Chapter 7 Response to Comments

Transcription

1 Chapter 7 Response to Comments SCH # Volume 3 BLACKWELL SOLAR PARK PROJECT (PP13237) Blackwell Solar Park, LLC General Plan Amendment No. 4 Conditional Use Permit No. 8, Map 51 Conditional Use Permit No. 3, Map 51-6 Williamson Act Contract Cancellation 13-2 Kern County Planning and Community Development Department Bakersfield, California

2 This page intentionally left blank.

3 PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT Lorelei H. Oviatt, AICP, Director 2700 "M" STREET, SUITE 100 BAKERSFIELD, CA Phone: (661) FAX: (661) TTY Relay E- Mail: Web Address: DEVELOPMENT SERVICES AGENCY Administrative Operations Engineering, Surveying and Permit Services Planning and Community Development Roads August 18, 2014 File: GPA 4 CUP 8, Map 51 CUP 3, Map 51-6 Cancellation 13-2 Addressee (see Distribution List) S.D. #4 Couch RE: Response to Comments for Draft Environmental Impact Report Blackwell Solar Park Project by Blackwell Solar Park, LLC. (PP13237) Ladies and Gentlemen: Enclosed is a document entitled Volume 3 Chapter 7 Response to Comments, for the abovereferenced project. Section of the California Environmental Quality Act Guidelines requires the lead agency to evaluate comments on environmental issues received from persons who reviewed the draft environmental impact report (EIR) and prepare a written response addressing each comment. This document is Chapter 7 of the final EIR. A public hearing has been scheduled with the Kern County Planning Commission to consider this request on August 28, 2014, at 7 p.m., or soon thereafter, at the chambers of the Board of Supervisors, first floor, Kern County Administrative Center, 1115 Truxtun Avenue, Bakersfield, California. Thank you for your participation in the environmental process for this project. If you have any questions regarding this letter, please contact Jacquelyn R. Kitchen, Supervising Planner, at (661) or Matthew Hall, Planner III, at (661) Very truly yours, /S/ Jacquelyn Kitchen, Supervising Planner Advanced Planning Division Planning and Community Development Department COMMENTING AGENCIES AND INTERESTED PERSONS: California Department of Transportation; California Department of Fish and Wildlife; Kern County Engineering, Surveying and Permit Services Floodplain Management Section; and Blackwell Investment Company.

4 This page intentionally left blank.

5 Chapter 7 Response to Comments SCH # Volume 3 BLACKWELL SOLAR PARK PROJECT (PP13237) Isis Solar, LLC General Plan Amendment No. 4 Conditional Use Permit No. 8, Map 51 Conditional Use Permit No. 3, Map 51-6 Williamson Act Contract Cancellation 13-2 Kern County Planning and Community Development Department Public Services Building Attn: Matthew Hall, Planner III or, Jacquelyn Kitchen, Supervising Planner 2700 M Street, Suite 100 Bakersfield, CA (661) Technical Assistance by: ICF International 4900 California Avenue, Tower B, Suite 210, Bakersfield, CA (661)

6 This page intentionally left blank.

7 Chapter 7 Response to Comments Table of Contents Page Chapter 7 Response to Comments Introduction Purpose Environmental Review Process Revisions to the Project Draft EIR Pages 1-21 through 1-63, Table Pages through Page Responses to Comments State Agencies Local Agencies Interested Parties Tables Public Comments Received on the Draft EIR i

8 Table of Contents [continued] Acronyms and Abbreviations BNLL BUOW CDFW CEQA CNDDB EIR GKR ITP NOP/IS project PV SJAS SJKF TKR USFWS blunt- nosed leopard lizard burrowing owl California Department of Fish and Wildlife California Environmental Quality Act California Natural Diversity Database environmental impact report giant kangaroo rat Incidental Take Permit notice of preparation/initial study photovoltaic San Joaquin antelope squirrel San Joaquin kit fox Tipton kangaroo rat U.S. Fish and Wildlife Service ii

9 Chapter 7 Response to Comments 7.1 Introduction Purpose As defined by Section of the California Environmental Quality Act (CEQA) Guidelines, the Kern County Planning and Community Development Department is serving as lead agency for the preparation of the environmental impact report (EIR) for the (project). The final EIR presents the environmental information and analyses that have been prepared for the project, including comments received addressing the adequacy of the draft EIR and responses to those comments. In addition to the responses to comments, clarifications, corrections, or minor revisions have been made to the draft EIR. The final EIR which includes the responses to comments, the draft EIR, and the Mitigation Monitoring and Reporting Program will be used by the Planning Commission and Board of Supervisors in the decision-making process for the project. Environmental Review Process A notice of preparation/initial study (NOP/IS) (State Clearinghouse No ) was circulated for a 30-day public review period beginning on September 6, 2013, and ending on October 6, A scoping meeting was noticed and held on September 20, Eight comment letters were received during circulation of the NOP and used in preparation of the draft EIR. The draft EIR was circulated for a 45-day public review period beginning on June 16, 2014, and ending on July 31, Four comment letters were received on the draft EIR. Section of the State CEQA Guidelines requires that the lead agency evaluate comments on environmental issues received from public agencies that reviewed the draft EIR and prepare a written response addressing each of the comments received. The response to each comment is contained in this document, Chapter 7 of the draft EIR. Volumes 1 and 2 together comprise the final EIR. A list of agencies, organizations, and interested parties who have commented on the draft EIR is provided below. A copy of each numbered comment letter and a lettered response to each comment are provided in Section 7.3, Responses to Comments, of this chapter. Table 7-1. Public Comments Received on the Draft EIR Letter No. Commenter Commenter Type 1 California Department of Transportation (July 15, 2014) State Agency 2 California Department of Fish and Wildlife (July 29, 2014) State Agency 3 Kern County Engineering, Surveying, and Permit Services Floodplain Management Section (June 20, 2014) Local Agency 4 Blackwell Investment Company (July 30, 2014) Interested Party 7-1

10 7.2 Revisions to the Project Draft EIR The following revisions were made to the text of the draft EIR. Amended text is identified by page number. Additions to the draft EIR text are shown with underline, and text removed from the draft EIR is shown with strikethrough. The project revisions fall within the scope of the original project analysis included in the draft EIR and do not result in an increase in impacts or any new impacts. No new significant environmental impacts would result from the project changes or from a revised or new mitigation measure proposed to be implemented. Therefore, no significant revisions have been made that would require recirculation of the draft EIR pursuant to State CEQA Guidelines Section (Recirculation of an EIR Prior to Certification). The lead agency is of the opinion that no new significant environmental impacts would result from the clarified and revised proposed mitigation measures shown below. 7-2

