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A2247 - SAN GORGONIO WIND ASSOCIATION SGWA WECS SETTLEMENT
San Gorgonio Wind Assoc. IV 1 Settlement Agr Amend AGREEMENT #2247 R18290, 2-2-94 AMENDMENT TO SETTLEMENT AGREEME1%, -------- - - THIS AMENDMENT TO _SETTLEMENT, AGREEMENT ("Amendment") , is entered into as of this ;aP°�`'� day (of�<(�.� �c.v:�� _ , 1994 ("Effective Date") , by and between the CITY OF- PALM SPRINGS, a municipal corporation and political subdivision of the State of California ("City") and SAN GORGONIO WIND ASSOCIATES IV, a California limited partnership ("SGWA IV") . The parties enter into this Amendment on the basis of the following facts, understandings and intentions: RECITALS A. The City (and Frank Bogert, Richard Smith, William Foster, Eli Birer and Lloyd Maryanov as members of the City Council of the City of Palm Springs) , Renewable Energy Ventures Incorporated, a District of Columbia corporation, and Earth Energy Systems Incorporated, a Delaware corporation, are parties to that certain Settlement Agreement dated as of June 5, 1985, with respect to the final resolution and settlement of claims in The City of Palm Springs, etc. , et al. v. Donald Paul Hodel, etc. , et al. , United States District Court, Central District of California, Civil Action No. 85-2114-WMB (Tx) ("Agreement") concerning Right-of-Way Grant, Serial No. CA-15549, dated March 31, 1984, as amended by Amendment dated December 18, 1985, issued by the United States Department of the Interior, Bureau of Land Management to Renewable Energy Ventures Incorporated ("BIM Grant") . B. On March 31, 1987, Renewable Energy Ventures, Incorporated assigned the BIM Grant to Whitewater Ventures, Inc. , a California corporation. On that same date, Whitewater Ventures, Inc. then assigned the BLM Grant to Wintec, Ltd. , a California limited partnership. On that same date, Wintec, Ltd. then assigned the BLM Grant to San Gorgonio Wind Associates IV (SGWA IV") , a California limited partnership. SGWA IV is the current holder of the BIM Grant. C. The City is planning to amend the conditional use permit section of its Zoning ordinance in regard to Wind Energy Conversion Systems ('!WECS Ordinance") . Drafts of the WECS Ordinance have been reviewed by the City Council, but final adoption had not occurred by the Effective Date. D. The parties to this Amendment desire to amend certain provisions of the Agreement. BPRSF6\SRD\0086077.03 1 NOW, THEREFORE, in consideration of the above recitals and the mutual covenants contained herein, the receipt and adequacy of which are hereby acknowledged, the parties hereto, as well as their successors, transferees or assigns, hereby agree as follows: AGREEMENT 1. Defined Terms. Capitalized terms used herein shall have the definitions given in the Agreement unless otherwise defined herein. 2 . Amendments to Section 1 of the Agreement. Section 1 of the Agreement (Mitigation Measures) is hereby amended as follows: 2 . 1 Section 1 (a) . Section 1(a) of the Agreement is hereby deleted in its entirety and replaced with the following: (a) It shall maintain all exposed surfaces of generators and blades in: (i) light environmental colors (such as off- white, gray, beige or tan) or darker fully saturated colors (such as dark blue or green, maroon or rust red) or galvanized; or (ii) in any additional color which may be permitted by the WECS Ordinance, at such time as it is adopted and as it may be amended from time to time. 2 .2 Section l (d) . Section 1(d) of the Agreement is hereby amended to replace the phrase 11150 feet" with the following phrase: "the greater of 200 feet or the height permitted by the WECS Ordinance at such time as it is adopted or as it may be amended from time to time. " 3 . Agreement as Amended. Any references to the term "Agreement" in the Agreement shall mean "the Agreement, as amended by the Amendment" . 4. Authority. The parties hereto acknowledge that, pursuant to Section $ (d) of the Agreement, the City of Palm Springs and Renewable Energy Ventures, Inc. , or its successor, are the only required parties to this Amendment. The persons signing below represent that they have the authority to bind their respective parties and that all necessary partner or governmental approvals required for the execution of this Amendment have been obtained. City further represents that it is not necessary to obtain the signatures of Frank Bogert, Richard Smith, William Foster, Eli Birer and Lloyd Maryanov (as members RPHSF6\SRD\0086077.03 2 0 of the City Council named in the above-described lawsuit and as signatories to the Agreement) or the signatures of the current members of the City Council of the City of Palm Springs in order to render valid this Amendment. 5. Limitation of Amendment. This Amendment shall not be deemed to be a waiver or modification of any other term, condition or covenant of the Agreement. Except as expressly modified herein, all terms, conditions, covenants, representations and warranties set forth in the Agreement shall remain in full force and effect. 6. Successor in Interest. The terms, covenants, and conditions herein contained shall be binding upon and inure to the benefit of the heirs, successors and assigns of the parties hereto. 7. Counterparts. This Amendment may be executed in any number of counterparts each of which shall be an original with the same effect as if the signature thereto and hereto were upon the same instrument. IN WITNESS WHEREOF, the City and SGWA IV have each caused this Amendment to be executed as of the date first set forth above. THE CI OF PALM SPRINGS Bywty�vh/✓ Mayor Its Authorized Representative ATTEST: City lerk of the City of Palm Springs SAN GORGONIO WIND ASSOCIATES IV, a California limited partnership By: Binary Energy Corporation Its: Genera Partner f FrIed W. Noble Its: President APPROVED AS TO FORM: City Attorney for the APPRpOVED UTY ��` City of Palm Springs BY RBi,,�, � �'�5 0 BPHSF6\SRD\0086077.03 3 7478L * 0 SETTLEMENT AGREEMENT San Gorgonio Farm Wind Energy Settlement Agr Re Right-Of-Way Grant AGREEMENT #2247 PARTIES: Closed Session Reported 9-18-85 The parties to this Agreement, are (a) 'the CI,TX OF PAI,M- SPRINGS ( "CITY" ) and FRANK M. BOGERT, RICHARD.;SMI'TH, WILLIAM FOSTER, ELI BIRER, and LI�OYD MA.RYANOV (collectively the.: "INDIVIDUAL PLAINTIFFS"' ) ,, who are plaintiffs in The City, of Palm Springs , etc. , et al . v . Donald Paul Hodel, .etc;. , et ,:al . , United States District Court , Central District of California , Civil Action No . 85-2114-WMB(Tx) ( "the Action" ) ; and (b)" SAN GORGONIO FARMS, INC,,, ( "SAN GORGONIO" ) , a Cal.ifornia 'ab'rpo,rat'ion, PURPOSE: • The purpose of this Agreement is to achieve a full and complete settlement of those issues involved in and arising out of the Action that involve the acts of SAN GORGONIO, the challenge in the Action to the existing right-of-way grants or other entitlements desCrribed below, and the proposal to ameAd the grant described below. . RIGHT-OF-WAY GRANT: This Agreement coneerns . Right-of-Way'.Grant , Sel-rial No . CA-9755 , for a wind energy dev�!Iopment ( "Develapment";.):, 7478L i 0 issued by the United States Department of the Interior, Bureau of Land Management (collectively "BLM" ) to SAN GORGONIO as amended on or about October 28, 1983 , the proposal to amend the Grant to include Phase III described below, and the activities of SAN GORGONIO thereunder . A copy of Right-of-Way Grant No . CA-9755 and the Right-of-Way Amendment (hereinafter collectively "Grant" ) are attached as EXHIBIT A hereto . The federal lands subject to the Grant and the proposal to amend the Grant are located in Section 12 , T3S R3E, S. B . B .M. The copy of the document attached as EXHIBIT B hereto contains the proposed revised plan of operations for Phases I and II of the Development . SAN GORGONIO' s proposal to amend the Grant to include Phase III in the Development and the proposed plan of operations for Phase III are contained in the copy of the • proposed environment assessment attached as EXHIBIT C hereto . Copies of site plans that depict the current and proposed locations of the individual wind turbine generators ( "generators" ) for Phases I , II , and III of SAN GORGONIO ' s Development are attached hereto as EXHIBITS D, E, and F respectively. (Some locations depicted on the site plans as proposed will have become current locations by the effective date of this Agreement. ) • 2 7478L ` 9 THE PARTIES AGREE AS FOLLOWS: • 1 . Mitigation Measures . SAN GORGONIO shall proceed expeditiously to implement the following mitigation measures : ( a) It shall color and maintain the exposed surfaces of all existing and future generators (excluding blade surfaces) with a dull ( i .e. , non-glossy) finish and color selected for compatibility with the surrounding environment ; provided, however, that it shall not be required to alter the existing color of the nacelles of the existing generators which do not have galvanized nacelles if a darker color would result • in a measurable worsening of existing generator motor overheating problems . When replacement blades are required for a generator, SAN GORGONIO will replace those blades with gray blades with a dull ( i .e. , non-glossy) finish if such gray blades are available from a manufacturer at a cost no greater than five percent ( 5%) in excess of the cost of replacement blades of a similar color and finish as those which are presently used; provided, however, that such dull gray blades shall not be required if such blades cannot be used in the desert environment without impairment of their aerodynamic function. • 3 7478L • 0 (b) SAN GORGONIO agrees that it will not install • generators of a height exceeding one hundred thirty ( 130) feet , measured from the ground to highest point of blade travel, as part of Phases I , II , and III unless it first shall request a further environmental assessment by the BLM, pursuant to paragraph 3 below; except that the parties agree that SAN GORGONIO has the right without the necessity of further environmental assessment to install generators of a height exceeding one hundred thirty (130) feet on the foundations in Phase I depicted as locations "A-9" and "A-12" on EXHIBIT "D" . The parties understand and agree that SAN GORGONIO will substitute and install generators of a height less than one hundred thirty feet in the general areas of sites previously approved for taller generators, and will do so without • preparing or requesting an environmental assessment . (c) The parties understand and agree that nothing in this Agreement shall require SAN GORGONIO to undertake mitigation measures in direct conflict with mitigation measures required by BLM and that nothing in this Agreement is intended to limit the ability of BLM to require SAN GORGONIO to undertake different or additional mitigation measures . • 4 7478L • . 2 . Notice to CITY of Changes in the Development . • SAN GORGONIO shall provide the CITY with copies of all documents filed with BLM, including, but not limited to, any proposed amendments to the Grant , proposed changes in the plan of operations , or any proposal for substantial changes in the Development . These copies shall be provided to the CITY at the time they are submitted to BLM. Provided, however, that copies of any documents containing information considered proprietary or confidential by SAN GORGONIO need not be provided to the CITY; but SAN GORGONIO, at the time any such document is filed with BLM, shall provide the CITY with a brief description of such document . • 3 . Further Environmental Assessment . SAN GORGONIO agrees that in the event it proposes to make any substantial change to the plan of operations of the Development that requires BLM approval, including, but not limited to, enlargement of acres disturbed; increase in numbers of generators ; or changes in the type, size, or capacity of generators , SAN GORGONIO will request in writing that BLM prepare an environmental assessment and such further environmental review as may be required under the National Environmental Policy Act ( "NEPA" ) . SAN GORGONIO shall also offer to pay all costs of preparing said environmental review. • 5 7478L • • SAN GORGONIO shall provide the CITY with copies of said request • and all other environmental review documents filed with BLM. These copies shall be filed with the CITY at the same time they are submitted to BLM. 4 . Community Monitoring Program. SAN GORGONIO agrees to participate in Riverside County Wind Implementation Monitoring Program ( "WIMP" ) . Such participation shall include, but not be limited to, a contribution of $1 . 15 per rated kilowatt of power of the Development ; providing site access and unprivileged information to authorized representatives of WIMP upon reasonable notice; and assistance in compiling reports relative to the • construction and operation of the Development and its environmental impacts . Said contribution shall be paid to Riverside County as each Phase of construction on the Development is complete; provided, however, that no contribution shall be required for any future phase of construction other than Phase I , Phase II , and Phase III or for any Phase which is completed more than five (5) years from the effective date of this Agreement . SAN GORGONIO shall provide CITY with notice of each payment at the time it is tendered. • 6 7478L i • 5 . Dismissal from Action and Waiver of Claims . • (a) The Parties hereto will, promptly after execution of this Agreement, file a joint stipulation for a dismissal of SAN GORGONIO from the Action with prejudice, including a dismissal of SAN GORGONIO' S counterclaims . A copy of said Stipulation is attached hereto as EXHIBIT G . (b) For and in consideration of this Agreement and said filing of said Stipulation for dismissal with prejudice : ( 1) SAN GORGONIO agrees to and does hereby forever discharge CITY, its appointed and elected officials , • officers , agents , and employees and the INDIVIDUAL PLAINTIFFS from any and all claims, actions , causes of action, demands , rights , damages , costs , expenses , requests for attorneys ' fees , and compensation whatsoever, known and unknown, arising prior to the effective date of this Agreement related to the matters set forth in the Action or which SAN GORGONIO may have now or which may hereafter accrue on account of or in any way growing out of any and all known and unknown, foreseen and unforeseen damage and the consequences thereof resulting from the commencement and maintenance until the effective date of this Agreement of the Action. • 7 7478L . • (2) The CITY and INDIVIDUAL PLAINTIFFS agree • to forever discharge SAN GORGONIO and its respective officers , directors, partners, employees , and agents from any and all claims , actions , causes of action, demands , rights , damages , costs , expenses , requests for attorneys ' fees , and compensation whatever, known and unknown, arising prior to the effective date of this Agreement related to matters set forth in the Action or resulting from the filing of counterclaims . (3) It is further understood and agreed that all rights under Section 1542 of the Civil Code of California and any similar law of any state or territory of the United States are expressly waived. Said section reads as follows : • "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor . " (c) Nothing contained in subparagraphs (b) ( 1) , (2) , or (3) shall operate as a release of obligations set forth in this Agreement . • 8 7478L i 0 (d) The parties understand and agree that as to • any additional development proposed during the life of the Grant plus any extension thereto upon the federal lands described above and as to any changes that may be proposed with regard to Phases I , III , and III , any objections by the CITY and the INDIVIDUAL PLAINTIFFS will not be raised in the Action, but will be addressed to BLM as a part of BLM' s normal review process . (e) As to Phases I , II , and III of the Development as currently proposed (see EXHIBITS D, E, and F respectively) plus any changes made thereto in order to accommodate situations that may arise during development or to accommodate demands by BLM or requests by the CITY, it is understood and agreed by the parties that, other than the obligations set forth in this Agreement , the CITY and the INDIVIDUAL PLAINTIFFS shall not seek to require SAN GORGONIO to modify these Phases of the Development . Further, the CITY and the INDIVIDUAL PLAINTIFFS waive any right to comment on or to challenge Phases I , II , and III , specifically including but not limited to any right to comment on the environmental assessment for Phase III or to demand a thirty day review period thereof and any right to challenge the validity of the Grant or NEPA Compliance with respect to the Grant as to any activities occurring before the effective date of this Agreement and as to Phases I , II , and III as currently proposed. Further , without • 9 7478L i • limiting the generality of the foregoing, the parties • understand and agree that this Agreement precludes the CITY and the INDIVIDUAL PLAINTIFFS from seeking or obtaining any judicial relief against the BLM or from entering into a settlement agreement with the BLM that would require any changes in Phases I, II , and III as currently proposed and modified by the obligations set forth in this Agreement . Nothing in this paragraph, however, shall be construed as preventing or estopping CITY and the INDIVIDUAL PLAINTIFFS from urging BLM by means other than a lawsuit to exercise any right or authority which BLM may have to cause changes to be made in the Development . 