'/., 

UNITED STATES ENVIRONMENT~L PROTECTION AGENCY 

REGION IX I 

75 Hawthorne Street I 

San Francisco, CA 94105 

October 22, 2008 

Mr. Peter Cross 

Deputy Assistant Field Supervisor 

U.S. Fish and Wildlife Service 

2800 Cottage Way, W-2605 

Sacramento, CA 95825 I 

Re: Avenal Power Center, LLC (No. 81420-2008-TA-1447-~) Request for Formal Consultation under Section 7 of Federal Endangered Species 

~ct i 

I 

Dear Mr. Cross: 

This letter is in response to the u.s. Fish and Wildlife se~ice ("FWS") September 8, 

2008 letter to the United States Environmental Protection Agenc~, Region 9 ("Region 9"). The 

FWS requested additional information to supplen:ent the Biolog~cal Assessment ~BA) srbmitted 

for the Avenal Power Center, LLC ("APC") and Its proposed A~enal Energy Project ("fEP"). 

As background, Region 9 submitted a request dated July 10, 2008 to FWS to initiate forrrnal 

consultation because tIle EPA, by issuing a PSD permit for the Avenal Energy Project, may 

affect the federally listed San Joaquin Kit Fox (SJFK). We undetstand that because the FWS has 

determined additional clarification was needed, we have preparetl this supplemental infbrmation. 

Three enclosures are included to amend our initial BA submittal land to respond to the BWS's 

request for additional information dated September 8, 2008. I! 

Enclosure A presents responses to the FWS's three data ~equests related to (a) · 

clarification regarding the security fence, (b) acreage of select tefllPorary activities' areas, and (c) 

acreage clarification ofthe discrepancy regarding temporary distprbance for the power I 

generation facility. This is in the form ofa letter dated October l' 2,008 from APC to Rfgion 9. 

In addition, since the BA was based on two Technical Ar~as! from APC's APPli~ationfor 

Certification ("AFC") submitted to the California Energy Comm!ission ("CEC"), we ar~

enclosing information that APC has since addressed through the rEC proceedings, Theltwo 

Technical Areas ofthe AFC that comprise the BA are Section 2,~ (Project Description) and 

Section 6.6 (Biological Resources). The supplements are as folloMrs: 

•	 En,closu:e B: Excerpt from March 2008 - Supplement I to, ' APC, Section 3.0 

(BIOlogICal Resources); and I ;

I	 I I

•	 Enclosure C: Excerpt from June 2008 - Response to CEC Data Requests #lf4, 

Technical Area - Biological Resources, Data Requestk/Responses #7 througq #10. 

I I I 

I	 · 

I I 
i 

I 

I 

We lbok forward to continue working with the U.S. Fish and Wildlife Service on this 

matter. If y~u have any questions, blease have your staff contact Shirley F. Rivera ofthe Air 

Permits Offife at (415) 972-396p; 9r you may contact me at (415) 972-3974. 

! 

i 

I incerely, I 

I 

/Y~~1'frtiIL erardo C. Rios 

hief, Air Permits Office 

Enclosures 

cc: Susar Jones, FWS (via e:m~il)

Shel\ey.Buranek, FWS (yialemail) 

Jim Rexroad, Avenal Power Center, LLC (vi~ email)
 

Trac~y Gilleland, Avenal Pbwer Center, LLq (via email)
 

Joe Stenger, TRC Solutions (via email)
 I I 

Eric Falther, Sierra Research (via email)
 

Christopher Meyer, Califo~ia Energy Commission (via email)
 
" 

Attachment A: 

Avenal Power Center, LLC Letter Response (dated October 1, 

Response to U.S. Fish and Wildlife Service September 8, 2008 -L-I~LL~~

to U.S. Environmental Protection Agen~y,:Region 9 
RECEIVED
 I 

v~nal Power Center, LLC 

~OQ Dallas Street, Level OCT	 3 2008 31 I 

, 

I 

!Houston, TX 77002 Air Oivision,_AIR -6 

u.s. EPA, REGION 9 

I · 

October 1, 2008 

Gerardo Rios 

Chief, Air R1ermits Office I 

, I 

U.S. Enviro1nmental Protection ;Ag¢ncy, Region 9 

75 Hawthore Street ! 

San Francisco, CA 94105 

Re:	 Avenal Energy, Docket N1o. 08-AFC-l: 

Response to U.S. Fish and Wildlife Service September 8, 2008 Letter to U.S. 

EnvIronmental Protection Agency, Region 9 

I I 

Dear Mr. Rios: I 

Please find ~nclosed the Avenal P9wer Center, LLC response to the U.S. Fish and Wildlife 

Service's S€ptember 8,2008 requ¢st for information concerning the "Avenal Energy" project. 

For your cohvenience, a copy oftHe September 8, 2008 request for infonnation is attached. 

We believe ~hat the enclosed respolnse and attendant exhibits comprehensively address the 

request for ~nfonnation and fulfill the remaining infonnation needs for the U.S. Fish and Wildlife 

Service to b~gin fonnal consultatibn under Section 7 ofthe Endangered Species Act. If you 

have questi~ns regarding the enclolsed response, or require any additional information, please do 

not hesitate Ito call. 

