Supplemental Biological Resources Assessment for the RE Columbia Two Solar Project Site and Generation Tie-Line near Mojave, Kern County, California

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1 March 4, 2013 Attn: Ms. Charity Wagner Recurrent Energy 300 California Street, 8 th Floor San Francisco, CA Via charity.wagner@recurrentenergy.com Subject: for the RE Columbia Two Solar Project Site and Generation Tie-Line near Mojave, Kern County, California Dear Ms. Wagner, Rincon Consultants, Inc. (Rincon) is pleased to provide this supplemental biological resources assessment to support an addendum to the RE Distributed Solar Projects Final Environmental Impact Report (FEIR) for the RE Columbia Two, 160-acre expansion site (project site) and the 8-mile generation tie-line (gen-tie) which will connect the project site with the existing Southern California Edison (SCE) Windhub substation. The following assessment is based on data from survey efforts completed to-date for this site and the gentie alignment as well as biological resources known to occur on the adjacent RE Columbia sites. Project Location and Description The proposed Columbia Two project site is located northeast of the intersection of Holt Street and Sunset Avenue approximately 2 miles south of the community of Mojave in southeastern Kern County, California (Figure 1). An 8-mile gen-tie line will follow existing road corridors from the project site north along Holt Street and southwest along Old Creek Road to the Windhub substation. Elevations on the site range from approximately 2730 feet above mean sea level (msl) to approximately 2900 feet above msl. The proposed Columbia Two project includes construction of a 15-megawatt photovoltaic (PV) solar electric generation facility. The facility would include PV panels mounted on steel and aluminum structures, solar substations, equipment pads, and associated infrastructure such as access roads, fencing, tie-ins to adjacent power lines, and construction of the gen-tie line to connect the project site to the state-wide power grid. Methodology Rincon conducted an updated review of relevant databases on sensitive resource occurrences from the California Department of Fish and Wildlife (CDFW) California Natural Diversity Data Base (CNDDB), Biogeographic Information and Observation System (BIOS the U.S. Fish and Wildlife Service (USFWS) Critical Habitat Portal

2 Page 2 of 7 ( and the California Native Plant Society (CNPS) online Inventory of Rare and Endangered Plants of California (California Native Plant Society, 2013). Other sources of information about the site included aerial photographs, topographic maps, soil survey maps, geologic maps, climatic data, previous biological studies, and project plans. In addition, Rincon reviewed the Final Environmental Impact Report (SCH# ) for the RE Distributed Solar Projects prepared by Kern County in 2011 (herein referred to as EIR) for information pertaining to the adjacent Columbia sites. Rincon also reviewed the Biological Due Diligence (BDD) for the Columbia Two site (previously referred to as Soledad), and desktop BDDs prepared in February 2013 for two proposed solar development sites adjacent to the gen-tie alignment (RE Yakima and RE Clearwater), northeast of Holt Street and Big Inch Pipeline Road. This analysis incorporates the results of a reconnaissance survey along the 8-mile gen-tie alignment conducted in February 2013, as well as the findings of surveys completed for the northern half of the Columbia Two site including: Focused rare plant surveys April 22, 2011 Protocol Desert Tortoise Surveys April 2011 Protocol Burrowing Owl Surveys (two surveys completed) May and June 2011 Protocol Mohave Ground Squirrel Surveys (partially completed) May and June 2011 Two Raptor Surveys (including a 1 mile buffer) May and June 2011 Existing Site Conditions A review of Google Earth imagery dated August 25, 2012 indicates that conditions on the Columbia Two project site appear to be the same as during previous site visits. The dominant plant community present is creosote bush-white burr sage with a plant composition similar to the adjacent Columbia sites. Plant communities surrounding the gentie alignment and substation include: creosote bush-white burr sage, creosote bush scrub, Joshua tree woodland, allscale scrub, desert needlegrass grassland, and rubber rabbitbrush scrub. More than 20 acres within the southern portion of the site, as well as intermittent portions of the gen-tie line and to the south of the substation, contain a sufficient number and density of large, older Joshua trees that would be potentially classified as Joshua tree woodland based on the plant community description in A Manual of California Vegetation, Second Edition (Sawyer et al., 2009). During prior surveys, several very large trees within this area were observed dead and on the ground. The diversity of plants appeared to be greatest in the southern portion of the site, particularly along the northwest-facing slope in the southeast portion of the site, and within the area south of the substation. The site is largely surrounded by natural habitat to the north, east, and south. To the west lies Holt Street, with natural habitat and wind turbines further west. The Standard Hill mine lies to the southeast of the project site. The site contains moderate evidence of prior disturbance. One approximate 10-foot-wide dirt road traverses the northern portion of the site in a northeast-southwest direction. A smaller, approximate 8-foot-wide dirt road bisects the site in a north-south direction, and another similarly sized road branches off of it in an easterly direction. There are several other smaller dirt paths and disturbed areas. An abandoned well, possibly a prospecting hole, is present in the southeast portion of the site. Historic and modern trash is littered throughout the site, with the largest accumulation in the southwestern corner of the site.