6 . Effective Date . • This Agreement shall become effective upon the date of Court approval of the stipulation referred to in Paragraph 5 . 7 . Miscellaneous . (a) Successors - This Agreement is binding upon and shall inure to the benefit of the parties hereto and each party' s respective successors , grantees, sublessees, assigns , heirs , and personal representatives . • 10 7478L (b) Knowledge and Consent of Parties - The parties to this Agreement have read and understand this Agreement . The parties to this Agreement mutually warrant and represent that this Agreement is executed voluntarily and without duress or undue influence on the part or on behalf of any party hereto . (c) Entire Agreement - This Agreement contains the sole and entire agreement and understanding of the parties with respect to the subject matter hereof . No representations oral or otherwise, express or implied, other than those contained herein, have been made by any party hereto . (d) Terms Mutually Dependant - The terms and • provisions of this Agreement are mutually dependent on one another and are not severable . If any provision of this Agreement is declared to be invalid for any reason, then the entire Agreement shall fail and be void and be of no further force and effect; provided, however, that the provisions of paragraph 5 of this Agreement shall remain in effect . (e) Waiver, Modification, Termination and Amendment - No provision hereof may be waived unless in writing and signed by the CITY and SAN GORGONIO. Waiver of any one provision herein shall not be deemed to be a waiver of any other provisions herein. This Agreement may be modified, • 11 7478L 0 0 terminated, or amended at any time by mutual consent , but only • by a written agreement executed by the CITY and SAN GORGONIO . (f) Attorneys ' Fees - In any action to interpret or enforce any provision of this Agreement , the prevailing party shall be entitled to its reasonable attorneys ' fees . (g) Titles and Captions - Titles and catptions contained in this Agreement are inserted only as a matter of convenience and for reference and ir, n,) ,ray Jetine , limit , extend, or describe the scope of this Agrees •nt ' r + he intent of any provision herein. • (h) Governing Law - This Agreement shall be construed in accordance with the laws of the State rf California . ( i ) Execution - This Agreement may be executed in one or more counterparts , each of which shall be an original but all of which together shall be deemed to constitute a single document . (j ) Notices - Notices required to be given by the terms of this Agreement shall be given by personal service or by deposit of the same in the custody of the United States w 7478L • • Postal Service, postage prepaid, addressed to the party to be • served as follows : (1) CITY and the City Manager INDIVIDUAL City of Palm Springs PLAINTIFFS: 3200 Tahquitz-McCallum Way Palm Springs, CA 92262 (2) SAN GORGONIO: San Gorgonio Farms , Inc . 21515 Hawthorne Blvd. Suite 1059 Union Bank Tower Torrance, CA 90503 The parties hereto may designate alternate persons to receive notice on their behalf as necessary. Notices herein shall be deemed given as of the date of personal service or two (2) consecutive calendar days after deposit of the same in the custody of said Postal Service. • (k) Exhibits - All exhibits of this Agreement (with the exception of EXHIBIT G hereto) have been provided by SAN GORGONIO, who warrants that they are true and correct copies of said documents as of the date on which this Agreement is executed by SAN GORGONIO. IN WITNESS THEREOF, the parties have caused this Agreement to be executed on the dates indicated and their attorneys have indicated their approval as to form and w 13 7478L • • substance by their respective signatures in the appropriate spaces indicated below. DATE : THE CITY OF PALM SPRINGS By: Frank M. Bogert , Mayor Its Authorized Representative ATTEST: City Clerk of the City of Palm Springs THE INDIVIDUAL PLAINTIFFS : DATE : Frank M. Bogert DATE : Richard Smith DATE : William Foster DATE: Eli Birer DATE : Lloyd Maryanov • 14 7478L . • SETTLEMENT AGREEMENT PARTIES: The parties to this Agreement are (a) the CITY OF PALM SPRINGS ( "CITY" ) and FRANK M. BOGERT, RICHARD SMITH, WILLIAM FOSTER, ELI BIRER, and LLOYD MARYANOV (collectively the " INDIVIDUAL PLAINTIFFS" ) , who are plaintiffs in The City of Palm Springs , etc . , et al . v. Donald Paul Hodel , etc . , et al . , United States District Court , Central District of California , Civil Action No . 85-2114-WMB(Tx) ( "the Action" ) ; and (b) SAN GORGONIO FARMS, INC. ( "SAN GORGONIO" ) , a California corporation. PURPOSE• • The purpose of this Agreement is to achieve a full and complete settlement of those issues involved in and arising out of the Action that involve the acts of SAN GORGONIO, the challenge in the Action to the existing right-of-way grants or other entitlements described below, and the proposal to amend the grant described below. RIGHT-OF-WAY GRANT: This Agreement concerns Right-of-Way Grant, Serial No . CA-9755, for a wind energy development ( "Development" ) , • 7478L • • issued by the United States Department of the Interior, Bureau • of Land Management (collectively "BLM" ) to SAN GORGONIO as amended on or about October 28 , 1983 , the proposal to amend the Grant to include Phase III described below, and the activities of SAN GORGONIO thereunder . A copy of Right-of-Way Grant No . CA-9755 and the Right-of-Way Amendment (hereinafter collectively "Grant" ) are attached as EXHIBIT A hereto . The federal lands subject to the Grant and the proposal to amend the Grant are located in Section 12 , T3S R3E, S . B .B .M. The copy of the document attached as EXHIBIT B hereto contains the proposed revised plan of operations for Phases I and II of the Development . SAN GORGONIO ' s proposal to amend the Grant to include Phase III in the Development and the proposed plan of operations for Phase III are contained in the copy of the • proposed environment assessment attached as EXHIBIT C hereto . Copies of site plans that depict the current and proposed locations of the individual wind turbine generators ( "generators" ) for Phases I , II , and III of SAN GORGONIO ' s Development are attached hereto as EXHIBITS D, E, and F respectively. (Some locations depicted on the site plans as proposed will have become current locations by the effective date of this Agreement . ) • 2 7478L • • THE PARTIES AGREE AS FOLLOWS : • 1 . Mitigation Measures . SAN GORGONIO shall proceed expeditiously to implement the following mitigation measures : (a) It shall color and maintain the exposed surfaces of all existing and future generators (excluding blade surfaces) with a dull (i .e . , non-glossy) finish and color selected for compatibility with the surrounding environment ; provided, however, that it shall not be required to alter the existing color of the nacelles of the existing generators which do not have galvanized nacelles if a darker color would result • in a measurable worsening of existing generator motor overheating problems . When replacement blades are required for a generator, SAN GORGONIO will replace those blades with gray blades with a dull (i .e. , non-glossy) finish if such gray blades are available from a manufacturer at a cost no greater than five percent (50) in excess of the cost of replacement blades of a similar color and finish as those which are presently used; provided, however, that such dull gray blades shall not be required if such blades cannot be used in the desert environment without impairment of their aerodynamic function. • 3 7478L M 0 (b) SAN GORGONIO agrees that it will not install • generators of a height exceeding one hundred thirty ( 130) feet , measured from the ground to highest point of blade travel , as part of Phases I , II , and III unless it first shall request a further environmental assessment by the BLM, pursuant to paragraph 3 below; except that the parties agree that SAN GORGONIO has the right without the necessity of further environmental assessment to install generators of a height exceeding one hundred thirty (130) feet on the foundations in Phase I depicted as locations "A-9" and "A-12" on EXHIBIT "D" . The parties understand and agree that SAN GORGONIO will substitute and install generators of a height less than one hundred thirty feet in the general areas of sites previously approved for taller generators, and will do so without • preparing or requesting an environmental assessment . (c) The parties understand and agree that nothing in this Agreement shall require SAN GORGONIO to undertake mitigation measures in direct conflict with mitigation measures required by BLM and that nothing in this Agreement is intended to limit the ability of BLM to require SAN GORGONIO to undertake different or additional mitigation measures . • 4 7478L • • 2 . Notice to CITY of Changes in the Development . • SAN GORGONIO shall provide the CITY with copies of all documents filed with BLM, including, but not limited to, any proposed amendments to the Grant , proposed changes in the plan of operations , or any proposal for substantial changes in the Development . These copies shall be provided to the CITY at the time they are submitted to BLM. Provided, however, that copies of any documents containing information considered proprietary or confidential by SAN GORGONIO need not be provided to the CITY; but SAN GORGONIO, at the time any such document is filed with BLM, shall provide the CITY with a brief description of such document . • 3 . Further Environmental Assessment . SAN GORGONIO agrees that in the event it proposes to make any substantial change to the plan of operations of the Development that requires BLM approval , including , but not limited to , enlargement of acres disturbed; increase in numbers of generators ; or changes in the type, size, or capacity of generators , SAN GORGONIO will request in writing that BLM prepare an environmental assessment and such further environmental review as may be required under the National Environmental Policy Act ( "NEPA" ) . SAN GORGONIO shall also offer to pay all costs of preparing said environmental review. • 5 7478L • • SAN GORGONIO shall provide the CITY with copies of said request • and all other environmental review documents filed with BLM. These copies shall be filed with the CITY at the same time they are submitted to BLM. 4 . Community Monitoring Program. SAN GORGONIO agrees to participate in Riverside County Wind Implementation Monitoring Program ( "WIMP" ) . Such participation shall include, but not be limited to, a contribution of $1 . 15 per rated kilowatt of power of the Development ; providing site access and unprivileged information to authorized representatives of WIMP upon reasonable notice; and assistance in compiling reports relative to the • construction and operation of the Development and its environmental impacts . Said contribution shall be paid to Riverside County as each Phase of construction on the Development is complete; provided, however, that no contribution shall be required for any future phase of construction other than Phase I , Phase II , and Phase III or for any Phase which is completed more than five (5) years from the effective date of this Agreement . SAN GORGONIO shall provide CITY with notice of each payment at the time it is tendered. • 6 7478L • • 5 . Dismissal from Action and Waiver of Claims . • ( a) The Parties hereto will , promptly after execution of this Agreement, file a joint stipulation for a dismissal of SAN GORGONIO from the Action with prejudice, including a dismissal of SAN GORGONIO' S counterclaims . A copy of said Stipulation is attached hereto as EXHIBIT G. (b) For and in consideration of this Agreement and said filing of said Stipulation for dismissal with prejudice: (1) SAN GORGONIO agrees to and does hereby forever discharge CITY, its appointed and elected officials , • officers , agents, and employees and the INDIVIDUAL PLAINTIFFS from any and all claims, actions , causes of action, demands , rights , damages, costs , expenses , requests for attorneys ' fees , and compensation whatsoever , known and unknown, arising prior to the effective date of this Agreement related to the matters set forth in the Action or which SAN GORGONIO may have now or which may hereafter accrue on account of or in any way growing out of any and all known and unknown, foreseen and unforeseen damage and the consequences thereof resulting from the commencement and maintenance until the effective date of this Agreement of the Action. • 7 7478L • • (2) The CITY and INDIVIDUAL PLAINTIFFS agree • to forever discharge SAN GORGONIO and its respective officers , directors, partners , employees, and agents from any and all claims , actions , causes of action, demands , rights , damages , costs , expenses, requests for attorneys ' fees , and compensation whatever, known and unknown, arising prior to the effective date of this Agreement related to matters set forth in the Action or resulting from the filing of counterclaims . (3) It is further understood and agreed that all rights under Section 1542 of the Civil Code of California and any similar law of any state or territory of the United States are expressly waived. Said section reads as follows : • "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor . " (c) Nothing contained in subparagraphs (b) ( 1) , (2) , or (3) shall operate as a release of obligations set forth in this Agreement . 