Sutter Power Project

Mitigation Action Plan

for the Sutter Power Project

Interconnection

Prepared to Accompany

DOE/EIS 0294

Sierra Nevada

Customer Service Region

Western Area Power Administration

U.S. Department of Energy

May 1999
Western Area Power Administration Sutter Power Project Interconnection

Sierra Nevada Region May, 1999

i

Table of Contents

Introduction............................................................................................................ 1

Mitigation................................................................................................................ 2

Monitoring and Reporting.................................................................................. 2

Conservation ......................................................................................................... 3

Document Preparers ........................................................................................... 3

Documents Referenced...................................................................................... 3

List of Acronyms .................................................................................................. 4

Area Map................................................................................................................. 5

Appendix A: Mitigation of Interconnection Impacts by Resource

Air Quality..................................................................................................... A-1

Land Use ....................................................................................................... A-2

Visual Resources........................................................................................... A-2

Biological Resources..................................................................................... A-3

Cultural Resources ........................................................................................ A-13

Paleontological Resources............................................................................. A-24

Facility Design .............................................................................................. A-27

Appendix B: U.S. Fish and Wildlife Service Standard Avoidance

and Minimization Measures During Construction Activities

in Giant Garter Snake Habitat
MITIGATION ACTION PLAN

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Sierra Nevada Region May 1999

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Mitigation Action Plan

for the

Sutter Power Project Interconnection

INTRODUCTION

Calpine Corporation (Calpine) proposes to construct the Sutter Power Project (SPP) in

Sutter County, California, on a portion of a 77-acre parcel of land owned by Calpine (see

Figure 1, page 5). The SPP will consist of a nominal 500-megawatt (MW) net electrical

output natural gas-fired, combined-cycle generating facility. The power plant and

Western's Keswick-Elverta and Olinda-Elverta double-circuit 230-kilovolt (kV)

transmission lines will be interconnected by a generation tie line consisting of

approximately 4 miles of 230-kV transmission line and a 230-kV switching station at

some point south and west of the plant. This generation tie line will be constructed as a

double-circuit transmission line, but initially operated as a single circuit. A new 12-mile

natural gas pipeline would be constructed to provide fuel for the project. The SPP will be

a “merchant plant,” selling power on a short-term and midterm basis to customers, and on

the spot market. Calpine will assume all economic costs. Power produced by this plant

will be sold at the market price and made available to all market participants.

Calpine submitted a request to Western for a direct interconnection of Calpine’s SPP with

Western’s electric transmission system. In response to this request, Western completed

an Interconnection Feasibility Study that determined it would need certain direct

interconnection facilities, modification of associated facilities and operational

adjustments to its transmission system to accommodate the SPP generation. Western is

moving forward on an Interconnection Agreement with Calpine for the SPP, including

agreements for making the appropriate modifications to Western’s transmission system.

Western is the lead federal agency pursuant to the National Environmental Policy Act

(NEPA) for the SPP. The California Energy Commission (Commission), a regulatory

agency of the state of California, has the statutory authority to license thermal power

plants of 50 MW or more and is the state lead agency for the SPP. The Commission

prepares environmental documentation equivalent to the California Environmental

Quality Act. Western and the Commission determined that joining the two processes

would provide many benefits to the public. The Commission and Western released a

joint Draft Environmental Impact Statement (EIS)/Final Staff Assessment (FSA) in

October 1998. Following the release of Western’s Draft EIS, Western determined that

the next document in the Commission process, the Presiding Member’s Proposed

Decision (PMPD), would be an inappropriate form for Western to present responses to

comments on the Draft EIS. Western was concerned that combining the PMPD and the

Final EIS could appear to predecision the outcome of the review process. Therefore,

Western prepared its own Final EIS, with input from the Commission. Western released
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the Final EIS in April 1999. Western has prepared a Record of Decision (ROD) for the

SPP and this Mitigation Action Plan (MAP) details the specific mitigation required in that

Record of Decision. This MAP was developed in accordance with NEPA (42 U.S.C.

4321, et seq.), the Council on Environmental Quality NEPA implementing regulations

(40 CFR parts 1500-1508), and Department of Energy regulations implementing NEPA

procedures (10 CFR part 1021). This MAP specifically addresses the requirements of 10

CFR § 1021.331 on mitigation action plans.

MITIGATION

The EIS process identified impacts that would occur as a result of the proposed action

and a series of mitigative measures to minimize those impacts. A total of 165 Conditions

of Certification, essentially mitigation measures and controls, were identified in the

Commission’s Decision on the SPP. Western has summarized all of these conditions in

the Final EIS, Appendix O. However, not all of these Conditions relate to Western’s

action of agreeing to an interconnection. This MAP details mitigation for those actions

needed to allow an interconnection with Western’s transmission system. The site specific

mitigation measures listed in Appendix A are fully described in the Final EIS (Appendix

0) and in the Commission’s Decision. These documents should be reviewed in

conjunction with this plan to better understand the mitigation measures listed in the

appendix. Additionally, some mitigative measures were included to provide Western

with information to monitor and interact with the project, as necessary, such as providing

the names of project managers, etc.

Copies of the Draft and Final EIS may be obtained by contacting:

Ms. Loreen McMahon, Environmental Project Manager

Sierra Nevada Customer Service Region

Western Area Power Administration

114 Parkshore Drive, Folsom, CA 95630-4710

Telephone: (916) 353-4460

E-mail: mcmahon@wapa.gov

Websites containing these documents and information regarding this project include:

Western Area Power Administration: http://www.wapa.gov

U.S. Department of Energy: http://www.tis.eh.doe.gov/nepa/

MONITORING AND REPORTING

Western’s Sierra Nevada Customer Service Region will monitor the mitigation described

in this Plan (Appendix A). In accordance with DOE Order 5440.1E, Western will submit
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an annual report to DOE’s Office of NEPA Policy and Assistance, EH-42, beginning

with the first Annual Site Environmental Report prepared after the onset of construction

activities, regarding the status of the mitigative measures and any changes associated

with them. (The changes could come about as the result of a landowner request or

changes in the status of an environmental resource.) The Commission’s Compliance

Project Manager (CPM) will monitor the 165 Conditions of Certification. Western will

be consulted on these actions, where appropriate. Western’s contact for mitigation

monitoring will be the Environmental Project Manager, see above.

CONSERVATION

Section 7(a)(1) of the Endangered Species Act (ESA) directs Federal agencies to use their

authorities to further the purposes of the ESA by carrying out conservation programs

benefiting endangered and threatened species and the ecosystems upon which they

depend. To that end, Western will incorporate conservation recommendations provided

in the U.S. Fish and Wildlife Service (FWS)1

 biological opinion, to the extent practicable.

This MAP has provisions for the FWS conservation recommendation to include random

ground searches for bird strikes during migration and wintering periods.2

DOCUMENT PREPARERS

Loreen McMahon, Environmental Project Manager

Nick Chevance, Environmental Specialist

Nancy Werdel, Environmental Manager

DOCUMENTS REFERENCED

California Energy Commission. 1999. Commission Decision: Application for

Certification for the Sutter Power Plant Project, Docket No. 97-AFC-2.

Sacramento, CA.

Calpine Corporation. 1998. Biological Resources Mitigation Implementation Plan for the

Sutter Power Plant Project, Sutter County, California. Sacramento, CA.

 

1

 SPP Final EIS, Appendix T.

2

 Ibid, page 31.
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Western Area Power Administration and California Energy Commission. 1998. Final

Staff Assessment/Draft Environmental Impact Statement Filed Jointly for the

Sutter Power Project (Application for Certification 97-AFC-2), Sutter County,

California. Sacramento, CA.