Siac~A LJ I 

I	 I

. Rexro tl I 

. P	 . I I

Ice resl ent 

'Avenal pOler Center, LLC II · 

Attachmenti	 u.S. Fish and Wildlife Service September 8,2008 letter 

Enclosure: I	 Avenal Power c~ntL, LLC Response to Request for Infonnation from the U.S. 

Fish and Wildlife S~rvice

I 

! 

cc:	 Shirley Rivera, U.S. Envirdnmental Protection Agency, Region 9 

Petet A. Cross, U.S. Fish Jd Wildlife Service 

Chriktopher Meyer, Califorh.ia Energy Commission 

I 

I 
u.s. Fish and Wildlife Service 'I

Octooer 1, 2008 I 

Page 2 

i 

Avenal Power Center, LLC Response 

to Request for Information from the U.S. Fish a~d Wildlife Service 

1) On page 2-50 in section 2.3.18.7 -Construction Offices, Par.Jng and Laydown AreJs, is the 

statement, 'a security fence will be installed around the Site boundary, including laydbwn I I 

areas. I · I 

I 

a) What type of security fence will be placed around the Site boundary (barbed wire, 

chain-link, cyclone)? I i 

As shown on Exhibit 1-1, pennanent fencing will be constructed at the perimeter of th~ 148-acre 

parcel, except the perimeter fence will be held back 300 feet frotn the San Luis Canal (measured 

from the inside top of the canal embankment). This fencing wil~ consist of4-foot high rirestrand fencing and is identified as "proposed fence (typ)" on E4ibit 1-1. 

An additional pennanent Plant security fence will be constructe4 at the perimeter ofth~ power 

block area and around the stonn water evaporation/percolation b.asin. This fence is ideftified as 

"proposed security fence (typ)" on Exhibit 1-1 and will consist qf a grounded seven-f04t high 

chain link fence with one foot ofsecurity wire (~.g., razor wire) rthe top. I 

During construction, temporary security fencing will be placed within the temporary cohstruction 

disturbance areas as needed. These temporary chain link fences ~ill be removed from ~ach of 

the temporary disturbance areas as construction disturbances c01c1ude. I 

b) Will this security fence remain around the Site boundary during 6peration? I 

Both the perimeter fence and Plant security fence will remain during operation. The temporary 

security fencing will be removed as construction disturbances co~c1ude. II 

c) What is the total acreage inside this fencing? I .
 

The total permanent disturbed acreage inside the Plant security fbnc'e will be 28.2 acres.\ The
 

total acreage located within the Plant security fence will be 31.9 ~cre,s.
 I 

I 'I I 

d) Will there be additional fencing separating plant facilities from the remainder ofthe 

site? ! 

As stated in response 1a above, a permanent Plant security fencelwill be constructed at fue 

perimeter ofthe power block area (see Exhibit 1-1) and around the stonn water 

evaporation/percolation basin. This Plant security fence will sephrate Plant facilities frdm the 

remainder ofthe site. I 

e) What type of fencing will be placed around the plant facilities? i I 

As stated in response 1a above, the permanent Plant security fente will consist of a grounded 

seven-foot high chain link fence with one foot of security wire (d.g., razor wire) at the t~p.

I 

I · 

I 
U.S. Fish and Wildlife Service 

October 1, 2008 

Page 3 

f) How many acres are witllin the fenclllg for the plant facilities? 

As stated inJ 1c above, the total disturbed acreage inside the pennanent Plant security fence will 

be 28.2 acrJs. The total acreage located inside the Plant security fence will be 31.9 acres. The 

remainder 9fthe 148-acre site willi be located within the perimeter fencing except for the portion 

of the site IIDcated within the 300-foot setback from the San Luis Canal (measured from tIle 

inside top olr the canal embankment). 

I ! 

The temporrry construction fence kill be installed only as needed to supplement the pennanent 

fencing to wovide temporary secuHty around equipment and materials. It would be installed 

within the limits of the staging and laydown areas shown in Exhibit 1-1, so the maximum 

possible ar9a enclosed by this tem~orary fence would be up to 33.5 acres oftemporary 

constructioN disturbance. ! 

I 

I 

2) On page 12-50 in section 2.3.18.~I -Mobilization, is a statement that gravel and road base 

material will be used for 'temporary' roads, laydown, parking and work areas. Per Figure 2.3 

12, this totJls to 35.25 acres potentially covered in gravel and/or road base materials (24.10 

acres consttuction laydown, 3.05 dcres heavy equipment parking, 4.5 acres craft parking, 1.45 

acres staff ~arking, 2.15 acres tem'porary road access). I I 

I ! ! 

a) How much ofthis 35.25 acres will remain covered in gravel or road base material once 

constructioJ is complete? I 

Exhibit 1-1 provides an updated Fighre 2.3-12. Gravel will be removed from all ofthe temporary 

disturbance rreas at the completion ~f construction, so none ofthe temporary disturbances will be 

covered wi~ gravel once construction is complete. A portion ofwhat was fonnerly identified as the 

