governing board...2016/08/22 · page 1 of 2 governing board regular meeting monday, august 22,...

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GOVERNING BOARD REGULAR MEETING

Monday, August 22, 2016

2:00 p.m.

City of Brentwood Brentwood City Hall, Council Chambers 150 City Park Way, Brentwood, 94513

AGENDA

2:00 p.m. Convene meeting. 1) Roll Call/Introductions

Adjourn to Closed Session

CS1) Conference with Legal Counsel – Existing Litigation (Gov. Code, § 54956.9(d)(1)) Discovery Builders, Inc. v. City of Brentwood, California; City Council of the City of Brentwood, et al.; Contra Costa County Superior Court, Case No. N13-1781

Reconvene Open Session. Will not start before 2:20 pm. Report on any actions taken in closed session 2) Public Comment on items that are not on the agenda (public comment on

items on the agenda will be taken with each agenda item).

3) Consider APPROVING the Meeting Record from the East Contra Costa County Habitat Conservancy (“Conservancy”) Governing Board meeting of July 20, 2016.

4) Consider the following actions related to extending take coverage to PG&E Walnut Crossover Rebuild Project:

a. AUTHORIZE staff to execute a Participating Special Entity Agreement with Pacific Gas & Electric Company for take coverage of the PG&E Walnut Crossover Rebuild Project

b. AUTHORIZE staff to file a Notice of Exemption with the County Clerk for the Project.

(Allison Van Dorn)

EAST CONTRA

COSTA COUNTY

HABITAT

CONSERVANCY

City of Brentwood

City of Clayton

City of Oakley

City of Pittsburg

Contra Costa County

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5) Consider the following actions related to extending take coverage to Contra Costa Generating Station, LLC for the Oakley Generating Station Project:

a. AUTHORIZE staff to execute a Third Amendment to the Participating Special Entity Agreement with Contra Costa Generating Station, LLC, provided the Wildlife Agencies concur with the agreement.

b. AUTHORIZE staff to file a Notice of Exemption for this Board action with the County Clerk.

(Joanne Chiu)

6) Consider the following item related to the Conservancy finances: a. AUTHORIZE staff to execute a contract amendment with the East Bay Regional

Park District to extend the term of Contract # 2016-03 to study bat mortality related to wind turbines by one year, through June 30, 2018.

b. AUTHORIZE staff to execute a contract with Sanders Fence Company not to exceed $60,000 for the term September 1, 2016 through December 31, 2018.

(Abigail Fateman)

7) Consider ACCEPTING an update on the Conservancy’s habitat restoration planning efforts. (Abigail Fateman)

8) Adjourn. The next Governing Board meeting is October 24, 2016.

________________________________________________________________________________

If you have questions about this agenda or desire additional meeting materials, you may contact Maureen Parkes of the Contra Costa County Department of Conservation and Development at 925-674-7203.

The Conservancy will provide reasonable accommodation for persons with disabilities planning to participate in this

meeting who contact staff at least 24 hours before the meeting

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EAST CONTRA COSTA COUNTY HABITAT CONSERVANCY

DATE: August 22, 2016 TO: Governing Board FROM: Conservancy Staff SUBJECT: Governing Board Meeting Record for July 20, 2016 RECOMMENDATION APPROVE the Meeting Record from the East Contra Costa County Habitat Conservancy (“Conservancy”) Governing Board meeting of July 20, 2016. DISCUSSION Please find the draft meeting record attached.

CONTINUED ON ATTACHMENT: Yes ACTION OF BOARD ON: August 22, 2016 APPROVED AS RECOMMENDED: OTHER:

VOTE OF BOARD MEMBERS I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AND ENTERED ON THE MEETING RECORD OF THE CONSERVANCY GOVERNING BOARD ON THE DATE SHOWN. ATTESTED ____________________________________________________________________ John Kopchik, SECRETARY OF THE EAST CONTRA COSTA COUNTY HABITAT CONSERVANCY

BY:____________________________________________________________, DEPUTY

UNANIMOUS

AYES:

NOES: ABSENT: ABSTAIN:

Agenda Item 3

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Draft Meeting Record

East Contra Costa County Habitat Conservancy Wednesday, July 20, 2016

City of Pittsburg The Governing Board convened the meeting at 11:00 a.m.

1) Roll Call/Introductions.

Attendance

Governing Board: Joel Bryant (Vice Chair) City Council, City of Brentwood Keith Haydon City Council, City of Clayton Randy Pope City Council, City of Oakley Salvatore Evola (Chair) City Council, City of Pittsburg (late to closed session)

Conservancy staff and consultants: Abigail Fateman Conservancy Staff Joanne Chiu Conservancy Staff Allison Van Dorn Conservancy Staff Chris Beale Conservancy Counsel (closed session only via phone)

Other attendees (on sign-in sheet): Zack Korach Maze and Associates Victoria Isip Contra Costa County

The meeting was convened at 11:05 and adjourned to Closed Session. The Governing Board reconvened in Open Session at 11:40 a.m. Report on any actions taken in Closed Session. There were no actions to report.

2) Public Comment on items that are not on the agenda

There were no comments.

3) Consider APPROVING the Meeting Record from the East Contra Costa County Habitat Conservancy (“Conservancy”) Governing Board meeting of April 25, 2016. The Meeting Record was approved. (4-0: Bryant, Evola, Haydon, Pope; Piepho absent)

4) Consider the following CONSENT items:

a) AUTHORIZE staff to execute a Participating Special Entity Agreement with Crimson California Pipeline L.P. transferring the rights and unfulfilled obligations of the Chevron Pipe Line Company to Crimson California Pipeline L.P. for the Chevron Pipeline KLM Site 1357 Repair Project. Upon executing the new Participating Special Entity Agreement, the existing agreement with Chevron Pipe Line Company will be terminated. (Joanne Chiu)

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b) AUTHORIZE staff to execute a Participating Special Entity Agreement with Crimson California Pipeline L.P. transferring the rights and unfulfilled obligations of the Chevron Pipe Line Company to Crimson California Pipeline L.P. for the Chevron Pipeline KLM 32 PIM Repair Project. Upon executing the new Participating Special Entity Agreement, the existing agreement with Chevron Pipe Line Company will be terminated. (Joanne Chiu)

c) ACCEPT update on activities to implement the Conservancy’s 2016 Legislative Platform. (Abigail Fateman)

d) ACCEPT update on media coverage of Conservancy activities. (Abigail Fateman)

e) APPROVE Resolution No. 2016-02 related to Conservancy grant applications which authorizes Conservancy staff to:

i. Submit grant applications to the California Department of Fish and Wildlife (CDFW) for the Natural Community Conservation Planning (NCCP) Local Assistance Grant (LAG) program (up to $120,000); and

ii. Enter into a grant agreement to accept grant funds if approved by CDFW. (Abigail Fateman)

The Consent items were approved as recommended by staff. (4-0: Bryant, Evola, Haydon, Pope; Piepho absent)

5) Consider ACCEPTING the audited financial statements and related documents for

the year ending December 31, 2015. (Abigail Fateman) Ms. Fateman presented the item. She introduced Victoria Isip, Contra Costa County Senior Accountant who was a significant member in facilitating the Conservancy auditing process and Zach Korach, Maze & Associates, who performed the required 2015 audit. Mr. Korach presented on the audited financial statements and related documents, highlighting that there were no findings for 2015. Mr. Korach answered questions regarding the audit findings. The item was approved as recommended by staff. (4-0: Bryant, Evola, Haydon, Pope; Piepho absent)

6) Consider the following items related to Conservancy finances: a) A CCEPT the mid-year status report on finances and the 2016 Conservancy

Budget. b) AUTHORIZE the contribution of $5,000 to fund a legislative coordinator to

represent the California Habitat Conservation Planning Coalition’s and the Conservancy’s 2016 and 2017 State Legislative Platform.

c) AUTHORIZE staff to execute a third amendment to the existing contract with the East Bay Regional Park District to extend the term from June 30, 2016 to December 31, 2016.

d) AUTHORIZE staff to execute a first amendment to the existing contract with H.T. Harvey and Associates to increase the contract limit by $55,000 from $30,000 to $85,000. (Joanne Chiu and Abigail Fateman)

Ms. Chiu presented item 6a providing an overview of the Conservancy’s 2016 expenditures to date and highlighted that the expenditures are within the approved budget

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levels and are occurring at a pace to remain under budget limits through the end of the year. Ms. Fateman presented items 6b, 6c, and 6d. She provided brief background and context on each item. Items 6a, 6b, 6c and 6d were approved as recommended by staff. (4-0: Bryant, Evola, Haydon, Pope; Piepho absent)

7) Consider APPROVING the draft Request for Proposals (RFP) for directed science

in the Preserve System and DIRECTING staff to finalize for distribution. (Abigail Fateman) Ms. Fateman reviewed the process undertaken by the Board and the Public Advisory Committee to develop the request for proposals for directed science in the Preserve System. The item was approved as recommended by staff. (4-0: Bryant, Evola, Haydon, Pope; Piepho absent)

8) Consider DIRECTING staff to increase public education and outreach efforts around Conservancy activities. (Abigail Fateman) Ms Fateman provided an overview of activities that could be undertaken to increase outreach efforts. Staff was directed to continue to work with East Bay Regional Park District planning a 10 year Conservancy Celebration and additional outreach activities. The item was approved as recommended by staff. (4-0: Bryant, Evola, Haydon, Pope; Piepho absent)

9) Consider AUTHORIZING an allocation of $25,000 to the Marsh Creek Trail feasibility study. (Abigail Fateman) Ms. Fateman presented a brief update on the planning efforts around the Marsh Creek Corridor Trail feasibility study. She further explained that stakeholders, led by Contra Costa County Public Works Department, are currently seeking funding to move forward with the Study. Conservancy participation will help ensure that Conservancy interests are represented and considered through the planning process. The item was approved as recommended by staff. (4-0: Bryant, Evola, Haydon, Pope; Piepho absent)

10) Consider AUTHORIZING staff to execute a funding agreement with the East Bay Regional Park District, one state grant agreement with the Wildlife Conservation Board, and one federal subgrant agreement with the Wildlife Conservation Board for federal funds for acquisition of the Coelho property (APN 003-160-006); unincorporated Contra Costa County, CA). (Joanne Chiu) Ms. Chiu provided an overview of the Coelho Property. Mr. Bryant inquired on whether or not there has been discussion with Contra Costa Transportation Authority (CCTA) regarding the extension of Armstrong Road to Vasco Road. Ms. Fateman noted that the ECCC HCP/NCCP discusses various transportation projects such as the Highway 4 to Vasco connector. Such project has specific design requirements identified in the HCP/NCCP to minimize impacts on sensitive species in Vasco Corridor. The item was approved as recommended by staff. (4-0: Bryant, Evola, Haydon, Pope; Piepho absent)

11) Consider RESCHEDULING the December 2016 Governing Board meeting to a new date and time. (Abigail Fateman) The December meeting was rescheduled to Friday, December 9, 11 a.m. - 1 p.m.

12) Adjourn. The next Governing Board meeting is August 22, 2016.

Agenda Item 4

CONTINUED ON ATTACHMENT: Yes ACTION OF BOARD ON: August 22, 2016 APPROVED AS RECOMMENDED: OTHER:

VOTE OF BOARD MEMBERS I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AND ENTERED ON THE MEETING RECORD OF THE CONSERVANCY GOVERNING BOARD ON THE DATE SHOWN. ATTESTED ____________________________________________________________________

John Kopchik, SECRETARY OF THE EAST CONTRA COSTA COUNTY HABITAT CONSERVANCY

BY:____________________________________________________________, DEPUTY

UNANIMOUS AYES: NOES: ABSENT: ABSTAIN:


DATE: August 22, 2016 TO: Governing Board FROM: Conservancy Staff (Allie Van Dorn) SUBJECT: Agreement with Pacific Gas and Electric Company (PG&E) to Extend Take

Coverage RECOMMENDATION Consider the following actions related to extending take coverage to PG&E Walnut Crossover Rebuild Project:

a. AUTHORIZE staff to execute a Participating Special Entity Agreement with Pacific Gas and Electric Company for take coverage of the PG&E Walnut Crossover Rebuild Project.

b. AUTHORIZE staff to file a Notice of Exemption with the County Clerk for the project.

DISCUSSION ITEM (A). PG&E plans to increase the operational reliability of gas transmission pipelines 131 and 114 (L-131 and L-114 respectively) by rebuilding the existing undersized Walnut Crossover and installing equipment which allows inspection technologies to transfer between the two pipelines. The Walnut Crossover Station is located immediately north of Walnut Boulevard in the community of Bryon, approximately 0.74 mile northeast of the Los Vaqueros Reservoir. The project will include the excavation and modification of the existing facilities at the Walnut Crossover. Work includes replacing the above-ground facilities, regrading and graveling the surrounding surface and installing a new retaining wall and fence around the Walnut Crossover. In addition to the work and staging activities taking place in and around the Walnut Crossover Station, an offsite temporary workspace within the Los Vaqueros Watershed will also be used to

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stage project equipment, materials, and vehicles for the duration of the project. This offsite temporary workspace is located along Walnut Boulevard, approximately 1 mile east of the Walnut Crossover work area. The 2.11 acre offsite temporary work area is currently graveled and considered an urban/developed site. An approximately 0.68 acre temporary work area will be established around the existing Walnut Crossover for work in 2016 and 2017. The work area is located within annual grassland and will be subject to temporary disturbance from staging and movement of equipment, spoils placement, vehicle parking, and other project activities. Work in 2016 will consist of the installation of a temporary bypass pipeline within the 0.68 acre temporary work area. The bypass will allow gas to flow while the Walnut Crossover is being rebuilt in 2017. To install the bypass pipeline, a trench approximately 210-ft long, 5-ft wide, and 8-ft deep will be excavated. Spoils will be kept and used to backfill the excavations. The temporary bypass will not be put in to service until work on the Walnut Crossover rebuild begins in 2017. The bypass will be removed upon completion of the project in 2017. In 2017, an approximately 0.12 acre excavation area will be required at the Walnut Crossover work area to expose underground facilities and complete modifications; 0.02 acres of this area is developed. Spoils will be kept and used to backfill excavations. Upon project completion, the 0.12 acre area will be graveled and fenced and a retaining wall will be put in place, resulting in 0.1 acre of permanent impact to annual grassland. For safety purposes during welding on the existing pipelines for the Walnut Crossover Rebuild project in 2017, PG&E will excavate four sniff holes on the pipelines entering and exiting the Walnut Crossover. All sniff holes are located within PG&E’s existing easement - two within the primary Walnut Crossover work area and two sniff holes north of the project site along an existing dirt access road maintained by CCWD. The two sniff holes north of the primary project site will be hand excavated resulting in 0.03 acre of temporary impacts to annual grassland. Access to the sniff holes north of the primary project area will be via an existing dirt access road. The total area of direct temporary impact associated with use of the dirt access road is approximately 0.34 acres. PG&E opted to include a 50-ft buffer on either side of the road to account for indirect effects associated with use of the dirt access road. The temporary impact area associated with the dirt access road is 1.43 acres of ruderal land cover. (See Attachment A: Project Description and Attachment B: Figures in the Planning Survey Report Application for more information on the Project and its location). PG&E is requesting take authorization for the Project through the Conservancy as a Participating Special Entity. Chapter 8.4 of the HCP/NCCP provides that organizations, including public agencies and private organizations, may apply directly to the Conservancy for take coverage as a Participating Special Entity (“PSE”) for projects not subject to the land use authority of one of the land use agencies participating in the HCP/NCCP. PG&E does not require any city or county land use permits for this Project and is therefore eligible to apply for take coverage as a PSE. As a PSE, PG&E will obtain authorization for take of HCP/NCCP covered species in accordance

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with the applicable terms and conditions of the Implementing Agreement, the HCP/NCCP, and the state and federal permits. To apply for take coverage as a Participating Special Entity, the PSE’s project must be an eligible covered activity or specifically named project under the HCP/NCCP. As set forth in Section 2.3.2 of the HCP/NCCP, certain public and private utility infrastructure projects are an eligible covered activity within the HCP/NCCP inventory area. The Project is an eligible covered activity. To receive permit coverage under the HCP/NCCP, the Conservancy and the PG&E must enter into an Agreement obligating compliance with the applicable terms and conditions of the Implementing Agreement, the HCP/NCCP, and the state and federal permits. The agreement must describe and bind PG&E to perform all avoidance, minimization, and mitigation measures applicable to the Project. Conservancy staff has prepared the proposed Participating Special Entity Agreement (“Agreement”) and PG&E agrees to the terms and conditions therein (attached). Attached as Exhibit 1 to the PSE Agreement is the completed Planning Survey Report Application (“PSR”) for the Project, which was prepared by PG&E in consultation with Conservancy staff. The PSR documents the results of the planning-level surveys conducted at the project site and associated access areas where impacts will occur and describes the specific pre-construction surveys, avoidance/minimization/construction monitoring, and mitigation measures that are required in order for the Project to be covered through the HCP/NCCP. The PSR contains project vicinity maps, detailed maps showing the impacts associated with the Project site, land cover and species habitat maps, and the Fee Calculator Worksheets. Key provisions of the Agreement:

• The Project impacts are reflected in the table below:

Land Cover Type Impact Type

Total Permanent Impact Temporary Impact Annual Grassland (Walnut Crossover work area)

0. 1 acre 0.68 acre 0.78 acre

Annual Grassland (sniff hole work areas)

- 0.03 acre 0.03 acre

Ruderal (dirt access road to sniff holes and 50ft buffer)

- 1.43 acre 1.43 acre

Total 0.1 acre 2.14 acres 2.24 acres

• The Agreement provides that PG&E will reimburse the Conservancy for staff costs associated with processing the request for take coverage, up to a maximum reimbursement of $5,000.

• As set forth in the Agreement (page 6), PG&E will pay the Conservancy $46,945.90 which amount includes all HCP/NCCP mitigation fees necessary for the Project as well as a Contribution to Recovery for Endangered Species.

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• The table below summarizes the required fees and administrative costs:

PG&E Walnut Crossover Rebuild Project

Permanent Impact Development Fee: $20,717.33

Temporary Impact Development Fee: $3,657.50

Contribution to Recovery for Endangered Species: $17,178.42 TOTAL FEES AND CONTRIBUTIONS $41,553.25

Maximum Administrative Costs

$5,000.00 MAXIMUM AMOUNT TO BE PAID $46,553.25

• The Fees and Administrative Costs must be paid before work commences. PG&E anticipates starting work in September 2016.

• As set forth in the HCP/NCCP, the Conservancy may charge the PSE a Contribution to Recovery (CTR) to help the Conservancy cover certain costs associated with the HCP/NCCP that are not included in the mitigation fees (for example, the costs of preserve management beyond the permit term, the costs borne by the Conservancy of exceeding mitigation requirements and contributing to the recovery of covered species [as is required because the plan is an NCCP and by state law NCCP’s must contribute to recovery, etc.]). Per the Conservancy’s CTR policy, which established a standardized method of determining the CTR charge, PG&E will be charged an amount of $17,315.30. This amount is calculated based on the Project’s cumulative impacts being greater than $10,000.

• The PSE Agreement and PSR require a number of detailed measures to avoid impacts to several covered species including pre-construction surveys and avoidance and minimization measures for San Joaquin kit fox, western burrowing owl, California tiger salamander, California red-legged frog, Swainson’s hawk, and golden eagle.

Next steps: If the Conservancy Governing Board authorizes staff to sign the PSE Agreement, key next steps in granting take coverage would be as follows:

• PG&E signs the Agreement. • Staff will ask the Wildlife agencies to review the Agreement and to concur that the

Agreement includes all applicable requirements of the HCP/NCCP with regard to the Project and imposes a duty on PG&E to implement them. If, and only if, the Wildlife Agencies concur, the Executive Director of the Conservancy will sign the Agreement. Note: Participating Special Entity Agreements, unlike the granting of take authorization by a participating City or County, require Wildlife Agency concurrence.

• PG&E pays all required mitigation and administrative costs (to-date, as set forth in an invoice to be provided to PG&E by Conservancy staff), as outlined in the Agreement.

• The Conservancy issues PG&E a Certificate of Inclusion. Take authorization would then be in effect, subject to the terms of the Agreement.

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• PG&E conducts pre-construction surveys to determine which species-specific avoidance and minimization measures are required during construction.

• PG&E develops and submits a construction monitoring plan to the Conservancy in accordance to Section 6.3.3 of the HCP/NCCP.

• PG&E implements the Project subject to the terms of the Agreement. ITEM (B). California Environmental Quality Act (CEQA): The Board’s decision to authorize the Executive Director to execute a PSE Agreement and to extend take authorization to Pacific Gas and Electric Company for the Walnut Crossover Rebuild Project is a public agency action that must comply with CEQA. For purposes of the Project, the Conservancy is the CEQA lead agency. The Conservancy has determined that the Project is exempt from CEQA pursuant to a categorical exemption under Class 1, “Existing Facilities,” of the State CEQA Guidelines Section 15301. (Pub. Resources Code section 21084; Cal. Code Regs., tit. 14, §15301). ATTACHMENTS:

• PSE Agreement, including: o Main body of agreement o Exhibit 1: Planning Survey Report:

Main body of planning survey report • Attachment A. Project Description • Attachment B. Figures • Attachment C. Project Compliance to HCP Conditions • Attachment D. Fee Calculators

1

PARTICIPATING SPECIAL ENTITY AGREEMENT

Between

THE EAST CONTRA COSTA COUNTY HABITAT CONSERVANCY and the

PACIFIC GAS AND ELECTRIC COMPANY

1.0 PARTIES This Agreement is made and entered into by the East Contra Costa County Habitat Conservancy (“Conservancy”) and Pacific Gas and Electric Company (“Participating Special Entity” or “PSE”) as of the Effective Date. 2.0 RECITALS The Parties have entered into this Agreement in consideration of the following facts:

2.1 The East Contra Costa County Habitat Conservation Plan/Natural Community Conservation Plan (“HCP/NCCP,” or “Plan”) is intended to provide a comprehensive framework to protect natural resources in eastern Contra Costa County, while improving and streamlining the environmental permitting process for certain projects that would cause impacts on endangered and threatened species. The primary policy priority of the Plan is to provide comprehensive species, wetlands, and ecosystem conservation and contribute to recovery of endangered and threatened species within East Contra Costa County while balancing open space, habitat, agriculture, and urban development. To that end, the Plan describes how to avoid, minimize, and mitigate, to the maximum extent practicable, impacts on Covered Species and their habitats while allowing for certain development and other activities in selected regions of the County and the Cities of Pittsburg, Clayton, Oakley, and Brentwood.

2.2 The Conservancy is a joint powers authority formed by its members, the County of Contra Costa (“County”), the City of Pittsburg (“Pittsburg”), the City of Clayton (“Clayton”), the City of Oakley (“Oakley”) and the City of Brentwood (“Brentwood”), to implement the HCP/NCCP.

2.3 The HCP/NCCP covers approximately one-third of the County, or 174,082 acres, all in East Contra Costa County, in which impacts from certain development and other activities are evaluated, and in which conservation will occur.

2.4 The area covered by the HCP/NCCP has been determined to provide, or potentially provide, habitat for twenty-eight (28) species that are listed as endangered or threatened, that could in the future be listed as endangered or threatened, or that have some other special status under federal or state laws.

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2.5 The Conservancy has received authorization from the United States Fish and Wildlife Service (“USFWS”) under incidental take permit TE 160958-0, and the California Department of Fish and Wildlife (“CDFW”), under incidental take permit 2835-2007-01-03, for the Take of the twenty-eight (28) special-status species and certain other species, as take is defined respectively under federal and state law, while carrying out certain development and other activities.

2.6 The Conservancy may enter into agreements with participating special entities that allow certain activities of theirs to be covered by the Federal Permit and the State Permit, subject to the conditions in the Implementing Agreement (“IA”), the HCP/NCCP and the Permits.

2.7 PSE proposes to implement the PG&E Walnut Crossover Rebuild Project and seeks extension of the Conservancy’s permit coverage to rebuild the existing underground and above ground facilities at an undersized pipeline crossover station located at 19 Walnut Blvd in the community of Byron in east Contra Costa County, as further described in Exhibit 1, the Application.

2.8 The Conservancy has concluded, based on the terms of this Agreement and the application submitted by PSE (the “Application”), that PSE has provided adequate assurances that it will comply with all applicable terms and conditions of the IA, the HCP/NCCP, and the Permits. The Application is attached hereto as Exhibit 1 and is hereby incorporated into this Agreement by reference.

3.0 DEFINITIONS The following terms as used in this Agreement will have the meanings set forth below. Terms specifically defined in the Federal Endangered Species Act (“FESA”), the California Endangered Species Act (“CESA”) or the Natural Community Conservation Planning Act (“NCCPA”) or the regulations adopted by USFWS and CDFW under those statutes shall have the same meaning when used in this Agreement. Definitions used in this Agreement may elaborate on, but are not intended to conflict with, such statutory or regulatory definitions.

3.1 “Agreement” means this Agreement, which incorporates the IA, the HCP/NCCP, the Permits, and the Application by reference.

3.2 “Application” means the application submitted by the PSE in accordance with Chapter 8.4 of the HCP/NCCP, and which is attached hereto as Exhibit 1. The Application contains a cover sheet, the results of required planning surveys and the avoidance, minimization and mitigation measures that will be a condition of the PSE using the Conservancy’s Permits.

3.3 “Authorized Take” means the extent of incidental Take of Covered Species authorized by the USFWS in the Federal Permit issued to the Conservancy pursuant to Section 10(a)(1)(B) of FESA, and the extent of

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Take of Covered Species authorized by CDFW in the State Permit issued to the Conservancy pursuant to California Fish and Game Code section 2835.

3.4 “CDFW” means the California Department of Fish and Wildlife, formerly the California Department of Fish and Game, a department of the California Resources Agency.

3.5 “CESA” means the California Endangered Species Act (Fish & G. Code, § 2050 et seq.) and all rules, regulations and guidelines promulgated pursuant to that Act.

3.6 “Changed Circumstances” means changes in circumstances affecting a Covered Species or the geographic area covered by the HCP/NCCP that can reasonably be anticipated by the Parties and that can reasonably be planned for in the HCP/NCCP. Changed Circumstances and planned responses to Changed Circumstances are more particularly defined in Section 12.2 of the IA and Chapter 10.2.1 of the HCP/NCCP. Changed Circumstances do not include Unforeseen Circumstances.

3.7 “Covered Activities” means those land uses and conservation and other activities described in Chapter 2.3 of the HCP/NCCP to be carried out by the Conservancy or its agents that may result in Authorized Take of Covered Species during the term of the HCP/NCCP, and that are otherwise lawful.

3.8 “Covered Species” means the species, listed and non-listed, whose conservation and management are provided for by the HCP/NCCP and for which limited Take is authorized by the Wildlife Agencies pursuant to the Permits. The Take of Fully Protected Species is not allowed. The Take of extremely rare plants that are Covered Species is allowed only as described in Section 6.0 and the IA.

3.9 “Effective Date” means the date when this Agreement is fully executed.

3.10 “Federal Listed Species” means the Covered Species which are listed as threatened or endangered species under FESA as of the Effective Date, and the Covered Species which are listed as threatened or endangered pursuant to FESA during the term of the HCP/NCCP as of the date of such listing.

3.11 “Federal Permit” means the federal incidental Take permit issued by USFWS to the Conservancy and other local agencies pursuant to Section 10(a)(1)(B) of FESA (permit number TE 160958-0), as it may be amended from time to time.

3.12 “FESA” means the Federal Endangered Species Act of 1973, as amended (16 U.S.C § 1531 et seq.) and all rules, regulations and guidelines promulgated pursuant to that Act.

3.13 “Fully Protected Species” means any species identified in California Fish and Game Code sections 3511, 4700, 4800, 5050 or 5515 that occur within the Plan Area.

3.14 “HCP/NCCP” or “Plan” means the East Contra Costa County Habitat Conservation Plan/Natural Community Conservation Plan.

