BIOLOGICAL RESOURCES MITIGATION MEASURES (Cont'd)

(B-W-1 through B-W-12)

Mitigation Measure B-W-1: Prior to the beginning of construction activities, surveys ("preconstruction surveys") shall be conducted along all pipeline segments that may support any of the following sensitive species. Surveys shall be conducted by an agency-approved wildlife biologist familiar with these species and their habitats. Surveys for the reptiles and amphibians shall be conducted when these species are known to be active.

Tehachapi slender salamander (EMP 16-23)

Blunt-nosed leopard lizard (approximately EMP 5-15)

Southwestern pond turtle (approximately EMP 15-61)

California red-legged frog (approximately EMP 15-61)

San Joaquin antelope squirrel (approximately EMP 5-15)

Tehachapi pocket mouse (EMP 33-34)

San Joaquin kit fox (approximately EMP 5-15)

American badger (EMP 5-53 and 63.3-67)

The purpose of these pre-construction surveys would be to determine the presence or absence of each of the above-listed sensitive wildlife species on the project site(s); to determine the extent of suitable habitat within or adjacent to the pipeline corridor for each of these sensitive wildlife species; to document the locations of dens (for large mammals like the San Joaquin kit fox and American badger), and to evaluate the efficacy of subsequent clearance surveys for the more sedentary species.

Impact: Sensitive species and resources adjacent to the proposed route may be removed or degraded by construction, maintenance, repair, or emergency response. (Class I or II)

Performance Criteria, Violation Level, and Timing:

PC1 PPSI provides preconstruction survey reports from qualified biologists for each of the following sensitive species in suitable habitat within the following mileposts: (Level 2) - Prior to construction.

Tehachapi slender salamander (EMP 16-23)

Blunt-nosed leopard lizard (approximately EMP 5-15)

Southwestern pond turtle (approximately EMP 15-61)

California red-legged frog (approximately EMP 15-61)

San Joaquin antelope squirrel (approximately EMP 5-15)

Tehachapi pocket mouse (EMP 33-34)

San Joaquin kit fox (approximately EMP 5-15)

American badger (EMP 5-53 and 63.3-67)

PC2 PPSI conducts preconstruction survey of potential habitat using accepted procedures for Tehachapi slender salamander, San Joaquin kit fox, California Red-legged frog, blunt-nosed Leopard lizard, and Tehachapi pocket mouse. If no individuals are found, construction may proceed in unoccupied habitat. If individuals are found, PC3 is to be followed.

PC3 If these species are found within the disturbance corridor during the preconstruction surveys, PPSI will have a qualified wildlife biologist conduct clearance surveys for these species approximately one week prior to construction (see B-W-2, PC2). Individuals found within the disturbance corridor will be relocated to similar, adjacent habitats at least 50 yards outside of the construction corridor.

Effectiveness Criteria: Minimal disturbance to San Joaquin Valley sensitive species during construction.

Effectiveness Timing: During construction.

Mitigation Measure B-W-2: Limit construction activities near sensitive habitats that have been found during preconstruction surveys to support the sensitive species listed below in Table C.3-10. One of two options may be used to avoid significant impacts on these species:

(1) Limit construction activities in areas where any of the species listed in Table C.3-10 are found to periods of inactivity when these species are underground below the depth of surface disturbance. If construction is scheduled to be completed when the species are inactive, then the thorough preconstruction surveys would not be necessary because impacts on individuals would be generally limited to only the actual area of the trench, which is approximately 3 feet wide and 5 feet. (It is assumed that inactive individuals outside of the specific trench area are generally below the depth of disturbance for ROW preparation.)

(2) If construction is scheduled through any of these sensitive species' habitats for the time period when they are known to be active, then, within one week of construction, an agency-approved wildlife biologist shall thoroughly search for and capture all individuals found in or immediately adjacent to the ROW. The captured individuals shall either be relocated to appropriate habitat outside of the disturbance corridor or shall be held in captivity until construction is completed through their habitat. The construction area shall be monitored during construction and appropriate measures taken to ensure that individuals of relocated species do not move into the construction corridor. The decision of whether to relocate the animals shall be made by the biologist in consultation with the Onsite Environmental Coordinator (OEC) on the basis of site-specific conditions that might influence the safety of the animals. For listed or proposed threatened or endangered species, mitigation activities would have to occur within the framework of the biological opinion (USFWS), memorandum of understanding (CDFG), or other permit or instruction coming from USFWS or CDFG pursuant to Federal or State endangered species legislation.

Impact: Construction may result in significant impacts on San Joaquin Valley-sensitive wildlife species. (Class II)

Performance Criteria, Violation Level, and Timing:

PC1 Construction abides by Seasonal Construction Limitations; Table C.3-10, (FEIS/SEIR 1/96, p C.3-71). (Level 2) - During construction.

or

PC2 If sensitive species are found during the clearance surveys, PPSI biologists will relocate individuals to suitable adjacent habitat at least 50 yards outside the disturbance corridor within 12 hours of capture. (Level 2) - Prior to construction.

PC3 PPSI provides capture plans and copies of necessary permits from USFWS/CDFG for each sensitive species prior to capture attempts. (Level 3) - Prior to start of construction.

PC4 PPSI has qualified biologist search for and capture all sensitive species individuals in or immediately adjacent to ROW. (Level 3) - Within one week prior to construction in sensitive species' habitats.

PC5 PPSI provides report by qualified biologist on status of captured animals and maps of release sites. (Level 2) - Within one week prior to construction in sensitive species' habitats.

PC6 PPSI monitors construction area to ensure relocated individuals do not return to construction corridor. (Level 2) - During construction in sensitive species' habitats.

