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HomeMy WebLinkAboutUP 10-0002_PLANNING �y � NV �ANIMYNN � �� uV AYN � �I � SEPARATOR. SHEET nrry 0 `17 2-Co— oSJ� >aoJecrrvumaen I .IP I (7 — 00O2— �,VTTFe OUTTE COUNTY RECEI4F Printed: 4/30/2010 � e *RECEIPT NUMBER PREFIXES* 3:06 pm B/P=Development Services-Building/Planning Division (530)538-7601 EH= Environmental Health (530)538-7281 PW=Public Works Department (530)538-7681 Receipt Number: P1704 Date Paid: 4/30/2010 Paid By: NVT, LLC dba SunEdison Received By: CMS Project Number: UP10-0002 Pay Method: CHECK 33151 Site Apn: 047-200-055 Description: 8.25 MW Photovoltaic Electrical Generati Site Address: CA Applicant: SunEdison Originationl LLC Fee Description Account Number Fee Amount DP Fish/Game-Negative Dec 10 1001-0-280-1011460 $2,010.25 DP GPMF General Plan Maint Fee 0010-440001-4610311-10113311 $139.37 DP Publishing/Legal Notices 09 0010-440001-204401-101001 $163.00 DP Tech Maint Fee 09 0010-440001-4610312-101001 $30.97 DP Use Permit 09 0010-440001-204401-101001 $3,097.00 DPAG Planning Application Revi 0010-460001-4612200-101001 $79.00 DPCR Recorders Fee 09 0010-470001-4612319-101001 $50.00 DPEHLUP Use Permit 0021-540011-4614901-101001 $631.0.0 DPFPP Use Permit 09 0100-450001-4617240-101001 $114.00 DPLDRF Use Permit 09 0010-440004-4611700-101001 $244.00 Total Fees Paid: $69558.59 r ` pa� Ale r S�l�d-tea _ d Out C& co PK �lt� - �D E . SIOA� 0'14 l d ^ �� i .. r � � � .. _ ' - _, f � _ , _ ` _� ` — .. ' � 1, � 7 .� t �e « e � y. . 4 , _ , e ,.. - '^ a ... _ � r \. ^ 5 S ♦ ) i z y �. � i � 1 � � � 1 �- IA-( � � C74 eWj c - - - .� � ?� m" a-yt�-A o O - -aA47 �� � z4lgl (44_ i Y 1 ir ' r ' / 1 • y I� _ tv VVIO �+ -?,AO (94 .J � R J i ` i - _ --- V � 1 1�_ i 1 ' r - � ` �, , ' t • � � v • 1 R 1� � o1V ��� � � vv�-� �• `y�iM 4d �'^-" TTI-) 01 —P6-n 000 o, ' �� � � � � � ♦ 1 � 1 � � a .. _ � , r l � \. l � � 1 � , f F ' � � .. � r ` . � _ s •�. j :SunEdison. simpli6i solsr /$UTTE COUNTY APR .10 2010 April 29, 2010 DEVELOPMENT SERVICES Ms. Claudia Stuart Principal Planner Butte County Department of Development Services 7 County Center Drive Oroville, CA 95965 Dear Claudia: Enclosed please find the original copy of'the Use Permit application for the SunEdison Chico Solar System proposal. You have previously confirmed receipt of the application fee in the amount of$6,558.59 from our Beltsville office. As we've discussed,we will be separately submitting a site plan, upon completion of the biotic survey now underway, to ensure that our facilities will avoid any sensitive habitat areas. I look forward to working with you on this exciting project, and hope that you feel free to contact me with any questions as we progress. Sincerely, `!�, -Z) Kevin W. Peters Land Acquisition&Development Manager SunEdison (415)230-3419(office) kpeters@sunedison.com 500 Washington Street, Suite•400 (415)722-7164(cell) www.sunedison.com San Francisco, CA 94111 Butte County Department of Development Services OUTtF TIM SNELLINGS,DIRECTOR I PETE CALARCO,ASSISTANT DIRECTOR, o �� �� 00 7 County Center Drive 0 _ o 0 -_ - Oroville,CA 95965 BUTTE 0 ' 'a"=; 0 (530)538-7601 Telephone (530)538-7785 Facsimile APR ` DEVELOYivll,'N' - JiLSERVICES .._. APPLICATION PACKET FOR USE PERMIT OR MINOR USE PERMIT Applicant Name: 5u' o O pi c 1;7r-4,dY1 12 LLC Project Number: (/P l o- cgooZ Check One 9 USE PERMIT ❑ MINOR USE PERMIT APPLICATION PACKET CHECKLIST The applicant should discuss the application requirements with Department of Development Services, Public Works and Environmental Health staff prior to preparing this application. Please note that acceptance of your application is not an indication of approval. Application packets with missing components cannot be accepted. Include this checklist along with your submittal. Applicant Planner 1. ❑ ❑ Complete a Pre-Application Review with the Environmental Health Division and provide evidence of meeting their requirements for sewage disposal and water supply in one of the following ways: ❑ A pre-application completion letter from Environmental Health ❑ A Willing and Able to Serve Letter from the appropriate,utility district a ❑ A completed cooperative agreement for annexation into utility district 2. ❑ ❑ A completed, signed Project Information Form. 3. ❑ ❑ A complete Project Setting Description(instructions attached). 4. ❑ ❑ If the application is signed by an agent for the owner,an agent authorization form must be submitted along with the application. The application cannot be accepted unless signed by the owner or authorized agent. 5. ❑ ❑ A signed agreement for Butte County Archaeological Resources Project Review by the Northeast Information Center(NEIC)accompanied by its required topographic map and a check in the amount of$75.00 made out to "NEIC". l Applicant Planner 6. ❑ ❑ Payment of the currently required Application Fees and/or Deposits. Make checks payable to "Butte County Treasurer". Public Fee Schedule is available under "Fees" at: http://www.buttecoLmy.net/dds/Planning/ Additional fees for publication notices will be required prior to issuance of the use permit. Application fees are non-refundable. Applicant's Initials 7. ❑ ❑ A creation document for the project parcel and evidence of current property ownership. 8. ❑ ❑ SITE PLAN: Thirty (30) copies of a site map drawn to standard engineering scale (e.g., 1" = 20'). Additional copies of the map shall be made available to county departments upon request. All maps shall be drawn on uniform size sheets no less than 11"x17" and no areater than 24" X 36", folded to 8 %2" x 11". In addition, a digital copy of the map and aerial photographs are encouraged. The detailed man must include: a. ❑ ❑ Name and business address of the applicant, engineer or person who prepared the ma b. ❑ ❑ Assessor Parcel Number(s); street address (if available); tract name and date (if applicable); and/or Township, Range and Section numbers. C. ❑ ❑ Proposed use and/or uses of the property. d. A vicinityma indicating the location of the land in relation to the nearest major ❑ ❑ p g J roads and/or significant topographic features in the surrounding area or region. e• ❑ ❑ Property lines, lot dimensions and any applicable easements of record or proposed. f. ❑ ❑ Dimensioned locations of existing and proposed public and private improvements on the property (including, but not limited to, buildings, driveways, roads, parking areas, wells, septic tanks, sewer lines, leach fields, utilities, signage, storm drainage systems and li htin . g. ❑ ❑ Location of all water features including, but not limited to,natural and human-made drainage courses,.irrigation canals, ponds, creeks, sloughs; topographic features including, but not limited to, buttes, slopes> 30%, rock out-croppings; and existing vegetation, such as oak trees greater than 5" in diameter and agricultural crops. h. ❑ ❑ Distances between any significant natural and constructed features of the property, such as streets, access roads, streams,rock outcroppings,major tree stands, storm drains,bodies of water, railroads, and their relationship to the property lines. 1 ❑ ❑ Location, height, and materials of walls and fences (sections may be required). J ❑ ❑ Internal circulation pattern, if applicable. k. ❑ ❑ Existing fire hydrants within 1000 feet. 1. ❑ ❑ Approximate location of all buildings, wells, septic tanks and leach fields within 100 feet, on adjacent 12roperties. m• ❑ ❑ All driveways, drawn to scale, on properties within 100 feet of the site. n. ❑ ❑ Existing curbs, gutters, sidewalks and road surface widths on-site or on properties within 100 feet of the site. o• ❑ ❑ Any existing faults or fractures and geologic hazards. 2 P- ❑ ❑ Elevation contours, at an appropriate vertical scale. q• ❑ ❑ Indicate at least one route from the property to a publicly-maintained road. r• ❑ ❑ Off-street parking pursuant to county code. s• ❑ ❑ Indicate scale and include a north arrow oriented to the top of the sheet. t ❑ ❑ All maps must be clear and legible. Applicant Planner 9. ❑ ❑ Building Elevations 10. ❑ ❑ If applicable,provide a proposed landscaping and irrigation plan on a separate sheet. 11. ❑ ❑ If applicable, provide a conceptual grading plan. Items to be shown on the plan include: a. ❑ ❑ Natural areas to be preserved. b. ❑ ❑ Proposed cut and fill areas in contrasting colors or patterns. c. ❑ ❑ Existing and proposed contours at an appropriate vertical scale within the project and on adjacent properties within 100 feet of the project boundaries. d. ❑ ❑ Proposed drainage and flood control facilities. e. ❑ ❑ Erosion control measures and best management practices (e.g., - slope landscaping). f. ❑ ❑ Natural drainage. g. ❑ ❑ Location of retaining walls, drainage channels and existing structures. h. ❑ ❑ Location,elevation and size of proposed building pads. Additional information may be required in order to clarify, correct or supplement the above submittal information or to complete any required environmental review documents, as deemed necessary by the Department of Development Services, Public Works, Environmental Health Division, Butte County Fire Department,or Agriculture Commissioner. Additional fees may be collected for the California Department of Fish and Game at the time of recording the Notice of Determination as required by Public Resource Code(PRC) section 21089(b). Please call the Planning Division of the Department of Development Services at(530) 538- 7601 if you have any questions.about these requirements. 3 Signature: Date: /0 Applicant/Represen tive Signature: _ Date: �� O Planner Receiving Application K:\Plannine\FORMS\APPLICATIONS\UsePertnit—MinorUP.doe Revised 07/26/06 BUTTE COUNT^ APR :3 0 2090 DEVELOPARN'i SERVICES 4 Butte County Department of Development Services TTF TIM SNELLINGS,DIRECTOR I PETE*ARCO,ASSISTANT DIRECTOR • ° t o 7 County Center Drive Oroville,CA 95965 ° o / \� (530)538-7601 Telephone oo (530)538-7785 Facsimile �+ DU NZ PROJECT INFORMATION Project# (JP f o--orVz APPLICANT'S N (If ap licant is different from owner an affidavit is required.) ASSESSOR'S PARCEL NUMBER: a C O -?moo -L)L550oo ADDRESS: STREET,CITY,STATE,&ZIP CODE TELEPHONE: ADD �cc;f, � S� Fri sca �fll� (�f(5 ) 30 -3 l E-MAIL: FAX: OWNER'S NAME: TELEPHONE: / 4E .-tis Agz✓oh Ha/i;'h0, �v��e (5730 ) 5rg -'7b6 ADDRESS: STREET,CITY,STATE,&ZIP CODE: /,51G r,+ 2 -d reef. C4-c.�o, cA 95g2-8 PROPERTY INFORMATION NAME OF PROPOSED PROJECT(if any) SITE SIZE(in square feet or acres) /cam -7 /15;l (-l-/-) e'-C-v,e s LOCATION OF PROJECT(major cross streets and address,if any) Me✓i'd-" Roads, Nw I w-dre"-t ZONE GENERAL PLAN EXISTING LAND USE PROPOSED LAND USE A -SFO GOL VGCcm-}- La-NJ —,N4.e- 16 e- EXISTING STRUCTURES(square feet) PROPOSED STRUCTURES(square feet) UNDER WILLIAMSON ACT CONTRACT Nyle 1 see a-HiL , d P✓b ec+ 1ksc.rvk6m ❑Yes No (Check One) (Check One) ❑ PROPERTY IS OR PROPOSED TO BE SEWERED ❑ PROPERTY IS OR PROPOSED TO BE ON PUBLIC WATER ❑ PROPERTY IS OR PROPOSED TO BE ON SEPTIC ❑ PROPERTY IS OR PROPOSED TO BE ON WELL WATER APPLICATION TYPE ❑ADMINISTRATIVE PERMIT ❑TENTATIVE SUBDIVISION MAP ❑LEGAL LOT DETERMINATION COU TTE ❑TENTATIVE PARCEL MAP USE PERMITWAIVER OF PARCEL MAP ❑MINOR USE PERMIT APR 3 0 2010 ❑CERTIFICATE OF CORRECTION ❑COMMUNICATIONS FACILITY UP/MUP DEVELOPMENT ❑REZONE ❑VARIANCE ' ❑GENERAL PLAN AMENDMENT ❑MINOR VARIANCE ❑MINING AND RECLAMATION PLAN ❑LOT LINE ADJUSTMENT ❑DEVELOPMENT AGREEMENT ❑CERTIFICATE OF MERGER ❑OTHER PROJECT DESCRIPTION FULL DESCRIPTION OF PROPOSED PROJECT(Attach necessary sheets. If this application is for a land division,describe the number and size of parcels.) (!See a-f-fA ed _✓o)ec-) Dcs�r►pf',cr► - pro�e de-f'u, MW Phoro✓c(��rc e�Pc1✓� 1 getic�c-FT�ti. .�reilr�'y OWNER CERTIFICATION I CERTIFY THAT I AM PRESENTLY THE LEGAL OWNER OR THE AUTHORIZED AGENT OF THE OWNER OF THE ABOVE DESCRIBED PROPERTY. FURTHER,I ACKNOWLEDGE THE FILING OF THIS APPLICATION AND CERTIFY THAT ALL OF THE ABOVE INFORMATION IS TRUE AND ACCURATE. (If an agent is to be authorized,execute an affidavit of authorization and include the affidavit with this application.) DATE: SIGNATURE: e .. . ♦: i �,Y 'r,, __. e r _ e 4 �+ �, 4 . � .� :t .. . . _- _, .._ _ - i, �. N �� � 1 1 .j �� � t� �� I, �, f, i, i � � '1. �. .. _ _ �1 I .. - { ,, 4 r � � � � • � SunEdison Chico Solar System Project Description The proposed project is an electrical generation facility utilizing ground-mounted photovoltaic (PV) modules designed to produce up to 8.25 MWnc (i.e., the nameplate size of the facility, which is the amount of watts produced at the peak point 'of solar production). The actual size of the facility may vary somewhat, based upon the final outcome of an interconnection study process conducted by PG&E that will determine the transmission/distribution grid's ability to convey the energy generated from the solar facility. The PV modules will be arrayed in rows throughout approximately 75 acres of the 151 acre site. These rows are separated from each other at a minimum spacing that is dependent upon each array avoiding the shading characteristic of the other arrays. Additional spacing considerations are based upon the projects objective of avoidance of any sensitive biotic habitats or characteristics present on the site. Typical spacing between arrays is 10 to 20 feet. The profile of each PV array is a plane made up of approximately four 3' x 5' modules which are mounted to a post at either a fixed angle, or attached to a mechanism that gradually adusts the modules angle to maximize the capture of the sun's irradiance (i.e., a single-axis tracking system). The top of the array would generally reach a maximum height of approximately 12 feet above ground level, and the bottom of the array would generally reach a minimum height of approximately 3 feet above ground level. Electrical currents created by groupings of approximately to acres of PV arrays are carried by wires to a pair of inverters that convert the electricity from direct current (DC) to alternating current (AC). Each inverter is about the size of a small commercial refrigeration unit, and a smaller transformer unit accompanies each pair of inverters. The paired inverters and transformer sit on a concrete pad of approximately 20' by 20' in size, and are likely to be covered by an open-air roof system to provide some shading and rain protection. A gravel service road will be installed around the perimeter of the site, with chain link security fencing along the exterior perimeter. There are not outbuildings, or other maintenance structures proposed. COUN.I. APR 3 0 2010' DEVELOPMENI iftSERVICES AGENT AUTHORIZATION To Butte County,Department of Development Services: �eV�►-� W. �efe/s I or of{e' cjeSlq'►ee o f --5)11 Ed(s111 2-.30 •3 19 Print Name of Agent Phone Number moo M/�s��.,ti� , � � S�;-�� �{-o�, So•-t�r�rs�, � 9�F11 I , Mailing Address is hereby authorized to process this application on my/our property,identified as Butte County Assessors Parcel Number(s) This authorization allows representation for all applications,hearings,appeals,etc. and to sign all documents necessary for said processing,but not including document(s)relating to record title interest. Owner(s)of Record(sign and print name) Print Name Print Name Signature Signature Print Name Print Name Signature Signature Print Name of Applicant(if other than owner) Signature of Applicant(if otlrer,than_owner) ( 1 Print Name of California Civil Engineer/Land Surveyor Phone Number Mailing Address Email Address COVN APR 3 0 1010 DEVELOPMENT iftSERVICES -• •= rS ,=t.tlFt '='.!' =.t,:, 1 . ti,'= . _, w,�,. ! ', - .`�;. �1 t «i f� 1 4 � �i 3• f V r =t r.,.. _ - ...ase « -�!� � - .:. '=�.�'.. • moi.u�.�_ic�«T'a . ..-•e _ .r -..:.... ..... Butte County Departmel0of Development Services vTt TIM SNELLINGS,DIRECTOR I PETE CALARCO,ASSISTANT DIRECTOR ° F° ° ` ° 7 County Center Drive ° ° Oroville,CA 95965 (530)538-7601 Telephone ° - r ° (530)538-7785 Facsimile c�UNt�I PROJECT SETTING DESCRIPTION INSTRUCTIONS Applicant Name: �'�'� '�'`^ �'''�'^ s'��. L`—� Project Number: Of /0 000 Z Please address the following on a separate sheet of paper: 1. Identify any applicable proposed development schedule, including anticipated, incremental, or phased development and all associate projects. 2. List and describe any other related permits and other public approvals required for this project, including those required by city,regional, state and federal agencies. 3. Describe the site as it exists before the project, including information on topography, soil stability, plants, animals, and any cultural, historical, or scenic aspects. Describe any existing structures on the site and the use of the structures. 4. Describe the surrounding properties, including information on plants, animals and any cultural, historical, or scenic aspects. Indicate the type of land use (residential, commercial, etc.), intensity of land use (one-family, apartment houses, shops, department stores, etc.), and scale of development (height, frontage, set-back, rear yard, etc.). 5. Include any special studies prepared for the project site including, but not limited to traffic, biology, wetlands delineation, archaeology, etc. COC;, APR 3 0 2010 DEVELOPMENT' SERVICES" Project Setting Description 1. Development Schedule The project is anticipated to commence construction upon receipt of the Use Permit, approval of building plans and completion of a Power Purchase Agreement between SunEdison and Pacific Gas & Electric. Commencement is anticipated to occur during 2010 and the system would become operational during 2011. 2. Related Permits and other Public Approvals No other specific public approvals are anticipated. The site development activity will take place pursuant to the state General Stormwater Permit. 