11 Pages 1-21 through 1-63, Table 1-5 Table 1-5. Summary of Impacts, Mitigation Measures, and Level of Impacts after Mitigation Impact Level of Significance before Mitigation Mitigation Measures Level of Significance after Mitigation Biological Resources Impact 4.4-1: The Project Would Have a Substantial Adverse Effect, Either Directly or Through Habitat Modifications, on Any Species Identified as a Candidate, Sensitive, or a Special-Status Species in Local or Regional Plans, Policies, or Regulations or by the California Department of Fish and Wildlife or the U.S. Fish and Wildlife Service. Significant MM 4.4-1: Prior to construction and decommissioning activities, a preconstruction presence/absence survey shall be conducted by a qualified botanist for special-status plants during the appropriate blooming periods (i.e., when species are both evident and identifiable). Should special-status plants be found onsite, the project proponent shall site permanent project elements (i.e., roads, inverters, panels) at least 50 feet away from locations with special-status plant species. Additionally, rare plant populations shall be identified in the field to minimize the possibility of inadvertent encroachment by using flagging or having a trained botanist mark the locations of sensitive plant species. Construction and decommissioning crews shall avoid direct or indirect impacts on these flagged areas. Construction and decommissioning personnel shall be instructed to avoid intrusion beyond the marked areas. Less than significant Should impacts on special-status plants be unavoidable, a qualified botanist shall obtain an Incidental Take Permit for listed plants and develop a transplantation plan if transplantation is determined to be feasible. The plan shall cover identifying a suitable transplant site, moving the plant material and seed bank to the transplant site, collecting seed material and propagating it in a nursery, and monitoring the transplant site to document recruitment and survival rates. The transplantation plan shall be submitted to California Department of Fish and Wildlife for review and feedback prior to implementation. Should impacts on special-status plants be unavoidable and transplantation is infeasible, the United States Fish and Wildlife Service and California Department of Fish and Wildlife shall be contacted to determine an appropriate course of action. MM 4.4-2: A preconstruction survey shall be conducted no more than 30 days prior to the issuance of grading or building permits and prior of decommissioning activities. The project site shall be fenced with a temporary exclusion fence to keep terrestrial wildlife species from entering during construction. This exclusion fencing shall be constructed of silt fence material, metal flashing, plastic sheeting, or other 7-3

12 Table 1-5. Summary of Impacts, Mitigation Measures, and Level of Impacts after Mitigation Impact Level of Significance before Mitigation Mitigation Measures materials that will prohibit wildlife from climbing the fence or burrowing below the fence. The fencing shall be buried approximately twelve inches below the surface and extend a minimum of 30 inches above grade. Fencing shall be installed and maintained during all phases of construction and decommissioning. The fencing shall be inspected by a qualified biologist weekly and immediately after all major rainfall events through the duration of construction and decommissioning activities. Any needed repairs to the fence shall be performed on the day of their discovery. Exclusion fencing shall be removed once construction or decommissioning activities are complete. A copy of the fencing plan shall be submitted to United States Fish and Wildlife Service, California Department of Fish and Wildlife, and Kern County Planning and Community Development Department If any evidence of occupation of the project site by listed or other special-status species is subsequently observed, a buffer shall be established by a qualified biologist to avoid the species and comply with applicable regulations, and the exclusionary fencing shall be modified to allow the movement of the observed individual to areas outside of the project site. If the species cannot be avoided, the United States Fish and Wildlife Service and California Department of Fish and Wildlife shall be contacted for further guidance and consultation on additional measures. Copies of all permits and evidence of compliance with applicable regulations shall be submitted to the Kern County Planning and Community Development Department. With respect to Swainson s hawk, the preconstruction and surveys and surveys prior to decommissioning activities shall be performed by a qualified biologist per the Swainson s Hawk Technical Advisory Committee (2000) survey methodology and the avoidance, minimization, and mitigation measures described in the Staff Report Regarding Impacts to Swainson s Hawks in the Central Valley of California (California Department of Fish and Game 1994) if nests are found within 10 miles of the site during surveys. With respect to burrowing owls, the preconstruction surveys and surveys prior to decommissioning activities shall be performed by a qualified biologist per the minimum no-construction buffers and timing outlined in Table 2 of the California Department of Fish and Game 2012 Staff Report on Burrowing Owl Mitigation (California Department of Fish and Game 2012). However, if a qualified biologist Level of Significance after Mitigation 7-4

13 Table 1-5. Summary of Impacts, Mitigation Measures, and Level of Impacts after Mitigation Impact Level of Significance before Mitigation Mitigation Measures verifies through noninvasive methods that either (1) the birds have not begun egg laying and incubation or (2) that juveniles from the occupied burrows are capable of independent survival (i.e., foraging independently), then buffers for a particular burrow would not be required. Level of Significance after Mitigation Table 2. Burrowing Owl Burrow Buffers (California Department of Fish and Game Staff Report on Burrowing Owl Mitigation, 2012) Level of Disturbance Location Time of Year Low Medium High Nesting sites April 1 August feet 1,640 feet 1,640 feet Nesting sites August 16 October feet 656 feet 1,640 feet Any occupied burrow October 16 March feet 328 feet 1,640 feet The following buffer distances shall be established prior to construction and decommissioning activities: 1. San Joaquin kit fox or American badger potential or atypical den: 50 feet; 2. San Joaquin kit fox known den: 100 feet; 3. San Joaquin kit fox or American badger pupping den: contact the California Department of Fish and Wildlife and U.S. Fish and Wildlife Service; 4. Burrowing owl burrow outside of breeding season: as recommended by California Department of Fish and Game 2012; 5. Burrowing owl burrow during breeding season: as recommended by California Department of Fish and Game 2012; 6. Swainson s hawk nest during breeding season: 0.5 mile; 7-5

14 Table 1-5. Summary of Impacts, Mitigation Measures, and Level of Impacts after Mitigation Impact Level of Significance before Mitigation Mitigation Measures 7. Other protected raptor nests during the breeding season: as recommended by qualified biologist; 8. Other protected nesting migratory bird nests during the breeding season: as recommended by qualified biologist; and 9. Other special-status wildlife species: as recommended by qualified biologist. MM 4.4-3: The project proponent shall continuously comply with the following: If any burrowing owl burrows are observed during the preconstruction and decommissioning surveys, avoidance measures shall be consistent with those included in the California Department of Fish and Game Staff Report on Burrowing Owl Mitigation (California Department of Fish and Game 2012). MM 4.4-4: The following measures shall be implemented before and during construction or decommissioning: 1. If any San Joaquin kit fox dens are found during preconstruction or decommissioning surveys, which include walking transects 30 to 100 feet apart (depending on vegetation height and density), the status of the dens shall be evaluated no more than 14 days prior to project ground disturbance. Provided that no evidence of kit fox occupation is observed, potential dens shall be marked and a 50-foot avoidance buffer delineated using stakes and flagging or other similar material to prevent inadvertent damage to the potential den. If a potential den cannot be avoided, it may be hand excavated following United States Fish and Wildlife Service standardized recommendations for protection of San Joaquin kit fox prior to or during ground disturbance. If kit fox activity is observed at a den, the den status shall change to known per United States Fish and Wildlife Service guidelines (USFWS 2011), and the buffer distance shall be increased to 100 feet. Absolutely no excavation of San Joaquin kit fox known or pupping dens shall occur without prior authorization from the United States Fish and Wildlife Service and California Department of Fish and Wildlife. If kit foxes are found on the project site, California Department of Fish and Wildlife and U.S. Fish and Wildlife Service shall be consulted regarding the possible issuance of an Incidental Take Permit. Level of Significance after Mitigation 7-6