8 7478L • • (d) The parties understand and agree that as to • any additional development proposed during the life of the Grant plus any extension thereto upon the federal lands described above and as to any changes that may be proposed with regard to Phases I , III , and III , any objections by the CITY and the INDIVIDUAL PLAINTIFFS will not be raised in the Action, but will be addressed to BLM as a part of BLM' s normal review process . (e) As to Phases I , 11 , and III of the Development as currently proposed (see EXHIBITS D, E, and F respectively) plus any changes made thereto in order to accommodate situations that may arise during development or to accommodate demands by BLM or requests by the CITY, it is • understood and agreed by the parties that , other than the obligations set forth in this Agreement , the CITY and the INDIVIDUAL PLAINTIFFS shall not seek to require SAN GORGONIO to modify these Phases of the Development . Further, the CITY and the INDIVIDUAL PLAINTIFFS waive any right to comment on or to challenge Phases I , I1 , and III , specifically including but not limited to any right to comment on the environmental assessment for Phase III or to demand a thirty day review period thereof and any right to challenge the validity of the Grant or NEPA Compliance with respect to the Grant as to any activities occurring before the effective date of this Agreement and as to Phases I , II , and III as currently proposed. Further, without • 9 7478L • • limiting the generality of the foregoing, the parties • understand and agree that this Agreement precludes the CITY and the INDIVIDUAL PLAINTIFFS from seeking or obtaining any judicial relief against the BLM or from entering into a settlement agreement with the BLM that would require any changes in Phases I , II , and III as currently proposed and modified by the obligations set forth in this Agreement . Nothing in this paragraph, however, shall be construed as preventing or estopping CITY and the INDIVIDUAL PLAINTIFFS from urging BLM by means other than a lawsuit to exercise any right or authority which BLM may have to cause changes to be made in the Development . 6 . Effective Date. • This Agreement shall become effective upon the date of Court approval of the stipulation referred to in Paragraph 5 . 7 . Miscellaneous . (a) Successors - This Agreement is binding upon and shall inure to the benefit of the parties hereto and each party' s respective successors , grantees , sublessees , assigns , heirs , and personal representatives . • 10 7478L • • (b) Knowledge and Consent of Parties - The • parties to this Agreement have read and understand this Agreement . The parties to this Agreement mutually warrant and represent that this Agreement is executed voluntarily and without duress or undue influence on the part or on behalf of any party hereto . (c) Entire Agreement - This Agreement contains the sole and entire agreement and understanding of the parties with respect to the subject matter hereof . No representations oral or otherwise, express or implied, other than those contained herein, have been made by any party hereto . (d) Terms Mutually Dependant - The terms and • provisions of this Agreement are mutually dependent on one another and are not severable . If any provision of this Agreement is declared to be invalid for any reason, then the entire Agreement shall fail and be void and be of no further force and effect; provided, however , that the provisions of paragraph 5 of this Agreement shall remain in effect . (e) Waiver, Modification, Termination and Amendment - No provision hereof may be waived unless in writing and signed by the CITY and SAN GORGONIO. Waiver of any one provision herein shall not be deemed to be a waiver of any other provisions herein. This Agreement may be modified, • 11 7478L 0 • terminated, or amended at any time by mutual consent , but only • by a written agreement executed by the CITY and SAN GORGONIO. (f) Attorneys ' Fees - In any action to interpret or enforce any provision of this Agreement , the prevailing party shall be entitled to its reasonable attorneys ' fees . (g) Titles and Captions - Titles and captions contained in this Agreement are inserted only as a matter of convenience and for reference and in no way define, limit , extend, or describe the scope of this Agreement or the intent of any provision herein . (h) Governing Law - This Agreement shall be • construed in accordance with the laws of the State of California . (i) Execution - This Agreement may be executed in one or more counterparts , each of which shall be an original but all of which together shall be deemed to constitute a single document . (j ) Notices - Notices required to be given by the terms of this Agreement shall be given by personal service or by deposit of the same in the custody of the United States • 12 7478L 0 • Postal Service, postage prepaid, addressed to the party to be tol served as follows : (1) CITY and the City Manager INDIVIDUAL City of Palm Springs PLAINTIFFS : 3200 Tahquitz-McCallum Way Palm Springs, CA 92262 (2 ) SAN GORGONIO: San Gorgonio Farms , Inc . 21515 Hawthorne Blvd. Suite 1059 Union Bank Tower Torrance, CA 90503 The parties hereto may designate alternate persons to receive notice on their behalf as necessary. Notices herein shall be deemed given as of the date of personal service or two (2) consecutive calendar days after deposit of the same in the custody of said Postal Service . (k) Exhibits - All exhibits of this Agreement (with the exception of EXHIBIT G hereto) have been provided by SAN GORGONIO, who warrants that they are true and correct copies of said documents as of the date on which this Agreement is executed by SAN GORGONIO. IN WITNESS THEREOF, the parties have caused this Agreement to be executed on the dates indicated and their attorneys have indicated their approval as to form and 13 7478L • • substance by their respective signatures in the appropriate spaces indicated below. DATE. �� ��" w�, �'�9_ THE CITY OF PALM SPRINGS U By: Frank M. ert , Mayor Its Authorize Representative ATTEST-:- City. Clerk of the City of Palm Springs THE INDIVIDUAL PLAINTIFFS : . DATE: Frank M. Bog DATE: Richard Smith DATE: Willi ster, DATE: Eli B'irer DATE: Lloyd Maryanov • 14 7478L • 0 DATE: / SAN GORGONIO FARMS, INC. gs By: G� '✓��G', J ,r �c1 C fCt`.�ti4.��, William W. Adams Its President APPROVED AS TO FORM: William J. Adams City Attorney for the City of Palm Springs and Attorney for Frank M. Bogert , Richard Smith, William Foster, Eli Birer, and Lloyd Maryanov FINLEY, KUMBLE, fWAGNER, HEINE, UNDERBER(j----,MAN12EY &�G,ASEY Att r""ne�-Y:`" fox' SIN GORGONIO V, CLOSED SESSION Reported 9-18-85 04 15 7478L 0 DATE : SAN GORGONIO FARMS, INC. • By: William W. Adams Its President APPROVED AS TO FORM: William J. Adams City Atto ney for the City of/f/' alm Springs and Attorney for Frank M. Bogert , Richard Smith, William Foster, Eli Birer, and Lloyd Maryanov FINLEY, KUMBLE, WAGNER, HEINE, UNDERBERG, MANLEY & CASEY • By: Attorneys for SAN GORGONIO • 15 , Mt rr i • United States Department of the Interior • BUREAU OF LAND MANAGEMENT California Desert District 1695 Spruce Street +� Riverside, California 92507 CA-9755 (C-066.21) DECISION RIGHT-OF-WAY AMENDMENT APPROVED Details of Decision San Gorgonio Farms, Inc., was assigned Right-df-Way Grant CA-9755 on September 30, 1983. The Holder submitted an application on October 26, 1983 to amend the grant. The grant is hereby amended as follows: 1. Section A.2. is amended to read: 'To use, subject to terms and conditions set out below, a portion of the following described public land:" S1/2 SE1/4 NE1/4, N1/2 SW1/4, SE1/4, Section 12, T. 3 S. , R. 3 E. , S.B.B.M. 2. The last sentence of the first paragraph of Section A.3. now reads: "The area of this right-of-way grant is 105 acres more or less." 3. Section 8.7.(a) now reads: 'The Holder shall pay to the United States an annual rental payable in advance. The Holder shall make each annual rental payment on or before the next anniversary of the effective date of this grant. The annual rental payment is calculated' to be: 15.5 acres @ $1260.00/acre = S19,530 00 89.5 acres @ $ 57.60/acre = S 5,155.20 The total rental payment shall be in the amount of $24,685.20. 4. The parcel map, Exhibit B, has been modified to show the new right-of-way boundaries. The map is attached to this document. YrC g3 • Dab T sera Hillier District Manager Authorized Officer EXHIBIT. CA-97 EXHIBIT B Parcel Map - Whitewater Hill Ali =MEN IN IN ■0 IN IN ■ 6 IN IN IN IN ■■ W� ■■■nl� ■■■ ■ ■ � so ■ ■ ■■■ !■■■ 1400 . U ■ IN IN o ■ ■ 3 t � \� IN IN �4 ■ ■— dtameter \\ IN ■ •� ■ ■ �14 g0 u �i ■i i■■ i ns ■ MEN 11 �// � ■ / 56u 00■■■■ on � i!■■■■■��!■■ ■■I _mot : 1.5 tkma rots / 1 l� T.3.S., R.3E., SBBM • Section 12 m m I - parcel boundary '■■ = public land boundary ",.HIBIT Form 1s10-7 UNITED STA Issuing Offtee• (Decmber'M) DEPARTMENT OF THE INTERIOR California Desert District BUREAU OF LAND MANAGEMENT California Contract or Rlght-cf-try number NOTICE TO PROCEED 10 4 83 I CA-9755 Contract or Rlght�&Wy name CerNped(Realsrered Mail; Refum Receipt Re"sred Whi tewater Hill Wind Energy R/W • Mr. Bill Adams • San Gorgonio Farms, Inc. , 29000 S. Western Ave. , Suite 406 NOTICE San Pedro, California 90732 Use Certified or Registered man, or hand deliver. Bend or give original teCantrector orRlght. &Wy Grantee. Distribute other copies as indicated titer receipt date. s 7 You are hereby notified to proceed with work coveted by the above-referenced contract. Performance time allowed in the eaitract will begin en the day following the date you receive this notice, as shown on the postal mail return receipt or by your sipiature below, if delivered in person. Leslie M. Cone , is desiptated as Project Inspector for the Contract or Compliance Officer for Right-of-Way GranL t Construction is limited to the 15.5 acres that is under authorization in right-of-way grant CA-9755. s (Contracting Offieeea Authorised RepresentatIve) BLM REPRESENTATIVE COMPLETES WHEN NOTICE IS DELIVERED BY MAIL Notice to Proceed received on the day of - 19 CONTRACTOR'S OR RIGHT-OF-WAY GRANTEE'S ACKNOWLEDGMENT WHEN NOTICE IS DELIVERED IN PERSON (>lara) (Signature of Recipient) (Name and Title) (Firm News) EXHI B IT R OIL _RIGHT-OF-WAY GRANTEE Serial No. CA - 9755 UNITED STATES • DEPARTMENT OF THE INTERIOR BUREAU OF LAND MANAGEMENT CALIFORNIA DESERT DISTRICT 1695 Spruce Street Riverside, California 92507 i RIGHT-OF-WAY GRANT Section A. 1. There is hereby granted, pursuant to Title V of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1761), a nonexclusive nonpossessory right-of-way to: SAN GORGONIO FARMS, INCORPORATED 29000 S. Western Avenue, Suite A06 San Pedro, California 94111 In case of change of address the Holder shall immediately notify the Authorized Officer. 2. To use, subject to terms and conditions set out below, a portion of the following described public land: S1/2 NE1/4, N1/2 S1/2, Section 12 T. 3S. , R. 3E. , SBBM. 3. Description of the right-of-way facility and purpose: The right-of-way is for the construction reconstruct ion,operation, and maintenance of Wind Turbine Electric Generators (hereinafter referred to as WiG), electric transmission lines, access roads within the right-of-way boundary, and ancillary facilities. The right-of-way will be used to develop, produce, utilize, and sell electricity generated from wind energy. The area of this right-of- way grant is 15.5 acres more or less. . A map showing the location of the right-of-way is enclosed hereto as Exhibit "B" and is titled "Whitewater Hill ." FXHIBIT�, Section 8. . 1. The right-of-way Holder agrees to comply with all the applicable regulations contained in 43 CFR 2800. 2. If the right-of-way Holder violates any of the terms and conditions to this grant, the Authorized Officer, after giving written notice may declare the grant terminated. 3. This grant is subject to all valid rights existing on the effective date of this grant. 4. There is reserved to the Authorized Officer, the right to grant additional rights-of-way or permits for compatible use on, over, under or adjacent to the land involved in this grant. Holder will be notified and have an opportunity to comment on any grants or authorizations to third parties to use the land covered by this grant. 5. The right-of-way shall be relinquished to the United States if the Holder determines that the authorized uses are no longer needed. 6. All other terms and conditions. Compliance will be in accordance with the terms and conditions as specified hertin and in Exhibit "A" enclosed hereto and made a part hereof. 7. Rental (a) The Holder shall pay to the United States an annual rental payable in advance. The Holder shall make each annual rental payment on or before the next anniversary of the effective date of this grant. The annual rental payment shall be in the amount of $19,530.00. (b) In addition, the Holder shall pay the United States a royalty of two (2) -percent of the annual gross revenues received from the sale of electrical energy produced from the wind resources, if the annual rental payment is less than this royalty. The difference in the amount of rental and royalty shall be due and payable annually on or before the 45th day after each anniver- sary of the effective date of this grant. The Holder shall make available to the Authorized Officer the accounting docu- ments relative to operations under this grant in order that the royalty payment may be calculated or verified. The Holder shall submit to the Authorized Officer the annual electrical production reports relative to operations under this grant. 2 EXHIBIT, • Portions of such data may be designated by the Holder as proprie- tary, and the Authorized Office will only release that data to the public if required by the Freedom of Information Act. 8. Duration of this Grant This right-of-way grant is renewable and shall be for a term of thirty (30) years from the effective date of this grant, and is renewable in terms acceptable to the Holder and the United States. 9. Right of Access to the United States The United States reserves and shall have a continuing right of access to any part of the lands that are subject to the right-of-way, and a continuing right of physical entry to any part of the right-of- way, for inspection or monitoring. purposes and for any other purpose or reason that is reasonably consistent with any right or obligation of the United States under any law, regulation, grant, or other authorization relating in whole or in part to all or any part of the system. Any action by the United States shall not compromise or interfere with the construction, operation or maintenance of the wind energy system. 10. Site Protection The Holder has the right to employ those measures that it deems necessary to protect the security of the system as approved by the Authorized Officer,- including related facilities, and may request that any individual who purports to act on behalf of the United States, pursuant to subsection 9, of this section, furnish it with written authorization from the Authorized Officer. 11. Suspension The Authorized Officer at any time may issue a written decision suspending any construction or maintenance activity of Holder in connection with the project which, in the judgment of the Authorized Officer, immediately threatens serious or irreparable harm to life, property, or the environment. In the event the Authorized Officer determines that Holder has failed or refused to comply with any provisions of this grant or any permit issued in connection with the project, and after due notice including a reasonable time to rectify the problem, the Authorized Officer may issue a written decision suspending any or all of Holder's construction activities under said grant and permits. The Holder shall not resume such suspended activities until given written authorization to do so by the Authorized Officer. Any dispute arising under this grant shall be decided by the Authorized Officer. • 3 EXHIBIT.. 12. Termination In the case of non-compliance by the Holder, with the terms and conditions of this right-of-way grant, the Holder will be required to comply within thirty (30) days from the notice of non-compliance. The Authorized Officer will have option, at the end of thirty days, to terminate this right-of-way grant if the Holder has not complied. 