"temporary access roadway" (fonne~ly 2.15 acres) is now designated as a "secondary access road" 

(including alo.6 acre segment and a p.8 acre segment, for a total of 1.4 acres) that will remain in 

place as an fmergency access road"Yay during operations, per a request from the California Energy 

Commission. This 1.4 acre area will potentially remain covered in gravel or road base material once 

constructiod is complete. This area i1s now included in the project's revised pennanent (operations) 

disturbance rstimate provided in Etibit 1-2. 

b) Other than the 35.25 acres so outlined in Figure 2.3-12, will there be any areas not 

currently indluded as permanent impacts that will be areas covered in road material or 

gravel? I I 

The acres o~t1ined in Figure 2.3-12 provided as Exhibit I-I show both temporary and pennanent 

~isturbancel The.temporary acreag,e potentially cove~ed in grave~ and/or road base materials . 

Includes constructIon laydown (23.5: acres), heavy eqUIpment stagmg area (3.1 acres), craft parking 

(4.5 acres), ~nd staffparking (1.5 actes). The secondary access road will stay as an emergency 

access road ruring operations and ~i11 potentially be covered in gravel and/or road base materials, so 

the total temporary impacts potentia~ly covered in road material or gravel will total 32.6 acres. Upon 
U.S. Fish and wildllfe Service I 

Octol1er 1, 2008 l 

Page 4 

i 

completion of construction, all temporary disturbances will be returned to substantially snJilar 

conditions as exist prior to the initiation of construction at the site. I i 

3) On page 2-52, table 2.3-7 gives an estimate of 28 acres tempdra~y disturbance for tie 

construction ofthe power generation facility. A review of the afreage provided in Fig*re 2.3-12 

suggests these numbers should be 33.1 acres temporary disturtiance. 

a) Please provide details ofthe temporary disturbance calculatiol for the power generaJion 

facility that resolves this discrepancy. 

Revised Figure 2.3-12 is provided as Exhibit 1-1. Revised AFC TJble 2.3-7 with the distu~bed

acreage estimates is provided as Exhibit 1-2. The updated temporary disturbance calculation for the 

constrUction of the power generation facility is 33.5 acres. 'I: 
I ". I I 

/ 

/' .....-1 

// PLANT /' 

/' 

./ PROPERTY LINE 

......................

_ ,./. -"". -- -- I - •
 

/' 

/' , rur"",. .""rr<, .....r /' 

, 

/ 

U""lI:. - , .. . ! :

/7' \ 'V 

/' 

,/ PROPOSED SECUR I TY /' / FENCE I TYP I 

/' 

/ 

/' 

/'

/ 

PLA",'D:''''' 

/ 1<.2 ,t, 

/'
 

/'
 

/ 

/' TURNAROUND r"". OAn 

iI 

­

--=,

> NJ ,/,/:;: !::; 

..........,ACCESS 


 

ROAD 

10.8 ACI 

SUONWlY ACCESS 

PROPOSED SECUR' TY
 

FENCE I TYPI 

S! 

tuG"".""" u_ 

"305 ACI 

PROPOSED -------Ii 

FENCE ITYPI
 

...'ACCESS ....
 

t,,"STRUt'"'' u_ 

'D.' 'tl 

I 

---"PROPER"T'Y'··LIN-£'" 

acHER r C. ". FA...... 

AREAS DISTUR8ED 8Y CONSTRUCTION OPERATIONS 

PLANT ISLAND AND SWITCHYARO - 23.6
 CONSTRUCTION LAYOOWN AREAS • 23.S
 

HEAVY EOUIPMENT STAGING AREA. 3.1
 

STAFF/CRAFT PARKING. 6.0
 OJ 

STORM WATER HOLDING BASIN .. ".6 I 

PLANT ACCESS ROADS - 6.5 

Ta.POAARY EWEACENCY STAGING AREA. 0.9 

TOTAL AREA DISTURBED • 68.2 0 -- - ­

...... ] 

1

I' CI« wvv tI£f(1l[llC( MIl .....R R£FtIl(lC;( DIl_ a:cT FEDERAL POWER AVENAL, LLC 

HI FLU0 AVENAL ENERGY PROJECT

_ • o:.c::.:.. AVENAL, CALIFORNIA : _ 

SlJIl[II'II5IIIl ""Oo\Tt on, 

- NOTU' TItS DltAWIlG HAS NOT (l[[H PUlIU5t£O AN) IS Ttl: ...- 1'.,.,01 FIGURE 2 ,3-12 I I 

CONSTRUCTION' OFFICES, 

f\.UllIl 1",,00\T[ PARKING AND LAYDOWN AREAS 

sc.u 11II_1UEI 

PIJIPOSE 011£R THAN tHAT FOR 15 FUINISI£O. QDl I"" DAlE 1"-200' I A3DV01-0-SK-O-CT -02 mw C i 

T TlR(FAllACl£D -'1ESO NOD IWfJAl. awa:s lIWl( • YES 0 NO 0 owe ru lftATEO - 'ESO NOO MllD£LlI'OAl[D -'1ESO NOO ICAOrulWil[ oJd\'01OollOclD2 
--