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3.15 “Implementing Agreement” or “IA” means the “Implementing Agreement for the East Contra Costa County Habitat Conservation Plan/Natural Community Conservation Plan,” dated January 22, 2007.

3.16 “Jurisdictional Wetlands and Waters” means State and federally regulated wetlands and other water bodies that cannot be filled or altered without permits from either the U.S. Army Corps of Engineers under section 404 of the Clean Water Act or, from the State Water Resources Control Boards under either section 401 of the Clean Water Act or the Porter-Cologne Water Quality Act, or CDFW under section 1602 of the Fish and Game Code, as further explained in Chapter 1.3.5 of the HCP/NCCP.

3.17 “Listed Species” means a species (including a subspecies, or a distinct population segment of a vertebrate species) that is listed as endangered or threatened under FESA or CESA.

3.18 “NCCPA” means the Natural Community Conservation Planning Act (Fish & G. Code, § 2800 et seq.) and all rules, regulations and guidelines promulgated pursuant to that Act.

3.19 “Non-listed Species” means a species (including a subspecies, or a distinct population segment of a vertebrate species) that is not listed as endangered or threatened under FESA or CESA.

3.20 “Party” or “Parties” means any or all of the signatories to this Agreement.

3.21 “Permit Area” means the area within the Plan Area where the Conservancy has received authorization from the Wildlife Agencies for the Authorized Take of Covered Species while carrying out Covered Activities.

3.22 “Permits” means the Federal Permit and the State Permit.

3.23 “Plan Area” means the geographic area analyzed in the HCP/NCCP, located in the eastern portion of Contra Costa County, as depicted in Figure 1-1 of the HCP/NCCP. The Plan Area is further described in detail in Chapter 1.2.1 of the HCP/NCCP. The Plan Area is also referred to as the “Inventory Area” in the HCP/NCCP.

3.24 “Preserve System” means the land acquired and dedicated in perpetuity through either a fee interest or conservation easement intended to meet the preservation, conservation, enhancement and restoration objectives of the HCP/NCCP.

3.25 “Project” means the PG&E Walnut Crossover Rebuild Project, as described in Section 2.7.

3.26 “Regional General Permit 1” means activities authorized under the Regional General Permit 1 with the U.S. Army Corps of Engineers covering the Plan Area of the HCP/NCCP.

3.27 “State Permit” means the state Take permit issued to the Conservancy and other local agencies pursuant to Section 2835 of the California Fish and

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Game Code (permit number 2835-2007-01-03), as it may be amended from time to time.

3.28 “Take” has the same meaning provided by FESA and its implementing regulations with regard to activities subject to FESA, and also has the same meaning provided in the California Fish and Game Code with regard to activities subject to CESA and NCCPA.

3.29 “Unforeseen Circumstances” under the Federal Permit means changes in circumstances affecting a Covered Species or geographic area covered by the HCP/NCCP that could not reasonably have been anticipated by the Plan developers and USFWS at the time of the Plan’s negotiation and development, and that result in a substantial and adverse change in the status of a Covered Species. “Unforeseen Circumstances” under the State Permit means changes affecting one or more species, habitat, natural community, or the geographic area covered by the Plan that could not reasonably have been anticipated at the time of Plan development, and that result in a substantial adverse change in the status of one or more Covered Species.

3.30 “USFWS” means the United States Fish and Wildlife Service, an agency of the United States Department of Interior.

3.31 “Wildlife Agencies” means USFWS and CDFW.

4.0 PURPOSES

This Agreement defines the Parties’ roles and responsibilities and provides a common understanding of actions that will be undertaken to avoid, minimize and mitigate the effects on the Covered Species caused by the Project, and to provide for the conservation of the Covered Species within the Plan Area. The purposes of this Agreement are to ensure implementation of each of the terms and conditions of this Agreement, and the relevant terms of the IA, the HCP/NCCP, and the Permits, and to describe remedies and recourse should either Party fail to perform its obligations as set forth in this Agreement.

5.0 AVOIDANCE, MINIMIZATION AND MITIGATION OF IMPACTS

5.1 General Framework As required by FESA and NCCPA, the HCP/NCCP includes measures to avoid and minimize take of Covered Species and to conserve natural communities and Covered Species at the landscape-, habitat- and species-level. Chapter 6 of the HCP/NCCP provides further instructions to determine which avoidance and minimization measures are applicable to particular Covered Activities. PSE shall implement all applicable avoidance and minimization measures as required by the HCP/NCCP, including but not limited to those identified in Chapter 6, as described in the Application and this Agreement.

5.2 Surveys and Avoidance Measures Planning surveys are required prior to carrying out any Covered Activity for which a fee is collected or land in lieu of a fee is provided. PSE has submitted a planning survey report

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for approval by the Conservancy in accordance with Chapter 6.2.1 of the HCP/NCCP. This planning survey report is contained within the Application, which describes the results of the planning surveys and describes in detail the pre-construction surveys, construction monitoring, avoidance measures and mitigation measures that apply to the Project and shall be performed by PSE. Based on the Application, the Conservancy has determined that PSE will implement and comply with all applicable pre-construction surveys and construction monitoring requirements described in Chapters 6.3.2 and 6.3.3 of the HCP/NCCP, and all applicable conditions on covered activities described in Chapter 6.4 of the HCP/NCCP.

5.3 No Take of Extremely Rare Plants or Fully Protected Species Nothing in this Agreement, the HCP/NCCP or the Permits shall be construed to allow the Take of extremely rare plant species listed in Table 6-5 of the HCP/NCCP (“No-Take Plant Population”) or any Fully Protected Species under California Fish and Game Code sections 3511, 4700, 4800, 5050 or 5515. PSE shall avoid Take of these species.

5.3.1 Golden Eagle The Permits do not authorize Take of the golden eagle and PSE shall avoid Take of any golden eagle. The avoidance measures set forth in the HCP/NCCP, including but not limited to Conservation Measure 1.11, should be adequate to prevent Take of golden eagles, but the Conservancy shall notify PSE in writing of any additional or different conservation measures that are designed to avoid Take of these species and that apply to PSE. PSE shall implement all such avoidance measures to avoid Take of golden eagles.

5.4 Fees and Dedications As set forth in the Application, PSE agrees to pay the Conservancy a one-time payment of $41,553.25, which amount includes all HCP/NCCP mitigation fees necessary for the Project, as stated in the Application. The payment also includes an amount sufficient to implement additional actions that will contribute to the recovery of endangered and threatened species (“Contribution to Recovery”). The overall payment amount is the sum of the following:

Development Fee: $20,717.33

Temporary Development Impact Fee: $3,657.50 Contribution to Recovery: $17,178.42

The payment must be paid in full to the Conservancy before any ground-disturbance associated with the Project occurs. Notwithstanding the above, the Parties acknowledge that the Conservancy adjusts its fee schedule annually on March 15 of each year in accordance with the fee adjustment provisions of Chapter 9.3.1 of the HCP/NCCP. If the PSE pays before March 15, 2017 and construction of the Project commences before March 15, 2017, the amount due will be as stated above. If PSE pays on or after March 15, 2017 or construction of the Project does not commence before March 15, 2017 the amount due will be subject to annual fee adjustments for all fees, and subject to annual adjustments of the Contribution to Recovery based on the formula set forth in Chapter 9.3.1 for the HCP/NCCP wetland mitigation fee. Based on these adjustments, if PSE pays before March 15 of any year, but construction does not commence before March 15 of that year, PSE

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will either be required to submit an additional payment for any increases or be entitled to a refund without interest for any decreases. 6.0 TAKE AUTHORIZATION

6.1 Extension of Take Authorization to PSE

As provided in Chapter 8.4 of the HCP/NCCP, after receipt of the Wildlife Agencies’ written concurrence that the Project complies with the HCP/NCCP, the Permits and the IA, and after execution of this Agreement, payment of fees, compliance with the California Environmental Quality Act (Public Resources Code section 21000, et seq.) ("CEQA"), the Conservancy shall issue a Certificate of Inclusion to PSE that specifically describes the Authorized Take and required conservation measures and extends Take authorization under the Permits to PSE. PSE is ultimately responsible for compliance with all applicable terms and conditions of this Agreement, the IA, the HCP/NCCP and the Permits.

6.1.1 Compliance with the California Environmental Quality Act The Conservancy's issuance of a Certificate of Inclusion to the PSE is a public agency action that must comply with CEQA. For purposes of the Project, the Conservancy is the CEQA lead agency. The Conservancy has determined the project is categorically exempt from the requirements of CEQA under Class 1, "Existing Facilities," of the State CEQA Guidelines Section 15301. (Pub. Resources Code section 21084; Cal. Code Regs., tit. 14, §15301).

6.2 Duration of Take Authorization Once the Take authorization has been extended to the Project, it shall remain in effect for a period of fifteen (15) years, unless and until the Permits are revoked by USFWS or CDFG, in which case the Take authorization may also be suspended or terminated.

6.3 Section 7 Consultations with USFWS Nothing in this Agreement is intended to alter the obligation of a federal agency to consult with USFWS pursuant to Section 7 of FESA (16 U.S.C. §1536(a)). The PSE acknowledges that, if the Project are authorized, funded, or carried out by a federal agency, the federal agency and the Project must also comply with Section 7. As provided in Section 16.1 of the IA, USFWS has made a commitment that, unless otherwise required by law or regulation, it will not require any measures under Section 7 that are inconsistent with or exceed the requirements of the HCP/NCCP and the Permits for activities covered by the HCP/NCCP and the Permits.

7.0 RIGHTS AND OBLIGATIONS OF PSE

7.1 Rights Upon the Conservancy’s issuance of a Certificate of Inclusion to PSE, PSE may Take the Covered Species while carrying out the Project in the Permit Area, as further authorized by and subject to the conditions of this Agreement, the IA, the HCP/NCCP, and the Permits. The authority issued to PSE applies to all of its elected officials, officers, directors,

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employees, agents, subsidiaries, contractors, and subcontractors, and their officers, directors, employees and agents to the extent that they participate in the implementation of the Project. PSE shall periodically conduct an educational program to fully inform all such persons and entities of the terms and conditions of the Permits, and PSE shall be responsible for supervising their compliance with those terms and conditions. All contracts between PSE and such persons and entities shall require their compliance with the Permits.

7.2 General Obligations The PSE will fully and faithfully perform all obligations assigned to it under this Agreement, the IA, the HCP/NCCP, the Permits, including but not limited to the obligations assigned in the following chapters of the HCP/NCCP: Chapter 6.0 (Conditions on Covered Activities), Chapter 8.4 (Participating Special Entities), and Chapter 9.0 (Funding). PSE shall implement all measures and adhere to all standards included in the Application, and PSE shall reserve funding sufficient to fulfill its obligations under this Agreement, the IA, the HCP/NCCP and the Permits throughout the term of this Agreement. PSE will promptly notify the Conservancy of any material change in its financial ability to fulfill its obligations under this Agreement.

7.3 Obligations In The Event of Suspension or Revocation In the event that USFWS and/or CDFW suspend or revoke the Permits pursuant to Sections 19.0 and 21.0 of the IA, PSE will remain obligated to fulfill its mitigation, enforcement, management, and monitoring obligations, and its other HCP/NCCP obligations, in accordance with this Agreement and applicable statutory and regulatory requirements for all impacts resulting from implementation of the Project prior to the suspension or revocation.

7.4 Interim Obligations upon a Finding of Unforeseen Circumstances If the Wildlife Agencies make a finding of Unforeseen Circumstances with regard to a Federal Listed Covered Species, during the period necessary to determine the nature and location of additional or modified mitigation, PSE will avoid contributing to an appreciable reduction in the likelihood of the survival and recovery of the affected species. As described in Section 15.2.2 and Section 15.3.2 of the IA, the Wildlife Agencies shall be responsible for implementing such additional measures or modifications, unless PSE consents to do so.

7.5 Obligations In The Event Of Changed Circumstances Changed Circumstances, as described in 50 Code of Federal Regulations section 17.22(b)(5)(i), are adequately addressed in Chapter 7 and Chapter 10 of the HCP/NCCP, and PSE shall implement any measures for such circumstances as called for in the HCP/NCCP, as described in Section 12.2 of the IA.

7.6 Obligation to Compensate Conservancy for Administrative Costs PSE shall compensate the Conservancy for its direct costs associated with this Agreement, including but not limited to, staff, consultant and legal costs incurred as a result of the review of the Application, drafting and negotiating this Agreement, monitoring and enforcement of this Agreement, and meetings and communications with PSE (collectively, Conservancy’s “Administrative Costs”). Conservancy’s Administrative Costs shall not

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exceed $5,000 in the aggregate. Conservancy shall provide PSE with invoices detailing its Administrative Costs monthly or quarterly, at Conservancy’s discretion. PSE shall remit payment of each invoice within thirty (30) days of receiving it.

This provision is not intended to, and shall not be construed to, limit PSE’s duty to indemnify the Conservancy as provided in Section 7.7 of this Agreement.

7.7 Indemnification PSE agrees to defend, indemnify, and hold harmless the Conservancy and its board members, officers, contractors, consultants, attorneys, employees and agents from any and all claim(s), action(s), or proceeding(s) (collectively referred to as “Proceedings”) brought against Conservancy or its board members, officers, contractors, consultants, attorneys, employees, or agents arising out of or resulting from any of the following.

Decisions or actions of the Conservancy related to the Project, this PSE Agreement, or compliance with the California Environmental Quality Act of 1970, as amended (“CEQA”) with regard to the Project; and

The negligence, recklessness, or intentional misconduct of any representative, employee, or agent of PSE.

Notwithstanding the above, (i) PSE shall have no duty to defend, indemnify, or hold harmless the Conservancy to the extent damages are sought in a tort claim arising out of or resulting from the individual negligence, recklessness, or intentional misconduct of any representative, employee, or agent of the Conservancy and (ii) the indemnification obligations set forth above shall in no way limit the rights and remedies of PSE with respect to any breach of the terms and conditions of this PSE Agreement by the Conservancy.

PSE’s duty to indemnify the Conservancy includes, but is not limited to, damages, fees and/or costs awarded against or incurred by Conservancy, if any, and costs of suit, claim or litigation, including without limitation attorneys’ fees and other costs, liabilities and expenses incurred in connection with any Proceedings.

7.7.1 Enforcement of Indemnification Provision PSE agrees to indemnify Conservancy for all of Conservancy’s costs, fees, and damages incurred in enforcing the indemnification provisions of this Agreement.

7.7.2 Compliance Costs PSE agrees to defend, indemnify and hold harmless Conservancy, its officers, contractors, consultants, attorneys, employees and agents from and for all costs and fees incurred in additional investigation or study of, or for supplementing, redrafting, revising, or amending, any document (such as this Agreement or any document required for purposes of compliance with CEQA) if made necessary by any Proceedings.

7.7.3 Obligations in the Event of Litigation In the event that PSE is required to defend Conservancy in connection with any Proceedings, Conservancy shall have and retain the right to approve, which approval shall not be withheld unreasonably:

the counsel to so defend Conservancy;

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all significant decisions concerning the manner in which the defense is conducted; and

any and all settlements.

Conservancy shall also have and retain the right to decline to participate in the defense, except that Conservancy agrees to reasonably cooperate with PSE in the defense of the Proceedings. If Conservancy participates in the defense, all Conservancy fees and costs shall be paid by PSE.

PSE’s defense and indemnification of Conservancy set forth herein shall remain in full force and effect throughout all stages of litigation including any and all appeals of any lower court judgments rendered in the Proceedings. 8.0 REMEDIES AND ENFORCEMENT

If PSE fails to comply with the terms of this Agreement, the IA, the HCP/NCCP, or the Permits, the Conservancy may withdraw the Certificate of Inclusion and terminate any Take authorization extended to PSE. The Conservancy shall also have all of the remedies available in equity (including specific performance and injunctive relief) and at law to enforce the terms of this Agreement, the IA, the HCP/NCCP and the Permits, and to seek redress and compensation for any breach or violation thereof. The Parties acknowledge that the Covered Species are unique and that their loss as species would be irreparable and that therefore injunctive and temporary relief may be appropriate in certain instances involving a breach of this Agreement. 9.0 FORCE MAJEURE

In the event that a Party is wholly or partially prevented from performing obligations under this Agreement because of unforeseeable causes beyond the reasonable control of and without the fault or negligence of Party (“Force Majeure”), including, but not limited to, acts of God, labor disputes, sudden actions of the elements not identified as Changed Circumstances, or actions of non-participating federal or state agencies or local jurisdictions, the Party shall be excused from whatever performance is affected by such unforeseeable cause to the extent so affected, and such failure to perform shall not be considered a material violation or breach, provided that nothing in this section shall be deemed to authorize either Party to violate FESA, CESA or NCCPA, and provided further that:

The suspension of performance is of no greater scope and no longer duration than is required by the Force Majeure;

Within seven (7) days after the occurrence of the Force Majeure, the Party invoking this section shall give the other Party written notice describing the particulars of the occurrence;

The Party shall use best efforts to remedy its inability to perform (however, this paragraph shall not require the settlement of any strike, walk-out, lock-out or other labor dispute on terms which in the sole judgment of the Party is contrary to its interest); and

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When the Party is able to resume performance of their obligations, it shall give the other Party written notice to that effect.

10.0 MISCELLANEOUS PROVISIONS

10.1 Calendar Days Throughout this Agreement and the HCP/NCCP, the use of the term “day” or “days” means calendar days, unless otherwise specified.

10.2 Notices Any notice permitted or required by this Agreement shall be in writing, and delivered personally, by overnight mail, or by United States mail, certified and postage prepaid, return receipt requested. Notices may be delivered by facsimile or electronic mail, provided they are also delivered by one of the means listed above. Delivery shall be to the name and address of the individual responsible for each of the Parties, as follows:

Abigail Fateman East Contra Costa County Habitat Conservancy c/o Contra Costa County Department of Conservation and Development 30 Muir Road Martinez, CA 94553 Email: [email protected] Phone: 925-674-7820

Donald Triplett Environmental Management – Gas Transmission Pacific Gas and Electric Company 1455 East Shaw Ave Fresno, CA 93726 Email: [email protected] Phone: 559-493-8007

Notices shall be transmitted so that they are received within the specified deadlines. Notices delivered personally shall be deemed received on the date they are delivered. Notices delivered via overnight delivery shall be deemed received on the next business day after deposit with the overnight mail delivery service. Notice delivered via certified mail, return receipt requested, shall be deemed received as of the date on the return receipt or five (5) days after deposit in the United States mail, whichever is sooner. Notices delivered by facsimile or other electronic means shall be deemed received on the date they are received.

10.3 Entire Agreement This Agreement, together with the IA, the HCP/NCCP and the Permits, constitutes the entire agreement among the Parties. This Agreement supersedes any and all other agreements, either oral or in writing, between the Parties with respect to the subject matter

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hereof and contains all of the covenants and agreements among them with respect to said matters, and each Party acknowledges that no representation, inducement, promise of agreement, oral or otherwise, has been made by any other Party or anyone acting on behalf of any other Party that is not embodied herein.

10.4 Amendment This Agreement may only be amended with the written consent of both Parties.

10.5 Attorneys’ Fees If any action at law or equity, including any action for declaratory relief is brought to enforce or interpret the provisions of this Agreement, the prevailing Party shall be able to recover its attorneys’ fees and costs.

10.6 Governing Law This Agreement shall be governed by and construed in accordance with the laws of the United States and the State of California, as applicable.

10.7 Duplicate Originals This Agreement may be executed in any number of duplicate originals. A complete original of this Agreement shall be maintained in the official records of each of the Parties hereto.

10.8 Relationship to the FESA, CESA, NCCPA and Other Authorities The terms of this Agreement are consistent with and shall be governed by and construed in accordance with FESA, CESA, NCCPA and other applicable state and federal law.

10.9 No Third Party Beneficiaries Without limiting the applicability of rights granted to the public pursuant to FESA, CESA, NCCPA or other applicable law, this Agreement shall not create any right or interest in the public, or any member thereof, as a third party beneficiary thereof, nor shall it authorize anyone not a Party to this Agreement to maintain a suit for personal injuries or property damages under the provisions of this Agreement. The duties, obligations, and responsibilities of the Parties to this Agreement with respect to third party beneficiaries shall remain as imposed under existing state and federal law.

10.10 References to Regulations Any reference in this Agreement, the IA, the HCP/NCCP, or the Permits to any regulation or rule of the Wildlife Agencies shall be deemed to be a reference to such regulation or rule in existence at the time an action is taken.

10.11 Applicable Laws All activities undertaken pursuant to this Agreement, the IA, the HCP/NCCP, or the Permits must be in compliance with all applicable local, state and federal laws and regulations.

10.12 Severability In the event one or more of the provisions contained in this Agreement is held invalid, illegal or unenforceable by any court of competent jurisdiction, such portion shall be deemed severed from this Agreement and the remaining parts of this Agreement shall

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remain in full force and effect as though such invalid, illegal, or unenforceable portion had never been a part of this Agreement.

10.13 Due Authorization Each Party represents and warrants that (1) the execution and delivery of this Agreement has been duly authorized and approved by all requisite action, (2) no other authorization or approval, whether of governmental bodies or otherwise, will be necessary in order to enable it to enter into and comply with the terms of this Agreement, and (3) the person executing this Agreement on behalf of each Party has the authority to bind that Party.

10.14 No Assignment The Parties shall not assign their rights or obligations under this Agreement, the Permits, or the HCP/NCCP to any other individual or entity.

10.15 Headings Headings are using in this Agreement for convenience only and do not affect or define the Agreement’s terms and conditions.

IN WITNESS WHEREOF, THE PARTIES HERETO have executed this Agreement to be in effect as of the date last signed below.

EAST CONTRA COSTA COUNTY HABITAT CONSERVANCY By:________________________________________ DATE:__________________ ABIGAIL FATEMAN, Executive Director PACIFIC GAS AND ELECTRIC COMPANY By:________________________________________ DATE:__________________

DONALD TRIPLETT, Manager of Environmental Management – Gas Transmission

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PlanningSurveyReportForm,RevisedJuly2015

Application Form and Planning Survey Report

ToComplyWithandReceivePermitCoverageUnderTheEastContraCostaCountyHabitatConservationPlan

andNaturalCommunityConservationPlan

Please complete this application to apply for take authorization under the state and federal East Contra Costa County HCP/NCCP incidental take permits. The East Contra Costa County Habitat Conservancy (“Conservancy”) or local jurisdiction (City of Brentwood, City of Clayton, City of Oakley, City of Pittsburg, and Contra Costa County) may request more information in order to deem the application complete.

I . PROJECT OVERVIEW

PROJECT INFORMATION

PROJECT NAME: PG&E Walnut Crossover Rebuild Project

PROJECT TYPE: Residential Commercial Transportation Utility Other

PROJECT DESCRIPTION (BRIEF): PG&E proposes to increase the operational reliability of gas transmission pipelines 131 and 114, and increase the reliability and flexibility of the Bay Area Loop of gas pipelines, by rebuilding the existing undersized Walnut Crossover and installing equipment that allows inspection technologies to transfer between the two pipelines. The project will include the excavation and modification of the existing facilities at the Walnut Crossover. New above ground facilities will replace existing above ground facilities, the ground surface will be graded and graveled, and new retaining wall and fence will be installed around the rebuilt station. PROJECT ADDRESS/LOCATION: Walnut Crossover Work Area: 19 Walnut Boulevard, Byron, CA 94514. Offsite temporary workspace: 5101 Vasco Road, Byron, CA 94514. PARCEL/PROJECT SIZE (ACRES): Temporary and permanent impacts are below


Total Permanent Impact Temporary Impact Annual Grassland (Walnut Crossover Work Area)

0.10 acre 0.68 acre 0.78 acre

Annual Grassland (Sniff Hole Work Areas)

‐ 0.03 acre 0.03 acre

Ruderal (Access Road to Sniff Holes)

‐ 1.43 acre 1.43 acre

Urban (Offsite Temporary Workspace and Existing Facilities at Walnut Crossover)

0.02 acre 2.11 acres 2.13 acres


PROJECT APN(S): Walnut Crossover Work Area: 005‐110‐001, Offsite Temporary Workspace: 005‐110‐003

APPLICATION SUBMITTAL DATE: 8/8/16 FINAL PSR DATE: (City/County/Conservancy use)

LEAD PLANNER: Allison Van Dorn, East Contra Costa County Habitat Conservancy

JURISDICTION: City of Brentwood City of Clayton City of Oakley City of Pittsburg

Contra Costa County Participating Special Entity*

DEVELOPMENT FEE ZONE: Zone I Zone II Zone III Zone IV

See figure 9‐1 of the HCP/NCCP at www.cocohcp.org for a generalized development fee zone map. Detailed development fee zone maps by jurisdiction are available from the jurisdiction.

PROJECT APPLICANT INFORMATION

APPLICANT’S NAME: Erica Jones – PG&E Land Planner

AUTHORIZED AGENT’S NAME AND TITLE:

*Participating Special Entities are organizations not subject to the authority of a local jurisdiction. Such organizations may include schooldistricts, irrigation districts, transportation agencies, local park districts, geological hazard abatement districts, or other utilities or special districts that own land or provide public services.

EXHIBIT 1 Agenda Item 4a


PHONE NO.: 925‐389‐3778 APPLICANT’S E‐MAIL: [email protected]

MAILING ADDRESS: 6111 Bollinger Canyon Road, 3rd Floor, San Ramon, CA 94583

BIOLOGIST INFORMATION1

BIOLOGICAL/ENVIRONMENTAL FIRM: SWAIM

CONTACT NAME AND TITLE: Sarah Willbrand, Natasha Dvorak, and Sam Young ‐ Swaim Biological. However please direct questions to Haley Burgardt at PG&E

PHONE NO.: Haley Burgardt: (925) 752‐2199 CONTACT’S E‐MAIL: [email protected]

MAILING ADDRESS: Haley Burgardt: 6111 Bollinger Canyon Road, 3rd Floor, #3310H San Ramon, CA 94583

1 A USFWS/CDFW‐approved biologist (project‐specific) is required to conduct the surveys. Please submit biologist(s) approval request to the Conservancy.

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II. PROJECT DETAILS Pleasecompleteand/orprovidethefollowingattachments:

1) ProjectDescriptionAttachasAttachmentA:ProjectDescription.Provideadetailedwrittendescriptionthatconciselyandcompletelydescribestheprojectandlocation.Includethefollowinginformation:

Allactivitiesproposedforthesiteorproject,includingroadsutilized,constructionstagingareas,andtheinstallationofundergroundfacilities,toensuretheentireprojectiscoveredbytheHCP/NCCPpermit

Proposedconstructiondates,includingdetailsonconstructionphases,ifapplicable ReferenceaCity/Countyapplicationnumberfortheproject,ifapplicable GeneralBestManagementPractices,ifapplicable Iftheprojectwillhavetemporaryimpacts,pleaseprovidearestorationplandescribinghowthesite

willberestoredtopre‐projectconditions,includingrevegetationseedmixesorplantingsandtiming

2) ProjectVicinityMapProvideaprojectvicinitymap.AttachasFigure1inAttachmentB:Figures.

3) ProjectSitePlansProvideanyprojectsiteplansfortheproject.AttachasFigure2inAttachmentB:Figures.

4) CEQADocument

IndicatethestatusofCEQAdocumentspreparedfortheproject.Provideadditionalcommentsbelowtableifnecessary.

Type of Document Status Date Completed

Initial Study Notice of Preparation Draft EIR Final EIR Notice of Categorical Exemption Conservancy lead agency; preparing NOD to

be filed after project approval TBD

Notice of Statutory Exemption Other (describe) See below Not applicable

The East Contra Costa County HCP/NCCP incidental take permit is the only discretionary permit being issued for the PG&E Walnut Crossover Rebuild Project. As this work involves maintenance activities on an existing gas pipeline, it is CEQA exempt under a Class 1 Categorical Exemption under CEQA (see CEQA guidelines Section 15301 et seq., paragraph (b)).