PC7 For each sensitive species animal that returns to the construction area, PPSI provides report from qualified biologist on details of capture and relocation to appropriate habitat outside the disturbance corridor. Relocation to occur within 12 hours of capture. (Level 3) - Report provided within 24 hours of capture. (Relocation to occur within 12 hours of capture.)

PC8 If the sensitive species are active beyond the construction windows in Table C.3-10, PPSI shall abide by PC3 through PC7. (Level 3)- During construction in sensitive species' habitats.

Effectiveness Criteria: Minimal disturbance to sensitive species during construction.

Effectiveness Timing: During construction.

Mitigation Measure B-W-2*: Time construction activities near sensitive habitats to occur between July and November to avoid the nesting season for sensitive bird species, and to assure that site restoration and revegetation measures are in place prior to the start of the rainy season. No construction shall take place during the nesting season for the following list of sensitive species (Table C.3-10a) at the locations noted in the accompanying table for this mitigation measure unless preconstruction surveys conducted during the appropriate season by a qualified wildlife biologist (subject to CPUC/other agency approval) determine that no sensitive avian species is nesting within 500 feet of the ROW on the side away from the adjacent highway or between the ROW and the adjacent highway. Implementation of these seasonal construction restrictions would help to prevent any adverse effects on these species from noise and increased human disturbance generated during construction.

Impact: Interruption of sensitive species breeding caused by nearby construction activity.

Performance Criteria, Violation Level, and Timing:

PC1 Construction near habitats of sensitive bird species (Table C.3-10a) occurs only between July and November only if courtship behavior and/or nesting has been established during the pre-construction wildlife surveys. (Level 2) - Between July 1 and October 31 during construction.

PC2 Construction abides by Seasonal Construction Limitations listed in Table C.3-10a (FEIR 9/93, p C.3-91) if the pre-construction wildlife surveys determine that sensitive bird species are nesting within 500 feet of the ROW on the side away from the adjacent highway or between the ROW and the adjacent highway. (Level 2) - During construction.

PC3 PPSI provides seasonal preconstruction wildlife surveys for sensitive bird species performed by a qualified biologist for review. (Level 2) - Prior to start of construction.

PC4a If the preconstruction wildlife surveys determine that no sensitive avian species nest within 500 feet of the ROW on the side away from the adjacent highway or between the ROW and the adjacent highway, PPSI requests permission to construct during the breeding season windows in Table C.3-10a to CPUC/ANF with a copy to CPUC/ANF designee. (Level 2) - Prior to start of construction.

Table C.3-10a Seasonal Construction Limitations (B-W-2)

PC4b PPSI does not begin construction during the breeding season windows in Table C.3-10a until written permission to construct has been received from CPUC/ANF or their designee. (Level 3) - Prior to start of construction in sensitive species habitat in Table C.3-10a.

PC5 Site restoration and revegetation measures (as detailed in the ECRLP) are in place near sensitive habitats prior to November 1, the start of the rainy season. (Level 3) - Between May 1 and October 31 (dry season) during construction and post-construction.

Effectiveness Criteria: Survey methodology/ results must meet approval of CPUC/County/EQAP biological specialist prior to allowing construction in specified segments; effectiveness to be assumed in that case.

Effectiveness Timing: During construction.

Mitigation Measure B-W-3: The following measures shall be incorporated for all project-related activity through areas that support sensitive species habitat and through the entire San Joaquin Valley segment. These measures are taken in part from the USFWS list of standardized recommendations for protecting the San Joaquin kit fox (USFWS, 1989).

Every attempt should be made to minimize the areas subject to permanent and temporary construction disturbances and other types of project-related disturbances. Prior to the start of construction the boundaries of the construction ROW should be clearly marked with stakes and flagging. Where feasible, all project-related vehicle traffic should be restricted to established roads and construction areas. Cross-country vehicle travel outside of the clearly delineated construction ROW should be prohibited.

To prevent the accidental entrapment and subsequent burial of sensitive ground dwelling animals in the pipeline trench, escape ramps constructed of earth fill or wooden planks inserted into the open trench at reasonable intervals should be provided for all open sections of the pipeline trench at the end of each working day. Prior to the start of construction each day a qualified wildlife biologist should inspect and remove any animals that have become trapped in the open pipeline trench during the preceding night. Also, all construction pipes, culverts, or similar structures that are stored on site or adjacent to the construction site for one or more nights should be thoroughly inspected for sensitive wildlife by a qualified wildlife biologist before the material is buried, capped, or otherwise used or moved.

To keep from attracting wildlife at night into the project site, all food-related trash such as wrappers, cans, bottles, and food scraps should be disposed of in closed containers and regularly removed from the construction site.

Pets of construction personnel (e.g., dogs and cats) should be prohibited from the project site to prevent possible harassment, mortality, or destruction of dens or burrows of endangered and sensitive wildlife species.

Construction personnel who accidentally kill or injure any State- or Federally-listed wildlife species (including Tehachapi slender salamander, blunt-nosed leopard lizard, San Joaquin antelope squirrel, and San Joaquin kit fox) or who find a dead, injured or entrapped listed wildlife species should report the incident immediately to the OEC. USFWS should be notified within three working days of the finding of any dead or injured listed species. Any kit foxes or other endangered species found dead or injured at the project site must be turned over immediately to the CDFG for care or analysis.

An employee education and compliance program should be implemented prior to the start of construction for all construction personnel that will be involved with construction of the San Joaquin Valley segment of the proposed pipeline route. This program should consist of a brief consultation in which individuals knowledgeable in the biology and legislative protections given San Joaquin Valley listed wildlife species explain endangered species concerns. This program should include a description of each of the listed species and their habitats, should address the occurrence of each species relative to the project site, and should identify all of the measures being taken to reduce impacts on listed species during project construction. A fact sheet which conveys this information about each of the listed species expected to occur in the project area should be prepared and distributed by PPSI to all contractors, their employees, and other project personnel involved with construction of the San Joaquin Valley segment of the Proposed Project.