EXHIBIT 1-2
 

TABLE 2.3-7
 

ESTIMATED ACREAGE OF CONSTRUCTION
 I 

AND OPERATIONS AREAS(lJ 

(Rev. 9/23/08) I 

ESTIMATED AREA 

(acres) PROJECT 

COMPONENT Temporary I Permanent 

(Construction (Operations) Only) 

Power Generation ~33.5 I ~28.2

Facility 

Plant Access Road 62.4 

Transmission Line +Q3.6 

Interconnection 

Natura! Gas Pipeline ~u

Interconnection 

Water Supply +Q5.5 

Pipelines 

Gates Substation o 

IInprovements 

TOTAL S946.1 

;M-:.l 

-l-U 

o 

o 

o 

U33.5 

I 

!NOTES 

Temporal)' construction ~ncludes laydown, topsoil storag~, parking.1 

aHd-construction office area, and temporary emergency staging area. 

Permanent disturbance is: the disturbed area within the fertce line 

including the power block, switcJ:1yard, ZLDF, air-cooled Ilcondenser 

and stormwater retention! basin, as well as 2.5 acres of drainage 

swales located at the oerimeter ofthe olant security fencej 

Road length is approximately 2,60~ft from the pav9ment on 

Avenal CutoffRoad to tHe power block entrance. Permanent , I 

disturbance is 30 ft wide (20-ft-wide pavement plus 5-ft shoulder on 

each side); temporal)' construction disturbance is 70 ft vlitle (not 

inc1Hding peffilanent road area). Temporary disturbance Also 

inclHdes aH additional 2 acres for a road to the cOHstructio!n laydovrn 

at=ea;includes an additional 10 feet of grading on each side I of the 

road and an additional 2.7 acres for a secondary access rokd and 

temporary construction laydown and heaVY equipment stalging area 

access roads. I II 

Transmission line from the Site switchyard to the existingl PG&E 

Gates substation will reqlfire approximately 43 structures. II Each

structure will require approximately ~3,600 sq ft oftemporary 

disturbance (total of9-»3~6 acres). Permanent average disjturbance 

of 1,200 sq ft per structur~ will be required (total of 1.2 acres). 

Temporary disturbance area for pull sites is included in thb 3.6 acres 

of temoorary disturbance.' II 

Approximately 4;Q002,O~0 ft ofthe pipeline interconnectipn will 

occur outside Avenal CutbffRoad and Plymouth Avenue I 

rights-of-way, with an av~rage disturbance corridor of I 

approximately ~25 ft. Work within the existing City rigllts-of-way 

is not included in this caldulation because work will occur! entirely 

within the paved width o~the roads and the dirt shoulders Ithat have 

no cover vegetation. I I 

Water supply pipeline 1.81 miles in total length from three reUs to 

the power block battery upits. No temporary or permanen~access 

road is required. Construction disturbance will average 25-W ft 

wide.! I 

Activity will occur at the existing substation in an area tha1f is 

already 100% disturbed with a graded gravel surface and 1).0 

vegetation. I I 

'I i 

(1) Project facilities will occur entirely on land that has been intensively disturbed by agricultural activities. No 

ground disturbance will occur due to the Project. I, 
I 

United States Department ofthe Interior , 

FISH AND WILDLIFE SERVICE 

Sacramento Fish and Wildlife Office 

:2"800 Cottage Way, Room W-2605 

Sacramento, California 95825-1846 

Chief, Air Permits Office . I 

U.s. Env~ronmental Protection A~ency, Region 9 

SEP 1 7 2008 

75 Hawthorne Street 

San Fra~tiS.CO' California 94105:3901 

Air DIvision AIR _3 

U,S. EPA, REGION 9 

Subject:	 Avenal Power Center, LLC Avenal Energy Request for Fonnal 

Consultation under Section 7 ofthe Endangered Species Act. 

Dear Mr.1 Rios:	 I I 

I 

This letter responds to your July 10, 2008, request for Formal Programmatic Consultation for 

Avenal ~ower Center, LLC (applicant), proposed Avenal Energy Power Facility (proposed 

project). I The U.S. Fish and Wildlife Service (Service) received your request on July 14,2008. 

Submitter on May 12, 2008 and received in this office on May 13, 2008 in a separate 

correspondence sent by the applicant was the Avenal Energy Project, LLC Application/or 

Certifica~ion to the California Energy Commission, section 2.0 and section 6.6, (biological 

assessmdnt) prepared by TRC Solutions in April 2008. The Service has agreed to accept this 

documedt as the biological assessment for the proposed project. Additional infonnation, 

requested from the applicant on July 29,2008 was received by the Service on August 18,2008. 