III. EXISTING CONDITIONS AND IMPACTS

Pleasecompleteand/orprovidethefollowingattachments:

1) Field‐VerifiedLandCoverMap2Attachafield‐verifiedlandcovermapinAttachmentB:FiguresandlabelasFigure3.Themapshouldcontainalllandcovertypespresenton‐siteoverlaidonaerial/satelliteimagery.MapcolorsforthelandcovertypesshouldconformtotheHCP/NCCP(seeFigure3‐3:LandcoverintheInventoryAreaforlandcovertypelegend).

2) PhotographsoftheProjectSiteAttachrepresentativephotosoftheprojectsiteinAttachmentB:FiguresandlabelasFigure4.Pleaseprovidecaptionsforeachphoto.

2 For PSEs and city or county public works projects, please also identify permanent and temporary impact areas by overlaying crosshatching (permanent impacts) and hatching (temporary impacts) on the land cover map.

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3) LandCoverTypesandImpactsandSupplementalTables Forallterrestriallandcovertypespleaseprovidecalculationstothenearesthundredthofanacre(0.01).

Foraquaticlandcovertypespleaseprovidecalculationstothenearestthousandthofanacre(0.001). PermanentImpactsarebroadlydefinedintheECCCHCP/NCCPtoincludeallareasremovedfromanundeveloped

orhabitat‐providingstateandincludeslandinthesameparcelorprojectthatisnotdeveloped,graded,physicallyaltered,ordirectlyaffectedinanywaybutisisolatedfromnaturalareasbythecoveredactivity.UnlesssuchundevelopedlandisdedicatedtothePreserveSystemorisadeed‐restrictedcreeksetback,thedevelopmentmitigationfeewillapply(ifproposed,wouldrequireConservancyapproval).

TemporaryImpactsarebroadlydefinedintheECCCHCP/NCCPasanyimpactonvegetationorhabitatthatdoesnotresultinpermanenthabitatremoval(i.e.vegetationcaneventuallyrecover).

Ifwetland(riparianwoodland/scrub,wetland,oraquatic)landcovertypesarepresentontheparcelbutwillnotbeimpactedpleasediscussinthefollowingsection4)JurisdictionalWetlandsandWaters.Wetlandimpactfeeswillonlybechargedifwetlandfeaturesareimpacted.However,developmentfeeswillapplytotheentireparcel.

Streamlandcovertypeisconsideredalinearfeaturewhereimpactsarecalculatedbasedonlengthimpacted.Theacreagewithinastream,belowTopofBank(TOB),mustbeassignedtotheadjacentlandcovertype(s).InsertareaofimpacttostreambelowTOBinparenthesesaftertheLandCoveracreagenumber(e.g.,RiparianWoodland/Scrub:10(0.036)–where10isthetotalimpactedacreageincluding0.036acre,whichistheacreagewithinstreamTOB).CompletefollowingsupplementalStreamFeatureDetailtabletoprovideinformationforlinearfeet.

TotalImpactsacreageshouldbethetotalparcelacreage(developmentproject)orprojectfootprintacreage(ruralinfrastructureorutilityproject).

Table 1: Land Cover Types and Impacts

Land Cover Type Permanent Impacts

Temporary Impacts

Stream Setback Preserve System

Dedication

Grassland

Annual Grassland 0.10 ac 0.68 ac (main)

0.03 (sniff hole)

Alkali Grassland

Ruderal

1.43 ac (existing access

road to sniff holes)

Shrubland Chaparral and Scrub Woodland

Oak Savannah Oak Woodland Riparian Riparian Woodland/Scrub Wetland Permanent Wetland Seasonal Wetland Alkali Wetland Aquatic Aquatic (Reservoir/Open Water) Slough/Channel Pond Stream (in linear feet) ‐ ‐ ‐ ‐ Irrigated Agriculture Pasture Cropland Orchard Vineyard Other Nonnative woodland Wind turbines Developed (not counted toward Fees) Urban 0.02 ac 2.11 ac

Proposed for HCP/NCCP Dedication on the Parcel

(Requires Conservancy Approval)

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Aqueduct Turf Landfill

TOTAL IMPACTS 0.12 4.25

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Identifyanyuncommonvegetationanduncommonlandscapefeatures3:Supplemental to Table 1: Uncommon Vegetation and Landscape Features

Pleaseprovidedetailsofimpactstostreamfeatures: Stream Name:

Watershed:

Supplemental to Table 1: Stream Feature Detail5

3 These acreages are for Conservancy tracking purposes. Impacts to these uncommon vegetation and landscape features should be accounted for within the land cover types in Table 1 (e.g., x acres of purple needlegrass in this supplemental table should be accounted for within annual grassland in Table 1). 4 Insert amount/number, not acreage. Provide additional information on these features in Attachment A: Project Description. 5 Use more than 1 row as necessary to describe impacts to streams on site. 6 See glossary (Appendix A) for definition of stream type and order. 7 Stream length is measured along stream centerline, based on length of impact to any part of the stream channel, TOB to TOB.

Permanent Impacts

Temporary Impacts

Uncommon Grassland Alliances Purple Needlegrass Grassland Blue Wildrye Grassland Creeping Ryegrass Grassland Wildflower Fields Squirreltail Grassland One‐sided Bluegrass Grassland Serpentine Bunchgrass Grassland Saltgrass Grassland Alkali Sacaton Bunchgrass Grassland

Other Uncommon Landscape Features

Rock Outcrops Caves Springs and seeps Scalds Sand Deposits

Mines4 Buildings (bat roosts)3 Potential nest sites (trees or cliffs)3

Stream Width Stream Type6 Permanent Impacts

(linear feet)7 Temporary Impacts

(linear feet)7

≤ 25 feet wide > 25 feet wide

Perennial Intermittent Ephemeral, 3rd or higher order Ephemeral, 1st or 2nd order





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4) SummaryofLandCoverTypesPleaseprovideawrittensummaryofdescriptionsforlandcovertypesfoundonsiteincludingcharacteristicvegetation.Annual grassland and previously disturbed (graveled) areas are the only land cover types that will be disturbed by the project. The Walnut Crossover work area and the offsite temporary workspace are within the Los Vaqueros Watershed, which is managed by the Contra Costa Water District. The Walnut Crossover work area is dominated by non‐native plants. These include ripgut brome (Bromus diandrus), Italian ryegrass (Festuca perennis), foxtail barley (Hordeum murinum), wild radish (Raphanus sativus), and redstem filaree (Erodium cicutarium).

There is an existing dirt access road that the Contra Costa Water District maintains that per discussions with the HCP should be classified as ruderal grassland that will be used to access two sniff hole locations to the north of the main Walnut Crossover work area. This existing maintained access road will be used approximately four times throughout the project, and all vehicles and equipment will remain on the existing dirt road at all times.

The offsite temporary workspace is currently graveled.

Oak woodland, riparian, and aquatic landcover are found within 500 feet of the Walnut Crossover Work location. Oak woodland is located approximately 50 feet to the northwest of this work location and runs northwest along the hills. Riparian landcover associated with Kellogg Creek is located on the opposite side of Walnut Boulevard from the work location. There is also a small pond that is immediately adjacent to Kellogg Creek that is approximately 450 feet to the southeast of the work location on the opposite side of Walnut Boulevard from the work location.

Please see Figure 3 for the field verified land cover types at the Walnut Crossover work area and the offsite temporary workspace.

5) JurisdictionalWetlandsandWatersIfwetlandsandwatersarepresentontheprojectsite,projectproponentsmustconductadelineationofjurisdictionalwetlandsandwaters.Jurisdictionalwetlandsandwatersaredefinedonpages1‐18and1‐19oftheECCCHCP/NCCPasthefollowinglandcovertypes:permanentwetland,seasonalwetland,alkaliwetland,aquatic,pond,slough/channel,andstream.Itshouldbenotedthatthesefeaturesdifferforfederalandstatejurisdictions.IfyouhaveidentifiedanyoftheselandcovertypesinTable1,completethesectionbelow.a) AttachthewetlanddelineationreportasAttachmentE:WetlandDelineation.Ifawetlanddelineation

hasnotbeencompleted,pleaseexplainbelowinsection4c.b) Pleasecheckthefollowingpermitstheprojectmayrequire.Pleasesubmitcopiesofthesepermits

totheConservancypriortothestartofconstruction:

CWASection404Permit8 CWASection401WaterQualityCertification

WasteDischargeRequirements LakeandStreambedAlterationAgreementc) Provideanyadditionalinformationonimpactstojurisdictionalwetlandandwatersbelow,

includingstatusofthepermit(s):Work activities at the Walnut Crossover work area will not impact the adjacent seasonal drainage. Appropriate Best Management Practices (BMPs) as described in Attachment A: Project Description, will be installed upland of this drainage to protect it from impacts. No jurisdictional wetlands or waters will be impacted by project activities.

A 25‐foot buffer has been provided from the adjacent seasonal drainage where possible. The existing access road to the station is within 25 feet and the existing station equipment being replaced is within 25 feet. No riparian vegetation will be impacted at these locations. Silt fence will be installed for the SWPPP and to prevent discharge of sediment into the creek. The bed and bank of the seasonal drainage will not be impacted or disturbed by construction activities. Equipment fueling will occur at the offsite location.

8 The USACE Sacramento District issued a Regional General Permit 1 (RGP) related to ECCC HCP/NCCP covered activities. The RGP is designed to streamline wetland permitting in the entire ECCC HCP/NCCP Plan Area by coordinating the avoidance, minimization, and mitigation measures in the Plan with the Corps’ wetland permitting requirement. Applicants seeking authorization under this RGP shall notify the Corps in accordance with RGP general condition number 18 (Notification).

Agenda Item 4a


6) Species‐SpecificPlanningSurveyRequirementsBasedonthelandcovertypesfoundon‐siteandidentifiedinTable1,checktheapplicableboxesinTable2a. Table 2a. Species –Specific Planning Survey Requirements

Land Cover Type in Project Area

Required Survey Species Habitat Element in Project Area Planning Survey Requirement9 Info in HCP

Grasslands, oak savannah, agriculture, or ruderal

San Joaquin kit fox Assumed if within modeled range of species

If within modeled range of species, identify and map potential breeding or denning habitat within the project site and a 250‐ft radius around the project footprint.

pp. 6‐37 to 6‐38

Western burrowing owl

Assumed Identify and map potential breeding habitat within the project site and a 500‐ft radius around the project footprint. Please note the HCP requires buffers for occupied burrows. Surveys may need to encompass an area larger than the project footprint.

pp. 6‐39 to 6‐41

Aquatic (ponds, wetlands, streams, sloughs, channels, and marshes)

Giant garter snake Aquatic habitat accessible from the San Joaquin River

Identify and map potential habitat. pp. 6‐43 to 6‐45

California tiger salamander

Ponds and wetlandsVernal pools Reservoirs Small lakes

Identify and map potential breeding habitat. Document habitat quality and features. Provide the Conservancy with photo‐documentation and report.

pp. 6‐45

California red‐legged frog

Slow‐moving streams, ponds and wetlands

Identify and map potential breeding habitat. Document habitat quality and features. Provide the Conservancy with photo‐documentation and report.

p. 6‐46

Covered shrimp Seasonal wetlandsVernal pools Sandstone rock outcrops Sandstone depressions

Identify and map potential habitat.Please note the HCP requires a 50 foot non‐disturbance buffer from seasonal wetlands that may be occupied by covered shrimp. Surveys may need to encompass an area larger than the project footprint.

pp. 6‐46 to 6‐48

Any Townsend’s big‐eared bat

Rock formations with cavesMines Abandoned buildings outside urban area

Map and document potential breeding or roosting habitat.

pp. 6‐36 to 6‐37

Swainson’s hawk Potential nest sites within 1,000 feet of project

Inspect large trees for presence of nest sites. Document and map.

pp. 6‐41 to 6‐43

Golden Eagle Potential nest sites with ½ mile of project

Inspect large trees for presence of nest sites. Document and map.

pp. 6‐38 to 6‐39

Surveys for all covered species must be conducted by a qualified biologist (USFWS/CDFW project‐specific approved). Please submit biologist approval request to the East Contra Costa County Habitat Conservancy. Surveys for all covered species must be conducted according to the respective USFWS or CDFW survey protocols, as identified in Chapter 6.4.3 in the HCP/NCCP.

7) PlanningSurveySpeciesHabitatMapsProvidePlanningSurveySpeciesHabitatMapsasrequiredinTable2a,attachasFigure5inAttachmentB:Figures.

9 The planning survey requirements in this table are not comprehensive. Please refer to Chapter 6.4.3 in the ECCC HCP/NCCP for more detail.

Agenda Item 4a


8) ResultsofSpeciesSpecificSurveysProvideawrittensummarydescribingtheresultsoftheplanningsurveys.Pleasediscussthelocation,quantity,andqualityofsuitablehabitatforspecifiedcoveredwildlifespeciesontheprojectsite.

Below is a summary describing the results of the planning surveys for all species in Table 2a that have required surveys.

San Joaquin Kit Fox (Vulpes macrotis mutica):

Walnut Crossover Work Area: The work area is located within the modeled suitable core habitat of San Joaquin kit fox. However, no burrows of suitable size to accommodate San Joaquin kit fox (greater than five inches in diameter for a minimum of one foot underground) were observed within 500 feet.

Offsite Temporary Workspace: The offsite temporary workspace is located within the modeled suitable core habitat of San Joaquin kit fox. However, indications of use by San Joaquin kit fox—including large keyhole‐shaped burrows, tracks, scat, prey remains, or fur—were not observed during the planning surveys. No burrows of suitable size were observed within 500 feet of the offsite temporary workspace.

Western Burrowing Owl (Athene cunicularia):

Walnut Crossover Work Area: The work area is located within the modeled suitable habitat of burrowing owl. However, no burrows of suitable size to support the species (four inches or greater in diameter) were observed within 500 feet.

Offsite Temporary Workspace: The offsite temporary workspace is located within the modeled suitable habitat of the species. A number of California ground squirrel (Otospermophilus beecheyi) burrows are present in the annual grassland fields around this area. Several burrows of suitable size for burrowing owls were observed within 500 feet of this area. However, vegetation around most of these burrows is tall and no signs of use by owls—such as whitewash, prey remains, pellets, or feathers—were observed.

California Tiger Salamander (Ambystoma californiense):

Walnut Crossover Work Area: Suitable California tiger salamander (CTS) breeding habitat is absent from the work area, however, multiple ponds suitable for CTS breeding are present along Los Vaqueros Road/Walnut Boulevard in close proximity to the work area. The CNDDB contains records of CTS both from in the ponds and along the road which are mapped broadly along Kellogg Creek from Los Vaqueros Dam to the junction of Walnut Blvd. and Camino Diablo. The breeding pond nearest to the work area is less than 400 feet to the south, and is located on the opposite side of Walnut Boulevard. The work area contains a very small number of burrows constructed by pocket gophers (Thomomys bottae) that could provide upland retreats for CTS, although use of California ground squirrel burrows is more common in this part of the species’ range. CTS may occasionally pass through the work area as they migrate between upland habitat and breeding ponds.

Offsite Temporary Workspace: The offsite temporary workspace is located near recorded observations of CTS along the Kellogg Creek corridor, but this area is graveled and does not contain burrows suitable for use as retreats by CTS. The nearest likely breeding habitat to the offsite temporary workspace is a pond located about 1,000 feet to the west of the graveled lot. The California ground squirrel burrows present in the grassland fields near this area could provide refugia for CTS migrating through the area.

California Red‐Legged Frog (Rana draytonii):

Walnut Crossover Work Area: Suitable California red‐legged frog (CRLF) breeding habitat is absent from the work area, however, multiple ponds suitable for CRLF breeding are present along Los Vaqueros Road/Walnut Boulevard in close proximity to the work area. Kellogg Creek also provides non‐breeding aquatic habitat and summer habitat for CRLF near this work location. A pond located less than 400 feet south of the work area contains California Natural Diversity Data Base (CNDDB) records of CRLF breeding, as do several other ponds just below Los Vaqueros Dam. The work area contains dispersal habitat only for CRLF.

Agenda Item 4a


Offsite Temporary Workspace: The offsite temporary workspace is located near recorded observations of CRLF along the Kellogg Creek corridor, but this area is graveled and does not contains aquatic habitat or cover that could be used by CRLF. This area contains dispersal habitat only for CRLF.

Golden Eagle (Aquila chrysaetos):

Walnut Crossover Work Area: Based on information obtained on March 18 and April 26, 2016 from the Contra Costa Water District staff at Los Vaqueros, one active golden eagle nest is located approximately 0.35 mile west of the work area. Another active golden eagle nest is located approximately 0.82 mile south of the work area. No further golden eagle nest surveys were conducted.

Offsite Temporary Workspace: The offsite temporary workspace is located outside the ½‐mile buffer.

Swainson’s Hawk (Buteo swainsonii):

Walnut Crossover Work Area: The work area is not located within the modeled habitat range for the species. According to John Howard, Assistant Watershed Resources Specialist for the Contra Costa Water District during a conversation on March 18, 2016, the raptor biologist contracted to conduct nest surveys at Los Vaqueros has not found any Swainson’s hawk nests within at least one mile of the work area. The nearest suitable Swainson’s hawk nesting habitat is within the riparian corridor of Kellogg Creek, which is located within approximately 100 feet south of the work area. On March 18, 2016 Swaim Biological biologists conducted surveys for Swainson’s hawk nests within 1,000 feet of the work area and no nests for this species or individuals were observed.

Offsite Temporary Workspace: The offsite temporary workspace is not located within the modeled habitat range for the species. The nearest suitable Swainson’s hawk nesting habitat is located within the riparian corridor of Kellogg Creek, which is located within approximately 200 feet south of this area. On March 18, 2016 Swaim Biological biologists conducted surveys for Swainson’s hawk nests within 1,000 feet of this area and no nests for this species or individuals were observed.

9) CoveredandNo‐TakePlantsPleasechecktheapplicableboxesinTable2bbasedonthelandcovertypesfoundintheprojectarea.Ifsuitablelandcovertypesarepresentonsite,surveysmustbeconductedusingapprovedCDFW/USFWSmethodsduringtheappropriateseasonforidentificationofcoveredandno‐takespecies(seepage6‐9oftheECCCHCP/NCCP).Referencepopulationsofcoveredandno‐takeplantsshouldbevisited,wherepossible,priortoconductingsurveystoconfirmthattheplantspeciesisvisibleanddetectableatthetimesurveysareconducted.Inordertocompleteallthenecessarycoveredandno‐takeplantsurveys,spring,summer,andfallsurveysmayberequired.

Agenda Item 4a


Table 2b. Covered and No‐Take Plant Species

Plant Species

Covered (C) or No‐Take (N)

Associated Land Cover Type

Typical Habitat or Physical Conditions, if Known

Typical Blooming Period

Suitable Land Cover Type Present

Adobe navarretia (Navarretia nigelliformis ssp. radians) a

C Annual Grassland Generally found on clay barrens in Annual Grassland b

Apr–Jun Yes No

Alkali milkvetch (Astragalus tener ssp. tener)

N Alkali grassland Alkali wetland Annual grassland Seasonal wetland

Generally found in vernally moist habitat in soils with a slight to strongly elevated pH

Mar–Jun Yes No

Big tarplant (Blepharizonia plumosa)

C Annual grassland Elevation below 1500 feet d most often on Altamont Series or Complex soils

Jul–Oct Yes No

Brewer’s dwarf flax (Hesperolinon breweri)

C Annual grassland Chaparral and scrubOak savanna Oak woodland

Generally, restricted to grassland areas within a 500+ buffer from oak woodland and/or chaparral/scrub d

May–Jul Yes No

Brittlescale (Atriplex depressa)

C Alkali grassland Alkali wetland

Restricted to soils of the Pescadero or Solano soil series; generally found in southeastern region of plan area d

May–Oct Yes No

Caper‐fruited tropidocarpum (Tropidocarpum capparideum)

N Alkali grassland Mar–Apr Yes No

Contra Costa goldfields (Lasthenia conjugens)

N Alkali grassland Alkali wetland Annual grassland Seasonal wetland

Generally found in vernal pools Mar–Jun Yes No

Diablo Helianthella (Helianthella castanea)

C Chaparral and scrubOak savanna Oak woodland

Elevations generally above 650 feet d Mar–Jun Yes No

Diamond‐petaled poppy (Eschscholzia rhombipetala)

N Annual grassland Mar–Apr Yes No

Large‐flowered fiddleneck (Amsinckia grandiflora)

N Annual grassland Generally on clay soil Apr–May Yes No

Mount Diablo buckwheat (Eriogonum truncatum)

N Annual grassland Chaparral and scrub

Ecotone of grassland and chaparral/scrub Apr–Sep Yes No

Mount Diablo fairy‐lantern (Calochortus pulchellus)

C Annual grassland Chaparral and scrubOak savanna Oak woodland

Elevations generally between 650 and 2,600d

Apr–Jun Yes No

Mount Diablo Manzanita (Arctostaphylos auriculata)

C Chaparral and scrub Elevations generally between 700 and 1,860 feet; restricted to the eastern and northern flanks of Mt. Diablo d and the vicinity of Black Diamond Mines

Jan–Mar Yes No

Recurved larkspur (Delphinium recurvatum)


Mar–Jun Yes No

Round‐leaved filaree (California macrophylla) c

C Annual grassland

Mar–May Yes No

San Joaquin spearscale (Extriplex joaquiniana) e


Apr–Oct Yes No

Showy madia (Madia radiata)

C Annual grassland Oak savanna Oak woodland

Primarily occupies open grassland or grassland on edge of oak woodland

Mar–May Yes No

a The species Navarretia nigelliformis subsp. nigelliformis is no longer considered to occur within Contra Costa County based on specimen annotations at the UC and Jepson Herbaria at the University of California Berkeley as well as the opinions of experts in the genus. This taxon is now recognized as Navarretia nigelliformis subsp. radians. Any subspecies of Navarretia nigelliformis encountered as a part of botanical surveys in support of a PSR should be considered as covered under this HCP/NCCP. b Habitat for the Navarretia nigelliformis subspecies that occurs within the inventory are is inaccurately described in the HCP/NCCP as vernal pools. The entity within the Inventory generally occupies clay barrens within Annual Grassland habitat, which is an upland habitat type. c From California Native Plant Society. 2007. Inventory of Rare and Endangered Plants (online edition, v7‐07d). Sacramento, CA. Species may be identifiable outside of the typical blooming period; a professional botanist shall determine if a covered or no take plant occurs on the project site. Reference population of covered and no‐take plants should be visited, where possible, prior to conducting surveys to confirm that the plant is visible and detectable at the time surveys are conducted. d See Species Profiles in Appendix D of the Final HCP/NCCP. Reference populations of covered and no‐take plants should be visited, where possible, prior to conducting surveys to confirm that the plant species is visible and detectable at the time surveys are conducted. e In the recent update to the Jepson eflora (JFP 2013) Atriplex joaquinana has been circumscribed and segregated into a new genus called Extriplex based on the work of Elizabeth Zacharias and Bruce Baldwin (2010). The etymology of the genus Extriplex means, “beyond or outside Atriplex”.

Agenda Item 4a


10) ResultsofCoveredandNo‐TakePlantSpecies ProvideawrittensummarydescribingtheresultsoftheplanningsurveysconductedasrequiredinTable2b.Describethemethodsusedtosurveythesiteforallcoveredandno‐takeplants,includingthedatesandtimesofallsurveysconducted(seeTables3‐8and6‐5oftheECCCHCP/NCCPforcoveredandno‐takeplants),includingreferencepopulationsvisitedpriortoconductingsurveys.

Ifanycoveredorno‐takeplantspecieswerefound,includethefollowinginformationintheresultssummary:

Descriptionandnumberofoccurrencesandtheirroughpopulationsize. Descriptionofthe“health”ofeachoccurrence,asdefinedonpages5‐49and5‐50oftheHCP/NCCP. Amapofalltheoccurrences. Justificationofsurveyingtimewindow,ifoutsideoftheplant’sbloomingperiod. TheCNDDBform(s)submittedtoCDFW(ifthisisanewoccurrence). Adescriptionoftheanticipatedimpactsthatthecoveredactivitywillhaveontheoccurrenceandhow

theprojectwillavoidimpactstoallcoveredandno‐takeplantspecies.Ifimpactstocoveredplantspeciescannotbeavoidedandplantswillberemovedbycoveredactivity,theConservancymustbenotifiedandhastheoptiontosalvagethecoveredplants.Allprojectsmustdemonstrateavoidanceofallsixno‐takeplants(seetable6‐5oftheHCP/NCCP).

Rare plant surveys were conducted in 2015, early 2016, and are scheduled again for later in 2016 following the protocols described in the following botanical survey guideline publications to the degree possible: California Department of Fish and Wildlife (formerly California Department of Fish and Game; 2009), the U.S. Fish and Wildlife Service (USFWS; 1996), and the California Native Plant Society (CNPS; 2001). In 2015 the surveys included the main Walnut Crossover work area, the access route to the two northernmost sniff hole locations, and a portion of the northernmost sniff hole work/staging areas. During early 2016 the surveys included the main Walnut Crossover work area and the offsite temporary workspace. See Figure 6, which shows the areas that were surveyed in 2015 and 2016.

Prior to the rare plant surveys, research was conducted to select special‐status plant species with potential to be found within the study areas. Sources consulted included CNDDB and the plant list in the ECCC HCP/NCCP Planning Survey Report, Table 2a, for projects occurring in annual grassland settings (Jones & Stokes 2007). This list was further refined by comparing geographic range and habitat preferences for each species with the geographic location and habitat types found within the study area. Two special‐status plant species were identified to have the potential to occur in the study area: big tarplant (Blepharizonia plumosa) and round‐leaved filaree (California macrophylla).

Showy madia (Madia radiata) and diamond‐petaled California poppy (Eschscholzia rhombipetala) were not included in the March 2016 survey because the soil types and/or habitat types they require do not occur at any of the work area locations surveyed. Additionally, these two species are extremely rare/nearly extinct and only occur in a few known locations and are not known to occur in the Los Vaqueros Watershed. Prior to conducting fieldwork, the surveyors met with biologists from the Contra Costa Water District and discussed the locations in the watershed where various rare plant species populations are known to occur. To their knowledge, showy madia and diamond‐petaled California poppy were not present.

The blooming period of many plant species in 2015, and potentially 2016 were affected by the ongoing drought. The Brentwood area was experiencing a D3‐D4 drought intensity category in both years —extreme drought conditions during the time of the surveys (National Drought Mitigation Center 2015). These conditions appear to have shifted and reduced the length of the growing season. As the 2015 surveys may have been affected by the ongoing drought, follow up surveys were scheduled for 2016 to re‐survey the Walnut Crossover work area for rare plants. The Offsite Temporary Workspace is completely within a graveled parking lot that has no potential for rare plants. The table below identified the timing of each rare plant survey conducted in 2015 and 2016 to date.

Agenda Item 4a


Survey Timeframe Surveyed Plants

March 16, 2015 round‐leaved filareeApril 17 and 21, 2015 round‐leaved filareeJune 2 and 3, 2015 big tarplantMarch 18, 2016 round‐leaved filaree

Based on the blooming periods of the rare plants with potential to occur at the projects work locations, three rounds of surveys were deemed appropriate: one in March for the early season bloomers, one in April/May, and another in June for the later season bloomer. Reference site visits were conducted to determine the actual blooming condition of potentially occurring special‐status plants at the time when the survey was conducted. The survey dates were timed to include the recorded blooming periods for each of the species with potential to occur in the survey areas. The March and April 2015, and March 2016 surveys were conducted within the recorded blooming periods for round‐leaved filaree. The June 2015 survey was timed to coincide with the blooming period of big tarplant. Although this species is listed as having a blooming period from July through October, many other plant species began (and finished) blooming up to two months early in 2015 due to the timing of the rains and the extreme drought conditions of that year. Therefore, it was inferred that the same would be true for big tarplant. If the species was not yet blooming during the June 2015 survey, the vegetative structure of the plant would be identifiable at that time.