Western Area Power Administration. 1999. Sutter Power Project Final Environmental

Impact Statement (DOE-EIS 0294). Sacramento, CA

LIST OF ACRONYMS

BO ..................................................... biological opinion

BRMIMP........................................... Biological Resource Mitigation Implementation

 and Monitoring Plan

Calpine .............................................. Calpine Corporation

CBO................................................... chief building official

CCR................................................... California Code of Regulations

CDFG ................................................ California Department of Fish and Game

CEQA................................................ California Environmental Quality Act

CFR ................................................... Code of Federal Regulations

Commission....................................... California Energy Commission

COC................................................... Condition of Certification (Commission)

Corps ................................................. U.S. Army Corp of Engineers

CPM .................................................. Compliance Project Manager (Commission)

CRMMP ............................................ Cultural Resources Monitoring and Mitigation Plan

EIS..................................................... Environmental Impact Statement

FSA.................................................... Final Staff Assessment

FWS................................................... U.S. Fish and Wildlife Service

HRSG ................................................ heat recovery steam generators

kV...................................................... kilovolt

LORS................................................. laws, ordinances, regulations and standards

MAP .................................................. Mitigation Action Plan

MP ..................................................... mile post

MW ................................................... megawatt

NAHC................................................ Native American Heritage Commission

NEPA ................................................ National Environmental Quality Act

PMPD................................................ Presiding Member’s Proposed Decision

Project owner..................................... Calpine Corporation

RE...................................................... resident engineer

ROD .................................................. Record of Decision

SHPO................................................. State Historic Preservation Officer

SPP .................................................... Sutter Power Project

Western.............................................. Western Area Power Administration
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AREA MAP
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Appendix A:

Mitigation of Interconnection Impacts

by Resource1

AIR QUALITY

A. ENVIRONMENTAL COORDINATOR

Description of Commission Condition of Certification (COC): Prior to the start of

construction (defined as any construction-related vegetation clearance, ground

disturbance and preparation and site excavation and soil remediation activities), the

project owner shall provide the CPM with the following information: the name,

telephone number, resume and indication of the environmental coordinator’s on-site

availability.

Protocol: The resume shall include appropriate education and/or experience in

environmental management or coordination such as monitoring hazardous waste site

remediation, experience as an inspector with an air pollution control district, or

experience as an environmental health and safety project manager.

The CPM will review the qualifications of, and must approve in writing, the project

owner’s designated environmental coordinator prior to the start of construction.2

COMMISSION

VERIFICATION PROCESS

WESTERN

MONITORING

At least 30 days prior to the start of

construction, the project owner shall submit to

the CPM for review and written approval the

information required above.3

Calpine will provide Western with a copy of

the CPM approval and the resume of the

selected environmental coordinator.

 

1

 This document does not attempt to quote verbatim the Commission’s Conditions of Certification. The

COC information is provided as background data for Western’s monitoring. A COC citation is provided

for reference to the complete text, located in the SPP Final EIS.

2

 SPP Final EIS, Appendix O, page 1, AQ-3.

3

 Ibid, page 1, AQ-3.
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LAND USE

A. SUTTER COUNTY BOARD OF SUPERVISORS COORDINATION

Description of Commission Condition of Certification: Where indicated by safety

concerns, the transmission line shall have a minimum clearance of 42 feet from the

ground to the conductor at maximum sag and the transmission line shall be designed

to satisfy the safety concerns of Sutter Extension Water District and Sutter County

(on behalf of aerial applicator safety, and public safety), including any applicable

provisions of Article 86, state of California High Voltage Electrical Safety Order,

section 2946.4

COMMISSION

VERIFICATION PROCESS

WESTERN

MONITORING

At least 30 days prior to the start of

construction the project owner shall submit to

the CPM a copy of a letter from the Sutter

County Board of Supervisors stating that the

Board of Supervisors has conferred with

Calpine and the Sutter Extension Water

District to agree on measures necessary to

ensure compliance of the transmission line

with the applicable provisions of Article 86,

state of California High Voltage electrical

Safety Order, section 2946.5

Calpine will provide Western with the letter

from the Sutter County Board of Supervisors

at the same time it is submitted to the CPM.

VISUAL RESOURCES

A. TRANSMISSION LINE PLAN

Description of Commission Condition of Certification: To minimize potential

visual impacts, the project owner shall place all electrical transmission poles so as to

not be directly in front of any residence and, to the extent possible, so as to not be

directly in the view of the Sutter Buttes from any residence.

Protocol: At least 60 days prior to construction of the transmission line, the project

owner shall submit a plan to the CPM showing:

 All proposed pole locations;

 All residences within one-quarter mile of the proposed transmission line route that

have a view of the transmission line;

 

4

 SPP Final EIS, Appendix O, page 8, Land Use-5.

5

 Ibid.
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 The line of sight from each of the residences toward the Sutter Buttes.

Project owner shall prepare and submit a revised plan if the CPM provides

notification to the project owner that it is needed for approval.

Transmission pole placement shall not begin before the plan is approved. The project

owner shall notify the CPM when the poles have been installed and are ready for

inspection.6

COMMISSION

VERIFICATION PROCESS

WESTERN

MONITORING

At least 60 days prior to beginning

transmission line construction, the project

owner shall provide the electrical transmission

pole plan to the CPM for review and approval.

If the CPM notifies the project owner that

revisions of the plan are needed before the

CPM will approve the plan, the project owner

shall submit to the CPM a revised plan within

30 days of receiving that notification

The project owner shall notify the CPM within

seven days after completing transmission line

construction that the line is ready for

inspection.7

Calpine will provide a copy of the

transmission line plan (and any requested

revisions) to Western at the same time they

submit the required material to the CPM.

BIOLOGICAL RESOURCES

A. DESIGNATION OF BIOLOGIST

Description of Commission Condition of Certification: Construction-site and/or

ancillary facilities preparation (described as any ground-disturbing activities other

than allowed geotechnical work) shall not begin until the CPM-approved, designated

biologist is available on site.

Protocol: The designated biologist must meet the following minimum qualifications:

1) A bachelor’s degree in biological sciences, zoology, botany, ecology or a closely

related field;

 

6

 SPP Final EIS, Appendix O, page 11, VIS-7.

7

 Ibid.
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2) Three years of experience in field biology or current certification of a nationally

recognized biological society, such as the Ecological Society of America of the

Wildlife Society;

3) One year of field experience with resources found in or near the project area;

4) Ability to demonstrate to the satisfaction of the CPM the appropriate education

and experience for biological resource tasks to be addressed during project

construction and operation.

If, within 30 days of receiving the proposed designation, the CPM determines the

proposed designated biologist is unacceptable, the project owner shall submit another

individual’s name and qualifications for consideration.

If the approved designated biologist needs to be replaced, the project owner shall

obtain approval of a new designated biologist by submitting to the CPM the name,

qualifications, address and telephone number of the proposed replacement.

No disturbance will be allowed in any designated sensitive area(s) until the CPM

approves a new designated biologist and designated biologist is on-site.8

COMMISSION

VERIFICATION PROCESS

WESTERN

MONITORING

 At least 30 days prior to the start of rough

grading, the project owner shall submit to the

CPM for approval, the name, qualifications,

address and telephone number of the

individual selected by the project owner as the

designated biologist. If a designated biologist

is replaced the information on the proposed

replacement as specified in the Condition must

be submitted in writing at least 10 working

days prior to the termination or release of the

preceding designated biologist.9

Calpine will provide Western with a copy of

the qualifications of the CPM-approved

biologist and a copy of the Commissionapproval and designation of the designated

biologist prior to the commencement of

construction activities.

Calpine will submit the biologist’s

qualifications to the FWS for approval. The

designated biologist will comply with the FWS

reporting documentation and provide copies of

all communications with the FWS to Western.

B. BIOLOGICAL NON COMPLIANCE PROTOCOL

Description of Commission Condition of Certification: The project owner’s

supervising construction and operating engineer shall act on the advice of the

designated biologist to ensure conformance with the biological resource COC.

 

8

 SPP Final EIS, Appendix O, page 11, BIO-1.

9

 Ibid.
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Protocol: The project owner’s supervising construction and operating engineer shall

halt, if needed, all construction activities in areas identified by the designated

biologist as sensitive to ensure potential significant biological resource impacts are

avoided.