13. Assignment The Holder may after obtaining written consent of the Authorized Officer, assign in whole or in part any right, title, or interest in this right-of-way. The assignee shall be bound by the terms and conditions of this grant and to the construction schedule as specified in the plan of operations. Section C. , The effective date of this right-of-way grant is the date of execution by the Authorized Officer. The undersigned agrees to The right-of-way grant the terms and conditions is executed this 31st day of this right-of-way grant: of March 1983. s -- (Name) Authorized Officer '1(ri t e e ate • 4 EXHIBIT • EXHIBIT A Terms and Conditions of Grant 1. Health and Safety The Holder shall comply with the applicable Federal and State laws and regulations concerning the use of pesticides ( i .e. , insecticides, herbicides, fungicides, rodenticides, and other similar substances) in all activities/operations under this Grant. The Holder shall obtain from the Authorized Officer approval of a written plan prior to the use of such substances. The plan must provide the type and quantity of material to be used; the pest, insect, fungus, etc., to be controlled; the method of application; the location of or storage and disposal of containers; and other informatiod that the Authorized Officer may require. The plan should be submitted no later than December 1 of any fiscal year (i.e., December 1, 1983, deadline for fiscal year 1985 action). If need for emergency use of pesticides is identified, the use must be approved by the Authorized Oficer. The use of substances on or near the right-of-way shall be in accordance with the approved plan. A pesticide shall not be used if the Secretary of the Interior has prohibited its use. A pesticide shall be used, only in accordance • with its registered uses and within other limitations if the Secretary has imposed limitations. Pesticides shall not be permanently stored on public lands authorized for use under this Grant. 2. Liability Holder shall be fully liable to the United States for any damage or injury incurred by the United States in connection with the use and occupancy of the right-of-way by the Holder. Holder shall be held liable for any activity within a right-of-way or permit area which the Authorized Officer determines presents a foreseeable hazard or risk of damage or injury to the United States. The Holder or its subcontractors will be held liable as a result of injury, loss of life or damage or injury to the United States. The Holder or its subcontractors will be held liable as a result of injury, loss of life or damage to property in connection with construc- tion, operation, maintenance, or termination of right-of-way grant. Strict liability is not imposed for damage or injury resulting primarily from an act of war or the negligence of the United States. To the extent consis- tent with other laws, strict liability shall extend to costs incurred by the United States for control and abatement of conditions, such as fire or oil spills, which threaten lives, property, or the environment, regard- less of whether the threat occurs on areas that are under Federal jurisdic- tion. The maximum limitation shall not exceed $1,000,000 for any one • event, and any liability in excess of such amount shall be determined by the ordinary rules of negligence of the jurisdiction in which the damage or injury occurred. 5 EXHIBIT In any case where strict liability is imposed and the damage or injury was caused by a third party, the rules of subrogation shall apply in accor- dance with the laws of the jurisdiction in which the damage or injury occurred. Holder shall be fully liable for injuries or damages to third parties resulting from Holder's activities or facilities on lands under Federal Jurisdiction in which the damage or injury ocurred. 3. Cost Reimbursement To the extent lawfully required pursuant to the authority to 43 U.S.C. Section 1734(b) and Section 1764(g), (1976) the Holder shall reimburse the United States for all reasonable administrative costs exclusive of manage- ment overhead, and other cost heretofore or hereafter incurred directly or indirectly by the United States for: (1) processing applications filed by the Holder in accordance with the system; and (2) monitoring the construc- tion, operation, maintenance, and termination of all or any part of the system. The Holder shall hereafter pay in advance to the United States such sums as the Authorized Officer shall determine are required to reimburse the United States for the cost incurred or to be incurred by the United States subse- quent to grant issuance. Shortfall of estimated quarterly costs will be billed to the Holder and excess deposits will be credited against the next quarterly advance deposit. Failure of the Holder to pay advance deposits will result in suspension of activities by the Authorized Officer when current deposits are exhausted. Periodic statements of actual costs will be furnished to the Holder. 4. Civil Rights The Holder agrees not to exclude any person from participating in employ- ment or procurement activity connected with this grant on the grounds of race, creed, color, national origin, and sex, and to ensure against such exclusions, the Holder further agrees to develop and submit to the proper reviewing official specific goals and timetables with respect to minority and female participation in employment and procurement activity connected in this grant. The Holder will take affirmative action to utilize business enterprises owned and controlled by minorities or women in its procurement practices connected with this grant. Affirmative action will be taken by the Holder to assure all minorities or women applicants full consideration of all employment opportunities connected with this grant. The Holder also agrees to post in conspicuous places on its premises which are available to contractors, subcontractors, employees, and other interested individuals notices which set forth equal opportunity terms; and to notify interested individuals, such as bidders, contractors, purchasers, and labor unions or • representatives of workers with whom it has collective bargaining agree- ments, of the Holder's equal opportunity obligations. 6 EXHIBIT. ! i 5. Modification During the preconstruction and construction periods, the Authorized Officer may require Holder to make such modifications of the system as he deems necessary without liability or expense to the United States to protect or maintain stability of the environment and the public interest. If, at any time, the Holder wishes to significantly modify any portion of the right-of-way hereby granted, or any of the improvement thereon, prior written approval of the Authorized Officer must be obtained. No such approval shall be given unless the request is fully justified by Holder and is authorized by law. Where necessary, Holder shall make application under appropriate regulations. r Holder shall consult with the Authorized Officer 72 hours in advance on any need to modify or deviate from the approved Plan of Operations. 6. Liaison Holder shall designate a representative for field operations who shall be the sole field representative of Holder and Holder's contractors in dealings with the Authorized Officer; said representative shall be empowered on behalf of the Holder and Holder's contractors, subcontractors, and agents to communicate with the Authorized Officer and to receive and comply with all communications and decisions of the Authorized Officer. The Authorized Officer shall be notified of any changes in the named representative. a 7. Removal of Property on Termination or Expiration of Grant No removal of structures, machinery, equipment and materials may be initi- ated without receiving written approval for site reclamation from the Authorized Offier. After the Holder receives approval for site reclamation, the Holder has six months thereafter to remove from the granted lands, all structures, machi- nery, equipment, and materials, in accordance with applicable regulations and orders of the Authorized Offier. Any structures, machinery, equipment, tools, appliances, and materials, subject to removal by the Holder, as provided above, which are allowed to remain on the granted lands shall become the property of the Authorized Officer on expiration of the six-month period or any extension of that period which may be granted by the Authorized Officer. If the Authorized Officer directs the Holder to remove such property, the Holder shall do so at its own expense, or if it fails to do so within a reasonable period, the Authorized Officer may do so at the Holder's expense. If no site reclamation plan is submitted to the Authorized Officer within 30 days, or any extension of that period which may be granted by the • Authorized Officer, from the date of termination or expiration of the grant, all structures, machinery, equipment, tools, appliances or materials located on the right-of-way shall become the property of the United States. EAo [ �' Amma 8. Plan of Operations The Holder will comply with construction schedules and other provisions of the approved plan of operations for the subject lands. 9. Construction Requirements a. The Holder shall protect existing telephone, telegraph, and trans- mission lines roads trails fences ditches, and like improvements wring construction, opera ion, maintenance, and termination of the , system. The Holder shall not obstruct any road or trail without the prior approval of the Authorized .Officer. Damage caused by the Holder to public utilities and improvements shall be promptly repaired by the Holder to a condition which is satisfactory to the Authorized Officer. b. Public land areas used for temporary access roads, equipment storage, and other construction activities shall be restored by the Holder to the satisfaction of the Authorized Officer. c. The Holder shall not blade _existing roads unless approved by the Authorized Officer. d. Where access roads cross an existing gas pipeline, the Holder shall provide additional surface material to maintain at feast five (5) feet of cover or requirements as specified by the owner. e. The Holder shall survey and temporarily mark the exterior limits of the rights-of-way during constructin in a manner that shall not result in additional environmental damage. 10. Air Quality and Noise a. Dust control measures, such as daily watering, shalt be implemented on road-disturbed areas within one (1) mile of populated areas, during periods of heavy vehicular traffic, and in areas identified as powdery soil conditions. b. Equipment repair areas and construction yards to be located on public lands will be at least one-quarter mile from the nearest residence or business to reduce impact on local residents. c. The Holder shall limit construction to daylight hours unless other- wise stated by the Authorized Officer. d. No WiG, or combination of WTGs shall be operated so that the noise created exceeds the noise element standard in the Riverside County General Plan. Noise levels will also be monitored as described in 14c below. 8 EXHIBIT.. • 11. Soils a. Access roads shall be properly built in flood prone and flash flood areas to avoid erosion and gullying. b. Excess soil from pad construction shall be used as fill for roads or removed to a suitable dump site. Under no condition shall this material be disposed of at locations which could interfere with natural drainage channels. 12. Vegetation a. Natural vegetation shall be cleared or trimmed only when necessary to provide suitable access for construction, operation and maintenance of the system. b. Where vegetation needs to be cleared for construction but not actual operations, it shall be clipped at ground level to allow resprouting. 13. Wildlife • The Holder shall meet all the requirements contained in Suggested Practices for Ra for Protection on Power Lines. Prior to construction, TR—RoTdir snall provide the Author!zie icer with drawings which show phase spacing, configurations, and grounding practices for this power distribution line. The Holder shall modify any structures not in conformance with Suggested Practices for Raptor Protection on Power Lines as determined by the Authorized Officer. 14. Land Use and Ownership a. No WTG shall be located such that the center of the tower is within a distance of one and one-half (1-1/2) times the rotor diameter from the north and south roperty lines and three (3) rotor diameters from (VAAL LMT V w4rar AuAw f �iMa. //ff (,uc%{ b. Notwithstanding the provisions of �5a above, the wind access set- back(s) shall not apply if The Plan of Operations is submitted with a legally enforceable agreement for the life of the right-of-way that the adjacent landowner agrees to the elimination of the wind access setback(s) and will not develop his land in such a way to decrease wind velocities or increase wind turbulence at the location of the proposed WTG siting. c. No WTG shall be located within 1 .25 times the total wind turbine height from public highways, railroads, buildings, transmission lines (66 KV and above), other structures, and developed springs. • 9 EXHIBIT - - d. No WTG shall be located such that a transmitted microwave signal is directly impeded by a WTG. or is within twite the-beam--wtdth a the tenna. U �• e. The Holder shall take all necessary precautions to prevent television interference when siting WTGs. In those cases where a WTG is sited in the direct path between the receiver and television station and normal mitigation is ineffective, the Holder shall (1) pay initial hook-up fees for resident cable TV or, (2) install a TV translator, as ap- proved by the Authorized Officer. f. The Holder shall take all necessary precautions to prevent interference to radio communications. In those cases where WTG siting results in the interference of radio communication in critical areas, the Holder shall move the WTG from the path of the transmiting station and/or require the use of nonmetallic blades, as approved by the Authorized Officer. g. Permittees and other regular users of public lands affected by the construction and operation of the wind energy system shall be notified in advance of any construction activity that may affect their use of the public lands. The Authorized Officer shall furnish Holder with names and addresses of permittees, grantees and claimants of the subject area. h. Any water used with the approval of the Authorized Officer shall be only for the specific purpose and duration described in the approved Plan of Operations. • 15. Visual Resources a. All surfaces of structures and conductors shall be of matte or galva- nize. If paint or concrete is used, it shall be of a dull surface and w of colors complimentary to the surrounding landscape, except wheXV.A. 4J=(. human safety considerations dictate otherwise, or performance is adversfely affected or other good cause is shown to permit any oilier finish. b. Holder shall ensure that no paint or permanent discoloring agents are applied to rocks or vegetation for indicating survey or construction activity limits, points, etc. c. Cut and fill slopes shall be shaped to existing land contours where possible. All natural drainages shall be preserved. All clearings of construction areas shall be free form and shall respond to the existing forms and shapes in the area (i.e., use of curvilinear shapes rather than rectilinear). Temporary sites shall be kept as small as possible and shall be located in areas of minimum vegetation and slope where possible. . 