3 Page 3 of 7 The gen-tie line will follow existing dirt and paved stretches of Holt Street north and Oak Creek Road southwest to the substation. Within a 100-foot buffer surrounding the alignment the desert scrub habitat is disturbed due to human-related impacts including roads, sheep grazing, trash dumping, urban development, off road vehicle (ORV) use, and development associated with nearby wind farms and the Windhub substation. The project site and gen-tie alignment provide habitat for wildlife species that occur in desert scrub communities and urbanized areas. Bird species commonly observed on-site and along the gen-tie included: house finch (Carpodacus mexicanus), dark-eyed junco (Junco hyemalis), California thrasher (Toxostoma redivivum), cactus wren (Campylorhynchus brunneicapillus), white-crowned sparrow (Zonotrichia leucophrys), sage sparrow (Artemisiospiza belli), horned lark (Eremophila alpestris), California quail (Callipepla california), common raven (Corvus corax), and loggerhead shrike (Lanius ludovicianus). White-tailed antelope squirrel (Ammospermophilus leucurus), black-tailed jackrabbit (Lepus californicus), kangaroo rat (Dipodomys sp.) burrows and tail drags, desert kit fox (Vulpes macrotis arsipus) dens and scat, and coyote (Canis latrans) scat were also observed. Sensitive Biological Resources Impact Assessment Special Status Plants. No special status plant species were identified during botanical surveys for this site or the adjacent Columbia sites. No special status plant species were identified during the 2013 reconnaissance survey for the gen-tie line; however, given the seasonal timing of this survey (outside of the blooming period for many desert species) some special status species would not have been identifiable. Four new CNDDB records identified special status plant species within 5 miles of the project site and gen-tie line including one record for recurved larkspur (Delphinium recurvatum) approximately 4 miles to the south of the project site (CNDDB Occurrence 111 [2011]), and three records for pale yellow layia (Layia heterotricha) approximately 4 miles north of the gen-tie line (CNDDB Occurrences 76, 77, 78 [2011]). Allscale scrub habitat occurs in a limited area along the gentie alignment, south of the intersection of Holt Street and the railroad tracks. The soil conditions associated with this plant community could support alkali mariposa lily (Calochortus striatus). Sensitive Plant Communities. The BDD and 2013 gen-tie reconnaissance survey identified potential Joshua tree woodland primarily in the southern portion of the project site and south of the substation. This habitat is considered sensitive by the CDFW and Kern County. Project impacts to Joshua tree woodland within the project site are potentially significant. Special Status Wildlife. The desert scrub and Joshua tree woodland habitat found within the project site, along the gen-tie line, and within proximity of the substation could provide suitable habitat for sensitive wildlife species. No desert tortoise (Gopherus agassizii; federal and state threatened) sign was identified during protocol surveys completed for the northern portion of the site and the adjacent Columbia sites, or during the 2013 reconnaissance survey for the gen-tie line. The CNDDB query identified one recent record for desert tortoise within 4.5 miles north of the gen-tie

