valley Upland Species Recovery Plan. However, the proposed project would not conflict with any provisions of that plan and would not prohibit or decrease the potential for the recovery of species covered in that plan. The proposed modifications to the project do not change the finding in the certified EIR of less than significant. Based on the foregoing, no new or revised mitigation measures are required. Cumulative Impacts The EIR concluded that the impacts of the approved project will combine with impacts of past, present, and reasonably foreseeable projects to create a cumulatively significant loss of some biological habitat resources in the region. With the implementation of Mitigation Measures MM through , the approved project would contribute to significant and unavoidable cumulative impacts to loss of some species habitat. The addendum biological survey (Appendix B) prepared for this addendum EIR confirms that the proposed project modifications would not create new or substantially more severe cumulative 3-16

36 impacts to biological resources than those disclosed in the certified EIR and would be mitigated with the implementation of Mitigation Measures MM through , to the maximum extent practicable by the incorporation of all feasible and applicable mitigation measures. 3-17

37 3.5 Cultural Resources SETTING This Addendum Cultural Resources Inventory was prepared by Pacific Legacy (2013), for the proposed modified project (Appendix C). The report provides information on the proposed project addition gathered from records searches through the Records of the Southern San Joaquin Valley Information Center (SSJVIC) of the California Historical Resources Information System (CHRIS) and through fieldwork conducted in 2010 (see certified EIR Appendix F). Pedestrian archaeological and historic architecture surveys were undertaken to identify cultural resources to determine potential effects to these resources posed by the proposed modified project. Resources older than 45 years located in the proposed modified project were identified and documented. Project setting information for the proposed project addition, including information on the area s natural environment, history, ethnography, and regulatory environment, is the same as that for the approved project, and is provided in the certified EIR IMPACT ANALYSIS Project Impacts As in the certified EIR analysis, this Addendum evaluates the potential for the proposed modified project to result in new or substantially more adverse significant impacts to cultural resources in relation to the following questions as stated in the Kern County CEQA Checklist: Would the project: (a) Cause a substantial adverse change in the significance of a historical resource, as defined in State CEQA Guidelines Section ? As discussed in the certified EIR, 17 recorded cultural resources were identified within the 0.5 miles of the project-level parcels, which included modified project Site 5 (Maricopa West). As stated in the Addendum Cultural Resources Inventory, (see Appendix C), while no aboveground CRHR-eligible sites have been identified within the proposed project, underground excavations at the approved project sites could uncover finds requiring evaluation by a qualified professional. To minimize the potential for loss of undiscovered cultural resources, the certified EIR applied Mitigation Measures MM to the approved project, which would also be obligatory for the proposed modified project. This mitigation measure requires a qualified archaeologist be contacted if, during construction, any cultural resources are encountered, to minimize the potential for significant impacts on any significant historical-era deposits. The proposed lot line adjustment (LLA 25-13) would reconfigure the boundaries of three parcels, and as such would have no historically-related impact on the site or surrounding area. The majority of the construction activities associated with the proposed PG&E upgrades identified in Table 2-2 and Table 2-3 are at existing facilities, and would be similar to regular maintenance upgrades conducted by PG&E. The off-site gen-tie, associated equipment and a potential temporary shoofly, as well as PG&E transmission line and substation upgrades are across currently cultivated ground or at existing PG&E facilities and will not result in any other changes to the setting analyzed in the certified EIR. The Addendum Cultural Resources Inventory concluded that the proposed modified project will not result in any new or substantially more adverse impacts relating to historic cultural resources than considered in the EIR and 3-18

38 therefore no new or revised mitigation measures are necessary. The proposed modified project will comply with all mitigation measures required in the certified EIR. Implementation of Mitigation Measure MM would reduce impacts to a level of less than significant. For these reasons, the proposed modifications to the project do not change the finding in the certified EIR of less than significant. Based on the foregoing, no new or revised mitigation measures are required. (b) Cause a substantial adverse change in the significance of an archaeological resource, pursuant to State CEQA Guidelines Section ? As noted above, the proposed modified project consists of LLA 25-13, which would have no impact on archaeological resources. In addition, the majority of the construction activities associated with the proposed PG&E upgrades identified in Table 2-2 and Table 2-3 are at existing facilities or across cultivated or disturbed agricultural ground, while the gen-tie and potential temporary shoofly, as well as associated equipment is across cultivated agricultural ground and therefore will not result in any other changes to the setting analyzed in the certified EIR. The Addendum Cultural Resources Inventory concluded that the proposed modified project will not result in any new or substantially more adverse impacts relating to archaeological cultural resources than considered in the EIR. The proposed modified project will comply with all mitigation measures required in the certified EIR. Implementation of Mitigation Measure MM would reduce impacts to a level of less than significant. No new or revised mitigation measures are required. The proposed modifications to the project do not change the finding in the certified EIR of less than significant. Based on the foregoing, no new or revised mitigation measures are required. (c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? Because the approved project is not located near any known paleontological resources, and construction activities would involve relatively shallow excavations and trenching, impacts on paleontological resources would be considered less than significant. However, the implementation of Mitigation Measure MM would require a halt of ground-disturbing activities if paleontological resources are uncovered during the construction phase. Implementation of this mitigation would minimize the potential for impacts to occur on paleontological resources. The proposed lot line adjustment (LLA 25-13) will reconfigure the parcel boundaries of three parcels, and as such would have no paleontological-related impact on the site or surrounding area. The majority of the construction activities associated with the proposed PG&E upgrades identified in Table 2-2 and Table 2-3 are at existing facilities, and would be similar to regular maintenance upgrades conducted by PG&E. The proposed gen-tie, associated equipment and temporary shoofly, as well as upgrades to existing PG&E transmission lines are on currently cultivated or disturbed ground. According to the EIR, no vertebrate fossil localities are present in the project vicinity. Mitigation for this potential impact is provided in the EIR through Mitigation Measure 4.5-3, which a qualified paleontologist be contacted to quickly and professionally assess and the discovery and determine the appropriate course of action at that time. Implementation of this mitigation measure would also be obligatory for the proposed modified project. The proposed modifications to the project do not change the finding in the certified EIR of less than significant. Based on the foregoing, no new or revised mitigation measures are required. (d) Disturb any human remains, including those interred outside of formal cemeteries? 3-19

39 There is no indication, either from the archival research results or the archaeological survey, that any particular location in the project area has been used for human burial purposes in the recent or distant past. However, in the event that human remains are inadvertently discovered during project construction activities, the human remains could be inadvertently damaged, which would be a significant impact. The EIR included Mitigation Measure to reduce this potential impact to below a level of significance by requiring limited work stoppages and proper handling of sites where human skeletal remains are discovered. Implementation of this mitigation measure would also be obligatory for the proposed modified project. The proposed modifications to the project do not change the finding in the certified EIR of less than significant. Based on the foregoing, no new or revised mitigation measures are required. Cumulative Impacts The EIR concluded that the impacts of the approved project, when combined with the impacts of past, present, and reasonably foreseeable projects, would not create a substantial adverse effect on cultural resources and would not, therefore, result in significant and unavoidable cumulative impacts. The proposed modified project does not contain any identified historic, prehistoric archaeological or paleontological resources, and the mitigation measures (MM through MM 4.5-4), included in the certified EIR to reduce potential impacts to currently unidentified cultural and paleontological resources would apply to the proposed modified project. For these reasons, the proposed modifications to the project do not create new or substantially more severe cumulative impacts to cultural or paleontological resources than those disclosed in the certified EIR and would be mitigated to the maximum extent practicable by the incorporation of all feasible and applicable mitigation measures. 3-20