3. Site Description The area is relatively flat with an average slope of approximately 1% from the northeast towards the southwest portion of the site. The vegetation is typified by treeless grasslands. There are no structures on the site and no known cultural or historical aspects to the land. 4. Surroundings The property lies south of similar open grazing lands. To the immediate east and south of the project site are smaller agricultural-residential parcels with A-10 zoning, generally accommodating one residential structure on each parcel. S. Special Studies No special studies have formally been conducted at this point in time. DUTTE COUNTY APR 3 0 2010 DEVELOPpMN1 SERVICES Agreement For Butte County Archaeological Resources Project Review By The Northeast Information Center(NEIC) The California Environmental Quality Act(CEQA)is the California State statute that requires the Butte County Department of Development Services to perform an environmental review on all discretionary land use projects,to identify the significant environmental impacts of the project and to avoid or mitigate those impacts,if feasible. Every development project which requires a discretionary governmental approval will require at least some environmental review pursuant to CEQA, unless an exemption applies. The environmental review required imposes both procedural and substantive requirements. At a minimum, an initial review of the project and its environmental effects must be conducted. Depending upon the potential effects, a further and more substantial review may be conducted in the form of an environmental impact report (EIR). A project may not be approved if feasible alternatives or mitigation measures cannot substantially lessen the significant environmental effects of the project. At the state level, CEQA requires that public agencies consider the effects of their actions on historical resources eligible for listing on the California Register of Historical Resources. "Historical resource"refers to buildings, structures,sites(prehistoric and historic),objects,districts,and all manner of properties containing material remains of past human life or activity. The Department of Development Services utilizes the Northeast Information Center (NEIC) of the California Historical Resources Information System(CHRIS)to identify projects that may have archaeological significance. The CHRIS is a statewide system for managing information on the full range of historical resources identified in California. This system is under the authority and direction of the Office of Historic Preservation (OHP),the State Historic Preservation Officer(SHPO), and the State Historical Resources Commission (SHRC). The Northeast Center of the CHRIS system,located at California State University,Chico,manages the historical resource records for 11 counties, including Butte County. The Northeast Information Center will furnish a Record Search to Development Services indicating the archaeological/historical significance and sensitivity of the applicant's project area and additionally providing a recommendation as to whether further archaeological survey is warranted. If further archaeological survey is required,the application would be considered incomplete until the appropriate archaeological survey is completed and reviewed. The Department of Development Services will forward applicant's payment(by check)of$75.00 and relevant project application information required for the Records Search to NEIC. NEIC will provide the results of the Records Search to Development Services. Development Services will notify the applicant if further archaeological survey is warranted. The $75.00 fee does not cover the cost of further archaeological survey work. If further archaeological survey work is required,Development Services will work with the applicant to see that it is accomplished,according to set standards,by a qualified archaeologist. The applicant shall bear all costs associated with further archaeological survey work required to continue processing of the planning project application. THIS FORM MUST BE ACCOMPANIED BY A COPY OF A 7.5' TOPO MAP, WITH THE PROJECT AREA OUTLINED. THIS IS USED DURING THE REVIEW TO RESEARCH CULTURAL SITES. The undersigned applicant for the project as identified below has read and understood the Butte County Archaeological Resources Project Review process and agrees to fund the required Record Search to be provided by NEIC. Attached is a check for $75.00 made payable to the Northeast Information Center for NEIC to perform the Records Search. Failure of payment to NEIC for this Records Search would result in the planning project application to be considered incomplete until payment of the $75.00 Records Search fee along with any related fees associated with non-payment(returned check charges,etc.)paid in full to NEIC. �(- 2Z tO Applicant Signature Date eey' W, ki w5 - Av-Ao-,�A �e,-F - �y iss� v��� ��1, LLC Applicant PRINTED Name Check Number Planner,File Number Revised 12/05/06 K:\PlanningkFORMS\Applications\ProjectlnfoForm—Agent—NEIC.doc • Page 1 of 1 Stuart, Claudia From: Kevin Peters [kpeters@sunedison.com] Sent: Thursday, March 18,.2010 4:19 PM To: Breedon, Dan Cc: Stuart, Claudia Dan— I apologize for the delay in contacting you since our meeting on March 5th. SunEdison has been working with PG&E to refine our proposed PV solar project @ Munjar& Meridian roads during this time, however I recognize that the window to conduct some relevant biological/botanical assessments will shortly be closing. This work is also important in order to complete our Use Permit application. When we got together, we agreed that there should be some consensus on the consultant selection and scope for this work. I have 3 proposals that I'd'like to discuss with you. Is there some time early next week when we could either meet, or have a phone discussion? I look forward to hearing from you. - KP ter' hh Kevin W. Peters Land Acquisition&Development Manager j 500 Washington Street,Suite 400 San Francisco, CA 94111 (415)230-3419(Office) (415) 722-7164(Cell) www.sunedison.com Confidentiality Statement: The information contained in this message may be privileged and/or confidential and protected from disclosure. If the reader of this message is not the intended recipient,you are hereby notified that any dissemination,distribution or copy of this communication is strictly prohibited. If you have received this communication in error,please notify us you. 3/22/2010 Page 1 of 1 Stuart, Claudia From: Stuart, Claudia Sent: Monday, July 12, 2010 1:45 PM To: 'Aaron Halimi (aaronhalimi@gmail.com)' Cc: Thistlethwaite, Charles Subject: UP 10-0002 Chico Solar System Hi Aaron, In response to your inquiry last week, here is an update regarding the project account, and also feedback regarding changing the project applicant from SunEdison to yourself: Account A Planning Services initial retainer of$3,097.00 was paid at the time of application, along with other applicable non-Planning fees. The Planning staff billing rate is$163.00 per hour. $122.25 of the Planning funding was spent in April to take in the application and create the file. Another$2,214.08 was spent in May to coordinate and complete the completeness review and prepare the Incomplete letter. Another roughly $150 has been spent this month on discussion and updates with you. So the account currently has a balance of about$610.00. County policy requires that the project funding be replenished after it is drawn down to less than 25%of the initial retainer(i.e., $774.25). Replenishment will be needed before we can recommence work on the project, when you submit the requested completeness information. We estimate that it will take the full remaining Planning fee of$3,097 to complete the project, including coordinating agency review and comment, preparing and circulating the Initial Study/Mitigated Negative Declaration, preparing the staff report, and presenting the results of review to the Planning Commission. Actual costs will in reality surpass this amount, but due to County policy this is the maximum that is estimated for Planning Services to complete our staff work. Please note that, as stated in the Incomplete letter, a separate check for$75, made out to the Northeast Information Center, will also be needed for their review. Applicant Change As we discussed, the County will need from you a letter confirming that SunEdison is no longer the project representative, and that you will now serve as the applicant. We can also remove SunEdison from the name of the application, which will become"Chico Solar System." I hope the above information answers your questions. We look forward to moving ahead with your project once you have provided the information identified in the Incomplete letter and replenished the account. Feel free to get back to me with any questions. -Claudia Claudia Stuart Principal Planner-Special Projects Butte County Department of Development Services 7 County Center Drive Oroville, CA 95965 Phone 530-538-7604 Fax 530-538-7785 Email: cstuart(o)buttecounty.net 7/12/2010 Page 1 of 1 Stuart, Claudia From: Stuart, Claudia Sent: Friday, May 28, 2010 2:23 PM To: 'Kevin Peters' Cc: 'Aaron Halimi (aaronhalimi@gmail.com)'; Thistlethwaite, Charles Subject: UP 10-0002 SunEdison - Notice of Incomplete Application Attachments: UP10-0002 Incomplete Notice 5-28-10.pdf Kevin and Aaron, Attached is the Notice of Incomplete Application for UP10-0002 SunEdison Origination1. County departments have reviewed your submittal and provide the comments and feedback listed in the letter. We hope that this feedback will assist you in completing the application and providing any supplemental information that may be needed for review. Hardcopies will follow via USPS. I will also enclose in the envelopes a copy of the payment receipt. Please feel free to contact me with any questions. Sincerely, Claudia Claudia Stuart Principal Planner-Special Projects Butte County Department of Development Services 7 County Center Drive Oroville, CA 95965 Phone 530-538-7604 Fax 530-538-7785 Email: cstuart(a)buttecounty.net 6/1/2010 Butte County Department of Development Services 0 vyTr�0 TIM SNELLINGS, DIRECTOR I PETE CALARCO,ASSISTANT DIRECTOR o 0 0 0 7 County Center Drive c �'o Oroville, CA 95965 (530)538-7601 Telephone c�UNZy (530)538-7785 Facsimile www.buftecounty.net/dds www.buttegeneralplan.net ADMINISTRATION'S BUILDING'S PLANNING May 29, 2010 SunEdison Origination 1, LLC 500 Washington Street Suite 400 San Francisco, CA 94111 Attn: Mr. Kevin Peters RE: UP10-0002 SunEdison LLC Oriaination1 (APN 047-200-055)— Notice of Incomplete Application Dear Mr. Peters: Thank you for submitting the above-referenced application. The application has been reviewed by Butte County in order to determine if it is complete and contains the information necessary to process your request. This lettere is being sent to you in accordance with'the requirements of Government Code §65943 and to assist you in making your application complete and facilitate further processing. The application has been deemed incomplete at this time. Specifically, the following additional information is required before the application can be accepted as complete: 1. The property owner's certification signature on the Project Information Form, enclosed. 2. A separate check made out in the amount of $75.00 to "NEIC" for the Northeast Information Center for its Archaeological Resources Project Review, accompanied by the required topographic map. Although it appears that this amount may have been included in your check to the Butte County Treasurer, Butte County is not able to transfer fees paid to the County Treasurer to the NEIC, as they are part of the California State University System and not part of County government. 1 of 6 Incomplete Application Notice—UP10-0002 May 28,2010 3. A copy of the recorded creation document for the project parcel, and evidence of current property ownership. Often this information consists of the first recorded grant deed that separately described the subject parcel and the most recent one indicating current information. A title company-can assist you in obtaining this information. 4. A site plan showing the layout of the arrays, footings, ground alterations, inverters, transformers,.gravel road, and all other portions of the project, and including all other relevant information as identified on the application form. 5. Structural elevations, details, and/or specifications for the solar arrays and'all associated facilities (i.e., both surface and subsurface structures). 6. If applicable, the proposed landscaping and irrigation plan. 7. If applicable, the proposed conceptual grading plan, including the information identified on the application forma Additional issues have come up during initial inter-departmental review of application completeness, and the following additional information will be required in order to clarify and supplement the submittal information: Planning Division Comments 1. As you have previously discussed with our staff, biological technical studies will be needed to identify any sensitive habitat or species presence on the 'site including sensitive species endemic to Butte County. To assist in preparation of these studies, enclosed is a copy of the most recently adopted CA Department of Fish and Game rare plant survey protocol. 2. Submit a more detailed description of the project, including: a. Any proposed perimeter screening of the site. ' b. Ground. surface treatment. Will.' berms be constructed or .grading undertaken? Will the site be'surfaced with gravel or othe(surfacing? Will any landscaping be installed? c. Business plan for site maintenance. Depending on surface treatment, will site maintenance include mowing or.spraying? 3. Estimates of noise levels, if any, to be produced by the project,_ including possible noise produced by the inverters and transformers. 4. The specific location and type(s) of the electrical 1 transmission lines.which will be used for off-site transmission. Based' on 'our previous discussions, it is' the County's understanding that existing transmission lines will be used*for this purpose. 5. Is PG&E aware of your intent to install the array and complete a Power Purchase .'Agreement? Please feel free to contact me at (530) 538-7604 or cstuart0_)buttecounty.net as needed to discuss these comments. 2of6 Incomplete Application,Notice—UP10-0002 May 28, 2010 CAL FIRE/Butte County Fire Comments 1. Firewater flow requirements for this project are needed. 2. CAL FIRE/Butte County Fire Department has additional questions regarding dealing with emergencies at the project site, and what types of safeguards are built into the system in the event of a system failure or breakdown. Please contact Fire Captain-Deputy Fire Marshal Matt Damon at (530) 538-6837 x166 or Matt.Damon(.5-fire.ca.gov to discuss these comments. Public Works Comments 1. The Department of Public Works has provided a copy of the standard conditions for use permit approval (enclosed). These assume that the project will generate limited traffic and impacts to drainage. However, if the site plan shows a larger footprint or more intensive use than expected, the recommended conditions may change. Contact Eric Schroth at (530) 538-7266 or eschroth(a-buttecounty.net as needed to discuss these comments. Environmental Health Comments 1. Describe how the solar panels will be cleaned and maintained, and the materials (including any liquids) used to clean them. How will cleaning solutions be discharged? 2. Complete a Hazardous Materials and Emissions Questionnaire (enclosed) for the project. 3. Submit,a Hazardous Materials Release Response Plan to Butte County Division of Environmental Health as required by Chapter 6.95 of the California Health and Safety Code. Comply with the requirements of Chapter 6.5 of the California Health and Safety Code for generators of hazardous waste. Contact Doug Fogel at (530) 538-7283 or dfogel(aD-buttecounty.net for further information regarding these requirements. Buildinq Division Comments 1. Please provide preliminary construction plans, equipment approval listings, installation information, CA-PUC and PG&E notes and requirements, and one- line diagram(s) of the electrical layout. 2. On the plot plan, the array locations, conduit runs, grounding and bonding locations, and proposed location for switch gear will be required. 3of6 Incomplete Application Notice—UP10-0002 May 28,2010 3. Initial Building Division requirements for permit application include:' a.. -All items for plan review shall comply with.the current.California,Code of Regulations, the 24, and,Parts,Z-3, 4, 5, 6, 8, 10 and.12 adopted by reference;(California Building.Codes), and all Federal, State of'California, Code of Regulations, and Butte County.ordinances in effect at the time of application. The current adopted California building codes�.are the 2007 editions California Building . Codes.: and.. ,2608 California Energy Commission Regulations (Appendix,Chapter 1 Administration). b. The Design Professional in Responsible Charge shall be designated and shall comply •with the requirements of Section 106:3.4=of the -2007 California Building•Code,(current code.in effect) and shall review and approve all'documents prior to submittal:to the BuildingzDivision. . c. Deferred submittals shall comply.with Section.-106.3:4.2 of the 2007 California Building,Code(current adopted,code)r d. All facilities shall comply with the California Building Code Chapter 11B requirements for accessibility. . e. -A soils.report (two wet- copies)'complying with-the requirements of California Building Code, Chapter.18, shall-be required at time of, application and shall be referenced .on all submitted plans. These reports shall be reviewed and approved by the-talifornia Registered Design Professional in,Responsible Charge. f. All electrical plawshall be designed.by a.Registered California Electrical Engineer, in- good,.standing with ,the• California. ,State Board of Registered Professional .Engineers and Land-;Surveyors. All components of the •power,generating-system shall be included in -the -submitted documents.'One-line diagrams and all electrical'switch gear shall be included on the plans. Component infohmation. shall be paper copy and on ,electronic media. These ,plans shall be:reviewed and, approved by the California Registered-, Design .P�ofessional in Responsible Charge. g. A special Inspector shall be designated= and approved by the Butte ,. County Building'Division, prior:to permit issuance for all-required items' specified for special inspection-by the California Building Code, California Electrical Code and in addition, to any items required by the California Registered Design Professional in! Responsible Charge, and the Butte County Building Division.. Structural observation. may be..required,upon review,of the.submitted plan' and -design,by the Butte County Building Division or. California- Registered Design Professional in Responsible Charge. 4of6- Incomplete Application Notice.-UP10-0002 May 28,2010 h. All structures (temporary or permanent) constructed or installed shall be required to be permitted by Butte County Building Division and shall have a Code Analysis from a California Registered Design Professional and comply with the requirements of California Building Code Chapter 11B for accessibility. An abandonment plan with a security bond or other guarantee may be required as a condition of this permit for removal of the structure. If a commercial modular will be installed, it will be permitted and approved by the California Department of Housing and Community Development and an installation permit shall be required to be obtained from the Butte County Building Division. This permit application will include plans for access complying with the requirements of the California Building Code Chapter 11 B. i. All reviews by other agencies (Federal, State of California, and County of Butte) shall be approved prior to Building permits being issued. j. Additional items including, but not limited to, radio transmission towers, cellular telephone installations, interconnected electrical power production systems and office facilities shall be required to have Building Permits prior to installation and construction. k. Additional comments and requirements may be presented as more .information about this project is made available. I. Three paper copies will be needed for Building Permit submittals. Butte County can, however, complete plan check electronically, and requests that your plan check submittal be in PDF format. 