Natasha Dvorak and Sarah Willbrand from Swaim Biological were approved by the ECCC HCP/NCCP in 2015 to conduct rare plant surveys for PG&E hydrotest T‐1047. T‐1047 Location B encompasses the same footprint as the Walnut Crossover work area. The 2015 rare plant surveys were conducted on March 16, April 17 and 21, and June 2 and 3 at the Walnut Crossover work area. Sarah Willbrand and Sam Young from Swaim Biological were approved by the ECCC HCP/NCCP in 2016 to conduct rare plant surveys for the PG&E Walnut Crossover Rebuild Project. The 2016 rare plant survey was conducted on March 18 at the Walnut Crossover work area and offsite temporary workspace. All rare plant surveys conducted in 2015 and 2016 included an approximately 15‐foot buffer around each location. The surveyors walked parallel transects spaced approximately 15 feet apart and the surveys were floristic in nature, with all live plants identified to the lowest taxonomic level possible.

Reference populations for round‐leaved filaree and big tarplant were visited on April 17 and June 2, 2015, and March 18, 2016 at the Black Diamond Mines Regional Preserve, however neither species were observed. This same site was visited in April of 2014 by Ms. Willbrand and round‐leaved filaree was observed, however none were observed in 2015. Other attempts were made to visit reference populations of the remaining species, but due to their location on private land, the biologists were unsuccessful. In 2015, Ms. Willbrand contacted CNPS Botanists Heath Bartosh and Dianne Lake and they indicated that round‐leaved filaree was in full bloom in March and would likely have senesced by the time of the mid‐April survey. The blooming period for these species would have coincided with the March rare plant surveys. Photos of the target species were examined using the Consortium of California Herbaria Database (CCH 2016), Calflora (2016), CalPhotos (2016), and CNPS Rare and Endangered Plant Inventory (CNPS 2016).

No special‐status plants, or plants that were potentially special‐status were identified during the rare plant surveys in 2015 and during the initial survey period in March 2016. All plants were identified to the lowest taxonomic level necessary to determine rarity and listing status. The degraded habitat and dominance of non‐native vegetation at the Walnut Crossover work area makes it unlikely that any special‐status plant species could be present. No impacts to special‐status plant species are expected as a result of this project.

After the first round of rare plant surveys was conducted in March 2016, PG&E was informed by a Los Vaqueros Watershed biologist that there is an active golden eagle nest less than a half mile to the west of the Walnut Crossover work area. Due to this, watershed personnel will not permit any further rare plant surveys of the Walnut Crossover work area while the nest remains active. PG&E will continue to check with the watershed biologist on the status of the nest and disturbance buffer,

Agenda Item 4a


but there is a possibility that the additional rare plant surveys scheduled for May and June/July 2016 cannot be conducted due to access restrictions while this nest is active.

In addition to the drought conditions of 2015 and 2016 discussed above, the Walnut Crossover work area was recently grazed by sheep prior to the 2016 surveys, making many of the plants difficult to identify. Grazing may also hinder the ability of plants to recover following the drought, thereby reducing the likelihood of them being detected during the survey.

References

Calflora. 2016. Calflora: Information on California plants for education, research and conservation. Retrieved from http://www.calflora.org/.

California Department of Fish and Wildlife. 2009. Protocols for surveying and evaluating impacts to special status native plant populations and natural communities. Wildlife and Habitat Data Analysis Branch.

California Native Plant Society (CNPS). 2001. CNPS Botanical Survey Guidelines.

California Native Plant Society (CNPS), Rare Plant Program. 2016. Inventory of Rare and Endangered Plants (online edition, v8‐02). Sacramento, CA. Retrieved March 2015 and March 2016, from http://www.rareplants.cnps.org

CalPhotos. 2016. BSCIT, University of California, Berkeley. Retrieved March 2015 and March 2016, from http://calphotos.berkeley.edu/.

Consortium of California Herbaria (CCH). 2016. Consortium database: Data provided by the participants of the Consortium of California Herbaria. Retrieved March 2015 and March 2016, from www.ucjeps.berkeley.edu/consortium/.

Jones & Stokes. 2007. Final East Contra Costa County Habitat Conservation Plan and Natural Community Conservation Plan. Retrieved March 2015, from http://www.co.contra‐costa.ca.us/depart/cd/water/hcp/archive/final‐hcp‐rev/final_hcp_nccp.html

National Drought Mitigation Center. 2016. U.S. Drought Monitor ‐ West. Retrieved March 2015 and March 2016, from http://droughtmonitor.unl.edu/Home/RegionalDroughtMonitor.aspx?west

U.S. Fish and Wildlife Service (USFWS). 1996. Guidelines for Conducting and Reporting Botanical Inventories for Federally Listed, Proposed, and Candidate Plants. Retrieved from http://www.fws.gov/sacramento/es/documents/listed_plant_survey_guidelines.pdf

Agenda Item 4a


IV. SPECIES‐SPECIFIC AVOIDANCE AND MINIMIZATION REQUIREMENTS

Pleasecompleteand/orprovidethefollowingattachments:

1) Species‐SpecificAvoidanceandMinimizationforSelectedCoveredWildlifeCompletethefollowingtableandchecktheapplicableboxforcoveredspeciesdeterminedbytheplanningsurveys.Table 3. Summary of Applicable Preconstruction Surveys, Avoidance and Minimization, and Construction Monitoring Requirements10

Species Preconstruction Survey Requirements

Avoidance and Minimization Requirements

Construction Monitoring Required Info in HCP

San Joaquin kit fox

On project footprint and 250‐ft radius, map all dens (>5 in. diameter) and determine status

Provide written survey results to USFWS within 5 working days after surveying

Monitor dens Destroy unoccupied dens Discourage use of occupied (non‐

natal) dens

Establish exclusion zones ( >50 ft for potential dens, and >100 ft for known dens)

Notify USFWS of occupied natal dens

pp. 6‐37 to 6‐38

Western burrowing owl

On project footprint and 500‐ft radius, identify and map all owls and burrows, and determine status

Document use of habitat (e.g. breeding, foraging)

Avoid occupied nests during breeding season (Feb‐Sep)

Avoid occupied burrows during nonbreeding season (Sep – Feb)

Install one‐way doors in occupied burrow (if avoidance not possible)

Monitor burrows with doors installed

Establish buffer zones (250 ft around nests)

Establish buffer zones (160 ft around burrows)

pp. 6‐39 to 6‐41

Giant garter snake

Delineate aquatic habitat up to 200 ft from water’s edge on each side

Document any occurrences

Limit construction to Oct‐May Dewater habitat April 15 – Sep 30

prior to construction Minimize clearing for construction

Delineate 200 ft buffer around potential habitat near construction

Provide field report on monitoring efforts

Stop construction activities if snake is encountered; allow snake to passively relocate

Remove temporary fill or debris from construction site

Mandatory training for construction personnel

pp. 6‐43 to 6‐45

California tiger salamander

Provide written notification to USFWS and CDFW regarding timing of construction and likelihood of occurrence on site

Allow agency staff to translocate species, if requested

None p. 6‐45

California red‐legged frog

Provide written notification to USFWS and CDFW regarding timing of construction and likelihood of occurrence on site

Allow agency staff to translocate species, if requested

None p. 6‐46

Covered shrimp

Establish presence/absence Document and evaluate use of

all habitat features (e.g. vernal pools, rock outcrops)

Establish buffer near construction activities

Prohibit incompatible activities

Establish buffer around outer edge of all hydric vegetation associated with habitat (50 ft or immediate watershed, whichever is larger)

Mandatory training for construction personnel

pp. 6‐46 to 6‐48

Townsend’s big‐eared bat

Establish presence/absence Determine if potential sites

were recently occupied (guano)

Seal hibernacula before Nov Seal nursery sites before April Delay construction near occupied

sites until hibernation or nursery seasons are over

None pp. 6‐36 to 6‐37

Swainson’s hawk

Determine whether potential nests are occupied

No construction within 1,000 ft of occupied nests within breeding season (March 15 ‐ Sep 15)

If necessary, remove active nest tree after nesting season to prevent occupancy in second year.

Establish 1,000 ft buffer around active nest and monitor compliance (no activity within established buffer)

pp. 6‐41 to 6‐43

Golden Eagle

Establish presence/absence of nesting eagles

No construction within ½ mile near active nests (most activity late Jan – Aug)

Establish ½ mile buffer around active nest and monitor compliance with buffer

pp. 6‐38 to 6‐39

10 The requirements in this table are not comprehensive; they are detailed in the next section on the following page.

Agenda Item 4a


2) RequiredPreconstructionSurveys,AvoidanceandMinimization,andConstructionMonitoringAllpreconstructionsurveysshallbeconductedinaccordancewiththerequirementssetforthinSection6.4.3,Species‐LevelMeasures,andTable6‐1oftheECCCHCP/NCCP.Detaileddescriptionsofpreconstructionsurveys,avoidanceandminimization,andconstructionmonitoringapplicabletoeachofthewildlifespeciesinTable3arelocatedbelow.Pleaseremovethespecies‐specificmeasuresthatdonotapplytoyourproject(highlightentiresectionanddelete).SAN JOAQUIN KIT FOX Preconstruction Surveys

Prior to any ground disturbance related to covered activities, a USFWS/CDFW– approved biologist will conduct a preconstruction survey in areas identified in the planning surveys as supporting suitable breeding or denning habitat for San Joaquin kit fox. The surveys will establish the presence or absence of San Joaquin kit foxes and/or suitable dens and evaluate use by kit foxes in accordance with USFWS survey guidelines (U.S. Fish and Wildlife Service 1999). Preconstruction surveys will be conducted within 30 days of ground disturbance. On the parcel where the activity is proposed, the biologist will survey the proposed disturbance footprint and a 250‐foot radius from the perimeter of the proposed footprint to identify San Joaquin kit foxes and/or suitable dens. Adjacent parcels under different land ownership will not be surveyed. The status of all dens will be determined and mapped. Written results of preconstruction surveys will be submitted to USFWS within 5 working days after survey completion and before the start of ground disturbance. Concurrence is not required prior to initiation of covered activities.

If San Joaquin kit foxes and/or suitable dens are identified in the survey area, the measures described below will be implemented. Avoidance and Minimization Requirements

If a San Joaquin kit fox den is discovered in the proposed development footprint, the den will be monitored for 3 days by a USFWS/CDFW– approved biologist using a tracking medium or an infrared beam camera to determine if the den is currently being used.

Unoccupied dens should be destroyed immediately to prevent subsequent use. If a natal or pupping den is found, USFWS and CDFW will be notified immediately. The den will not be

destroyed until the pups and adults have vacated and then only after further consultation with USFWS and CDFW.

If kit fox activity is observed at the den during the initial monitoring period, the den will be monitored for an additional 5 consecutive days from the time of the first observation to allow any resident animals to move to another den while den use is actively discouraged. For dens other than natal or pupping dens, use of the den can be discouraged by partially plugging the entrance with soil such that any resident animal can easily escape. Once the den is determined to be unoccupied it may be excavated under the direction of the biologist. Alternatively, if the animal is still present after 5 or more consecutive days of plugging and monitoring, the den may have to be excavated when, in the judgment of a biologist, it is temporarily vacant (i.e., during the animal’s normal foraging activities).

Construction Monitoring

If dens are identified in the survey area outside the proposed disturbance footprint, exclusion zones around each den entrance or cluster of entrances will be demarcated. The configuration of exclusion zones should be circular, with a radius measured outward from the den entrance(s). No covered activities will occur within the exclusion zones. Exclusion zone radii for potential dens will be at least 50 feet and will be demarcated with four to five flagged stakes. Exclusion zone radii for known dens will be at least 100 feet and will be demarcated with staking and flagging that encircles each den or cluster of dens but does not prevent access to the den by kit fox.

Agenda Item 4a


WESTERN BURROWING OWL Preconstruction Surveys

Prior to any ground disturbance related to covered activities, a USFWS/CDFW‐ approved biologist will conduct a preconstruction survey in areas identified in the planning surveys as having potential burrowing owl habitat. The surveys will establish the presence or absence of western burrowing owl and/or habitat features and evaluate use by owls in accordance with CDFW survey guidelines (California Department of Fish and Game 1995).

On the parcel where the activity is proposed, the biologist will survey the proposed disturbance footprint and a 500‐foot radius from the perimeter of the proposed footprint to identify burrows and owls. Adjacent parcels under different land ownership will not be surveyed. Surveys should take place near sunrise or sunset in accordance with CDFW guidelines. All burrows or burrowing owls will be identified and mapped. Surveys will take place no more than 30 days prior to construction. During the breeding season (February 1– August 31), surveys will document whether burrowing owls are nesting in or directly adjacent to disturbance areas. During the nonbreeding season (September 1–January 31), surveys will document whether burrowing owls are using habitat in or directly adjacent to any disturbance area. Survey results will be valid only for the season (breeding or nonbreeding) during which the survey is conducted. Avoidance and Minimization and Construction Monitoring

This measure incorporates avoidance and minimization guidelines from CDFW’s Staff Report on Burrowing Owl Mitigation (California Department of Fish and Game 1995).

If burrowing owls are found during the breeding season (February 1 – August 31), the project proponent will avoid all nest sites that could be disturbed by project construction during the remainder of the breeding season or while the nest is occupied by adults or young. Avoidance will include establishment of a non‐disturbance buffer zone (described below). Construction may occur during the breeding season if a qualified biologist monitors the nest and determines that the birds have not begun egg‐laying and incubation or that the juveniles from the occupied burrows have fledged. During the nonbreeding season (September 1 – January 31), the project proponent should avoid the owls and the burrows they are using, if possible. Avoidance will include the establishment of a buffer zone (described below).

During the breeding season, buffer zones of at least 250 feet in which no construction activities can occur will be established around each occupied burrow (nest site). Buffer zones of 160 feet will be established around each burrow being used during the nonbreeding season. The buffers will be delineated by highly visible, temporary construction fencing.

If occupied burrows for burrowing owls are not avoided, passive relocation will be implemented. Owls should be excluded from burrows in the immediate impact zone and within a 160‐foot buffer zone by installing one‐way doors in burrow entrances. These doors should be in place for 48 hours prior to excavation. The project area should be monitored daily for 1 week to confirm that the owl has abandoned the burrow. Whenever possible, burrows should be excavated using hand tools and refilled to prevent reoccupation (California Department of Fish and Game 1995). Plastic tubing or a similar structure should be inserted in the tunnels during excavation to maintain an escape route for any owls inside the burrow.

CALIFORNIA TIGER SALAMANDER Minimization

Written notification to USFWS, CDFW, and the Implementing Entity, including photos and breeding habitat assessment, is required prior to disturbance of any suitable breeding habitat. The project proponent will also notify these parties of the approximate date of removal of the breeding habitat at least 30 days prior to this removal to allow USFWS or CDFW staff to translocate individuals, if requested. USFWS or CDFW must notify the project proponent of their intent to translocate California tiger salamanders within 14 days of receiving notice from the project proponent. The applicant must allow USFWS or CDFW access to the site prior to construction if they request it.

Agenda Item 4a


There are no restrictions under this Plan on the nature of the disturbance or the date of the disturbance unless CDFW or USFWS notify the project proponent of their intent to translocate individuals within the required time period. In this case, the project proponent must coordinate the timing of disturbance of the breeding habitat to allow USFWS or CDFW to translocate the individuals. USFWS and CDFW shall be allowed 45 days to translocate individuals from the date the first written notification was submitted by the project proponent (or a longer period agreed to by the project proponent, USFWS, and CDFW). CALIFORNIA RED‐LEGGED FROG Minimization

Written notification to USFWS, CDFW, and the Implementing Entity, including photos and habitat assessment, is required prior to disturbance of any suitable breeding habitat. The project proponent will also notify these parties of the approximate date of removal of the breeding habitat at least 30 days prior to this removal to allow USFWS or CDFW staff to translocate individuals, if requested. USFWS or CDFW must notify the project proponent of their intent to translocate California red‐legged frog within 14 days of receiving notice from the project proponent. The applicant must allow USFWS or CDFW access to the site prior to construction if they request it.

There are no restrictions under this Plan on the nature of the disturbance or the date of the disturbance unless CDFW or USFWS notify the project proponent of their intent to translocate individuals within the required time period. In this case, the project proponent must coordinate the timing of disturbance of the breeding habitat to allow USFWS or CDFW to translocate the individuals. USFWS and CDFW shall be allowed 45 days to translocate individuals from the date the first written notification was submitted by the project proponent (or a longer period agreed to by the project proponent, USFWS, and CDFW).

SWAINSON’S HAWK Preconstruction Survey

Prior to any ground disturbance related to covered activities that occurs during the nesting season (March 15–September 15), a qualified biologist will conduct a preconstruction survey no more than 1 month prior to construction to establish whether Swainson’s hawk nests within 1,000 feet of the project site are occupied. If potentially occupied nests within 1,000 feet are off the project site, then their occupancy will be determined by observation from public roads or by observations of Swainson’s hawk activity (e.g., foraging) near the project site. If nests are occupied, minimization measures and construction monitoring are required (see below). Avoidance and Minimization and Construction Monitoring

During the nesting season (March 15–September 15), covered activities within 1,000 feet of occupied nests or nests under construction will be prohibited to prevent nest abandonment. If site‐specific conditions or the nature of the covered activity (e.g., steep topography, dense vegetation, limited activities) indicate that a smaller buffer could be used, the Implementing Entity will coordinate with CDFW/USFWS to determine the appropriate buffer size.

If young fledge prior to September 15, covered activities can proceed normally. If the active nest site is shielded from view and noise from the project site by other development, topography, or other features, the project applicant can apply to the Implementing Entity for a waiver of this avoidance measure. Any waiver must also be approved by USFWS and CDFW. While the nest is occupied, activities outside the buffer can take place.

All active nest trees will be preserved on site, if feasible. Nest trees, including non‐native trees, lost to covered activities will be mitigated by the project proponent according to the requirements below. Mitigation for Loss of Nest Trees

The loss of non‐riparian Swainson’s hawk nest trees will be mitigated by the project proponent by:

If feasible on‐site, planting 15 saplings for every tree lost with the objective of having at least 5 mature trees established for every tree lost according to the requirements listed below.

Agenda Item 4a


AND either

1) Pay the Implementing Entity an additional fee to purchase, plant, maintain, and monitor 15 saplings on the HCP/NCCP Preserve System for every tree lost according to the requirements listed below, OR

2) The project proponent will plant, maintain, and monitor 15 saplings for every tree lost at a site to be approved by the Implementing Entity (e.g., within an HCP/NCCP Preserve or existing open space linked to HCP/NCCP preserves), according to the requirements listed below.

The following requirements will be met for all planting options:

Tree survival shall be monitored at least annually for 5 years, then every other year until year 12. All trees lost during the first 5 years will be replaced. Success will be reached at the end of 12 years if at least 5 trees per tree lost survive without supplemental irrigation or protection from herbivory. Trees must also survive for at least three years without irrigation.

Irrigation and fencing to protect from deer and other herbivores may be needed for the first several years to ensure maximum tree survival.

Native trees suitable for this site should be planted. When site conditions permit, a variety of native trees will be planted for each tree lost to provide trees with different growth rates, maturation, and life span, and to provide a variety of tree canopy structures for Swainson’s hawk. This variety will help to ensure that nest trees will be available in the short term (5‐10 years for cottonwoods and willows) and in the long term (e.g., Valley oak, sycamore). This will also minimize the temporal loss of nest trees.

Riparian woodland restoration conducted as a result of covered activities (i.e., loss of riparian woodland) can be used to offset the nest tree planting requirement above, if the nest trees are riparian species.

Whenever feasible and when site conditions permit, trees should be planted in clumps together or with existing trees to provide larger areas of suitable nesting habitat and to create a natural buffer between nest trees and adjacent development (if plantings occur on the development site).

Whenever feasible, plantings on the site should occur closest to suitable foraging habitat outside the UDA. Trees planted in the HCP/NCCP preserves or other approved offsite location will occur within the known

range of Swainson’s hawk in the inventory area and as close as possible to high‐quality foraging habitat. GOLDEN EAGLE Preconstruction Survey

Prior to implementation of covered activities, a qualified biologist will conduct a preconstruction survey to establish whether nests of golden eagles are occupied (see Section 6.3.1, Planning Surveys). If nests are occupied, minimization requirements and construction monitoring will be required. Avoidance and Minimization

Covered activities will be prohibited within 0.5 mile of active nests. Nests can be built and active at almost any time of the year, although mating and egg incubation occurs late January through August, with peak activity in March through July. If site‐specific conditions or the nature of the covered activity (e.g., steep topography, dense vegetation, limited activities) indicate that a smaller buffer could be appropriate or that a larger buffer should be implemented, the Implementing Entity will coordinate with CDFW/USFWS to determine the appropriate buffer size. Construction Monitoring

Construction monitoring will focus on ensuring that no covered activities occur within the buffer zone established around an active nest. Although no known golden eagle nest sites occur within or near the ULL, covered activities inside and outside of the Preserve System have the potential to disturb golden eagle nest sites. Construction monitoring will ensure that direct effects to golden eagles are minimized.

Agenda Item 4a


3) ConstructionMonitoringPlan

Beforeimplementingacoveredactivity,theapplicantwilldevelopandsubmitaconstructionmonitoringplantotheplanningdepartmentofthelocallandusejurisdictionandtheEastContraCostaCountyHabitatConservancyforreviewandapproval.Elementsofabriefconstructionmonitoringplanwillincludethefollowing:

Resultsofplanningandpreconstructionsurveys.11 Descriptionofavoidanceandminimizationmeasurestobeimplemented,includingadescriptionof

project‐specificrefinementstothemeasuresoradditionalmeasuresnotincludedintheHCP/NCCP. Descriptionofmonitoringactivities,includingmonitoringfrequencyandduration,andspecific

activitiestobemonitored. Descriptionoftheonsiteauthorityoftheconstructionmonitortomodifyimplementationofthe

activity.

Checkboxtoacknowledgethisrequirement.

11 If the preconstruction surveys do not trigger construction monitoring, results of preconstruction surveys should still be submitted to the local jurisdiction and the East Contra Costa County Habitat Conservancy.

Agenda Item 4a


V. SPECIFIC CONDITIONS ON COVERED ACTIVITIES

1) CheckofftheHCPconservationmeasuresthatapplytotheproject.

APPLIES TO ALL PROJECTS

Conservation Measure 1.11. Avoid Direct Impacts on Extremely Rare Plants, Fully Protected Wildlife Species, or Migratory Birds. This conservation measure applies to all projects. All projects will avoid all impacts on extremely rare plants and fully protected species listed in Table 6‐5 of the ECCC HCP/NCCP. See HCP pp. 6‐23 to 6‐25, and Table 6‐5.

APPLIES TO PROJECTS THAT IMPACT COVERED PLANT SPECIES

Conservation Measure 3.10. Plant Salvage when Impacts are Unavoidable. This condition applies to projects that cannot avoid impacts on covered plants and help protect covered plants by prescribing salvage whenever avoidance of impacts is not feasible. Project proponents wishing to remove populations of covered plants must notify the Conservancy of their construction schedule to allow the Conservancy the option of salvaging the populations. See HCP pp. 6‐48 to 6‐50.

APPLIES TO PROJECTS THAT INCLUDE ARE ADJACENT TO STREAMS, PONDS, OR WETLANDS

Conservation Measure 2.12. Wetland, Pond, and Stream Avoidance and Minimization. All projects will implement measures described in the HCP to avoid and minimize impacts on wetlands, ponds, streams, and riparian woodland/scrub. See HCP pp. 6‐33 to 6‐35.

APPLIES TO NEW DEVELOPMENT PROJECTS

Conservation Measure 1.10. Maintain Hydrologic Conditions and Minimize Erosion. All new development must avoid or minimize direct and indirect impacts on local hydrological conditions and erosion by incorporating the applicable Provision C.3 Amendments of the Contra Costa County Clean Water Program’s (CCCCWP’s) amended NPDES Permit (order no. R2‐2003‐0022; permit no. CAS002912). The overall goal of this measure is to ensure that new development covered under the HCP has no or minimal adverse effects on downstream fisheries to avoid take of fish listed under ESA or CESA. See HCP pp. 6‐21 to 6‐22.

APPLIES TO NEW DEVELOPMENT PROJECTS THAT INCLUDE OR ARE ADJACENT TO STREAMS, PONDS, OR WETLANDS

Conservation Measure 1.7. Establish Stream Setbacks. A stream setback will be applied to all development projects covered by the HCP according to the stream types listed in Table 6‐2 of the HCP. See HCP pp. 6‐15 to 6‐18 and Table 6‐2.

APPLIES TO NEW DEVELOPMENT PROJECTS ADJACENT TO EXISTING PUBLIC OPEN SPACE, HCP PRESERVES, OR LIKELY HCP ACQUISITION SITES

Conservation Measure 1.6. Minimize Development Footprint Adjacent to Open Space. Project applicants are encouraged to minimize their development footprint and set aside portions of their land to contribute to the HCP Preserve System. Land set aside that contributes to the HCP biological goals and objectives may be credited against development fees. See HCP pages 6‐14 to 6‐15.

Conservation Measure 1.8. Establish Fuel Management Buffer to Protect Preserves and Property. Buffer zones will provide a buffer between development and wildlands that allows adequate fuel management to minimize the risk of wildlife damage to property or to the preserve. The minimum buffer zone for new development is 100 feet. See HCP pages 6‐18 to 6‐19.

Conservation Measure 1.9. Incorporate Urban‐Wildlife Interface Design Elements. These projects will incorporate design elements at the urban‐wildlife interface to minimize the indirect impacts of development on the adjacent preserve. See HCP pp. 6‐20 to 6‐21.

APPLIES TO ROAD MAINTENANCE PROJECTS OUTSIDE THE UDA

Conservation Measure 1.12. Implement Best Management Practices for Rural Road Maintenance. Road maintenance activities have the potential to affect covered species by introducing sediment and other pollutants into downstream waterways, spreading invasive weeds, and disturbing breeding wildlife. In order to avoid and minimize these impacts, BMPs described in the HCP will be used where appropriate and feasible. See HCP pp. 6‐25 to 6‐26.

APPLIES TO NEW ROADS OR ROAD IMPROVEMENTS OUTSIDE THE UDA

Conservation Measure 1.14. Design Requirements for Covered Roads Outside the Urban Development Area (UDA). New roads or road improvements outside the UDA have impacts on many covered species far beyond the direct impacts of their project footprints. To minimize the impacts of new, expanded, and improved roads in agricultural and natural areas of the inventory area, road and bridge construction projects will adopt siting, design, and construction requirements described in the HCP and listed in Table 6‐6. See HCP pp. 6‐27 to 6‐33 and Table 6‐6.

APPLIES TO FLOOD CONTROL MAINTENANCE ACTIVITIES

Conservation Measure 1.13. Implement Best Management Practices for Flood Control Facility Maintenance. Flood control maintenance activities have the potential to affect covered species by introducing sediment and other pollutants into downstream waterways and disturbing breeding wildlife. In order to avoid and minimize these impacts, BMPs described in the HCP will be used where appropriate and feasible. See HCP pp. 6‐26 to 6‐27.

Agenda Item 4a


2) Forallcheckedconservationmeasures,describehowtheprojectwillcomplywitheachmeasure.AttachasAttachmentC:ProjectCompliancetoHCPConditions.

VI. MITIGATION MEASURES

1) MitigationFeeCalculator(s)Completeandattachthefeecalculator(usepermanentand/ortemporaryimpactfeecalculatorasappropriate),andattachasAttachmentD:FeeCalculator(s).

2) Brieflydescribetheamountoffeestobepaidandwhenapplicantplanstosubmitpayment.

The HCP/NCCP Fee Calculators have been attached as Attachment D Exhibit 1 and Exhibit 2.