15 Table 1-5. Summary of Impacts, Mitigation Measures, and Level of Impacts after Mitigation Impact Level of Significance before Mitigation Mitigation Measures 2. All pipes, culverts, or similar structures with a diameter of 4 inches or more that are stored at a construction site for one or more overnight periods shall be thoroughly inspected for kit foxes before the pipe is subsequently buried, capped, or otherwise used or moved in any way. If a kit fox is discovered inside a pipe, that section of pipe shall not be moved until the United States Fish and Wildlife Service has been consulted. If necessary, under the direct supervision of the biologist, the pipe may be moved once to remove it from the path of construction activity until the fox has escaped. MM 4.4-5: Prior to construction or decommissioning activities, the applicant shall have a qualified biologist conduct protocol-level surveys for San Joaquin (Nelson s) antelope squirrels to confirm absence of San Joaquin Antelope Squirrels. The results of the surveys shall be submitted to California Department of Fish and Wildlife for review and, if squirrels are found onsite during the surveys, the applicant shall obtain an Incidental Take Permit. Pre-disturbance surveys shall be conducted no less than 14 days and no more than 30 days prior to any construction-related or decommissioning activities. Salvage trapping of antelope squirrels shall be required for 4 consecutive days, if necessary. The project area shall be clearly demarcated using silt fencing around the perimeter of the trapping area. A qualified biologist shall trap for 4 consecutive days or until the area has been determined to be free of antelope squirrel. Consultation with the California Department of Fish and Wildlife shall be required prior to trapping efforts to determine the best course of action for relocation of trapped species. Trapping efforts shall coincide with the most active season, April 1 through September 30. Ideal temperatures range from 68 to 86 Fahrenheit. MM 4.4-6: The following measures shall be implemented throughout construction and operation of the solar facility and associated gen-tie line. No revisions made to MM 4.4-6(1) through (8) 9. No plants or wildlife shall be collected, taken, or removed from the construction area or areas of offsite improvements, except as necessary for project-related vegetation removal or wildlife relocation. The person conducting such activities shall be in possession of a state scientific collecting permit and/or Incidental Take Level of Significance after Mitigation 7-7

16 Table 1-5. Summary of Impacts, Mitigation Measures, and Level of Impacts after Mitigation Impact Hydrology and Water Quality Impact 4.9-1: The Project Would Violate Any Water Quality Standards or Waste Discharge Requirements. Level of Significance before Mitigation Mitigation Measures Permit. The salvage of native vegetation removed from construction areas is encouraged but shall be performed only by qualified biologists and with written approval from the California Department of Fish and Wildlife and, if necessary, U.S. Fish and Wildlife Service. No revisions made to MM 4.4-6(10) 11. To enable kit foxes and other wildlife (e.g., American badger) to pass through the project site after construction, the security fence shall leave a 4- to 8-inch opening between the fence mesh and the ground or the fence shall be raised 45 to 6 inches above the ground. The bottom of the fence fabric shall be knuckled (wrapped back to form a smooth edge) to protect wildlife that passes under the fence. Significant No changes were made to Mitigation Measure MM MM 4.9-2: Prior to issuance of a grading permit, the project operator shall prepare a drainage plan that is designed to minimize runoff and will include engineering recommendations to minimize the potential for impeding or redirecting 100-year flood flows. The final design of the solar arrays shall include one-foot of freeboard clearance above the calculated maximum flood depths for the solar arrays or the finished floor of any permanent structures. Solar panel sites shall be graded to direct potential flood waters into channels adjacent to the existing and proposed right of ways without increasing the water surface elevations more than one foot or as required by Kern County's Floodplain Ordinance. The drainage plan shall be prepared in accordance with the Kern County Grading Code and approved by the Kern County Engineering, Surveying and Permit Services Department, Floodplain Management Section prior to the issuance of grading permits. Level of Significance after Mitigation Less than significant 7-8

17 Pages through MM 4.4-1: MM 4.4-2: Prior to construction and decommissioning activities, a preconstruction presence/absence survey shall be conducted by a qualified botanist for specialstatus plants during the appropriate blooming periods (i.e., when species are both evident and identifiable). Should special-status plants be found onsite, the project proponent shall site permanent project elements (i.e., roads, inverters, panels) at least 50 feet away from locations with special-status plant species. Additionally, rare plant populations shall be identified in the field to minimize the possibility of inadvertent encroachment by using flagging or having a trained botanist mark the locations of sensitive plant species. Construction and decommissioning crews shall avoid direct or indirect impacts on these flagged areas. Construction and decommissioning personnel shall be instructed to avoid intrusion beyond the marked areas. Should impacts on special-status plants be unavoidable, a qualified botanist shall obtain an Incidental Take Permit for listed plants and develop a transplantation plan if transplantation is determined to be feasible. The plan shall cover identifying a suitable transplant site, moving the plant material and seed bank to the transplant site, collecting seed material and propagating it in a nursery, and monitoring the transplant site to document recruitment and survival rates. The transplantation plan shall be submitted to California Department of Fish and Wildlife for review and feedback prior to implementation. Should impacts on special-status plants be unavoidable and transplantation is infeasible, the United States Fish and Wildlife Service and California Department of Fish and Wildlife shall be contacted to determine an appropriate course of action. A preconstruction survey shall be conducted no more than 30 days prior to the issuance of grading or building permits and prior of decommissioning activities. The project site shall be fenced with a temporary exclusion fence to keep terrestrial wildlife species from entering during construction. This exclusion fencing shall be constructed of silt fence material, metal flashing, plastic sheeting, or other materials that will prohibit wildlife from climbing the fence or burrowing below the fence. The fencing shall be buried approximately twelve inches below the surface and extend a minimum of 30 inches above grade. Fencing shall be installed and maintained during all phases of construction and decommissioning. The fencing shall be inspected by a qualified biologist weekly and immediately after all major rainfall events through the duration of construction and decommissioning activities. Any needed repairs to the fence shall be performed on the day of their discovery. Exclusion fencing shall be removed once construction or decommissioning activities are complete. A copy of the fencing plan shall be submitted to United States Fish and Wildlife Service, California Department of Fish and Wildlife, and Kern County Planning and Community Development Department If any evidence of occupation of the project site by listed or other special-status species is subsequently observed, a 7-9