The designated biologist shall:

1) Tell the project owner and the supervising construction and operating engineer

when to resume construction;

2) Advise the CPM if any corrective actions are needed or have been instituted.10

COMMISSION

VERIFICATION PROCESS

WESTERN

MONITORING

Within two working days of a designated

biologist’s notification of non compliance with

a Biological Resources Condition or a halt of

construction, the project owner shall notify the

CPM by telephone of the circumstances and

actions being taken to resolve the problem or

the non compliance with a COC.

For any necessary corrective action taken by

the project owner, a determination of success

or failure will be made by the CPM within five

working days after receipt of notice that

corrective action is completed, or the project

owner will be notified by the CPM that

coordination with other agencies will require

additional time before a determination can be

made.11

Calpine will ensure that its supervising

construction and operating engineer act on the

advice of the designated biologist and

understand the biologist has the authority to

halt construction, if the biologist deems it

necessary. Within two working days of a

designated biologist’s notification of noncompliance with a Biological Resources

Condition or a halt of construction. Calpine

shall notify Western by telephone of the

circumstances and actions being taken to

resolve the problem or the non-compliance.

The designated biologist shall ensure the FWS

Sacramento Office Division Chief for

Endangered Species (3310 El Camino Avenue,

Suite 130, Sacramento, CA, 95821-6340,

916/979-2725) is appropriately notified and

consulted regarding endangered species as

noted in the biological opinion.12 This

coordination includes all monitoring, notifying

and reporting requirements. The designated

biologist will comply with the FWS reporting

documentation and provide copies of all

communications with the FWS to Western.

C. WORKER ENVIRONMENTAL AWARENESS PROGRAM

Description of Commission Condition of Certification: The project owner shall

develop and implement a Worker Environmental Awareness Program, in which each

 

10 SPP Final EIS, Appendix O, page 12, BIO-3.

11 Ibid.

12 Ibid., Appendix T.
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of its own employees, as well as employees of contractors and subcontractors who

work on the project site or related facilities (including any access roads, storage areas,

transmission lines, water and gas lines) during construction and operation, are

informed about biological resource sensitivities associated with the project.

Protocol: The Worker Environmental Awareness Program:

1) Shall be developed by the designated biologist and consist of an on-site or

classroom presentation in which supporting written material is made available to

all participants;

2) Must discuss the locations and types of sensitive biological resources on the

project site and adjacent areas;

3) Must present the reasons for protecting the resources;

4) Must present the meaning of various temporary and permanent habitat protection

measures;

5) Must identify who to contact if there are further comments and questions about

the material discussed in the program.

The program can be administered by a competent individual(s) acceptable to the

designated biologist.

Each participant in the on-site Worker Environmental Awareness Program shall sign

a statement declaring that the individual understands and shall abide by the guidelines

set forth in the program material. The person administering the program shall also

sign each statement.

The signed statements for the construction phase shall be kept on file by the project

owner and made available for examination by the CPM for a period of at least six

months after the start of commercial operation. Signed statements for the project

owner for the duration of their employment and for six months shall keep active

operational personnel on file after their termination.13

COMMISSION

VERIFICATION PROCESS

WESTERN

MONITORING PROCESS

At least 30 days prior to the start of rough

grading, the project owner shall provide

copies of the Worker Environmental

Awareness Program and all supporting written

materials prepared by the designated biologist

and the name and qualifications of the

person(s) administering the program to the

CPM for approval. The project owner shall

Calpine will consult with the FWS in the

preparation of the Worker Environmental

Awareness Program and provide

documentation of this consultation to

Western. At least 30 days prior to the start of

construction of the transmission line and/or

substation, Calpine shall provide copies of the

Worker Environmental Awareness Program to

 

13 SPP Final EIS, Appendix O, page 12, BIO-4.
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COMMISSION

VERIFICATION PROCESS

WESTERN

MONITORING PROCESS

state in the monthly compliance report the

number of persons who have completed the

training in the prior month and a running total

of all persons who have completed the

training to date.14

Western.

D. GIANT GARTER SNAKE MITIGATION

Description of Commission Condition of Certification: The project owner shall

ensure the following measures are implemented to avoid or mitigate project impacts

to giant garter snakes:

1) Avoid trenching or auguring activities within 200 feet of giant garter snake habitat

from October 2 through April 30, where feasible.

2) Have the designated biologist on-site during construction activities that occur

between October 1 and May 1. The FWS will be contacted if a giant garter snake

is found trapped and they will come out to remove it.

3) Within 24 hours prior to the start of construction activities, the site shall be

inspected for snakes by the designated biologist. Observed snakes should be

reported and cleared to an area that will not be affected by construction within the

next 24 hours. If a snake is encountered during construction activities, the

designated biologist shall be contacted and take appropriate measures to ensure

the snake is not harmed.

4) Avoid obstructing the flow of water through the canals (dewatering). Any

dewatered habitat must remain dry for at least 15 consecutive days after April 15

and 15 consecutive days prior to excavating or filling dewatered habitat.

5) Prevent construction activities run off from entering giant garter snake habitat.

6) Restrict vegetation clearing to the minimal area necessary to facilitate

construction activities. Mark and avoid giant garter snake habitat in or adjacent to

the project that will not be directly affected by construction activities.

7) Provide replacement habitat at a location acceptable to FWS and the California

Department of Fish and Game (CDFG) to compensate for habitat lost.

8) Mow, rather than disk, to control vegetation on-site. Mower blades should be

raised to at least 6 inches during the snake’s active period of May 1 to October 1.

9) Conduct activities to clear vegetation in the irrigation canals as necessary to

minimize disturbance to snake habitat and in accordance with methods approved

by FWS and CDFG.

10) Eliminate wastewater discharge (as described in Condition Soils&Water-215).16

 14 SPP Final EIS, Appendix O, BIO-4.

15 Ibid., Appendix O, page 18.
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COMMISSION

VERIFICATION PROCESS

WESTERN MONITORING

At least 45 days prior to rough grading, the

project owner shall provide to the project

CPM for review and approval written

documentation (BRMIMP, BIO-1217) that

these measures will be or have been taken by

the licensee. The documentation will specify

the procedures used or that will be used to

implement these measures.18

Western will provide oversight of

construction activities to ensure transmission

line and/or substation construction activities:

(a) avoid auguring activities within 200 feet

of giant garter snake habitat between

October 2 and April 30,

(b) have the CPM-approved biologist on-site

between October 1 and May 1,

(c) have all areas to be disturbed checked for

snakes by the biologist and within 24-

hours prior to commencement of

construction activities, the site shall be

inspected by the biologist, who will

prepare a field report for Western and the

FWS,

(d) minimize vegetation clearing within

snake habitat,

(e) environmentally sensitive habitat will be

flagged by the biologist, as he determines

necessary for avoidance,

(f) use mowing for fire control, rather than

disking,

(g) use herbicides with no residual or

migratory effects,

(h) revegetate habitat after construction, and

(i) Calpine shall provide Western with

documentation of habitat compensation.

E. SWAINSON’S HAWK MITIGATION

Description of Commission Condition of Certification: The project owner shall

ensure the following measures are implemented to mitigate or avoid project impacts

to Swainson’s hawks:

 16 SPP Final EIS, Appendix O, page 13, BIO-8.

17 BRMIMP is a CA Energy Commission term for Biological Resource Mitigation Implementation and

Monitoring Plan.

18 SPP Final EIS, Appendix O, page 13, BIO-8.
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1) The designated biologist shall conduct preconstruction surveys during March

through June construction years to determine if an active nest site is within 0.5

miles of construction activities.

2) The owner shall design the project to avoid removal of nest trees and to avoid

placement of the transmission line within 0.1 mile of nest trees.