Walnut Crossover Work Area: The Walnut Crossover work area is outside of the UDA, and includes both temporary and permanent impacts. Temporary projects outside the UDA include an area of impact on covered species that is larger than the actual project footprint. These projects require further consultation with the Conservancy, USFWS, and CDFW in order to determine the “project impact area” that would be subject to the temporary impact fee. PG&E has opted to mitigate for the temporary impacts associated with the Walnut Crossover work area (with the exception of the use of the existing access road to the sniff holes) by paying the full development fee for permanent impacts for the entire work area footprint (the area both permanently and temporarily impacted), which is an option provided in the HCP/NCCP in lieu of further negotiations regarding indirect impact footprint with the Conservancy and wildlife agencies, consistent with Chapter 9.3.1. As show in the attached permanent impacts fee calculator, Attachment D1, a development fee of $20,717.33 is due for permanent impacts to 0.81 acre (of which 0.10 acre will be permanently impacted and 0.71 acres will be temporarily impacted) of land in Fee Zone II. As shown in the attached temporary impacts fee calculator, Attachment D2, a development fee of $3,657.50 is due for temporary impacts to the 1.43 acres that comprise the existing access route and 50 foot buffer to the sniff holes for the 3 years of disturbance that are expected to take place. The combined total for mitigation fees is $24,374.83.

A 0.02‐acre portion of the Walnut Crossover work area is currently graveled, and at completion of the project, this area will be graveled as well, resulting in no change in land use. In discussion with the HCP administration, no development fees are required for this area.

Offsite Temporary Workspace: The offsite temporary workspace is outside of the UDA and is currently disturbed (graveled). As such, no development fees will be paid for the temporary use of this area for staging.

With the Contribution to Recovery applied to this project, the final payment due to the Conservancy is $17,178.42. The fees shall be paid prior to construction.

Note: Fees will be adjusted on March 15, 2017. Fees are required to be paid at the rate in effect or the calendar year in which the project proponent pays them. Fees for this project will need to be calculated in accordance with the updated Fee Calculator following March 15, 2017.

Agenda Item 4a

ATTACHMENTA:PROJECTDESCRIPTION

Agenda Item 4a

ATTACHMENT A

1

Attachment A: Project Description

Background: Pacific Gas and Electric Company (PG&E) proposes to increase the operational reliability of gas transmission pipelines 131 and 114 (L‐131 and L‐114 respectively), and increase the reliability and flexibility of the Bay Area Loop of gas pipelines, by rebuilding the existing undersized Walnut Crossover and installing equipment which allows inspection technologies to transfer between the two pipelines. The project will include the excavation and modification of the existing facilities at the Walnut Crossover. New above‐ground facilities will replace the existing above‐ground facilities, the ground surface will be graded and graveled, and a new retaining wall and fence will be installed around the rebuilt Walnut Crossover.

Introduction: PG&E’s Walnut Crossover is located immediately north of Walnut Boulevard in the Los Vaqueros Watershed approximately 0.74 mile northeast of Los Vaqueros Reservoir. In addition to work and staging activities taking place in and around the Walnut Crossover, an offsite temporary workspace within the Los Vaqueros Watershed will also be used to stage project equipment, materials, and vehicles for the duration of the project. This offsite temporary workspace is currently disturbed (graveled).

The Walnut Crossover work area and offsite temporary workspace are within the East Contra Costa County Habitat Conservation Plan/Natural Community Conservation Plan (ECCC HCP/NCCP) coverage area. See Figure 1 for a vicinity map of the project and Figure 2 for exhibits showing the work areas for the project. Figure 3 includes field‐verified land cover mapping for the vicinity of the project and Figure 4 includes representative photos from the Walnut Crossover work area. Figure 5 includes the biological planning survey maps for the Walnut Crossover work area and offsite temporary workspace. All figures are located in Attachment B.

Project Locations:

Walnut Crossover Work Area: The available time period for work to take place at the Walnut Crossover work area is compressed due to eagle nesting season (which can extend up to August 1) and the rainy season (typically beginning October 15). As such, work at the Walnut Crossover is proposed to take place in both 2016 and 2017 to ensure that all work can be completed while avoiding the eagle nesting season as well as the wet season.

Prior to initial disturbance or contractor mobilization, the Walnut Crossover work area will be surrounded by rope and t‐posts or orange construction fencing. A small drainage that runs adjacent to the Walnut Crossover work area is excluded from the work area and will be avoided. Prior to mobilization in 2016 and 2017, appropriate BMPs will be installed upland of this drainage to protect it from impacts. There is no riparian vegetation present along the drainage, so no impacts to a riparian corridor will occur as a result of project activities. A minimum 25‐foot buffer will be maintained between all excavating and the seasonal drainage in 2016 to install the bypass. The existing access road to the station is within 25 feet of the drainage and the existing station equipment being replaced in 2017 is within 25 feet of the drainage, however the bed and bank of the drainage will not be disturbed or impacted during construction in 2016 or 2017.

Agenda Item 4a

ATTACHMENT A

2

An approximately 0.68‐acre temporary work area will be established around the existing Walnut Crossover in 2016 and 2017. This work area is located within annual grassland and will be subject to temporary disturbance from the staging and movement of equipment, spoils placement, vehicle parking, and other project activities (Figure 3).

Work in 2016 will consist of the installation of a temporary bypass pipeline. This bypass will allow gas to continue to flow while the Walnut Crossover is being rebuilt in 2017. In order to install the bypass pipeline, a trench approximately 210 feet long, five feet wide, and eight feet deep will be excavated within the work area. Excavating will be conducted with typical mechanical excavation equipment including tracked excavators, rubber tire backhoes, and similar, and by hand around the pipelines and equipment. Spoils will be kept onsite within the work area or temporarily offhauled to the offsite temporary workspace. These soils will also be used to backfill the excavations. Any remaining soil will be offhauled to an appropriate off‐site soil disposal location. The temporary hard bypass will not be put into service and filled with gas until work rebuilding the Walnut Crossover begins in 2017. The bypass will also be removed upon completion of the project in 2017.

In 2017 an approximately 0.12‐acre excavation will be required at the Walnut Crossover work area to expose the existing underground facilities and complete the modifications; 0.02‐acre of this area is currently covered in gravel. The excavation will be located within PG&E’s permanent easement area, which is also being modified as part of the project. Excavating will be conducted with typical mechanical excavation equipment including tracked excavators, rubber tire backhoes, and similar, and by hand around the pipelines and equipment. Spoils will be kept onsite within the work area or temporarily offhauled to the offsite temporary workspace. These soils will also be used to backfill the excavations. Any remaining soil will be offhauled to an appropriate off‐site soil disposal location. Upon completion of the project, this 0.12‐acre excavation area will be graveled and fenced and a retaining wall will be put in place, resulting in a permanent impact to annual grassland (Figure 3). However, as mentioned previously 0.02 acre of this area is already covered in gravel, so additional permanent impacts associated with this work will only be 0.10 acre of annual grassland habitat.

Four sniff holes will be excavated in 2017 on the pipelines entering and exiting the Walnut Crossover and are located within PG&E’s existing easements – two within the primary Walnut Crossover work area and two north of the project site along an existing well‐traveled access road that is maintained by the Contra Costa Water District. The sniff holes are necessary for safety during welding on the existing pipelines. Each sniff hole excavation will be approximately 8‐feet wide and 8‐feet long surrounded by a 25‐foot by 25‐foot work area. The two sniff hole excavations north of the primary work area will be completed using hand tools. The two sniff hole work areas outside of the larger Walnut Crossover work area will result in approximately 0.03 acre of temporary impacts to grassland (Figure 3).

Access to the Walnut Crossover work area in 2016 and 2017 will be via an existing graveled access road off of Walnut Boulevard (Figure 3). Crews will access the two northern sniff hole locations in 2017 by driving on the existing maintained access road. Crews will park all vehicles on this existing maintained access road and walk to each sniff hole location. Crews will use this access road approximately four times to access the two northernmost sniff holes. The total area of the existing dirt access road to be used to access these sniff hole work areas is approximately 0.34 acre, and with a 50‐foot buffer on either side of the road, the impact area associated with this road is 1.43 acre.

Upon completion of the project in 2017, a total of approximately 0.10 acre of grassland habitat will be permanently impacted and approximately 2.14 acre of grassland habitat (consisting of 0.68 acre of temporary impacts within the Walnut Crossover work area, 0.03 acre of temporary impacts at the two northernmost sniff hole locations, and 1.43 acre of temporary impacts from use of the existing dirt access road to the northern sniff hole locations) will be temporarily impacted at the Walnut Crossover work area. The existing 0.02‐acre graveled area (Urban habitat) will be graveled at the end of the project as well, resulting in no change in land use. These acreages are reported in Table 1 in the Application Form and Planning Survey Report and in Table 1 below.

Agenda Item 4a

ATTACHMENT A

3

For fire safety, all herbaceous vegetation will be removed from this work area in 2016 and 2017.

Offsite Temporary Workspace An approximately 2.11 acre offsite temporary workspace has been identified offsite for the project and is located along Walnut Boulevard approximately 1 mile east of the Walnut Crossover work area. The offsite temporary workspace is currently graveled and has existing graveled/paved access routes off Walnut Boulevard (Figure 3). This offsite temporary workspace would be used in 2016 and 2017.

Table 1 outlines the permanent and temporary impacts on land cover types that would result from project activities.

Table 1. Land Cover Types and Impacts


Total Permanent Impact Temporary Impact Annual Grassland (Walnut Crossover Work Area)

0.10 acre 0.68 acre 0.78 acre

Annual Grassland (Sniff Hole Work Areas)

‐ 0.03 acre 0.03 acre

Annual Grassland (Access Rote to Sniff Holes)

‐ 1.43 acre 1.43 acre

Urban (Offsite Temporary Workspace and Existing Facilities at Walnut Crossover)

0.02 acre 2.11 acres 2.13 acres


Best Management Practices and Avoidance and Minimization Measures: The following Best Management Practices (BMPs) and Avoidance and Minimization Measures (AMMs) will be implemented for the project in 2016 and 2017.

Environmental Tailboard. Prior to starting any work on the project all PG&E employees and contractors must receive training on environmental and cultural conditions and requirements applicable to this project. If additional crewmembers arrive later in the job, they must go through the training prior to beginning work. Training will include a discussion of the avoidance and minimization measures that must be implemented. Training will include information on the federal and state Endangered Species Acts and the consequences of noncompliance with these acts, and requirements under the ECCC HCP/NCCP. Workers will be informed about the presence, life history, and habitat requirements of all special‐status species, including nesting birds that have the potential to be affected by the project. Training will also include information on state and federal laws protecting nesting birds, wetlands and other water resources. Construction crews will be provided with an educational brochure that will include color photos of sensitive species and a discussion of avoidance and minimization measures that must be implemented.

Staging and Parking. Vehicles and equipment must be parked on pavement, existing roads, and previously disturbed areas or access roads identified on the Issued for Construction drawings only.

Work Area Requirements. Trash dumping, firearms, open fires (such as barbecues) that are not required by the activity, hunting, and pets are prohibited at all work locations and access roads.

Agenda Item 4a

ATTACHMENT A

4

Spill Protection for Equipment. Stationary equipment (e.g. pumps, generators, compressors, lights) must be positioned over secondary containment.

Spill Protection for Water Storage Tanks. Water storage tanks and poly tanks must be positioned over drip or spill protection.

Litter and Trash Management. All food scraps, wrappers, food containers, cans, bottles, and other trash from the work area must be disposed in closed trash containers. Trash must be removed completely from the work area at the end of each working day.

Stockpiles. Stockpiling of material is not allowed outside of the established work area shown on the exhibits approved by the ECCC HCP/NCCP. Stockpiled materials must be in compliance with the Stormwater Pollution Prevention Plan (SWPPP).

Access Roads. Any work, road widening, staging or access outside of the areas shown on the exhibits approved by the ECCC HCP/NCCP will require prior approval. Not all requests may be approved. Existing access and ROW roads must be used as identified on the exhibits that were approved by the ECCC HCP/NCCP. No other access roads may be used.

Dust Control. Use a water truck to control dust from disturbed soils, stockpiles, and unpaved access roads as needed.

Erosion Control Materials. No monofilament plastic will be used for erosion control (e.g. matting, fiber roll, wattles, silt fencing backing, or sod) in natural areas. Sod may be used when restoring landscaped areas. Appropriate materials would be burlap, coconut fiber, or as identified in the general and site‐specific SWPPP. Fiber rolls used for erosion control will be certified as free of noxious weed seed.

Wetland/Drainage Protection. Prevent construction site runoff into wetlands, vernal pools, creeks and other waterways by implementing PG&E standard erosion and sediment control BMPs identified in the general and site‐specific SWPPP.

Erosion Control Measures. Appropriate erosion‐control measures (e.g., fiber rolls, filter fences, vegetative buffer strips) will be used on site to reduce siltation and runoff of contaminants into wetlands, ponds, streams, or riparian woodland/scrub. Filter fences and mesh will be of material that will not entrap reptiles and amphibians. Erosion control blankets shall be used as a last resort because of their tendency to biodegrade slowly and trap reptiles and amphibians. Erosion‐control measures will be placed between the outer edge of the buffer and the project site.

Seed Mix. Seed mixtures applied for erosion control will not contain invasive nonnative species, and will be composed of native species or sterile nonnative species.

Herbicide Use. Herbicide will not be applied within 100 feet of wetlands, ponds, streams, or riparian woodland/scrub; however, where appropriate to control serious invasive plants, herbicides that have been approved for use by EPA in or adjacent to aquatic habitats may be used as long as label instructions are followed and applications avoid or minimize impacts on covered species and their habitats. In seasonal or intermittent stream or wetland environments, appropriate herbicides may be applied during the dry season to control nonnative invasive species (e.g., yellow star‐thistle). Herbicide drift should be minimized by applying the herbicide as close to the target area as possible.

Refueling. No construction or maintenance vehicles will be refueled within 200 feet of wetlands, ponds, streams, or riparian woodland/scrub unless a bermed and lined refueling area is constructed and hazardous material absorbent pads are available in the event of a spill.

Tree trimming/removal or work within dripline. Any tree removal, pruning, or work within the drip line of trees other than in paved areas must be reviewed, approved, and conducted by a PG&E‐approved arborist or their designee. Tree removal must be conducted outside of the bird nesting season to the extent possible. If this is not feasible, a preconstruction survey for active nests must be performed prior to tree removal. If an active nest is observed in the tree, the tree shall not be removed until the bird has finished nesting or September 15th, whichever is sooner. Additional measures (such as root pruning,

Agenda Item 4a

ATTACHMENT A

5

monitoring, stump grinding) may be required by the arborist. Contractor shall notify arborist a minimum of three business days prior to requiring the arborist’s services.

Tree trimming/removal permission. For tree removal or trimming, a permit or other landowner permissions may be required. Perform no tree removal or trimming without contacting the PG&E biologist/land planner (contact biologist‐ Haley Burgardt by email at [email protected] or by cell phone at 925‐752.2199, land planner‐ Erica Jones – (925) 389‐3778). For removal/trimming between February 1st and September 15th, a qualified biologist will need to perform a nesting bird survey prior to tree trimming or removal. If an active nest is observed in the tree, the PG&E biologist will be consulted. Tree trimming or removal may not be permitted until the bird has finished nesting.

Excavation plating. To prevent entrapment of sensitive species, all open holes, steep‐walled holes, or trenches more than 2 feet deep shall be covered at the close of each work day by plywood or similar materials with all voids beneath the plates should be filled, or provided with one or more escape ramps constructed of earth fill or wooden planks. Before such holes or trenches are filled, they should be thoroughly inspected for trapped animals. Escape ramps must be set at an angle less than 33 degrees to ensure wildlife can climb out. The PG&E planner must also be contacted to determine if there are conflicting requirements from other documents or permits.

Exclusion. Pipes and culverts greater than four inches in diameter must be covered and stored to prevent wildlife from taking refuge. If this is not possible, the PG&E biologist must be consulted to develop an alternative. An inspection for wildlife must be conducted prior to moving the materials. If any wildlife are found the PG&E biologist must be contacted immediately to determine next steps.

Pre‐construction surveys for ECCC HCP/NCCP. Pre‐construction surveys will be required for both work locations to comply with the ECCC HCP/NCCP guidelines. These surveys are for San Joaquin kit fox, western burrowing owl, Swainson’s hawk, and golden eagle. Requirements and reporting requirements for these surveys are identified in the ECCC HCP/NCCP application package. Construction monitoring will be required if Swainson’s hawk or golden eagle nests are identified within the buffers in the ECCC HCP/NCCP.

Pre‐construction nesting bird surveys. If work is scheduled to take place between February 1 and August 31, a pre‐construction nesting bird survey will be conducted by a qualified biologist within 14 days of construction, covering a radius of 250 feet for non‐listed raptors and 100 feet for non‐listed passerines at all locations. If an active bird nest is found within these buffers, PG&E will work with the ECCC HCP/NCCP to determine an appropriate pathway forward.

Exclusion fencing. Exclusion fencing in the form of rope and t‐posts or orange construction fencing must be installed around the perimeter of the Walnut Crossover work area, including around each sniff hole location. Silt fencing will be installed along the portion of the work areas that front the seasonal drainage.

Biological monitoring. A biological monitor must be present during fencing installation, initial contractor mobilization, and during the first 4 feet of excavation at the Walnut Crossover work area. Additional monitoring may be required depending upon the results of the pre‐construction surveys to comply with the ECCC HCP/NCCP requirements, nesting bird surveys, by the PG&E biologist, or at the request of the ECCC HCP/NCCP.

Restoration: Following the completion of project activities in 2017, all construction material and debris will be removed and disposed of at appropriate permitted landfills. All temporarily impacted work areas will be graded and restored to as close to pre‐project contours as feasible. Only native species will be used during site restoration. However, as described below, the vicinity of the project area is dominated by non‐native vegetation, and it is unlikely that native vegetation will persist long‐term in this area.

Agenda Item 4a

ATTACHMENT A

6

Existing vegetation: The only land cover type that will be disturbed during work activities is annual grassland. The Walnut Crossover work area is dominated by non‐native plants. These include ripgut brome (Bromus diandrus), Italian ryegrass (Festuca perennis), foxtail barley (Hordeum murinum), wild radish (Raphanus sativus), and redstem filaree (Erodium cicutarium). The offsite temporary workspace is currently graveled.

Stabilization and Seeding Broadcast seeding or hydroseeding will take place within all disturbed areas for the project at the Walnut Crossover work area, and a layer of tackifier and mulch will be spread over the seeds. If on a slope, jute netting or similar monofilament free and biodegradable materials will be used to assist with stabilization. Table 2 identifies a potential seed mix that will be used during restoration. However, to aid in project flexibility during restoration, it is requested that this seed mix or a similar weed‐free, native, and habitat appropriate seed mix will be applied during restoration. These mixes will have a target application of 45 pounds of seeds per acre.

Table 2. Potential seed mix for use during habitat restoration*

Scientific Name Common Name

Bromus carinatus California Brome

Elymus glaucus Blue Wildrye

Vulpia microstachys Three Weeks Fescue

Trifolium ciliolatum Tree Clover

*To aid in project flexibility and speed restoration, PG&E requests that a similar seed mix that is weed‐free, native and habitat appropriate can be substituted in place of the above seed mix.

Schedule: Work activities are planned to occur during the summer and fall of 2016 and 2017. Table 3 provides the estimated construction schedule for the project.

Table 3. Estimated Construction Schedule

Task Date

Construction Mobilization – Temporary Hard Bypass (Walnut Crossover work area and offsite temporary work area)

9/12/16

Construction Demobilization – Temporary Hard Bypass (Walnut Crossover work area and offsite temporary work area)

10/8/16

Construction Mobilization – Offsite temporary work area 7/1/2017

Construction Mobilization ‐ Walnut Crossover work area 8/1/2017

Demobilization and Restoration Complete 10/31/2017*

* Use of the Walnut Crossover work area is currently restricted until August 1st or whenever the nearby Golden eagles fledge their nest. Assuming that work can mobilize on August 1st, the work cannot be completed until October 31, 2017. If the mobilization to the crossover site can occur earlier, then restoration can likely occur earlier.

Agenda Item 4a

ATTACHMENTB:FIGURES

Agenda Item 4a

! !

Sources: Esri, DeLorme, NAVTEQ, USGS, Intermap, iPC, NRCAN, Esri Japan,METI, Esri China (Hong Kong), Esri (Thailand), TomTom, 2013

0 2 4Miles

±! Walnut Crossover Work Areas

Los Vaqueros Watershed (CCWD)

PG&E Walnut Crossover Rebuild ProjectFigure 1: Project VicinityECCC HCP/NCCP Area

Brentwood, CAJune 2016

0 5025

Miles

$

Agenda Item 4a

Sources: Esri, DeLorme, NAVTEQ, USGS, Intermap, iPC, NRCAN, Esri Japan, METI, Esri China (HongKong), Esri (Thailand), TomTom, 2013

0 0.25 0.5Miles

±

Project Locations

Los Vaqueros Watershed

Contra Costa Water DistrictLos Vaqueros Watershed

Map 1Walnut Crossover

Work Area

!

!

!!

§̈¦580

§̈¦680

£¤101

San Francisco

Fremont

Brentwood

Oakland

$ 0 105

Miles

Map 2Offsite Temporary

Workspace

Los Vaqueros Reservoir

PG&E Walnut Crossover Rebuild ProjectIndex Map

Figure 2: Project Site Plans


Agenda Item 4a

0 250 500

Feet

±

PG&E Walnut Crossover Rebuild ProjectWalnut Crossover Work AreaFigure 2: Project Site Plans

Map 1 of 2


Sources: Esri, DeLorme,NAVTEQ, USGS, Intermap,

") Sniff Hole Location

Sniff Hole Access (dirt road)

Gravel Area - Permanent Impact

Project Locations

Disturbance Area

K el l

ogg

Cr e

e k

Walnut Crossover Work AreaTemporary Impact Area0.68 acres

Walnut Crossover Permanent Impact Area0.098 acres

Existing dirt access route to sniff hole locations: 1.43 acres

Sniff Hole Work AreasTemporary Impact Area0.03 acres

Agenda Item 4a

Copyright:© 2013 Esri, DeLorme, NAVTEQ, TomTom, Source: Esri, DigitalGlobe, GeoEye, i-cubed, USDA,USGS, AEX, Getmapping, Aerogrid, IGN, IGP, swisstopo, and the GIS User Community

0 250 500

Feet

±

PG&E Walnut Crossover Rebuild ProjectOffsite Temporary WorkspaceFigure 2: Project Site Plans

Map 2 of 2



Project Locations

Disturbance Area

Offsite Temporary Workspace2.11 acres

Agenda Item 4a


0 0.25 0.5Miles

±

Project Locations




Work Area

!

!

!!

§̈¦580

§̈¦680

£¤101

San Francisco

Fremont

Brentwood

Oakland

$ 0 105

Miles

Map 2Offsite Temporary

Workspace

Los Vaqueros Reservoir

PG&E Walnut Crossover Rebuild ProjectIndex Map

Figure 3: Land Cover within ECCC HCP/NCCP Area


Agenda Item 4a

0 250 500

Feet

±

PG&E Walnut Crossover Rebuild ProjectWalnut Crossover Work AreaFigure 3: Land Cover within

ECCC HCP/NCCP Area Map 1 of 2



Kel l

o gg

C re e

k


Walnut Crossover Permanent Impact Area0.098 acres

Gravel Area - Permanent Impact

Project Locations

Disturbance Area

Grassland

Oak Woodland

Riparian

Aquatic

Study AreaUrban/Future Urban

Sniff Hole Location")


Existing dirt access route to sniff hole locations:1.43 acres

Ruderal


Agenda Item 4a

0 250 500

Feet

±

PG&E Walnut Crossover Rebuild ProjectOffsite Temporary WorkspaceFigure 3: Land Cover within

ECCC HCP/NCCP Area Map 2 of 2



Offsite Temporary Workspace2.11 acres

Disturbance Area

Grassland

Oak Woodland

Riparian

Aquatic

Study Area

Urban/Future Urban

Project Locations

Ruderal

Agenda Item 4a

1

Figure 4. Representative Photographs of the PG&E Walnut Crossover Work Area

Photo 1: Overview of the Walnut Crossover work area showing the existing access road that will be used to access the sniff hole locations. Taken facing east.

Photo 2: Gas Lines 114 and 131 spanning an intermittent stream in the Walnut Crossover work area. The bed and bank of this intermittent stream will be avoided during project activities. Taken facing north.

Photo 3: Incised portion of the intermittent stream that passes through the Walnut Crossover work area, taken from a point upstream located outside of the work area. This stream will be avoided during project activities. Facing southeast.

Photo 4: Western portion of the Walnut Crossover work area. Taken from within the intermittent stream. Facing west.

Photo 5: View facing west from the western portion of the Walnut Crossover work area.

Photo 6: Culvert passing under Walnut Boulevard south of the Walnut Crossover work area. The riparian zone of Kellogg Creek is visible in the background. Taken facing south. This area is outside of the project work area and will be avoided during project activities.

Agenda Item 4a


0 0.5 1Miles

±

Project Locations




Work Area

!

!

!!

§̈¦580

§̈¦680

£¤101

San Francisco

Fremont

Brentwood

Oakland

$ 0 105

Miles

Map 2 Offsite Temporary Workspace

Map 3Nesting BirdsObservations

PG&E Walnut Crossover Rebuild Project Index Map

Figure 5: Species Habitas within ECCC HCP/NCCP Area


Agenda Item 4a

0 250 500

Feet

±

PG&E Walnut Crossover Rebuild ProjectWalnut Crossover Work Area

Figure 5: Species Habitat MapMap 1 of 3




!( California red-legged frog

!( Western pond turtle


Project Locations

Disturbance Area

Study Area


Existing dirt access routeto sniff hole locations:1.43 acres

K el l

o gg

C re e

k


Agenda Item 4a

N1808

INCH0125 4 3

PACIFIC GAS AND ELECTRIC COMPANYR E V I S I O N S

SUPVCHKDDWNNO. DATE DESCRIPTION APVD BY

APPROVEDBY

WARNING:THIS DOCUMENT CONTAINSCONFIDENTIAL, PROPRIETARYINFORMATION THAT IS THE SOLEPROPERTY OF PACIFIC GAS ANDELECTRIC COMPANY AND ISINTENDED FOR USE ONLY BYAUTHORIZED PACIFIC GAS ANDELECTRIC COMPANY EMPLOYEESAND ITS AGENTS.

© PG&E CO.before you dig.Call R E V I S I O N S

SUPVCHKDDWNNO. DATE DESCRIPTION APVD BYZERO IN ON

ZERO IN ON

PM/SPECPM/SPEC

LOS VAQUEROS RESERVOIR

CONTRA COSTA COUNTYCALIFORNIA

HARD BYPASS CONSTRUCTION LIMITSCONTRA COSTA COUNTY, CA.

210'

-0"

Agenda Item 4a


0 250 500

Feet

±

PG&E Walnut Crossover Rebuild ProjectOffsiteTemporary Workspace

Figure 5: Species Habitat MapMap 2 of 3



Disturbance Area

Project Locations

Study Area

SJKF Habitat

BUOW Habitat

!( Alameda striped racer

Kellogg CreekOffsite Temporary Workspace2.11 acres

Agenda Item 4a

0 0.5 1

Miles

±

PG&E Walnut Crossover Rebuild ProjectFigure 5: Planning Survey

Nesting Birds ObservationsMap 3 of 3



Disturbance Area

Project Locations

Work area one half mile buffer

Work area 1000ft buffer

Study Area

CCWD - Los Vaqueros

Walnut CrossoverWork Area

OffsiteTemporary Workspace

GOEA nest location

L o sV a q u e r o sR e s e r v o i r

Agenda Item 4a

0 250 500

Feet

±

PG&E Walnut Crossover Rebuild Project Walnut Crossover Work Area

Figure 6: Rare Plant Survey AreaMap 1 of 2





Disturbance Area

Project Locations

Rare Plant Survey Area 2015


Study AreaK e

l lo g

gC r

e ek

Agenda Item 4a


0 250 500

Feet

±

PG&E Walnut Crossover Rebuild Project OffsiteTemporary Workspace

Figure 6: Rare Plant Survey AreaMap 2 of 2



Disturbance Area

Project Locations


Study Area

Kellogg CreekOffsite Temporary Workspace2.11 acres

Agenda Item 4a

ATTACHMENTC:PROJECTCOMPLIANCETOHCPCONDITIONS

Agenda Item 4a

Attachment C: Project Compliance to HCP Conditions. Conservation Measures 1.7, 1.11, and 2.12 are applicable for this project. The following sections go over these conservation measures and how they will be complied with.