18 buffer shall be established by a qualified biologist to avoid the species and comply with applicable regulations, and the exclusionary fencing shall be modified to allow the movement of the observed individual to areas outside of the project site. If the species cannot be avoided, the United States Fish and Wildlife Service and California Department of Fish and Wildlife shall be contacted for further guidance and consultation on additional measures. Copies of all permits and evidence of compliance with applicable regulations shall be submitted to the Kern County Planning and Community Development Department. With respect to Swainson s hawk, the preconstruction and surveys and surveys prior to decommissioning activities shall be performed by a qualified biologist per the Swainson s Hawk Technical Advisory Committee (2000) survey methodology and the avoidance, minimization, and mitigation measures described in the Staff Report Regarding Impacts to Swainson s Hawks in the Central Valley of California (California Department of Fish and Game 1994) if nests are found within 10 miles of the site during surveys. With respect to burrowing owls, the preconstruction surveys and surveys prior to decommissioning activities shall be performed by a qualified biologist per the minimum no-construction buffers and timing outlined in Table 2 of the California Department of Fish and Game 2012 Staff Report on Burrowing Owl Mitigation (California Department of Fish and Game 2012). However, if a qualified biologist verifies through noninvasive methods that either (1) the birds have not begun egg laying and incubation or (2) that juveniles from the occupied burrows are capable of independent survival (i.e., foraging independently), then buffers for a particular burrow would not be required. Table 2. Burrowing Owl Burrow Buffers (California Department of Fish and Game Staff Report on Burrowing Owl Mitigation, 2012) Location Time of Year Level of Disturbance Low Medium High Nesting sites April 1 August feet 1,640 feet 1,640 feet Nesting sites August 16 October feet 656 feet 1,640 feet Any occupied burrow October 16 March feet 328 feet 1,640 feet The following buffer distances shall be established prior to construction and decommissioning activities: 1. San Joaquin kit fox or American badger potential or atypical den: 50 feet; 2. San Joaquin kit fox known den: 100 feet; 3. San Joaquin kit fox or American badger pupping den: contact the California Department of Fish and Wildlife and U.S. Fish and Wildlife Service; 4. Burrowing owl burrow outside of breeding season: as recommended by California Department of Fish and Game 2012; 7-10

19 MM 4.4-3: MM 4.4-4: 5. Burrowing owl burrow during breeding season: as recommended by California Department of Fish and Game 2012; 6. Swainson s hawk nest during breeding season: 0.5 mile; 7. Other protected raptor nests during the breeding season: as recommended by qualified biologist; 8. Other protected nesting migratory bird nests during the breeding season: as recommended by qualified biologist; and 9. Other special-status wildlife species: as recommended by qualified biologist. The project proponent shall continuously comply with the following: If any burrowing owl burrows are observed during the preconstruction and decommissioning surveys, avoidance measures shall be consistent with those included in the California Department of Fish and Game Staff Report on Burrowing Owl Mitigation (California Department of Fish and Game 2012). The following measures shall be implemented before and during construction or decommissioning: 1. If any San Joaquin kit fox dens are found during preconstruction or decommissioning surveys, which include walking transects 30 to 100 feet apart (depending on vegetation height and density), the status of the dens shall be evaluated no more than 14 days prior to project ground disturbance. Provided that no evidence of kit fox occupation is observed, potential dens shall be marked and a 50-foot avoidance buffer delineated using stakes and flagging or other similar material to prevent inadvertent damage to the potential den. If a potential den cannot be avoided, it may be hand excavated following United States Fish and Wildlife Service standardized recommendations for protection of San Joaquin kit fox prior to or during ground disturbance. If kit fox activity is observed at a den, the den status shall change to known per United States Fish and Wildlife Service guidelines (USFWS 2011), and the buffer distance shall be increased to 100 feet. Absolutely no excavation of San Joaquin kit fox known or pupping dens shall occur without prior authorization from the United States Fish and Wildlife Service and California Department of Fish and Wildlife. If kit foxes are found on the project site, California Department of Fish and Wildlife and U.S. Fish and Wildlife Service shall be consulted regarding the possible issuance of an Incidental Take Permit. 2. All pipes, culverts, or similar structures with a diameter of 4 inches or more that are stored at a construction site for one or more overnight periods shall be thoroughly inspected for kit foxes before the pipe is subsequently buried, capped, or otherwise used or moved in any way. If a kit fox is discovered inside a pipe, that section of pipe shall not be moved until the United States Fish and Wildlife Service has been consulted. If necessary, under the direct supervision of the biologist, the pipe may be moved once to remove it from the path of construction activity until the fox has escaped. 7-11

20 MM 4.4-5: MM 4.4-6: Page MM 4.9-2: Prior to construction or decommissioning activities, the applicant shall have a qualified biologist conduct protocol-level surveys for San Joaquin (Nelson s) antelope squirrels to confirm absence of San Joaquin Antelope Squirrels. The results of the surveys shall be submitted to California Department of Fish and Wildlife for review and, if squirrels are found onsite during the surveys, the applicant shall obtain an Incidental Take Permit. Pre-disturbance surveys shall be conducted no less than 14 days and no more than 30 days prior to any construction-related or decommissioning activities. Salvage trapping of antelope squirrels shall be required for 4 consecutive days, if necessary. The project area shall be clearly demarcated using silt fencing around the perimeter of the trapping area. A qualified biologist shall trap for 4 consecutive days or until the area has been determined to be free of antelope squirrel. Consultation with the California Department of Fish and Wildlife shall be required prior to trapping efforts to determine the best course of action for relocation of trapped species. Trapping efforts shall coincide with the most active season, April 1 through September 30. Ideal temperatures range from 68 to 86 Fahrenheit. The following measures shall be implemented throughout construction and operation of the solar facility and associated gen-tie line. No revisions made to MM 4.4-6(1) through (8) 9. No plants or wildlife shall be collected, taken, or removed from the construction area or areas of offsite improvements, except as necessary for project-related vegetation removal or wildlife relocation. The person conducting such activities shall be in possession of a state scientific collecting permit and/or Incidental Take Permit. The salvage of native vegetation removed from construction areas is encouraged but shall be performed only by qualified biologists and with written approval from the California Department of Fish and Wildlife and, if necessary, U.S. Fish and Wildlife Service. No revisions made to MM 4.4-6(10) 11. To enable kit foxes and other wildlife (e.g., American badger) to pass through the project site after construction, the security fence shall leave a 4- to 8-inch opening between the fence mesh and the ground or the fence shall be raised 45 to 6 inches above the ground. The bottom of the fence fabric shall be knuckled (wrapped back to form a smooth edge) to protect wildlife that passes under the fence. Prior to issuance of a grading permit, the project operator shall prepare a drainage plan that is designed to minimize runoff and will include engineering recommendations to minimize the potential for impeding or redirecting 100-year flood flows. The final design of the solar arrays shall include one-foot of freeboard clearance above the calculated maximum flood depths for the solar arrays or the finished floor of any permanent structures. Solar panel sites shall be 7-12