3) The designated biologist shall monitor construction activities that occur within 0.5

miles of an active next site between March 1 and August 15 or until fledglings are

no longer dependent on the nest tree. The monitoring plan shall be acceptable to

CDFG.19

COMMISSION

VERIFICATION PROCESS

WESTERN

MONITORING

At least 45 days prior to rough grading, the

project owner shall provide to the project CPM

for review and approval written documentation

(BRMIMP, Bio-12) that the above measures

will be accomplished by the applicant and

specify the procedures used or that will be

used to implement these measures.20

Calpine shall provide Western with

documentation that the above measures are

accomplished. Western will consult with the

designated biologist to ensure the project

owner avoids placement of transmission line

poles within 0.1 miles of Swainson’s hawk

nesting trees.

F. MIGRATORY BIRD MITIGATION

Description of Commission Condition of Certification: The project owner shall

ensure the following measures are implemented to mitigate or avoid project impacts

to migratory birds:

1) Powerlines shall be constructed following recommendations in Suggested

Practices for Raptor Protection on Power Lines; The State of the Art in 1996

(Avian Powerline Interaction Committee, 1996).

2) Powerlines located in sensitive areas (e.g., over Gilsizer Slough and through

potential foraging or flyway areas) shall be fitted with bird flight diverters placed

on the ground wire at 16.4-foot intervals. Sensitive areas shall be identified in the

BRMIMP (COC Bio-12).

3) Between October through March, measures shall be taken in areas of high

migratory bird use (such as Gilsizer Slough) to flush birds from the construction

area prior to stringing wires.

4) Develop a monitoring plan to analyze whether the transmission line and HRSG21

stacks are causing significant impacts from avian collision and/or electrocutions.

If it is determined that significant impacts are occurring, remedial mitigation

 

19 SPP Final EIS, Appendix O, page 13, BIO-9. (A full summary of this COC was not included above.)

20 Ibid., page 13, BIO-9.

21 HRSG: heat recovery steam generators.
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measures shall be proposed and implemented. A report presenting the monitoring

data and a discussion of the mitigation effectiveness shall be provided annually

for 10 years following the completion of construction. If it can be shown that

impacts to birds from the project are not occurring, the licensee has the option to

request staff to decrease the frequency or cease monitoring.22

COMMISSION

VERIFICATION PROCESS

WESTERN

MONITORING23

At least 45 days prior to rough grading, the

project owner shall provide to the project CPM

for review and approval written documentation

(BRMIMP, Bio-12) that these measures will be

accomplished by the licensee and specify the

procedures used or that will be used to

implement these measures. The avian

collision/electrocution monitoring plan annual

report shall be provided to the project CPM no

later than December 31 for each year

monitoring is required.24

Western will provide oversight of construction

activities to assure the transmission line and

substation activities:

(a) Consider the Practices for Raptor

Protection on Power Lines; The State of

the Art in 1996,

(b) Fit powerlines located in areas sensitive to

migratory birds with bird flight diverters

placed on the ground wire at 16.4 –foot

intervals,

(c) Provide suitable spacing between

conductor wires to minimize risk of

electrocution,

(d) Attempt to flush birds from construction

areas prior to stringing wires,

(e) Have an avian collision monitoring plan.

As a conservation measure, the plan shall

include a provision for random ground

searches for bird strikes during migration

and wintering periods.

G. WETLAND MITIGATION

Description of Commission Condition of Certification: The project owner shall

ensure the following measures are implemented to mitigate or avoid project impacts

on wetlands:

1) Provide in-kind replacement habitat at a location acceptable to FWS for wetlands

impacted by the project (BIO-13).

 

22 SPP Final EIS, Appendix O, page 14, BIO-10. (A full summary of this COC was not included above.)

23 Although Western’s Biological Assessment indicated that strobe lights would be used on the HRSG

stacks to deter avian collision, it was subsequently determined through the NEPA process and public

involvement that strobe lights would cause a visual impact. Therefore, they will not be utilized.

24 SPP Final EIS, Appendix O, page 14, BIO-10.
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2) Establish an endowment account adequate to provide funds for the perpetual

maintenance and management of the replacement habitat.

3) Mark and avoid all wetlands on site that will not be directly taken by the power

plant footprint and all wetlands along Hughes Road in the Sutter National

Wildlife Refuge.

4) Protect on-site wetlands not taken by the power plant footprint in perpetuity or

provide replacement habitat at a location and ratio acceptable to FWS and

establish an endowment account adequate to provide funds for the perpetual

maintenance and management of the replacement habitat.

5) Use an air-cooled condenser to eliminate wet-cooling tower evaporation and

incorporate drains designed to route contaminated runoff away from the

remaining wetlands or develop and implement a monitoring program to ensure the

wetlands remaining on-site are not degraded by project operations. The program

shall include parameters acceptable to FWS that monitor hydrologic quality and

productivity, and identify and defend reference or control wetlands for

comparative analysis. If it is determined that the on-site wetlands are negatively

impacted, propose remedial mitigation measures to be implemented. A report

presenting the monitoring data and a discussion of the mitigation effectiveness

shall be provided annually for the life of the project. If it can be shown that

wetlands are not being negatively impacted, the licensee has the option to request

Commission staff to decrease the frequency or cease monitoring.

6) Place a construction cloth over wetlands that could be impacted only or where

feasible, otherwise the wetlands will only be marked and flagged for avoidance.

7) Place the pipeline under or in the shoulder of Hughes Road.25

COMMISSION

VERIFICATION PROCESS

WESTERN

MONITORING

At least 45 days prior to rough grading, the

project owner shall provide to the project CPM

for review and approval written documentation

(BRMIMP, BIO-12) that the above measures

will be accomplished by the licensee and

specify the procedural terms for implementing

these measures. The wetland monitoring plan

annual report shall be provided to the project

CPM no later than July 1 for each year

monitoring is completed.26

Calpine shall provide Western with written

documentation verifying that the above

measures have been accomplished. Calpine

shall provide Western with a copy of the

Wetland Monitoring Plan and subsequent

annual report(s).

 

25 SPP Final EIS, Appendix O, page 14.

26 Ibid., page 14, BIO-11.
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H. FINAL BIOLOGICAL REPORTING

Description of Commission Condition of Certification: The project owner shall

submit to the CPM for review and approval a copy of the final Biological Resources

Mitigation Implementation and Monitoring Plan.

Protocol: The Biological Resources Mitigation Implementation and Monitoring Plan

shall identify:

• All sensitive biologic resources to be impacted, avoided or mitigated by project

construction and operation;

• All conditions agreed to in the FWS biological opinion and California Department

of Fish and Game (CDFG) Incidental Take Permit;

• All mitigation, monitoring and compliance conditions included in the

Commission’s Final Decision;

• All conditions agreed to the in the U.S. Army Corps of Engineers (Corps) Clean

Water Act permits;

• All conditions specified in the CDFG Streambed Alteration permit, if required;

• Required mitigation measures for each sensitive biological resource;

• Required habitat compensation, including provisions for acquisition, enhancement

and management, for any loss of sensitive biological resources;

• A detailed plan for protecting the existence and monitoring the integrity of the

wetlands remaining on-site;

• A detailed description of measures to be taken to avoid or mitigate temporary

disturbances from construction activities;

• All locations, on a map of suitable scale, of laydown areas and areas requiring

temporary protection and avoidance during construction;

• Aerial photographs of all areas to be disturbed during project construction

activities–one set prior to site disturbance and one set subsequent to completion of

mitigation measures. Include planned timing of aerial photography and

description of why times were chosen;

• Monitoring duration for each type of monitoring and a description of monitoring

methodologies and frequency;

• Performance standards to be used to help decide if/when proposed mitigation is or

is not successful;

• All remedial measures to be implemented if performance standards are not met;

and

• A process for proposing plan modifications to the CPM and appropriate agencies,

for review and approval.27

 

27 SPP Final EIS, Appendix O, page 15, BIO-12.
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COMMISSION

VERIFICATION PROCESS

WESTERN

MONITORING

At least 45 days prior to rough grading, the

project owner shall provide the CPM with the

final version of the Biological Resources

Mitigation Implementation and Monitoring Plan

for this project. The CPM will determine the

plan’s acceptability within 15 days of receipt of

the final plan. The project owner shall notify

the CPM five working days before

implementing any modifications to the

BRMIMP. Within 30 days after completion of

construction, the project owner shall provide the

CPM, for review and approval, a written report

identifying which items of the BRMIMP have

been completed, a summary of all modifications

to mitigation measures made during the

project’s construction phase and which

condition items are still outstanding.28

Calpine will review the December, 1998 Draft

Final BRMIMP and determine if modifications

are needed to meet the requirements of the

Federal biological opinion. They shall submit

written results of this review to Western for

review and approval. A final, updated

BRMIMP will be provided to Western.