To reduce the chances of endangered wildlife species being accidentally hit by construction vehicles, all construction vehicles should observe a 20 mph speed limit through the San Joaquin segment of the route within a clearly marked construction ROW, except along county roads and State and Federal Highways. To the extent possible, nighttime construction related activities should be kept to a minimum so as not to further impact the nocturnally active San Joaquin kit fox.

Impact: Construction may result in significant impacts on San Joaquin Valley - sensitive wildlife species. (Class II)

Performance Criteria, Violation Level, and Timing:

PC1 In San Joaquin Valley (MP 0.0 to MP 15.5) area subject to permanent and temporary disturbance is minimized; project-related traffic is restricted to established roads and construction areas; and no cross-country travel occurs. (Level 2) - Prior to start of construction, during construction, and post-construction in sensitive species habitat and through entire San Joaquin Valley.

PC2 In San Joaquin Valley (MP 0.0 to MP 15.5) boundaries of construction ROW, including extra work areas, are clearly marked. (Level 2) - Prior to start of construction in sensitive species habitat and through entire San Joaquin Valley.

PC3 In San Joaquin Valley (MP 0.0 to MP 15.5) wildlife ramps in place in open trench every 0.25 mile at the end of each day. (Level 2) - End of each work day during construction in sensitive species habitat and through entire San Joaquin Valley.

PC4 In San Joaquin Valley (MP 0.0 to MP 15.5) PPSI provides reports each work day prior to start of that day's construction from qualified biologist(s) that open trench inspected and trapped wildlife removed. (Level 2) - Prior to start of construction, during construction, and post-construction in sensitive species habitat and through entire San Joaquin Valley.

PC5 In San Joaquin Valley (MP 0.0 to MP 15.5) PPSI provides reports at the end of each work day from qualified biologist(s) that stored materials have been inspected for sensitive wildlife prior to being used or moved unless those materials have been protected by capping or covering to prevent entry by wildlife. (Level 2) - End of each work day during construction in sensitive species habitat and through entire San Joaquin Valley.

PC6 In San Joaquin Valley (MP 0.0 to MP 15.5) trash is disposed of in closed containers and removed from construction site when the containers are full. (Level 2) - Pre-construction, during construction, and post-construction in sensitive species habitat and through entire San Joaquin Valley.

PC7 In San Joaquin Valley (MP 0.0 to MP 15.5) pets of project personnel are not on ROW. (Level 2) - Pre-construction, during construction, and post-construction in sensitive species habitat and through entire San Joaquin Valley.

PC8 In San Joaquin Valley (MP 0.0 to MP 15.5) PPSI immediately reports any incident where any State- or Federally-listed wildlife species is found dead, entrapped, injured or killed and PPSI immediately notifies CPUC/ANF designee. (Level 3) - Pre-construction, during construction, and post-construction in sensitive species habitat and through entire San Joaquin Valley.

PC9 In San Joaquin Valley (MP 0.0 to MP 15.5) PPSI provides copy of report to USFWS of any incident where any State- or Federally-listed wildlife species is found dead, entrapped, injured or killed (PPSI must notify USFWS within 3 working days of find.) (Level 2) - Pre-construction, during construction, and post-construction in sensitive species habitat and through entire San Joaquin Valley.

PC10 In San Joaquin Valley (MP 0.0 to MP 15.5) PPSI notifies CPUC/ANF designee when it will meet with CDFG to turn over any San Joaquin kit fox or other endangered species found dead or injured (PPSI must immediately provide CDFG with injured or dead specimen). (Level 2) - Pre-construction, during construction, and post-construction in sensitive species habitat and through entire San Joaquin Valley.

PC11 In San Joaquin Valley (MP 0.0 to MP 15.5) PPSI prepares and submits for review by CPUC/ANF designee a detailed Employee Education and Compliance Program (including how verification of personnel training will be tracked). (Level 2) - Prior to construction.

PC12 In San Joaquin Valley (MP 0.0 to MP 15.5) PPSI implements Employee Education and Compliance Program and distributes an endangered species fact sheet to all project personnel (including contractors, subcontractors, and service company representatives) prior the their beginning work on the ROW. (Level 2) - Prior to construction.

PC13 In San Joaquin Valley (MP 0.0 to MP 15.5) construction vehicles observe 20 mph speed limit on all sections of the construction ROW except where the ROW is within county roads or State or Federal highways. (See also Mitigation Measure A-10.) (Level 2) - Pre-construction, during construction, and post-construction in sensitive species habitat and through entire San Joaquin Valley.

Effectiveness Criteria: Minimal disturbance to sensitive species.

Effectiveness Timing: During construction

Mitigation Measure B-W-4: Where preconstruction surveys have identified the occurrence of blunt-nosed leopard lizard, San Joaquin antelope squirrel, or San Joaquin kit fox along the ROW, the following measures shall be implemented. These measures are taken in part from the USFWS list of standardized recommendations for protecting the San Joaquin kit fox (USFWS, 1989).

Based on the results of the preconstruction surveys, where feasible, the project should be modified based on consultation with CPUC, ANF, USFWS, CDFG, or other jurisdiction as applicable to avoid or reduce anticipated impacts to listed San Joaquin Valley wildlife species.