4 Page 4 of 7 line (CNDDB Occurrence 299 [2010]). Sundance Biology made an additional observation approximately 5 miles east of the project site in No Mohave ground squirrel (Xeropermophilus mohavensis; state threatened) were captured during two protocol trapping sessions completed for the northern portion of the Columbia Two project site or during protocol surveys conducted for the adjacent Columbia sites. The only occurrence of Mohave ground squirrel identified within 5 miles of the project site or gen-tie line occurred in 1987 (CNDDB Occurrence 284). Eight potential burrowing owl (Athene cunicularia; state species of special concern) burrows were identified during two protocol site visits for burrowing owls completed for the northern portion of the Columbia Two site, but no evidence of burrowing owls was detected. Burrowing owl sign was observed on the adjacent Columbia site, but no owls were detected. Suitable habitat for the species occurs along the gen-tie alignment. A CNDDB query identified two burrowing owl occurrences recorded within 1 mile southeast and south west of the substation (CNDDB Occurrences 837 [2005] and 1630 [2009], respectively). Additional occurrences within 5 miles include an observation 2.5 miles southwest of the southern terminus of the gen-tie line (CNDDB Occurrence 991 [2007]), and within 2 miles east of the gen-tie line (CNDDB Occurrence 843 [2006]). Approximately 7 miles to the northeast of the project site in the vicinity of the Hyundai/Kia test track four additional observations were identified (CNDDB Occurrences 1624, 1640, 1851, 1851). During the 2013 gen-tie reconnaissance survey, one Swainson s hawk (Buteo swainsoni; state threatened) was observed perched on a 220 kv transmission line. Given the timing of the survey in late February it is likely that this individual was migrating north towards the Central Valley. None were observed during raptor surveys conducted for the northern portion of the site or on the adjacent Columbia sites. A CNDDB query indentified one new observation of a Swainson s hawk recorded approximately 9.5 miles to the southwest (CNDDB Occurrence 1763 [2011]). During the 2013 reconnaissance survey of the gen-tie alignment, multiple potential desert kit fox burrows and scat was observed within 100 feet of the center line of the gen-tie line, including one burrow located within the Columbia Two project site. The project site and habitat surrounding the gen-tie line provide suitable habitat for the species. Though not documented on the Columbia Two site, a suitable American badger (Taxidea taxus; state species of special concern) den and a Le Conte s thrasher (Toxostoma lecontei; state species of special concern) were both observed on the adjacent Columbia site and could use the habitat on Columbia Two. The Columbia Two site contains native habitat that can support nesting birds, including raptors, protected under the California Fish and Game Code and the Migratory Bird Treaty Act. Raptor surveys for the northern portion of the site plus a 1-mile buffer detected a redtailed hawk (Buteo jamaicensis), two prairie falcon (Falco mexicanus), and an American kestrel (Falco sparverius) at Columbia Two. The red-tailed hawk was observed soaring overhead near a residential development approximately 1 mile north of the project site. One of the prairie falcon observations was of a bird perched on a power pole approximately 1.5 miles north of the project site. Another peregrine falcon and the American kestrel were

5 Page 5 of 7 observed perched on power poles just to the south of the project site. Raptor nests were not identified during these surveys. During the 2013 survey of the gen-tie alignment sensitive avian species observed included loggerhead shrike (state species of special concern and federal bird of conservation concern) in the Joshua tree woodland south of the substation, and a Swainson s hawk (addressed above). The hills located immediately southeast of the project site may provide suitable cliffs for nesting golden eagles (Aquila chrysaetos; state fully protected species and federal bird of conservation concern). There are sparsely vegetated rocky outcrops that appear to be undisturbed. Ongoing mining activities on the hills southeast of the site are restricted to the north side of the mountain, but may preclude nesting by golden eagles elsewhere on the mountain. Furthermore, there are no CNDDB records of golden eagles within 10 miles of the project site. Jurisdictional Drainages and Wetlands. Based on the findings in the BDD and observations made during the botanical surveys, no features observed on the Columbia Two project site are likely to fall under the jurisdiction of the California Department of Fish and Game or Lahontan Regional Water Quality Control Board due to a lack of definable bed, bank, and/or channel. There are some intermittent swale features that likely collect ephemeral stormwater runoff on-site, but they are not hydrologically connected to other waters or wetlands and are not expected to be subject to the jurisdiction of the CDFW, Lahontan Regional Water Quality Control Board, or the U.S. Army Corps of Engineers. Several potentially jurisdictional drainages are present along the gen-tie alignment which have defined bed, bank, and channel features. The largest of the drainages (15-20 feet at top-of-bank) traverses southeast from the hills north of the substation and crosses the alignment approximately 0.25 mile east of the substation. The drainages could be considered Lahontan Regional Water Quality Control Board jurisdiction. CDFW may also assert jurisdiction over the drainages if natural resources are present. Because these sites drain to inland areas of California, no U.S. Army Corps of Engineers jurisdictional waters are present. Note that the regulatory agencies make the final jurisdictional determination and a formal jurisdiction delineation would need to be completed to confirm the jurisdictional status of the project site. Applicability of EIR Mitigation Measures The EIR contains numerous mitigation measures (MM) to reduce potential impacts to sensitive biological resources to less than significant: MM 4.4-1: requires a botanical survey and confirmation of the findings of focused botanical surveys prior to ground disturbance and development, and implementation of a Mitigation Measure Monitoring Plan if any special status plant species are present and will be impacted by the project. MM 4.4-2: requires an inventory of all Joshua trees on-site prior to ground disturbance and the development and implementation of a Joshua Tree Impact and Mitigation Plan for any Joshua tree woodland removed by the project.