21 graded to direct potential flood waters into channels adjacent to the existing and proposed right of ways without increasing the water surface elevations more than one foot or as required by Kern County's Floodplain Ordinance. The drainage plan shall be prepared in accordance with the Kern County Grading Code and approved by the Kern County Engineering, Surveying and Permit Services Department, Floodplain Management Section prior to the issuance of grading permits. 7-13

22 7.3 Responses to Comments The comment letters received on the draft EIR are addressed in their entirety in this section. Each comment contained in the letter has been assigned a reference code. The responses to reference code comments follow each letter. Amended text is identified by page number. Additions to the draft EIR text are shown with underline, and text removed from the draft EIR is shown with strikethrough. The project revisions fall within the scope of the original project analysis included in the draft EIR and do not result in an increase in impacts or any new impacts. No new significant environmental impacts would result from the project changes or from a revised or new mitigation measure proposed to be implemented. Therefore, no significant revisions have been made that would require recirculation of the draft EIR pursuant to State CEQA Guidelines Section (Recirculation of an EIR Prior to Certification). The lead agency is of the opinion that no new significant environmental impact would result from the clarified and revised proposed mitigation measures shown below. 7-14

23 State Agencies 7-15

24 This page intentionally left blank. 7-16

25 Comment Letter 1. California Department of Transportation (July 15, 2014) 7-17

26 7-18

27 7-19

28 Response to Comment Letter 1. California Department of Transportation (July 15, 2014) Response to Comment 1- A Thank you for your comments. The California Department of Transportation s participation in the public review of this document is appreciated. The comment summarizes the proposed project and states the agency s prior comments made on the IS/NOP in a letter dated October 4, 2013, still remain valid. Thank you for your comments. The comments have been noted for the record and have been provided to the Kern County Planning Commission and Board of Supervisors for consideration. Response to Comment 1- B The commenter has attached their October 4, 2013, letter and Comment 1-B summarizes the proposed project and potential traffic impacts per the NOP. The comment also requests that Caltrans be apprised of the evaluation of construction-related impacts in the forthcoming EIR. Thank you for your comments. The County has included Caltrans in the noticing of availability of the draft EIR for public review, which serves to keep Caltrans apprised of the proposed project s construction-related impacts. Additionally, per Mitigation Measure MM of the draft EIR, the project proponent will prepare a Construction Traffic Control Plan in accordance with both the California Department of Transportation Manual on Uniform Traffic Control Devices and Work Area Traffic Control Handbook. Response to Comment 1- C The comment requests that the only access to the project site from SR-46 be from the existing paved turnout driveway at post mile and that no additional driveways be allow. Thank you for your comment. This request was included in the draft EIR as part of Mitigation Measure MM Response to Comment 1- D The comment requests a detailed procedure for obtaining and approving an encroachment permit Thank you for your comment. This request was included in the draft EIR as part of Mitigation Measure MM Response to Comment 1- E The comment states that any existing or proposed driveways accessing the state right-of-way must meet current State standards. Thank you for your comment. Per Mitigation Measure MM of the draft EIR, the proposed project would comply with all State standards for the existing turnout from SR-46. Response to Comment 1- F The comment states that if a driveway is to be shared by two or more property owners, an access easement needs to be executed between the parties and submitted to the Encroachment Permit office before a permit is issued for any work in the State right of way. 7-20

29 Thank you for your comments. The proposed project would not share a driveway with two or more property owners and therefore an access easement for a driveway would not be required. Response to Comment 1- G The comment states that stormwater is not allowed to be discharged to the State right-of-way, and should construction take place within the State right-of-way, the project is required to comply with Caltrans construction stormwater requirements. Additionally, the comment recommends contacting the Central Valley Regional Water Quality Control Board to determine whether a Notice of Construction is required. Thank you for your comments. As discussed in Chapter 4.9, Hydrology and Water Quality, of the draft EIR, drainage at the project site is generally to the east and northeast and a well-defined, broad drainage path of approximately 50 acres in size crosses the northern portion of the site from east to west. Runoff at the site is primarily conveyed through overland sheet flow, with the possibility of some shallow concentrated flow occurring in shallow depression, especially in the 50-acre drainage path. Pre-construction drainage patterns do no discharge stormwater to the State right-of-way. The proposed project would require minimal grading and excavation and no grading would be required for the Pacific Gas & Electric upgrades or gen-tie line. Furthermore, the proposed project would install the solar panels on fixed steel support posts thereby raising the solar panels off of the ground and reducing disturbance to pre-construction drainage patterns. Therefore, the proposed project would not discharge stormwater to the state right-of-way and is not subject to the Caltrans construction stormwater requirements. Additionally, the proposed project would file a Notice of Intent with the State Water Resources Control Board to be covered under the State National Pollutant Discharge Elimination System Construction General Permit, and would develop a Stormwater Pollution Prevention Plan to meet state water quality objectives. Response to Comment 1- H The comment states that all proposed landscaping plans shall meet current standards as determined by the District Landscape Architect, and details how all features and permits should be evaluated and approved. Thank you for your comment. The proposed project would not include landscaping in the state right-of-way and would not be subject to the requirements of a District landscaping permit or maintenance agreement. Response to Comment 1- I The comment states that advertising signs within the immediate area outside the state right-ofway need to be cleared through the Caltrans Traffic Operations Division. Thank you for your comment. The proposed project would not include any advertising signage and would not be subject the requirements of District sign permits. 7-21

