Commission Order Approving Project Modifications
[California Energy Commission Letterhead]


STATE OF CALIFORNIA

Energy Resources
Conservation and Development Commission



In the Matter of:                   )      Docket No. 98-AFC-4C
                                    )      Order No. 01-0808-02
SUNRISE POWER PROJECT               )
                                    )
Petition for Proposed               )
Modifications:                      )      COMMISSION ORDER APPROVING
Injection Well Wastewater Disposal  )      PROJECT MODIFICATIONS
Option for Simple Cycle Operations  )
____________________________________)

 

 

On June 25, 2001, the Sunrise Power Company submitted a Petition to construct a 2.5 mile underground pipeline and two injection wells as a wastewater disposal option for the Sunrise Power Project simple cycle operations.

The Commission approves the proposed amendment and the proposed modified conditions in accordance with Title 20, section 1769(a)(3) of the California Code of Regulations.

COMMISSION FINDINGS

Based on staff's analysis, the Energy Commission concludes that the proposed changes will not result in any significant impact to public health and safety, or the environment. The Energy Commission finds that:

  1. There will be no new or additional unmitigated significant environmental impacts associated with the proposed change.

  2. The facility will remain in compliance with all applicable laws, ordinances, regulations, and standards, subject to the provisions of Public Resources code section 25525.

  3. The change will be beneficial to the project owner because it will allow for wastewater disposal options for simple cycle operations that will improve operational efficiency.

  4. The decision to include an injection well wastewater disposal option was made post-certification by the project owners based on new information concerning their wastewater disposal options.

CONCLUSION AND ORDER

The California Energy Commission hereby adopts the following changes to the Sunrise Power Project Decision (added text is underlined, deleted text is shown as strikethrough) :

CHANGES TO EXISTING BIOLOGICAL RESOURCES CONDITIONS OF CERTIFICATION:

State Incidental Take Permit

BIO-7 Prior to the start of any project-related site mobilization activities associated with new linear facilities or site expansion, the project owner shall acquire an amended Incidental Take Permit from CDFG in accordance with Section 2081(b) of the California Fish and Game Code and implement the state take permit terms and conditions.

Verification: Five (5) Fifteen (15) days prior to the start of any project-related ground disturbance activities associated with new linear facilities or site expansion, or a lesser time as mutually agreed upon by the project owner and the CPM, the project owner shall submit to the CPM a copy of the final CDFG Incidental Take Permit. Permit terms and conditions will be incorporated into the Biological Resources Mitigation Implementation and Monitoring Plan. See also Conditions of Certification BIO-9.

Federal Biological Opinion

BIO-8 Prior to the start of any project-related site mobilization activities associated with new linear facilities or site expansion, the project owner shall provide a final copy of the amended Biological Opinion in accordance with Section 7 of the federal Endangered Species Act obtained from the U. S. Fish and Wildlife Service and incorporate the terms of the opinion into the Biological Resources Mitigation Implementation and Monitoring Plan.

Verification: Fifteen (15) days prior to the start of any project-related ground disturbance activities associated with new linear facilities or site expansion, or a lesser time as mutually agreed upon by the project owner and the CPM, the project owner shall submit to the CPM a copy of the federal Biological Opinion. Permit terms and conditions will be incorporated into the Biological Resources Mitigation Implementation and Monitoring Plan. See also Condition of Certification BIO-9.

BIOLOGICAL RESOURCES MITIGATION IMPLEMENTATION & MONITORING PLAN

BIO-9 The project owner shall submit to the CPM for review and approval a copy of the revised final Biological Resources Mitigation Implementation and Monitoring Plan (BRMIMP) and shall implement the measures identified in the plan. Any changes made to the adopted BRMIMP must be made in consultation with the Energy Commission as well as with the Bureau of Land Management, California Department of Fish and Game, and the U. S. Fish and Wildlife Service.

Protocol: The revised final BRMIMP shall identify:

  1. All mitigation, monitoring, and compliance conditions included in the Commission's Final Decision;

  2. All sensitive biological resources to be impacted, avoided, or mitigated by project construction, operation and closure;

  3. All mitigation measures provided in the amended USFWS Biological Opinion and the amended CDFG Incidental Take Permit;

  4. All required mitigation measures for each sensitive biological resource;

  5. Required habitat compensation, including provisions for acquisition, enhancement and management, for any temporary and permanent loss of sensitive biological resources;

  6. All locations, on a map of suitable scale, of laydown areas and areas requiring temporary protection and avoidance during construction;

  7. 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 a description of why times were chosen;

  8. Duration for each type of monitoring and a description of monitoring methodologies and frequency;

  9. Performance standards to be used to help decide if/when proposed mitigation is or is not successful;

  10. All performance standards and remedial measures to be implemented if performance standards are not met;

  11. A discussion of biological resource-related facility closure measures;

  12. A process for proposing plan modifications to the CPM and appropriate agencies for review and approval; and

  13. Terms and conditions of a CDFG Streambed Alteration Agreement, if necessary.

Verification: Thirty (30) No less than fifteen (15) days prior to start of any project-related ground disturbance activities associated with new linear facilities or site expansion, or a lesser time as mutually agreed upon by the project owner and the CPM, the project owner shall provide the CPM with the final revised version of the BRMIMP for the project, and the CPM will determine the plans acceptability within 15 days of receipt of the final plan. All modifications to the approved BRMIMP must be made only after consultation with CEC, CDFG, BLM and USFWS. The project owner shall notify the CPM five (5) working days before implementing any CPM approved modifications to the BRMIMP.

Within 30 days after completion of project construction, the project owner shall provide to 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 mitigation and monitoring plan items are still outstanding.