Prior to the start of construction, protective buffer zones should be established around all known and potential San Joaquin kit fox dens. These buffer zones should be circular with a radius of specified distance measured outward from the den entrance or cluster of entrances. The size of these exclusion zones should be agreed upon in consultation with the USFWS and CDFG. Construction-related activities should be prohibited or greatly restricted within these exclusion zones. All construction, vehicle operation, materials storage, or any other type of surface-disturbing activity should be prohibited within these zones. To ensure adequate protection of San Joaquin kit fox dens in the project area, the exclusion zones should be encircled at the appropriate distance by USFWS-approved exclusion fencing (i.e., large flagged 4- to 5-foot metal or 1" X 1" wooden stakes connected by heavy rope or cord) (USFWS, 1989). Two to three signs explaining the fenced zone as environmentally sensitive habitat should be placed equidistant around the perimeter of each exclusion zone. Exclusion zone fencing should be maintained until all construction-related or operational disturbances have been completed at which time all fencing and signs should be removed. For potential kit fox dens, three 4- to 5-foot flagged stakes should be placed equidistant at points 10 to 15 feet from the den entrance, and a single sign beside one of the stakes will suffice to identify the dens as an environmentally sensitive area.

Wherever possible all San Joaquin kit fox dens should be avoided. However, in cases where it would be impossible to avoid a kit fox den, then limited destruction of kit fox dens may be permitted, provided the following procedures are observed. Prior to destruction of any known kit fox dens, the USFWS shall be notified in writing of the intent to destroy the subject den(s) and of the reasons why alternative less-intrusive actions are not possible. USFWS will review the proposal and will either concur or will recommend alternative methods to either avoid den destruction or to reduce impacts. Natal or pupping dens should be destroyed only after they have been abandoned following the November 1 to July 31 breeding season. Potential kit fox dens may be destroyed without notification of the USFWS if, based on a determination made by a trained, CPUC- and CDFG-approved biologist, there is no current or previous recent use of the den by kit foxes. All kit fox dens that will be unavoidably destroyed by construction of this pipeline shall be carefully excavated by or under the direct supervision of a qualified USFWS-approved wildlife biologist. Dens shall be completely excavated with hand tools and subsequently back-filled and compacted to prevent later use by kit foxes prior to start of construction. Monitoring of dens shall be conducted for at least three consecutive days prior to excavation to ensure that dens are not occupied by kit foxes when excavated. If a kit fox is inadvertently found inside a den during excavation, the animal(s) shall be allowed to escape unhindered. Within two weeks after completion of destruction of kit fox dens, the USFWS shall be notified in writing as to the results of all dens destroyed.

All areas of native San Joaquin Valley habitats disturbed during construction of this pipeline should be recontoured and revegetated to promote restoration to pre-project conditions. Methods and plant species to be used to revegetate areas of native San Joaquin Valley habitat disturbed by this project should be determined on a site-specific basis in consultation with USFWS, CDFG, and revegetation experts. To the extent possible, local plant species or plant species native to similar habitats in the San Joaquin Valley should be used. All disturbed areas should be regularly monitored and reseeded as necessary to ensure that they are returned to pre-project conditions. (Note: also see Mitigation Measure B-V-4.)

Any known kit fox den that is destroyed during construction should be replaced with an artificial den. Den design and placement should be determined on a site-specific basis in consultation with USFWS, CDFG, and kit fox experts. Any potential kit fox den found during its excavation to contain evidence of kit fox use would be subject to replacement.

If blunt-nosed leopard lizards or antelope ground squirrels repeatedly enter the cleared ROW, then barriers such as protective fencing or drift fences may have to be erected for the duration of construction in these areas to exclude these species from continuing to enter the cleared ROW or open pipeline trench. Suitable exclusion barriers for lizards and small mammals are described in Germano et al. (1993) and O'Farrell and Stoddard (1993).

Impact: Construction may result in significant impacts on San Joaquin Valley-sensitive wildlife species. (Class II)

Performance Criteria, Violation Level, and Timing:

PC1 PPSI provides documentation of modifications made to project in order to avoid or reduce anticipated impacts to listed San Joaquin Valley wildlife species. (Level 1) - Prior to start of construction.

PC2 PPSI establishes USFWS- and CDFG-approved protective buffer zones with exclusion fencing and signs around all potential and known San Joaquin kit fox (SJKF) dens. (Level 1) - Prior to start of construction in areas along ROW where surveys have identified occurrence of SJKF dens.

PC3 Construction activities do not occur in SJKF buffer zones. (Level 3) - Prior to start of construction in areas along ROW where surveys have identified occurrence of SJKF dens.

PC4 Exclusion fencing and signs around all potential and known SJKF dens maintained while construction-related disturbance occurs. (Level 2) - During construction in areas along ROW where surveys have identified occurrence of SJKF dens.

PC5 Exclusion fencing and signs around all potential and known SJKF dens removed at completion of construction-related disturbance or revegetation efforts. (Level 1) - After construction in areas along ROW where surveys have identified occurrence of SJKF dens.

PC6 San Joaquin kit fox dens are avoided. (Level 3) - During construction in areas along ROW where surveys have identified occurrence of SJKF dens.

PC7 Within 7 days of excavation and/or destruction of a known SJKF den, PPSI provides reports and communications verifying that USFWS procedures were followed. (Level 2) - During process of deciding to destroy known SJKF den until SJKF den is destroyed.

PC8 PPSI notifies USFWS in writing within two weeks after completion of destruction of the results of all SJKF dens destroyed. (Level 3) - Within 14 days after completion of destruction of SJKF dens

PC9 Any known SJKF den that was destroyed has been replaced by an artificial den that meets USFWS, CDFG, and SJKF experts' standards within 30 days of completion of construction at that site. (Level 2) - Post-construction in areas where known SJKF den that was destroyed.

PC10 Area in San Joaquin Valley recontoured and revegetated to promote restoration to pre-project conditions. (See also Applicant Proposed Measure B-V-4**) (Level 2) - Post-construction in areas of native San Joaquin Valley.

PC11 All disturbed areas in San Joaquin Valley are monitored every 6 months by qualified reclamation specialist and reseeded as necessary until area returns to pre-project conditions. PPSI submits reports from qualified reclamation specialist within 45 days of monitoring. (Level 2) - Post-construction in areas of native San Joaquin Valley.