Calpine will work with the Commission to

ensure that both the BRMIMP and the

Mitigation Action Plan are coordinated and

implemented.

CULTURAL RESOURCES 

A. DESIGNATION OF CULTURAL RESOURCE SPECIALIST

Description of Commission Condition of Certification: Prior to the start of project

construction (defined as any construction-related vegetation clearance, ground

disturbance and preparation and site excavation activities), the project owner shall

provide the CPM and Western with the name(s) and qualifications of its designated

cultural resource specialist and mitigation team members.

The designated cultural resource specialist shall be responsible for implementing all

the cultural resource COCs, using qualified personnel to assist him or her in projectrelated field surveys, monitoring, data collection and artifact recovery, mapping,

mitigation, analysis of recovered cultural resources and data or report preparation.

After CPM and Western approval of the Cultural Resource Monitoring and

Mitigation Plan (CRMMP) (Cul-3),29 the designated cultural resource specialist and

team shall be available to implement the mitigation plan prior to, and throughout

construction of the project.

 

28 SPP Final EIS, Appendix O, page 15, BIO-12.

29 Ibid., page 22, CUL-3.
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Protocol: The project owner shall provide the CPM and Western with a resume or

statement of qualifications for its designated cultural resources specialist and

mitigation team members. The resume(s) shall include the following information:

1) The resume for the designated cultural resource specialist shall demonstrate that

the specialist meets the following minimum qualifications: a graduate degree in

archeology, anthropology, California history or cultural resource management; at

least three years of cultural resource mitigation and field experience in California,

including at least one year’s experience leading cultural resource field surveys;

leading site mapping and data recording; marshaling equipment necessary and

leading archaeological resource recovery operations; the need for appropriate

sampling and/or testing in the field and in the lab; directing the analyses of

mapped and recovered materials and data; and the preparation of appropriate

reports to be filed with the receiving curation repository, the appropriate regional

information center(s), the State Historic Preservation Officer (SHPO), Western

and the CPM.

2) The resume for the designated cultural resource specialist shall include a list of

specific projects the specialist has previously worked on; the role and

responsibilities of the specialist for each project listed; and the names and phone

numbers of contacts familiar with the specialist’s work on these referenced

projects.

3) If additional personnel will be assisting the designated cultural resource specialist

in project-related field surveys, monitoring, data and artifact recover, mapping,

mitigation, material analysis or report preparation, the project owner shall also

provide names, addresses and resumes for these team members.

4) If the CPM and Western determine the qualifications of the proposed cultural

resource specialist are not in concert with the above requirements, the project

owner shall submit another individual’s name and qualifications for consideration.

5) If the previously approved designated cultural resource specialist is replaced prior

to completion of project mitigation, the project owner shall obtain CPM and

Western approval of the new designated cultural resource specialist by submitting

to the CPM and Western the name and qualifications of the proposed replacement

specialist at least ten days prior to the termination or release of the preceding

designated cultural resource specialist.30

COMMISSION

VERIFICATION PROCESS

WESTERN

MONITORING

At least 90 days prior to the start of

construction, the project owners shall submit

the name and resume of its designated cultural

resource specialist to the CPM and Western

for review and written approval.

Western shall review the qualifications of the

project owner’s selection for the designated

cultural resource specialist and provide written

approval or disapproval

 

30SPP Final EIS, Appendix O, page 21, CUL-1.
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COMMISSION

VERIFICATION PROCESS

WESTERN

MONITORING

Thirty days prior to construction, the project

owner shall confirm in writing to the CPM,

who will notify Western, that the previously

approved designated cultural resource

specialist and the team of assistants are

prepared to implement the monitoring and

mitigation measures for cultural resources, as

described in the Cultural Resources

Monitoring and Mitigation Plan.

At least 10 days prior to the termination or

release of a designated cultural resource

specialist, the project owner shall obtain CPM

and Western approval of the new designated

cultural resource specialist by submitting to

the CPM and Western the name and resume of

the proposed replacement specialist.31

B. PROJECT MAPS AND DRAWINGS OF FACILITIES

Description of Commission Condition of Certification: Prior to the start of project

construction, the project owner shall provide the designated cultural resource

specialist and the CPM with maps and drawings for the SPP. The final center lines

and right-of-way boundaries shall be provided on 7.5 minute quad maps, and the

location of all the various areas where surface disturbance may be associated with

project-related access roads, storage yards, laydown sites, pull sites, pump or pressure

stations, Sutter Bypass switching station, on-site switchyard, electrical tower or pole

footings, etc.32

COMMISSION

VERIFICATION PROCESS

WESTERN

MONITORING

At least 90 days prior to the start of

construction on the project, the project owner

shall provide the designated cultural resource

specialist, the CPM, and Western with final

maps at appropriate scale(s) and drawings for

all project facilities.33

Western will review the maps and drawings

and coordinate with the designated cultural

resource specialist and the CPM, as

appropriate.

 31 SPP Final EIS, Appendix O, page 21, CUL-1.

32 Ibid., page 22, CUL-2. (A full summary of this COC was not included above.)

33 Ibid., page 22, CUL-2.
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C. CULTURAL RESOURCES MONITORING AND MITIGATION PLAN

Description of Commission Condition of Certification: Prior to the start of project

construction, the designated cultural resource specialist shall prepare a draft Cultural

Resources Monitoring and Mitigation Plan to identify general and specific measures

to minimize potential impacts to significant cultural resources. The CPM will review,

and must approve in writing, the draft Cultural Resources Monitoring and Mitigation

Plan. The CPM will provide copies of the draft plan to Western so that Western may

submit this plan to the SHPO for concurrence prior to the project owner taking any

actions under the approved monitoring and mitigation plan.

Protocol: The Cultural Resources Monitoring and Mitigation Plan shall include, but

not be limited to, the following elements and measures:

a) A discussion of the sequence of project-related tasks, such as any final preproject

surveys, fieldwork, flagging or staking; construction monitoring; mapping and

data recovery; preparation for recovering cultural resources; preparation of

recovered materials for analysis, identification, and inventory; preparation of

preliminary and final reports; and preparation of materials for curation.

b) An identification of the person(s) expected to assist with each of the tasks

identified in above, a discussion of the mitigation team leadership and

organizational structure and the inter-relationship of tasks and responsibilities.

c) When sensitive areas are to be monitored during construction or avoided during

operation, the designated cultural resource specialist shall identify measures such

as flagging or fencing to prohibit or otherwise restrict access to sensitive resource

areas. The discussion should address how these measures will be implemented

prior to the start of construction and how long they will be needed to protect the

resources from project-related effects.

d) Where the need for monitoring of project construction activities has been

determined by Western, the designated cultural resource specialist, in consultation

with the CPM, will establish a schedule for the monitor(s) to be present. If the

designated cultural resource specialist determines the likelihood of encountering

cultural resource or sites in certain areas is slight, monitoring may be discontinued

in that location.

e) If cultural resources are encountered are exposed during project-related grading,

excavation, augering, and/or trenching, the designated cultural resource specialist

shall have the authority to halt or redirect construction in the immediate vicinity

of the find until the specialist can determine the significance of the find. The

designated cultural resource specialist shall act in accordance with the following

procedures:

 The project owner, or designated representative, shall inform the CPM and

Western within one working day of the discovery of any potentially

significant cultural resources and discuss the specific measure(s) proposed to

mitigate potential impacts to these resources.
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 The designated cultural specialist, representatives of the project owner,

Western, and the CPM shall confer within 5 working days of the notification

of the CPM, if necessary, to discuss any mitigation measures already

implemented or proposed to be implemented, and to discuss the disposition of

any finds.