10 EXHIBIT 16. Cultural Resources a. Should evidence of previously undiscovered archaeological, historical, or paleontological materials be exposed by ground disturbance during construction, the Holder shall suspend construction activities in the immediate area, leave the materials intact, and notify the Authorized Officer immediately. The Authorized Officer shall engage a qualified professional to inspect and evalute the discovery within ten (10) working days. Avoidance measures, monitoring by the qualified professional , or salvage operation, if judged necessary by the Authorized Officer, shall be implemented by the Holder and shall be completed and approved by the Authorized Officer prior to resuming construction in the area. The responsibility for, and the cost of, such avoidance, monitoring, or salvage operation shall be that of the Holder. b. Collection or disturbance of artifacts and other archaeological , historical, and paleontological materials on or off the right-of-way by the Holder, his representatives or employees shall not be allowed, except as provided for in the Archaeological Resources Protection Act of 1979, and after consultation with the Authorized Officer. Offen- ders shall be subject to prosecution under the appropriate State and Federal laws. 17. General Requirements a. The Holder acknowledges and agrees that the grant of' this right-of- way shall be subject to the express condition that the exercise thereof will not unduly interfere with the management, administration, or disposal by the United States of the lands affected thereby, and that the Holder agrees and consents to the occupancy and use by the United States, its holders, permittees, or lessees of any part of the right-of-way not actually occupied or required by the project, or the full and safe utilization thereof, for necessary operations incident to such management, administration, or disposal . b. The Holder shall make separate application, under applicable statutes and regulations, for additional authorizations to use or occupy public lands or natural resources thereon (including, but not limited to sand and gravel), in connection with the system. • 11 EXHIBIT. ■ IF I I 1pMEN do O If b l I r � I _ 3 i� ■■■r■■� I I I �� m X � I i I,=■ • �� W no son EEN � , S 1 I ■■■■ i i �r ix a■■ ■■n- ■■■■■■i I fir. a �1■■ ■ ■� I •�iy r e b ao ■ � I■ � ' on a n S i' .. ", :, ^1.�' M:;.;w.. '•i�Y:::h" 'r1:lYsµ r1.I M :.l SAN GORGONIO FARMS WIND PARR ENVIRONMENTAL ASSESSMENT July, 1985 OPERATIONAL PLAN REVISED August, 1985 • • EXHIBIT • LIST OF FIGURES Fissure No. Title Page 1 Vicinity Map 2 2 Site Plan 3 3 Construction Schedule 4 4 Spread Footing Foundation and Anchor Pads 14 5 Service Road Detail 16 • EXHIBIT TABLE OF CONTENTS Title Page I. INTRODUCTION 1 II. Proposed Action and Alternative 6 A. Proposed Action 6 B. Alternative 8 III. Constructive Operations and Maintenance Plan 8 A. Wind Turbine Generator 8 B. Control Shop and Warehouse Facilities 12 C. Meterological Towers 12 D. Security of Facilities & Equipment 12 E. Site Preparation & Foundation Installation 12 F. Installation of WTG 12 G. Access Road Construction 17 • H. Installation of Power Collection and Transmission Line System 17 I . Other Construction, Operations and Maintenance Plan Considerations 17 • EXHIBIT . LIST OF TABLES Table No. Title Page 1 Technical Proposal Summary Sheet 5 2 Projected Revenue and Projected Cost 7 3 Construction Equipment and Personnel 9 4 Wind Turbine Specifications 11 5 Wind Park Land Utilization Summary—Carter 25 13 6. Wind Park Land Utilization Summary—Danish 15 • EXHIBIT /3 I . INTRODUCTION • A right—of—way grant on Whitewater Hill covering the southern half of Section 12 (T.35, R. 3E, SMB/BLM) was originally given to Southern California Edison Company (SCE) for the development of wind energy resources. The grant authorized construction and operation of 95 wind turbine generators (WTG) on public land on Whitewater Hill, Section 12, T.3S. , R. 3E. , SBBM. The authorization was for development on the northern half of the grant. The original proposal was one of several analyzed in the San Gorgonio Pass Wind Energy Project EIS and later authorized by the State Bureau of Land Management (BLM) Director on July 6, 1982. San Gorgonio Farms (SGF) wishes to amend the existing authorization, shifting the primary site of development from the northern to the southern portion of the grant and altering the number of WTGs currently authorized. If approved, the amended grant would allow 70 WTGs on approximately 35 acres of public land located on portions of Section 12 T. 3S, R. 3E. , SBBM. It was determined by the BLM that the proposed operations deviated enough from the original authorization to warrant preparing an environmental assessment. This environmental assessment will analyze the effects of the proposed development on the existing environment. • A. LOCATION Section 12 is located near Painted Hills approximately six miles northeast of downtown Palm Springs and seven miles southeast of Desert Hot Springs (see Figure 1) . Elevations range from about 1, 300 feet along Whitewater Cutoff in the west area of the section to over 1, 700 feet in the north area. The project area has been traditionally regarded as a very windy area by the local residents. According to the Wind Energy Assessment of Palm Springs — Whitewater Area by Aerovironment, the project area exhibits a good potential for windfarm development ased on an average power density distribution of 600 watts/m throughout 1979. B. PROJECT PHASING AND IMPLEMENTATION The Whitewater Hill—Section 12 Wind Park Phase I (see Figure 2) was constructed over a 18—month period commencing in November (see Figure 3) . Phase I consisted of 94 foundations with 83 WTGs which were operational by December 31, 1984 (see Table 1 ) . Phase II began in May, 1985. —1— EXHIBIT NO SCALE a I s a PAINTED HILLS P 1 J I W"IT.EIrA`Tla ' : '.4 TwTr ID laW ....:::.ti::.:Y�4:h�•w{. 1 l w. •<:AREA;;:: t• r N YICINITYMAP FIGURE —2— EXHIBIT �6 .0 r ' .66 / .0 �6' D 3 �I I `y I KRUSE MICROWA ATN E_I�� 3L I ` 2 RIVERSI UNTY -MI`CC VE . H _:N) 4— 100 WID ,I I II • E•3 I I F1 •'F I \ 1 AS-"CO. MICR F•2A \ I E-5 11 Cj• II - 3I \ Ip d p `� I I O F • F'S . \ II7��•pOE•7 2 II C' O - E-10 E 9 i J= ---F.7 ` I % G,Z - _ _ IIT � F'8 .0170 �'J'-E.II ( 4: F.13 T =cz�- >�\ © • F•11 �'II"'%,E-14` G 6 lF•12 I(I►✓ •E 15 I \ 11 1 4G7 G 6 � E•16 II �� III •+E•17 G�9f F 15 `SIN\,5 E 18 F•16 F•17 a....��0 20 0 F�18 0 "IIQ' •E•21 F 19 II E•22 - O F 20 I I E•23 \\ . \ \\�.QF•21 � OE24 E 27 �i E•28 E•29 a Q •E \ I E.31 IOE•32 \l \I1T E HIB t o � � ��� C 3 11: ��[� •68u 8 e�ro/er Hi// 1 •C-s �.o j.�>� C•8 �. I I Ql3 - - �� ANT NA 4 - •A GRANT TO- I( ^\I itIVERSIDE CO. li 16 •17— _ _ �srn 0 0'I • C•12 .�� ANTE IN 18. .; s — ELEV J19 .311B1 14O E I , , •8 . - !: 11'•, C /.a_ Sao• / ANTEN 4) ITV 9 3� ELEV. = 17 1 0-10 I 0 -11 •141 ANT A EV,=1 5 — II - @D 13 p•la{ �r �•� \ n-ssv,00v D16 ,• __44 1� Q OD•17 •B•T � A`IIOD•19D•18 r�. i Ib89 A QD•20 � � ` I 08.10 i I @)D.22 rA)0 (2 \ \ s FIGURE 2 Page 60 E�X H I I s Z � � Gr - r AL JA .� Uy0ER41�XDJ�j.�f�• t ' 3 _ /N t \ o EXHIBIT /2 W ( a VTI i4 I� ix- w a �a 0 0 I W u cd has• / u 1 Ci q / WHITEWATER HILL - SECTION 12 WIND PARK Construction Schedule 1983 1984 1985 Oct Nov Dec Oct Nov Dec May June July AugSept Oct KEY ACTIVITIES - Phase I & II WTG • Site Survey x x X Site Preparation & Foundation X X X X x X X X x m Power Collection System X X x x Turbine Assembly & Erection x x x x x x x w Interconnection & Test x x x x x x x OPERATIONAL Remaining Phases to Proceed at Similar Staging 15 12 25 31 9 16 28 0 13 FIGURE 3 -4- TABLE 1 TECHNICAL PROPOSAL SUMMARY SHEET Section 12 Title: San Gorgonio Farms, Inc. Whitewater Hill - Section 12 Wind Park No. of WTGs: 154 Manufacturer: Carter Wind Systems, Inc. P.O.Box 405A Burkburnett, Texas 76354 Moerup Industrial Windmill Company, Micon A/S Voistrupvej 13, Svinding DK-8900 Randers - Denmark Danregn Vind Kraft A/S Fabriksuej 4, Brande , Denmark • Model : Carter Wind Systems Model 25 Micon (Moerup) 60/13, Bonus (Danregn Vind Kraft) 65/13, Micon (Moerup) 108, Bonus (Danregn Vind Kraft) 120 Projected Annual kWh Output of the Wind Park : 38, 420, 000 kWh' s San Gorgonio Farms to Provide : Wind Machines, Electrical Collection System, Transformers , Foundations & Roads Edison to Provide : Metering and Utility Interface BLM to Provide : Land Phasing Schedule Phase Year # of Machines 1 1 & 2 15 Carter , 79 Danish 2 3 60 Danish Total 2 154 • -5- EXHIBIT The WTGs would be distributed on the site as shown on the Wind Park Site Plan for Section 12 (see Figure 2 -Wind Park Site Plan) . In addition to the turbine construction, wind park development would require the construction of loading access roads and installation of overhead and underground transmission lines. A detailed discussion of the wind energy conversion system _ and the construction operations and maintenance plan for the wind park is found in the following section of this report. II. PROPOSED ACTION AND ALTERNATIVE A. PROPOSED ACTION The Whitewater Hill-Section 12 Wind Park will comprise 15 Jay Carter 25 kW wind turbine generators (WTG) and 139 Danish WTG' s on approximately 105 acres of right-of-way with a total nameplate rating upon project completion of 10. 125 megawatts (see Table 1) . Estimated annual energy output from the fully developed wind park would be 38, 420,000 kWh' s generating $3,070,000 in annual energy sales (see Table 2) . San Gorgonio Farms , Inc. has prepared a Plan of Operation describing construction and maintenance of the proposed wind park. 1. Wind Turbine Generators . The WTG consists of an electrical generator installed in a nacelle, powered with a horizontal axis, two-bladed rotor in a down wind configuration. The generator is a three-phase induction type. The tower height is 80 feet with a 32-foot blade diameter. The total height of the machine is 96 feet. The Danish WTGs have, depending on size, two electrical generators installed in a nacelle position, powered with a horizontal axis , three-blade rotor in an up wind configuration. The generators are three phase induction type, the tower height is approximately 80 feet with a 50-64 foot blade diameter. The total height of the machine is approximately 109 feet. 2. Auxiliary Structures In addition to the wind turbines, security fencing, transmission poles, and meterological towers will be located on the proposed site. The metrological towers would be approximately 160 feet tall, would be installed prior to turbine construction along the proposed turbine rows. The meterological towers will gather wind speed data needed to determine the best placement of the WTGs. 3. Access Roads Approximately 4 miles of new access roads occupying 5. 8 acres of public land would be required for the construction, operation, • and maintenance of the proposed windfarm including a realignment of Old Morango Valley Road. The access road would be located adjacent to WTG sites. Existing roads will be utilized to \ connect access roads. -6- EXHIBIT , • Table 2 PROJECTED REVENUE AND PROJECT COST Estimated Total Project Capital Cost: $15, 780,000.00 Estimated Total Edison Capital Costs: $125,000.00 Estimated BLM Revenue at 2% of Gross Energy Sales per year: • $61 , 400. 00 • -7- EXHIBIT • 4. Power Collection and Transmission System Power from each WTG will be collected via underground lines from groups of machines per transformer. The step-up transformer would increase the 480 volts generated by the WTG to an intermediate power-collector voltage of 12 kV, at which point it would be transmitted to an underground electical cable to a central substation (on adjacent private land) servicing the facility. The substation will be a low-profile, steel-constructed facility located on a 200- by 200-foot parcel of land secured by a six- foot-high chain link fence. The station would include necessary protective relays, breakers, electrical grounding, remote control equipment, metering, and safety devices. 5. Construction Personnel and Equipment The WTG manufacturer and subcontractors would have their own crews, with the remainder of the personnel consisting of local qualified workers. The workforce required during construction should vary from 10 to 20, depending on the number of machines to be constructed during each phase of the project. Most of the • workers will be drawn from the Palm Springs/Banning/Desert Hot Springs labor force, while the remainder will be available through the project contractors. See Table 3 for a breakdown of construction personnel and equipment for each section. 6. Installation of WTG The WTG tower and nacelle is assembled onsite and installed by crane and cable puller. The delivery trucks would use I-10 and Dillon Road. A six-person crew, along with a 4-wheel drive crane and pickup truck would install each WTG in three days. B. ALTERNATIVE - NO PROJECT If this alternative is selected, no project will be constructed and the project site will remain in its existing condition. III . CONSTRUCTION OPERATIONS AND MAINTENANCE PLAN A. WIND TURBINE GENERATOR 1 . Design Characteristics The Carter Wind Systems Model 25 Wind Turbine Generator (WTG) consists of an electrical generator installed in a nacelle • -8- EXHIBIT Table 3 CONSTRUCTION EQUIPMENT AND PERSONNEL Site Survey 3 1 4-wheel drive vehicle surveying instruments Foundation & Road Construction 2 2 Dump Truck 1 Loader 1 Grader 1 Water Truck 1 Compactor 2 Concrete Trucks 1 Backhoe 1 Bulldozer Transportation Equipment 2 2 Truck Crane (Flatbed) 2 Service Trucks Erection of Machine 3 1 large 4-wheel Drive Truck Crane Construction of Electric Facilities 2 Pickup Trucks Site Work 6 2 Pickup Trucks Electric Cable Installation 6 2 Pickup Trucks 1 Cable Puller 1 Auger 1 Trencher 1 Back Hoe Collection System Construction 6 1 Trencher 2 Service Trucks 1 Cable Puller Fence Construction 6 1 Auben Truck 2 Pickup Trucks 1 Flatbed Truck 1 Water Truck -9- EXHIBIT powered with a horizontal axis, two—bladed rotor in a down—wind configuration. The generator is a three—phase induction type. The tower height is 80 feet with a 32—foot blade diameter (see Table 4 — System Specifications) . The Danish WTGs have electrical generators installed in a nacelle powered with a horizontal axis, three—bladed rotor in an up wind configuration. The generators are three phase induction type. The tower height is approximately 80 feet with a 50—foot diameter blade. The 120 KW WTG is also a three blade induction type. The tower height is 80 feet with an approximately 64 foot blade diameter (see Table 4, Systems Specifications) . a. Compliance with Uniform Building Code Prior to construction a certification letter will be filed by a California registered professional engineer for compliance with the seismic and structural design provisions of the Uniform Building Code. Standard drawings of the wind energy conversion system, including support structure, tower, base and footings will be provided. b. Compliance with National Electrical Code Prior to construction, applicant will provide a line drawing identifying the electrical components of the wind system to be installed. A statement will be included that the electrical collection system conforms with good engineering practices and - complies with the National. Electrical Code. 2. Control Functions The Carter 25 WTG utilizes a free yaw design. A spring actuated disc brake is automatically activated in high winds or under any equipment (including utility line) failure. The Danish design uses a power yaw drive which utilizes a heavy duty motor to rotate the blades into the up wind direction. Both a spring actuated disc brake and tip brakes are automatically activated in high winds or under any equipment (including utility line) failure. 3. Safety Features The WTGs have the following safety features: a. Rotor stall b. Brake System — automatic/manual C. Rotor blockage system (manual brake) • —10— EXHIBIT i 0 Table 4 WIND TURBINE SPECIFICATIONS Model 65 Model 120 Carter 25 Power Output 65 kW(nominal, 75 kW max) 122 kW 25 kW(nominal, 33 kw max) Rated Wind Speed 40 mph 40 mph 26 mph • Rotation Speed 53. 7 rmp 45 rpm 120 rpm Braking Disk Disk Disk Blade Tip Speed 96 mph 96 mph 258 ft. /sec. Cut-in-Speed 8 mph 9 mph 8 mph Cut-out-Speed 67 mph 67 mph N/A Rotor Orientation Up Wind Up Wind Down Wind Generator RPM 1, 200 rpm 1, 200 rpm 1, 820 rpm Generator Type Induction Induction Induction Gearbox Step-up Ratio 22. 31 : 1 22. 31 : 1 24: 1 Gearbox Type Planetary Planetary Planetary Total Height 105 Ft . 109 Ft . 96 Ft. Tower Height 80 Ft . 80 Ft . 80 Ft. m Rotor Diameter 48. 7 Ft. 64 Ft . 32 Ft . No. of Blade 3 3 2 Weight of Rotor 3,036 lbs . 3, 580 lbs . 650 lbs . Rotor Material Fiberglass Fiberglass Fiberglass • Foundation Dimensions (steel reinforced) 10 ft x 2 ft x 5 ft 10 ft x 2 2 ft x 5 ft ft x 6 ft x 5 ft x 21 ft Foundation Weight 23, 730 lbs 37 , 300 lbs. 16, 100 lbs Anchor Pad Dimensions (steel reinforced) See Figure 4 -11- d. Tower access prevention devices e. Fire retardant materials B. CONTROL SHOP AND WAREHOUSE FACILITIES There will be a maintenance yard and monitoring trailer constructed on a total of 2. 