The appLant proposes to consJct and operate a 600 megawatt combined-cycle electric power 

generatirlg plant and ancillary fa~ilities on a 148 acre parcel in the City ofAvenal, Kings County, 

Californila. Your letter identified! the following federally-listed species as species that may be 

affected by the project: San Joaquin kit fox (Vulpes macrotis mutica), blunt-nosed leopard lizard 

(Gambelia sila), Californiajewel'flower (Calanthus californicus), and San Joaquin wooly-threads 

(Lqmbertia congdonii). Per the biological assessment the site designated for the proposed project 

has beenldisturbed by agricultural production for 50 years. The blunt-nosed leopard lizard 

(Gambelia sila), Califomiajewelflower (Calanthus californicus), and San Joaquin wooly-threads • I	 I 

(Lamberfia congdonii) require undisturbed alkali scrub or alkali grasslands. The Service 

believes fhat the project as propo~ed is unlikely to adversely affect the blunt-nosed leopard lizard 

(Gambel;a sila), Califomiajewelflower (Calanthus californicus), and San Joaquin wooly-threads 

(Lambertia congdonii). The proposed project may adversely affect the San Joaquin kit fox 

(Vulpes inacrotis mutica). We ~e discussing a setback from the canal with the applicant to 

benefit tfue kit fox. 

TAKE PRIDE~

INAMERICA~
I 

Mr. Gerardo C. Rios 'I r 

The Service has reviewed your letter and the biological assessme~t ~nd has detennined t~at we 

have not received all of the infonnation necessary to initiate fonrial consultation as outlined in 

the regulations governing interagency consultations (50 CFR § 402.14). We are requestirl g 

additional information that will allow us to assess and analyze pr6ject effects. l 

: 

The following questions relate to infonnation from the biOIOgiCal1 assessment. 

I 

1) On page 2-50 in section 2.3.18.7 - Construction Offices, Parki~g and Laydown Areas, is the 

statement, 'a security fence will be installed around the Site bouti~ary, including laydoWll, areas'. 

I ' 

a) What type of security fence will be placed around the Site boundary (barbed wire, 

chain-link, cyclone)? I ' I 

b) Will this security fence remain around the Site boundabr during operation? I 

c) What is the total acreage inside this fencing? II: I 

d) Will there be additional fencing separating plant facilitIes from the remainder ~fthe site? : I 

e)What type offencing will be placed around the plant faqilities? 

f) How many acres are within the fencing for the plant faqilities? 

I 

2) On page 2-50 in section 2.3.18.6 - Mobilization, is a statement that gravel and road base 

material will be used for 'temporary' roads, laydown, parking and work areas. Per Figurel2.3 ­

12, this totals to 35.25 acres potentially covered in gravel and!or toad base materials (24. t10 acres 

construction laydown, 3.05 acres heavy equipment parking, 4.5 abres craft parking, 1.45 ~cres

staff parking, 2.15 acres temporary road access). I : I 

a) How much of this 35.25 acres will remain covered in gravel or road base material once 

construction is complete? I 

b) Other than the 35.25 acres so outlined in Figure 2.3-12j will there be any areas not 

currently included as permanent impacts that will be are~s covered in road mate~al or 

gravel? I : 

i 

3) On page 2-52, table 2.3-7 gives an estimate of 28 acres tempork disturbance for the 

construction ofthe power generation facility. A review of the acr!eage provided in Figure 12.3-12 I 

suggests these numbers should be 33.1 acres temporary disturban~e.

a) Please provide details ofthe temporary disturbance caldulation for the power 

generation facility that resolves this discrepancy. I: 

I · 

II 

Until we receive the infonnation requested and required by 50 CER 402.14(c) and 50 CFR 

402.14 (d), the Service will not begin the fonnal consultation pro?ess for the project. welwill 

notify your office when we receive this additional infonnation. Ifwe have not received tHis 

infonnation within 60 days ofthe date ofthis letter, we no longer I track this action as an a~tive

endangered species consultation. Reinitiation of consultation wid require a letter from yof that 

includes the requested information. II i I

I 
Mr. Ger1dO C. Rios 3 

We appre[ciate your efforts to con~erve federally-listed species and your efforts to reduce the 

potential ¢ffects to listed species that may result from the Avenal Power LLC Avenal Energy 

project. Ir you have any question~ or concerns about this consultation, please contact Shelley 

Buranek @[ Susan Jones of my staff at (916) 414-6600. 

Sincerely, 

~~A.~ Peter A. Cross 

Deputy Assistant Field Stlpelvisor 

cc: I . 