 The SHPO will be consulted on potential eligibility, effect and proposed

mitigative measures. As the federal lead agency, Western will initiate the

consultations with the SHPO.

 All required data recovery and cultural resource impact mitigation shall be

completed as expeditiously as possible.

f) All isolates encountered will be recorded and mapped; all lithic scatters and/or

cultural resource sites will be recorded and mapped and all diagnostic artifacts

will be collected for analysis; and all recovered cultural resource materials will be

prepared and delivered for curation into a retrievable storage collection in a public

repository or museum that meets the Title 36 CFR 79 standards for the curation of

cultural resource materials.

g) The identification of the public institution that has agreed to receive any maps and

data, records, reports and any cultural resource materials recovered during

project-related monitoring and mitigation work. Also include a discussion of any

requirements or specification for materials delivered for curation and how they

will be met. The name and phone number of the contact person at the institution

shall be included as well.34

COMMISSION

VERIFICATION PROCESS

WESTERN

MONITORING

At least 60 days prior to the start of

construction, the project owner shall provide

the CPM and Western with a copy of the draft

Cultural Resources Monitoring and Mitigation

Plan prepared by the designated cultural

resource specialist. The CPM and Western

will provide written approval or disapproval of

the proposed Cultural Resources Monitoring

and Mitigation Plan within 15 days of receipt

of the submittal. If the draft plan is not

approved, the project owner, the designated

cultural resources specialist, the CPM and

Western shall meet to discuss comments and

work out necessary changes.35

At least 60 days prior to the start of

construction, the project owner shall provide

the CPM and Western with a copy of the draft

Cultural Resources Monitoring and Mitigation

Plan prepared by the designated cultural

resource specialist. The CPM and Western

will provide written approval or disapproval of

the proposed Cultural Resources Monitoring

and Mitigation Plan within 15 days of receipt

of the submittal. If the draft plan is not

approved, the project owner, the designated

cultural resources specialist, the CPM and

Western shall meet to discuss comments and

work out necessary changes.

 

34 SPP Final EIS, Appendix O, page 22, CUL-3.

35 Ibid.
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D. DEVELOPMENT OF CULTURAL RESOURCES EMPLOYEE TRAINING PROGRAM

Description of Commission Condition of Certification: Prior to the start of

construction on the project, the designated cultural resource specialist shall prepare an

employee training program. The designated cultural resource specialist shall submit

the training program to the CPM and Western for review and written approval.

Protocol: The training program shall address the potential to encounter cultural

resources during project-related site preparation and construction activities, the

sensitivity and importance of these resources and the legal obligations to preserve and

protect such resources.

The training program shall also include the set of reporting procedures workers are to

follow if any cultural resources are encountered during project activities. This

training program may be combined with other training programs prepared for

paleontological and biological resources, hazardous materials or any other areas of

interest or concern.36

COMMISSION

VERIFICATION PROCESS

WESTERN

MONITORING

At least 30 days prior to the start of

construction, the project owner shall submit to

the CPM and Western for review, comment and

written approval, the proposed employee

training program and set of reporting

procedures the workers are to follow if cultural

resources are encountered during project

construction. Western may be required to

submit this training plan to the SHPO for

concurrence as part of the consultation process.

The CPM and Western shall provide written

approval or disapproval of the employee

training program and set of procedures within

15 days after receipt of the submittal. If the

draft training program is not approved, the

project owner, the designated cultural resource

specialist, the CPM and Western shall confer as

needed to achieve any necessary changes.37

At least 30 days prior to the start of

construction, the project owner shall submit to

the CPM and Western for review, comment and

written approval, the proposed employee

training program and set of reporting

procedures the workers are to follow if cultural

resources are encountered during project

construction. Western may be required to

submit this training plan to the SHPO for

concurrence as part of the consultation process.

The CPM and Western shall provide written

approval or disapproval of the employee

training program and set of procedures within

15 days after receipt of the submittal. If the

draft training program is not approved, the

project owner, the designated cultural resource

specialist, the CPM and Western shall confer as

needed to achieve any necessary changes.

 

36 SPP Final EIS, Appendix O, page 23, CUL-5.

37 Ibid.
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E. IMPLEMENTATION OF CULTURAL RESOURCES EMPLOYEE TRAINING

PROGRAM

Description of Commission Condition of Certification: Prior to the start of

construction, and throughout the project construction period as needed for all new

employees, the project owner and the designated cultural resource specialist shall

provide the approved training to all project managers, construction supervisors and

workers who operate ground-disturbing equipment. The project owner and construction manager shall provide the workers with the approved set of procedures for

reporting any cultural resources discovered during project-related ground disturbance.38

COMMISSION

VERIFICATION PROCESS

WESTERN

MONITORING

Prior to the start of construction, and

throughout the project construction period as

needed for all new employees, the project

owner and the designated cultural resource

specialist shall present the CPM- and Westernapproved training program on the potential for

project impacts to sensitive cultural resources.

The training shall include a set of reporting

procedures for cultural resources encountered

during project activities. The project owner

shall provide documentation in the monthly

compliance report to the CPM that the

employee training and the set of procedures

have been provided to all project managers,

construction supervisors and to all workers.39

Calpine shall provide documentation (e.g., a list

of names, instructor, date completed)

containing the names of persons who have

completed the training to Western on a

quarterly basis.

F. CULTURAL RESOURCES REPORTING-1

Description of Commission Condition of Certification: Throughout the project

construction period, the project owner shall provide the designated cultural resource

specialist with a current schedule of weekly project activity and a map indicating the

area(s) where construction activities will occur. The designated cultural resource

specialist shall consult daily with the project superintendent or construction field

manager to confirm the area(s) to be worked on the next day(s).

Throughout the monitoring and mitigation phase of the project, the designated

cultural resource specialist shall maintain a daily log of monitoring and mitigation

activities carried out by the specialist and members of the cultural resource mitigation

team. The designated cultural resource specialist shall prepare summary reports on

 

38 SPP Final EIS, Appendix O, page 23, CUL-6.

39 Ibid.
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monitoring activities, any cultural resource finds and recovery efforts and the

progress or status of the resource monitoring, mitigation, preparation, identification

and analytical work being conducted for the project. Copies of these summaries shall

be included in the monthly compliance reports file with CPM by the project owner.

The CPM will forward copies of these summary reports to Western. The designated

cultural resource specialist may informally discuss the cultural resource monitoring

and mitigation activities with their Commission technical counterpart at any time.31

COMMISSION

VERIFICATION PROCESS

WESTERN

MONITORING

The project owner shall include, in the monthly

compliance reports to the CPM, a summary of

the daily logs prepared by the designated

cultural resource specialist; the CPM will

forward copies to Western.40

Calpine shall inform Western of any cultural

resource finds and recovery efforts, as needed.

G. CULTURAL RESOURCES REPORTING-2

Description of Commission Condition of Certification: The designated cultural

resource specialist shall be present at the construction site at all times when

construction-related grading, excavation, trenching and/or auguring occurs in areas

that lie within the natural river levee zone (found to be generally associated with the

Shanghai-Nueva-Columbia soils group). Project areas where the natural levee zones

may be found include the switchyard site and portions of the 16-inch and the 4-inch

natural gas pipeline routes. Using the mile posts and boundary stakes placed by the

project owner, the designated cultural resource specialist shall monitor the route of

the 16-inch natural gas pipeline, between Mile Post (MP) 8.97 to 9.51; MP 10.42 to

MP 11.41 and MP 12.1 to 13.70. For the route of the 4-inch natural gas pipeline,

areas to be monitored full time are from MP 0.00 to MP 1.60. Other sections of the

linear facility routes may be monitored as deemed necessary by the CPM and

Western.41

COMMISSION

VERIFICATION PROCESS

WESTERN

MONITORING

The project owner shall include, in the monthly

compliance reports to the CPM, a summary of

the daily logs prepared by the designated

cultural resource specialist; the CPM will

forward copies to Western.42

Western will consult with the CPM and the

designated cultural resource specialist, as

necessary.