Conservation Measure 1.11: Avoid Direct Impacts on Extremely Rare Plants, Fully Protected Wildlife Species, or Migratory Birds. The required planning surveys were conducted for plants and wildlife. Plant surveys took place during the appropriate blooming periods as identified in the East Contra Costa County Habitat Conservation Plan/Natural Community Conservation Plan (ECCC HCP/NCCP) for the Walnut Crossover location, and no special‐plant species were observed within or adjacent to the work areas. Another round of rare plant surveys is currently underway in 2016 for the Walnut Crossover location as well as the offsite temporary workspace. No special‐status plant species were observed within or adjacent to the work/staging areas during the March 2016 rare plant survey. Additional rare plant surveys will be conducted in September 2016. As there were no special‐status or no‐take plant species at the work locations, there will be no direct or indirect impacts to extremely rare plants.

Several wildlife species that have potential to occur in the vicinity of the project are listed as fully protected (as defined under Sections 3511 and 4700 of the California Fish and Game Code). These are white‐tailed kite (Elanus leucurus), peregrine falcon (Falco peregrinus), and golden eagle (Aquila chrysaetos). All three species forage widely throughout the ECCC HCP/NCCP inventory area but nest in discrete locations. To ensure there will be no take of these species, pre‐construction surveys will take place following the requirements in the ECCC HCP/NCCP. If any nests associated with these species are determined to be active during the pre‐construction surveys, the appropriate no‐work buffer will be set up around the nest. Work will not proceed until the young fledge, the nest fails, or a reduced buffer is determined to be necessary around the nest.

In addition, the project will avoid take of all migratory birds that are subject to the prohibitions of the Migratory Bird Treaty Act (MBTA). This includes avoiding killing or possessing covered migratory birds, their young, nests, feathers, or eggs. The following Avoidance and Minimization Measure (AMM) will be implemented to protect migratory birds. This measure is also included in Attachment A.

Pre‐construction nesting bird surveys. If work is scheduled to take place between February 1 and August 31 a pre‐construction nesting bird survey will be conducted by a qualified biologist within 14 days of construction, covering a radius of 250 feet for non‐listed raptors and 100 feet for non‐listed passerines at all locations. If an active bird nest is found within these buffers, PG&E will work with the ECCC HCP/NCCP to determine an appropriate pathway forward.

The required planning surveys were also conducted for wildlife that has the potential to occur in the habitats surrounding the project area. The AMMs included in Section IV of the Application Form and Planning Survey Report, and in Attachment A will be implemented for the species that have potential to occur in the vicinity. These include conducting pre‐construction surveys for San Joaquin kit fox (Vulpes macrotis mutica), Western burrowing owl (Athene cunicularia), Swainson’s hawk (Buteo swainsoni), and golden eagle. Personnel at the California Department of Fish and Wildlife and United States Fish and Wildlife Service will also be notified about the work associated with this project so that they can relocate California red‐legged frog (Rana draytonii) and California tiger salamander (Ambystoma californiense) from the impact areas.

Agenda Item 4a

Conservation Measure 1.7: Establish Stream Setbacks. The project will not result in any fill or impacts to any wetlands or waters; however, it will be immediately adjacent to a seasonal drainage. This drainage has not been formally delineated, however it is assumed to be jurisdictional due to its defined bed and bank. There is no riparian vegetation present within the vicinity of the work location, and this seasonal drainage does not have a riparian corridor for its entire length, the nearest riparian corridor is associated with Kellogg Creek. All work associated with the project will be upland of the bank of the drainage, and no riparian vegetation will be impacted. Based off the HCP documents, this stream would classify as a 1st order ephemeral reach in natural areas, which has a recommended 25‐foot setback. Where possible, the project has been designed to provide a 25‐foot buffer from the seasonal drainage. However, the existing access road to the station is within 25 feet of the seasonal drainage and the existing station equipment that is being replaced is also within 25 feet. The only feasible location to replace this equipment is within its existing footprint, so impacts within 25 feet of the seasonal drainage are required. However, of the 0.12 acre that will be permanently impacted at this location, 0.02 acre are an existing graveled area, and this land cover and land use will not change. The remaining 0.10 acre of grassland habitat within this area will be covered with gravel and permanently impacted. During construction, silt fencing will be installed along the perimeter of the drainage to prevent discharge of sediment into the seasonal drainage. In addition, equipment fueling will occur at the offsite location.

Conservation Measure 2.12: Wetland, Pond, and Stream Avoidance and Minimization. The project will not result in any discharge or fill into waters of the United States, including jurisdictional wetlands. In addition, the project will avoid the adjacent seasonal drainage and all work will be upland of the bank of this drainage. As mentioned in the previous section, there is no riparian corridor associated with this seasonal drainage, so no riparian vegetation will be impacted. The following applicable measures from the HCP will be applied to this work, and can also be found in Attachment A.

All wetlands, ponds, streams, and riparian woodland/scrub to be avoided by covered activities will be temporarily staked in the field by a qualified biologist.

Exclusion fencing in the form of rope and t‐posts or orange construction fencing must be installed around the perimeter of the Walnut Crossover work area, including around each sniff hole location. Silt fencing will be installed along the portion of the work areas that front the seasonal drainage.

Prior to starting any work on the project, all PG&E employees and contractors must receive training on environmental and cultural conditions and requirements applicable to this project. If additional crewmembers arrive later in the job, they must go through the training prior to beginning work. Training will include a discussion of the avoidance and minimization measures that must be implemented. Training will include information on the federal and state Endangered Species Acts and the consequences of noncompliance with these acts, and requirements under the ECCC HCP/NCCP. Workers will be informed about the presence, life history, and habitat requirements of all special‐status species, including nesting birds that have the potential to be affected by the project. Training will also include information on state and federal laws protecting nesting birds, wetlands and other water resources. Construction crews will be provided with an educational brochure that will include color photos of sensitive species and a discussion of avoidance and minimization measures that must be implemented.

Vehicles and equipment must be parked on pavement, existing roads, and previously disturbed areas or access roads identified on the Issued for Construction drawings only.

Agenda Item 4a

All food scraps, wrappers, food containers, cans, bottles, and other trash from the work area must be disposed in closed trash containers. Trash must be removed completely from the work area at the end of each working day.

No construction or maintenance vehicles will be refueled within 200 feet of wetlands, ponds, streams, or riparian woodland/scrub unless a bermed and lined refueling area is constructed and hazardous material absorbent pads are available in the event of a spill.

Appropriate erosion‐control measures (e.g., fiber rolls, filter fences, vegetative buffer strips) will be used on site to reduce siltation and runoff of contaminants into wetlands, ponds, streams, or riparian woodland/scrub. Filter fences and mesh will be of material that will not entrap reptiles and amphibians. Erosion control blankets shall be used as a last resort because of their tendency to biodegrade slowly and trap reptiles and amphibians. Erosion‐control measures will be placed between the outer edge of the buffer and the project site.

No monofilament plastic will be used for erosion control (e.g. matting, fiber roll, wattles, silt fencing backing, or sod) in natural areas. Sod may be used when restoring landscaped areas. Appropriate materials would be burlap, coconut fiber, or as identified in the general and site‐specific SWPPP. Fiber rolls used for erosion control will be certified as free of noxious weed seed.

Seed mixtures applied for erosion control will not contain invasive nonnative species, and will be composed of native species or sterile nonnative species.

Herbicide will not be applied within 100 feet of wetlands, ponds, streams, or riparian woodland/scrub; however, where appropriate to control serious invasive plants, herbicides that have been approved for use by EPA in or adjacent to aquatic habitats may be used as long as label instructions are followed and applications avoid or minimize impacts on covered species and their habitats. In seasonal or intermittent stream or wetland environments, appropriate herbicides may be applied during the dry season to control nonnative invasive species (e.g., yellow star‐thistle). Herbicide drift should be minimized by applying the herbicide as close to the target area as possible.

Agenda Item 4a

ATTACHMENTD:FEECALCULATOR(S)

Agenda Item 4a

ECCCHCP/NCCP2016FeeCalculatorWorksheetPermanentImpacts

PROJECT APPLICANT:

PROJECT NAME:

APN(s):

JURISDICTION:

DATE:

DEVELOPMENT FEE

ACREAGE

PERMANENTLY

IMPACTED (TABLE 1)1

2016 FEE PER ACRE

(SUBJECT TO CHANGE)2

Fee Zone 1 x $12,788.47 = $0.00Fee Zone 2 0.81 x $25,576.95 = $20,717.33Fee Zone 3 x $6,394.24 = $0.00

Fee Zone 43 x $19,182.71 = $0.00Development Fee Total = $20,717.33

WETLAND MITIGATION FEE

ACREAGE

PERMANENTLY

IMPACTED (TABLE 1)1

2016 FEE PER ACRE


x $95,601.46 = $0.00x $140,461.72 = $0.00x $325,600.04 = $0.00x $328,894.77 = $0.00x $178,180.49 = $0.00x $89,090.25 = $0.00x $129,841.87 = $0.00

STREAMS

LINEAR FEET

PERMANENTLY

IMPACTED (TABLE 1)

2016 FEE PER LINEAR FT


x $362.94 = $0.00

x $544.41 = $0.00

Wetland Mitigation Fee Total = $0.00

FEE REDUCTION4 Development Fee reduction for land in lieu of fee =Development Fee reduction (up to 33% ) for permanent assessments =

Wetland Mitigation Fee reduction for wetland restoration/creation performed by applicant =Reduction Total = $0.00

FINAL FEE CALCULATION Development Fee Total $20,717.33

Wetland Mitigation Fee Total + $0.00

Fee Subtotal = $20,717.33

+

= $20,717.33

4 Fee reductions must be reviewed and approved by the Conservancy.

Streams 25 feet wide or less

Seasonal Wetland

5 Conservancy requires PSEs to pay fees over and above permanent and temporary impact mitigation fees to cover indirect costs of extending permit coverage, including a portion of the costs of the initial preparation of the Plan, and a portion of the costs of conservation actions designed to contribute to species recovery. This amount will be determined by the Conservancy, in accordance with the implementation policy adopted by the Conservancy Governing Board.

PondsAquatic (open water)

Riparian woodland / scrubPerennial Wetland

Alkali Wetland

Slough / Channel

Template date: March 15, 2016

Contribution to Recovery5

Streams greater than 25 feet wide

1 Conservancy staff will consult the land cover map in the Final HCP/NCCP and will reduce the acreage subject to the Development Fee by the acreage of the subject property that was identified in the Final HCP/NCCP as urban, turf, landfill or aqueduct land cover.

TOTAL AMOUNT TO BE PAID

3 "Fee Zone 4" is not shown on Figure 9‐1 of the HCP/NCCP but refers to the fee applicable to those few covered acitivities located in northeastern Antioch (p. 9‐21).

2 The Conservancy Governing Board adopted a periodic fee audit, as required by the HCP/NCCP, on June 27, 2013. The fee schedule above is based on the periodic fee audit, as adopted on June 27, 2013 and subject to the annual automatic fee adjustment. Development fees are adjusted annually according to a formula that includes both a Home Price Index (HPI) and a Consumer Price Index (CPI). The Wetland Mitigation Fees are adjusted according to a CPI.

PG&E

PG&E Walnut Crossover Rebuild Project

August 10, 2016

Participating Special Entity

Walnut Crossover Work Area: 005‐110‐001‐4, Offsite Temporary Workspace: 005‐110‐003‐0

See appropriate ordinance or HCP/NCCP Figure 9‐1 to determine Fee Zone

Agenda Item 4a

ECCC HCP/NCCP 2016 Fee Calculator WorksheetTemporary Impacts

PROJECT APPLICANT: PROJECT NAME:

APN(s): JURISDICTION:

DATE:

TEMPORARYDEVELOPMENT FEE

ACREAGE TEMPORARILY

IMPACTED (TABLE 1)1

FEE PER ACRE(SUBJECT TO CHANGE)3

Fee Zone 1 x 2 / 30 x $12,788.47 = $0.00Fee Zone 2 1.43 x 3 / 30 x $25,576.95 = $3,657.50Fee Zone 3 x 2 / 30 x $6,394.24 = $0.00

Fee Zone 44 x 2 / 30 x $19,182.71 = $0.00Development Fee Total = $3,657.50

TEMPORARY WETLAND MITIGATION FEE

ACREAGE TEMPORARILY

IMPACTED (TABLE 1)1


x 5 / 30 x $95,601.46 = $0.00x 2 / 30 x $140,461.72 = $0.00x 2 / 30 x $325,600.04 = $0.00x 2 / 30 x $328,894.77 = $0.00x 2 / 30 x $178,180.49 = $0.00x 2 / 30 x $89,090.25 = $0.00x 2 / 30 x $129,841.87 = $0.00

STREAMS

LINEAR FEET TEMPORARILY

IMPACTED (TABLE 1)

FEE PER LINEAR FOOT(SUBJECT TO CHANGE)2

x 2 / 30 x $362.94 = $0.00

x 2 / 30 x $544.41 = $0.00






Fee Subtotal = $3,657.50+

= $3,657.50


YEARS OF DISTURBANCE

(MIN. SHOWN)2


(MIN. SHOWN)2


(MIN. SHOWN)2



Alkali WetlandSeasonal Wetland

See appropriate ordinance or HCP/NCCP Figure 9-1 to determine Fee Zone

Slough / Channel

PG&EPG&E Walnut Crossover Rebuild ProjectWalnut Crossover Work Area (existing access road to sniff holes): 005-110-001-4Participating Special EntityAugust 10, 2016


2 Years of disturbance is the number of calendar years in which the activity occurs. For activities that disturb soil, 1 year must be added to each activity interval to account for the longer delay in habitat recovery (e.g. X = 3 if the activity disturbs soil, lasts 2 years, and only occurs once in 30 years).






4 "Fee Zone 4" is not shown on Figure 9-1 of the HCP/NCCP but refers to the fee applicable to those few covered acitivities located in northeastern Antioch (p. 9-21).



Agenda Item 4a

ATTACHMENTE:WETLANDDELINEATION(ifapplicable)

Agenda Item 4a

Agenda Item #5

Page 1 of 7


DATE: August 22, 2016 TO: Governing Board FROM: Conservancy Staff (Joanne Chiu) SUBJECT: PSE Agreement Amendment with Contra Costa Generating Station RECOMMENDATION Consider the following actions related to extending take coverage to Contra Costa Generating Station, LLC for the Oakley Generating Station Project:

a. AUTHORIZE staff to execute a Third Amendment to the Participating Special Entity Agreement with Contra Costa Generating Station, LLC, provided the Wildlife Agencies concur with the agreement.

b. AUTHORIZE staff to file a Notice of Exemption for this Board action with the County

Clerk.

DISCUSSION ITEM (A) Background In March 2011, the Governing Board authorized staff to execute a Participating Special Entity (PSE) Agreement for take coverage of the ground-disturbing activities associated with the development, construction, and operation of the Oakley Generating Station and associated transmission line facilities (OGS Project).

CONTINUED ON ATTACHMENT: Yes ACTION OF BOARD ON: August 22, 2016 APPROVED AS RECOMMENDED:

OTHER:


John Kopchik, SECRETARY OF THE EAST CONTRA COSTA COUNTY HABITAT

CONSERVANCY

BY:____________________________________________________________, DEPUTY


Agenda Item #5

Page 2 of 7

The Oakley Generating Station will be a combined-cycle, natural gas-fired power plant with a gross nominal generating capacity of 624-megawatts (MW) that is owned by Contra Costa Generating Station LLC (CCGS). The OGS Project will consist of two natural gas-fired combustion turbines with heat recovery steam generators, a steam turbine, air-cooled condenser, and ancillary equipment. Power from the facility will be transmitted 2.4 miles to PG&E’s Contra Costa Substation on a new 230-kV single-circuit transmission line, as the OGS Project will replace the existing 60-kV line, located within an existing 80-foot-wide PG&E easement. Construction of this line will follow an existing PG&E transmission line right-of-way (ROW) and consists of replacing existing steel-lattice towers with tubular steel poles and reconductoring the line. The OGS Project includes construction of a new sanitary sewer force main from the project tie-in location on Bridgehead Road to the gravity main located in Main Street. Following Board approval for take coverage of the OGS Project on May 24, 2011, CCGS and the Conservancy entered into a PSE Agreement. Subsequently, CCGS paid all HCP/NCCP mitigation fees, a contribution to recovery, administrative costs, and a contribution to complementary conservation planning as required in the PSE Agreement. A Certificate of Inclusion authorizing activities to commence was issued on May 31, 2011. Shortly after earthwork began, a concern arose regarding possible impacts to the existing PG&E gas pipelines underneath the main site access road as a result of on-going construction traffic over these pipelines. Additionally, the applicant wanted to modify the impact footprint on the project site to allow for the removal of four eucalyptus trees on the eastern edge of the site, trimming of several eucalyptus trees to allow room to grade and install bio-swales and trimming/removal of dead trees within the construction laydown area for worker safety purposes.

First Amendment to the PSE Agreement and PSR Addendum 1.0

The applicant requested an amendment to the terms of the original PSE agreement between the Conservancy and CCGS. The applicant prepared Addendum 1.0 reflecting the modifications to the original Planning Survey Report (PSR) application. Addendum 1.0 included modifications that slightly increased the acreage totals for the project site, construction laydown area, and access roads. The permanent disturbance mitigation acreage increased 0.02-acre to allow for the removal of trees within the existing groves in the project construction laydown areas. The temporary mitigation acreage for the project site, construction laydown area, and access roads increased 1.32-acres under this addendum. The PSE Agreement amendment (First Amendment) reflected the change in the project description including an increase in development fees, contribution to recovery, and cap on administrative fees. Total fees (development fees plus contribution to recovery) increased from $530,441.06 to $533,881.38. Addendum 1.0 to the PSR application was incorporated into the amended PSE Agreement as an attachment. Following Board approval, the First Amendment to the PSE Agreement was fully executed and a new Certificate of Inclusion was issued on October 27, 2011.

Second Amendment to the PSE Agreement and PSR Addendum 2.0

In the fall of 2013, CCGS consulted with the Conservancy to request modifications to the OGS Project description associated with the Oakley-Contra Costa 230 kV transmission line that runs 2.4 miles south and west from the OGS site to the PG&E Contra Costa substation in Antioch. CCGS sought an amendment to the PSE Agreement (Second Amendment) in order to address

Agenda Item #5

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changes to the project description resulting from the advancement of PG&E’s detailed design for the Oakley-Contra Costa 230 kV transmission line. Addendum 2.0 to the PSR application detailed these changes, which included modifications of the interconnection with the Contra Costa Substation, removal of the 60 kV transmission lines from the GWF power plant to a tap on the Contra Costa-DuPont 60 kV line, removal of 60 kV lines to the DuPont substation, relocation and reconfiguration of previously identified pull sites, new temporary access roads, new temporary crossing structures, redesigned temporary work areas and changes to the location of transmission tower 2/21. These changes resulted in a net increase in impact acreage of 2.74 acres. The Second Amendment to the PSE Agreement reflected the change in the project description including an increase in temporary impact fees, contribution to recovery, and cap on administrative fees. Total fees (development fees plus contribution to recovery) increased from $533,881.38 to $539,191.44. Addendum 2.0 to the PSR application was incorporated into the amended PSE Agreement as an attachment. Following Board approval, the Second Amendment to the PSE Agreement was fully executed on December 13, 2013. A new Certificate of Inclusion has not been issued, as the payment of mitigation fees reflected in the Second Amendment to the PSE Agreement have not been paid by CCGS. Proposed PSE Agreement Third Amendment and PSR Addendum 3.0 The CCGS is requesting another amendment to the PSE Agreement (Third Amendment) in order to address changes in the project area along the Oakley-Contra Costa 230 kV transmission line. The changes to the project area include an increase to impacts on habitat types. In order to receive permit coverage under the HCP/NCCP by way of a Third Amendment, the Conservancy and CCGS must execute an amendment to the PSE Agreement obligating compliance with the applicable terms and conditions of the Implementing Agreement, the HCP/NCCP, and the state and federal permits. The proposed Third Amendment to the PSE Agreement for the OGS Project is attached to this staff report. Addendum 3.0 to the PSR application is incorporated into the Third Amendment to the PSE Agreement as Exhibit 1. Addendum 3.0 provides a detailed analysis of project area changes to the OGS Project. These changes are a result from minor refinements and additions to the generator tie-line design and construction plan that was being finalized by PG&E. It is necessary to modify the location of Tower 2/21 because of concern expressed by Delta Diablo Sanitation District (DDSD) that the previous alignment of the transmission line would negatively impact maintenance access to DDSD facilities. The Third Amendment does not require CCGS to conduct new planning-level surveys as the reconnaissance level surveys where new ground disturbing impacts will occur are still valid from the original PSR application. Furthermore, pre-construction surveys and avoidance, minimization, and construction monitoring requirements did not change as a result of the proposed Third Amendment. In addition to providing updated land cover and impact maps (Figure 3-a, Rev 3 “Land Cover Habitat Survey”), the applicant has also provided a set of maps that depict the OGS Project per the Second Amendment compared to the proposed Third Amendment (Figure 3-a, Rev 3 “Project Comparison”) in order to clearly depict how the project area is changing by way of the Third Amendment.

Agenda Item #5

Page 4 of 7

Key provisions of the PSE Agreement: The Third Amendment results in changes to the impact acres to be covered, these

changes are reflected in the tables below (see PSR Addendum 3.0): Summary of Acreages Involved in the Proposed Project by Project Element, Existing Permitted Per Addendum 2

Summary of Acreages Involved in the Proposed Project by Project Element, With Proposed Modifications of this

Addendum (Addendum 3) (shading indicates Addendum 3 change)

Summary of Acreages Involved in the Proposed Project by Project Element, Net Acreage Changes Resulting from

Modifications Proposed under Addendum 3

Agenda Item #5

Page 5 of 7

To date, CCGS has already submitted payment for $533,881.38, in accordance with the PSE Agreement and the First Amendment. CCGS has not provided the additional payment owed for the Second Amendment totaling $6,739.52.

The Third Amendment will require CCGS to submit payment of $1,473.17, which includes $473.17 in development fees and a contribution to recovery of $1,000.

o The Contribution to Recovery amount of $1,000 is consistent with the adopted Contribution to Recovery policy, approved by the Board in December 2013. As set forth in that policy, for projects with cumulative permanent development fees, temporary development fees, and wetland mitigation fees less than or equal to $1,000, the Conservancy will require a minimum contribution to recovery charge of $1,000.

The Conservancy will require CCGS to submit a fee payment totaling $8,212.69 before issuing a Certificate of Inclusion. This includes both temporary impact fees and Contribution to Recovery charges required from both the Second Amendment and the fees associated with the Third Amendment to the PSE Agreement. This payment amount is required before work commences on the portion of the OGS Project associated with the Second and Third amendments. These amounts are detailed in the summary chart below:

Project Element Development

Fee Temporary Impact Fee

Complimentary Conservation

Planning Contribution to Recovery Total

Original PSR $178,057.91 $52,383.15 $100,000.00 $200,000.00 $530,441.06 Addendum 1.0 $213.24 $1,506.92 - $1,720.16 $3,440.32 Addendum 2.0* $3,369.76 $3,369.76 $6,739.52 Addendum 3.0 - $473.17 - $1,000.00 $1,473.17 Total $178,271.15 $57,733.00 $100,000.00 $206,089.92 $542,094.07 * Addendum 2.0 fees have been updated to reflect 2016 fee/acre, as these fees have not been paid. Addendum 3.0 reflects updates from Addendum 2.0, and therefore, the applicant will be required to pay both fee amounts from Addendum 2.0 and Addendum 3.0. In addition, the CTR amount for Addendum 2.0 is based on the older CTR calculation, which required a CTR payment equal to its mitigation fees.

The Third Amendment to the PSE Agreement provides that CCGS will reimburse the

Conservancy for staff costs associated with processing the request for an amendment; up to a maximum reimbursement of $5,000 (the cap increases from the Second Amendment, from $52,000 to $57,000). Administrative costs will be submitted to the applicant monthly or quarterly and applicant shall remit payment of each invoice within 30 days of receipt.

Next steps: If the Conservancy Governing Board authorizes staff to execute a Third Amendment to the PSE Agreement, key next steps in granting take coverage would be as follows:

CCGS signs the Third Amendment.

Staff asks the USFWS and CDFW (collectively, “Wildlife Agencies”) to review the Third Amendment and PSR Addendum 3.0, and to concur that the Third Amendment and PSR Addendum 3.0 includes all applicable requirements of the HCP/NCCP with regard to the OGS Project and imposes a duty on CCGS to

Agenda Item #5

Page 6 of 7

implement them. If, and only if, the Wildlife Agencies concur, and the California Energy Commission approves the OGS Project as described in the Third Amendment and PSR Addendum 3.0 and based on the findings consistent with the Final Staff Assessment provided to the Conservancy, the Executive Director of the Conservancy will sign the Third Amendment. Note: PSE agreements and any amendments thereof, unlike the granting of take authorization by a participating City or County, require concurrence from the Wildlife Agencies.

CCGS pays all required mitigation, contribution to recovery, and administrative costs, as outlined in the Third Amendment.

The Conservancy issues CCGS an updated Certificate of Inclusion consistent with the Third Amendment. Take authorization would then be in effect, subject to the terms of the PSE Agreement, First, Second, and Third amendments, and the Certificate of Inclusion.

CCGS conducts pre-construction surveys to determine which species-specific avoidance and minimization measures are required during construction.

CCGS develops and submits a construction monitoring plan to the Conservancy in accordance to Section 6.3.3 of the HCP/NCCP.

CCGS implements the Project subject to the terms of the Third Amendment.

Item B: California Environmental Quality Act (CEQA) The Board’s decision to authorize the Executive Director to execute a Third Amendment to the PSE Agreement and to extend take authorization to CCGS for the OGS Project is exempt from CEQA pursuant to a statutory exemption for public agency actions relating to thermal powerplant sites or facilities. (Pub. Resources Code section 21080 (b)(6); Cal. Code Regs., tit. 14, §15271.) For purposes of the OGS Project, the California Energy Commission (Energy Commission) is the CEQA lead agency and has exclusive jurisdiction. The Energy Commission’s regulatory program has been certified by the California Natural Resources Agency to be the functional equivalent of the CEQA environmental review process, and CEQA requirements pertaining to environmental impact reports and negative declarations therefore generally do not apply to the Energy Commission. Instead, the Energy Commission prepares “Staff Assessments” to analyze the potential environmental impacts of proposed projects. The Staff Assessment for the OGS Project is CEC Docket Number 09-AFC-4. Because the OGS Project is the subject of an environmental analysis prepared by the Energy Commission pursuant to a certified regulatory program, CEQA does not apply to the Conservancy’s decision to enter into a Participating Special Entity Agreement, process amendments to the PSE Agreement, or to issue a Certificate of Inclusion for the OGS Project. However, because the Third Amendment includes a slight increase in habitat disturbance and acres to be covered under the HCP/NCCP incidental take permit, Conservancy staff decided to wait for the Energy Commission’s determination of the amendment. On August 11, 2016, the Energy Commission issued their Notice of Determination, which included a statement that CCGS would pay additional mitigation fees to the Conservancy to satisfy Condition of

Agenda Item #5

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Certification BIO-21, and concluded with the following findings:

The modifications will not have any significant effect on the environment;

The existing conditions of the certification to cover the proposed modifications without changes to, or deletions of, any conditions of certification; and

The project as modified will maintain full compliance with applicable laws, ordinances, regulations, or standards.