40 3.6 Geology and Soils SETTING The EIR analyzed the environmental setting for the approved project, including the local and regional setting. It also analyzed the regulatory setting at the federal, State and local levels. With respect to geology and soils, the proposed modified project will not result in any changes to the setting considered in the certified EIR. The certified EIR concluded that the approved project is not located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, resulting in landslides, lateral spreading subsidence, liquefaction or collapse. No further discussion is warranted IMPACT ANALYSIS Project Impacts As in the certified EIR, this Addendum evaluates the potential for the proposed modified project to result in new or substantially more adverse significant impacts to geology and soils in relation to the following questions as stated in the Kern County CEQA Checklist: Would the project: (a) The project would expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? The certified EIR analyzed the sites with respect to seismic ground shaking, seismically related ground failure, and soil liquefaction. As noted in the certified EIR, no active or inactive faults traverse any of the proposed project-level sites, there are no designated Alquist-Priolo Earthquake Special Study Zones, and the sites are not designated 2.1 Seismic Hazard by the Kern County General Plan. Construction of the proposed photovoltaic facilities at the project sites would be subject to applicable ordinances of the Kern County Building Code (Chapter 17.08) and the California Building Standards Code (CCR Title 24). Mitigation Measure MM requires that a qualified geotechnical engineer design the project facilities to withstand possible seismic-induced ground shaking on the site and comply with all federal, State and local building codes and regulations. It concluded that, after mitigation, impacts would be less than significant at the approved project sites. The proposed modified project would adhere to all requirements, and implementation of MM would reduce impacts resulting from seismically related ground failure to a level of less than significant. It concluded that, after mitigation, impacts would be less than significant at the approved project sites. The proposed modified project will not result in any new or substantially more adverse impacts relating to adverse geologic effects than considered in the certified EIR and therefore no new or revised mitigation measures are necessary. The proposed lot line adjustment (LLA 25-13) intends to reconfigure the parcel boundaries of two parcels (a portion of Site 5), and as such would have no seismic-related impact on the site or surrounding area. The majority of the construction activities associated with the proposed PG&E upgrades identified in Table 2-2 and Table 2-3 are at existing facilities, and would be similar to regular maintenance upgrades conducted by PG&E. The proposed gen-tie, potential temporary shoofly, and associated equipment route is across currently cultivated ground, and would be similar to regular 3-21

41 maintenance upgrades conducted by PG&E. The proposed modified project will not result in any new or substantially more adverse impacts relating to geologic or soil instability than considered in the EIR.. The proposed modified project will comply with all mitigation measures required in the EIR. Implementation of Mitigation Measure MM would reduce impacts to a level of less than significant. The proposed modifications to the project do not change the finding in the certified EIR of less than significant. Based on the foregoing, no new or revised mitigation measures are required. (b) The Project would expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving strong seismic ground shaking? The certified EIR noted that the project area is located within a seismically active region that is well known for active faulting and historic seismicity, and concluded that it was likely that the approved project would be subjected to at least a moderate or larger earthquake occurring close enough to produce strong ground shaking at the project location. Additionally, structural damage to PV panels, PV panel support structures, overhead transmission lines, and other associated equipment or facilities could injure workers at the project sites. Therefore, mitigation would be required. Implementation of Mitigation Measure MM would reduce impacts to less-than-significant levels. The proposed modified project will not result in any new or substantially more adverse impacts relating to adverse seismic activity than considered in the certified EIR and therefore no new or revised mitigation measures are necessary. The proposed lot line adjustment would have no ground-shaking-related impact on the site or surrounding area. The addition of a new gen-tie line up to 700 feet in length, associated equipment and potential temporary shoofly, as well as the PG&E facility upgrades as noted in Table 2-2 and Table 2-3 will not result in any other changes to the setting analyzed in the certified EIR. The proposed modified project will comply with all mitigation measures required in the EIR. Implementation of Mitigation Measure MM would reduce impacts resulting from seismically related ground shaking to a level of less than significant. The proposed modifications to the project do not change the finding in the certified EIR of less than significant. Based on the foregoing, no new or revised mitigation measures are required. (c) The Project would expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death, involving seismic-related ground failure, Including Liquefaction? The certified EIR noted that the majority of the project-level parcels were generally at low risk for liquefaction due to the depth of groundwater beneath the parcels. However, a few sites were exceptions, including Site 15, the easternmost parcel within the project-level sites, which is designated 2.3 Shallow Groundwater by the Kern County General Plan, indicating the potential for liquefaction to occur. The presence of low groundwater near several of the proposed project-level parcels, combined with loose soils, poses a potential impact from seismic-related ground failure, including liquefaction, and implementation of Mitigation Measure MM would reduce this potential impact to a level below significance. The proposed modified project will not result in any new or substantially more adverse impacts relating to adverse liquefaction ground failure than what was considered in the certified EIR.. The proposed lot line adjustment (LLA 25-13) will reconfigure the boundaries of three parcels, and as such would have no liquefaction-related impact on the site or surrounding area. The addition of a new gen-tie line up to 700 feet in length, associated equipment and potential temporary shoofly, as well as upgrades to existing PG&E facilities as noted in Table 2-2 and Table 2-3 will not result in any other changes to the setting 3-22

42 analyzed in the certified EIR. The proposed modified project will comply with all mitigation measures required in the certified EIR. Implementation of Mitigation Measure MM would reduce impacts resulting from seismically related ground failure due to liquefaction would be less than significant. The proposed modifications to the project do not change the finding in the certified EIR of less than significant. Based on the foregoing, no new or revised mitigation measures are required. (d) Result in substantial soil erosion or the loss of topsoil? The certified EIR noted that construction of the approved project would include site preparation and grading activities that could result in the loosening of soils and the removal of stabilizing vegetation to expose areas of loose soil. Other related potential impacts include erosion, sedimentation, and the discharge of construction debris from the project sites. As described above, the area surrounding the program sites is within a relatively flat area between the Sierra Nevada Mountains and the Coast Ranges. Infrastructure associated with the program sites would not be situated on steep slopes and is not expected to cause or be subject to substantial erosion related to stormwater runoff events. Furthermore, as noted the approved project-level parcels are not within a zone prone to soil erosion. To reduce impacts to less than significant levels, the approved project would require implementation of Mitigation Measures MM and MM that requires minimum grading activity, the use of existing roads when possible, and the review of all grading and foundation plans by a professional engineer. Additionally, the approved project would be required to develop and implement a construction Stormwater Pollution Prevention Plan (SWPPP) and adherence to the requirements of the Kern County Code of Building Regulations, as well as with Kern County Development Standards, which establish guidelines including, but not limited to, erosion control, and on-site drainage flow requirements, including site-specific BMPs for erosion and sediment control. The proposed modified project would be subject to the same standard conditions and mitigation measures as the approved project. The proposed LLA would have no erosion-related impact on the site or surrounding area. The construction activities associated with the proposed PG&E upgrades identified in Table 2-2 and Table 2-3 are at existing facilities, and would be similar to regular maintenance upgrades conducted by PG&E. These activities would not result in loss of top soil or erosion. Implementation of MM and MM would reduce construction-related soil erosion impacts to less than significant levels. The proposed modifications to the project do not change the finding in the certified EIR of less than significant. Based on the foregoing, no new or revised mitigation measures are required. (e) Be located on a Geologic Unit or soil that is unstable, or that would become unstable as result of the Project, and potentially result in On- or Offside Landslide, Lateral Spreading, Subsidence, Liquefaction, or Collapse. The certified EIR analyzed the sites with respect to seismic ground shaking, seismically related ground failure, and soil liquefaction. The soils at the proposed project sites are mapped as Quaternary Alluvium, and include sandy and silty soils. However, the proposed program sites are located in an area of relatively flat terrain, and the potential for impacts to occur from an on- or offsite landslide are considered to be less than significant. Also, as described above, there are no active or inactive faults traversing the approved project sites, and the potential for lateral spreading, seismic ground shaking or seismically related ground failure, including liquefaction to occur also is less than significant. 3-23