PC12 Barriers such as protective fencing erected after blunt-nosed leopard lizards or San Joaquin antelope squirrels repeatedly (more than 15 times) entered cleared ROW or open trench. (Level 2) - During construction in areas along ROW where surveys have identified occurrence of blunt-nosed leopard lizards or San Joaquin antelope squirrels.

Effectiveness Criteria: Minimal disturbance to San Joaquin Valley sensitive species during construction.

Effectiveness Timing: During construction.

Mitigation Measure B-W-5: If preconstruction surveys have identified red-legged frogs, southwestern pond turtles, or two-striped garter snakes within or adjacent to the ROW, then, no more than one week prior to the start of construction in these areas, the animals shall be captured by an agency-approved wildlife biologist. The captured individuals shall either be relocated to appropriate habitat outside of the disturbance corridor or shall be held in captivity until construction is completed through their habitat. The decision of whether or not to relocate the animals shall be made by the wildlife biologist in consultation with the OEC on the basis of site-specific conditions that might influence the safety of the animals. For the red-legged frog, mitigation activities would have to occur within the framework of the biological opinion (USFWS), memorandum of understanding (CDFG), or other permit or instruction coming from USFWS or CDFG pursuant to Federal or State endangered species legislation. The capture sites shall be monitored during construction to ensure that any relocated animals do not move back into the construction corridor. The construction area shall be monitored during construction and appropriate measures taken to ensure that individuals of relocated species do not move into the construction corridor.

Impact: Construction may result in significant impacts on San Joaquin Valley-sensitive wildlife species. (Class II)

Performance Criteria, Violation Level, and Timing:

PC1 PPSI provides capture plans and copies of necessary permits from USFWS/CDFG for each sensitive species (red-legged frogs, southwestern pond turtles, and two-striped garter snakes) prior to capture attempts. (Level 3) - Prior to start of construction.

PC2 PPSI has qualified biologist search for and capture all sensitive species (red-legged frogs, southwestern pond turtles, and two-striped garter snakes) in or immediately adjacent to ROW. (Level 3) - One week prior to start of construction in sensitive species (red-legged frogs, southwestern pond turtles, and two-striped garter snakes) areas.

PC3 PPSI provides report by qualified biologist on status of captured animals and maps of release sites. Release to occur within 12 hours of capture. (Level 3) - During construction in sensitive species (red-legged frogs, southwestern pond turtles, and two-striped garter snakes) areas.

PC4 PPSI monitors construction area to ensure relocated individuals do not return to construction corridor. (Level 2) - During construction in sensitive species (red-legged frogs, southwestern pond turtles, and two-striped garter snakes) areas.

PC5 For each sensitive species animal that returns to the construction area, PPSI provides report from qualified biologist on details of capture and relocation to appropriate habitat outside the disturbance corridor. Relocation to occur within 12 hours of capture. (Level 3) - During construction in sensitive species (red-legged frogs, southwestern pond turtles, and two-striped garter snakes) areas. Relocation to occur within 12 hours of capture.

Effectiveness Criteria: Minimal disturbance to San Joaquin Valley sensitive species during construction.

Effectiveness Timing: During construction

Mitigation Measure B-W-6: Preconstruction surveys for the bird species listed in Table C.3-11 are not necessary if construction is scheduled to be completed during the non-breeding season. However, if construction is scheduled to occur between the mileposts listed below during the breeding season, surveys for nesting birds shall be conducted in that same season before construction begins. If nesting birds are found, then construction activity shall be delayed or rescheduled within 100 to 500 feet of the nest to avoid disturbance to the nest. The buffer distance between construction activity and the nest shall be decided by the agency-approved biological monitor and shall depend upon site-specific factors including the vulnerability of the nest to construction activity and the presence of other nearby disturbances. Construction activity may resume when it is determined by the biological monitor that the young have fledged and/or nesting in the area is completed.

Table C.3-11 Preconstruction Surveys and Seasonal Construction Limitations for Sensitive Bird Species

Impact: Construction may impact Federally or State-listed as threatened or endangered species or sensitive species with locally vulnerable populations. (Class II)

Performance Criteria, Violation Level, and Timing:

PC1 PPSI provides survey reports if construction is scheduled to be completed during avian breeding season as in Table C.3-11, Seasonal Construction Limitations (EIS/SEIR 9/96, p C.3-74). (Level 2) - In breeding season prior to start of construction.

PC2 If sensitive species nesting birds are found, PPSI provides written documentation that construction will be delayed within 100 to 500 feet (as determined by qualified biologist) of nest until young have fledged or nesting is completed. (Level 3) - During construction.

Effectiveness Criteria: Minimal disturbance to sensitive wildlife along the pipeline route.

Effectiveness Timing: During construction.

Mitigation Measure B-W-6*: Provide in the Oil Spill Contingency Plan (OSCP), described in System Safety Mitigation Measure SS-9, site-specific containment and cleanup procedures protecting particularly sensitive wildlife resource areas including coastal estuaries and riparian and freshwater habitats along the Santa Clara River (also see Mitigation Measure B-V-7).

The OSCP shall also provide stipulations for development and implementations of site specific habitat restoration plans and other site-specific and species-specific measures appropriate for mitigating impacts on local populations of sensitive wildlife species. Access and egress points, staging areas, and material stockpile areas that avoid sensitive habitats shall be identified. The OSCP shall include species- and site-specific procedures for collection, transportation, and treatment of oiled wildlife, particularly sensitive species and shall include provisions such as bonding to ensure funding for required cleanup measures.

Impact: Oil spill impacts on wildlife habitat.

Performance Criteria, Violation Level, and Timing:

PC1 OSCP describes site-specific containment and cleanup procedures for coastal estuaries and riparian and freshwater habitats along the Santa Clara River. (Level 1) - Prior to pipeline operation.

