'/., 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 1 0, 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 of the 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~ation** for 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 of the 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 Ii 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 of the Air Permits Offife at (415) 972-396p; 9r you may contact me at (415) 972-3974. ! i incerely, I 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** 9RECEIVED I**v~nal** Power Center, LLC OCT 3 2008**~OQ** Dallas Street, Level 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 of tHe 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 of the 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 Iu.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 of 4-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 of**th~** 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 of security wire**(~.g.,** razor wire) r the 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 of the 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 of the 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 · IU.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 9f the 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 of this 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 of the temporary disturbance rreas at the completion**~f** construction, so none of the temporary disturbances will be covered**wi~** gravel once construction is complete. A portion of what 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** staff parking (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. UponU.S. Fish and wildllfe Service I Octol1 er 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 of the 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:II".II//'.....-1//PLANT/'/'./PROPERTYLINE......................_,./.-"".----I - •/'/',rur"",..""rr<,.....r/',-1--1-1-1!/U""lI:.-,...!:/7'\'V/',/PROPOSEDSECURITY/'/FENCEITYPI/'//'I/'/PLA",'D:'''''L--I/1<.2,t,/'/'//'TURNAROUNDr"".OAniI__1__­--=,NJ>,/,/:;:!::;I///..........,ACCESS/'ROAD//10.8ACII/SUONWlYACCESSI/'I//f///PROPOSEDSECUR'TYFENCEITYPI!.'S!Iu_///tuG""."""I,/I./"305ACIPROPOSED-------IiFENCEITYPI.'...'ACCESS.....'t,,"STRUt'"''u_//r/I'D.''tl/ IiII,·---"PROPER"T'Y'··LIN-£'"IacHERrC.".FA......AREASDISTUR8ED8YCONSTRUCTIONOPERATIONS+1PLANTISLANDANDSWITCHYARO-23.6CONSTRUCTIONLAYOOWNAREAS•23.SHEAVYEOUIPMENTSTAGINGAREA.3.1iSTAFF/CRAFTPARKING.6.0OJSTORMWATERHOLDINGBASIN..".6IPLANTACCESSROADS-6.5Ta.POAARYEWEACENCYSTAGINGAREA.0.9TOTALAREADISTURBED•68.20---­......]1II'CI«wvvtI£f(1l[llC(MIl.....RR£FtIl(lC;(DIl_a:cTFEDERALPOWERAVENAL,LLCA"".-01IIMDFllIlCEC1FCEAHIAVENALENERGYPROJECTFLU0•"'-&1001aDD"Sll[1I'OAl[IIllII_•o:.c::.:..AVENAL,CALIFORNIA: _SlJIl[II'II5IIIl""Oo\Tton,IC""2J-GIGDlEJtM.Sll[1I'OAl[IIllII-NOTU'TItSDltAWIlGHASNOT(l[[HPUlIU5t£OAN)ISTtl:...-1'.,.,01FIGURE2,3-12I IICONSTRUCTION'OFFICES,If\.UllIl1",,00\T[PARKINGANDLAYDOWNAREASsc.u11II_1UEIPIJIPOSE011£RTHANtHATFOR15FUINISI£O.QDlI""DAlE1"-200'IA3DV01-0-SK-O-CT-02mwCiTTlR(FAllACl£D-'1ESONODIWfJAl.awa:slIWl(•YES0NO0owerulftATEO-'ESONOOMllD£LlI'OAl[D-'1ESONOOICAOrulWil[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 of the olant security fencej

Road length is approximately**2,60~** ft from the pav9ment on Avenal Cutoff Road 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. Each II structure will require approximately**~3** ,600 sq ft of temporary 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 of the pipeline interconnectipn will occur outside A venal CutbffRoad and Plymouth A venue 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 1.8

1 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 of the 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 of the 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 do cum edt 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 of Avenal, 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 macro tis 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 of fencing 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 Figure l 2.3

­ 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 of the 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 of the 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 of the date of this letter, we no longer track this action as an**a~tive** I endangered species consultation. Reinitiation of consultation wid require a letter from yof that includes the requested information. II I i I3 Mr. Ger1dO C. Rios 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 I II. 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· of**Av~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 of Aven:al. PO'werCentet, LLC, .I 'herehy attest under penalty of**peljul~Y** that the contefl.ts of t.his ·apgli;catfop. supplem.ent are:tllJe an4 accura,te tQ the best o'f my 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, A venal 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 CTRCSUPPLEMENT TO THE APPLICATION FOR CERTIFICATION AVENAL ENERGY I I 1.0 INTRODUCTION This Supplement to the Application for Certification (AFC) for Avenal Energy (08 J AFC-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. I2.0AIR QUALITY

" I One AFC data adequacy item has been identified related to air I quality; 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 (EP A)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 6.2-2

1 0 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 of the AFC. I 3.0 BIOLOGICAL**RESOURC~S** The biological resourcessection of the AFC does not have any identified data adequacy

1 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 CTRCSUPPLEMENT 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 6.6.2.5of the AFC include pre-construction clearance survey for the burrowing owl at themargins of the 148-acre site and extending outward 300 feet beyond the site boundary inaccordance 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 inSection 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 whenconstruction is planned to begin. Avenal Power Center, LLC hereby incorporates thisextended avoidance period as a modification to the tri-colored blackbird avoidancemeasure in AFC Section 6.6.2.5. CDFG staff clarified that this measure need only beimplemented if the tri-colored blackbird colony is found to be present at the watertreatment plant prior to construction. If the colony arrives at the water treatment plantafter 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 CTRCAttachment C: I Excerptifrom June 2008

- Response to CEC Data Requests #1-74 Technical Area

- Biological Resources Data Requests/Responses #7 through #1 O.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 6anticipated 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. 7BACKGROUND 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**v-~'G** 3t1n81,:j 8,:j\f 03S11\3t1**~-L** J.181HX3TJUlIIIllICITY(J'AVENALWATERTREAt£NTPUNT,\•Q"c::::'-)FJD0EIiERG.ACCESSGATE:t:.IUU·litliEU18-4\JJ'-f...aQOc9<WATERI<lI/J'"-f.....f(oGoGASLINEWATERLINEFROMWATERlTREATNENTFACILITY"sTffiWWATER8AsiNTURHAROUHOGATEiSECONDARYACCESSROADGATEElEC11IIC.IllRAHSilISSllJiLINE/PRCflERTYLINE'rKOCHERCENFARMROADIN.1.917.806L6.2-i8.074N.1.917.13-iLG.2H.871N.'.917.635E.6.2H.772EXHIBIT7-1-.IIIEYIDAl£1AEVlSICHCOCllI'llON1,,10«1-.1IlUEJOC[lIW.....FEDERALPOWERAVENAL.LLCAmlOlISSUEDFORREVIEWllfSOOIYAVENAl.ENERGYPROJECTFLU0ItAVENAL.CAlIFORNIAB/1010ISSUEDFORCECAFC•!;CWW,p-UTILITYINTERFACESFIGURE2.1-4t±E±1IillI.,...."".........."',""........,,,.,,...SITEPLANCONCEPTUAlDESIGN_lIMOlIPIMPOSEonoTtWlTKATfOftWItCHITISfUNSI£D.A3DV01-1-SP-S-OO-lCiPlOTllI\T£'lCllfFATIIOIm-Y£SCNOClIWfJALawc:o"--'l'£SCNOCDWOFUUI'DATED-Y£SCNOCIIClClO.\JIllATm-mcNOC50'"p",-,----Ja-£'G**3~nE)l.:j** 8.:j'f**a3S11\3~**

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