43 As noted above, construction of the proposed photovoltaic facilities at the project sites would be subject to applicable ordinances of the Kern County Building Code (Chapter 17.08) and the California Building Standards Code (CCR Title 24). Mitigation Measure MM would reduce impacts resulting from seismically related ground failure to a level of less than significant. It concluded that, after mitigation, impacts would be less than significant at the approved project sites. The proposed modified project will not result in any new or substantially more adverse impacts relating to adverse geologic effects than considered in the certified EIR and therefore no new or revised mitigation measures are necessary. The LLA reconfigures the boundaries of three parcels, and would have no seismic-related impact on the site or surrounding area. The addition a new gen-tie line up to 700 feet in length, associated equipment and potential temporary shoofly, as well as upgrades to existing PG&E facilities as noted in Table 2-2 and Table 2-3 will not result in any other changes to the setting analyzed in the certified EIR. The proposed modified project will comply with all mitigation measures required in the EIR. Implementation of Mitigation Measure MM would reduce impacts resulting from seismically related ground failure to a level of less than significant. The proposed modifications to the project do not change the finding in the certified EIR of less than significant. Base of the foregoing, no new or revised mitigation measures are required. (f) Be located on expansive soil, as defined in Table 18-1 B of the Uniform Building Code (1994), creating substantial risks to life or property? The Plasticity Index and Liquid Limit values for these soils (i.e., Cerini loam, Calflax loam, Fages clay, and Posochanet silt loam), indicate that there may be potential for the existence of expansive soils in all approved project-level sites. However, the impacts are considered to be less than significant with implementation of Mitigation Measure MM The certified EIR concluded that the approved project would have less than significant impacts after mitigation. The proposed modified project will not result in any new or substantially more adverse impacts relating to expansive soil than considered in the certified EIR and therefore no new or revised mitigation measures are necessary. The proposed LLA would have no expansive soil-related impact on the site or surrounding area. The addition of a new gen-tie line up to 700 feet in length, associated equipment and potential temporary shoofly, as well as upgrades to existing PG&E facilities as noted in Table 2-2 and Table 2-3, will not result in any other changes to the setting analyzed in the certified EIR. The proposed modified project will comply with all mitigation measures required in the EIR. Implementation of Mitigation Measure MM would reduce impacts to a level of less than significant. The proposed modifications to the project do not change the finding in the certified EIR of less than significant. Based on the foregoing, no new or revised mitigation measures are required. (g) The project would have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems in areas where sewers are not available for the disposal of wastewater? The certified EIR noted that the approved project may require development of a septic system and leach field to support the any proposed operations and maintenance buildings. The septic systems and leach fields would be required to comply with applicable requirements of the Kern County Environmental Health Service Division. Impacts related to the disposal of wastewater would be reduced to less than significant levels with the implementation of Mitigation Measure MM 4.6-4, which requires approval and 3-24

44 permits by the Kern County Environmental Health Service Division of any septic system on the approve project parcels. The proposed modified project does not include the design or installation of an Operations and Maintenance building or a septic system. The proposed lot line adjustment (LLA 25-13) would reconfigure the boundaries of three parcels, and would have no wastewater-related impact on the site or surrounding area. The addition of new gen-tie lines, associated equipment and potential temporary shoofly, as well as upgrades of existing PG&E substations will not result in any other changes to the setting analyzed in the certified EIR. The proposed modified project will not result in any new or substantially more adverse impacts relating to the disposal of wastewater or wastewater disposal systems than what was considered in the EIR and therefore no new or revised mitigation measures are necessary. Impacts would be considers less than significant. The proposed modifications to the project do not change the finding in the certified EIR of less than significant. Based on the foregoing, no new or revised mitigation measures are required. Cumulative Impacts The geographic scope for considering cumulative impacts related to geology and soils includes the extent of the project site because impacts on geology and soils are site specific. All planned projects in the vicinity of the proposed project would be subject to review in separate environmental documents and required to conform to the Kern County General Plan, mitigate seismic hazards, and provide appropriate engineering to ensure soil stability. As currently designed, and with the identified mitigation measures incorporated, the proposed project would not contribute to a cumulative impact related to geology and soils, including seismic hazards. The EIR found that cumulative impacts would be less than significant after implementation of Mitigation Measures MM through MM The proposed modified project including the addition a new gen-tie line up to 700 feet in length, associated equipment and potential temporary shoofly, as well as existing PG&E facility upgrades as described in Table 2-2 and Table 2-3, as well as the upgrades of existing PG&E utility facilities will not result in any new or substantially more adverse cumulative impacts relating to geology and soils than considered in the EIR and therefore no new or revised mitigation measures are necessary. The proposed modified project will comply with all mitigation measures required in the EIR. Implementation of Mitigation Measures MM through MM would reduce cumulative impacts to less than significant levels. 3-25

45 3.7 Greenhouse Gas Emissions SETTING Greenhouse gas emissions result in impacts which are global in nature. As such, the environmental and regulatory settings related to greenhouse gas emissions provided in the EIR adequately describe the setting for the proposed modified project IMPACT ANALYSIS Project Impacts As in the EIR analysis, this Addendum evaluates the potential for the modified project to result in new or substantially more adverse significant impacts to aesthetics in relation to the following questions as stated in the Kern County CEQA Checklist: Would the project: (a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? The certified EIR established that the approved project would significantly reduce greenhouse gas emissions by providing an emissions-free source of electricity, offsetting greenhouse gases that would be emitted from facilities producing electricity from nonrenewable resources (e.g., coal or natural gas). Total short-term construction GHG emissions from the proposed project would amount to 13,066 metric tons. The proposed project s operational emissions would amount to 6 metric tons. The total estimated operational offset of the approved project is -559,003 metric tons per year of CO 2 e. It is also anticipated that electricity generated from the proposed project will reduce demand on the electrical generating grid in the future. These in addition, the approved project is helpful in achieving the State s Renewable Portfolio Standard goal of 33 percent of electricity generated from renewable sources by The proposed modified project would not introduce different equipment or facilities that would increase greenhouse gas emissions compared to the approved project. The proposed modifications to the project do not change the finding in the certified EIR of less than significant. Based on the foregoing, no new or revised mitigation measures are required. (b) Conflict with any applicable plan, policy, or regulation of an agency adopted for the purpose of reducing the emissions of greenhouse gases? The certified EIR concluded that the approved project would also be consistent with the County s policy to encourage solar development to conserve fossil fuels and improve air quality; and that compliance with the goals, policies, and implementation measures of the Kern County General Plan would be required. Therefore, no additional mitigation measures are proposed. The proposed modifications to the project do not change the finding in the certified EIR of less than significant. Based on the foregoing, no new or revised mitigation measures are required. 3-26