Receiving take coverage for the additional areas of impacts and submission of appropriate HCP/NCCP mitigation fees will ensure these additional impacts are fully mitigated without change to or deletions of any conditions of certification by the Energy Commission. Attachments:

Attachment A – PSE Agreement, Third Amendment, including: Main body of Third Amendment PSR Application Addendum 3.0

Attachment B – Energy Commission Determination

1

THIRD AMENDMENT

TO THE PARTICIPATING SPECIAL ENTITY AGREEMENT OF THE EAST CONTRA COSTA COUNTY HABITAT CONSERVATION PLAN/

NATURAL COMMUNITY CONSERVATION PLAN AND GRANTING TAKE AUTHORIZATION

Between

the EAST CONTRA COSTA COUNTY HABITAT CONSERVANCY, the Implementing Entity, and

CONTRA COSTA GENERATING STATION, LLC, a Participating Special Entity

RECITALS

The Participating Special Entity Agreement between the East Contra Costa County Habitat Conservancy (“Conservancy”) and Contra Costa Generating Station, LLC (“Participating Special Entity” or “PSE”) was entered into May 24, 2011, and amended by the First Amendment to the Participating Special Entity Agreement on October 14, 2011 and the Second Amendment to the Participating Special Entity Agreement on January 13, 2014. The Participating Special Entity Agreement, as amended by the First Amendment and Second Amendment, is referred to herein as the “PSE Agreement”.

The PSE Agreement provides, in Section 10.4, that it may be amended with the written consent of both parties.

The Conservancy and the PSE wish to amend the terms of the PSE Agreement to reflect modifications to the project footprint as a result of minor refinements and additions to the generator tie-line design and construction plan being finalized by PG&E and a corresponding increase in fees by way of this third amendment (the “Third Amendment”).

AMENDMENT

A. The Conservancy and the PSE agree to amend the PSE Agreement as follows:

1. The attached Planning Survey Report Addendum 3.0 is added to and incorporatedwithin Exhibit 1.

2. Section 2.7 of the Agreement is amended as follows:

PSE proposes to implement the Oakley Generating Station Project (“OGS Project”) and seeks extension of the Conservancy’s permit coverage for the OGS Project,

Agenda Item 5a

2

construction and operation of the Oakley Generating Station and associated transmission line facilities, as further described in the Application, as defined below in Section 3.1. Exhibit 1, Addendum 1.0, and Addendum 2.0. The OGS Project will may be purchased and operated by Pacific Gas & Electric Company (“PG&E”), or an entity other than PSE, in which case and this Agreement anticipates that PSE will may assign its rights under this Agreement to PG&E, or other entity, in accordance with the requirements of Section 10.14 of this Agreement.

3. Section 2.8 of the PSE Agreement is amended as follows:

The Conservancy has concluded, based on the terms of this Agreement and the Aapplication submitted by PSE, as defined below in Section 3.1 (the “Application”), that PSE has provided adequate assurances that it will comply with all applicable terms and conditions of the IA, the HCP/NCCP, and the Permits. The Application is attached hereto as Exhibit 1, Addendum 1.0, and Addendum 2.0 and is hereby incorporated into this Agreement by reference.

4. Section 3.1 of the PSE Agreement is amended as follows:

“Application” means the application submitted by the PSE in accordance with Chapter 8.4 of the HCP/NCCP, and which is attached hereto as Exhibit 1., Addendum 1.0, and Addendum 2.0. The Application contains a cover sheet, the results of required planning surveys and the avoidance, minimization and mitigation measures that will be a condition of the PSE using Conservancy’s Permits, and includes Addendum 1.0, Addendum 2.0 and Addendum 3.0.

5. Section 5.4 is amended as follows:

As set forth in the Application, PSE agrees to pay the Conservancy a one-time payment of $539,191.44 $542,094.07 which amount includes all HCP/NCCP mitigation fees necessary for the OGS Project. The payment also includes an amount sufficient to implement additional actions that will contribute to the recovery of endangered and threatened species (“Contribution to Recovery”) and an amount that will be used to fund additional conservation planning in or near the HCP/NCCP area that will complement the HCP/NCCP and benefit species covered by the HCP/NCCP (“Complementary Conservation Planning”). The overall payment amount is a summation of the following mitigation fees and dedications:

HCP/NCCP mitigation fees:

Development Fee: $178,271.15

Temporary Impact Fee: $56,545.10 $57,733.00

Contribution to Recovery: $204,375.19 $206,089.92

Contribution to Complementary Conservation Planning: $100,000.00

Agenda Item 5a

3

To date the Participating Special Entity has submitted payment for $533,881.38 in accordance with the PSE Agreement and First Amendment. The additional payment for the Second Amendment and Third Amendment totals $5,310.06 $8,212.69. The additional payment for the Second Amendment and Third Amendment must be paid in full before any ground-disturbance associated with described in Addendum 2.0 and Addendum 3.0 occurs. Notwithstanding the above, the Parties acknowledge that the Conservancy adjusts its fee schedule annually on March 15 of each year in accordance with the fee adjustment provisions of Chapter 9.3.1 of the HCP/NCCP. If PSE pays the additional payment for the Second Amendment and Third Amendment before March 15, 2014 2017 and construction of the portion of the OGS Project associated with Addendum 2.0 and Addendum 3.0 commences before March 15, 2014 2017, the amount due will be as stated above. If PSE pays on or after March 15, 2014 2017 or construction of the portion of the OGS Project associated with Addendum 2.0 and Addendum 3.0 does not commence before March 15, 2014 2017, the amount due will be subject to the annual fee adjustments for the Development Fee and the Temporary Impact Fee, and subject to annual adjustments of the Contribution to Recovery and the Contribution to Complementary Conservation Planning based on the formula set forth in Chapter 9.3.1 for the HCP/NCCP wetland mitigation fee. Based on these adjustments, if PSE pays before March 15 of any year, but construction does not commence before March 15 of that year, PSE will either be required to submit an additional payment for any increases or be entitled to a refund without interest for any decreases.

6. Section 7.6 is amended as follows:

PSE shall compensate the Conservancy for its direct costs associated with this Agreement, including but not limited to, staff, consultant and legal costs incurred as a result of the review of the Application, drafting and negotiating this Agreement, monitoring and enforcement of this Agreement, and meetings and communications with PSE (collectively, Conservancy’s “Administrative Costs”). Conservancy’s Administrative Costs shall not exceed $52,000 $57,000 in the aggregate. Conservancy acknowledges and agrees that PSE has paid $35,000 toward the Conservancy’s Administrative Costs as of the Effective Date. Conservancy shall provide PSE with invoices detailing its Administrative Costs monthly or quarterly, at Conservancy’s discretion. PSE shall remit payment of each invoice within thirty (30) days of receiving it.

B. This Third Amendment may be executed in counterparts.

C. All other terms and conditions of the PSE Agreement shall remain as originally agreed.

D. The Conservancy shall issue a Certificate of Inclusion pursuant to Section 6.1 of the PSE Agreement that is revised to incorporate reference to this Second Amendment.

Agenda Item 5a

4

E. This Third Amendment shall take effect on the date after both the Conservancy and PSE have executed this Third Amendment.

IN WITNESS WHEREOF, the Conservancy and PSE hereto execute this Third Amendment.

THE EAST CONTRA COSTA COUNTY HABITAT CONSERVANCY

Dated: By: ABIGAIL FATEMAN, Executive Director

CONTRA COSTA GENERATING STATION, LLC (CCGS)

Dated: By: JAMES MCLUCAS, Secretary

Agenda Item 5a

P S R A d d e n d u m

Participating Special Entity Planning Survey Report Addendum 3.0

To Comply with and Receive Permit Coverage under the East Contra Costa County Habitat Conservation Plan and Natural Community Conservation Plan

for the

Oakley Generating Station (09-AFC-4C)

Submitted to:

East Contra Costa County Habitat Conservancy

May 2016

Submitted by:

With Technical Assistance by:

2485 Natomas Park Drive Suite 600 Sacramento, CA 95833

Exhibit 1(Partial - PSR Application, Addendum 1.0, and Addendum 2.0 is on file with the East Contra Costa County Habitat Conservancy and available if requested.)

Agenda Item 5a

OGS_PSR_ADDENDUM3_05 05 2016 iii

Contents

Section Page

Executive Summary ................................................................................................................................. v

1.0 Proposed Modifications (PSR Section I) ............................................................................................. 1-1 1.1 Background ..................................................................................................................................... 1-1 1.2 Overview of Modifications .............................................................................................................. 1-2 1.3 Proposed Project Description Modifications .................................................................................. 1-2

1.3.1 Transmission Line Corridor ................................................................................................. 1-2 1.3.2 Transmission Line Pull Site ................................................................................................. 1-3 1.3.3 Structure Work Area .......................................................................................................... 1-3

2.0 Land Cover Types (PSR Section II) ..................................................................................................... 2-1

3.0 Preconstruction Survey Results for Selected Covered Wildlife (PSR Section III) .................................... 3-1

4.0 Landscape and Natural Community-Level Avoidance and Minimization Measures (PSR Section IV) ....... 4-1

5.0 Mitigation Measures (PSR Section V) ................................................................................................ 5-1

Tables (Please note that Table Numbers reference those in the initial PSR and previous Addendums)

I.1a, Rev 3 Summary of Acreages Involved in the Proposed Project by Project Element, Existing Permitted per Addendum 2

I.1b, Rev 3 Summary of Acreages Involved in the Proposed Project by Project Element, With Proposed Modifications of this Addendum (Addendum 3)

I.1c, Rev 3 Summary of Net Acreage Changes in the Proposed Project by Project Element, Net Acreage Changes Resulting from Modifications Proposed Under Addendum 3

A2-1a, Rev 3 Acreage Modifications by Fee Zone, Addendum 2 A2-1b, Rev 3 Acreage Modifications by Fee Zone, Proposed per Addendum 3 A2-1c, Rev 3 Acreage Modifications by Fee Zone, Net Change Resulting from Addendum 3 Proposal ES-1, Rev 3 Summary of East Contra Costa County HCP/NCCP Fees for the Oakley Generating Station I.5, Rev 2 New Transmission Line Corridor Modifications, by Habitat Cover Category I.6, Rev 3 Total Transmission Line Pull Site Acreage Outside the T-Line ROW, by Habitat Cover

Category I.8, Rev 1 Total Structure Work Area Acreage Outside the T-Line ROW, by Habitat Cover Category A2-6 Land Use Cover Type Acreage Increases Under Addendum 3 1, Rev 3 Revised Habitat Cover Type Acreages

Figures (Attached at the end of the Document)

A3a-c Comparison of Addendum 3 Project Elements with Previous Plan 1b, Rev 3 Project Location 3a-c, Rev 3 Land Cover Habitat Survey 4, Rev 3 Transmission Tower Locations 5, Rev 3 Special-Status Species within the OGS Survey Area

Agenda Item 5a

CONTENTS

iv OGS_PSR_ADDENDUM3_05 05 2016

Attachment

Temporary Fee Calculation Exhibits (for Addendum 2.0, revised, and Addendum 3.0)

Agenda Item 5a

OGS_PSR_ADDENDUM3_05 05 2016 v

Executive Summary

The purpose of this filing is to request the East Contra Costa County Habitat Conservancy’s (Conservancy) approval to amend the Planning Survey Report (PSR) for the Contra Costa Generating Station, LLC’s (CCGS LLC’s) Oakley Generating Station to address a change in the location of transmission tower 2/21 resulting in a minor change in the transmission line right-of-way and the pull site configuration for this tower.

Figure A3 shows the locations of the new features, compared with the footprint of the project per the existing (per Addendum 2) approval. Tables revised as part of the proposed changes have been included in this addendum and a revision number has been added to identify that changes have been made from the PSR and previous Addendum. For example, Table I.1, Rev 03 presents the third revised summary of acreages by project element. Table I.1 is shown in three parts, for clarity. Table I.1a provides the acreages by project element as proposed under previous Addendum 2. Table I.1b shows the acreages by project element proposed under this Addendum (Addendum 3). Table I.1c shows the acreage increases due to the proposed Addendum 2 modifications, by project element (Table 1b minus Table 1a).

Table I.1a, Rev03 Summary of Acreages Involved in the Proposed Project by Project Element, Existing Permitted Per Addendum 2a

Project Element

Permanent Disturbance

(Acres)

Temporary Disturbance

(Acres)

Paved/Urban Surfaces (Acres)

Exempt Acreage (Acres) Total

Project Site 16.72 0.82 2.82 1.6 21.96

Construction Laydown Area 0 13.93 11.45 0.13 25.51

Soil Stockpile Area 0 5 2.22 0 7.22

Access Roads (DuPont Property) 0 0.21 2.01 0 2.22

Force Main Sewer Line ROW 0 0 1.52 0 1.52

T-Line Access Roads Outside T-Line ROW 0 1.9 0.51 0 2.41

T-Line ROW 0 18.72 4.6 0.18 23.5

T-Line ROW Modification/Additionb 0 0 0 0 0

T-Line Pull Sites Outside T-Line ROW 0 0.44 0.11 0 0.55

Structure Work Areas Outside T-Line ROW 0 0.76 0.47 0 1.23

Total (Addendum 2) 16.72 41.78 25.71 1.91 86.12 aThe project elements that are subject to acreage changes in Addendum 3 are highlighted. b T-line modifications are listed separately for consistency with the Addendum #2. T-Line modifications done under Addendum 2 have been incorporated into the T-Line ROW entry to more clearly show the Addendum 3 modifications.

Agenda Item 5a

EXECUTIVE SUMMARY

vi OGS_PSR_ADDENDUM3_05 05 2016

Table I.1b, Rev03 Summary of Acreages Involved in the Proposed Project by Project Element, With Proposed Modifications of this Addendum (Addendum 3) (shading indicates Addendum 3 change)

Project Element


(Acres)


(Acres)



Project Site 16.72 0.82 2.82 1.6 21.96

Construction Laydown Area 0 13.93 11.45 0.13 25.51

Soil Stockpile Area 0 5 2.22 0 7.22

Access Roads (DuPont Property) 0 0.21 2.01 0 2.22

Force Main Sewer Line ROW 0 0 1.52 0 1.52

T-Line Access Roads Outside T-Line ROW 0 1.9 0.51 0 2.41

T-Line ROW 0 18.72 4.6 0.18 23.5

T-Line ROW Modifications/Additions 0 0.24 -0.51 0 -0.27

T-Line Pull Sites Outside T-Line ROW 0 0.44 0.02 0 0.46

Structure Work Areas Outside T-Line ROW 0 0.76 0.96 0 1.72

New Totals (per Addendum 3) 16.72 42.02 25.6 1.91 86.25

Total Net Elements Having Changes 0 1.44 0.47 0 1.91

Table I.1c, Rev03 Summary of Acreages Involved in the Proposed Project by Project Element, Net Acreage Changes Resulting from Modifications Proposed under Addendum 3

Project Element


(Acres)


(Acres)



Project Site - - - - -

Construction Laydown Area - - - - -

Soil Stockpile Area - - - - -

Access Roads (DuPont Property) - - - - -

Force Main Sewer Line ROW - - - - -

T-Line Access Roads Outside T-Line ROW - - - - -

T-Line ROW - - - - -

T-Line ROW Modifications/Additions 0 0.24 -0.51 0 -0.27

T-Line Pull Sites Outside T-Line ROW 0 0 -0.09 0 -0.09

Structure Work Areas Outside T-Line ROW 0 0 0.49 0 0.49

Net Change (Addendum 3 minus Previous) 0 0.24 -0.11 0 0.13

Acreage reductions—There would be a net change of urban environments of -0.11 acres due to a reduction in total T-line ROW and the removal of one pull site.

Acreage increases—There would be a increases in ruderal impacts of 0.24 acre.. There is a net increase of 0.13 acres, compared with the current configuration (after Addendum 2).

Agenda Item 5a

EXECUTIVE SUMMARY

OGS_PSR_ADDENDUM3_05 05 2016 vii

Calculating the additional ECCCHCP mitigation fee involves one additional step— that of taking into consideration the fee zone in which the changes (both acreage reductions and increases) have taken place. Table A2-1a-c summarizes the acreage changes, by fee zone and project element. Table A2-1a shows the existing planned acreages (under Addendum 2) for the project design elements that are proposed to experience changes or modifications under Addendum 3. Table A2-1b shows the acreages by fee zone and project design element as proposed under this Addendum. Table A2-1c shows the difference between these two, which is the basis for calculating the incremental fee required under Addendum 3.

TABLE A2-1a Acreage Modifications by Fee Zone - Addendum 2

Project Design Element Total Area (Acres)

Area Inside ESA Fencing (Exempt

Acres)

Mitigation Acres Required (minus

Urban and Exempt)

Fee Zone I: T-Line ROW modification 0 0 0

T-line Pull Sites outside the ROW 0.16 0 0.16

Structure Work Areas outside the ROW 0.17 0 0.05

Zone I total 0.33 0 0.21

Fee Zone IV: T-Line ROW modification 0 0 0

T-line Pull Sites outside the ROW 0.4 0 0.28

Structure Work Areas outside the ROW 1.05 0 0.7

Zone IV total 1.45 0 0.98

Overall Total 1.78 0 1.19

TABLE A2-1b Acreage Modifications by Fee Zone - Proposed Under Addendum 3



Acres)


Urban and Exempt)

Fee Zone I: T-Line ROW modification 0.05 0 -0.02 T-line Pull Sites outside the ROW 0.16 0 0.16 Structure Work Areas outside the ROW 0.17 0 0.05

Zone I total 0.38 0 0.19 Fee Zone IV: T-Line ROW modification -0.32 0 0.26 T-line Pull Sites outside the ROW 0.31 0 0.29 Structure Work Areas outside the ROW 1.54 0 0.7



Agenda Item 5a

EXECUTIVE SUMMARY

viii OGS_PSR_ADDENDUM3_05 05 2016

As shown below, the basis for the temporary impact fee calculations is -0.02 acres in Zone I and 0.26 acres in Zone IV.

The resulting mitigation requirement would increase the temporary impact fee by $473.17. Table ES-1, Rev2 provides a summary of the original PSR fees, the fees associated with Addendums 1.0, 2.0, and 3.0. This table shows a minor revision to the Addendum 2.0 fees, as well, based on updated fee schedules.

Table ES-1, Rev3 Summary of East Contra Costa County HCP/NCCP Fees for the Oakley Generating Station

Project Element Development Fee

Contribution to Recovery

Complimentary Conservation

Planning

Temporary Impact Fee Total

Original PSR $178,057.91 $200,000.00 $100,000.00 $52,383.15 $530,441.06

Addendum 1.0 $213.24 $1,720.16 $0.00 $1,506.92 $3,440.32

Addendum 2.0 $0.00 $3,369.76 $0.00 $3,369.76 $6,739.52

Addendum 3.0 $0.00 $1,000 $0.00 $473.17 $1,473.17

Total $178,271.15 $206,089.92 $100,000.00 $57,733.00 $542,094.07

Note on Rounding Error:

Please note that there are minor discrepancies of 0.01 or 0.02 acres in some of the acreages listed in the Executive Summary tables and subsequently in the tables on the following pages. These are the result of rounding error that results from reducing numbers at six decimal places to numbers at two decimal places. The tables were produced by copying measurements of GIS coverage shape areas from the GIS into a computer spreadsheet and adding formulas to create sums in the tables, and then copying the tables and

TABLE A2-1c Acreage Modifications by Fee Zone - Net Change Resulting from Addendum 3 Proposal



Acres)


Urban and Exempt)

Fee Zone I: T-Line ROW modification 0.05 0 -0.02

T-line Pull Sites outside the ROW 0 0 0

Structure Work Areas outside the ROW 0 0 0

Zone I total 0.05 0 -0.02

Fee Zone IV: T-Line ROW modification -0.32 0 0.26

T-line Pull Sites outside the ROW -0.09 0 0.0

Structure Work Areas outside the ROW 0.49 0 0



Agenda Item 5a

EXECUTIVE SUMMARY

OGS_PSR_ADDENDUM3_05 05 2016 ix

sums to the document. The numbers input to the spreadsheet from GIS are provided to six decimal places and were rounded to two decimal places for readability, but this did introduce minor rounding error.

Agenda Item 5a

OGS_PSR_ADDENDUM3_05 05 2016 1-1

SECTION 1

Proposed Modifications (PSR Section I)

1.1 Background On May 18, 2011, the California Energy Commission (CEC) approved and licensed the Oakley Generating Station (OGS), owned by Contra Costa Generating Station LLC (CCGS LLC). As part of the CEC Conditions of Certification, CCGS LLC also received permit coverage as a Participating Special Entity (PSE) under the East Contra Costa County Habitat Conservation Plan and Natural Community Conservation Plan (HCP/NCCP) on May 24, 2011, and was issued a Certificate of Inclusion on May 31, 2011.

As previously described in the original Planning Survey Report (PSR), the OGS will be a natural-gas-fired, combined-cycle electrical generating facility rated at a gross nominal generating capacity of 624 megawatts. The facility is located at 5950 Bridgehead Road in Oakley, on a 21.95-acre parcel that was formerly part of a larger 210-acre parcel owned by E. I. du Pont de Nemours and Company (DuPont). The project site is located at the western city limits of Oakley, adjacent to the eastern city limits of Antioch in Contra Costa County.

Addendum 1—An addendum was prepared in 2011 (Addendum 1.0), which included modifications that slightly increased the acreage totals for the project site, construction laydown area, and access roads. The permanent disturbance mitigation acreage increased 0.02-acre to allow for the removal of trees within the existing groves in the project construction laydown areas. The temporary mitigation acreage for the project site, construction laydown area, and access roads increased 1.32-acres under this addendum. The addendum resulted in an increase of the mitigation requirement cost by $1,720.16.

Addendum 2—A second addendum was prepared in 2013 (Addendum 2.0), which involved modification of the interconnection with the Contra Costa Substation, removal of the 60 kV transmission lines from the GWF power plant to a tap on the Contra Costa-DuPont 60 kV line, removal of 60 kV lines to the DuPont substation, relocation and reconfiguration of previously identified pull sites, new temporary access roads, new temporary crossing structures, redesigned temporary work areas and changes to the location of transmission tower 2/21. These changes resulted in a net increase in impact acreage of 2.74 acres and an increase of the mitigation requirement cost by $3,369.76.

Addendum 3—The purpose of this Addendum 3 filing is to request the East Contra Costa County Habitat Conservancy’s (Conservancy) approval to amend the PSR to address the proposed changes to the OGS project description. The need for the proposed changes was not known to CCGS LLC at the time of the issuance of the PSE and Certificate of Inclusion for OGS. These changes result from minor refinements and additions to the generator tie-line design and construction plan being finalized by PG&E. It is necessary to modify the location of Tower 2/21 because of concern expressed by Delta Diablo Sanitation District (DDSD) that the previous alignment of the transmission line would negatively impact maintenance access to DDSD facilities. These changes resulted in a net increase in impact habitat acreage of 0.24 acres and an increase of the mitigation fee by $473.17.

The proposed project site description and impact areas would be the same as the approved PSR with the exception of the proposed modifications detailed in this document. A complete description of the proposed changes and the resulting impacts on the original PSR and Certificate of Inclusion are described in the following sections.

Agenda Item 5a

SECTION 1: PROPOSED MODIFICATIONS (PSR SECTION I)

1-2 OGS_PSR_ADDENDUM3_05 05 2016

1.2 Overview of Modifications CCGS LLC proposes to amend the Conservancy PSR to address design changes identified as engineering design has been further refined by PG&E. Proposed design changes to the OGS project description include moving the location of transmission tower 2/21 approximately 250 feet south within the ROW. This will cause a minor realignment in the ROW between towers 2/21 and 2/22. The pull site and work areas will be reconfigured slightly to match the new location.

Figures revised as part of the proposed changes are included in this addendum, and a revision number is added to identify that changes have been made. PSR Figures 1b; 3-a, 3-b, 3-c; 4, and 5, were updated to Revision 3 reflect the changes.

1.3 Proposed Project Description Modifications 1.3.1 Transmission Line Corridor Tower 2/21 (1E in a previous tower numbering system) is the northernmost tower in the ROW before the corridor turns east into the Oakley Generating Station. Cellular phone equipment was installed on this tower after 2011, when the PSR was last amended, and a small service building has been added at the base of the tower. Under Addendum 2, PG&E agreed to move the new tower location 30 feet to the north to accommodate the new service building. This location is no longer available, and PG&E proposes to move the tower location 225 feet south of the original location.

Table I.5, Rev2 New Transmission Line Corridor ROW Modifications, by Habitat Cover Categorya

Habitat Cover Total Area

(Acres)

Area Inside ESA Fencing

(Acres) Mitigation

Acres Required

Years of Disturbance (minimum is 2 years per guidelines) Fee Zone

Fee Zone I

Ruderal -0.02 0 -0.02 3 I

Urban 0.07 0 - 3 I

Vineyard 0.00 0 0.00 3 I

Total (Fee Zone I) 0.05 0 -0.02

Fee Zone IV

Ruderal 0.26 0 0.26 3 IV

Urban -0.58 0 - 3 IV

Vineyard 0.00 0 0 3 IV

Total (Fee Zone IV) -0.32 0 0.26

Additional ROW Acres -0.27 0 0.24

Previous Total, ROW 23.50 0.18 18.72

New Total ROW acres 23.23 0.18 18.96 a This table shows only the T-Line ROW changes resulting from Addendum 3, for consistency with PSR Addendum 2.0. Cumulative (initial, plus Addendums 1.0 and 2.0) acreages are not shown on this table.

Agenda Item 5a

SECTION 1: PROPOSED MODIFICATIONS (PSR SECTION 1)


1.3.2 Transmission Line Pull Site Proposed modifications include changes the elimination of former pull site 2/21 and its replacement with a new pull site located entirely within structure work area WA-40 that, for the purposes of this PSR, is subsumed in WA-40.

TABLE I.6a, Rev3 Total Transmission Line Pull Site Impacts Outside the T-Line ROW, by Habitat Cover Category


(Acres)


(Acres)

Mitigation Acres

Required

Years of Disturbance

(minimum is 2 per guidelines) Fee Zone

Fee Zone I Ruderal 0 0 0 3 I

Urban 0 0 - 3 I

Vineyard 0.16 0 0.16 3 I

Total (Fee Zone I) 0.16 0 0.16

Fee Zone IV Ruderal 0.28 0 0.28 3 IV

Urban 0.02 0 - 3 IV

Vineyard 0 0 0 3 IV

Total (Fee Zone IV) 0.30 0 0.28

Total Acres 0.46 0 0.44

Previous Total 0.55 0 0.44

Net Change -0.09 0 0

1.3.3 Structure Work Area As stated above, pull site 2-21 has been subsumed into the irregularly shaped, reconfigured WA-40.

Table I.8, Rev 1 Total Structure Work Areas Outside the T-Line ROW, by Habitat Cover Category


(Acres)


(Acres)

Mitigation Acres

Required

Years Disturbance


Fee Zone I Ruderal 0.05 0 0.05 3 I

Urban 0.12 0 - 3 I

Vineyard 0 0 0 3 I

Total (Fee Zone I) 0.17 0 0.05 Ruderal 0.5 0 0.51 3 IV

Urban 0.84 0 - 3 IV

Vineyard 0.2 0 0.2 3 IV

Total (Fee Zone IV) 1.54 0 0.71

Agenda Item 5a

SECTION 1: PROPOSED MODIFICATIONS (PSR SECTION I)


Table I.8, Rev 1 Total Structure Work Areas Outside the T-Line ROW, by Habitat Cover Category


(Acres)


(Acres)

Mitigation Acres

Required

Years Disturbance


Total Acres 1.71 0 0.76

Previous Total 1.22 0 0.76

Net Change 0.49 0 0

Agenda Item 5a


SECTION 2

Land Cover Types (PSR Section II)

Changes to the land cover types associated with the proposed modifications include the ruderal and urban land cover types for the T-Line ROW modifications, T-Line pull site removal, and new structure work area. Therefore, only the acreage totals for these two land cover categories have been updated in Table 1, Rev 03 (following page).

The modifications proposed in this Addendum resulted in both reductions and additions in acreages (removal of one pull site and portions of the T-Line ROW and addition of new T-Line ROW area and a structure work area). There is an overall net increase of approximately 0.13 acres (see also Table I.1c Rev 3) and a net increase in habitat (non-urban) affected of 0.24 acres.