4. The Building Division also forwards the following questions. a. What schedule is expected for construction phasing? What will be the duration of construction? Could the expected construction timeline be extended? b. Who licenses or grants the franchise of this type of installation? How long is it in effect? Can it be sold? c. Please provide information regarding relicensing and depreciation. How are assets depreciated for this project? What is the depreciable life under both federal and state codes? d. What is the physical life of project components before renovation and major repair is necessary? How will project components be replaced? e. Ownership, transfer or assignment of assets/liabilities in future? f. Who are the end-users of the electricity produced_? Will this power be consumed in the local area, or outside the County? g. Will there be future interconnected electrical power production systems? For example, to other on-site systems such as wind turbine systems? h. Is there potential for co-location of other facilities? Are cell phone antennae towers a potential future component of this project? i. Are other uses of the parcel expected in conjunction with the completed project? j. Are temporary or permanent buildings, for construction, washrooms, toilets, administration and/or site security/monitoring proposed? k. Where has SunEdison constructed other facilities of this size? I. How will upgrades in technology and materials be incorporated into the project? 5of6 Incomplete Application Notice—UP10-0002 May 28,2010 Please contact Plans Examiner Carl Nelson at (530) 538-2875 or cnelson(aD-buttecounty.net,-or Assistant Building Official Nancy Springer at (530) 538-. 7159,or nspringer(a)-buttecounty.net to discuss the Building Division comments. In addition to the-above, the Planning. Division has previously suggested that your applicant team meet with neighbors of the property prior to finalization of your submittal. Neighbors of the site may be interested in the.project description,-generation capacity, site plans, elevations, access, site screening, noise, off-site transmission, and any other aspect.of the proposed project. This item is not a project completeness issue, but will assist 'in familiarizing.neighbors with the project. Because your project has been deemed °,incomplete", no additional processing of your applicationwill occur until the items above are resolved. I and the other staff members listed above.look forward to discussing these comments with,you in order to facilitate resolution of any issues and the submittal of a complete application. Please also feel free to contact,me with general questions regarding the processing of your application. Sincerely, Claudia Stuart r. Principal Planner CC AEJ Trust, Aaron Halimi, Trustee, 181 East 2nd Street, Chico, CA 95928 • Matt Damon, Fire Captain-Deputy Fire Marshal • . Eric Schroth, Dept. of Public.Works • Doug Fogel, Environmental Health Division • 'Cari'Nelson; Plans Examiner • Nancy Springer, Assistant Building Official • Chuck Thistlethwaite, Planning Manager Enclosures • Project Information Form (Copy— requires property.owner signature) • CA Dept. of Fish and Game— Rare'Plant Survey Protocol:Guidelines • Standard Conditions for Use.Permit Approval,— Butte County Dept. of Public Works • Hazardous Materials and Emissions Questionnaire — Butte. County Dept. of Public Health 6of6 Incomplete Application Notice—UP 10-0002 May 28, 2010 Butte County Department of Development ServicesAUT T� TIM SNELLINGS,DIRECTOR PETE &RCO,ASSISTANT DIRECTOR • 7 County Center Drive °° °° Oroville,CA 95965 ° ° (530)538-7601 Telephone o 'i►,, ° o (530)538-7785 Facsimile C APPLICANT'SN (If applicant is different from owner an affidavit is required.) ASSESSOR'S PARCEL NUMBER: GGC -Zoo -0 50o0 ADDRESS: STREET,CITY,STATE,&ZIP CODE TELEPHONE: 500 4- %fc sw, r�,,,c,SC �fll( (1//57 )Z3o -3 / E-MAIL: FAX: e-fers �.Sc�neclisan_ c-o�'h ( ) _ OWNER'S NAME: TELEPHONE: l��,� ✓vsrf' Aary H a 1,:+,�' T i ce1 (5.30 ) 518 - 16.6 ADDRESS: STREET,CITY,STATE,&ZIP.CODE: 9572-9 l8l Eo�f- 2'^v �Frec-f� Gly NAME OF PROPOSED PROJECT(if any) SITE SIZE(in square feet or acres) SZ/-7&1&6 c.o �4/- uc re-s LOCATION OF PROJECT(major cross streets and address,if any) Mva 1 Me---I�� �a cls, Nw t,+adrt ZONE GENERAL PLAN EXISTING LAND USE PROPOSED LAND USE A '40 I &O L Ve-c"-Y Land 6(ed-r+;z,-16 er.,e e-4-Ah EXISTING STRUCTURES(square feet) PROPOSED STRUCTURES(square'feet) UNDER WILLIAMSON ACT CONTRACT Nene See af-tacked F-� ec-+ �Scr+Asm ❑Yes No (Check One) (Check One) ❑ PROPERTY IS OR PROPOSED TO BE SEWERED _ ❑ PROPERTY IS OR PROPOSED TO BE ON PUBLIC WATER ❑ PROPERTY IS-OR-PROPOSED TO BE ON SEPTIC ❑ PROPERTY IS OR PROPOSED TO BE ON WELL WATER ❑ADMINISTRATIVE PERMIT ❑TENTATIVE SUBDMSION MAP ❑LEGAL LOT DETERMINATION COUNTY ❑TENTATIVE PARCEL MAP USE PERMIT E]WAIVER OF PARCEL MAP El MINOR USE PERMIT APR .3 d 2014 ❑CERTIFICATE OF CORRECTION ❑COMMUNICATIONS FACILITY UPMUPDEVELOPMENT REZONE ❑VARIANCE SERVICES ❑ ❑GENERAL PLAN AMENDMENT ❑MINOR VARIANCE, ❑MINING AND RECLAMATION PLAN ❑LOT LINE ADJUSTMENT ❑DEVELOPMENT AGREEMENT ❑CERTIFICATE OF MERGER ❑OTHER FULL DESCRIPTION OF PROPOSED PROJECT(Attach necessary sheets. If this application is for a land division,describe the number and size of parcels.) I C 4%+-k cA ed F,.o��G+ -r.. r"-re , ZS M W Pew t-o✓o(fare e(Pcf riuti.l g e�►G�c-1,o.� .{�.¢�l r+✓ I CERTIFY THAT I AM PRESENTLY THE LEGAL OWNER OR THE AUTHORIZED AGENT OF THE OWNER OF THE ABOVE DESCRIBED PROPERTY. FURTHER,I ACKNOWLEDGE THE FILING OF THIS APPLICATION AND CERTIFY THAT ALL OF THE ABOVE INFORMATION IS TRUE AND ACCURATE. (If an agent is to be authorized,execute an affidavit of authorization and include the affidavit with this application.) DATE:.Y SIGNATURE: ,f i Protocols for Surveying and Evaluating Impacts to Special Status Native Plant Populations and Natural Communities State of Califomia CALIFORNIA NATURAL'RESOURCES AGENCY Department of Fish and Game November 24, 2009' INTRODUCTION AND PURPOSE The conservation of'special status native plants and their habitats; as well as natural communities,.is integral to maintaining biological diversity. The purpose of these protocols is to facilitate a consistent and systematic approach to the survey and assessment of special status native plants and natural communities so that reliable information is produced and the potential of locating a special status plant species or natural community is maximized.They may 'also help those who prepare and review environmental documents determine when a botanical survey,is needed, how field surveys may,be conducted,what information to include in a survey report , and what'qualifications to consider for surveyors.The protocols may help avoid delays caused when inadequate biological information is provided during the environmental review process; assist lead, trustee and responsible reviewing agencies to make an informed decision regarding the direct, indirect, and cumulative effects of a proposed development;activity, or action on special status native plants and natural communities; meet California Environmental Quality Act(CEQA)2 requirements for adequate disclosure of potential impacts; and conserve public trust resources. DEPARTMENT OF FISH AND GAME TRUSTEE AND RESPONSIBLE AGENCY MISSION , The mission of the Department of Fish and Game(DFG) is to manage California's diverse wildlife and native plant resources, and the habitats upon which they depend, for their ecological values and for their use and enjoyment by the public. DFG has jurisdiction over the conservation; protection, and management of,wildlife,.native plants, and habitat necessary to maintain biologically'sustainable populations(Fish and Game Code§1802). DFG, as trustee agency under CEQA§15386, provides expertise in reviewing'and commenting on environmental documents arid, makes protocols regarding potential negative impacts to those resources held intrust for the people of California. Certain species are in danger of extinction because their habitats have_been severely 'reduced in acreage, are threatened.with destruction or adverse modification, or because of a combination of these and other.factors.. The California Endangered Species'Act(CESA) provides additional protections for such species, including take prohibitions(Fish and Game Code§2050 et seq.). As a responsible agency, DFG has the authority to issue permits for the take of species listed under CESA if the take is incidental to an otherwise lawful activity; DFG has determined that the impacts of the take have been minimised and fully mitigated; and, the take would not jeopardize the, continued existence of the species(Fish and Game Code§2081). Surveys are one of the preliminary steps to detect a listed or special status plant species or natural community that may be impacted.significantly by a project. DEFINITIONS Botanical surveys provide information used to determine the potential environmental effects of.proposed projects on all special status plants and natural communities as required by law,(i.e.,CEQA, CESA, and Federal Endangered Species Act(ESA)). Some key terms in this document appear in,bold font for assistance in use of the document. For the purposes of this document,special status plants include all plant species that meet one or more of the following criteria 3: ' This document replaces the DFG document entitled"Guidelines for Assessing the Effects of Proposed Projects on Rare, Threatened and Endangered Plants and Natural Communities." . 2 http://ceres.ca.gov/cega/. " 3 Adapted from the East Alameda County Conservation Strategy available at hffp://www.fws.aov/sacramento/EACCS/Documents/080228 Species Evaluation EACCS.Odf Survey Protocols Page 1 of 7 • Listed or proposed for listing as threatened or endangered under ESA or candidates for possible future listing as threatened or endangered under the ESA(50 CFR§17.12). • Listed or candidates for listing by the State of California as threatened or endangered under CESA (Fish and Game Code§2050 et seq.). A species, subspecies, or variety of plant is endangered when the prospects of its survival and reproduction in the wild are in immediate jeopardy from one or more causes, including loss of habitat, change in habitat, over-exploitation, predation, competition, disease, or other factors(Fish and Game Code§2062). A plant is threatened when it is likely to become endangered in the foreseeable future in the absence of special protection and management measures(Fish and Game Code §2067). • Listed as rare under the California Native Plant Protection Act(Fish and Game Code§1900 et seq.). A plant is rare when, although not presently threatened with extinction, the species, subspecies, or variety is found in such small numbers throughout its range that it may be endangered if its environment worsens (Fish and Game Code§1901). • Meet the definition of rare or endangered under CEQA§15380(b)and(d). Species that may meet the definition of rare or endangered include the following: • Species considered by the California Native Plant Society(CNPS)to be"rare,threatened or endangered in California"(Lists 1A, 1B and 2); • Species that may warrant consideration on the basis of local significance or recent biological informations; • Some species included on the California Natural Diversity Database's(CNDDB) Special Plants, Bryophytes, and Lichens List(California Department of Fish and Game 2008)6. • Considered a locally significant species,that is, a species that is not rare from a statewide perspective but is rare or uncommon in a local context such as within a county or region (CEQA§15125(c))or is so designated in local or regional plans, policies, or ordinances(CEQA Guidelines,Appendix G). Examples include a species at the outer limits of its known range or a species occurring on an uncommon soil type. Special status natural communities are communities that are of limited distribution statewide or within a county or region and are often vulnerable to environmental effects of projects.These communities may or may not contain special status species or their habitat. The most current version of the Department's List of California Terrestrial Natural Communities' indicates which natural communities are of special status given the current state of the California classification. Most types of wetlands and riparian communities are considered special status natural communities due to their limited distribution in California. These natural communities often contain specialstatus plants such as those described above. These protocols may be used in conjunction with protocols formulated by other agencies, for example, those developed by the U.S.Army Corps of Engineers to delineate jurisdictional wetlands or by the U.S. Fish and Wildlife Service to survey for the presence of special status plants9. ° Refer to current online published lists available at:http://www.dfq.ca.gov/biogeodata. 5 In general,CNPS List 3 plants(plants about which more information is needed)and List 4 plants(plants of limited distribution)may not warrant consideration under CEQA§15380. These plants may be included on special status plant lists such as those developed by counties where they would be addressed under CEQA§15380. List 3 plants maybe analyzed under CEQA§15380 if sufficient information is available to assess potential impacts to such plants. Factors such as regional rarity vs.statewide rarity should be considered in determining whether cumulative impacts to a List 4 plant are significant even if individual project impacts are.not. List 3 and 4 plants are also included in the California Natural Diversity Database's(CNDDB)Special Plants,Bryophytes,and Lichens List. [Refer to the current online published list available at:hhtt ://www.dfg.ca.aov/biogeodata.] Data on Lists 3 and 4 plants should be submitted to CNDDB. Such data aids in determining or revising priority ranking. 6 - .Refer to current online published lists available at:http:/Avww.dfg.ca.gov/biogeodata. 7 hftp://www.dfq.ca.gov/biogeodata/vegcamp/pdfs/natcomlist.i)df. The rare natural communities are asterisked on this list. 8 http://www.wetlands.com/regs/tlpge02e.htm 9 U.S.Fish and Wildlife Service Survey Guidelines available at http://www.fws.gov/sacramento/es/i)rotocol.htm Survey Protocols. Page 2 of 7 BOTANICAL SURVEYS , Conduct botanical surveys prior to the commencement of any activities that may modify vegetation, such as clearing, mowing, or ground-breaking activities., It is appropriate to conduct a botanical field survey when: . . Natural(or naturalized)vegetation occurs on the site, and it is unknown if special status plant species or natural communities occur on th_e site, and the project has the potential for direct or indirect effects on vegetation; or Special status plants or natural communities have historically been identified on the project site; or Special status plants or natural communities occur on sites with similar physical and biological properties as the project site. SURVEY OBJECTIVES ' Conduct field surveys in a manner which maximizes the likelihood of locating*special status plant species or special status natural communities that may be present. Surveys should be floristic Knature, meaning that every plant taxon that occurs on site is identified to the taxonomic level necessary to determine rarity and listing status. "Focused surveys"that are limited to habitats known to support special status species or are restricted to lists of likely potential species are not considered floristic in.nature and are not adequate to identify all plant taxa on site to the level necessary to determine rarity and listing status. lncludea list of plants and natural communities detected on the site for each botanical survey conducted. More than_one field visit may be necessary to adequately capture the floristic diversity of a site. An indication of the prevalence(estimated total numbers,,percent cover, density, etc.)of the species and communities on the site is also useful to assess the significance of a particular population. SURVEY PREPARATION Before field surveys are conducted, compile relevant botanical information in the general project area to provide a regional context for the investigators. Consult the CNDDB10 and BIOS" for known occurrences of special status plants and natural communities in the project area prior to field surveys"Generally, identify vegetation and habitat types potentially occurring in the project area based on biological and physical properties of the site and surrounding ecoregion Z, unless'a larger assessment area is appropriate. Then, develop a list'of special status plants with the potential to occur within these vegetation types..,This list can serve as a tool for the investigators and facilitate the use"of reference sites; however;special status plants on'site might not be limited to those on the list. Field surveys and subsequent reporting should be comprehensive and floristic in nature and not restricted to or focused only on this list. Include in the survey report the list of potential special status species Iand natural communities, and the list'of references used to compile the background botanical information for the site. SURVEY EXTENT , Surveys should be comprehensive over the entire site' including areas that will be directly or indirectly impacted by the project. -Adjoining properties should also be surveyed where direct or indirect project effects, such as those from fuel modification or herbicide application, could potentially extend offsite. Pre-project surveys restricted to known CNDDB rare plant locations may not identify all special status plants and communities present and do not provide a sufficient level of information to determine potential impacts. FIELD SURVEY METHOD Conduct surveys using systematic field techniques in all habitats of the site to ensure thorough coverage of potential impact areas. The.level of effort required per given area and habitat is dependent upon the vegetation and its overall diversity and structural complexity,which determines the distance at which plants can be identified. Conduct surveys by walking over the entire site to ensure thorough coverage, noting all plant taxa 10 Available at htta://www.dfg.ca.gov/biogeodata/cnddb 17 http://www.bios.dfg.ca.gov/ 12 Ecological Subregions of California,available at htta://www.fs.fed.us/r5forciects/ecoregions/toc.htm Survey Protocols Page 3 of 7 observed. The level of effort should be sufficient to provide comprehensive reporting. For example, one person-hour per eight acres per survey date is needed for a comprehensive field survey in grassland with medium diversity and moderate terrain13,with additional time allocated for species identification. TIMING AND NUMBER OF VISITS Conduct surveys in the field at the time of year when species are both evident and identifiable. Usually this is during flowering or fruiting. Space visits throughout the growing season to accurately determine what plants exist on site. Many times this may involve multiple visits to the same site (e.g. in early, mid, and late-season for flowerinp plants)to capture the floristic diversity at a level necessary to determine if special status plants are present°. The timing and number of visits are determined by geographic location,the natural communities present, and the weather patterns of the year(s)in which the surveys are conducted. REFERENCE SITES When special status plants are known to occur in the type(s)of habitat present in the project area, observe reference sites(nearby accessible occurrences of the plants)to determine whether those species are identifiable at the time of the survey and to obtain a visual image of the target species, associated habitat, and associated natural community. USE OF EXISTING SURVEYS For some sites,floristic inventories or special status plant surveys may already exist. Additional surveys may be necessary for the following reasons: • Surveys are not current15; or • Surveys were conducted in natural systems that commonly.experience year to year fluctuations such as periods of drought or flooding (e.g. vernal pool habitats or riverine systems); or • Surveys are not comprehensive in nature; or fire history, land use, physical conditions of the site, or climatic conditions have changed since the last survey was conducted16; or • Surveys were conducted in natural systems where special status plants may not be observed if an annual above ground phase is not visible(e.g.flowers from a bulb);;or • Changes in vegetation or species distribution may have occurred since the last survey was conducted, due to habitat alteration,fluctuations in species abundance and/or seed bank dynamics. NEGATIVE SURVEYS Adverse conditions may prevent investigators from determining the presence of, or accurately identifying, some species in potential habitat of target species. Disease, drought, predation, or herbivory may preclude the presence or identification of target species in'any given year. Discuss such conditions in the report. The failure to locate a known special status plant occurrence during one field season does not constitute evidence that this plant occurrence no longer exists at this location, particularly if adverse conditions are present. For example, surveys over a number of years may be necessary if the species is an annual plant having a persistent, long-lived seed bank and is known not to germinate every year. Visits to the site in more 13 Adapted from U.S.Fish and Wildlife Service kit fox survey guidelines available at www.fws.