46 Cumulative Impacts The EIR concluded that the impacts of the approved project would not combine with impacts of past, present, and reasonably foreseeable projects to create a substantial adverse effect on greenhouse gas emissions. The proposed modified project would similarly have a positive impact on reducing greenhouse gas emissions in the long term. Therefore, the proposed modifications to the project do not create new or substantially more adverse cumulative impacts to greenhouse gas than those disclosed in the certified EIR. Mitigation measures would not be required for cumulative impacts. 3-27

47 3.8 Hazards and Hazardous Materials SETTING The EIR discussed the existing conditions related to hazards and hazardous materials in the study area and described the environmental setting for hazardous materials, oil extraction fields, and electromagnetic fields (EMFs). It also assessed the regulatory setting at the federal, State and local levels. With respect to hazards and hazardous materials, the proposed modified project will not result in any changes to the setting considered in the EIR. The certified EIR concluded that the approved project would not 1) create a significant hazard to the public or environment through the routine transport, use or disposal of hazardous materials; 2) emit hazardous emissions materials or waste within 0.25 miles of a school; 3) be located on a site that is included on the Cortese List of hazardous sites pursuant to GC ; 4) be located within an airport land use plan or be within 2 miles of a public airport; or 5) impair implementation of or interfere with an adopted emergency response or evacuation plan. No further discussion is warranted IMPACT ANALYSIS Project Impacts As in the certified EIR analysis, this Addendum evaluates the potential for the proposed modified project to result in new or substantially more adverse significant impacts to hazards and hazardous materials in relation to the following questions as stated in the Kern County CEQA Checklist: Would the project: (a) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment As noted in the certified EIR, although the project-level parcels are not located within an identified oil field, DOGGR Map 32S 25E indicates the presence of three plugged and/or abandoned wells within the project-level parcels (i.e., APN and ). Because of the presence of wells within the project-level parcels, possible impacts related to a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment were analyzed. Mitigation measure MM is required to ensure appropriate handling of the closed wells. Therefore, implementation of Mitigation Measure MM would reduce potential impacts from existing wells to less-than significant levels. Historical uses for all project sites included agricultural uses. Therefore, residual traces of pesticides and herbicides may be present on all sites. Although cultivation has not occurred on the sites for at least 8 years, construction and operation activities may result in the release of dust, thereby potentially exposing these chemicals. Mitigation Measure MM includes dust control measures to reduce this impact to a less-than-significant level. The approved project would be subject to all federal, State, and local laws pertaining to the use of hazardous materials on site. Material used during construction and operation of the approved project may include cleaning fluids and petroleum products including lubricants, fuels, and solvents. Some solid hazardous waste, such as welding materials and dried paint, may also be generated during construction. These materials would be transported to the site during construction, and any hazardous materials that are produced as a result of the construction of the project would be collected and 3-28

48 transported away from the site. Mitigation Measure MM requires that a hazardous materials business plan be submitted to the Kern County Environmental Health Services Division/Hazardous Materials Section, which would include a complete list of all materials used on site and information regarding how the materials would be transported and in what form they would be used. Mitigation Measure MM restricts the new application of rodenticides and herbicides in project areas and would reduce potential impacts to less-than-significant levels. The certified EIR concluded that, with implementation of MM through MM 4.8-3, the impacts of the approved project would be less than significant. The proposed modified project will not result in any new or substantially more adverse impacts relating to hazardous materials than considered in the EIR. The proposed LLA intends to reconfigure the boundaries of two parcels (a portion of Site 5), and as such would have no related impact on the site or surrounding area. The addition of a new gen-tie line up to 700 feet in length, associated equipment and potential temporary shoofly, as well as existing PG&E facility upgrades as noted in Table 2-2 and Table 2-3 will not result in any other changes to the setting analyzed in the certified EIR. The proposed modified project will comply with all mitigation measures required in the EIR. The certified EIR concluded that, with implementation of MM through MM 4.8-3, the impacts of the approved project would be less than significant. The proposed modifications to the project do not change the finding in the certified EIR of less than significant. Based on the foregoing, no new or revised mitigation measures are required. (b) Be located within the vicinity of a private airstrip and result in a safety hazard for people residing or working in the project area. The certified EIR noted a private airstrip used for commercial skydiving operations is located adjacent to and east of the proposed project-level Parcel 15, along Copus Road. The EIR concluded that the proposed solar facility would use non-glare technology with the solar panels to reduce any visual impact/impairment that may interfere with nearby skydiving operations and aircraft in the vicinity. Impacts on skydiving operations, and impacts are considered to be less than significant. The identified airstrip is not in the vicinity of the proposed modified project site. Therefore, the proposed modified project or the addition of a new gen-tie line up to 700 feet in length, associated equipment and potential temporary shoofly, as well as existing PG&E facility upgrades as noted in Table 2-2 and Table 2-3 will not result in any other changes to the setting analyzed in the certified EIR. The proposed modifications to the project do not change the finding in the certified EIR of less than significant. Based on the foregoing, no new or revised mitigation measures are required. (c) The project would expose people or structures to a significant risk of loss, injury, or death involving wildland fires, including where wildlands are adjacent to urbanized Areas or Where Residences Are Intermixed with wildlands. The approved project parcels are undeveloped and kept clear of vegetation by periodic disking. Additionally, the surrounding area is generally characterized as irrigated cropland or undeveloped land. There are very few residences in the area. Therefore, the certified EIR concluded that the risk of exposing people or structures to fire hazards within the immediate surrounding areas is low. Impacts related to wildland fires are considered less than significant, and no mitigation measures were proposed. 3-29

49 The proposed modified project will not result in any new or substantially more adverse impacts relating to fire safety hazards than considered in the EIR and therefore no new or revised mitigation measures are necessary. The proposed modified project will comply with all mitigation measures required in the certified EIR. Impacts from wildfire hazards from the proposed modified project are considered less than significant. The proposed modifications to the project do not change the finding in the certified EIR of less than significant. Based on the foregoing, no new or revised mitigation measures are required. Cumulative Impacts As indicated above, hazardous materials release could result from activities during construction and operation of the approved project, including site grading, pile-driving, and the use and transportation of petroleum-based lubricants, solvents, fuels, herbicides, and pesticides to and from the site. However, conformance with existing State and County regulations, project safety design features, and implementation of Mitigation Measures MM 4.8-1, MM 4.8-2, and MM identified above would render this impact less than significant. This impact does not have the potential to contribute to hazards associated with cumulative projects because these types of impacts would be localized to the immediate vicinity of the project site. Therefore, impacts associated with past, present, and reasonably foreseeable future projects would not be cumulatively considerable and the approved project s incremental contribution would be cumulatively insignificant. For these reasons, the proposed modified project will not result in any new or substantially more adverse cumulative impacts relating to hazards or hazardous materials than considered in the certified EIR and therefore no new or revised mitigation measures are necessary. The proposed modified project will comply with all mitigation measures required in the EIR. Implementation of MM through MM would reduce cumulative impacts of the approved project to less than significant. 3-30