25 acres of BLM land. They would be situated to provide maximum convenience for all maintenance and control requirements. C. METEROLOGICAL TOWERS Two or more meterological towers (approximately one hundred sixty feet tall) would be installed prior to turbine construction along the proposed turbine rows. These towers will allow the field to be de-energized during no or low wind conditions after they are connected to the substation computer. D. SECURITY OF FACILITIES AND EQUIPMENT Perimeter fencing will be determined by the Authorizing Officer subsequent to the Notice to Proceed. The applicant plans to fence the north border of the part to enclose the land with applicants private land. E. SITE PREPARATION AND FOUNDATION INSTALLATION For the Carter 25, site preparation would include vegetative clearing of the area within the bounds of the guy wire and foundation sites, approximately 175 sq. ft. Minimal grading would be required for each WTG (see Table 5 - Wind Park Land Utilization Summary) . Minimal grading would be required for each WTG (see Table 6 - Wind Park Land Utilization Summary for the Danish Equipment) . Site preparation would be accomplished by a two-person crew working with a back hoe or auger. A car would also be onsite. The foundation would be installed by a five-person concrete crew. Approximately 0. 1 acres of land would be temporarily distrubed during project construction for each WTG. F. INSTALLATION OF WTG The WTG tower and nacelle are assembled onsite and installed by the manufacturer or sub contractor. The delivery truck would use I-10 and Dillon Road . A three-person crew, along with a large 4- wheel drive truck crane and pickup truck would install each WTG in 3 days. • -12- EXHIBIT Table 5 WIND PARK LAND UTILIZATION SUMMARY - Carter 25 Section 12 Mandatory Setbacks Carter Model 25 Specifications: Blade Diameter = 32 ft. Tower Height = 80 ft . Total Height = 96 ft. Property Setbacks: North = 1. 5 x Blade diameter (32 ft) = 48 ft. East/West - 3 x Blade diameter (32 ft) = 96 ft. Public Road = 1. 25 x Total Height (96 ft) = 120 ft. Temporary Disturbance Total WTG Construction Site 3.85 acres Permanent Disturbance Tower Base Anchor Pads , Service Roads 0. 73 acres and Transformer Pad Roads Roads 1. 7 miles 2 . 5 acres Transmission Line System 12 kV Underground Lines Temporary Disturbance 0. 50 acres Total Temporary Disturbance 4.35 acres Total Permanent Disturbance 3. 23 acres -13- EXHIBIT Snt L 'a SPA E 8' i I T 2: ' SPREAD FOOTING FOUNDATION ANIY ANCHOR PADS FIGURE 4 _l,_ EXHIBITS • Table 6 WIND PARK LAND UTILIZATION SUMMARY - Danish Section 12 Mandatory Setbacks MODEL 65 MODEL 120 Bonus Specifications: Blade Diameter = 49. 8 ft. 64 ft. Tower Height - 80 ft. 80 ft. Total Height - 105 ft. 109 ft. Property Setbacks: North/South = 1. 5 x Blade diameter = 73.81 ft. 96 ft. East/West = 3 x Blade diameter = 147. 6 ft. 192 ft. Public Road = 1. 25 x Tower Height = 131 ft. 137 ft. Setback from SCE Easement 147.6 ft. 192 ft. Temporary Disturbance Total WTG Construction Site 13. 9 acres Permanent Disturbance Tower Base Anchor Pads , Service Roads 0.41 acres Transformer Pad. Roads Roads 2.3 miles 3. 3 acres Transmission Line System 12 kV Underground Lines 0. 50 acres Temporary Disturbance Total Temporary Disturbance 14.4 acres Total Permanent Disturbance 3. 71 acres • -15- EXHIBIT 4 3.9 .ry U6LCE J� .*rz+o . .ctEv I STi1N17.1R0 ROL C / /r-car.P.icrry NqT/VE d0/L .rV COL L EC7-/C1V GeeC E TYPICAL FILL SECTION 33 iry G•.IQ�E "• ro' iv /r• J JT,4.t/GNipp /t'LO.•1PgCTEO . • • • fiL L • k7T/VL JO/L • •• m'•y DOLE TYPICAL CUT SECTIONou/NNOG O'ERVICE ROAD DETAIL -16- EXHIBIT FIGURE 5 G. ACCESS ROAD AND CONSTRUCTION Construction of the roads would involve clearing and grading a 12—food roadbed running parallel to the lines of WTGs. Access roads shall be constructed to standards established by BLM. (See Figure 5. ) H. INSTALLATION OF POWER COLLECTION AND TRANSMISSION SYSTEM Installation and construction of the transmission system would be similar to that described for U.S. Wind Power and Windfarm' s proposal in the San Gorgonio Pass Wind Energy Project Draft EIRPS. I. OTHER CONSIDERATIONS, OPERATIONS AND MAINTENANCE PLAN CONSIDERATIONS 1 . Fugitive Dust. During construction, watering will be maintained to control dust. 2. Clearing. WTG tower foundations, pads, support facilities and access roads would be cleared as described above in Section F. 3 . Erosion/Sedimentation Control WTG 's facilities and roads will be sited with consideration to the natural land contours and avoided slopes in excess of 25%. Final engineering design and construction management will provide erosion control measures as needed. Permanent access roads shall be constructed using design standards stated in the San Gorgonio Pass Wind Energy Project Final EIS (See Figure 5) . 4. Fire Control a. All onsite personnel will be familiar with the location and operation of fire suppression equipment (Class A 5 b canister—type extinguishers) . Also, personnel will follow fire avoidance measures, including designated work areas for welding, which would have additional personnel and equipment to reduce potential for combustion. b. All vehicles and gas—powered equipment will be equipped with spark arrestors. 5. Oil, Waste, and Hazardous Substances Control Clean—up and Disposal Any and all of the aforementioned materials will be removed from site and disposed of in a recognized facility for such material (Riverside County Dump site) . A litter policing schedule will be enforced and in part require removal of any such waste. —17— EXHIBIT 0 6. Excess Material Disposal Excess soil material created during pad construction shall be used as fill for roads and support facility construction. No material will be disposed of in such a way as to interfere with natural drainage channels. —18— EXHIBIT 63 SAN GORGONIO FARMS WIND PARK ENVIRONMENT ASSESSMENT June 1985 EXHIBIT i LIST OF FIGURES F g_ure No. Title Page 1 Vicinity Map 2 2 Site Plan Rear Pocket 3 Spread Footing Foundation and Anchor Pads Rear Pocket 4 Viewpoint Locations 30 • EXHIBIT TABLE OF CONTENTS Title Page I. Introduction 1 II. Proposed Action and Alternative 6 A. Proposed Action 6 B. Alternative 11 III. Construction Operations and Maintenance 11 A. Wind Turbine Generator 11 B. Control Shop and Warehouse Facilities 14 C. Meteorological Towers 14 D. Security of Facilities and Equipment 14 E. Site Preparation and Foundation Installation 14 F. Installation of WTG 15 G. Access Road Construction 17 H. Installation of Power Collection and Transmission Line System 17 I. Other Construction. Operations and Maintenance Plan Considerations 17 IV. Affected Environment 19 A. Geological Resources 19 B. Vegetation and Wildlife 24 C. Cultural Resources 29 D. Visual Resources 34 V. Environmental Consequences of the Proposed Action 36 A. Geological Resources 36 B. Vegetation and Wildlife 37 C. Cultural Resources 38 D. Visual Resources 39 VI . Mitigat-1ve Measures 42 VII. Unavoidable Adverse Impacts of the Proposed Action 44 References Cited 46 List of Preparers 51 • EXHIBIT � - LIST OF TABLES Table No. Title page 1 Construction Schedule 4 2 Technical Proposal Summary Sheet 5 3 Projected Revenue and Project Cost 8 4 Construction Equipment and Personnel 10 5 Bonus 65 and 120 kW Wind Turbine Specifications 12 6 Wind Park Land Utilization Summary 16 7 Faulting and Seismicity 23 l • • EXHIBIT _.C.L. I. INTRODUCTION A right—of—way grant on Whitewater Hill covering the southern half of Section 12 (T.3S, R.3E, SMB/BLM) was originally given to Southern California Edison Company (SCE) for the development of wind energy resources. The notice—to—proceed authorized construction and operation of 95 wind turbine generators (WTG) on public land on Whitewater Hill, Section 12, T.3S. R. 3E. , SBBM. The authorization was for development on the northern half of the grant. The original proposal was one of several analyzed in the San Gorgonio Pass Wind Energy Project EIS and later authorized by the State Bureau of Land Management (BLM) Director on July 6, 1982. San Gorgonio Farms (SGF) wishes to amend the existing authorization, and alter the number of WTSs currently authorized. If approved, the amended grant would allow 67 WTGs on approximately 51 acres of public land located on portions of Section 12 T. 3S. R. 3E. , SBBM. It was determined by the BLM that the proposed operations deviated enough from the original authorization to warrant preparing an environmental assessment. This environmental assessment will analyze the effect of the proposed development on the existing environment. A. LOCATION • Section 12 is located near Painted Hills approximately six miles -1- EXHIBIT � ICINITY MAP-m - NG o ae cs , � i •.. . / d Painte r I � I Hill. ::;; ::. 7. SITE -i�- _.._.. ... .. . Wf;itewater Prn ma�yy'�''' :r:: • ,}:fk��: rr`•..C"'' � • �•co J I I 1 1 I / •� i L SAN GORGONIO FARMS WIND PROJECT Viewpoint Locations Fri ion northeast of downtown Palm Springs and seven miles southeast of Desert Hot Springs (see Figure 1) . Elevations range from about 1, 3000 feet along Whitewater Cutoff in the west area of the section to over 1, 700 feet in the north area. The project area has been traditionally regarded as a very windy area by the local residents. According to the Wind Energy Assessment of Palm Springs — Whitewater Area by Aerovironment , the project area exhibits a good potential for windfarm development based on an average power density distribution of 600 watts/m 2 throughout 1979. B. PROJECT PHASING AND IMPLEMENTATION The Whitewater Hill—Section 12 Wind Park (see Figure 2, Rear Pocket) will be constructed over a 7—months period commencing in August 1985 (see Figure 3) . All 67 WTGs which will be operational by December 31 , 1985 (see Table 1) . The WTGs will be distributed on the site as shown on the Wind Park Site Plan for Section 12 (see Figure 2 — Wind Park Site Plan) . In addition to the turbine construction, wind park development will require the construction of loading access roads and installation of overhead and underground transmission lines. A detailed discussion of the wind energy conversion systems and the construction operations and maintenance plan for the wind park is found in the following section of this report. —3— EXHIBIT C • Table 1 WHITEWATER HILL — SECTION 12 WIND PARR Construction Schedule June July Aug Sept Oct Nov Dec KEY ACTIVITIES — Phase 1-12 WTG Site Survey g Site Preparation and Foundation X X Power Collection System % X X Turbine Assembly and Erection g g g Interconnection and Test X X X • OPERATIONAL Remaining Phases to Proceed at 28 19 20 Similar Staging • —4— EXHIBIT �'_- Table 2 TECHNICAL PROPOSAL SUMMARY SHEET Section 12 Title: San Gorgonio Farms, Inc. Whitewater Hill — Section 12 Wind Park No, of WTGs : 67 Manufacturer : Denregn Vind Kraft A/S Fabriksuej 4, Brande, Denmark Model: Bonus Wind Systems Model 65 and Model 120 65 kW and 120 kW Project Annual kWh Output of the Wind Park: 25, 000,000 kWh' s San Gorgonio Farms to Provide : Wind Machines , Electrical Collection System, Transformers, Foundations and Roads Edison to Provide : Metering, Transformers and Utility Interface BLM to Provide: Land Phasing Schedule Phase Year # of Machines 1 1 67 Total 1 67 —5— EXHIBIT II. PROPOSED ACTION AND ALTERNATE A. PROPOSED ACTION The Whitewater Hill-Section 12 Wind Park Phase III will comprise 28 Bonus 65 kW wind turbine generators and 39 Bonus 120 kW (WTG) on approximately 51 acres of right-of-way with a total nameplate rating upon project completion of 6. 5 megawatts (see Table 1) . Estimated annual energy output from the fully developed wind park will be 25,000,000 kWh' s generating $1 , 750,000 in annual energy sales (see Table 3) . San Gorgonio Farms, Inc, has prepared a Plan of Operation describing construction and maintenance of the proposed wind park. • 1 . Bonus 65 and 120 Wind Turbine Generators The WTG consists of an electrical generator installed in a nacelle powered with a horizontal axis, three-bladed rotor in an up-wind configuration. The generator is a three-phase induction type. The tower height is 80 feet with approximately 50 foot blade diameter for the 65 kW machine or a 64 foot blade for the 120 kW machine. The total height of the machine is approximately 109 feet. 2. Auxiliary Structures • In addition to the wind turbines , security fencing, transmission -6- EXHIBIT poles, and 2 or more meterological towers will be located on the proposed site. The meterological towers will be approximately 110 feet tall, and will be installed prior to turbine construction along the proposed turbine rows. The meterological towers will gather the wind speed data needed to determine the best placement of the WTGs. 3. Access Roads Approximately 1. 1 miles of new access roads occupying 1 . 6 acres of public land will be required for the construction, operation, and maintenance of the proposed windfarm. The access road will be located adjacent to transmission lines and WTG sites. Existing roads will be utilized to connect access roads . 4. Power Collection and Transmission Line System Power from each WTG will be collected via underground lines from groups of ten to fifteen machines per transformer. The step-up transformer will increase the 480 volts generated by the WTG to an intermediate power-collector voltage of 12 kW, at which point it will be transmitted over a set of underground lines to a central substation (on adjacent private land) servicing the facility. The substation will be a low-profile, steel-constructed facility • located on a 100- by 100-foot parcel of land secured by a six- -7- EXCHIBIT_L�. Table 3 PROJECTED REVENUE AND PROJECT COST Estimated Total Project Capital Cost: $8, 400, 000 Yearly Projected Energy Sales at Completion of the Project (@ $, 07 kWh) : $1, 750, 000 Estimated BLM Revenue at 2% of Gross Energy . Sales per year : $35,000 —8— EXHIBIT-L,,- foot—high chain link fence. The station will include necessary protective relays , breakers, electrical grounding, remote control equipment, metering and safety devices. 5. Construction Personnel and Equipment The WTG manufacturer and subcontractors would have their own crews, with the remainder of the personnel consisting of local qualified workers. The workforce required during construction should vary from 10 to 20, depending on then number of machines to be constructed during each month and phase of the project. Most of the workers will be drawn from the Palm Springs/Banning/ Desert Hot Springs labor force, while the remainder will be available through the project contractors. See Table 3 for a breakdown of construction personnel and equipment for each section. 