PC2 OSCP provides stipulations for development and implementation of site-specific habitat conservation plans along the Santa Clara River. (Level 1) - Prior to pipeline operation.

Effectiveness Criteria: Plan must satisfy reviewers that it is implementable, provides sufficient detail, addresses likely scenarios, and provides maximum feasible mitigation; wildlife habitat recovers from oil spill impacts.

Effectiveness Timing: OSCP completed and approved prior to operation; and habitat recovery monitored after oil spill..

Mitigation Measure B-W-7: During preconstruction surveys, burrowing owl burrows outside but adjacent to the ROW shall be flagged to ensure that they are not disturbed. Within the ROW, unoccupied burrows shall be covered to prevent owls from reoccupying the burrows prior to construction. Occupied burrows in the ROW shall be hand-excavated preferably before or after the reproductive season (May-July) to remove animals from harm's way. The burrows shall then be covered to assure animals will not return.

Impact: Construction may impact Federally or State-listed as threatened or endangered species or sensitive species with locally vulnerable populations. (Class II)

Performance Criteria, Violation Level, and Timing:

PC1 Burrowing owl dens outside, but adjacent to, ROW are flagged and unoccupied dens within the ROW are covered. (Level 2) - Prior to construction (during preconstruction surveys).

PC2 PPSI to provide copies of all necessary USFWS/CDFG permits prior to excavating burrowing owl dens. (Level 2) - Prior to construction in burrowing owl habitat.

PC3 Occupied burrowing owl dens are hand-excavated by qualified biologist to remove animals and dens are covered. (Level 3) - Between August 1 and April 30 (non-reproductive season) during construction in burrowing owl habitat.

PC4 Flagged burrowing owl dens are not disturbed. (Level 3) - Prior to, during, and post-construction.

PC5 Qualified biologist to inspect covered burrowing owl dens in the ROW immediately (no more than 2 hours) prior to construction to confirm that animals have not returned. If den is found to be active, PC3 shall be implemented. (Level 3) - During construction in burrowing owl habitat.

Effectiveness Criteria: Minimal disturbance to sensitive wildlife along the pipeline route.

Effectiveness Timing: During construction.

Mitigation Measure B-W-8: Conduct pre-construction surveys to identify active badger dens along or immediately adjacent to the proposed ROW. These surveys shall be performed by a CPUC- and ANF-approved wildlife biologist prior to the start of construction through areas that contain suitable badger habitat (e.g., annual grassland, Atriplex scrub, oak savanna, and open coastal sage scrub). Active badger dens outside but adjacent to the ROW shall be flagged for avoidance. Within the ROW, unoccupied dens shall be destroyed to prevent badgers from reoccupying the dens prior to construction. Occupied dens in the ROW shall be hand-excavated before or after the reproductive season (February-May) to make badgers leave. The dens shall then be closed to assure animals will not return.

Impact: Construction may impact Federally or State-listed as threatened or endangered species or sensitive species with locally vulnerable populations. (Class II)

Performance Criteria, Violation Level, and Timing:

PC1 PPSI provides pre-construction survey reports for badgers performed by qualified wildlife biologist. (Level 1) - Prior to start of construction.

PC2 Active badger dens outside of, but adjacent to, ROW are flagged. (Level 2) - Prior to start of construction in badger habitat.

PC3 Unoccupied badger dens within the ROW are destroyed prior to construction. (Level 3) - Prior to start of construction in badger habitat.

PC4 Occupied badger dens within the ROW are hand-excavated either before or after the reproductive season (which is February through May) by qualified biologist to make animals leave and dens are closed so they cannot be reentered. (Level 3) - June through January prior to start of construction in badger habitat.

Effectiveness Criteria: Minimal disturbance to sensitive wildlife along the pipeline route.

Effectiveness Timing: During construction.

Mitigation Measure B-W-9: Provide in the Oil Spill Contingency Plan (OSCP), described in System Safety Mitigation Measure SS-13, site-specific containment and cleanup procedures protecting particularly sensitive wildlife resource areas including lakes, and riparian and freshwater habitats along Grapevine Creek, Gorman Creek, West Fork Liebre Gulch, Liebre Gulch, Castaic Creek, Piru Creek, and the Santa Clara River.

The OSCP shall also provide stipulations for development and implementation of site-specific habitat conservation plans and other site-specific and species-specific measures appropriate for mitigating impacts on local populations of sensitive wildlife species. Access and egress points, staging areas, and material stockpile areas that avoid sensitive habitats shall be identified. The OSCP shall include species- and site-specific procedures for collection, transportation, and treatment of oiled wildlife, particularly sensitive species, and shall include provisions such as bonding to ensure funding for required cleanup measures.

Impact: A large oil spill may affect a large area of sensitive species habitat or a significant number of individuals. (Class I or II)

Performance Criteria, Violation Level, and Timing:

PC1 PPSI submits for review OSCP that has section that describes site-specific (by EMP) containment and cleanup procedures for protecting wildlife resource areas including lakes, and riparian and freshwater habitats. (See also Mitigation Measure SS-13.) (Level 1) - Prior to pipeline operation.

PC2 PPSI develops site-specific habitat conservation plans for sensitive wildlife resource areas including lakes, and riparian and freshwater habitats along Grapevine Creek, Gorman Creek, West Fork Liebre Gulch, Liebre Gulch, Castaic Creek, Piru Creek, and the Santa Clara River to be included in the OSCP. (Level 1) - Prior to pipeline operation.

PC3 PPSI implements site-specific habitat conservation plans and other site-specific and species-specific measures to mitigate impacts on local populations of sensitive wildlife species caused by an oil spill. (Level 2) - During oil spill response.

PC4 OSCP includes species- and site-specific procedures (with references) for handling and treatment of oiled wildlife based on accepted methods and CDFG guidelines. (Level 2) - Prior to pipeline operation.