50 3.9 Hydrology and Water Quality SETTING The proposed modified project has the same setting related to hydrology and water quality, including the same hydrologic and flooding history, climate, surface and groundwater background, and soils, as the approved project analyzed in the available literature, including a conceptual drainage study for the project-level parcels prepared by Quad Knopf in July, The setting is fully described in the certified EIR. The certified EIR concluded that the project did not 1) violate any water quality standards; 2) substantially deplete groundwater, interfere substantially with groundwater recharge or a lower the local groundwater table level; 3) place housing within a 100-year flood hazard area, 4) expose people or structures to a significant risk of flooding a result of the failure of a levee or dam, inundation by seiche, tsunami, or mudflow. No further discussion is warranted IMPACT ANALYSIS Project Impacts As in the certified EIR analysis, this Addendum evaluates the potential for the proposed modified project to result in new or substantially more severe significant impacts to hydrology in relation to the following questions as stated in the Kern County CEQA Checklist: Would the project: (a) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner that would result in substantial erosion or siltation on site or off site? Portions of the approved project are located in areas designated as being in a flood hazard. A portion of the proposed Maricopa West is also designated as being in FEMA Zone A, which is defined by FEMA as a Special Flood Hazard Area. Any placement of structures in areas with special flood hazards, areas with flood-related erosion hazards, or areas with mudslide hazards (i.e., mudflow) within the jurisdiction of unincorporated Kern County would be required to comply with the construction standards and design specifications of the Kern County Floodplain Management Ordinance. The project developer/operator will comply with Chapter of the Kern County Floodplain Management Ordinance, especially Article III, and the Kern County Grading Code, especially Sections , , and In addition, the proposed modified project would be subject to the same standard conditions as the approved project, including preparation of a Stormwater Pollution Prevention Plan (SWPPP) and adherence to other requirements of the Kern County Code of Building Regulations, as well as with Kern County development Standards, which establish guidelines including, but not limited to, flood control requirements, erosion control, and on-site drainage flow requirements. Mitigation Measure MM and MM requires that prior to the commencement of construction activities, the project operator would prepare and submit a drainage plan to the Kern County Engineering, Surveying and Permit Services Department, which would include post-construction structural and nonstructural BMPs. Routine structural BMPs are intended to address water quality impacts related to drainage that are inherent in development. The certified EIR noted that with implementation of Mitigation Measures MM and MM 4.9-2, impacts of the approved project would be reduced to less than significant levels. 3-31

51 The proposed modified project will not result in any new or substantially more adverse impacts relating to erosion and siltation than what was considered in the certified EIR. The proposed lot line adjustment (LLA 25-13) would have no hydrology-related impact on the site or surrounding area. The addition of a new gen-tie line up to 700 feet in length, associated equipment and potential temporary shoofly, as well as existing PG&E facility upgrades as noted in Table 2-2 and Table 2-3 will not result in any other changes to the setting analyzed in the certified EIR. The proposed modified project will comply with all mitigation measures required in the EIR. Implementation of Mitigation Measure implement MM and MM would reduce impacts resulting from seismically related ground shaking to a level of less than significant. The proposed modifications to the project do not change the finding in the certified EIR of less than significant. Based on the foregoing, no new or revised mitigation measures are required. (b) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner that would result in flooding on site or off site? Although portions of the approved project site is located within FEMA Zone A, which is defined by FEMA as a Special Flood Hazard Area, the EIR concluded that the approved project will not substantially alter the existing drainage pattern of the site in a manner that would result in flooding on or offsite, although development of the modified project would create a small amount of additional impervious surfaces. These changes would not substantially increase the amount of surface runoff or flooding on- or off-site. There are no streams or rivers on or in the vicinity of the proposed modified project, and therefore the proposed project would not alter the courses of any such features. In addition, the proposed modified project would be subject to the same standard conditions as the approved project, including preparation of a SWPPP and adherence to the requirements of the Kern County Grading Code and Floodplain Management Ordinance, and similar to the approved project is relatively flat and has been disked in the past. Minimal grading would be necessary to implement the proposed modified project and associated solar facilities. The proposed modified project will not result in any new or substantially more adverse impacts relating to surface run-off and flooding than what was considered in the certified EIR and therefore no new or revised mitigation measures are necessary. The proposed lot line adjustment (LLA 25-13) would have no flood-related impact on the site or surrounding area. The addition of a new gen-tie line up to 700 feet in length and potential temporary shoofly, associated equipment and existing PG&E facility upgrades as noted in Table 2-2 and Table 2-3 will not result in any other changes to the setting analyzed in the certified EIR. The proposed modified project will comply with all mitigation measures required in the EIR. Implementation of Mitigation Measure implement MM and MM would reduce impacts resulting from to a level of less than significant. The proposed modified project would not change the finding in the certified EIR of less than significant. The proposed modifications to the project do not change the finding in the certified EIR of less than significant. Based on the foregoing, no new or revised mitigation measures are required. (c) Create or Contribute Runoff Water that Would Exceed the Capacity of Existing or Planned Stormwater Drainage Systems or Provide Substantial Additional Sources of Polluted Runoff. 3-32

52 The certified EIR analyzed site hydrology and climatology data was utilized to determine the characteristics of the watersheds and thus estimate the quantity of runoff. The hydrological soils groups were categorized by the Kern County Hydrology Manual. Soil groups were classified based on the minimum infiltration rate, and are rated A, B, C, or D. The soil properties correlate saturation levels during a flood event. The predominant soil types were classified as Soils Group B and Soils Group D. Soils Group B (Site 5) are characterized by having slow infiltration rates when thoroughly wetted, consisting chiefly of moderately deep to deep, moderately well to well drained soils with moderately coarse textures. These soils have a moderate rate of water transmission and are generally suitable for storm water retention basins on a case-by-case basis. Soils Group D (Site 15) are characterized by having very slow infiltration rates when thoroughly wetted, consisting chiefly of (1) clay soils with high swelling potential, (2) soils with a high permanent water table, (3) soils with clay pan or clay layer at or near the surface, and (4) shallow soils over nearly impervious materials. These soils have very slow water transmission and high storm runoff potential. Storm water retention basins are not recommended for group D soils. Development of the approved project would create a small amount of additional impervious surfaces. These changes would not substantially increase the amount of stormwater runoff. The project site is drained by sheet flow and does not rely on constructed stormwater drainage systems. As stipulated in MM and MM 4.9-2, drainage plans will be approved by the Kern County Engineering, Surveying and Permit Services Department, as well as other possible permit requirements for the SWPPP and BMPs required by the Kern County Grading Code and Floodplain Management Ordinance would minimize stormwater runoff from the project site during construction and operations to less than significant levels. As noted previously, the proposed modified project will not result in any new or substantially more adverse impacts relating to polluted run-off and flooding than what was considered in the certified EIR and therefore no new or revised mitigation measures are necessary. The proposed lot line adjustment (LLA 25-13) would reconfigure the parcel boundaries of three parcels, and as such would have no runoffrelated impact on the site or surrounding area The addition of a new gen-tie line up to 700 feet in length, associated equipment and potential temporary shoofly, as well as existing PG&E facility upgrades as noted in Table 2-2 and Table 2-3 will not result in any other changes to the setting analyzed in the certified EIR. The proposed modified project will comply with all mitigation measures required in the EIR. Implementation of Mitigation Measure implement MM and MM would reduce impacts resulting from runoff to a level of less than significant. The proposed modifications to the project do not change the finding in the certified EIR of less than significant. Based on the foregoing, no new or revised mitigation measures are required. (d) Substantially degrade water quality? The certified EIR noted that the approved project construction activities (such as grading of access roads) could degrade water quality through erosion and subsequent sedimentation in streams. In addition, an accidental release of potentially harmful materials, such as engine oil, diesel fuel, turbine lubricant, or cement slurry, could degrade water quality in nearby streams. Also, an improper discharge of contaminated groundwater during dewatering activities could degrade surface water resources. These potential water quality impacts would be minimized through implementation of an approved Stormwater Pollution Prevention Plan, design specifications, BMPs, the Section 402 NPDES General Permit for Stormwater Discharges, and the Kern County Grading Ordinance. Implementation of Mitigation Measures MM and MM 4.9-2, and BMPs required by the Kern County Grading Code and 3-33