6. Installation of WTG The WTG tower and nacelle will be assembled onsite and installed by crane and cable puller. The delivery trucks will use I-10 and Dillon Road . A three—person crew, along with a 4—wheel drive truck and crane will install each WTG in three days. —9— EXHIBIT= Table 4 CONSTRUCTION EQUIPMENT AND PERSONNEL Site Survey 3 1 4-wheel drive vehicle surveying instruments Foundation & Road Construction 2 2 Dump Truck 1 Loader 1 Grader 1 Water Truck 1 Compactor 2 Concrete Trucks 1 Backhoe 1 Bulldozer Transportation Equipment 2 2 Truck Crane (Flatbed) 2 Service Trucks Erection of Machine 3 1 Large Truck Crane • Construction of Electric Facilities 2 Pickup Trucks Site Work 6 2 Pickup Trucks Electric Cable Installation 6 2 Pickup Trucks 1 Cable Puller 1 Auger 1 Trencher 1 Back Hoe Collection System Construction 6 1 Trencher 2 Service Trucks 1 Cable Puller Fence Construction 6 1 Auben Truck 2 Pickup Trucks 1 Flatbed Truck 1 Water Truck -10- EXHIBIT • • B. ALTERNATIVE - NO PROJECT If this alternative is selected, no project will be constructed and the _project site will remain in its existing condition. III. CONSTRUCTION OPERATIONS AND MAINTENANCE PLAN A. WIND TURBINE GENERATOR 1. Design Characteristics The Bonus Model 65 and Bonus 120 Wind Turbine Generator (WTG) consists of an electrical generator installed in a nacelle powered with a horizontal axis, three-bladed rotor in an up-wind configuration. The generator is a three-phase induction type. The tower height is 80 feet with a 50 or 64 foot blade diameter (see Table 5 - System Specifications) . a. Compliance with Uniform Building Code Prior to construction a certification letter will be filed by a California registered professional engineer for compliance with the seismic and structural design provisions of the Uniform Building Code. Standard drawings of the wind energy conversion system, including support structures, tower , base, and footings will be provided. • -11- EXHIBIT Table 5 BONUS WIND TURBINE SPECIFICATIONS Model 65 Model 120 Power Output 65 kW (nominal, 75 kW max) 122 kW Rated Wind Speed 40 mph 40 mph Rotation Speed 53.7 rpm 45 rpm Braking Disk Disk Blade Tip Speed 96 mph 96 mph Cut-in-Speed 8 mph 9 mph Cut-out-Speed 67 mph 67 mph Rotor Orientation Up Wind Up Wind Generator RPM 1,200 rpm 1,200 rpm Generator Type Induction Induction Gearbox Step-up Ratio 22.31: 1 22.31: 1 Gearbox Type Planetary Planetary Total Height 105 ft. 109 ft. Tower Height 80 ft. 80 ft. Rotor Diameter 48.7 ft. 62 ft. No. of Blade 3 3 Weight of Rotor 3' 036 lbs. 3,580 lbs. Rotor Material Fiberglass Fiberglass Foundation Dimensions (steel reinforced) 10 ft. x 2 ft x 5 ft 10 ft x 2 x 16 ft. ft x 6 ft x 21 ft Foundation Weight 23,730 lbs. 37 ,300 lbs. -12- EYHIBIT-L, b. Compliance with National Electrical Code Prior to construction, applicant will provide a line drawing identifying the electrical components of the wind system to be installed. A statement will be included indicating that the electrical collection system conforms with good engineering practices and complies with the National Electrical Code. 2. Control Functions An electrical motor with a yaw drive for extreme conditions will be utilized to rotate blade direction. A spring actuated disc brake will be automatically activated in high winds or under any equipment (including utility line) failure and has a manual override. 3. Safety Features The WTG has the following safety features: a. Rotor stall b. Brake system — automatic/manual C. Rotor blockage system (manual brake) d. Tower access prevention devices e. Fire retardant materials —13— EXHIBIT 9 • • B. CONTROL SHOP AND WAREHOUSE FACILITIES There will be a maintenance yard and monitoring building constructed on a total of 2. 25 acres of Bureau of Land Management land. They will be situated to provide maximum convenience for all maintenance and control requirements. C. METEOROLOGICAL TOWERS Two or more meterological towers (approximately 110 feet tall) will be installed prior to turbine construction along the proposed turbine rows. These towers will allow the field to be de-energized during no or low wind conditions after they are • connected to the substation computer. D. SECURITY OF FACILITIES AND EQUIPMENT Perimeter fencing will be determined by the Authorizing Officer subsequent to the Notice to Proceed. The applicant plans to fence the north border of the park to enclose the land with applicant ' s private land. E. SITE PREPARATION AND FOUNDATION INSTALLATION Site preparation will include clearing the area of vegetation • -14- EXHIBIT within the bounds of the foundation sites, approximately 175 sq . • ft. Minimal grading will be required for each WTG (see Table 6 - Wind Park Land Utilization Summary) . The foundation will consist of concrete with reinforcing rods. The larger tower base will be 10 feet square by 2 feet high by 21 feet deep and weigh approximately 37,000 pounds; see Table 5. Site preparation will be accomplished by a two-person crew working with a back-hoe. A car will also be onsite. The foundation will be installed by a five-person concrete crew. Approximately 0. 1 acres of land per WTG will be temporarily • disturbed during project construction. F. INSTALLATION OF WTG - The WTG tower and nacelle will be assembled onsite and installed by a subcontractor. The delivery truck will use I-10 and Dillon Road. A three-person crew, along with a large 4-wheel drive truck and passenger car will install each WTG in 3 days. -15- • 3 EXHIBIT L Table 6 WIND PARR LAND UTILIZATION SUMMARY Section 12 Mandatory Setbacks MODEL 65 MODEL 120 Bonus Specification: Blade Diameter = 49. 8 ft. 62 ft. Tower Height - 80 ft. 80 ft. Total Height - 105 ft. 109 ft. Property Setbacks: North/South = 1.5 x Blade diameter = 73.81 ft. 93 ft . East/West = 3 x Blade diameter = 147.6 ft . 192 ft. Public Road - 1. 25 x Tower Height = 131 ft. 137 ft. Setback from SCE Easement 147. 6 ft. 192 ft. Temporary Disturbance Total WTG Construction Site . 75 acres • Permanent Disturbance Tower Base Anchor Pads , Service Roads 0.41 acres Tranformer Pad . Roads Roads 1 . 1 miles 1. 6 acres Transmission Line System 12 kV Underground Lines 0. 50 acres Temporary Disturbance Total Temporary Disturbance 1 . 25 acres Total Permanent Disturbance 2. 01 acres Grand Total for Temporary & Permanent Disturbance = 3. 26 acres -16- EXHIBIT� . . G. ACCESS ROAD CONSTRUCTION Construction of the roads will involve clearing, grading, and graveling a 12—foot roadbed running parallel to the lines of the WTGs. Access roads shall be constructed to standards established by BLM. H. INSTALLATION OF POWER COLLECTION AND TRANSMISSION LINE SYSTEM Installation and construction of the transmission line system will be similar to that described for U.S. Wind Power and Windfarm' s proposal in the _San Gorgonio Pass Wind Energy Project Draft EIR. I . OTHER CONSTRUCTION, OPERATIONS AND MAINTENANCE PLAN CONSIDERATIONS 1 . Fugitive Dust. During construction, watering will be maintained to control dust. 2. Clearing. WTG tower foundation, pads , support facilities and access roads will be cleared as described above in Section F. —17— EXHIBIT� ! • • 3. Erosion/Sedimentation Control WTG's facilities and roads will be sited with consideration to the natural land contours and avoid slopes in excess of 25 percent. Final engineering design and construction management will provide erosion control measures as needed. Permanent access roads shall be constructed using design standards stated in the San Gorgonio Pass Wind Energy Project Final EIS. 4. Fire Control a. All onsite personnel will be familiar with the location and operation of fire suppression equipment (Class A 5 b canister—type extinguishers) . Also, personnel will follow fire avoidance measures, including designated work areas for welding, which will have additional personnel and equipment to reduce potential for combustion. b. All vehicles and gas—powered equipment will be equipped with spark arrestors. —18— EXHIBIT G s • • 5. Oil, Waste, and Hazardous Substances Control Clean-up and Disposal All of the aforementioned materials will be removed from site and disposed of in a recognized facility for such material (Riverside County Dump site) , a litter policing schedule will be enforced in a part require daily removal of any such waste. 6. Excess Material Disposal Excess soil material created during pad construction shall be used as fill for roads, support facility construction or removed to a suitable dump site. No material will be disposed of in such a way as to interfere with natural drainage channels. Windfarm' s proposal is found in the San Gorgonio Pass Wind Energy Project Draft EIR. 7. Solid Waste Management Portable chemical toilets will be placed during construction phases and a contract service will maintain and remove all solid waste. IV. AFFECTED ENVIRONMENT A. GEOLOGICAL RESOURCES -19- ExHIBIT • • 1. Geological Setting The proposed wind park site is located just north of Whitewater Hill in the Northern Coachella Valley. The site consists of five parcels of land. The parcels encompass gently sloping highlands (13) . The area was deposited as allivial fans by the ancestral Whitewater River and has subsequently been folded, faulted and uplifted along the Garnet Hill Fault. Surficial soils are fine to course sands in the western parcel and cobbly sands in the eastern parcel, which are generally loose at the surface, becoming more dense and cemented with depth. The Quaternary age formation composing Whitewater Hill is called the Cabazon fanglomerate and consists of poorly sorted, pebbly and bouldery sandstone containing clasts of granitic, volcanic and metamorphic rocks derived from the nearby mountain ranges. Although the base of the formation is not exposed, a thickness of approximately 1, 000 feet is preserved on Whitewater Hill. A recent thin mantle of stream terrace deposits contain pebbles and large boulders in a sandy matrix. The terrace deposits are generally not discernible from the Cabazon fanglomerate except by their color which usually weathers to a bright orange soil in contrast to the tan to gray color of the Cabazon fanglomate. On . Whitewater Hill, the terrace deposits are being slowly eroded —20— EXHIBIT • off the Cabazon fanglomerate. The eastern parcel of the site is capped by about four feet of these surficial terrance deposits. 2. Structure Whitewater Hill is doubly plunging anticline to the northwest and southwest. The Garnet Hill Fault runs along the southwest edge of the hill while the Banning Fault passes about 3/4 mile north of the hill. The Mission Creek Fault is located about 5-1/2 miles north of the site. These faults are associated with the San Andreas Fault zone - the most tectonic system in California. They have had Quaternary displacement, but no record of historic • surface displacement in the region of the site. They are, therefore, considered potentially active faults. 3. Seismicity The Mission Creek Branch of the San Andreas Fault zone has been associated with the most recent seismicity. It has been the locus of several M5-6 earthquakes, and one M6. 5 earthquake centered near the town of Desert Hot Springs in 1948. Numerous earthquakes of M3.0-M3.9 have occurred in the site vicinity, especially in the area north of the site between the Banning and Mission Creek Faults. -21- EXHIRIT li 4. Hydrology The Whitewater River is the principle drainage in the area, draining Whitewater Hill and nearby mountain ranges. The wind park site is well above the elevation where it could be impacted by potential Flooding of this river. The site is located within the Whitewater River sub-basin of the Coachella Valley ground- water basin. Groundwater levels at the site are generally in excess of 500 feet below the ground surface (DWR, 1961) . 5. Geologic Hazards Faulting and Seismicity. No know active faults or faults zoned for inclusion in the Alquist-Priolo Special Studies Act lie within the site area. A potentially active segment of the Garnet Hill Fault (northwest end) crosses about 1/4 mile south of the site. The potentially active Banning and Mission Creek Faults approach with 3/4 and 5- 1/2 miles, respectively, to the north. Due to the distance from these fault traces, the potential for surface rupture at the site is low. The Site is located in a seismically active area and is expected to be subjected to ground shaking during the economic lifetime of the project. Strong ground shaking would occur at the site _22_ EXHIBIT C during a major earRquake of either the Banni• Mission Creek, or Garnet Hills Faults. Because of the close proximity of the Garnet Hill Fault to the site, it could potentially produce the greatest ground shaking at the site (refer to Table 7) . However, the Garnet Hill Fault has had no historic seismicity associated with it, and the three faults considered, it probably has the lowest potential for producing a significant earthquake. The Banning Fault is considered much more likely to produce a large earthquake during the life of the wind park. The table below lists the average horizontal ground accelerations which could be expected at the site from probable earthquakes on these faults. The probability of an event in the M6. 5 or greater range in the San Gorgonio Pass region is on the order of 17 percent for an assumed 30—year project lifetime (Dickey, 1978) . Table 7 Faulting and Seismicity Probable Expected Distance From Earthquake Average Horizontal Fault Name Site to Fault Magnitude Ground Acceleration Garnet Hill . 25 miles M6.0 . 5g Banning . 75 miles M6. 5 ,47g Mission Creek 5.50 miles M6. 5 . 25g 6. Erosion The wind park sites occur on gently to moderate sloping areas north of Whitewater Hill, where neither natural wind nor water erosion pose a serious hazard to the project. —23— • EXHIBIT . 7. Slope Stability Mass-wasting, the downslope movement of rock and sediments under the influence of gravity, can impact wind generating towers when unstable slopes fail, giving rise to landslides or debris flows. Such slide is evident on the south face of Whitewater Hill adjacent to the highway. However, none of the parcels are located in this slide. B. VEGETATION AND WILDLIFE The general biological setting of the site and general area is discussed in San Gorgonio Pass Wind Energy Project, Draft Environmental Impact Statement (1982) . This section deals with the evaluation of potential impact of wind turbine development on this site on the sensitive species and habitats identified in the DEIS. The DEIS list four plant species of the area that are under consideration for listing as threatened or endangered by the U. S. Fish and Wildlife Service (1981) . These species are also recognized by the California Native Plant Society (Smith, et al. , 1980, Smith 1981) as rare or endangered. One state-protected plant , Barrell Cactus , may occur within the project boundaries , and many individuals in this area are -24- EXHIBIT • unusually tall (up to 5-6 feet) . Barrell Cactus is protected from collection by the California Native Plants Act. Astragalus lentiginosus var coachellae, Coachella Valley Milk Vetch U.S. Fish and Wildlife Service candidate species. Currently the species is on CNPS List 1 . Euphorbia platysperma, Flat seeded spurge U.S. Fish and Wildlife Service candidate species, CNPS List 3 (rare and endangered) . • Linanthus Maculatus, Little San Bernardino Mountains Linanthus U.S. Fish and Wildlife Service candidate species. CNPS List 1 . Monardella robinsonii, Robison' s monardella U.S. Fish and Wildlife Service candidate species. CNPS List 1 . Euphorbia misera, Cliff Spurge Abundant outside of California. Is on CNPS List 3. (Smith, 1981) . • -25- EXHIBIT • Listed below are six animal species recognized by California as threatened or endangered (California Department of Fish & Game, 1980) , and/or by the U. S. Fish and Wildlife Service as threatened or endangered, or under status review (U.S. Fish and Wildlife Service, 1980) . A seventh species is classified as sensitive by the Bureau of Land Management. Gopherus agassizii , desert tortoise. Fully protected by California, under status review by the U.S. Fish and Wildlife Service. Uma inornata, Coachella Valley fring—toes lizard. Listed as endangered by California, and threatened by U.S. Fish and Wildlife Service. Phrynosoma m'calli, flat—tailed horn lizard. A BLM sensitive species, under status review by U. S. Fish and Wildlife Service. Verio helli pusillus , Least Bell ' s viro. Listed as endangered by California, proposed for listing by the U.S. Fish and Wildlife Service. Spermophilus tereticaudus chlorus, Coachella Valley round—tailed ground squirrel. It is endemic to Coachella Valley. • —26— EXHIBIT • Ovs canadensis nelsoni , desert bighorn sheep. A BLM sensitive species, fully protected by California. Ovis canadensis cremnobates, Peninsular bighorn sheep. Listed by California as threatened. Of the above listed plant and animal species, all of the plants and the desert tortoise are the most likely to occur on site. There are no areas of fine aeolian sand deposits on site sufficient to support populations of the Coachela Valley fringe- toed lizard or flat-tailed horn lizard. The nearest riparian habitat, that may support Least Bell ' s Virio , is located in the SWhitewater drainage about 0. 