-ov/sacramento/es/documents/kitfox no protocol.pdf 14 U.S.Fish and Wildlife Service Survey Guidelines available at http://www.fws.gov/sacramento/es/protocol.htm 75 Habitats,such as grasslands or desert plant communities that have annual and short-lived perennial plants as major floristic components may require yearly surveys to accurately document baseline conditions for purposes of impact assessment. In forested areas,however,surveys at intervals of five years may adequately represent current conditions. For forested areas,refer to "Guidelines for Conservation of Sensitive Plant Resources Within the Timber Harvest Review Process and During Timber Harvesting Operations",available at https://rl.df-g.ca.aov/portal/Portals/12/THPBotanicaIGuidelinesJuIY2005.pdf t6 U.S.Fish and Wildlife Service Survey Guidelines available at http:Nwww.fws.gov/ventura/speciesinfo/protocols guidelines/docs/botanical inventories.pdf Survey Protocols Page 4 of 7 I than one year increase the likelihood of detection of a special status plant especially if conditions change. To further substantiate negative findings for a known occurrence, a visit to a nearby reference site may ensure that the timing of the survey was appropriate. REPORTING AND DATA COLLECTION Adequate information about special status plants and natural communities present in a project area will enable reviewing agencies and the public to effectively assess potential impacts to special status plants or natural communities"and will guide the development of minimization and mitigation measures. The next section describes necessary information to assess impacts. For comprehensive, systematic surveys where no special status species or natural communities were found, reporting and data collection responsibilities for investigators remain as described below, excluding specific occurrence information. SPECIAL STATUS PLANT OR NATURAL COMMUNITY OBSERVATIONS Record the following information for locations of each special status plant or natural community detected during a field survey of a project site. • A detailed map(1:24,000 or larger)showing locations and boundaries of each special status species occurrence or natural community found as related to the proposed project. Mark occurrences and boundaries as accurately as possible. Locations documented by use of global positioning system(GPS) coordinates must include the datum18 in which they were collected; • The site-specific characteristics of occurrences, such as associated species, habitat and microhabitat, structure of vegetation,topographic features, soil type,texture, and soil parent material. If the species is associated with a wetland, provide a description of the direction of flow and integrity of surface or subsurface hydrology and adjacent off-site hydrological influences as appropriate; • The number of individuals in each special status plant population as counted(if population is small)or estimated (if population is large); • If applicable, information about the percentage of individuals in each life stage such as seedlings vs. reproductive individuals; • The number of individuals of the species per unit area, identifying areas of relatively high, medium and low density of the species over the project site; and • Digital images of the target species and representative habitats to support information and descriptions. FIELD SURVEY FORMS When a special status plant or natural community is located, complete and submit to the CNDDB a California Native Species(or Community) Field Survey Form19 or equivalent written report, accompanied by a copy of the relevant portion of a 7.5 minute topographic map with the occurrence mapped. Present locations documented by use of GPS coordinates in map and digital form: Data submitted in digital form must include the datum20 in which it was collected. If a potentially undescribed special status natural community is found on the site, document it with a Rapid Assessment or Releve form21 and submit it with the CNDDB form. VOUCHER COLLECTION Voucher specimens provide verifiable documentation of species presence and identification as well as a public record of conditions. This information is vital to all conservation efforts. Collection of voucher specimens should 17 Refer to current online published lists available at htto://www.dfg.ca.gov/bioaeodata.For Timber Harvest Plans(THPs)please refer to the"Guidelines for Conservation of Sensitive Plant Resources Within the Timber Harvest Review Process and During Timber Harvesting Operations",available at httr)s://rI.dfg.ca.gov/portal/Portals/12/THPBotanicaIGuidelinesJulv2OO5.adf 1e NAD83,NAD27 or WGS84 19 hftp://www.dfq.ca.gov/bioaeodata 20 NAD83,NAD27 or WGS84 Z' h ://www.d ca. ov/bio eodata/v cam /ve ttP. fg. g g eg p g_publications_protocols.asp Survey Protocols Page 5 of 7 • • be conducted in a manner that is consistent with conservation ethics, and is in accordance with applicable state and federal permit requirements(e.g. incidental take permit, scientific collection permit). Voucher collections of special status species(or suspected special status species)should be made only when such actions would not jeopardize the continued existence of the population or species. Deposit voucher specimens with an indexed regional herbarium22 no later than 60 days after the collections have been made. Digital imagery can be used to.supplement plant identification and document habitat. Record all relevant permittee names and permit numbers on specimen labels. A collecting permit is required prior to the collection of State-listed plant species23. BOTANICAL SURVEY REPORTS Include reports of botanical field surveys containing the following information with project environmental documents: • Project and site description • A description of the proposed project; • A detailed map of the project location and study area that identifies topographic and landscape features and includes a north arrow and bar scale; and, • A written description of the biological setting, including vegetation 24 and structure of the vegetation; geological and hydrological characteristics; and land use or management history. • Detailed description of survey methodology and results • Dates of field surveys(indicating which areas were surveyed on which dates), name of field investigator(s), and total person-hours spent on field surveys; • A discussion of how the timing of the surveys affects the comprehensiveness of the survey; • A list of potential special status species or natural communities; • A description of the area surveyed relative to the project area; • References cited, persons contacted, and herbaria visited; • Description of reference site(s), if visited, and phenological development of special status plant(s); • A list of all taxa occurring on the project site. Identify plants to the taxonomic level necessary to determine whether or not they are a special status species; • Any use of existing surveys and a discussion of applicability to this project; • A discussion of the potential for a false negative survey; • Provide detailed data and maps for all special plants detected. Information specified above under the headings"Special Status Plant or Natural Community Observations,"and"Field Survey Forms,"should be provided for locations of each special status plant detected; • Copies of all California Native Species Field Survey Forms or Natural Community Field Survey Forms should be sent to the CNDDB and included in the environmental document as an Appendix. It is not necessary to submit entire environmental documents to the CNDDB; and, • The location of voucher specimens, if collected. 22 For a complete list of indexed herbaria,see:Holmgren,P.,N.Holmgren and L.Barnett.1990.Index Herbariorum,Part 1:Herbaria of the World. New York Botanic Garden,Bronx,New York. 693 pp. Or:http://www.nyba.ora/bsci/ih/ih.html 23 Refer to current online published lists available at:http://www.df4.ca.gov/bio-eodata. 24 A vegetation map that uses the National Vegetation Classification System(http://biology.usas.aov/npsvea/nvcs.html),for example A Manual of Califomia Vegetation,and highlights any special status natural communities. If another vegetation classification system is used,the report should reference the system,provide the reason for its use,and provide a crosswalk to the National Vegetation Classification System. Survey Protocols Page 6 of 7 • Assessment of potential impacts • A discussion of the significance of special status plant populations in the project area considering nearby populations and total species distribution; • A discussion of the significance of special status natural communities in the project area considering nearby occurrences and natural community distribution; • A discussion of direct, indirect, and cumulative impacts to the plants and natural communities; • A discussion of threats, including those from invasive species, to the plants and natural communities; • A discussion of the degree of impact, if any, of the proposed project on unoccupied, potential habitat of the species; • "A discussion of the immediacy of potential impacts; and, • Recommended measures to avoid, minimize, or mitigate impacts. QUALIFICATIONS Botanical consultants should possess the following qualifications: • Knowledge of plant taxonomy and natural community ecology; • Familiarity with the plants of the area, including special status species; • Familiarity with natural communities of the area, including special status natural communities; • Experience conducting floristic field surveys or experience with floristic surveys conducted under'the direction of an experienced surveyor; • Familiarity with the appropriate state and federal statutes related to plants and plant collecting; and, • Experience with analyzing impacts of development on native plant species and natural communities. SUGGESTED REFERENCES Barbour, M., T. Keeler-Wolf, and A.A. Schoenherr(eds.). 2007. Terrestrial vegetation of California(3rd Edition). University of California Press. Bonham, C.D. 1988. Measurements for terrestrial vegetation. John Wiley and Sons, Inc., New York, NY. nd n ered plants online edition). California Native Plant Society. Most recent version. Inventory of rare and e a g p ( ) California Native Plant Society, Sacramento, CA. Online URL http://www.cnps.org/inventory. California Natural Diversity Database. Most recent version. Special vascular plants, bryophytes and lichens list. Updated quarterly..Available at www.dfg.ca.gov. Elzinga, C.L., D.W. Salzer, and J. Willoughby. 1998. Measuring and monitoring plant populations. BLM Technical Reference 1730-1. U.S. Dept. of the Interior, Bureau of Land Management, Denver, Colorado. Leppig, G. and J.W. White. 2006. Conservation of peripheral plant populations in California. Madrono 53:264-274. Mueller-Dombois, D. and-H. Ellenberg. 1974. Aims and methods of vegetation ecology. John Wiley and Sons, Inc., New York,NY. U.S. Fish and Wildlife Service. 1996. Guidelines for conducting and reporting botanical inventories for federally listed plants on the Santa Rosa Plain. Sacramento, CA. U.S._ Fish and Wildlife Service. 1996. Guidelines for conducting and reporting botanical inventories for federally listed, proposed and candidate plants. Sacramento, CA. Van der Maarel, E. 2005. Vegetation Ecology. Blackwell Science Ltd., Malden, MA. Survey Protocols Page 7 of 7 ` BUTTE COUNTY STANDARD CONDITIONS FOR USE PERMIT APPLICANT: DATE: 5/20/10 AGENT:. APN: 047-200=055 FILE#: UP10-0002 PLANNER: Claudia Stuart PROJECT DESCRIPTION: Those items checked are conditions of approval. PLEASE CONTACT THE PUBLIC WORKS DEPARTMENT FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS: A. STREETS ® 1. Prior to establishing use, obtain an encroachment permit and improve all new and existing driveway approaches to publicly maintained-roads as specified in the county improvement standards and the terms of the encroachment permit. ® 2. Prior to establishing use,deed to Butte County in fee simple 30 feet.of right-of-way from the physical centerline of Meridian Road and Munjar Road along the entire property frontage. ❑ 3. Prior to establishing use, submit road and drainage improvement plans to the Land Development Division for construction of street frontage improvements on Meridian Road. Improve parcel frontage to a %i+ 12' street section on Munjar Road and Meridian Road to an RS-3B county improvement standard including curb, gutter and sidewalk for parcels with gross acreage of one acre or less. Construct or provide a performance bond and labor and material bond for the construction of the required improvements prior to establishing use. ❑ 4. Prior to establishing use, relinquish abutter's rights of.access to Butte County-along the I frontage of parcels 1,except at approved access points. B. DRAINAGE ® 1. Prior to establishing use, a plan for a permanent solution for drainage 'shall be submitted to and approved by the Department of Public Works. The drainage plans shall detail existing drainage conditions and shall specify how drainage waters shall be detained or retained onsite and/or conveyed to the nearest natural or publicly maintained drainage channel or facility and shall provide that there shall be no increase in the peak flow runoff to said channel or facility. ❑ 2. Prior to establishing use, establish 100 year flood plain elevations and the lowest floor elevations for any structures, in accordance with Butte County Code §26-22. Show on the additional map sheet the elevations (by contours) and the location of an,accepted NAVD 88 benchmark and a temporary benchmark on-site. C. LEGAL LOT STATUS ❑ 1. Prior to the issuance of the use permit, prove to the satisfaction of the public works director that the parcel of the subject application is a legal parcel. B UTTE CO U N T Y PHYLLIS L. MURDOCK, DIRECTOR kr MR MARK A. LUNDBERG, M.D.,M.P.H.,HEALTH OFFICER WWW.BUTTECOUNTY.NET/PUBLICHEALTH e,090 ENVIRONMENTAL HEALTH DIVISION PUBLIC HEALTH HAZARDOUS MATERIALS AND EMISSIONS QUESTIONNAIRE (A BUILDING PERMIT CANNOT BE APPROVED WITHOUT THIS COMPLETED FORM) PROJECT ADDRESS A.P.# FIRM NAME APPLICANTS ADDRESS CITY,STATE,ZIP 1 NATURE OF BUSINESS CONTACT PERSON PHONE NUMBER TRAKIT NUMBER (for.official use only) 1. Does your business or that of your tenants handle,store,or transport hazardous materials? NO ( ) YES ( ) NOTE: Hazardous materials are defined as any material that, because of its quantity, concentration, or physical or chemical characteristics, poses a significant present or potential hazard to human health and safety or to the environment if released into the workplace or the environment. "HAZ- ARDOUS MATERIALS' include, but are not limited to: hazardous chemicals, hazardous waste, paints, oils, lubricants, fuels, flammables, combustibles, corrosives, gases, and any material which a handler or the administering agency has a reasonable basis for believing to be'injurious to the health and safety of persons or harmful to the environment if released. 2. Do you or Will your future tenants handle,store,or transport 55 gallons,500 pounds,or 200 cubic feet(at standard temperature or pressure),of formulation containing hazardous materials? NO ( ) YES ( ) or Do you or will your prospective tenants plan to handle hazardous chemicals classified as Regulated Substances above threshold quantities.identified in California Code of Regulations.Title 19,Ch.4.5,sec.2770.5,Tables 1-3? If you answer YES to 1 or 2,contact Butte County Division of Environmental Health at(530)538-7281 for a review of the project. 3. Is the business/facility/operation to be located Within 1,000 feet of the outer boundary of a school or a school site? NO ( ' ) YES ( ) IF YES, name of school: 4. Does the business/facility/operation have the potential to emit any air pollutants:e.g.dust,soot,odors,fumes,vapors,or other volatile compounds? NO ( ) YES .( ) IF YES,contact the Butte County Air Quality Management district at(530)89172882 for permit requirements. Owner or Authorized Company Representative Date (Signature) BCEHD BCAQMD F] F] The applicant has met or is meeting the applicable requirements of Section 25505,25533 and 25534 of the Health and Safety code and the requirements for a permit from the Butte County Air Quality Management District. F] F-1 The above regulations DO NOT apply to this facility. BCEHD Signature Date BCAQMD Signature Date WHITE—Building Dept YELLOW—Environmental Health PINK—BCAQMD GOLDENROD.Fire Dept 05/09 TEL-530.538.7281 202 MIRA LOMA DRIVE FAx-530.538.5339 OROVILLE,CA 95965 OUR MISSION IS TO PROTECT THE PUBLIC THROUGH PROMOTING INDIVIDUAL-COMMUNITY AND ENVIRONMENTAL HEALTH PROJECT COORDINATION FORM DATE of IDR: 2010-05-26 PLANNER: Claudia Stuart PROJ. NAME: SunEdison Originationl PROJ. NUMBER: UP10-0002 LLC TYPE: Tentative Completeness of Application APN: 047-200-055 Parcel Map Evaluation DEPARTMENT COMMENTS READY FOR HEARING? PLANNING ./PUBLIC WORKS N v l- l�-ucl� YQi C r I a tM.l'jl[G�1 40G�.Y�1 R_�C /� C 64 C.1-4 � �G�'�✓ ��f-�yl vL� 7�"r' -/ ENVIRONMENTAL HEALTH ' C(.ea� —Tr�,u S -eiJC .cZ�ot �`�� � °� � - c.av �-Po/� �-c� a �p.L, c�L s.GIS•��tPd 400 wi M s 0-leAA-Po( k1-1p n Cary � �C S frn�-c • w�u �( 4-ofe m a� • ✓COUNTY COUNSEL .JAG. - , Meet 4 d"S BUILDING A(9'd- STC " bcy _ A- --Sri ASSESSOR FIRE ire CAdocuments and SettingsWmcmillan\Local Settings\Temporary Intemet Files\OLKE\201100-05-26 UP 10-000)2.doc G � rno L j —f9M r m M raw"4�oy-" ?q 1?29 '�tw �ryrvYnto S C&,aM41 au C2� -p22,N ' c'?