53 Floodplain Management Ordinance would reduce impacts of the proposed project on water quality to less-than-significant levels. The proposed modified project will not result in any new or substantially more adverse impacts relating to polluted run-off and flooding than what was considered in the certified EIR and therefore no new or revised mitigation measures are necessary. The proposed lot line adjustment (LLA 25-13) would have no water quality-related impact on the site or surrounding area. The addition of a new gen-tie line up to 700 feet in length, associated equipment and potential temporary shoofly, as well as existing PG&E facility upgrades as noted in Table 2-2 and Table 2-3 will not result in any other changes to the setting analyzed in the certified EIR. The proposed modified project will comply with all mitigation measures required in the EIR. Implementation of Mitigation Measure implement MM and MM would reduce impacts resulting from runoff to a level of less than significant. The proposed modifications to the project do not change the finding in the certified EIR of less than significant. Based on the foregoing, no new or revised mitigation measures are required. (e) Place within a 100-year flood hazard area structures that would impede or redirect flood flows? The EIR concluded that portions of the approved project are situated within the 100-year floodplain. However, the solar panels would be elevated approximately 1 foot above ground level and less than one percent of the project site would be covered by structures which could impede or redirect flood flows. In addition, the proposed modified project would be subject to the same standard conditions as the approved project, including adherence to the requirements of the Kern County Floodplain Management Ordinance. Furthermore, the Preliminary Drainage Study contains several engineering recommendations to minimize the potential for impeding or redirecting 100-year flood flows that will be incorporated into the future grading plans. The proposed modified project will not result in any new or substantially more adverse impacts relating to impeding or redirecting floodwater than what was considered in the certified EIR and therefore no new or revised mitigation measures are necessary. The proposed lot line adjustment (LLA 25-13) would have no flood-related impact on the site or surrounding area The addition of a new gen-tie line up to 700 feet in length, associated equipment and temporary shoofly, as well as the existing PG&E facility upgrades as noted in Table 2-2 and Table 2-3 will not result in any other changes to the setting analyzed in the certified EIR. The proposed modified project will comply with all mitigation measures required in the EIR. Implementation of Mitigation Measure implement MM and MM would reduce impacts to a level of less than significant. The proposed modifications to the project do not change the finding in the certified EIR of less than significant. Based on the foregoing, no new or revised mitigation measures are required. Cumulative Impacts The EIR determined that impacts of the approved project, when combined with the impacts of past, present, and reasonably foreseeable projects, would not create a substantial adverse effect related to hydrology and water quality. The proposed modified project would not introduce different or substantially more equipment or facilities than what was analyzed in the certified EIR, and would include preparation of a SWPPP and adherence to the requirements of the Kern County Statewide NPDES requirements, Kern County Grading Code and Floodplain Management Ordinance, as well as BMPs. 3-34

54 For these reasons, the proposed modified project does not create new or substantially more severe cumulative impacts to hydrology and water quality than those disclosed in the certified EIR and would be mitigated to the maximum extent practicable by the incorporation of all feasible and applicable mitigation measures. 3-35

55 3.10 Land Use and Planning SETTING The proposed project modification is located within the approved project boundaries. As such, the regional and local land use and planning environmental and regulatory setting for the approved project, provided in detail in the certified EIR, also applies to the proposed modified project. The certified EIR concluded that the approved project would not 1) physically divide an established community; conflict with local plans, policies, or regulations; or 2) conflict with any applicable Habitat Conservation Plan or Natural Community Conservation Planning program. No further discussion is warranted IMPACT ANALYSIS Project Impacts As in the certified EIR analysis, this Addendum evaluates the potential for the proposed modified project to result in new or substantially more severe significant impacts to land use and planning in relation to the following questions as stated in the Kern County CEQA Checklist: Would the project: (a) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? The certified EIR concluded that the approved project would be largely consistent with the A (Exclusive Agriculture) zoning classification, which allows solar panels as a conditional use. Similarly, the proposed modified project would be consistent with the zoning for the project site, as well as for zoning in the surrounding area and would be consistent with existing land use plans, policies and regulations applicable to the site, including but not limited to the Kern County General Plan, the Kern County Zoning Ordinance and the Kern County Land Division Ordinance. In addition, to ensure that the approved project would not impact military flight operations or Federal Aviation Administration (FAA) rules and regulations, Mitigation Measure MM requires consultation with the Department of Defense Frequency Management Office to coordinate telemetry, and FAA staff to receive a FAA determination to ensure no hazard to flight would be caused by implementation of the approved project. The proposed modified project will not result in any new or substantially more adverse impacts relating to land use planning than considered in the certified EIR. The proposed lot line adjustment (LLA 25-13) would have no land use-related impacts. The addition of a new gen-tie line up to 700-feet in length, associated equipment and potential temporary shoofly, as well as existing PG&E facility upgrades as noted in Table 2-2 and Table 2-3 will not result in any other changes to the setting analyzed in the certified EIR. The proposed modified project will comply with all the goals, policies, and implementation measures of the Kern County General Plan, Kern County Zoning Ordinance and the Kern County Land Division Ordinance, as well as the mitigation measures as required in the certified EIR. 3-36

56 The proposed modifications to the project do not change the finding in the certified EIR of less than significant. Based on the foregoing, no new or revised mitigation measures are required, Cumulative Impacts The certified EIR found that the approved project, when combined with impacts of past, present, and reasonably foreseeable solar projects, if abandoned, may be subject to vandalism and become a cumulatively dangerous public nuisance which would require additional public services, that a mitigation measure related to the decommissioning of solar facilities was included that establishes safeguards of the health, safety and welfare of the citizens of the County (Mitigation Measure MM ). With the implementation of Mitigation Measure MM , which requires coordination of frequency and notification with the Department of Defense to avoid potential frequency conflicts with local military operations, and the above mentioned MM , cumulative impacts of the approved project would be considered less than significant? Compliance with MM and MM would also be obligatory for the proposed modified project. For these reasons, the proposed modifications to the project do not create new or substantially more severe cumulative impacts than those disclosed in the certified EIR and would be mitigated to the maximum extent practicable by the incorporation of all feasible and applicable mitigation measures. 3-37