California Department ofFish and Game, Fresno (Mr. Justin Sloan) 

Avenal Pbwer, LLC (Mr. Jim Rer1road) 
I 

Attachment B: 

Excerpt from March 2008 Supplement to AFC 

Section 3.0 (Biological Resoutces) 
I 

I 

I 

I 

I 

Avenal P'ower Cen.ter, IJLC 

500 Dallas Street, Lev~1131

DO'usiaD:, TX 77002 

Mareh27, 2008: 

Ms;, Melissa JOllOS 

Ex:ecutjve Director 

Califol))ia -Energy ·Commissio.n 

1516 Ninth $:freet 

Saoralnento, CA 95814 

Dear M~:io_ Jan.-'es: _. . _ _ _ 

I

II. I

I ' 

AVetlal'Power C:enter, LL·C ·llere.by sub.mits the enclosed .~uNpl~mellt to the· Applieatioll for 

Celtificatiofl (A'FC) for Avenal.Enel~:gy, .lo·oafe:d In· the C.tty· ofAv~nal, Kings County, II 

California. The enclosed sUPFlementau~ts t?eAFC (08~~FC-~)sUbmit:edtQ yo~roffice

d·at:e<1F~bru.ary 13, 2:008.. This·su.pplement 18· deSlgtled to respond d"lrectly to tnfOrniatl.Oll 

ne·eds 1€Ientifiedto achieve d·ataadequ·aey forfhe: AFe as outlil~e.p in your memorandurP tot11e 

comtnissiol1ers .dated March 21) Z·0'():9. I i I

I I 

As an officer ofAven:al. PO'werCentet, LLC, .I 'herehy attest under penalty of peljul~Y that the 

contefl.ts oft.his ·apgli;catfop. supplem.ent are:tllJe an4 accura,te tQ the best o'fmy knowledge. I I 

Date<l tl1is 27 day :of Mardb, 2008. " I 

I 

A::la~ StuartZisUlan d\ .,~~

Vice. Ptesident 

Av~nal Pll,:wer'Center, LLC 

Enclosure 

ce.. Jilll Rex:road, Avenal Power Center, LLC 
, I

I 

TABLEI OF CONTENTS	 Page No. 

I 

1.0	 INTRODUCTION 1 ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 1 I	 I

2.0	 AIRQUALITY .......................•......................................................................... 1
 I	 I 

1	 1 

3.0	 BIOLOGICAL RESOUR~ES 1 I	 ! 

4.0	 CVLTURAL RESOURCES 2 

5.0	 SfCIOECONOMICS j 5 

6.0	 TRANSMISSION SYSTEM DESIGN 6 

I	 I

7.0	 ,ATER RESOURCES 6 

,	 I 

ATTAC,MENTS I 

A.I	 AIR PERMIT APPLICA~ION COMPLETENESS LETTERS I . I 

A.2	 CORRECTED AFC PAGE 6.2-20 1	 I 

I	 I 

C.l	 CHRIS RECORD SEAROH I	 I 

C.2	 LETTERS TO LOCAL HISTORICAL AND ARCHAEOLOGICAL SOCIETIES I	 I 

C.3	 HISTORICAL ARCHITECTURE SURVEY REPORT I 'I 

C.4	 LETTER TO NAHC I	 1 

S.l	 ApENCY CONTACTS FpR SOCIOECONOMICS 

T.l	 nf'TERCONNECTION FrASIBILITY STUDY REPORT 

T.2	 ONE-LINE DIAGRAM FOR GATES SUBSTATION I . 1 

T.3	 SYSTEM IMPACT STUDY AGREEMENT I 

W.1	 EKISTING SITE DRAINAGE I	 I 

W.2	 I@O-YEARFLOODZONE I	 ! 

1	 I 

W.3	 PRE-CONSTRUCTION ~UNOFF AND DRAINAGE PLAN I	 j 

W.4	 EKISTING GROUNDWATER WELLS WITHIN ONE HALF MILE 

W.5	 LkNDOPTION ANDW~TERAGREEMENT

W.6	 CpNCEPTUAL SANITARY SEWER SYSTEM AND LEACHING FIELD/SEPTIC 

SYSTEM ; 

W.7	 GROUND WATER DRAWnOWN MODELING REPORT 

I 

Avenal Energy AFC i	 CTRC 
SUPPLEMENT TO THE APPLICATION FOR CERTIFICATION 

AVENAL ENERGY I 

I

1.0 INTRODUCTION 

This Supplement to the Application for Certification (AFC) for Avenal Energy (08JAFC-l) 

provides clarifYing and augmenting infonnation and minor proje,ct status updates. The cl:arifYing 

and augmenting il1formation respond directly to information ~eeds identified to achieve data 

adequacy for the Avenal Energy AFC, as outlined in Ms. Melissa Jones' memorandurh to the 

commissioners dated March 21, 2008. Infonnation is provided i~ the following sections: 

• Section 2.0 - Air QualityI 

• Section 3.0 - Biological Resources 

• Section 4.0 - Cultural Resources 

• Section 5.0 - Socioeconomics 

• Section 6.0 - Transmission System Design 

• Section 7.0 - Water Resources 

Back-up information for these sections is provided in attachments. 

I 

2.0AIR QUALITY " 

I 

One AFC data adequacy item has been identified related to air Iquality; the need for a letter of 

application completeness from the San Joaquin Valley A.ir Pollution Control !District 

(SNAPCD). The letter of completeness from SNAPeD is provided in Attachment 1..1. A 

letter of completeness from the United States Environmental Ptotection Agency (EPA)I for the 

Prevention of Significant Deterioration (PSD) permit application is also provided in Attqchment 

A. I. I i 

As part of interacting with EPA staff for their review of the IpSD application, an error was 

discovered on page 6.2-20 of the AFC. A corrected page 6.2-210 was submitted to EPA and is 

provided as Attachment A.2. The correction occurs in the first :two lines of page 6.2-29 where 

the sentence has been changed to reflect that only nitrogen di01'ide (N02) and carbon Idioxide 

(CO) emissions from the project will exceed the applicable PSI? thresholds listed in th9 federal 

PSD regulations. Particulate matter less than or equal to 10 micr~ns in diameter (PMI0) will not 

exceed the applicable PSD threshold as was indicated on this page ofthe AFC. 