-J Q'e1 t- ?1. -, 5 -D -R2 N I/V cn 19 IDR UP10-0002 APN 047-200-055 Interconnected Electric Power Production System Photovoltaic- 8.25 Megawatt No plot plan or other information presented for initial review by applicant Building Division- initial requirements for permit application All items submitted for plan review shall comply with the current, California Code of Regulations, Title 24, and Parts 2, 3, 4, 5, 6, 8, 10 and 12- adapted by reference. (California Building Codes) and all Federal, State of California, Code of Regulations and Butte County Ordinances in effect at the time of application. The current adapted California building codes are the 2007 editions California Building Codes and 2008 California energy Commission Regulations. (Appendix Chapter I Administration) Design Professional in Responsible Charge shall be designated and shall comply with the requirements of Section 106.3.4 of the 2007 California Building Code(current code in effect) and shall review and approve all documents prior to submittal to the Building Division. Deferred submittals shall comply with Section 106.3.4.2 of the 2007 California Building Code (current adapted code) All facilities shall comply with California Building Code Chapter 11B requirements for accessibility. A soils report(two wet stamped copies) complying with the requirements of California Building Code, Chapter 18, shall be required at time of application and shall be referenced on all submitted plans. These reports shall be reviewed and approved by the California Registered Design Professional in Responsible Charge All Electrical plans shall be designed by a Registered California Electrical Engineer, in good standing with the California State Board of Registered Professional Engineers and Land Surveyors. All components of the power generating system shall be included in the submitted documents. One line diagrams and all electrical switch gear shall be included on the plans. Component information shall be paper copy and on electronic media. These plans shall be reviewed and approved by the California Registered Design Professional in Responsible Charge. A special Inspector shall be designated and approved by Butte County Building Division, prior to permit issuance for all required items specified for special inspection by the California Building Code, California Electrical Code and in addition,to any items required by the California Registered Design professional in Responsible Charge, and the Butte County Building Division. Structural observation may be required upon review of submitted plan and design by the Butte County Building Division or California Registered Design Professional in Responsible Charge. All structures (temporary or permanent) constructed or installed shall be required to be permitted by Butte County Building Division and shall have a Code Analysis from a California Registered Design Professional and comply with the requirements of California building Code Chapter 11B requirements for accessibility. A security bond may be required for condition of this permit for removal of this structure. If a commercial modular will installed,then it will be permitted and approved by California Department of Housing and Community Development and an installation permit shall be required to be obtained from the Butte County Building Division. This permit application will include plans for access complying with the requirements of California Building Code Chapter 11 B. All reviews by other agencies (Federal, State of California, and County of Butte) shall be approved prior to Building Permits being issued. Additional items including, but not limited to, radio transmission towers, cellular telephone installations, interconnected electric power production systems and office facilities shall be required to have Building Permits prior to installation and construction. Additional comments and requirements may be presented as more information about this project is made available. Building Division general questions for IDR for UPI 0-0002-Carl Nelson Performance Bond for guaranteed completion of project? Will this be constructed in phases? Additional berms or grading of site that may require retaining walls or other landscaping requirements? Office and washroom facilities for on site personnel? Who licenses or grants a franchise for this type of installation?How long is in effect?Can it be sold? Will it be producing electricity for local users? Duration of construction of project? Physical life of project before renovation and major repair? Asset depreciation of project? Depreciable life?State and Fed? Future additions to project projected time line? Where have you constructed other facilities of this size? Other uses of parcel in conjunction with the completed project? Maintenance of panels? How will upgrades in technology and materials be incorporated in to existing project? Ownership,transfer and future assignment of assets and liabilities? Noise? a� '� c�; ,: • � Page 1 of 1 From: Nelson, Carl Sent: Wednesday, May 26, 2010 10:33 AM To: Stuart, Claudia Cc: Hunt, Philo Subject: UP10-0002 Attachments: IDR.doc Claudia, Here is what I have for IDR. I have to do two inspections. I will be at the meeting. I want to review my comments prior to committing them to Tracket. Are we having any performance bonds requirement for structure removal if the project does get completed? I'm not unfriendly to this, but this is a large project. See you at meeting CSN Carl Nelson Plans Examiner Butte County Building Division (530) 538-2875 file://GAPROJECTS - APPLICATIONS\UP\SUN EDISON UP 10-0002\IDR\Addl Bldg ... 5/26/2010 'M � ® II � I - -- �� - - • Stuart, Claudia Subject: UP10-0002 SunEdison Location: DSConfRm Start: Mon 5/17/2010 10:30 AM End: Mon 5/17/2010 11:00 AM Recurrence: (none) Meeting Status: Meeting organizer Required Attendees: Stuart, Claudia; Calarco, Pete; Thistlethwaite, Charles Resources: DSConfRm Carl Nelson has raised some questions regarding review of this project, including the potential role of CPUC, California Energy Commission, or FERC. I would like to briefly meet to confirm proceeding with review in light of these questions, and any other issues that have surfaced to date. For example, do we need to coordinate with the receiving power company (presumably PG&E)? SunEdison Site Aerial ashingtonPostArt ArP10-0002 SunEdiso. LJ C Nelson lead agncy questions... 1 }aa� L SS0- 00 %Z`- 1tir'0 Ndd 000'z oos'L 000'L oos osz o u �o s i p 3 u n s %Z '0 0 0 0 t d t f .. ✓"W' t 1 M- t ' � �". _• _ �..,�. r �� .lam l� t #_�� �r�: � �• � yam, ai � Ol LoLUIS f' f C sY �x fir• � �r' .1 '"�. � • Page 1 of 1 From: Nelson, Carl Sent: Friday, May 14, 2010 10:11 AM To: Stuart, Claudia Cc: Hunt, Philo; Springer,Nancy Subject: Article on SunEdison Attachments: SunEdison.WashingtonPostArt.CN.pdf Hi, Please read this article when you have a few minutes. This system, (UP10-0002) is four times bigger then the $12,000,000 electric power production system featured in the article. Will we be the local enforcement agency (LEA) (Building Division) or would it be to subject to regulation and tariffs from The California Public Utility Commission? We need this agency enforcement question answered early, because, of plan review time and fees to be charged for building permits? If it is not our project then we need to know so we are not spending time on something that we cannot get reimbursed for our time. I will have general comments in the plan review, but without additional information and LEA clarification, our comments will be limited. I need to meet with Nancy and Philo on this OR item. Thank you, Carl N. Carl Nelson Plans Examiner Butte County Building Division (530) 538-2875 file://CADocuments and Settings\cstuart\Local Settings\Temporary Internet Files\OLKF\C ... 5/17/2010 ,� ,r w University of Maryland Eastern Shor*Be Site of Large Solar Farm -washingtoost.com Page 1 of 3 Lighting the Way for Colleges Campus Hopes Solar Farm SII Be Model for Other Schools By Timothy:A Wheeler "It's a good sign that they're starting to come Baltimore Sun back,' said Peter Lowenthal,a renewable- Sunday. August 9,2009 energy consultant in the District and regional On one of the fields where students learn director for the Solar Energy Industries about agriculture,the University of Maryland Association, Eastern Shore wilt soon be planting a new kind of crop with a constantly renewable Energy incentives in states such as Maryland, yield:20 acres' worth of photovoltaic panels, in addition to increasingly generous federal the largest solar farm in the state. ones, are turning the mid-Atlantic region into a hot spot for new solar projects,said The 2.1-megawatt system,to be built by Monique Hanis, spokeswoman for the Solar Beltsville-based SunEdison, will generate Energy Industries Association. electricity for the 4,100-student campus in Princess Anne,Md.,when it's finished,which. "We expect it to vie with California for is expected to be by the end of the year. becoming one of the better regions for solar in the next five years," she said,noting that "We hope it will be a model for other New Jersey has the second-largest amount of universities as well as the surrounding solar power generation installed. businesses in the area," said Suzanne Street, the university's spokeswoman. Maryland has a long way to go to challenge other states for solar supremacy.Nellis Air The solar farm, about the size of 22 football Force Base near Las Vegas boasts the largest fields, should help stabilize electricity costs for the university,its officials said. And in Advertisement the process,they said,getting electricity from the sun should displace more than 100 million pounds of climate-warming carbon Send Howe.Cs y61 dioxide over the next 20 years that a coal- ro_r' any occasio'tl burning power plant would otherwise emit to keep the campus's lights on. The project, ququets 19asannounced this week,indicates renewed {gr interest in the fledgling solar power industry kol after new installations had slowed since fall because of the slumping economy,industry 'roFlpwerg officials said. OrderONLYat proflowers�com/happy or call 1-877-888-0688 http:/AA ww.washingtonpostcomtwp-dyrVcontentlartirie/2009/08/08/AR2009080802448.html , Print Powered ByW FcbLrm%Jt;C3 f12tC1"ttGS. http:/1vv-vw, washingtonpost.conVwp-dyn/content/article/2009/08/08/AR2009080802448.btml 5/11/2010 w i University of Maryland Eastern Sh(3__J Be Site of Large Solar Farm -washing..,..post.com Page 2 of 3 , Lighting the Way for photovoltaic system in the nation,a 14- percent, said Ronald Forsythe, vice president megawatt array spread across 140 and Jor technology and commercialization. "At Nevada acres. that point, we said we've got to find a way to stabilize energy costs and do it quickly," A batch of much larger ones is in the works. Forsythe said. But by itself,the university project will nearly double the state's solar generating So the university began negotiating with capacity of about 3 megawatts, said SunEdison. A 2-megawatt solar farm Christina Twomey,spokeswoman for the normally would cost about$12 million to i Maryland Energy Administration.The next build,Dickey said,but the company offered largest is an approximately 1 megawatt to finance it so the university would not photovoltaic system installed by have to pay anything upfront. In return,the ? Constellation Energy last year on the roof of school signed a 20-year agreement to pay McCormick &Co.'s mill and distribution SunEdison for the electricity generated at a ` center in Hunt Valley. fixed but gradually rising price. Such no- money-down "power purchase agreements" "For one system,that's a pretty significant have helped overcome the intimidating costs accomplishment and a good step forward," of installing solar systems,said the industry said Joseph Verrengia, spokesman for the association's Hanis. National Renewable Energy Laboratory in Boulder,Colo. Although some huge solar The company is able to do it with the help of farms are being proposed in the Sun Belt, federal tax credits worth up to 30 percent of Verrengia said systems can convert sunlight the construction cost. Solar projects get a to electricity efficiently even in more boost in states such as.Maryland, where they northerly places such as Maryland. Advertisement "Maryland is realty coming on strong," said Matthew Dickey, SunEdison's sales manager, Identity Theft Protetton who noted that his company has installed t"'s""—-own"'"""" Om"""M ' solar arrays at four Montgomery County CuRott.TODAY ANOGM " schools and has a contract to do four more. ao DAY ROSK-FIR EE'1 RtAL E `f Officials at the University of Maryland Eastern Shore said their first concern was "_rrrre4SV* xtlf�r�d rAdatt4ca*a,. ► ue t5tti,i�pp' a�+ usse�fstK+ economics.`The university's annual electricity �, l �r xrs wisvxrtratac �r�ors� expenses jumped by more than$1 million a ' couple of years ago when rates shot up by 50 WeLock. httpl/www.washingtonpost.comtwp-dyrVcDntenVaAide2009108108/AR2009080802448.htrnl � ` Print Powered BY L (^t 3t"tY1sli C1IGS r ' i http.//www.washingtonpost.comfwp-dyn/content/article/2009/08/08/AR2009080802448.htmi 5/11/2010 E w University of Maryland Eastern Short Be Site of Large Solar Farm-washingtctst.com Page 3 of 3 at ao tngwn Pot Lighting the Way for Colleges are able to sell "renewable energy credits" to power companies, which are required to generate a certain percentage of their electricity from renewable sources including wind,solar and hydropower. School officials said it's a good deal for them. The initial rate is 8.75 cents per kilowatt- hour,Forsythe said, well below the 9.9 cents the university now pays. After the first year, the charge will rise 2 percent annually, Forsythe said,but that escalation seemed reasonable,he contended,because electricity costs historically have been rising 5 percent a year in the state. Forsythe said he hopes having the photovoltaic system,which should furnish about 10 to 15 percent of the university's electricity,might give the school leverage in negotiating a better deal for the rest of its power. Some mega-solar projects are generating disputes over the amount of land needed to accommodate them. Advertisement Forsythe said the Eastern Shore project would require professors to move some research they had been conducting in fields ' behind the water tower to other sites on the 745-acre campus. When the university's solar farm is finished,Dickey said,it will stand as aanaat,>, .Nwy the largest commercial photovoltaic array in own$*ti 00 sm",W the mid-Atlantic region for maybe a year, �" '�' 'YW V $ Y aMq�rtx wxrov,�a�.�tana when he expects the company to finish "wool*or �S building a 17.5-megawatt system in North Paw— Carolina. 1-877-294-3988 GMusAcAu -R *mtstsWWb#A room w.y-7 bymWfk http:/lwww.wasNngtonpost.comhvp-Cyn/content/adkla/2009/08108/AR200908NO2448.html Print Powered By ; TFQ 171 tDynarrtics' . http://wvNv.washingtonpost.com/wp-dyn/content/article/2009/08/08/AR2009080802448.html 5/11/2010 • • Page 1 of 1 From: Lightell, Sue Sent: Tuesday, May 11, 2010 9:09 AM To: Stuart, Claudia -Subject* ubject: RE: A new review has been added to Project UP 10-0002 This project is good to go with the Assessor's office. Appraiser notified. Sue Lightell Assessor Mapping Dept. From: Stuart, Claudia Sent: Monday, May 10, 2010,3:15 PM To: matt.damon@fire.ca.gov; Hill, Rob; Blixt, Thomas; Nelson, Carl; Mannel, Kevin; Lightell, Sue Cc: Castanon, Yvette; McMillan, Kim Subject: A new review has been added to Project UP10-0002 The following review for Project UP10-0002 has been added: The proposed project is a ground-mounted photovoltaic(PV) system designed to produce 8.25 megawatts. Actual size of the facility may vary based on a transmission study. The PV modules will be arrayed over 75 acres of the 151-acre site. A gravel road will be installed around the perimeter of the site, with chain link security fencing along the exterior perimeter. No outbuildings or other maintenance structures are proposed. Please see Project Description for more detailed information. The applicant has yet to deliver a site plan, elevations, or other applicable supporting documentation. Biological studies are expected given the potential for this site to contain sensitive habitat. i A tentative IDR date has been set of May 26. Please respond by May 19th if you believe that IDR is needed to review and discuss this submittal. Please also feel free to contact me with any questions. Thank you. Claudia x7604 file://G:\PROJECTS - APPLICATIONS\UP\SUN EDISON UP 10-0002\IDR\Assessor Co... 5/26/2010 • � Page 1 of 1 From: Nelson, Carl Sent: Tuesday, May 11, 2010 11:51 AM To: Stuart, Claudia Cc: Springer,Nancy; Hunt, Philo Subject: UP10-0002 SUNEDISON -electrical Generation Facility 8.75 MW Claudia, Does the applicant have an idea when the proposed plot plan will be submitted for IDR review? We, the Building Division would like to get preliminary construction plans, equipment approval listings, installation information, CA-PUC and PG&E notes and requirements and a One line diagram (s) of the electrical layout. Is possible to have these prior to IDR? On the plot plan, the array locations conduit runs, grounding and bonding locations and switch gear proposed location will be required. Will there be future interconnected electrical power production systems? (Wind powered generators) Are there potential cell phone antennae on any towers? Is this site having Buildings? This will be an interesting process? It appears to be in line with Chico Airport Runway 13 Right, located southeast to site. Carl Carl Nelson Plans Examiner Butte County Building Division (530) 538-2875 file://GAPROJECTS - APPLICATIONS\UP\SUN EDISON UP 10-0002\IDR\Building Co... 5/26/2010 5/26/2010 . Butte County Page 1 Project Plan Review History DEVELOPMENT SERVICES Applied 4/30/2010 CMS Project Number UP 10-0002 Approved Project Name 8.25 MW Photovoltaic Electrical Closed Type USE PEICNMRati Expired Subtype <NONE> Status Status Initial Review Owner AEJ IRREVOCABLE TRUST Applicant SunEdison Origination) LLC Site Address City State Zip CA Zoning Subdivision Tract Block Lot No Parcel No General Plan 047-200-055 Dates Status Type of Review Contact Sent Due Received Elapsed Notes Remarks Ag. Commissioner Rob Hill 5/10/2010 5/24/2011 5/13/2010 3 Approved see notes (5/13/2010 11:53 AM RCH) No apparent adverse agricultural issues,no other conditions or mitigating measures. Assessor-EDR Sue B.Lightell 5/10/2010 5/24/2011 Building Carl Nelson 5/10/2010 5/24/2011 Comments to Agency notes --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- CDF/Co.Fire Dept. Matt Damon 5/10/2010 5/24/2011 --------------------------------------------------------- -------------------------------------------------------------------------------------------------------------- -------------------------------------------------------------------- Environmental Health Doug Fogel 5/10/2010 5/24/2011 5/25/2010 15 Approved (5/25/2010 12:10 PM DJF) Complete and ready for hearing with the following condition: Comments: Submit a Hazardous Materials Release Response Plan to Butte County Division of Environmental as required by Chapter 6.95 of the California Health& Safety Code. Comply with the requirements of Chapter 6.5 of the California Health&Safety Code for generators of hazardous waste. --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- LD Projects Eric Schroth 5/10/2010 5/24/2011 5/21/2010 11 Approved w/Cond see conditions attached ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Project Reviews Report By: Claudia Stuart CRWsYsrEMs . • Page 1 of 1 From: Damon,Matt[Matt.Damon@fire.ca.gov] Sent: Tuesday,May 25,2010 4:40 PM To: Stuart,Claudia Subject: RE: A new review has been added to Project UP 10-0002 Claudia, I will not be able to make it to the IDR meeting but I did have some questions for the applicant if they are going to be there. Mainly I would be concerned about receiving some training from the applicant on how to deal emergencies at the facility and what type of safeguards are built into the system in the event of some sort of system failure or breakdown.. I am still researching other possible requirements but I do not anticipate much. Matt M�Dc1I71()11 ' FlteC*tain-DutyFkeMarshal CAL FDW/Buft COLWAY Fere 176NebmAwR& Om&,C'A95966 53053&6837ext 166 Owe 531}9945817 Cd 530638-2105 Fax CONFIDENTIALITY NOTICE:This communication with its contents may contain confidential and/or legally privileged information. It is solely for the use of the intended recipient(s). Unauthorized interception, review, use or disclosure is prohibited and may violate applicable laws including the Electronic Communications Privacy Act.If you are not the intended recipient, please contact the sender and destroy all copies of the communication. From: Stuart,Claudia [mailto:CStuart@buttecounty.net] Sent: Monday, May 10, 2010 3:15 PM To: Damon, Matt; Hill, Rob; Blixt,Thomas; Nelson,Carl; Mannel, Kevin; Lightell, Sue Cc: Castanon,Yvette; McMillan, Kim Subject: A new review has been added to Project UP10-0002 The following review for Project UP10-0002 has been added: The proposed project is a ground-mounted photovoltaic(PV)system designed to produce 8.25 megawatts.Actual size of the facility may vary based on a transmission study.The PV modules will be arrayed over 75 acres of the 151-acre site.A gravel road will be installed around the perimeter of the site,with chain link security fencing along the exterior perimeter. No outbuildings or other maintenance structures are proposed. Please see Project Description for more detailed information. The applicant has yet to deliver a site plan,elevations,or other applicable supporting documentation. Biological studies are expected given the potential for this site to contain sensitive habitat. A tentative IDR date has been set of May 26. Please respond by May 19th if you believe that IDR is needed to review and discuss this submittal. Please also feel free to contact me with any questions. Thank you. Claudia x7604 file://GAPROJECTS - APPLICATIONS\UP\SUN EDISON UP 10-0002\IDR\Fire Comme... 5/26/2010 Comments: Submit a Hazardous Materials Release Response Plan to Butte County Division of Environmental as required by Chapter 6.95 of the California Health & Safety Code. Comply with the requirements of Chapter 6.5 of the California Health & Safety Code for generators of hazardous waste. i vTT Op � F Department of Development Services O ° p _ O O '- .. p INTER-DEPARTMENTAL REVIEW COMMITTEE °c_.. -�° OU Nt DATE/TIME: Wednesday,May 27,2010, 1:00 p.m. to 3:00 p.m. LOCATION. 7 County Center Drive,Conference Room A, Oroville,California AGENDA Chico 1. SunEdison Originationl LLC; APN 047-200-055 Planner: Claudia Stuart Zoning: A-40Agricultural, 40-acre minimum Completeness of Application General Plan: GOL Grazing and Open Land Evaluation A request by SunEdison for approval of a conditional use permit to establish an 8.25 MW solar electrical generation facility as a public/quasi public use on approximately 75 acres of a 155-acre parcel. The subject property is located at the NE corner of Meridian and Munjar Roads, approx. 3.3 miles NW of the Chico Airport and the incorporated area of the City of Chico. The solar array would consist of ground-mounted photovoltaic (PV) modules arranged in rows. Each PV module would consist of approximately four 3'x5' panels mounted to a post as a fixed or tracking PV array. Maximum height would be approximately 12', with the lower edge of the array approx. 3' off the ground. Spacing would be designed to avoid shading of the arrays, and would also avoid any sensitive biotic habitats present on the site. Typical spacing between rows would be 10'-20'. Wiring connected to each 10-acre grouping of arrays would carry electrical current to a pair of inverters, with each inverter approx. the size of a small commercial refrigeration unit. A small transformer would accompany each pair of inverters. Each pair of inverters and transformer would sit on an approx. 20'x20' concrete pad. An open-air roof would likely shelter each pad. A gravel service road would be installed around the perimeter of the site, with chain link security fencing along the exterior perimeter.No other outbuildings or maintenance structures are proposed. Power would be provided to PG&E under a Power Purchase Agreement, which remains to be completed. The system is expected to become operational in 2011. The applicant has indicated that off- site transmission would use existing lines located adjacent to the site, and would not require the development of new transmission lines. The site is relatively flat, with average slope of approx. 1% from NE to SW. The applicant is working to prepare a biological study of the site, which will be used to prepare the site plan. Properties Butte County Department of Development Services ■ 7 County Center Drive ■ Oroville,CA ■ (530)538-7601 Page 1 of 2 i ! generally to the N and W are similarly designated and zoned, while parcels generally to the E and S are designated AR Agricultural Residential and are zoned A-10. The Department of Development Services expects to prepare an Initial Study for this application. Butte County Department of Development Services ■ 7 County Center Drive ■ Oroville,CA ■ (530)538-7601 Page 2 of 2 C:\Documents and SettingsWmcmillan\Local SettingsUemporary Intemet Files\OLKE\201005-26 IDR Agenda.doc ��iMS rY I i ` IIT s r`rr• f.4 ]J f Ci , • � J�10 s� a ♦ low &P�AIA- 79 %,P11 1 41 UPI Q - Q Q Q 2,, S, u n E, di II S, Q n 0 250 500 1,000 1,500 2,000 A P N Q4r7/ ,2QQ - Q5; 5 Feet Page 1 of 1 Michelena, Mark From: Andrea [aredamonti@gridley.ca.us] Sent: Tuesday, April 27, 2010 11:30 AM To: Michelena, Mark Subject: Zoning Determination Hi again Mark, Thank you for talking to me this morning about the zoning issues for APN 025-200-088 (AR-40) as it would apply to a proposed City/NCPA solar field project. I was doing a little research and it appears that Government Code Section 53091 (e) deals with public electrical production facilities a bit differently. Specifically it states that §53091 (e) zoning ordinances of a county or city shall not apply to the location or construction of facilities for the production, generation, storage, treatment, or transmission of water, or for the production or generation of electrical energy, facilities that are subject to Section 12808.5 of the Public Utilities Code, or electrical substations in an electrical transmission system that receives electricity at less than 100, 000 volts. zoning ordinances of a county or city shall apply to the location or construction of facilities for the storage or transmission of electrical energy by a local agency, if the zoning ordinances make provision for those facilities. After reading this, would the County still require a CUP for the solar field project, which would ultimately be for electrical generation for the City of Gridley? It appears the project would be exempt from zoning regulations unless you have specific regulations for these facilities, which I could not locate. Can you get back to me on this when you have a moment?Also, what type of environmental review would you require for this type of project? - Andrea Andrea RedamontilCommunity Development Director City of Gridley 1 685 Kentucky Street I Gridley, CA 95948 (1530.846.3631 1 8 530.846.3229 ® aredamontiO rq idley.ca.us 4/27/2010 University of Maryland Eastern Sho� Be Site of Large Solar Farm - washionpost.com Page 1 of 3 was#xlgtoli post Lighting the Way for Colleges Campus Hopes Solar Farm Will Be Model for Other Schools By Timothy B. Wheeler "It's a good sign that they're starting to come Baltimore Sun back," said Peter Lowenthal, a renewable- Sunday, August 9, 2009 energy consultant in the District and regional On one of the fields where students learn director for the Solar Energy Industries about agriculture, the University of Maryland Association. Eastern Shore will soon be planting a new kind of crop with a constantly renewable Energy incentives in states such as Maryland, yield: 20 acres' worth of photovoltaic panels, in addition to increasingly generous federal the largest solar farm in the state. ones, are turning the mid-Atlantic region into a hot spot for new solar projects, said The 2.1-megawatt system,to be built by Monique Hanis, spokeswoman for the Solar Beltsville-based SunEdison, will generate Energy Industries Association. electricity for the 4,100-student campus in Princess Anne, Md., when it's finished, which "We expect it to vie with California for is expected to be by the end of the year. becoming one of the better regions for solar in the next five years," she said, noting that "We hope it will be a model for other New Jersey has the second-largest amount of universities as well as the surrounding solar power generation installed. businesses in the area," said Suzanne Street, the university's spokeswoman. Maryland has a long way to go to challenge other states for solar supremacy.Nellis Air The solar farm, about the size of 22 football Force Base near Las Vegas boasts the largest fields, should help stabilize electricity costs for the university, its officials said. And in Advertisement the process, they said, getting electricity from the sun should displace more than 100 C� - million pounds of climate-warming carbon .send 11 W.Crs, . dioxide over the next 20 years that acoal- fo r.:. a ty U('GdS1. burning power plant would otherwise emit to keep the campus's lights on. The project, qB_ l A �es announced this week, indicates renewed QQ v v +s/h interest in the fledgling solar power industry �n7 after new installations had slowed since fall because of the slumping economy, industry ProFlowers officials said. `Order;ONLYit- �-• proflowers,com/happy- 'or ca1117877 888-0688, http:/M,ww.wash i ngton post.comtwp-dyn/content/article/2009/08/08/AR2009080802448.htm I Print Powered By it Dylt1c")hligsf* http://www.washingtonpost.com/wp-dyn/content/article/2009/08/08/AR2009080802448.html 5/11/2010 University of Maryland Eastern Shor Be Site of Large Solar Farm -washintnpost.com Page 2 of 3 lie wia"Shington post Lighting the Way for Colleges photovoltaic system in the nation, a 14- percent, said Ronald Forsythe, vice president megawatt array spread across 140 and for technology and commercialization. "At Nevada acres. that point, we said we've got to find a way to stabilize energy costs and do it quickly," A batch of much larger ones is in the works. Forsythe said. But by itself, the university project will nearly double the state's solar generating So the university began negotiating with capacity of about 3 megawatts, said SunEdison. A 2-megawatt solar farm Christina Twomey, spokeswoman for the normally would cost about$12 million to Maryland Energy Administration. The next build, Dickey said, but the company offered largest is an approximately 1 megawatt to finance it so the university would not photovoltaic system installed by have to pay anything upfront. In return, the Constellation Energy last year on the roof of school signed a 20-year agreement to pay McCormick& Co.'s mill and distribution SunEdison for the electricity generated at a center in Hunt Valley. fixed but gradually rising price. Such no- money-down "power purchase agreements" "For one system, that's a pretty significant have helped overcome the intimidating costs accomplishment and a good step forward," of installing solar systems, said the industry said Joseph Verrengia, spokesman for the association's Hanis. National Renewable Energy Laboratory in Boulder, Colo. Although some huge solar The company is able to do it with the help of farms are being proposed in the Sun Belt, federal tax credits worth up to 30 percent of Verrengia said systems can convert sunlight the construction cost. Solar projects get a to electricity efficiently even in more boost in states such as Maryland, where they northerly places such as Maryland. Advertisement � r "Maryland is really coming on strong," said Matthew Dickey, SunEdison's sales manager, Identity Theft Protection who noted that his company has installed solar arrays at four Montgomery County ENR0LL TODAY AND GET: 30 DAY RISK FREE'TR1At� 11 schools and has a contract to do four more. _._ _ _ 1. � , - Officials at the University of Maryland Eastern Shore said their first concern was tAt�&Ad tree economics. The university's annual electricity �; � o+�, W expenses jumped by more than$1 million a ,, ,� couple of years ago when rates shot up by 50 %#L fet-om k,t kW*kV TWtPr0tGCti0rl' http:ltwww.wash ington post.comtwp-dy n/content/article/2009/08/08/AR2009080802448.html Print Powered By j rmaltDynamics http://www.washingtonpost.com/wp-dyn/content/article/2009/08/08/AR2009080802448.html 5/11/2010 University of Maryland Eastern Shoo Be Site of Large Solar Farm - washonpost.com Page 3 of 3 Lighting the Way for Col leges are able to sell "renewable energy credits" to power companies, which are required to generate a certain percentage of their electricity from renewable sources including wind, solar and hydropower. School officials said it's a good deal for them. The initial rate is 8.75 cents per kilowatt- hour, Forsythe said, well below the 9.9 cents the university now pays. After the first year, the charge will rise 2 percent annually, Forsythe said, but that escalation seemed reasonable, he contended, because electricity costs historically have been rising 5 percent a year in the state. Forsythe said he hopes having the photovoltaic system, which should furnish about 10 to 15 percent of the university's electricity, might give the school leverage in negotiating a better deal for the rest of its power. Some mega-solar projects are generating disputes over the amount of land needed to accommodate them. Advertisement Forsythe said the Eastern Shore project would require professors to move some m a� r research they had been conducting in fields behind the water tower to other sites on the 745-acre campus. When the university's solar farm is finished, Dickey said, it will stand as gtcarlarr« �vy ` the largest commercial photovoltaic array in Ptt� ta r�>. �lrst�z r�aritt�,tt�n�dra'u� the mid-Atlantic region for maybe a year, .101,x; for 4 when he expects the company to finish " °° !{"or HPI" building a 17.5-megawatt system in North Carolina. Q11tE:US A;GALL �Pt M stk t at 4212a but., . ::T'ODAY1. -• iiia rey try moital. http://www.washingtonpost.com/wp-dyn/content/article/2009/08/08/AR2009080802448.htmi Print Powered By ird Fc6_ �atpyt7amlcS http://www.washingtonpost.com/wp-dyn/content/article/2009/08/08/AR2009080802448.html 5/11/2010 Page 1 of 2 Stuart, Claudia From: Breedon, Dan Sent: Monday, March 22, 2010 11:40 AM To: Stuart, Claudia Cc: Tanya Sundberg; Snellings, Tim Subject: RE: Attachments: Appendix D.pdf Claudia, When Tim and I met with him and the property owner, I reiterated the need.to perform a Biological Assessment due to the properties location in the vernal pool core area, and emphasized that the optimum time for that assessment is now. They did have some preliminary assessment done and did find vernal pools on the property. I told them that we needed to coordinate on the scope for the Biological Assessment, because I was concerned that if they had something prepared by themselves it may not be adequate for purposes of completing CEQA review. I am not sure if we have good procedures on this. I am cognizant that we don't want to spend a lot of time on this without an application in-house to bill against. But time is off the essence literally, and they want to do the right thing. If we don't have good instructions for what we want in terms of appropriate mitigation you may want to borrow from the attached Appendix D from the Admin Draft EIR for GP 2030. The first section sets-forth project specific mitigation measures for vernal pool branchiopods. Additionally we may want to ensure that the wetlands survey is done in accordance with Army Corps requirements if we don't have something else to go by, again I am not sure what has been developed since I left current planning. He indicated he would call you this afternoon to discuss this. Thanks. Dan Breedon, AICP, Principal Planner Butte County General Plan 2030 1 www.buttegeneralplan.net Butte County Department of Development Services 7 County Center Drive, Oroville, CA 95965 Ph. 530.538.7629 1 email: dbreedon@buttecounty.net DISCLAIMER: This e-mail and any attachment thereto may contain private, confidential, and privileged material for the sole use of the intended recipient. Any review, copying, or distribution of this e-mail (or any attachments thereto) by other than the County of Butte or the intended recipient is strictly prohibited. If you are NOT the intended recipient, please contact the sender immediately and permanently delete the original and any copies of this e-mail and any attachments thereto. From: Kevin Peters [mailto:kpeters@sunedison.com] Sent: Thursday, March 18, 2010 4:19 PM To: Breedon, Dan Cc: Stuart, Claudia Subject: Dan — I apologize for the delay in contacting you since our meeting on March 5th. SunEdison has been working with PG&E to refine our proposed PV solar project.@ Munjar& Meridian roads during this time, however I recognize that the window to conduct some relevant biological/botanical assessments will shortly be closing. This work is also important in order to complete our Use Permit application. When we got together, we agreed that there should be some consensus on the consultant selection and scope for 3/22/20 i 0 Page 2 of 2 this work. I have 3 proposals that I'd like to discuss with you. Is there some time early next week when we could either meet, or have a phone discussion? I look forward to hearing from you. - KP Kevin W. Peters Land Acquisition&Development Manager 500 Washington Street,Suite 400 San Francisco, CA 94111 (415)230-3419(Office) (415) 722-7164(Cell) www.sunedison.com Confidentiality Statement: The information contained in this message may be privileged and/or confidential and protected from disclosure. If the reader of this message is not the intended recipient,you are hereby notified that any dissemination,distribution or copy of this communication is strictly prohibited. If you have received this communication in error,please notify us you. 3/22/2010 A P P E N D I X D ADDITIONAL ENVIRONMENTAL PROTECTIONS ........................................................................................................................ Appendix D: Additional Environmental Protections This appendix lists project-specific mitigation measures that may be required for certain projects based on the particular species and/or habitats potentially impacted by the project. 