57 3.11 Minerals SETTING The certified EIR described the affected environment and regulatory setting for mineral resources and analyzed the regional petroleum resources and sand and gravel resources. Kern County is one of the richest oil-producing counties in the United States. The State of California has statutorily required the protection of sand and gravel operations. The major resources of sand and gravel in Kern County are in stream deposits along the eastern side of the San Joaquin Valley and in the Sierra Nevada foothills, and in alluvial fan deposits along the north flank of the San Emidio and Tehachapi Mountains at the southern end of the County. None of the approved project sites were had map code designations or zoning classifications for mineral and petroleum resources, and none of the approved project sites are classified as an MRZ. The proposed modified project Site 5 is within the boundaries of the California Department of Conservation s Division of Oil, Gas, and Geothermal Resources (DOGGR) recognized Midway Sunset oil field, and there is one identified plugged and abandoned well on this site. With respect to minerals, the proposed modified project will not result in any changes to the setting considered in the EIR IMPACT ANALYSIS Project Impacts As in the certified EIR analysis, this Addendum evaluates the potential for the proposed modified project to result in new or substantially more adverse significant impacts to minerals in relation to the following questions as stated in the Kern County CEQA Checklist: Would the project: (a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the State? As discussed in Section 4.8, Hazards and Hazardous Materials, Mitigation Measure MM 4.8-1, the plugged and/or abandoned wells located within the project boundaries would be inspected and tested for leakage prior to construction activities and remedial operations would be performed if necessary. Implementation of Mitigation Measure MM would avoid potential hazards and impacts on mineral resource operations. The proposed project has a lifespan of 30 to 35 years, and the availability of the resources may be restored should the solar generating operations be removed from the site in the future. Additionally, MM would require the project operator to provide a decommission plan for review and approval by the County. The decommission plan will factor in the cost to remove the solar panels and support structures, replace any disturbed soil from removal of support structures, and control fugitive dust on the remaining vacant land. The development of the site for solar development does not deplete the resources that may lie beneath the surface, and as such, no significant impacts are anticipated. As noted in the certified EIR, would require the project operator to provide adequate access to the underlying oil reserves or other natural resources to owners of the minerals, activities in connection with the exploration, development and operation for the minerals. Mitigation Measure MM , MM , and MM requires the project operator or developer to provide revised site plans identifying the potential location of these proposed drill areas easements on each site, to allow access to the mineral 3-38

58 resources easements would provide for future petroleum and mineral resources exploration and/or extraction within the project boundaries. On project site 5 (modified project site) the project operator shall consult with Vintage Production California, LLC regarding appropriate drill sites. The proposed modified project will not result in any new or substantially more adverse impacts relating to mineral resources than considered in the EIR. The proposed modified project will comply with all mitigation measures required in the EIR. Implementation of Mitigation Measures MM 4.8-1, MM , MM , MM , and MM would result in less than significant impacts. The proposed modifications to the project do not change the finding in the certified EIR of less than significant. Based on the foregoing, no new or revised mitigation measures are required. (b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan? The certified EIR found that none of the sites are within an MRZ or on lands designated for mineral resources by a land use plan. Implementation of the proposed solar facilities would not conflict with any local general plan, specific plan, or other land use plan. With the provision of a drilling area for the sites, access to mineral resources would be maintained, and the project would not preclude mineral resource recovery within the sites or surrounding areas. In addition, because the life expectancy of the project is 30 to 35 years, access to mineral resources would not be permanently lost or impacted, and as such, the approved project would not result in a significant impact. No mitigation measures were recommended. Therefore, the certified EIR found that the approved project would have less than significant impacts. The proposed modified project, LLA and the addition of a new gen-tie line up to 700-feet in length, associated equipment and potential temporary shoofly, as well as the existing PG&E facility upgrades as noted in Table 2-2 and Table 2-3, will not result in any other changes to the setting analyzed in the certified EIR, nor will result in any new or substantially more adverse impacts relating to mineral resources than considered in the certified EIR. The proposed modified project will comply with the goals, policies, and implementation measures of the Kern County General Plan, as noted in the certified EIR. The proposed medications to the project do no change the finding in the certified EIR of less than significant. Based on the foregoing, no new or revised mitigation measures are required. Cumulative Impacts The geographic scope for considering cumulative impacts on mineral resources includes the extent of Kern County because mineral resources, especially petroleum, are a major economic component of the County as a whole. As such, impacts on mineral resources anywhere in the County combined with the project could result in a cumulative impact on County-wide mineral resources. With implementation of Mitigation Measures MM 4.8-3, MM , and MM , MM , and MM , the proposed modified project would not significantly affect mineral resources. The less-than-significant impacts of the proposed project could be combined with other solar projects in the area. Therefore, the certified EIR found that the approved project would have less than significant cumulative impacts after mitigation. The proposed modified project will not result in any new or substantially more adverse cumulative impacts relating to mineral resources than considered in the certified EIR and therefore no new or revised mitigation measures are necessary. The proposed modified project will comply with all mitigation 3-39

59 measures required in the EIR. Implementation of Mitigation Measures MM 4.8-1, MM , MM , MM , and MM would reduce cumulative impacts to less than significant levels. 3-40

60 3.12 Public Services SETTING The EIR analyzed the environmental setting for the approved project, including the local and regional setting. The proposed modified project is adjacent to the approved project site. As such, the regional and local public services environmental and regulatory setting for the approved project, provided in detail in the EIR, also applies to the proposed modified project. Like the approved project site, the proposed modified project is served by the Kern County Sheriff s Office and Kern County Fire Department. The certified EIR concluded that the approved project would have no impact on schools, parks or other public facilities. No further discussion of these services is warranted IMPACT ANALYSIS Project Impacts As in the certified EIR analysis, this Addendum evaluates the potential for the proposed project to result in new or substantially more adverse significant impacts to aesthetics in relation to the following questions as stated in the Kern County CEQA Checklist: Would the project: (a) Result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, and/or result in the need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services, which includes: (i) Fire protection? (ii) Police protection? (iii) Schools? (iv) Parks? (v) Other Public facilities? The approved project parcels are within the Western Kern and Mt. Pinos Communities Fire Plan Management Areas. The approved project sites consist of some cultivated and mostly uncultivated agricultural land, without any significant native or ruderal vegetation. The surrounding land is primarily cultivated and uncultivated agricultural land. Development of the project-level parcels would include the construction of 700 MW of solar PV power generation facilities. Although O&M buildings were proposed and analyzed, no residential structures would be constructed. Therefore, the approved project would not induce substantial population on the sites or in the surrounding area. Construction of the approved sites would utilized approximately 1,800 construction workers. The presence of construction workers would be temporary, and the approved project would include approximately a minimum of 5 onsite employees for operations. Mitigation Measure MM requires the development of a fire safety plan for use during construction and operation that would need to be submitted and approved by the Kern County Fire Department prior to issuance of building and grading permits. The EIR concluded that, with the compliance of mitigation 3-41