6 Page 6 of 7 MM 4.4-3: requires a preconstruction survey for burrowing owls prior to ground disturbance and prescribes further steps if occupied burrows are detected on-site. MM 4.4-4: requires preconstruction surveys for nesting birds, including raptors, if construction occurs during the nesting season, and prescribe further steps to take if an active nest is found. MM 4.4-5: requires preconstruction surveys for desert tortoise and development and implementation of a translocation and monitoring plan as well as compensatory mitigation if desert tortoise is found on-site. MM 4.4-6: requires preconstruction surveys for American badger and desert kit fox prior to start of construction and prescribes further steps to take if either species is identified on-site. MM 4.4-7: requires avoidance, minimization, and mitigation measures to be implemented if disturbance of alkali mariposa lily populations could occur. MM 4.4-8: requires avoidance of jurisdictional waters, minimization measures, and acquisition of regulatory permits, if necessary. MM 4.4-9: requires implementation of Avian Power Line Interaction Committee guidelines. MM : requires funding for research on Swainson s hawk ecology within the Antelope Valley. Each of these mitigation measures is applicable to the Columbia Two site and the gen-tie alignment. Given the status of sensitive biological resources on this site and along the gentie alignment, no new significant impacts are expected to occur due to implementation of the project at Columbia Two. These mitigation measures are adequate for reducing the potential for impacts to biological resources on the site to less than significant and no new mitigation measures are necessary. Conclusion Based on the prior survey results, special status plant species, desert tortoise and Mohave ground squirrel have a low potential to occur on-site and low probability of being impacted by the project. Burrowing owls, American badgers, and Le Conte s thrashers may occur onsite but likely would only occur in small numbers. A variety of bird species, including raptors, may nest on-site and potentially be impacted by implementation of the project. Joshua tree woodland occurs on-site and along the gen-tie line. Should any of these resources be impacted by the project, the EIR contains mitigation measures that would reduce impacts to these resources to a less than significant level. The gen-tie alignment intersects multiple potentially jurisdictional features. There does not appear to be jurisdictional features within the Columbia Two project site. Botanical surveys for the northern portion of the site did not detect riparian or wetland vegetation. A formal delineation has not been completed and while it is unlikely that jurisdictional features are present within the project site, this cannot be conclusively stated without further field verification. The EIR contains a measure which addresses impacts to jurisdictional features, and implementation of this measure would reduce the impact to a less than significant level. Based on our review of the potential for special status biological resources to occur on the Columbia Two project site and a review of the Impact Analysis in the EIR, no new significant

7 Page 7 of 7 impacts to biological resources are expected as a result of implementation of the Columbia Two project. The mitigation measures currently contained in the EIR are applicable and adequate to address the potential for impacts to these resources. We appreciate the opportunity to assess you with this important project. Please contact us with any questions. Sincerely, RINCON CONSULTANTS, INC. Alison Brown Biologist Steven J. Hongola Biological Program Manager John Dreher Jr. Principal Biologist Attachments: Figure 1. Project Location

8 60th St W Holt St Aqueduct Rd Douglas Ave Oak Creek Rd State Route 14 Big Inch Pipeline Rd Camelot Blvd Purdy Ave RE Columbia 3 LLC RE Columbia LLC Sunset Ave RE Columbia Two LLC Basemap Layer: ESRI, 2013 and its licensors. ± Miles Project Site Windhub Substation Generation Tie-Line Project Location UV 138 ^_ «14 Regional Location Figure 1 RE Columbia Two