30 Comment Letter 2. California Department of Fish and Wildlife (July 29, 2014) 7-22

31 7-23

32 7-24

33 7-25

34 7-26

35 7-27

36 7-28

37 7-29

38 Response to Comment Letter 2. California Department of Fish and Wildlife (July 29, 2014) Response to Comment 2- A Thank you for your comments. The participation of the California Department of Fish and Wildlife (CDFW) in the public review of this document is appreciated. The commenter presents a summation of the project, noting that the project would construct and operate a photovoltaic (PV) solar facility on a 190-acre portion of a 477-acre parcel and would also involve upgrades to the Pacific Gas & Electric Blackwell Substation. The commenter states that CDFW provided comments on the NOP/IS for the project, which expressed concern that the project consists of suitable and most intact habitat remaining in the San Joaquin Valley that supports San Joaquin kit fox (Vulpes macrotis mutica, SJKF), San Joaquin antelope squirrel (Ammospermophilus nelson, SJAS), blunt-nosed leopard lizard (Gambelia sila, BNLL), and giant kangaroo rat (Dipodomys ingens, GKR). The commenter states that CDFW recommended species-specific protocol-level surveys be conducted so that the County could accurately assess the impacts to these species and to include appropriate avoidance, minimization, and mitigation measures. The commenter states that CDFW also recommended that the County conduct a robust population-level analysis. In response, the lead agency notes that starting at page of Section 4.4, Biological Resources, of the EIR results are given from an updated California Natural Diversity Database (CNDDB) record search. Based on the CNDDB search and a biological resources assessment prepared by Ecology and Environment in 2013, SJKF and SJAS have a moderate and high potential, respectively, to occur at the project site. No blunt-nosed leopard lizards were observed on the project site or in the surrounding study area during protocol-level surveys. The biological assessment determined that there is a low potential for GKR because the two CNDDB occurrences are over ten miles away and decades old and no GKR were observed during transect surveys. It is the County s contention that the additional protocol-level surveys and a populationlevel analysis are not warranted for this project and that the EIR provides appropriate avoidance, minimization, and mitigation measures for these species per the requirements of CEQA. It is also noted that, in response to these comments, several minor clarifications were made to the Biological Mitigation Measures listed in Chapter 4.4 of the EIR. Those changes are shown below and are described in the following responses to specific comments. MM 4.4-1: Prior to construction and decommissioning activities, a preconstruction presence/absence survey shall be conducted by a qualified botanist for specialstatus plants during the appropriate for as many blooming periods (i.e., when species are both evident and identifiable). The special status species with potential to occur on the project site all have blooming periods in the spring and summer. Botanical surveys will be conducted in up to three rounds, March June. Should special-status plants be found onsite, the project proponent shall site permanent project elements (i.e., roads, inverters, panels) at least 50 feet away from locations with special-status plant species. Additionally, rare plant populations shall be identified in the field to minimize the possibility of inadvertent encroachment by using flagging or having a trained botanist mark the locations of sensitive plant species. Construction and decommissioning crews shall avoid direct or indirect impacts on these flagged areas. Construction and decommissioning personnel shall be instructed to avoid intrusion beyond the marked areas. 7-30

39 MM 4.4-2: Should impacts on special-status plants be unavoidable, a qualified botanist shall obtain an Incidental Take Permit for listed plants and develop a transplantation plan if transplantation is determined to be feasible. The plan shall cover identifying a suitable transplant site, moving the plant material and seed bank to the transplant site, collecting seed material and propagating it in a nursery, and monitoring the transplant site to document recruitment and survival rates. The transplantation plan shall be submitted to California Department of Fish and Wildlife for review and feedback prior to implementation. Should impacts on special-status plants be unavoidable and transplantation is infeasible, the United States Fish and Wildlife Service and California Department of Fish and Wildlife shall be contacted to determine an appropriate course of action. A preconstruction survey shall be conducted no more than 30 days prior to the issuance of grading or building permits and prior of decommissioning activities. The project site shall be fenced with a temporary exclusion fence to keep terrestrial wildlife species from entering during construction. This exclusion fencing shall be constructed of silt fence material, metal flashing, plastic sheeting, or other materials that will prohibit wildlife from climbing the fence or burrowing below the fence. The fencing shall be buried approximately twelve inches below the surface and extend a minimum of 30 inches above grade. Fencing shall be installed and maintained during all phases of construction and decommissioning. The fencing shall be inspected by a qualified biologist weekly and immediately after all major rainfall events through the duration of construction and decommissioning activities. Any needed repairs to the fence shall be performed on the day of their discovery. Exclusion fencing shall be removed once construction or decommissioning activities are complete. A copy of the fencing plan shall be submitted to United States Fish and Wildlife Service, California Department of Fish and Wildlife, and Kern County Planning and Community Development Department If any evidence of occupation of the project site by listed or other special-status species is subsequently observed, a buffer shall be established by a qualified biologist to avoid the species and comply with applicable regulations, and the exclusionary fencing shall be modified to allow the movement of the observed individual to areas outside of the project site. If the species cannot be avoided, the United States Fish and Wildlife Service and California Department of Fish and Wildlife shall be contacted for further guidance and consultation on additional measures. Copies of all permits and evidence of compliance with applicable regulations shall be submitted to the Kern County Planning and Community Development Department. With respect to Swainson s hawk, the preconstruction and surveys and surveys prior to decommissioning activities shall be performed by a qualified biologist per the Swainson s Hawk Technical Advisory Committee (2000) survey methodology and the avoidance, minimization, and mitigation measures 7-31

40 described in the Staff Report Regarding Impacts to Swainson s Hawks in the Central Valley of California (California Department of Fish and Game 1994) if nests are found within 10 miles of the site during surveys. With respect to burrowing owls, the preconstruction surveys and surveys prior to decommissioning activities shall be performed by a qualified biologist per the minimum no-construction buffers and timing outlined in Table 2 of the California Department of Fish and Game 2012 Staff Report on Burrowing Owl Mitigation (California Department of Fish and Game 2012). However, if a qualified biologist verifies through noninvasive methods that either (1) the birds have not begun egg laying and incubation or (2) that juveniles from the occupied burrows are capable of independent survival (i.e., foraging independently), then buffers for a particular burrow would not be required. Table 2. Burrowing Owl Burrow Buffers (California Department of Fish and Game Staff Report on Burrowing Owl Mitigation, 2012) Location Time of Year Level of Disturbance Low Medium High Nesting sites April 1 August feet 1,640 feet 1,640 feet Nesting sites August 16 October feet 656 feet 1,640 feet Any occupied burrow October 16 March feet 328 feet 1,640 feet The following buffer distances shall be established prior to construction and decommissioning activities: 1. San Joaquin kit fox or American badger potential or atypical den: 50 feet; 2. San Joaquin kit fox known den: 100 feet; 3. San Joaquin kit fox or American badger pupping den: contact the California Department of Fish and Wildlife and U.S. Fish and Wildlife Service; 4. Burrowing owl burrow outside of breeding season: as recommended by California Department of Fish and Game 2012; 5. Burrowing owl burrow during breeding season: as recommended by California Department of Fish and Game 2012; 6. Swainson s hawk nest during breeding season: 0.5 mile; 7. Other protected raptor nests during the breeding season: as recommended by qualified biologist; 8. Other protected nesting migratory bird nests during the breeding season: as recommended by qualified biologist; and 9. Other special-status wildlife species: as recommended by qualified biologist. 7-32