61 measure MM , the approved project would not result in any substantial adverse physical impacts associated with the provision of new or altered fire protection facilities. However, the proposed project may increase service demands of the Kern County Sheriff or Fire Department. Therefore, implementation of mitigation would be required. Mitigation Measure MM requires payment of impact fees for sheriff and fire protection services at a rate of $29.59 per 1,000 square feet of covered ground for the facility operation and related on-site structures for the proposed project. The proposed modified project, LLA and addition of a new gen-tie line up to 700-feet in length, associated equipment and potential temporary shoofly, as well as existing PG&E facility upgrades as noted in Table 2-2 and Table 2-3, will not result in any other changes to the setting analyzed in the certified EIR. The proposed modified project does not result in a change to the finding in the certified EIR of less-than-significant impacts relative to the provision of new or physically altered police and fire protection facilities required to maintain performance objectives. The proposed modifications to the project do not change the finding in the certified EIR of less than significant. Based on the foregoing, no new or revised mitigation measures are required. Cumulative Impacts The EIR concluded that the approved project would not combine with the impacts of past, present, and reasonably foreseeable projects to create a substantial adverse effect related to the public services and with implementation of Mitigation Measures MM and MM would not combine with cumulative projects to create a substantial adverse effect resulting in the need for new or altered fire and police protection facilities. The mitigation measures require the payment of impact fees for sheriff and development of a fire safety plan for construction and operation. Implementation of these mitigation measures would also be obligatory for the proposed modified project. Thus, the proposed modifications to the project do not create new or substantially more adverse cumulative impacts to public services than those disclosed in the EIR and would be mitigated to the maximum extent practicable by the incorporation of all feasible and applicable mitigation measures. 3-42

62 3.13 Transportation and Traffic SETTING The certified EIR describes the affected environment and regulatory setting for transportation and traffic for the approved project. The environmental setting is rural, unincorporated parts of southwestern Kern County. The EIR analyzed public transit, roads and highways, and airports in the area. The certified EIR also analyzed the regulatory setting at the federal, State and local level. The project site is located in an unincorporated, southwestern portion of Kern County, in an east west alignment approximately 1.5 miles west of Interstate 5 (I-5) and 5 miles east of the City of Taft. Transportation in the surrounding area is dominated by automobile traffic, and conditions are characterized by a sparse roadway system stemming from SR-166 and I-5. The nearest public airport to the project site is the Taft-Kern Airport, which is one of the six countyowned airports. No commercial airline services are available, but the facility is open to the public; there are tie-downs and hangars available for airplane parking. The airport s 3,550-foot runway serves agricultural, business, and personal aviation needs. The certified EIR concluded that the approved project would not 1) exceed, either individually or cumulatively, an LOS standard established by the county congestion management agency or adopted county threshold for designated roads or highways; 2) degrade Metropolitan Bakersfield General Plan LOS C ; 3) result in a change in air traffic patterns, including an increase in traffic levels; 4) Substantially increase hazards due to a design feature; 5) result in inadequate emergency access; or 6) conflict with adopted policies, plans, or programs supporting alternative transportation. No further discussion of these impacts is warranted IMPACT ANALYSIS Project Impacts As in the certified EIR analysis, this Addendum chapter evaluates the potential for the proposed modified project to result in new or substantially more severe significant impacts to traffic in relation to the following questions as stated in the Kern County CEQA Checklist: Would the project: (a) Cause an increase in traffic that is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in the number of vehicle trips, the volume-tocapacity ratio on roads, or congestion at intersections)? The traffic analysis prepared for the approved project (see Appendix H of the certified EIR), assumed that all the approved project lands would potentially be developed concurrently, construction-related traffic conditions are assumed to include the development of 6,046 acres as a conservative estimate for this analysis. It is anticipated that one, 640 acre section (1 mile) could be constructed over a 12 to 18 month period, with a peak construction workforce of 200 people for each section constructed. When all of the project-level parcels are considered, the estimated number of morning and afternoon trips is expected to generate approximately 1,036 trips, with 266 occurring in both AM and PM peak hours. During operation 3-43

63 was assumed that Operations and Maintenance (O&M) activities associated with the approved project would be minimal. The certified EIR concluded that with the low project trip generation potential during the operational phase of the approved project relative to the overall traffic conditions, project operation would result in a less than significant increase in traffic in relation to the existing traffic load and capacity of the street system. However, the project would generate heavy truck trips that would utilize access routes over improved and truck-rated County maintained and non-maintained roadways during construction. In order to ensure that the roads stay at the existing conditions Mitigation Measure MM was included to reduce the impact of heavy truck trips to less than significant. The proposed modified project, LLA and addition of a new gen-tie line up to 700-feet in length, associated equipment and potential temporary shoofly, as well as existing PG&E facility upgrades as noted in Table 2-2 and Table 2-3, will not result in any other changes to the setting analyzed in the certified EIR. No O&M buildings or permanent staff is proposed as a part the modified project. The proposed modified project would be subject to MM , and as such, the proposed modified project does not result in a change to the finding in the certified EIR of less-than-significant impacts relative to the traffic or vehicles trips generated by the proposed modified project. The proposed modifications to the project do not change the finding in the certified EIR of less than significant. Based on the foregoing, no new or revised mitigation measures are required. Cumulative Impacts The certified EIR concluded that the approved project when combined with the impacts of past, present, and reasonably foreseeable projects would not create a substantial adverse effect related to changes in the transportation system or traffic generation, during construction or operations. The proposed modified project does not result in a substantial increase in the number of employees required to construct or operate the facility. Implementation of Mitigation Measure MM would reduce the impact of heavy truck trips to less than significant levels. Therefore, the proposed modified project does not create new or substantially more severe cumulative impacts to transportation and traffic than those disclosed in the certified EIR and impacts would remain less than significant as stated in the certified EIR. 3-44

64 CHAPTER 4 LIST OF PREPARERS 4.1 Lead Agency Kern County Planning & Community Development Department Lorelei Oviatt, AICP Director Craig Murphy Division Chief Jacqui Kitchen Supervising Planner Carlos Rojas Planner I 4.2 Project Proponent Maricopa Sun, LLC Jeffrey T. Roberts Maricopa Orchards, LLC 4.3 Technical Assistance Dave Azzam Solar Development Manager, E-ON Climate and Renewables Nick Benjamin Solar Development Manager, E-ON Climate and Renewables Amber Adams Fresno Branch Manager, Quad Knopf Jerome Keene Senior Planner, Quad Knopf Jaymie L. Brauer Senior Associate Planner, Quad Knopf 4-1

65 CHAPTER 5 REFERENCES County of Kern. December Kern County Zoning Ordinance. Available at: County of Kern Planning and Community Development Department. September 22, Kern County General Plan. Bakersfield, CA. Available at: County of Kern Planning and Community Development Department. March Maricopa Sun Solar Complex Project Final Environmental Impact Report. SCH# Bakersfield, CA. 5-1

66 APPENDIX A ADDENDUM AIR QUALITY LETTER

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69 APPENDIX B EVALUATION OF BIOLOGICAL IMPACTS ASSOCIATED WITH AN ADDENDUM TO THE ENVIRONMENTAL IMPACT REPORT FOR THE MARICOPA SUN SOLAR COMPLETE PROJECT

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