Effectiveness Criteria: Effectiveness should be re-evaluated after an oil spill, OSCP revised if necessary. Restoration criteria consistent with ECRLP.

Effectiveness Timing: OSCP completed and approved prior to operations; effectiveness reviewed following implementation in response to an oil spill.

Mitigation Measure B-W-10: Describe in the OSCP, where feasible, low-impact site-specific cleanup techniques such as hand cutting contaminated vegetation and using low-pressure water flushing from boats to remove oil from particularly sensitive wildlife habitats (e.g., riparian woodlands, lakes, and streams), because more destructive techniques such as shoveling, bulldozing, raking, and drag-lining can cause more damage to a sensitive habitat than the oil spill itself. Site-specific cleanup methods used shall be determined by the Incident Commander in consultation with the appropriate agencies including USFWS and CDFG. The OSCP shall evaluate the no-cleanup option for ecologically vulnerable habitats such as riparian habitats.

Impact: A large oil spill may affect a large area of sensitive species habitat or a significant number of individuals. (Class I or II)

Performance Criteria, Violation Level, and Timing:

PC1 OSCP describes in detail and with references accepted low-impact, site-specific cleanup techniques that will be employed when removing oil from sensitive wildlife habitats such as riparian woodlands, lakes, and streams. (Level 1) - Prior to pipeline operation.

PC2 During preparation for oil spill clean-up operations, the Incident Commander will consult with USFWS and CDFG prior to instituting clean-up methods. (Level 3) - Prior to oil spill response operation in sensitive wildlife habitats.

PC3 OSCP evaluates the no cleanup option in detail for ecologically vulnerable habitats. (Level 1) - Prior to pipeline operation.

Effectiveness Criteria: Effectiveness should be re-evaluated after an oil spill, OSCP revised if necessary. Restoration criteria consistent with ECRLP.

Effectiveness Timing: OSCP completed and approved prior to operations; effectiveness reviewed following implementation in response to an oil spill.

Mitigation Measure B-W-11: The OSCP shall identify appropriately trained personnel and equipment to respond to an oil spill pursuant to 40 CFR 194, Response Plans for Onshore Pipelines. In addition, pursuant to Title 14 Subdivision 4 (Office of Oil Spill Prevention and Response) of the California Department of Fish and Game Government Code, the OSCP shall discuss procedures that clearly outline how rehabilitation of oiled wildlife will be accomplished and assure by contract, or other approved means, the equipment and personnel necessary to implement these procedures. The OSCP shall incorporate wildlife contingency measures into the OSCP including specifics of how to deal with oiled wildlife, both terrestrial and aquatic; a list of names and telephone numbers of persons who are expert in the rehabilitation of oiled wildlife; locations and response times of facilities and persons for responding to oiled wildlife, creating facilities if necessary; and providing for the ability to rehabilitate oiled wildlife over the long term, if necessary.

Impact: A large oil spill may affect a large area of sensitive species habitat or a significant number of individuals. (Class I or II)

Performance Criteria, Violation Level, and Timing:

PC1 OSCP abides by 40 CFR 194 and CDFG Government Code Title 14 Subdivision 4. (Level 2) - Prior to pipeline operation.

PC2 PPSI incorporates into OSCP wildlife contingency measures based on specific information on rehabilitation, care and housing of oiled wildlife and including list of CDFG-recognized oiled wildlife care personnel and facilities. (Level 1) - Prior to pipeline operation.

PC3 PPSI establishes fund to ensure funding for all necessary cleanup measures and oiled wildlife care, including funding for creating new facilities and supporting the ability to rehabilitate oiled wildlife until that last impacted, rehabilitated animal is released. (Level 2) - Prior to pipeline operation.

Effectiveness Criteria: Effectiveness should be re-evaluated after an oil spill, OSCP revised if necessary. Restoration criteria consistent with ECRLP.

Effectiveness Timing: OSCP completed and approved prior to operations; effectiveness reviewed following implementation in response to an oil spill.

Mitigation Measure B-W-12: Prior to removal of the pipeline on National Forest System lands, the project alignment shall be surveyed by a ANF-approved wildlife biologist for any sensitive wildlife species occurring along the route. The results of the survey shall provide the basis for implementing Mitigation Measures B-W-2, B-W-4, B-W-5, and B-W-6 as applicable to pipeline abandonment.

Impact: Removal of pipeline as required for abandonment on ANF land may have impacts similar to those of construction, and may affect species whose status has changed in the years since construction. (Class II)

Performance Criteria, Violation Level, and Timing:

PC1 PPSI provides survey reports prepared by a qualified wildlife biologist with the description of any sensitive wildlife species on National Forest lands. (Level 2) - Prior to abandonment of pipeline in Angeles National Forest.

PC2 Mitigation Measures B-W-2, and B-W-4 through B-W-6, as applicable to unearthing and removing the pipeline, are implemented. (Level 2) - Prior to and during the abandonment of pipeline in Angeles National Forest

Effectiveness Criteria: New performance criteria to be developed.

Effectiveness Timing: Upon PPSI notification of intent to abandon per ANF requirements.

BIOLOGY APPLICANT PROPOSED MEASURES

Applicant Proposed Measure B-1**: Placement of the pipeline within the to-be-constructed Old Road extension, thereby avoiding adjacent valley oak woodland and coastal sage scrub habitats at EMP 62-67.

Impact: Sensitive species and resources adjacent to the proposed route may be removed or degraded by construction, maintenance, repair, or emergency response (Class I or II)

Performance Criteria, Violation Level, and Timing:

PC1 Pipeline placed within the to-be constructed Old Road extension. (Level 2) - During construction.

Effectiveness Criteria: Sensitive resources are fully avoided.

Effectiveness Timing: Resource avoidance confirmed during and after construction.