41 MM 4.4-3: MM 4.4-4: The project proponent shall continuously comply with the following: If any burrowing owl burrows are observed during the preconstruction and decommissioning surveys, avoidance measures shall be consistent with those included in the California Department of Fish and Game Staff Report on Burrowing Owl Mitigation (California Department of Fish and Game 2012). If burrowing owls are found on site, the project biologist will coordinate with CDFW on the appropriate no-activity buffer(s) depending on the location of the owl(s), the time of year, and the current construction activity. The following measures shall be implemented before and during construction or decommissioning: 1. If any San Joaquin kit fox dens are found during preconstruction or decommissioning surveys, which include walking transects 30 to 100 feet apart (depending on vegetation height and density), the status of the dens shall be evaluated no more than 14 days prior to project ground disturbance. Provided that no evidence of kit fox occupation is observed, potential dens shall be marked and a 50-foot avoidance buffer delineated using stakes and flagging or other similar material to prevent inadvertent damage to the potential den. If a potential den cannot be avoided, it may be hand excavated following United States Fish and Wildlife Service standardized recommendations for protection of San Joaquin kit fox prior to or during ground disturbance. If kit fox activity is observed at a den, the den status shall change to known per United States Fish and Wildlife Service guidelines (USFWS 2011), and the buffer distance shall be increased to 100 feet. Absolutely no excavation of San Joaquin kit fox known or pupping dens shall occur without prior authorization from the United States Fish and Wildlife Service and California Department of Fish and Wildlife. If kit foxes are found on the project site, California Department of Fish and Wildlife and U.S. Fish and Wildlife Service shall be consulted regarding the possible issuance of an Incidental Take Permit. 2. All project materials will be stored inside of the exclusion fence, described above. If any materials are stored outside of the exclusion fence, a separate exclusion fence meeting the same specifications as described above will be erected around that material storage area to prevent kit fox from occupying those materials. Even with the exclusion fence in place, all pipes, culverts, or similar structures with a diameter of 4 inches or more that are stored at a construction site for one or more overnight periods shall be thoroughly inspected for kit foxes before the pipe is subsequently buried, capped, or otherwise used or moved in any way. If a kit fox is discovered inside a pipe, that section of pipe shall not be moved until the United States Fish and Wildlife Service has been consulted. If necessary, under the direct supervision of the biologist, the pipe may be moved once to remove it from the path of construction activity until the fox has escaped. 7-33

42 MM 4.4-5: MM 4.4-6: Prior to construction or decommissioning activities, the applicant shall have a qualified biologist conduct surveys for San Joaquin (Nelson s) antelope squirrels to confirm absence of San Joaquin Antelope Squirrels. The results of the surveys shall be submitted to California Department of Fish and Wildlife for review and, if squirrels are found onsite during the surveys, the applicant shall obtain an Incidental Take Permit. Pre-disturbance surveys shall be conducted no less than 14 days and no more than 30 days prior to any construction-related or decommissioning activities. Salvage trapping of antelope squirrels shall be required for 4 consecutive days, if necessary. The project area shall be clearly demarcated using silt fencing around the perimeter of the trapping area. A qualified biologist shall trap for 4 consecutive days or until the area has been determined to be free of antelope squirrel. Consultation with the California Department of Fish and Wildlife shall be required prior to trapping efforts to determine the best course of action for relocation of trapped species. Trapping efforts shall coincide with the most active season, April 1 through September June 30. I, when ideal temperatures range from 68 to 86 Fahrenheit. The following measures shall be implemented throughout construction and operation of the solar facility and associated gen-tie line. No revisions made to MM 4.4-6(1) through (8) 9. No plants or wildlife shall be collected, taken, or removed from the construction area or areas of offsite improvements, except as necessary for project-related vegetation removal or wildlife relocation. The person conducting such activities shall be in possession of a state scientific collecting permit and/or Incidental Take Permit. The salvage of native vegetation removed from construction areas is encouraged but shall be performed only by qualified biologists and with written approval from the California Department of Fish and Wildlife and, if necessary, U.S. Fish and Wildlife Service. No revisions made to MM 4.4-6(10) 11. To enable kit foxes and other wildlife (e.g., American badger) to pass through the project site after construction, the security fence shall leave a 4- to 8-inch opening between the fence mesh and the ground or the fence shall be raised 45 to 6 inches above the ground. The bottom of the fence fabric shall be knuckled (wrapped back to form a smooth edge) to protect wildlife that passes under the fence. Response to Comment 2- B The commenter states that the EIR discloses that the site is used for dryland grazing, and that such lands are appropriate foraging and burrowing/nesting habitat for SJKF, SJAS, burrowing owl (Athene cunicularia, BUOW) and American badger (Taxidea taxus) and may support BNLL, GKR, and Tipton kangaroo rat (Dipodomys nitratoides nitratoides, TRK). The commenter summarizes the results of the general biological surveys conducted by Ecology and Environment in 2013 and focused BNLL surveys conducted by Quad Knopf in

43 Thank you for your comments. The potential for SJKF, SJAS, and BUOW at the site are already discussed above. In response, the lead agency notes that starting at page of Section 4.4, Biological Resources, of the EIR results are given from an updated CNDDB record search. Based on the CNDDB search and a biological resources assessment prepared by Ecology and Environment in 2013, BUOW and America badger have a high and moderate potential, respectively, to occur at the project site. The biological assessment determined that there is a low potential for TRK because the three CNDDB occurrences are located about ten miles away and no TKR were observed during transect surveys. Response to Comment 2- C The commenter states that it is highly likely that SJKF are using the site for at least foraging opportunities and would be attracted to the site for denning purposes once ground-disturbing activities occur. The commenter recommends obtaining an Incidental Take Permit (ITP) prior to starting the project for the potential incidental take of SJKF and consult with the U.S. Fish and Wildlife Service (USFWS) to obtain their take authorization. Given that BUOW were observed on surrounding lands, the commenter recommends compensating for the loss of foraging habitat for BUOW. Thank you for your comments. The preconstruction survey protocol for SJKF and avoidance measures are discussed in Mitigation Measure MM and are based on the most current guidelines and recommendations from applicable agencies, including CDFW. In response to CDFW s comment, a strategy to exclude special-status wildlife from entering the project site during construction will require the applicant erecting wildlife-exclusionary fencing prior to earthmoving activities and pre-construction surveys shall verify the absence of trapped species within the project boundaries. The exclusionary fencing will ensure that species would not be able to enter the project site during construction. Mitigation Measure MM has been revised to include language specifically stating that CDFW and the USFWS would be consulted regarding the possible issuance of an ITP if SJKF activity is detected during preconstruction surveys or during construction. The County asserts that compensation for loss of BUOW habitat is not warranted for this project. The BUOW is a California Species of Special Concern and not a federally or state threatened or endangered species. The BUOW can utilize a wide array of habitat, including disturbed sites, agricultural fields, and urban environments. Response to Comment 2- D The commenter recommends that the County include language in or before all mitigation regarding pre-construction surveys to make it clear that surveys should be required prior to operation, maintenance, and decommissioning activities. Thank you for your comments. The lead agency agrees that surveys are warranted prior to decommissioning, but not operation or maintenance activities. Operations of the project would be completely automated and would not affect species. Maintenance activities include routine washing of the panels and servicing existing equipment. During maintenance, no ground disturbance would occur that could potentially result in the loss of potential burrows or dens. Additionally, CDFW does not require surveys prior to maintenance activities for other enterprises throughout Kern County and therefore is also no warranted for this project and no evidence has 7-35