I 

3.0 BIOLOGICAL RESOURC~S

The biological resourcessection of the AFC does not have 1 any identified data adequacy 

deficiencies. This section is provided to update CEC staff on meetings with resource dgencies 

that have occurred since the AFC was submitted. I 

I I I

Avenal Power Center, LLC met with Ms. Sue Jones and Ms. S~elley Buranek from th9 United 

States Fish and Wildlife Service (USFWS) on March 11, 2008, and with Mr. Justin Sloan from 

the California Department of Fish & Game (CDFG) on March 118, 2008 to discuss the Iproject. 

Avenal Energy AFC1 I CTRC 
SUPPLEMENT APPLICATION FOR CERTIFICATION/-----." 

'I 

Avenal Power Center, LLC provided agency staff with copies of the project description and 

biological resources sections of the AFC in conjunction with these meetings. The focus of the 

meeting with USFWS was to discuss alternatives available to mitigate project impacts to the kit 

fox, and the focus of the meeting with CDFG was to discuss alternatives available to mitigate 

impacts to the kit fox and the state-protected Swainson's hawk. Based on, these meetings, 

Avenal Power Center, LLC is pursuing mitigation via a single mitigation bank that will provide 

habitat for both the kit fox and the Swainson's hawk, which is one of the options outlined in the I 

AFC. The meetings with USFWS and CDFG provided additional input that indicates this will be 

feasible and that the mitigation ratios presented in the AFC for short-term and long-term 

disturbances are acceptable. Avenal Power Center, LLC will continue to keep California Energy 

Commission (CEC) staff updated as mitigation bank arrangements develop. Other developments 

occurring as a result of these meetings are: 

• CDFG requested that the pre-construction clearance survey committed in Section 6.6.2.5

of the AFC include pre-construction clearance survey for the burrowing owl at the

margins of the 148-acre site and extending outward 300 feet beyond the site boundary in

accordance with the burrowing owl consortium recommendations. Avenal Power Center,

LLC hereby incorporates this measure as a clarification to the scope of the pre-

construction clearance survey work.

• CDFG requested that the avoidance period for the tri-colored blackbird referenced in

Section 6.6.2.5 of the AFC be extended to cover the period of mid-March through Mid-

August, if these birds are found to be present at the water treatment plant when

construction is planned to begin. Avenal Power Center, LLC hereby incorporates this

extended avoidance period as a modification to the tri-colored blackbird avoidance

measure in AFC Section 6.6.2.5. CDFG staff clarified that this measure need only be

implemented if the tri-colored blackbird colony is found to be present at the water

treatment plant prior to construction. If the colony arrives at the water treatment plant

after construction in the buffer zone has begun, then no mitigation is required.

4.0 CULTURAL RESOURCES 

Various individual data adequacy items have been identified for the cultural resources section of 

the AFC, but most are related to two overlying data needs: (1) a need for an historic architecture 

survey; and (2) a need for a new California Historical Records Information System (CHRIS) 

records search. The historic architecture survey and the new CHRIS records search have been 

completed and results are provided as attachments to this Supplement. Each of the data 

adequacy items are addressed below. 

4.1 Mitigation Measures for Impacts to Historical Architectural Resources, if any are Identified 

The historical architecture survey did not identify any historical architectural resources in the 

project vicinity. Therefore, there will be no impact to historical architectural resources and no 

mitigation is proposed. 

.---,,\ 

! 

Avenal Energy AFC 2 CTRC 
Attachment C: 

I 

Excerptifrom June 2008 - Response to CEC Data Requests #1-74 

Technical Area - Biological Resources 

Data Requests/Responses #7 through #1O. 
Technical Area: Biological Resources 

Author: Laurel Cordonnier 

BACKGROUND 

The Avenal Energy Application for Certification (AFC) states that the parcel for the project is 

148 acres, but only approximately 26 acres will be developed for the proposed power plant. 

However, the AFC does not state what portion of the 148 acres will be fenced. Energy 

Commission staff 'needs to know the proposed area to be fenced to assess th.e impacts to 

biological resources in the vicinity. 

DATA REQUEST 

7. Please describe' how much of the 148-acre parcel will be fenced and provide a map 

showing where the 26-acre portion to be occupied by the proposed plant will be 

located. 

RESPONSE 

Table 2.3-7 in the AFC provides acreages of construction and operations disturbance. 

As shown in that table, the power plant facility and access road will total approximately 

25 acres of permanent disturbance onsite. Approximately one acre of additional 

disturbance will occur at tower footings offsite that will be outside project fencing. 