 

40 SPP Final EIS, Appendix O, page 24, CUL-7.

41 Ibid., page 24, CUL-8.

42 Ibid.
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H. DISCOVERY OF HUMAN REMAINS

Description of Commission Condition of Certification: If human remains are

encountered during project-related grading, excavation, auguring and/or trenching,

the construction crew shall halt or redirect construction in the immediate vicinity of

the find and immediately contact the county coroner and the designated cultural

resource specialist. If the coroner determines that the find is of Native American

origin, the coroner shall notify the Native American Heritage Commission (NAHC)

to request a determination of “most likely descendant.” The NAHC is required to

notify the descendant(s) and request that they inspect the burial and make

recommendations for treatment or disposal. If Native American remains are

encountered on Federally managed land (within the Sutter National Wildlife

Reserve), the FWS is required to follow the procedures of the Native American

Graves Protection and Repatriation Act, to repatriate the remains.35

COMMISSION

VERIFICATION PROCESS

WESTERN

MONITORING

The designated cultural resource specialist shall

notify the county coroner, the project owner, the

CPM and Western if any buried human remains

are encountered during project construction

activities.43

If human remains are discovered and

determined to be of Native American origin,

Western will consult with the CPM and the

designated cultural resource specialist for the

proper disposition of the remains.

I. PRELIMINARY CULTURAL RESOURCES REPORT

Description of Commission Condition of Certification: The project owner shall

ensure preparation of a preliminary cultural resources report following completion of

data recovery and site mitigation work. The preliminary report is to be prepared by

the designated cultural resource specialist and submitted to the CPM and Western for

review and written approval. Western will provide copies of the preliminary report to

the SHPO.

Protocol: The preliminary report shall include (but not be limited to) preliminary

information on the survey report(s), methodology and recommendations; site records

and maps; determinations of significance; data recovery and other mitigation

activities; discussion of possible results and findings of any analysis to be conducted

on recovered cultural resource materials and data; proposed research questions that

may be answered, or that may have been raised by the data from the project-related

information such as maps, diagrams, charts, photographs and other appropriate

materials; and an estimate of the time needed to complete the analysis of recovered

cultural resource materials and prepare a final report. As the Federal lead agency,

 

43 SPP Final EIS, Appendix O, page 24, CUL-9.
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Western will provide a standard report format to be followed by the designated

cultural resource specialist.

If no cultural resource materials are recovered during project-related construction

activities, the approved preliminary report shall also serve as the final report and shall

be filed with appropriate entities.44

COMMISSION

VERIFICATION PROCESS

WESTERN

MONITORING

Within 90 days following completion of the data

recovery and site mitigation work, the project

owner shall submit a copy of the preliminary

cultural resources report to the CPM and to

Western for review, comment and written

approval.45

Western will recommend a standard report

format to be followed by the designated cultural

resource specialist in preparing the preliminary

cultural resources report. Western will provide

the recommended format to the designated

cultural resource specialist upon request and

prior to report preparation. Western will review

the preliminary cultural resources report (and

final cultural resources report, if necessary) and

provide written comment and approval or

disapproval of the report.

J. FINAL CULTURAL RESOURCES REPORT

Description of Commission Condition of Certification: The project owner will

ensure preparation of a final cultural resources report by the designated cultural

resource specialist if cultural resource materials are found and recovered during

project-related monitoring and mitigation. This final report shall be submitted to the

CPM and Western for review and written approval.

Protocol: The final report shall include (but not be limited to) the survey report(s),

methodology and recommendations; site records and maps; description and inventory

list of recovered cultural resource materials; determinations of sensitivity and

significance; summary of data recovery and other mitigation activities; results and

findings of any special analyses conducted on recovered cultural resource materials

and data; research questions answered or raised by the data from the project; and the

name and location of the public institution receiving the recovered cultural resource

materials for curation. As the lead Federal agency, Western will provide a standard

report format to be followed by the designated cultural resource specialist.46

 

44 SPP Final EIS, Appendix O, page 25, CUL-11. (A full summary of this COC was not included above.)

45 Ibid.

46 Ibid., page 25, CUL-12.
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COMMISSION

VERIFICATION PROCESS

WESTERN

MONITORING

The project owner shall submit a copy of the

draft final cultural resources report to the CPM

and Western for review, comment, and written

approval. The report shall be submitted to the

CPM and Western within 90 days following

completion of the analysis of the recovered

cultural materials and preparation of related

information. The project owner shall submit a

copy of the final cultural resources report to the

CPM and Western for review and written approval.47

Western will review the draft final cultural

resources report (as well as the final report) and

provide written comment, and approval or

disapproval of the report.

K. CULTURAL RESOURCE RECOVERY DOCUMENTATION

Description of Commission Condition of Certification: The project owner shall

ensure that Western is provided with an original (or original-quality) copy of the

approved final cultural resources report, and other copies necessary to submit to the

public institution receiving the recovered data and materials for curation, to the SHPO

and to the appropriate regional archaeological information center(s). A legible copy

of the approved final cultural resource report shall be filed with the CPM, with a

request for confidentiality, if needed to protect any sensitive resources or sites.

The report copy sent to the curating institution and to the appropriate regional

information centers shall include the information required by 36 CFR 79 and the

regional archaeological information centers.48

COMMISSION

VERIFICATION PROCESS

WESTERN

MONITORING

The project owner shall maintain in its

compliance files, copies of all documentation

related to the original materials and the approved

final cultural resources report with the public

institution receiving the recovered data and

materials for curation, with the appropriate

regional archaeological information repository

(ies) and the SHPO. If no cultural resource

materials were recorded or recovered, then the

approved preliminary cultural resources report

shall serve as the final report and is to be filed

with these same agencies.49

If cultural resources are recovered, Western will

coordinate the report with the SHPO and other

agencies, as appropriate.

 

47 SPP Final EIS, Appendix O, page 25, CUL-12.

48 Ibid., page 25, CUL-13.

49 SPP Final EIS, Appendix O, page 25, CUL-13.
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PALEONTOLOGICAL RESOURCES

A. DESIGNATION OF PALEONTOLOGICAL RESOURCE SPECIALIST

Description of Commission Condition of Certification: Prior to the start of project

construction (defined as any construction-related vegetation clearance, ground

disturbance and preparation, and site excavation activities), the project owner shall

provide the CPM with the name(s) and qualifications of its designated paleontologic

resources specialists and mitigation team members.

The designated paleontologic resources specialist shall be responsible for

implementing all the Conditions of Certification and for using qualified personnel to

assist him or her in project-related field surveys; monitoring; fossil stabilization,

removal, and transport; data collection and mapping; direction and implementation of

mitigation procedures; matrix sampling; screen washing and other micro-fossil

recovery techniques; preparation and analysis of recovered fossils and data;

identification and inventory of analysis of recovered fossils; preparation of recovered

fossils for delivery and curation; and report preparation.

After CPM approval of the paleontologic resources monitoring and mitigation plan,

described below in Condition PAL-4, the designated paleontologic resources

specialist and team shall be available to implement the mitigation plan prior to and

throughout project construction.

Protocol: The project owner shall provide the CPM with a resume or statement of

qualifications for its designated paleontologic resources specialist and mitigation

team members. The resume(s) shall include the following information:

1) The resume for the designated paleontologic resource specialist shall demonstrate

the specialist meets the following minimum qualifications: a graduate degree in

paleontology or geology or paleontologic resource management; at least three

years of paleontologic resource mitigation and field experience in California,

including at least one year’s experience leading paleontologic resource field

surveys; leading site mapping and data recording; marshalling and using of

equipment necessary for fossil recovery, sampling, and screen washing; leading

fossil recovery operations; preparing recovered materials for analysis and

identification; recognizing the need for appropriate sampling and/or testing in the

field and in the lab; directing the analyses of mapped and recovered fossil

materials; completing the identification and inventory of recovered fossil

materials; and the preparation of appropriate reports to be filed with the receiving

curation repository, the University Museum of Paleontology at Berkeley, all

appropriate regional information center(s) and the Commission.