1 Vernal Pool Bra apod a. Retain a qualified biologist to determine if suitable habitat for listed vernal pool branchiopods is present in the project area and within 250 feet of the project area. If suitable habitat for vernal pool branchiopods is found,the project proponent will avoid any these habitats by establishing a buffer zone for each habitat. The sizes of buffer zones shall be determined in consultation with the USFWS. Where avoidance is not feasible, ib and is will be implemented b. If it is not feasible to avoid habitat for listed vernal pool branchiopods(both directly and indirectly),a qualified biologist with a 10(a)(1)(A) permit for vernal pool branchiopods will complete protocol-level surveys to determine whether vernal pool branchiopods are present in the identified suitable habitat. Protocol-level surveys require 2 years of wet- season surveys or 1 year each of wet and dry season surveys. If a listed species is found, lc, below will be required. c. If it is determined t at the proposed project would have director indirect impactson vernal pool branchiopods,compensation for these impacts would occur through preserving and creating additional habitat for these species or purchasing vernal pool preservation and/or creation credits at an existing mitigation bank using USFWS-approved compensation ratios. The project proponent will preserve suitable habitat or purchase equivalent mitigation credits at a minimum ratio of 2:1(2 acres preserved for every 1 acre of habitat directly or indirectly affected)and will create suitable habitat at a minimum ratio of 1:1(1 acre created for every acre lost). Preservation of habitat must occur at a USFWS-approved mitigation bank or conservation area. Final compensation requirements and mitigation ratios for the project will be determined through consultation with the USFWS 2. Valley Elderberry Longhorn Beetle a. A qualified biologist shall survey the proposed project site and a 100-foot wide buffer for the presence of valley elderberry longhorn beetle and its habitat(elderberry shrubs). Surveys shall follow USFWS guidelines'and locations of elderberry shrubs shall be mapped. If shrubs contain stems that are 1.0 inch or greater in diameter,#2b and/or#2c shall be implemented. b. Elderberry shrubs should be avoided wherever possible. Core avoidance areas should not be disturbed during construction and include all areas within 20 feet of the dripline of any elderberry shrub with a stem measuring 1.0 inch or greater in diameter at ground level. Buffer avoidance areas include all the area within 100 feet of any elderberry shrub with a stem measuring 1.0 inch or greater at ground level. If complete avoidance within a 100-foot buffer is not possible,the USFWS must be consulted before any disturbances within the buffer area are considered. Standard protective measures according to USFWS guidelines shall be implemented. If avoidance is not possible,#2c below shall be implemented. c. If elderberry shrubs cannot be avoided,elderberry plants with one or more stems measuring 1.0 inch or greater in diameter at ground level shall be transplanted to a mitigation area. The mitigation area shall provide at least 1,800 square feet for each transplanted elderberry shrub and follow USFWS guidelines for additional elderberry seedlings and other associated native ' U.S. Fish and Wildlife Service. 1999. Conservation Guidelines for the Valley Elderberry Longhorn Beetle. Sacramento Fish and Wildlife Office:Sacramento,CA.Revised July 9, 1999. plants to be planted within the area. Transplanting of elderberry shrubs and monitoring of the mitigation area shall follow USFWS guidelines. 3. California Tiger Salamander and California Red-Legged Frog a. A qualified biologist shall conduct a site assessment in accordance with USFWS'and CDFG's guidelines',to evaluate whether or not suitable aquatic and/or upland habitat for California tiger salamanders is present in or near the proposed project area. If USFWS and CDFG determine that suitable habitat for California tiger salamander is present within or near a proposed project area,the project proponent can either assume presence,with USFWS and CDFG approval,or conduct protocol-level surveys to determine presence or absence, if recommended by USFWS and CDFG. If USFWS and CDFG recommend protocol-level surveys,the USFWS and CDFG guidelines shall be followed. b. A qualified biologist shall conduct a site assessment in accordance with USFWS'guidelines' to evaluate whether or not suitable aquatic and/or upland habitat for California red-legged frogs is present in or near the proposed project area. If USFWS determines that suitable habitat for California red-legged frog is present within or near a proposed project area,the project proponent can either assume presence,with USFWS approval,or conduct protocol- level surveys to determine presence or absence, if recommended by USFWS. If USFWS recommends protocol-level surveys,the USFWS guidelines shall be followed. c. If California tiger salamanders or California red-legged frogs are determined or assumed to be present as described above,the project proponent or their contractor shall be required to implement the following measures before and during construction activities occurring within suitable habitat to minimize both direct and indirect impacts on these species. USFWS may determine additional avoidance, minimization,and compensation requirements during the Section 7 or 10 process. • Ground disturbing activities construction activities will be limited to the period from May 1 through October 15. • The project proponent shall retain a qualified wildlife biologist to conduct preconstruction surveys immediately preceding a construction activity that occurs in California tiger salamander or California red-legged frog habitat (aquatic or upland) or an activity that may result injury or mortality of these species. • Aquatic habitat areas shall be fenced off or clearly staked and flagged as sensitive areas to ensure that no construction will occur within these areas. • A USFWS approved biologist will monitor all ground disturbing construction activities. After ground disturbing project activities are complete, the USFWS approved biologist will train an individual to act as the on-site construction monitor. • An erosion and sediment control plan shall be prepared that will include measures to prevent impacts to wetlands and aquatic habitat outside of the proposed project area. Tightly woven fiber netting or similar material shall not be used for erosion control or other purposes at the project site to ensure that frogs and salamanders do not get ' U.S. Fish and Wildlife Service and California Department of Fish and Game. 2003. Interim Guidance on Site Assessment and Field Surveys for Determining Presence or a Negative Finding of the California Tiger Salamander. October. 3 U.S.Fish and Wildlife Service. 2005. Revised Guidance on Site Assessments and Field Surveys for the California Red- Legged Frog. August. Sacramento,CA: Ecological Services,Sacramento Field Office trapped. No plastic monofilament matting will be used for erosion control. • Access routes to proposed project area and the size of staging and work areas shall be limited to the minimum necessary to achieve the project goals. Routes and boundaries of the access roads prior to initiating construction/grading shall be clearly marked. • All food and food-related trash shall be stored away from sensitive areas and enclosed in sealed trash containers at the end of each workday. Food-related trash removal will occur no less than every 3 days. • No pets shall be allowed on the construction site. • Speed limits of 15 mph will be maintained on dirt roads and other access areas. • All equipment shall be maintained such that there will be no leakage of automotive fluids such as fuels, oils, and solvents. Any fuel or oil leaks will be cleaned up immediately and disposed of properly. • All hazardous materials such as fuels, oils, solvents, etc. shall be stored in sealable containers in a designated location that is at least 200feet from the drainages or other aquatic habitats. All fueling and maintenance of vehicles and other equipment will occur at least 200 feet these areas. • If a California tiger salamander or California red-legged frog is encountered during any project activities, activities shall cease until the salamander or frog is removed by a USFWS-approved biologist (and only if authorized in the Biological Opinion or Incidental Take Permit) and relocated to nearby suitable aquatic habitat. USFWS and CDFG shall be notified within 1 working day of any California tiger salamander or California red- legged frog relocation. d. If California tiger salamander or California red-legged frog presence is determined or assumed,consultation with the CDFG and USFWS will be required. Permanent and temporary effects on aquatic and upland habitat will be compensated through onsite or offsite habitat restoration and/or preservation at a new or established conservation area, purchasing mitigation credits at an existing USFWS approved conservation bank, contributing funds to a CDFG and/or USFWS approved species fund to support habitat preservation and restoration for these species,or a combination of these options. Final compensation requirements associated with the proposed project will be determined through consultation with the CDFG and USFWS. Mitigation credits will be purchased,or a conservation area and management plan will be established, prior to any ground-disturbing activities, including grading,in the project area. 4. Western Spadefoot Avoid or minimize impacts on western spadefoot by implementing the following measures: • Conduct ih-water work during the dry period of the year to avoid impacts on larval toads. • A qualified biologist with a valid scientific collecting permit should obtain a memorandum of understanding (MOU) from CDFG that allows the biologist to move toads from the construction area if needed (as described below). • A qualified biologist will conduct a preconstruction survey in suitable habitat areas (vernal pools, seasonal wetlands, and other seasonal pools) no more than 24 hours before the start of construction and move any toads within the construction area. If suitable habitat areas will be filled or dewatered during construction, these areas may be fenced to exclude toads from reentering the construction area. If western spadefoot is known to occur in the project area,and ground disturbance of upland aestivation habitat will occur, burrows will be surveyed with a burrow probe and collapsed prior to ground disturbance,as feasible. Any western toads found within burrows will be relocated to burrows outside of the construction area within suitable habitat. 5. Foothill Yellow-Legged Frog Avoid or minimize impacts on foothill yellow-legged frog by implementing the following measures: • Conduct in-water work during the low flow period of the year, preferably in late August or September,to avoid impacts on larval foothill yellow-legged frogs. • A qualified biologist with a valid scientific collecting permit shall obtain a MOU from CDFG that allows the biologist to move foothill yellow-legged frogs from the construction area if needed. • A qualified biologist shall conduct a preconstruction survey along suitable creeks within and adjacent to the project area no more than 24 hours before the start of construction and move any frogs within the construction area downstream and outside of the construction area. If the channel will be dewatered during construction, the dewatered area shall be fenced to exclude frogs from reentering the construction area. 6. Cascades Frog and Sierra Nevada Yellow-Legged Frog Avoid or minimize impacts on Cascades frog or Sierra Nevada yellow-legged frog by implementing the following measures: • A qualified biologist with a valid scientific collecting permit shall obtain a MOU from CDFG that allows the biologist to move Cascades frog and/or Sierra Nevada yellow- legged frogs from the construction area if needed. • A qualified biologist shall conduct a preconstruction survey along suitable aquatic habitat (ponds and slow moving streams for Cascades frog and streams, ponds, and lakes for Sierra Nevada yellow-legged frog) within and adjacent to the project area no more than 24 hours before the start of construction and move any frogs within the construction area downstream and outside of the construction area. If the aquatic habitat will be dewatered during construction,the dewatered area shall be fenced to exclude frogs from reentering the construction area. 7. Northwestern Pond Turtle Avoid or minimize impacts on northwestern pond turtle by implementing the following measures: • Preconstruction surveys for northwestern pond turtles in suitable aquatic and upland habitat shall be conducted by a qualified biologist 2 weeks before and 24 hours before the start of construction activities in streams, irrigation canals, and sloughs where suitable habitat exists. If a turtle is located within the construction area,the turtle will be relocated out of this area by a qualified biologist with an MOU from CDFG. Exclusion fencing shall be installed to prevent the movement of turtles back into the construction area or a qualified wildlife biologist shall be retained to monitor the area for turtles during construction. • Minimize grading and construction activities along the shore/banks of ponds, lakes, marshes, rivers, streams, and irrigation ditches and within 1,000 feet of these areas between October 15 and April 15 to reduce potential mortality to hibernating turtles. • If a turtle becomes trapped during construction activities within the waterway,the turtle shall be removed from the work area by a qualified biologist with an MOU from CDFG and placed downstream from the project site. • The construction area shall be clearly defined, using orange barrier fencing, to minimize disturbance to riparian vegetation and western pond turtle habitat. • If nesting areas for northwestern pond turtles are identified in the study area during preconstruction surveys, a buffer of 300 feet shall be established between the nesting site and the construction area. • Buffers shall be established using temporary fencing if construction begins before the nesting period ends (egg laying to emergence of hatchlings is normally from April to November). 8. California Horned Lizard Avoid or minimize impacts on California horned lizard by implementing the following measures: • Future project proponents shall work with a qualified biologist with a valid scientific collecting permit to obtain an MOU for moving California horned lizards,if necessary. • The qualified wildlife biologist shall conduct a preconstruction survey for California horned lizard no more than 24 hours before the start of construction. If lizards are discovered,the biologist shall move any lizards within the construction area to suitable habitat outside the construction area and either construct exclusion fencing to prevent lizard entry into the construction area or retain a qualified wildlife biologist to monitor the area for lizards during construction. • If the proposed project precludes the implementation of the above listed avoidance measures, the project proponent shall consult with CDFG to determine alternative avoidance measures. 9. Giant Garter Snake a. Retain a qualified biologist to determine if suitable habitat for giant garter snake is present in or near the project area. If recommended by USFWS and/or CDFG,trapping surveys by a permitted biologist shall be conducted to determine the presence or absence of this species. If giant garter snakes or their habitat are found within the project area,#9b and 9c, below shall be implemented. b. Avoid and minimize impacts on giant garter snake by implementing the following measures: • To reduce direct impacts on giant garter snakes, all construction activity in giant garter snake habitat shall be conducted between May 1 and October 1 because this is the period when snakes are active and can avoid danger. If construction activities are necessary in giant garter snake habitat between October 2 and April 30, the USFWS and CDFG must be contacted to determine whether additional measures are necessary to minimize take. • Any dewatered habitat (e.g., drainage crossings) shall remain dry for at least 15 consecutive days after April 15 and before trenching through and backfilling the dewatered habitat. • A USFWS-approved biologist shall conduct a preconstruction survey in suitable habitat no more than 24 hours before construction and will be onsite during activity within 200 feet of potential aquatic habitat. The project area shall be re-inspected whenever a lapse in construction activity of 2 weeks or more has occurred. • Vegetation clearing within 200 feet of the banks of potential giant garter snake aquatic habitat shall be limited to the minimum area necessary. • The movement of heavy equipment within 200 feet of the banks of potential giant garter snake aquatic habitat 'shall be confined to existing roadways to minimize habitat disturbance. • Before ground disturbance, all construction personnel shall participate in a USFWS- approved worker environmental awareness program. • If wetlands, irrigation ditches, marshes, etc. shall not be relocated in the project vicinity, the aquatic habitat shall be dewatered at least 2 weeks before construction begins. • To ensure that construction equipment and personnel do not affect aquatic habitat for giant garter snake outside the construction corridor, orange barrier fencing shall be erected to clearly define the aquatic habitat to be avoided. Erosion control measures will be implemented as necessary to prevent sediment and contaminants from entering aquatic habitat. • All vehicle traffic on access roads near giant garter snake habitat shall observe a speed limit of 15 mph to prevent vehicles from running over giant garter snakes basking on access roads. • Other provisions of the USFWS Standard Avoidance and Minimization Measures during Construction Activities in Giant Garter Snake Habitat. c. Compensate for the permanent and temporary loss of giant garter snake habitat. The following are typical impact minimization and compensation measures required by USFWS under the programmatic consultation for USACE 404 permitted projects with small effects (less than 3 acres of permanent losses including upland and aquatic components with no more than 1 acre of aquatic losses)on giant garter snake. • Habitat that is permanently affected shall be replaced at a ratio of up to 3:1 at a USFWS approved mitigation bank or by paying in-lieu fees to a USFWS approved giant garter a U. S. Fish and Wildlife Service. 