44 been provided by the commenter to support the argument that surveys are necessary prior to each maintenance activity to avoid listed species specifically for solar projects. In response to CDFW s comment, Mitigation Measure MM through have been revised to make it clear that surveys should be required prior to decommissioning activities as previously shown above. Response to Comment 2- E The commenter briefly describes Mitigation Measure and recommends that the County require individuals or populations of plant to be avoided by at least 50 feet, obtain an ITP, and submit a translocation plan to CDFW for review. Thank you for your comments. In response to CDFW s comment, Mitigation Measure MM has been revised to require a plant avoidance buffer, obtainment an ITP, and submittal of a translocation plan to CDFW for review, if necessary. Response to Comment 2- F The commenter states that Mitigation Measure includes exceptions to required buffers for BUOW that are outdated and recommends removing the language from the mitigation. Thank you for your comments. In response to CDFW s comment, Mitigation Measure MM has been revised to remove the outdated language. Response to Comment 2- G The commenter recommends including additional language at requires species-specific protocols for SJKF include walking transects 30 to 100 feet apart. The commenter states that CDFW cannot concur with Mitigation Measure because it allows pipes that contain SJKF to be moved. The commenter also recommends including mitigation for 570 acres of land compensation as a result of the removal of SJKF foraging habitat. Thank you for your comments. In response to CDFW s comment, Mitigation Measure MM has been revised to include CDFW s requested walking transect recommendations and the removal of language regarding allowing pipes that contain SJKF to be moved. Regarding additional language to compensate for loss of SJKF foraging habitat, the lead agency notes that the project site will be available as foraging habitat after construction and during operation with wildlife-friendly fencing as required in MM 4.4-6(11). The lead agency does not believe that a 3:1 mitigation of foraging habitat is warranted for the project site, and would not accomplish the stated goal of recovery of the species and maintaining movement and connectivity between SJKF populations since there would be no assurance that mitigation land could be obtained in the immediate vicinity to benefit the local population of SJKF and that any impacts to foraging activities would be temporary during construction. Additionally, SJKF would be able to move freely across the project site post-construction with the above-mentioned fencing. Additionally, no other projects in unincorporated Kern County and outside of the Metropolitan Bakersfield General Plan area have acquired mitigation land for loss of foraging habitat, and the lead agency does not believe that the proposed project warrants setting a precedence. 7-36

45 Response to Comment 2- H The commenter recommends that the County include additional language for Mitigation Measure MM that requires covering or installing ramps in all trenches, holes, or other excavations of any depth to prevent smaller animals from becoming entrapped, inspections throughout the day of such features, and contacting CDFW if animals become entrapped. Thank you for your comments. Mitigation Measure MM has been amended to address the potential movement of wildlife onto the project site during construction activities, and MM already includes covering or using ramps in trenches, holes, or other excavations. Response to Comment 2- I The commenter recommends that the County remove the requirement for a pre-construction survey for SJAS and only require salvage trapping. The commenter also states that salvage trapping warrants an ITP and that details of the trapping method, detainment and relocation of individuals be included in a translocation plan approved by CDFW. Thank you for your comments. In response to CDFW s comment, Mitigation Measure MM has been revised. Response to Comment 2- J The commenter recommends that if capture and relocations of species is required, then the person conducting such activities be in possession of a state scientific collecting permit and/or ITP. The commenter also recommends consultation with USFWS to obtain take authorization if federally listed species. Thank you for your comments. In response to CDFW s comment, Mitigation Measure MM 4.4-6(9) has been revised. Response to Comment 2- K The commenter recommends that all trenches, holes, and other excavations be inspected at the beginning, middle, and end of each day, including non-working days. Thank you for the comment. The lead agency does not concur with this recommendation and asserts that the mitigation as proposed is sufficient for purposes of CEQA. Response to Comment 2- L The commenter recommends that the County include more detail about the proposed perimeter fencing design and to modify the mitigation language to require a 5- to 6-inch gap. Thank you for your comments. In response to CDFW s comment regarding clarifying the fence design, Mitigation Measure MM 4.4-6(11) has been revised. Response to Comment 2- M The commenter states that the EIR does not contain any avoidance measures for BNLL and provides recommended mitigation for BNLL, including another protocol-level survey prior to construction. 7-37

46 Thank you for your comments. Without evidence provided by the commenter to support an additional protocol-level survey or assumption of presence, the lead agency does not support the addition of the proposed mitigation measure. MM requires a preconstruction survey for special-status species, including BNLL, and consultation with CDFW, if needed, regarding additional requirements to protect special-status species. Response to Comment 2- N The commenter recommends conducting protocol-level surveys for TKR and, if necessary, use appropriate capture/handling authorization for TKR trapping activities, and obtain an ITP if TKR are found. Thank you for your comments. The County reiterates that the biology resources report determined that the site has a low potential for TKR because of the lack of historic or recent CNDDB occurrences within 5 miles of the site, presence of only marginally suitable habitat, and negative survey results. Additionally, Mitigation Measure MM also requires surveys for specialstatus species prior to construction and, if any special-status species are observed and cannot be avoided, then CDFW and USFWS would be contacted for further guidance and consultation on additional measures. Given the marginally suitable habitat at the site and lack of historical CNDDB occurrence near the site, protocol-level surveys are not warranted for TKR and the mitigation is sufficient for purposes of CEQA. Response to Comment 2- O The commenter thanks the County for the opportunity to comment and provides contact information. Thank you for your comments. The County thanks the commenter of taking the time to comment on the EIR and to provide expertise, guidance, and recommendations regarding biological resource. CDFW s comments and citations have been noted for the record. 7-38

47 Local Agencies 7-39

48 This page intentionally left blank. 7-40

49 Comment Letter 3. Kern County Engineering, Surveying, and Permit Services Floodplain Management Section (June 20, 2014) 7-41