NEW BIOLOGICAL RESOURCES CONDITIONS OF CERTIFICATION

State Streambed Alteration Agreement

BIO-13 If required, the Sunrise project owner will acquire and implement the terms and conditions of a California Department of Fish and Game Streambed Alteration Agreement.

Verification: Fifteen (15) days prior to the start of any ground disturbance activities associated with new linear facilities or site expansion, or a lesser time as mutually agreed upon by the project owner and the CPM, the project owner shall submit to the CPM a copy of the state (CDFG) Streambed Alteration Agreement. The terms and conditions of the Streambed Alteration Agreement will be incorporated into the revised Biological Resources Mitigation Implementation and Monitoring Plan. See Condition of Certification BIO-9.

Habitat Compensation

BIO-14 To compensate for temporary and permanent impacts to sensitive wildlife habitat for the additional wastewater pipeline and injection well-related impacts, the project owner will contact the Center for Natural Lands Management (CNLM) so CNLM can calculate the amount of compensation funds that will be required for CNLM to assume responsibility for acquiring and protecting no less an additional 29.1 acres of compensation habitat as part of the Lokern Preserve.

Verification:Within one (1) week of approval of the wastewater pipeline and injection well amendment, the project owner must provide written verification to the CPM that the required compensation funds have been provided to CNLM.

Within 180 days after completion of project construction, the project owner shall provide the CPM aerial photographs taken after construction and an analysis of the amount of any additional habitat disturbance beyond that identified in the Energy Commission Final Staff Assessment. The CPM will notify the project owner of any additional funds required to compensate for any additional habitat disturbances at the adjusted market value at the time of construction to acquire and manage habitat.

NEW CULTURAL RESOURCES CONDITION OF CERTIFICATION

Cul-18 Prior to any ground disturbance within 200 feet of injection well #72T the project owner shall complete the following:

  1. An intensive cultural resources survey shall be conducted and a letter report provided to the CPM for review and approval. If cultural resources are identified the resources shall be identified on Department of Parks and Recreation form 523 and attached to the letter report. The letter report shall provide an analysis of the feasibility of avoiding impacts to the resource(s) and recommendations regarding necessary measures to assure avoidance;

  2. If cultural resources are identified that can be avoided, then mitigation measures shall be implemented, if required, to assure the avoidance of the resources;

  3. If cultural resources can not be avoided, then an evaluation program shall be initiated and a report of the evaluation shall be made to the CPM regarding the eligibility of the resource for the California Register of Historical Resources (CRHR). The determination of eligibility to the CRHR will be made by the Energy Commission;

  4. If a resource is determined to be eligible for the CRHR by the Energy Commission, then approved mitigation measures shall be implemented to reduce the impact to less than significant.

  5. Prepare an addendum to the Cultural Resources Monitoring and Mitigation Plan (CRMMP) that identifies all mitigation measures that will be utilized.

Verification: Prior to ground disturbance within 200 feet of injection well #72T, the project owner shall provide the CPM with a report(s) for review and approval that documents the results of the survey, DPR 523 forms if resources were identified, reports evaluating any resources that can not be avoided, and an addendum to the CRMMP that identifies any cultural resources within the impact area and recommendations for all mitigation measures necessary to ensure that the impacts to cultural resources will be less than significant.

CHANGES TO EXISTING SOIL & WATER CONDITIONS OF CERTIFICATION

SOIL&WATER 1 Prior to beginning any clearing, grading or excavation activities associated with project construction, including any new linear facilities or site expansion, the project owner will develop and implement a Storm Water Pollution Prevention Plan (SWPPP).

Verification: Two weeks prior to the start of construction, the project owner will submit to the Energy Commission Compliance Project Manager (CPM) a copy of the Storm Water Pollution Prevention Plan (SWPPP). This plan will contain the final project design, and will identify any new linear facilities or site expansion.

SOIL&WATER 2 Prior to the initiation of any earth moving activities associated with any new linear facilities or site expansion, the project owner shall submit a draft erosion control and revegetation plan to the CPM for review and approval. The final plan shall contain all the elements of the draft plan with changes made to address the final design of the project, including any new linear facilities or site expansion.

Verification: The final erosion control and revegetation plan shall be submitted to the Energy Commission CPM for approval 30 days prior to the initiation of any earth moving activities associated any new linear facilities or site expansion.

NEW SOIL AND WATER CONDITION OF CERTIFICATION

SOIL & WATER 3 The project owner shall provide a copy of the final Underground Injection Control (UIC) permit issued by the U.S. EPA Region IX for the construction and operation of the wastewater disposal injection wells. A copy of the Report of Waste Discharge required by the CVRWQCB to issue a waiver allowing for the UIC permit to be issued by U.S. EPA Region IX, and a copy of the waiver itself will be provided to the Energy Commission CPM. The project shall not discharge wastewater to these wells without the final permit in place, or without emergency/temporary authorization from U.S. EPA Region IX. The project owner shall provide on a continuing basis copies of all monitoring or other reports, and changes to the permit submitted or received from the U.S EPA related to the operation of these wells.

Verification: The final UIC permit and/or an emergency/temporary authorization issued by U.S. EPA Region IX for the injection wells, a copy of the ROWD accepted by the CVRWQCB, and a copy of the waiver issued by the CVRWQCB will be provided to the Energy Commission CPM 30-days prior to the start of the disposal wells receiving any wastewater for injection. Copies of permit changes and monitoring or other reports required by the U.S. EPA will be provided on a continuing basis to the CPM within 30 days of their submittal to the U.S. EPA.

IT IS SO ORDERED.

 

 

Dated: August 22, 2001

 

ENERGY RESOURCES CONSERVATION
AND DEVELOPMENT COMMISSION

 


WILLIAM J. KEESE, Chairman






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