1997. Appendix C in the Programmatic formal consultation for U.S. Army Corps of Engineers 404 permitted projects with relatively small effects on the giant garter snake within Butte,Colusa,Glenn, Fresno, Merced, Sacramento, San Joaquin, Solano, Stanislaus, Sutter, and Yolo Counties, California. Sacramento, CA. USDI Fish and Wildlife Service. snake fund. All replacement habitat shall include upland and aquatic habitat components at a ratio of 2:1(upland acres to aquatic acres). • After completion of construction activities, any temporary fill or construction debris shall be removed and disturbed areas restored to pre-project conditions. A photo documentation report with pre- and post-project photos is due 1 year from implementation of the restoration. 10. Western Burrowing Owl To comply with federal and state regulations that protect raptors, preconstruction surveys for burrowing owls will be completed,in conformance with CDFG guidelines', prior to the start of construction within suitable habitat. The preconstruction surveys shall include breeding season surveys and wintering season surveys. If no burrowing owls are detected, no further mitigation is required. However, if breeding or resident owls are located on or immediately adjacent to the site, the following measures shall be implemented: • No burrowing owls would be evicted from burrows during the nesting season (February 1 through August 31). Eviction outside the nesting season may be permitted pending evaluation of eviction plans and receipt of formal written approval from the CDFG authorizing the eviction; i A 250-foot buffer, within which no new activity would be permissible, would be maintained between project activities and nesting burrowing owls. This protected area would remain in effect until August 31, or at the CDFG's discretion and based upon monitoring evidence, until the young owls are foraging independently;and • If accidental take (disturbance, injury, or death of owls) occurs, the CDFG would be notified immediately If burrowing owls are present at the project site and avoiding construction in occupied areas is not feasible,then habitat compensation at off-site mitigation lands shall be required. Habitat Management lands comprising existing burrowing owl foraging and breeding habitat shall be acquired and preserved. An area of 6.5 acres(the amount of land found to be necessary to sustain a pair or an individual owl)will be secured for each pair of owls,or individual in the case of an odd number of birds. 11. Swainson's Hawk Avoid or minimize impacts on Swainson's hawk by implementing the following measures: • If future project facilities are constructed on lands identified as suitable foraging habitat for Swainson's hawks,then the loss shall be mitigated by providing offsite Habitat Management lands". The final acreage of offsite management lands to be provided would depend on the distance between the project area and the nearest active nest site. Prior to grading of any site with potential foraging habitat,the CNDDB will be searched or site specific surveys will be conducted to determine the nearest active nest. Based on the results of the CNDDB search or surveys,the project proponent shall compensate for losses as recommended by CDFG. 'California Department of Fish and Game. 1995. StaffReport on Burrowing Cowl Mitigation. Sacramento,CA. e California Department of Fish and Game. 1994. Staff Report Regarding Mitigation for Impacts to Swainson's Hawks(Buteo swainsoni)in the Central Valley of California. Sacramento,CA • In order to ensure that nesting Swainson's hawks will not be disturbed by construction activities,a qualified biologist shall conduct preconstruction surveys of project sites and adjacent areas within 1-mile of the project site. Survey Period I occurs from January 1 to March 20, Period II from March 20 to April 5, Period III from April 5 to April 20, Period IV from April 21 to June 10(surveys are not recommended during this period because identification is difficult as the adults tend to remain within the nest for longer periods of time),and Period V from June 10 to July 30. No fewer than three surveys will be completed,in at least each of the two survey periods immediately prior to project initiation. If a nest site is found,consultation with CDFG is required to ensure project initiation will not result in nest disturbance. 12. Nesting Birds a. To avoid or minimize impacts on nesting birds,construction activities(including tree and shrub removal)shall occur during the non-breeding season for most migratory birds(generally between September 1 and January 31). If construction activities cannot be conducted during the nonbreeding season,a qualified wildlife biologist with knowledge of the relevant species shall be retained to conduct nesting surveys before the start of construction. Surveys for nesting migratory birds shall be conducted within 15 days prior to the initiation of construction activities (including tree and shrub removal)that are scheduled to begin during the breeding season. Trees and shrubs in the project area and immediately adjacent to the project area shall be surveyed. A minimum of three separate surveys shall be conducted in the 15 day survey period. If active nests are detected during these surveys,#12b and/or 12c below will be implemented. b. If migratory bird nests are found within the survey area,a no-disturbance buffer will be established around the site to avoid disturbance or destruction of the nest site until the end of the breeding season (August 15)or until after a qualified wildlife biologist determines that the young have fledged (this date varies by species). The extent of these buffers will be determined by the biologist in coordination with CDFG and will depend on the level of noise or construction disturbance,line-of-sight between the nest and the disturbance,ambient levels of noise and other disturbances,and other topographical or artificial barriers. Buffer distances may vary between species. If more than 15 days pass between the surveys and the initiation of construction,another survey must be conducted. c. If trees with active nests of species protected under the MBTA and California Fish and Game Code cannot be avoided during project construction,authorization for tree removal shall be obtained from CDFG and/or USWFS,who may require compensation for the loss. 13. Bats To avoid or minimize impacts on bats,a qualified biologist shall conduct initial visual surveys of the project area for suitable roosting sites and to look for evidence of use by bats. The biologist shall assess if bridges or other structures,as well as suitable cavities in trees are being used as day, night,and/or maternal roosts. If maternity colonies are found within a project area,a qualified biologist will conduct a nighttime emergence survey(acoustic and visual data collection)for bats twice between April and August before construction begins to determine what species are present and if the roosts are maternity roosts. If bat maternity roosts are located or are presumed present,work should be avoided until after migration in late fall (October)when bats are less likely to be roosting(once construction activities have begun, bats will be less likely to use the area for roosting because of the increased activity in the area). If maternity roosts are not present, but other day or night roosts are located,where possible,the biologist will exclude the bats from these roosts prior to construction,or alternately all construction can be postponed until the bats have migrated from the roosts. If the bats are resident species that could potentially hibernate onsite,the biologist will exclude the bats from the roosting structure,where possible, prior to the hibernation period and before construction begins. If construction during this time period is not possible,compensatory mitigation for the loss of roosting habitat will be determined in consultation with CDFG and may include the construction and installation of suitable replacement habitat onsite. i� ' .•�:'tom � ,~� r.� r� • IL mw r� A v r`•�+'.•' Z � h F.ics� - rte. �. ��yo� P .f �4• ` A Alp U; P 1 0 0 0 0 2 S; u n; E, dl li $ O n 0 250 500 1,000 1,500 2,000 APN 04:7 - ZQQ -,055 Feet PO- r •• Qt% eft WA • �'„_" :rte : XR w i J "fri 1 U, P 10r m 0, 0j 0; 2 S u n E; d,, i s o; n; 0 250 500 1,000 1,500 2,000 A, PiV 0, 47,/ --20, 0 -,05, 5 Feet �J CITY COUNCIL OF ERIE INTRODUCED BY: 1MS. HORAN-K iN.O COUNCIL FILE NO. 15,700 OFFICIAL ORDINANCE NO.4-2010 AN ORDINANCE Amending Official Ordinance No.80-2005 known as the Zoning Ordinance of the City of Erie,Pennsylvania by adding to Article 6 (Definitions) the definitions of "Solar Collection System"and"Urban Solar Farm";by adding to Article 3 (General Regulations), Section 305 (Conditional Uses, Special Exceptions and Special Regulation Criteria) a new Section 305.54 (Solar .Collection Systems);and by adding to Article 3(General Regulations), Section 305 (Conditional Uses, Special Exceptions and Special Regulation Criteria) a new Section 305.55-(Urban Solar Farms). WHEREAS, Erie City Council directed the City Solicitor to prepare an Ordinance amending Official Ordinance No. 80-2005 known as'the Zoning Ordinance of the City of Erie, by providing definitions of"Solar Collection System" and "Urban Solar Farm'; by adding to Article 3 (General Regulations),Section 305 (Conditional Uses,Special Exceptions and Special Regulation Criteria)a new Section 305.54(Solar Collection Systems);and by adding to Article 3 (General Regulations), Section 305 (Conditional Uses, Special Exceptions and Special Regulation Criteria) a new Section 305.55 (Urban.Solar Farms) all as approved by the City Planning Commission. WHEREAS, the Council of the City of Erie under the provisions of the Pennsylvania Municipalities Planning Code(53 P.S. 10303) finds the said amendments to be in accordance with the spirit and intent of the formally adopted Comprehensive Plan for the development of the City of Erie,said Plan being known as the Erie City Plan of the Future. NOW THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF ERIE, PENNSYLVANIA: Section 1. That Official Ordinance No.80-2005,known as the Zoning Ordinance of the City of Erie the Zoning Ordinance of the City of Erie;Article 6(Definitions)is hereby amended by adding the following definitions: SOLAR COLLECTION SYSTEM: A panel or other solar energy device, the primary purpose of which is to provide for the collection, inversion, storage, and distribution of solar energy for electricity generation, space heating, space cooling or water heating. URBAN SOLAR FARM: Energy generation facility or area of land principally used to convert solar energy to electricity. Section 2. That Official Ordinance No. 80-2005,known as the Zoning Ordinance of the City of Erie,Article 3(General Regulations),Section 305(Conditional Uses,Special Exceptions and Special Regulation Criteria) is amended by adding new Section 305.54 (Solar Collection Systems)to read as follows: 305.54 SOLAR COLLECTION SYSTEMS: Solar Collection Systems shall be considered an accessory use in all Zoning Districts in accordance with the following requirements: 1 a.Freestanding solar panels shall only be permitted in the rear and side yard. b. Freestanding solar panels located on the ground or attached to a framework located on the ground shall not exceed twenty(20)feet in height above the around. c. Freestanding solar panels shall be set back as required for accessory uses in the districts in which they are located. d. The total coverage of a lot with freestanding solar panels cannot exceed the greater of 50%lot coverage or the maximum allowable coverage for the district in which they are located. e. Roof-mounted solar panels installed on a building or structure with a sloped roof shall not project vertically more than the height requirements for the district in which they are located.The panels shall not be located within three(3)feet of any peak, eave, or valley of the roof to maintain pathways of accessibility. f. Systems located on the roof shall provide,as part of their permit application,evidence of design review and structural certification if the slope of the panel differs from the roof pitch.All panels on commercial roofs shall provide this information regardless of slopes,as well as any residential roof with greater than 50%coverage. g. The manufacturers' or installers' identification and appropriate warning signage shall be posted on or near the panels in a clearly visible manner. IL No solar energy system shall be installed until evidence has been given to the City of Erie Code Enforcement Office that the electric utility company has been informed of the customer's intent to install an interconnected customer-owned generator. Off-grid systems shall be exempt from this requirement. i. Any panels installed to be used by someone other than.the owner of the property shall provide an affidavit or evidence of agreement between the lot owner and facility's owner or operator confirming the facility owner or operator has permission of the property owner to install and utilize solar panels. j. In addition to the requirements listed above,all panels must adhere to the"Solar Photovoltaic Installation Guideline"available in the Bureau of Code Enforcement. Section I That Official Ordinance No. 80-2005,known as the Zoning Ordinance of the City of Erie,Article 3(General Regulations),Section 305(Conditional Uses,Special Exceptions and Special Regulation Criteria)is amended by adding new Section 305.55(Urban Solar Farms) to read as follows: 305:55 URBAN SOLAR FARMS:.Urban Solar Farms shall be permitted in M-1,M-2,and I-P Districts,and in W-M as a conditional use,in accordance with the following regulations: a .Solar farms.shall:be enclosed by perimeter,fencing to restrict unauthorized access at7- <n t - .^ .+A - l height-ofei ght-and a half(8,f5 b. The manufacturers' or installers ideahfication and"appropriate warning signage shall be posted atthe srte rn;a'clearly;visible.manner: c. On=site power-lines shall;to the maximum.extent practicable;-be placed`undeigrroiad--7 1 1dd'Solar farms shall adhere to the setbackrheight,,aad coves e req of the district inwhich-they-are located -,"— . _ g _ e. The following requirements shall be met for permit applications: 1) A descriptive plot plan including setbacks,panel sizes,locations of property lines, buildings,and road right of ways. 2 I 2'-No ut�an olaifG shall b installeduntil evidence;has Been�ven to the Ci `:' me that the elecinc,utility. n b`com as has e nformed`of ihe'c stomes r' intent tallas �� P Y� to insinterconaected customer-owned"generator. Off-grill systems sha1T be exempt�&om this requirement:�.;,,,,,y 3) An affidavit or evidence of agreement between lot owner and the facility's owner or operator confirming that the owner or operator has permission of-the property owner to apply for necessary permits for construction and operation of the urban solar farm. i 4) Any other relevant studies, reports, certificates and approvals as may be reasonably requested by the City of Erie, including but not limited to design review. f. The following requirements shall be met for decommissioning: 1)'Solar farms which have not been in active'and continuous"service for a period of one(1)year;shall be removed'af the owners'or operators expense. 2) The site sfi'all be—restored to a nnatural condition as possible within six(6) om nths�T Section 4. That all Ordinances and parts thereof in conflict herewith are hereby repealed. Section 5. That this Ordinance shall be effective twenty(20)days after final passage and approval by the Mayor. We do hereby certify that the above ordinance was finally passed by the City Council on Feb. 3 2010. SIGNED February 3, 2010 Attest: February .3, 2010 James N. Thompson James Klemm President of Council City Clerk THIS ORDINANCE APPROVED THIS 4th DAY OF February 2010. s/ Joseph Sinnott Mayor 3 TT�° Department of Development Services ° ° ° ° ° INTER-DEPARTMENTAL REVIEW COMMITTEE °c lu �° DATE/TIME: Wednesday,May 27,2010, 1:00 p.m. to 3:00 p.m. LOCATION.• 7 County Center Drive,Conference Room A, Oroville, California AGENDA Chico 1. SunEdison Originationl LLC; APN 047-200-055 Planner: Claudia Stuart Zoning: A-40 Agricultural, 40-acre minimum Completeness of Application General Plan: GOL Grazing and Open Land Evaluation A request by SunEdison for approval of a conditional use permit to establish an 8.25 MW solar electrical generation facility as a public/quasi public use on approximately 75 acres of a 155-acre parcel. The subject property is located at the NE corner of Meridian and Munjar Roads, approx. 3.3 miles NW of the Chico Airport and the incorporated area of the City of Chico. The solar array would consist of ground-mounted photovoltaic (PV) modules arranged in rows. Each PV module would consist of approximately four 3'x5' panels mounted to a post as a fixed or tracking PV array. Maximum height would be approximately 12', with the lower edge of the array approx. 3' off the ground. Spacing would be designed to avoid shading of the arrays, and would also avoid any sensitive biotic habitats present on the site. Typical spacing between rows would be 10'-20'. Wiring connected to each 10-acre grouping of arrays would carry electrical current to a pair of inverters, with each inverter approx. the size of a small commercial refrigeration unit. A small transformer would accompany each pair of inverters. Each pair of inverters and transformer would sit on an approx. 20'x20' concrete pad.An open-air roof would likely shelter each pad. A gravel service road would be installed around the perimeter of the site, with chain link security fencing along the exterior perimeter.No other outbuildings or maintenance structures are proposed. Power would be provided to PG&E under a Power Purchase Agreement, which remains to be completed. The system is expected to become operational in 2011. The applicant has indicated that off- site transmission would use existing lines located adjacent to the site, and would not require the development of new transmission lines. The site is relatively flat, with average slope of approx. 1% from NE to SW. The applicant is working to prepare a biological study of the site, which will be used to prepare the site plan. Properties Butte County Department of Development Services ■ 7 County Center Drive ■ Oroville,CA ■ (530)538-7601 Page 1 of 2 generally to the N and W are similarly designated and zoned, while parcels generally to the E and S are designated AR Agricultural Residential and are zoned A-10. The Department of Development Services expects to prepare an Initial Study for this application. i Butte County Department of Development Services ■ 7 County Center Drive ■ Oroville,CA ■ (530)538-7601 Page 2 of 2 C Documents and Settings\kmcmillan\Local SettingsUemporary Intemet Files\OLKE\201005-26 IDR Agenda.doc L