This facility footprint for the 25 acres of onsite disturbance is shown superimposed on 

orthorectified aerial photographs in AFC Figures 2.1-3B and 2.1-5A, and shown in plan 

format in AFC Figure 2.3-10. Exhibits 7-1,7-2 and 7-3 provide full-size AFC Figures 

2.1-4, 2.3-9 and 2.3-11 with revisions to clarify site fencing plans. 

As shown in Exhibit 7-1, fencing will be constructed at the perimeter !of the 148-acre 

parcel, except the perimeter fence will be held back 300 feet from the !San Luis Canal 

(measured from the inside top of the canal embankment). This fencing will consist of 

4-foot high wire-strand fencing. 

Additional 'Plant security fence will be constructed at the perimeter of the power block 

area (see Exhibit 7-1) and around the storm water evaporation/percolation basin. 

This fence will consist of a grounded eight-foot high chain link fence with 'security wire 

(e.g., razor wire) at the top. 

BACKGROUND 

The AFC states that the United States Bureau of Reclamation Right of Way (ROW), 

containing the California Department of VVater Resources San Luis Canal and maintained 

grasslands, is immediately adjacent to the site. This ROW contains habitat for biological 

resources and is a migration corridor. The ROW widths vary from 20 feet to 400 feet wide, 

averaging 80 feet and the AFC proposes a 300 foot setback from the canal. The AFC also 

discusses two agricultural wells (#18-1 and #18-4) adjacent to the ROW that are planned for 

non-emergency raw water sources in addition to raw water from the Avenal Water Plant 

immediately adjacent to the site. Energy Commission staff needs more information about 

6 
anticipated impacts to the ROW to assess the impacts to biological resources. 

DATA REQUEST I 

8. Please describe any anticipated impacts to the ROW that might occur through 

construction of the proposed power plant and water pipelines trom agricultural wells 

#18-1 and #18-4. 

RESPONSE 

Section 2.3.18.4 of the AFC states "[p]roject water pipelines will be installed 

underground". Power for the pumps also will run underground along the pipeline 

routes. The pipeline routes to the back up supply Wells 18-1 and 18-4 (Figure 2.1-5A), 

which run near the canal, have been designed to stay outside of the canal right-at-way. 

Figure 2.1-3A in the AFC shows land parcels in the area and shows the pipeline will 

not be in the ROW. Installation will occur adjacent to the ROWand will involve typical 

construction activities including: trenching; hauling and stringing of pipe along the 

routes;l welding; radiographic inspection and coating of pipe welds; lowering welded 

pipe into the trench; hydrostatic testing; backfilling, and restoring the approximate 

surface grade. No impacts to the ROW will occur given that construction activities will 

be outside the ROW. The ROW boundary will be surveyed and construction fencing 

will be provided to demark the limits of disturbance outside of the ROW, so that 

construction stays outside of the ROW. 

T~e same is true for the power plant construction. The ROW is not part of the project 

site and will not be disturbed. From the beginning of construction, the 300 foot setback 

from the canal will remain undisturbed as mitigation for biological resources and to 

maintain the migration corridor. The site perimeter fence will be set back from the 

canal so as not to disturb any area within 300 feet of the canal. Exhibit 7-1 shows the 

project fencing which takes into account the setback. 

9. Please describe measures to be utilized to minimize impacts to the habitat associated 

with the ROWand canal. I 

i 

RESPONSE 

See Response No.8. No additional mitigation measures are necessary given that no 

impacts to habitat in the ROW or canal wUI occur. Water pipelines are the only project 

facility that will be adjacent to the Canal ROW. At the site, project development is 

designed to stay at least 300 feet away from the Canal, which is approximately 100 

feet outside of the outer edge of the Canal ROW. The ROW boundary will be 

surveyed and construction fencing will be provided to demark the limits of disturbance 

outside of the ROW, so that construction stays outside of the ROW. 

7 
BACKGROUND I 

I 

During an informal site visit on April 11, 2008, the Energy Commission staff viewed soil berms 

approximately 0.5 mile to the south and 0.3 mile east of the project site. These berms contain 

burrows and could be habitat for the burrowing owl (Athene cunicularia), a state species of 

concern. There is also vegetation between the berm and the project site which could act as 

cover for wildlife species. Energy Commission staff needs more information regarding the 

possible disruption of this potential habitat area. ' 

DATA REQUEST 

10. Please provide a description of impact avoidance measures to be employed during 

project construction for the potential wildlife use areas associated with berms and 

vegetation to the south and east of the project site. 

RESPONSE 

Pre-construction burrowing owl surveys will be conducted no more than! 30 days before 

ground disturbance. The areas to be surveyed will include suitable habitat on-site and 

at the proposed transmission tower locations, and within 150 meters of the site 

construction disturbance footprint. The surveys will be conducted in accordance with 

Burrowing Owl Consortium guidelines. If active burrows are found avoidance or 

relocation will occur in accordance with Burrowing Owl Consortium guidelines. A copy 

of the guidelines is included in Exhibit 10-1. 

8 
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