Table A2-6 concerns only the column furthest to the right in PSR Table 1 (“Impacts on the Electrical Transmission Line Route, Pull Sites, Access Roads, Work Areas, and Force Main, Acreage of Land to be ‘Temporarily Disturbed’ by Project”), because this is the only column for which the land use cover acreages will change as a result of the modifications proposed under Addendum 3. The table shows how this column of the previous table (Table 1, Rev02) that accompanied Addendum 2 has been incremented. Table 1, Rev3 is on the following page.

See updated Figure 3a-c, Rev 03, Land Cover Habitat Survey.

The proposed modifications would not cause any permanent impacts or affect jurisdictional wetlands and waters, nor would they change the species-specific planning survey requirements, including covered and no-take plants.

Table A2-6 Land Use Cover Type Acreage Increases Under Addendum 3*

Land Use Cover Type Acreage under Addendum 2

Acreage Under Addendum 3

Acreage Increase, Addendum 3

Ruderal 3.14 3.38 0.24

Urban 3.01 2.90 -0.11

Total 6.15 6.28 0.13

Agenda Item 5a

SECTION 2: LAND COVER TYPES (PSR SECTION II)


TABLE 1, Rev 03 Revised Land Cover Type Acreages

Land Cover Type (acres, except where noted)

Impact Acres on the following segments of the Project: Project Site,

Laydown Areas, and Soil Stockpile Areas

Impacts on the Electrical Transmission Line Route, Pull Sites, Access Roads, Work Areas,

and Force Main

Acreage of Land to be “Permanently

Disturbed” by Project

Acreage of Land to be

“Temporarily Disturbed” by

Project

Acreage of Land to be “Permanently


Acreage of Land to be “Temporarily


Irrigated agriculture:

Vineyard 13.9 0 0 5.48 Grassland:

Ruderal 2.7 18.6 0 16.57

TOTAL 16.72 19.96 0 22.05

Urban 2.8 15.67 0 7.13

TOTAL (*Developed acre types) 2.8 15.67 0 7.13

TOTAL 16.72 19.96 0 22.05

(Acre to be impacted, minus the developed acre types)

Agenda Item 5a


SECTION 3

Preconstruction Survey Results for Selected Covered Wildlife (PSR Section III)

New elements associated with this addendum do not introduce new species or impacts and will take place in previously surveyed areas. There are no newly designated special status species in the region that are known to occur within or near the project boundary.

Agenda Item 5a


SECTION 4

Landscape and Natural Community-Level Avoidance and Minimization Measures (PSR Section IV)

The proposed modifications would not alter the implementation of the following HCP/NCCP conservation measures listed in the March 2011 PSR:

• Conservation Measure 1.11 – Avoid Direct Impacts on Extremely Rare Plants, Fully Protected Wildlife Species, or Covered Migratory Birds

• Conservation Measure 1.7 – Establish Stream Setbacks • Conservation Measure 2.12 – Wetland, Pond, and Stream Avoidance and Minimization • Conservation Measure 1.6 – Minimize Development Footprint Adjacent to Open Space • Conservation Measure 1.8 – Establish Fuel Management Buffer to Protect Preserves and Property • Conservation Measure 1.9 – Incorporate Urban-Wildland Interface Design Elements • Conservation Measure 1.10 – Maintain Hydrologic Conditions and Minimize Erosion • Conservation Measure 1.12 – Implement Best Management Practices for Rural Road Maintenance • Conservation Measure 1.13 – Implement Best Management Practices for Flood Control Facility

Maintenance • Conservation Measure 1.14 – Design Requirements for Covered Roads outside the Urban Development

Area

Agenda Item 5a


SECTION 5

Mitigation Measures (PSR Section V)

The temporary impact on habitat acreage increase by 0.24 acres resulting in an increase in the mitigation fee by $473.17 and the Contribution to Recovery by $1,000 for a total payment owed under the Second Addendum in the amount of $1,473.17. The temporary fee calculation Exhibit 2 is included as an attachment to this addendum (calculations sheets are included for Addendums 2.0, revised, and 3.0).

Agenda Item 5a

Figures

Agenda Item 5a

Figure A3-a, Rev 3Comparison of Amendment 3Project Elements with Previous PlanEastern Contra Costa County Habitat Conservation PlanOakley, California

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Agenda Item 5a

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Agenda Item 5a

Figure A3-c, Rev 3Comparison of Amendment 3Project Elements with Previous PlanEastern Contra Costa County Habitat Conservation PlanOakley, California


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Agenda Item 5a

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This map was compiled from various scale source data and maps and is intended for use as only an approximate representation of actual locations.

Agenda Item 5a

Figure 3-a, Rev 3Land Cover Habitat SurveyOakley Generating StationEastern Contra Costa County Habitat Conservation PlanOakley, California

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Agenda Item 5a

Figure 3-b, Rev 3Land Cover Habitat SurveyOakley Generating StationEastern Contra Costa County Habitat Conservation PlanOakley, California


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Agenda Item 5a

Figure 3-c, Rev 3Land Cover Habitat SurveyOakley Generating StationEastern Contra Costa County Habitat Conservation PlanOakley, California


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Agenda Item 5a

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Agenda Item 5a

Figure 5, Rev 3Special-Status Species WithinThe OGS Survey AreaOakley Generating StationOakley, California

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Bolander's water-hemlock15

Suisun Marsh aster148

Antioch Dunes evening-primrose3

Mason's lilaeopsis60

Antioch Dunes evening-primrose9



Antioch Dunes evening-primrose10 Delta mudwort

63


Mason's lilaeopsis218

Mason's lilaeopsis19 Delta tule pea

163

Hurd'smetapogonrobberfly

1

westernbumble bee

214

Antiochandrenid

bee2

curved-foothygrotus

diving beetle1

giantgartersnake

47

silveryleglesslizard

55

silveryleglesslizard

56 Swainson'shawk1799

Sacramentoperch

3

Californiablack rail

109

Swainson'shawk1804

burrowingowl1879

burrowingowl947

silvery legless lizard 12

burrowing owl633

burrowing owl1210

0 1,900

Feet

LEGENDNew 230 kV CC 05 - 2-21 to 2-23New 230 kV 05-2-21Sanitary Sewer Force MainDirt Stockpile AreasLaydown AreaProject Site

CNDDB Data March 2016PLANT ( 80m )

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" PLANT ( NON-SPECIFIC )PLANT ( CIRCULAR )ANIMAL ( 80m )

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" ANIMAL ( NON-SPECIFIC )ANIMAL ( CIRCULAR )

$


Notes:1. Source: California Dept. of Fish and Game, California Natural Diversity Database (CNDDB) March, 20162. 1 mile around Project Site, 1000 feet around existing Transmission Corridor.

Agenda Item 5a

Attachment Temporary Fee Calculation Exhibits

Agenda Item 5a




DATE:


ACREAGE TEMPORARILY

IMPACTED (TABLE 1)1


Fee Zone 1 0.43 x 3 / 30 x $12,788.47 = $549.90Fee Zone 2 x 2 / 30 x $25,576.95 = $0.00Fee Zone 3 x 2 / 30 x $6,394.24 = $0.00

Fee Zone 44 1.47 x 3 / 30 x $19,182.71 = $2,819.86Development Fee Total = $3,369.76


ACREAGE TEMPORARILY

IMPACTED (TABLE 1)1


x 5 / 30 x $95,601.46 = $0.00x 2 / 30 x $140,461.72 = $0.00x 2 / 30 x $325,600.04 = $0.00x 2 / 30 x $328,894.77 = $0.00x 2 / 30 x $178,180.49 = $0.00x 2 / 30 x $89,090.25 = $0.00x 2 / 30 x $129,841.87 = $0.00

STREAMS

LINEAR FEETTEMPORARILY

IMPACTED (TABLE 1)


x 2 / 30 x $362.94 = $0.00

x 2 / 30 x $544.41 = $0.00






Fee Subtotal = $3,369.76+ $3,369.76

= $6,739.52



(MIN. SHOWN)2


(MIN. SHOWN)2


(MIN. SHOWN)2





Slough / Channel

CCGS LLCOakley Generating Station, PSR Addendum 2.0037-020-012, 2.4-mile long PG&E easement/right-of-wayParticipating Special EntityApril 13, 2016











Agenda Item 5a




DATE:


ACREAGE TEMPORARILY

IMPACTED (TABLE 1)1


Fee Zone 1 -0.02 x 3 / 30 x $12,788.47 = -$25.58Fee Zone 2 x 2 / 30 x $25,576.95 = $0.00Fee Zone 3 x 2 / 30 x $6,394.24 = $0.00

Fee Zone 44 0.26 x 3 / 30 x $19,182.71 = $498.75Development Fee Total = $473.17


ACREAGE TEMPORARILY

IMPACTED (TABLE 1)1


x 5 / 30 x $95,601.46 = $0.00x 2 / 30 x $140,461.72 = $0.00x 2 / 30 x $325,600.04 = $0.00x 2 / 30 x $328,894.77 = $0.00x 2 / 30 x $178,180.49 = $0.00x 2 / 30 x $89,090.25 = $0.00x 2 / 30 x $129,841.87 = $0.00

STREAMS

LINEAR FEETTEMPORARILY

IMPACTED (TABLE 1)


x 2 / 30 x $362.94 = $0.00

x 2 / 30 x $544.41 = $0.00




FINAL FEE CALCULATION Development Fee Total $473.17


Fee Subtotal = $473.17+ $1,000.00

= $1,473.17



(MIN. SHOWN)2


(MIN. SHOWN)2


(MIN. SHOWN)2





Slough / Channel

CCGS LLCOakley Generating Station, PSR Addendum 3.0037-020-012, 2.4-mile long PG&E easement/right-of-wayParticipating Special EntityApril 13, 2016











Agenda Item 5a

STATE OF CALIFORNIA- NATURAL RESOURCES AGENCY

CALIFORNIA ENERGY COMMISSION 1516 NINTH STREET SACRAMENTO, CA 95814-5512 www.energy.ca.gov

NOTICE OF DETERMINATION PETITION TO AMEND

OAKLEY GENERATING STATION (09-AFC-4C)

EDMUND G. BROWN JR. , Governor

On May 9, 2016, California Energy Commission (Energy Commission) staff docketed a petition to amend submitted by Contra Costa Generating Station LLC requesting modifications to the Oakley Generating Station (OGS). The petition requests changes to the location of the generator tie-line conductor support tower 2/21 and a corresponding modification to the generator tie-line alignment between tower 2/21 and tower 2/22.

The OGS is a 624-megawatt combined cycle facility located in the city of Oakley, in Contra Costa County, California. The project was certified by the Energy Commission on May 18, 2011, and was authorized to commence construction on July 26, 2011 . The project's construction phase is not complete as it is currently on hold.

DESCRIPTION OF PROPOSED MODIFICATIONS

The proposed modifications to OGS include a change in the location of generator tieline conductor support tower 2/21 and a corresponding minor modification to the generator tie-line alignment between tower 2/21 and tower 2/22 as identified in Figure 1 of the petition to amend (TN 211413). The new tower location would be approximately 225 feet south of the approved location. There are corresponding minor changes in the locations and design of the pull sites that would be located outside of the generator tieline right-of-way and would result in both deletions and additions of designated work areas.

For additional information, the Energy Commission's webpage for this facility, http://www.energy.ca.gov/sitingcases/oakley/index.html, has a link to the petition to amend (TN 211413) accessible through the webpage in the box labeled "Compliance Proceeding." Click on the "Documents for this Proceeding (Docket Log)" option.

ENERGY COMMISSION STAFF REVIEW AND DETERMINATION

Energy Commission technical staff reviewed the petition for potential environmental effects and consistency with applicable laws, ordinances, regulations, and standards (LORS). Staff has determined that the technical or environmental areas of Air Quality, Hazardous Materials-Management, Public Health, Socioeconomics, Transmission System Engineering, and Waste Management are not affected by the proposed changes.

For the technical areas of Biological Resources, Cultural Resources, Facility Design, Geological and Paleontological Resources, Land Use, Noise & Vibration , Soil & Water Resources, Traffic & Transportation , Transmission Line Safety & Nuisance, Visual

. Resources, and Worker Safety & Fire Protection staff has determined the project would continue to comply with applicable LORS and no changes to any conditions of certification are necessary to ensure that no significant impacts occur. Therefore, staff is

1

Agenda Item #5b

proposing to process the request as a Staff Approved Project Modification. Staff notes the following for these technical areas:

•Biological Resources. The relocation of tower 2/21, associated pull sites, and work areas will impact an additional 0.13 acres of ruderal and non-native woodland habitat as compared to the currently licensed project. Condition of Certification 810-21 requires the project owner to pay mitigation fees at a 1: 1 mitigation ratio for temporary and permanent impacts. Due to this net increase in acreage impacted, the project owner has proposed an increase of $1,473.17 to the mitigation fees in order to satisfy Condition of Certification 810-21 (East Contra Costa County Habitat Conservation Plan/Natural Communities Conservation Plan Mitigation Fees). These additional funds would satisfy 810-21, and this project modification would not require any changes or additions to the existing conditions of certification.

The project modifications would not require any additional or different activities from those permitted under the existing license. Implementation of the Conditions of Certification (810-1 through 810-23) would ensure that no significant adverse effects to biological resources would occur as a result of this project modification.

• Cultural Resources. The new tower location would require ground-disturbing activities and therefore there is the potential to impact buried cultural resources. However, the proposed laydown area is located on a paved surface and there would be no potential impacts to cultural resources in that area. Implementation of Conditions of Certification CUL-1 through CUL-7 would ensure that any potential project-level impacts on cultural resources would be mitigated to less than significant level and that the project would comply with all applicable LORS.

• Facility Design. The building code requirements for the installation of the tower would remain unchanged and the project would remain in compliance with all applicable LORS and the existing conditions of certification in the May 2011 Commission Decision.

• Geological and Paleontological Resources. The proposed project would have no environmental impacts on geologic, mineralogic or paleontologic resources that were not originally analyzed in May 2011 Decision. Additionally, the project would not be subject to geologic hazards that are different from those originally analyzed and described in the final decision. The facility modification would not have an impact on the facility's ability to comply with existing conditions of certification, and applicable LORS. The existing conditions of certification and LORS conformance identified in the May 2011 Decision are adequate to ensure there would be no unmitigated significant impacts as a result of the project modification.

• Land Use. The new proposed site for tower 2/21 is within the right-of-way boundary established in the original license. No impacts to agricultural or residential land uses would occur. The proposed modification would comply with local zoning requirements and would not conflict with an applicable habitat conservation plan.

• Noise and Vibration. The proposed project modifications would not require any additional or different activities than those permitted under the existing license. The proposed project modification would not impact the project's noise-sensitive receptors. The project would remain in compliance with applicable LORS and Noise conditions of certification identified in the May 2011 Decision.

2

Agenda Item #5b

• Soil and Water Resources. The proposed project modification would not have a significant effect on soil and water resources because there are no changes to construction activities as well as no changes to the required water supply. Additionally, implementation of the Best Management Practices (BMPs) identified in the National Pollutant Discharge Elimination System (NPDES) construction permit issued for the project would control wastewater and would minimize soil erosion. With the implementation of the existing conditions of certification, impacts to soil and water resources would be less than significant and the project would comply with applicable LORS.

• Traffic and Transportation. The additional construction trips generated by the transportation of construction materials and workers for the project modification would be negligible and would not cause significant impacts to traffic level of service or transportation infrastructure. Traffic and transportation system impacts would remain less than significant with continued implementation of Conditions of Certification TRANS-1 (Construction Traffic Control Plan) and TRANS-4 (Jurisdictions Limitations on Vehicle Sizes, Weights, Roadway Encroachment, and Travel Routes) set forth in the May 2011 Decision.

• Transmission Line Safety & Nuisance. The proposed project modification is a minor change in the location of the Commission's approved generator tie-line and would not result in any significant changes to the already approved design and construction plans. All LORS and conditions of certification approved for the original project would apply for the construction of the proposed project.

• Visual Resources. The proposed relocation of one tower would be a minor change that would not result in additional visual impacts. The proposed design, color and appearance of the tower would remain the same. The project's overall visual contrast as viewed from key observation points 6 and 7 in the Commission Decision would not change. Visual resource impacts would remain less than significant with continued implementation of Conditions of Certification VIS-1 (Surface Treatment of Project Structures), VIS-2 (Landscape Screening), and VIS-3 (Temporary and Permanent Exterior Lighting) set forth in the May 2011 Energy Commission Decision.

• Worker Safety and Fire Protection. The proposed project modification would not have a significant effect on the environment and would continue to comply with all applicable·LORS. The construction activities during tower installation would comply with the worker safety requirements identified in the health and safety plans per Condition of Certification WORKER SAFETY-1 .

The data presented in the Environmental Justice Population Figure (Attached) shows the population in the six-mile radius of the OGS site represents an environmental justice population, as defined by the Council on Environmental Quality in Environmental Justice: Guidance Under the National Environmental Policy Act. Staff has determined that the proposed modifications would not cause any significant environmental impacts. Therefore, there are no significant impacts to any population within the OGS six-mile radius, including environmental justice population.

3

Agenda Item #5b

Pursuant to section 1769(a)(2) of Title 20, California Code of Regulations, Commission approval of a petition to amend is not required "(w)here staff determines that there is no possibility that the modifications may have a significant effect on the environment, and if the modifications will not result in a change or deletion of a condition adopted by the commission in the final decision or make changes that would cause the project not to comply with any applicable laws, ordinances, regulations, or standards [LORS] ... . "

Energy Commission staff has determined for this petition that formal approval by the Energy Commission at a noticed Business Meeting is not required, and the proposed modifications meet the criteria for approval at the staff level because:

• The modifications will not have any significant effect on the environment;

• Existing conditions of certification are sufficient to cover the proposed modifications without changes to, or deletions of, any conditions of certification; and

• The project as modified will maintain full compliance with applicable LORS.

Staff's conclusions for each the above technical or environmental area are summarized in the following table.

SUMMARY OF STAFF RESPONSES TO PETITION

STAFF RESPONSE Revised

TECHNICAL/ENVIRONMENTAL Technical No Significant Conditions of AREAS REVIEWED Area Not Environmental Process As Certification

Affected Impact or LORS Amendment Recommended Inconsistency*

Air Quality x N/A N/A Biological Resources x N/A N/A Cultural Resources x N/A N/A Facility Design x N/A N/A Geological and Paleontological x N/A N/A Resources Hazardous Materials Management x N/A N/A Land Use x N/A N/A Noise & Vibration x N/A N/A Public Health x N/A N/A Socioeconomics x N/A N/A Soil & Water Resources x N/A N/A Traffic & Transportation x N/A N/A Transmission Line Safety & x N/A N/A Nuisance Transmission System Engineering x N/A N/A Visual Resources x N/A N/A Waste Management x N/A N/A Worker Safety & Fire Protection x N/A N/A

*No Energy Commission approval is necessary where staff determines there is no possibility that the proposed modifications would have a significant effect on the environment, and the modifications would not result in a change in or deletion of a condition adopted by the Commission in the Final Decision, or make changes that would cause project noncompliance with any applicable laws, ordinances, regulations, or standards (Cal. Code Regs., tit. 20, § 1769 (a)(2)) .

This Notice of Determination has been mailed to the Energy Commission's facility mail list of interested parties and property owners adjacent to the facility site. It has also

4

Agenda Item #5b

been emailed to the facility listserv. The listserv is an automated Energy Commission email system by which information about this facility is e-mailed to parties who have subscribed. To subscribe, go to the Energy Commission's webpage for this facility, cited above, scroll down the right side of the project's webpage to the box labeled "Subscribe," and provide the requested contact information.

Any person may file an objection to staff's determination within 14 days of the date of this Notice on the grounds that the project modification does not meet the criteria set forth in section 1769(a)(2). Absent any relevant objections, the amendment petition will be approved 14 days after this Notice is docketed. To use the Energy Commission's electronic commenting feature to object to staff's determination, go to the Energy Commission's webpage for this facility, cited above, click on the "Submit e-Comment" link, and follow the instructions in the on-line form. Be sure to include the facility name in your comments. Once submitted, the Energy Commission Dockets Unit reviews and approves your comments, and you will receive an e-mail with a link to them.

Written comments may also be mailed or hand-delivered to:

California Energy Commission Dockets Unit, MS-4 Docket No. 09-AFC-04C 1516 Ninth Street Sacramento, CA 95814-5512

All comments and materials filed with and approved by the Dockets Unit will be added to the facility Docket Log and be publicly accessible on the Energy Commission's webpage for the facility.

If you have questions about this Notice, please contact Anwar Ali, Compliance Project Manager, at (916) 654-5020, or by fax to (916) 654-3882, or via e-mail at [email protected].

For information on participating in the Energy Commission's review of the petition, please call the Public Adviser at (800) 822-6228 (toll-free in California) or send your email to [email protected]. News media inquiries should be directed to the Energy Commission Media Office at (916) 654-4989, or by e-mail to [email protected].

Date tb//I J) {p

CC: Oakley Mail list 7208 Oakley listserv

Christine Root Compliance Office Manager Siting, Transmission & Environmental Protection Division

5

Agenda Item #5b

2010 Census Percent Minority Population by Census Block

ENVIRONMENTAL JUSTICE POPULATION FIGURE Oakley Generating Station Project - Census 2010 Minority Population by Census Block

CALIFORNIA ENERGY COMMISSION - SITING, TRANSMISSION AND ENVIRONMENTAL PROTECTION DIVISION SOURCE: Census 2010 PL 94-171 Data

Agenda Item #5b

Agenda Item #6

Page 1 of 2


DATE: August 22, 2016 TO: Governing Board FROM: Conservancy Staff (Abigail Fateman) SUBJECT: Conservancy Finances RECOMMENDATION Consider the following items related to the Conservancy finances:

a. AUTHORIZE staff to execute a contract amendment with the East Bay Regional Park District to extend the term of Contract # 2016-03 to study bat mortality related to wind turbines by one year, through June 30, 2018.

b. AUTHORIZE staff to execute a contract with Sanders Fence Company not to exceed $60,000 for the term September 1, 2016 through December 2018.

DISCUSSION Item (a): East Bay Regional Park District (EBRPD) In August 2015, the Conservancy Board awarded a contract to the East Bay Regional Park District for a new research effort to better understand the impact of wind turbines on bat populations ($110,000). This study was scheduled to start in September 2016 and run through June 2017. Due to the time constraints on personnel and securing the resources (canine searchers for the mortality study), EBRPD has requested to delay the start of the research until Fall 2017. The proposed revised schedule is included below. Element Dates of start and finish

Fatality searches, humans 15 SEP – 14 NOV 2017 Fatality searches, dogs 11 OCT – 23 OCT 2017 Carcass trial administration 15 SEP – 14 NOV 2017 Bat carcass shipments 1 SEP – 1 NOV 2017 Camera trap monitoring 15 SEP – 14 NOV 2017 Nocturnal surveys 15 SEP – 14 NOV 2017 Analysis and reporting 15 NOV – 30 JUN 2018 This proposed delay in initiating the study does not jeopardize the funding source (Gordon and Betty Moore Foundation) and does not impact regular Conservancy operations.

CONTINUED ON ATTACHMENT: No ACTION OF BOARD ON: August 22, 2016 APPROVED AS RECOMMENDED:

OTHER:


John Kopchik, SECRETARY OF THE EAST CONTRA COSTA COUNTY HABITAT

CONSERVANCY

BY:____________________________________________________________, DEPUTY

UNANIMOUS AYES:

NOES: ABSENT: ABSTAIN:

Agenda Item #6

Page 2 of 2

Item (b): Sanders Fence Company The Conservancy Board approved a contract with Sanders Fence Company in December 2013 to collaborate on grazing infrastructure improvements and habitat restoration activities on the Ang property (adjacent to the City of Clayton). The contract expired December 31, 2015. Though the contract was approved and executed, the work has not yet started. The matching funds for these improvements and restoration are still available (and are granted to the grazing tenant on the Ang property). The Conservancy would like to reinitiate efforts to collaborate on these activities. Brody Sanders is the grazing tenant on the Ang property and has been working with Conservancy staff to secure federal funds from the Environmental Quality Improvement Program through the Natural Resources Conservation Service (NRCS, a branch of the USDA). Sanders has been awarded a $75,585 cost-share award to make improvements to the Ang property that will enhance and restore habitat for wildlife. The award from NRCS runs through December 2016, and so it is proposed that this contract also parallel that award. The Conservancy has been awarded a $95,000 grant from the California Department of Fish and Wildlife to help fund components of these conservation actions and this will be the source of funding for this contract.

Contract amount: $60,000 Primary tasks: The actions proposed include: installation of riparian exclusion fencing, riparian planting, pond repair, well and livestock trough systems, and ranch road access repair. Funding Source: Conservancy Funds, Natural Resource Conservation District Environmental Quality Incentive Program cost-share.

This proposed contract is consistent with the Conservancy’s 2016 budget.

Agenda Item 7

Page 1 of 2


DATE: August 22, 2016 TO: Governing Board FROM: Conservancy Staff (Abigail Fateman) SUBJECT: Update on habitat restoration planning efforts RECOMMENDATION ACCEPT update on the Conservancy’s habitat restoration planning efforts. BACKGROUND Conservancy staff has worked with partners to develop and construct nine restoration projects in the preserve system. Staff is working with partners and consulting teams developing additional wetland and creek habitat restoration projects.

a) Ang Property Riparian Planting: The Conservancy, East Bay Regional Park District, Natural Resources Conservation Service and Brody Sanders (grazing tenant) have worked together to develop a multi-element project that involves a number of components including fencing, livestock watering system, riparian plantings, and pond repair. The work is anticipated to start in late 2016. The first phases if this project will include approximately 1 mile of new riparian fencing, and riparian plantings along 900 linear feet of Irish Canyon Creek.

b) Horse Valley Creek and Wetland Project: The Conservancy, Vollmar Natural Lands Consulting and the East Bay Regional Park District have been developing designs for a large restoration project in the Horse Valley area of the Roddy Ranch property. There are a number of features proposed to be restored and created in the Horse Valley area that are designed to provide habitat for target species. Target species include, California tiger salamander, California red-legged frog, and vernal pool fairy shrimp. Project design at this stage includes the restoration of approximately 2.1 acres of vernal pools and seasonal wetlands and the restoration/creation of 3,900 linear feet of stream. This project will

CONTINUED ON ATTACHMENT: No ACTION OF BOARD ON: August 22, 2016 APPROVED AS RECOMMENDED: OTHER:

VOTE OF BOARD MEMBERS I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AND ENTERED ON THE MEETING RECORD OF THE CONSERVANCY GOVERNING BOARD ON THE DATE SHOWN. ATTESTED ________________________________________________________________________ John Kopchik, SECRETARY OF THE EAST CONTRA COSTA COUNTY HABITAT CONSERVANCY

BY:____________________________________________________________, DEPUTY


Agenda Item 7

Page 2 of 2

return to the Board for a final update and to finalize agreements with East Bay Regional Park District for construction. This project is expected to be constructed August through October 2017. The Public Advisory Committee visited the site in May 2016 and discussed the restoration plans.

c) Roddy Ranch Vernal Pool Expansion: Designs have been developed to expand a productive wetland that supports vernal pool fairy shrimp on the Roddy Ranch property. The existing wetland, adjacent to Deer Valley Road on the Roddy Ranch property can be enlarged by approximately 0.25 acres. This project would expand habitat for vernal pool fairy shrimp. This project is anticipated for construction in late 2017 (in coordination with the Horse Valley project) or in late 2018.

d) Nunn Wetland Restoration and Flood Management Project: The Conservancy acquired the Nunn property (Knightsen area) in January 2016. The property was acquired with the intention of designing and constructing a large scale habitat restoration project to convert much of the existing cultivated agriculture to natural habitat. Staff has applied for and been awarded funding from the California Department of Fish and Wildlife through Proposition 1 funds to initiate the planning process. The Conservancy is working with the State to finalize the grant agreement. It is expected that the grant agreement will be in place by October 1, 2016 and staff will be able to start recruiting a consultant team to lead the design effort.