Applicant Proposed Measure B-2**: Placement of block or check valves so as to lessen the potential volume and effects of oil spilled in the event of a break in the pipeline (see Section C.13 for locations).

Impact: Oil spilled in the event of a break in the pipeline contaminating soil and causing damage or mortality to sensitive resources.

Performance Criteria, Violation Level, and Timing:

PC1 Block and check valve placed in accordance with Section C.13, System Safety (EIS/SEIR 9/96, p C.3-74). (Level 2) - During construction.

Effectiveness Criteria: Effectiveness would be evaluated after an oil spill.

Effectiveness Timing: After an oil spill.

Applicant Proposed Measure B-3**: Preconstruction geotechnical studies, the purpose of which will be to refine the alignment and to design appropriate, site-specific stabilization and erosion control measures.

Impact: See Mitigation Measures B-V-3, B-V-4*, and B-V-5

Performance Criteria, Violation Level, and Timing: See Mitigation Measures B-V-3, B-V-4*, and B-V-5

Effectiveness Criteria: See Mitigation Measures B-V-3, B-V-4*, and B-V-5

Effectiveness Timing: See Mitigation Measures B-V-3, B-V-4*, and B-V-5

Applicant Proposed Measure B-4**: Preconstruction surveys for sensitive plant and animal species to assess their occurrence along the construction ROW and the need for additional measures.

Impact: See Mitigation Measures B-V-1, B-W-1, and B-W-2*

Performance Criteria, Violation Level, and Timing: See Mitigation Measures B-V-1, B-W-1, and B-W-2*

Effectiveness Criteria: See Mitigation Measures B-V-1, B-W-1, and B-W-2*

Effectiveness Timing: See Mitigation Measures B-V-1, B-W-1, and B-W-2*

Applicant Proposed Measure B-5**: Where appropriate, implementation of measures to limit construction impacts on sensitive wildlife. Potential measures include the avoidance of sensitive bird species' habitats by 500 feet during the nesting season and the relocation or exclusion of sensitive species from construction sites.

Impact: See Mitigation Measures B-V-1, B-W-1, and B-W-2*

Performance Criteria, Violation Level, and Timing: See Mitigation Measures B-V-1, B-W-1, and B-W-2*

Effectiveness Criteria: See Mitigation Measures B-V-1, B-W-1, and B-W-2*

Effectiveness Timing: See Mitigation Measures B-V-1, B-W-1, and B-W-2*

Applicant Proposed Measure B-6**: Preconstruction flagging and fencing, and subsequent avoidance, of native oak and sycamore trees greater than 6 inches diameter at breast height (dbh = 4 feet above ground). Bulldozers would maintain their blades in a raised position except at areas specifically designated for clearing in order to prevent unintentional damage to vegetation.

Impact: See Mitigation Measure B-V-3*

Performance Criteria, Violation Level, and Timing: (See Mitigation Measures B-V-3*)

PC1 Bulldozers maintain blades in raised position except in areas specifically designated for clearing. (Level 2) - During construction.

Effectiveness Criteria: See Mitigation Measures B-V-3*

Effectiveness Timing: See Mitigation Measures B-V-3*

Applicant Proposed Measure B-7**: Preparation of an Erosion Control, Revegetation, and Landscaping Plan (LWRC, 1994a), to be approved by the CPUC and ANF, which will provide for post-construction habitat restoration to the satisfaction of the landowner and responsible agencies. The draft plan prepared by PPSI contains initial recommendations on seed mixes and revegetation and erosion control methods (including methods for stream crossings, with reestablishment of native riparian species where they are removed).

Impact: See Mitigation Measures B-V-3, B-V-4, B-V-4*, and B-V-5

Performance Criteria, Violation Level, and Timing: See Mitigation Measures B-V-3, B-V-4, B-V-4*, and B-V-5

Effectiveness Criteria: See Mitigation Measures B-V-3, B-V-4, B-V-4*, and B-V-5

Effectiveness Timing: See Mitigation Measures B-V-3, B-V-4, B-V-4*, and B-V-5

Applicant Proposed Measure B-8**: Designation of a qualified reclamation specialist, with experience and knowledge in the application of reclamation methods and prevention of erosion, to be approved by the CPUC and ANF to oversee revegetation and erosion control, and to monitor results and prepare summary reports.

Impact: Potential erosion/sedimentation impacts on native vegetation as a result of construction.

Performance Criteria, Violation Level, and Timing:

PC1 PPSI designates an approved qualified reclamation specialist who oversees revegetation and erosion control (Level 2) - During revegetation.

Effectiveness Criteria: No or reduced impacts from erosion/sedimentation to native vegetation.

Effectiveness Timing: Specialist designated prior to construction and is active during construction and revegetation.

Applicant Proposed Measure B-9**: Prohibition of (1) refueling and lubrication of construction equipment within 0.25 mile of any stream or wetland; and (2) storage of more than 2 barrels of fuel within 0.5 mile of sensitive streams or wetlands. Equipment would be regularly checked for leakage.

Impact: See Mitigation Measure B-AQ-1

Performance Criteria, Violation Level, and Timing: See Mitigation Measure B-AQ-1

Effectiveness Criteria: See Mitigation Measure B-AQ-1

Effectiveness Timing: See Mitigation Measure B-AQ-1

BIOLOGY PROJECT PARAMETERS

B-PP1 Vegetation will be chipped for use as mulch in revegetation efforts along the ROW. Trees larger than four inches in diameter will be cut to manageable lengths and stacked along the ROW for use by the landowner or the managing agency. No vegetation debris will be buried along the ROW. (FEIS/SEIR, p B-37)

B-PP2 Seed mixtures would contain no noxious weeds. (FEIS/SEIR, p B-45)

B-PP3 Drilling muds and cuttings would not be allowed to enter the streambed. (FEIR, p B-63)

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