2) The resume for the designated paleontologic resource specialist shall include a list

of specific projects the specialist has previously worked on; the role and

responsibilities of the specialist for each project listed; and the names and phone

numbers of contacts familiar with the specialist’s work on these referenced

projects.
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3) If additional personnel will be assisting the designated paleontologic resources

specialist in project-related field surveys, monitoring, data and fossil recovery,

mapping, mitigation, fossil analysis or report preparation, the project owner shall

also provide names, addresses and resumes for these paleontology resource team

members.

4) If the CPM determines the qualifications of the proposed paleontologic resources

specialist do not meet the above requirements, the project owner shall submit

another individual’s name and qualifications for consideration.

If the previously approved designated paleontologic resources specialist is replaced

prior to completion of project mitigation, the project owner shall obtain CPM

approval of the new designated paleontologic resources specialist by submitting the

name and qualifications of the proposed replacement to the CPM, at least 10 days

prior to the termination or release of the preceding designated paleontologic resources

specialist.50

COMMISSION

VERIFICATION PROCESS

WESTERN

MONITORING

At least 90 days prior to the start of construction

on the project, the project owner shall submit

the names and resume for its designated

paleontologic resources specialist to the CPM

for review and approval. The CPM shall

provide written approval or disapproval of the

proposed paleontologic resources specialist.

Thirty days prior to the start of the construction,

the project owner shall confirm in writing to the

CPM that the previously approved, designated

paleontologic resources specialist and the team

of assistants are prepared to implement the

monitoring and mitigation measures for

paleontologic resources, as described in the

CPM-approved paleontologic resources

monitoring and mitigation plan, prepared per

Condition PAL-4 below.

At least 10 days prior to the termination or

release of a designated paleontologic resource

specialist, the project owner shall obtain CPM

approval of the new designated paleontologic

resource specialist by submitting to the CPM the

name and resume of the proposed replacement

specialist.51

Calpine will provide Western with the

qualifications of the paleontological resource

specialist and the CPM approval.

 

50 SPP Final EIS, Appendix O, page 26, PAL-1.

51 Ibid.
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B. PALEONTOLOGICAL RESOURCES TRAINING PROGRAM

Description of Commission Condition of Certification: Prior to the start of

construction on the project, the designated paleontologic resources specialist shall

prepare an employee training program. The designated paleontologic resource

specialist shall submit the training program to the CPM for approval.

Protocol: The training program will discuss the potential for encountering fossil

resources, the sensitivity and importance of these resources, and the legal obligations

to preserve and protect such resources.

The training shall also include the set of reporting procedures that workers will follow

if sensitive paleontologic resources are encountered during project activities. The

training program will be presented by the designated paleontologic resources

specialist and may be combined with other training programs prepared for cultural

and biological resources, hazardous materials or any other areas of interest or

concern.52

COMMISSION

VERIFICATION PROCESS

WESTERN

MONITORING

At least 30 days prior to the start of

construction, the project owner shall submit to

the CPM for review, comment and written

approval, the proposed employee training

program and set of reporting procedures the

workers are to follow if paleontologic resources

are encountered during project construction.

The CPM shall provide the project owner with

written approval or disapproval of the

employee-training program and the set of

procedures within 15 days of receipt of the

submittal. If the draft-training program is not

approved, the project owner, the designated

paleontologic resources specialist and the CPM

shall meet to discuss the comments and work

out necessary changes.53

Calpine will provide Western with a copy of the

CPM-approved paleontology training program

prior to implementation.

C. FINAL PALEONTOLOGICAL RESOURCES REPORT

Description of Commission Condition of Certification: The project owner shall

ensure preparation of a final paleontologic resources report by the designated

paleontologic resources specialist if significant fossil resources are found and

recovered during project-related surveys, monitoring and mitigation.

 

52 SPP Final EIS, Appendix O, page 28, PAL-5.

53 Ibid.
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Protocol: The final report shall include (but not be limited to) the survey report(s),

methodology and recommendations; locality records and maps; description and

inventory list of recovered fossil materials; determinations of sensitivity and

significance; summary of data recovery and other mitigation activities; results and

findings of any special analyses conducted on recovered paleontologic resource

materials and data; research questions answered or raised by the data form the

project; and the name and location of the public institution receiving the recovered

paleontologic resources for curation.54

COMMISSION

VERIFICATION PROCESS

WESTERN

MONITORING

The project owner shall submit a copy of the

draft final paleontologic resources report to the

CPM for review, comment and written approval.

The draft final paleontologic resources report

shall be submitted to the CPM within 90 days

after completing analysis of the recovered fossil

materials and preparing text and related

information, such as maps, diagrams, tables,

charts, photos, etc.55

Calpine shall provide Western with a copy of

the final paleontological resources report.

FACILITY DESIGN

A. DESIGNATED RESIDENT ENGINEER AND OTHER KEY PERSONNEL

Description of Commission Condition of Certification: Prior to the start of site

preparation, the project owner shall assign a California registered architect, structural

engineer or civil engineer, as a resident engineer (RE), to be in general responsible

charge of the project. [Building Standards Administrative Code (part 1, title 24,

C.C.R.), Section 4-209 – Designation of Responsibilities.]

The RE may delegate responsibility for portions of the project to other registered

engineers. Registered mechanical and electrical engineers may be delegated

responsibility for mechanical and electrical portions of the project, respectively. A

project may be divided into parts, provided each part is clearly defined as a distinct

unit. Separate assignment of general responsible charge may be made for each

designated part.

Protocol: The RE shall:

1) Monitor construction progress to ensure compliance with the design intent;

 

54 Ibid., page 30, PAL-11.

55 Ibid.
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2) Ensure construction of all the facilities conforms, in every material respect, to the applicable

laws, ordinances, regulations and standards (LORS), approved plans and specifications;

3) Prepare documents to initiate changes in approved drawings and specifications

when directed by the project owner or as required by conditions on the project;

4) Be responsible for providing the project inspectors and testing agency(ies) with

complete and up-to-date set(s) of stamped drawings, plans, specifications and

other required documents;

5) Be responsible for the timely submittal of construction progress reports to the

chief building official (CBO) from the project inspectors, the contractor and other

engineers who have been delegated responsibility for portions of the project; and

6) Be responsible for notifying the CBO of corrective action or the disposition of

items noted on laboratory reports or other tests as not conforming to the approved

plans and specifications.

The RE shall have the authority to halt construction and to require changes or remedial

work if the work does not conform to applicable requirements. FACILITY DESIGN

516 October 19, 1998.

If the RE or the delegated engineers are reassigned or replaced, the project owner shall

submit the name, qualifications and registration number of the newly assigned

engineer to the CBO for review and approval. The project owner shall notify the CPM

of the CBO approval of the new engineer.56

COMMISSION

VERIFICATION PROCESS

WESTERN

MONITORING

At least 30 days (or a lesser number mutually

agreed to by the project owner and the CBO)

prior to the start of rough grading, the project

owner shall submit to the CBO for review and

approval, the name, qualifications and registration

number of the RE and any other delegated

engineers assigned to the project. The project

owner shall notify the CPM of the CBO’s approvals

of the RE and other delegated engineer(s) within five

days of the approval. If the RE or the delegated

engineer(s) are subsequently reassigned or replaced,

the project owner has five days in which to submit the

name, qualifications, and registration number of the

newly assigned engineer to the CBO for review and

approval. The project owner shall notify the CPM of

the CBO’s approval of the new engineer within five

days of the approval.57

Calpine shall provide Western with the

qualifications of the designated resident

engineer and any other key personnel, as

requested by Western.

 

56 SPP Final EIS, Appendix O, page 32, GEN-4.

57 Ibid.
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Appendix B—FWS Standard Avoidance and Minimization

Measures During Construction Activities in Giant Garter Snake

Habitat

(to be inserted)