5 miles to the west. The site is located about three miles from the known Peninsular bighorn and desert bighorn sheep habitat/range (DEIS) . Little is known of the distribution and habitat requirements of the Coachella Valley round-tailed ground squirrel; no information was found to indicate whether it has ever been sighted in Section 12. Site specific ground-based surveys were conducted in Section 12 during April and May of 1982 and 1983. Of the rare plant species listed earlier, Linanthus maculatus has been recorded with Section 12, but was not observed during the field surveys. Euphorbia misera is generally found on the steep slope, facing -27- EXHIBIT Whitewater River, in the southwestern portion of the site (Kobaly 1982) . Linanthus has been recorded in sandy soil in washes and on alluial ferns. Euphorbia misera has also been recorded from Section -12 (DEIS) , but was not found during field surveys in 1982 and 1983. Neither Euphorbia platysperma nor Monardella robinsonii were observed on site and no records of them having occurred on site are listed in the California Natural Diversity Data Base. The desert tortoise was not observed onsite nor was sign observed. However , it is expected to occur in the area in very low numbers (below 20 per square mile) . The Audubon Blue listed Prairie Falcon (Faleo mexicanus) was observed foraging in the vicinity, and probably uses the site for. such activity. No nesting sites occur on site, however. American Kestrels (Falco sparverius) has been observed to fly through the rotating wind turbine blades, apparently intentionally, and has resulted in the death of one Kestrel (Sciarrotta, personal communication) . It is unknown whether Prairie Falcons would exhibit this behavior ; if they do, it could lead to collision death. Generally, however , birds exercise avoidance behavior upon sighting obstacles within their flight paths. Inclimate weather and reduced visibility increase avian collision mortality rates. _28_ EXHIBIT C- 0 • The study area is utilized heavily by migrating birds. It has been estimated that 32 million birds flew through the Coachella Valley during the Spring of 1982 (SCE, Nocturnal Avian Migration Assessment of the San Gorgonio Wind Resource Study Area, Spring 1982). Most birds flew at an altitude of 200 — 400 m. above ground, well above most wind turbines. However , 12.9% were recorded flying below Ill m. This proportion is expected to be higher on Whitewater Hill. Birds tend to fly at a fairly level altitude, altering their flight only enough to safely negotiate obstacles such as ridges. This "skimming" effect increases the potential for collisions with turbines placed on ridges or hilltops. Southern California Edison Company through the Los Angeles County Natural History Museum Foundation is currently conducting a study to determine the actual rates of collision on selected wind parks in the Coachella Valley. Preliminary results are due later this year. C. CULTURAL RESOURCES 1 . Archaeology At the time of European contact, the Whitewater Hill study area was within the traditional territory of the "Pass" or Wanakik Cahuilla (Strong 1929, Bean 1982) . Somewhat later, during the early history period , the Pass Cahuilla intermarried with other —29— EXHIBIT C- 506 60 f M 1 2A • �.G" �. a l ' V 1 }�I n r s III T�t�: h 131[ i -a 'a-.�a'1t uhiThTa- . iaT. iva :[.1Cs1�:'Ifi!i+isTS \ - r�raasta::�a t ' -•,L--- } ......... 1 ' s ��... - E ' ' ' •' 9 10 11 m to Water P 4 ••� 1 \ No — ,r f " )oi ,i ' ���''•��' t {'At....._Palm5rinh _ eM)2)3 •br',, : v"�'§AVU4N� r rs +a �.......... 119eu i-,..`r }. � R..Y" � • .��' i n.. . �_ 171 1 "�k•.Irt�y �.1, T.7 _ •14....^..J.. . 1 . p ...-r`• 'tr�^ y I� � �--. �- / . . j pi'w�•-. L-' iYY�Y¢ ^ -^mil. ' Cam.sq. ,,LL p •lr I .,-r 1 f ��. '`••k'tr � jjrrr �' r� .4,hi,. ��:J Ll':)� "'+i;.,r�ti+ ?. SF � r r {: !. !+`v - 'Lrr�, �jW1�i.'• � 'f•Flj� d''iM , , 'h � 's�;i� .:i� - s mat Hu S'a...-� �l• i f��� ter•..- `,' i•••w `�i9A•� . I �� 1�l , .;��'rFtr: bl• .� + T,,`.'t; . ,� c Syr 'SAN GORGONIO FARMS WIND PROJECT .,:..w f" BYw point Locations 4 Is. Figure ;,•:, • local Native American groups , primarily their northern neighbors the Serrano, apparently due to a general population decline as a result of the introduction of European diseases and other social disruptions. Because of these intermarriages, Kroeber (1925) and Benedict (1924) mistakenly indentified the San Gorgonio Pass area as Serrano territory (Bean and Vane 1981) . Several Cahuilla village sites were located in the San Gorgonio Pass area (Bean 1978: 576) . One of these sites, referred to as Wanakik Wanakik (Bean 1960) , was located in Whitewater Canyon in the general vicinity of the Whitewater Hill study area (Bean and Vane 1981: Table 2) . • Aboriginally, the Cahuilla depended upon hunting and gathering for subsistence, although it is possible that they may have engaged in a form of floodwater agriculture from time to time. Prime vegetal gathering areas were "owned" by villages, lineages, families or even individuals (Bean 1972) . Each group situated themselves so as to have maximum access to the widest range of biotic zones and available plant resources. In general, these plant resources would include the staples of mesquite and chia, located in the lowlands , and pinyon seeds and acorns , located in the mid upper regions of the San Jacinto and San Gorgonio Mountains (Bean and Saubel 1972; Bean 1972) . By the mid-1800s many Cahuilla groups farmed (Wilke and Lawton 1975) or worked for -31- EXHIBIT r 0 • local non—native ranchers (Bean and Vane 1981) . Bean (1972) provides a detailed study of the lifeway of the Pass and other Cahuilla groups. 2. Field Survey The Whitewater Hill study area was surveyed for archaeological and historical resources in its entirety by Edison archaeological staff (Taylor 1983a : 1983b) . A list of floral species noted within the study area and their Native American uses are given in Taylor 1983b: Table 1. The study area was found to be void of prehistoric archaeological resources. • Several "historic" resources, primarily the remains of "jackrabbit" homesteads, several roads, telecommunication equipment, distribution lines , and various modern trash were noted. None of these resources are considered particularly significant (Taylor 1983a ; 1983b) . In addition, the remains of several sheep holding pens were noted on the top of Whitewater Hill. The remains of these pens attest to one of the many modern uses of this area which result in severe disturbance of the native vegetation. 3. Native American Concerns • —32— EXHIBIT C, i • • A number of ethnologically significant locations have been identified in the general region of the study area. The most important would appear to be Whitewater Canyon, designated an area of critical environmental concern by the Bureau of Land Management in part because of Contemporary Native American values (BLM 1982: 3-24 as cited by Bean and Vane 1982: Appendix III) . Regarding Whitewater Hill, Native Americans living on the Morongo Indian Reservation, located in San Gorgonio Pass, reported to Clyde Woods (as cited by Bean and Vane 1982: Appendix III-25) that there was Wanakik or Pass Cahuilla village on Whitewater Hill where some Serrano and Chemehuevi also lived. In addition, the old Morongo road, which crosses the study area, may have been the former site of the aboriginal Painted Hill Trail (Bean and . Vane 1982) Appendix III-25) . No remains of either of these resources could be located in the field. Bean and Van (1982: Appendix III) described the general Native American concerns for the study area which include high winds blowing wind turbines over, noise from the operating machines and disruption of the ecological balance by destruction of the local flora. It is likely that prehistorically the study area was used by the Cahuilla seasonally for the collection of various native plant products. Of the remaining native flora, the various species of cactus are probably held in the highest regard by the contemporary Native Americans. • -33- EX1EAl 1 D. VISUAL RESOURCES The parcel being considered for wind energy development in this project - is not within a VRM management class development area, according to mapped information provided by the Bureau of Land Management office in Riverside, California. The Visual Resource Management (VRM) class indicates the degree of visual change that is acceptable to the characteristic landscape. Previous planning studies and environmental impact assessments in the San Gorgonio wind resources area have used the VRM system as a basis for visual impact analysis. Such studies include the Bureau of Land Management and Riverside County's joint Environmental Impact Study (EIS) , the San Gorgonio Wind Resource Area Study, the Bureau ' s San Gorgonio Pass Wind Energy Projects Environmental Impact Report, and the Bureau' s in-house review of wind energy- development applications. For purposes of consistency with previous assessment studies, this visual assessment describes the visual effect of the proposed project in terms of the VRM system. The project sites are on the western slopes of Whitewater Hill and in the saddle area to the northwest of the hill. Whitewater Hill is a distinctive feature element in the San Gorgonio Pass landscape. At the western entrance to the Upper Coachella Valley, Whitewater Hill forms with Windy Point a portal to the a valley. Seen from the east, the hill occupies a focal position -34- EXHIBIT i • against the sky, framed by the mountains of San Gorgonio Pass. For drivers southbound on Highway 62 and eastbound on Interstate 10, it represents a focal point in their field of view. The natural land form of Whitewater Hill is relatively smooth and gradually slopped, with a steeper southern slope. Vegetation is primarily lowlying shrub, beige and grey in color, and cannot prominent in distant views. The natural landform has been significantly modified by the installation of wind turbines for Phase I of the San Gorgonio Farms wind energy development. These turbines which range from about 100 to 200 feet in height are visible from surrounding viewpoints, and when frontlighted and seen from nearby viewpoints are vertical elements which contrast strongly with the smooth hill slopes. The refective white towers of the microwave tower on the top of hill are visible with frontlighting, but are hard to distinguish when side or backlighted. Two water tanks and a few scattered residences are less prominent as they are located below the top of the hill. The powerlines which pass Whitewater Hill via the saddle to the north are not prominent , as seen against the backdrop of the skyline of Alta Mesa. A new 500 kW transmission line ("Devers—Valley") which crosses the northern portion of the Wind park has been constructed . The towers of this transmission line are visible and dominant in views from Interstate 10 and Highway 62. Roads are inconspicuous elements —35— EXHIBIT�- from a distance, although they alter the color and texture of the hill when seen at close range. V. ENVIRONMENTAL CONSEQUENCES OF THE PROPOSED ACTION A. GEOLOGICAL RESOURCES Man' s activities on the land can accelerate soil erosion beyond what would occur under natural conditions. Surficial soils in the western parcel of the wind park site are sands and fine sands which are subject to accelerated wind erosion if disturbed by construction activity. However, such erosion will be minimal and is considered insignificant compared with the natural eolian erosion occurring in the area. The soils in the western parcel of the wind park site have a moderate sensitivity to accelerated erosion by running water. This sensitivity is manifested as gullying along access roads and downslope from the roads. Proper drainage control and road design and construction can minimize this impact, making it insignificant. Occasional regrading of roads may be necessary in areas with slopes over about 10 percent. Summary of the Major Consequences of the Proposed Action —36— EXHIBIT s • a. Insignificant amount of accelerated wind erosion due to project construction in the western parcel of the site. b. Potential for some accelerated erosion in the form of gullying on access roads and downslope from roads in the moderately sloping portions of the site. However, this impact is not expected to be significant. B. VEGETATION AND WILDLIFE Five sensitive plant species and one animal species potentially occur on the site, but were not found during on site field surveys during 1982 and 1983. Anticipated Impacts There will be a temporary loss of 1 . 25 acres and a permanent loss of 2. 01 acres of creosote crush scrul as a result of the construction of this wind park. This loss will primarily effect the density of reptiles and small mammals. It is not expected to alter the species diversity. Because of the relatively low wildlife habitat values and the lack of any sensitive species this impact will not be significant. The vast majority of birds are capable of successfully —37— EXHIBIT negotiating the wind park. However, an undetermined percentage of birds are expected to be involved in collisions with turbines. The actual collision rate is being researched through SCE but predictive figures are not currently available. C. CULTURAL RESOURCES The proposed action will have no effect on any recorded significant archaeological/historical resources. In addition, it is unlikely that any significant buried or otherwise unrecorded resources are present in the study area and, hence , subject to potential impact. Native American Concerns The particular significance (if any) of Whitewater Hill to the contemporary Native Americans residing in this vicinity is unknown. It is known that there is some concern for the flora (particularly cacti) here and elsewhere. The impacts of the proposed undertaking on the traditional beliefs of contemporary Native Americans residing in the project vicinity would have to be assessed through direct consultation. Summary of the Major Consequences of the Proposed Action -38- EXHIBITL 0 • None is known at this time. D. VISUAL RESOURCES Development of the project as proposed will result in various degrees of impact, depending on the location and orientation of the views , the time of day, and atmospheric conditions. The effects described in this analysis occur when sun angle and atmospheric conditions combine to create high degrees of visibility, and so represent "worse case" conditions. It often happens in the San Gorgonio Pass that sun angles, dust or haze in the air, backdrop conditions, and certain materials may combine to render wind turbines almost invisible. For instance, the grey galvanized iron tower on the Carter Wind System generators, when side or back lit against a mountain backdrop, often cannot be seen from distances of two miles or more. This visual resource assessment addresses both Phase II and Phase III of the proposed project. The potential effects of each phase are separately described in the following sections . The three viewpoints (Viewpoints 1, 4 and 17) used to assess visual effects were selected because they were identified as significant viewpoints in previous assessments and planning studies , and were also used in the Bureau ' s environmental assessment of Phase I & II . See Figure 4 for viewpoint location. Viewpoint 1 is located • —39— EXHIBIT C- 0 0 on Interstate 10 on the western section line of Section 12. The orientation of this view is eastward. Viewpoint 4 is located about 3 miles to the east at the intersection of Interstate 10 and Indian Road. Viewpoint orientation is to the west. Viewpoint 17 is located about 1.5 miles away at Windy Point on Highway III. Viewpoint orientation is northward . PHASE III General In evaluating the visual consequences of Phase III construction narratives generally directed to site specific groups of turbines. It must be kept in mind that Phase III construction constitutes only a small portion (in area and number of machines) of the entire Whitewater wind farm. These machines will be visually absorbed by the entire wind park development. Their individual impacts will be insignificant but they will contribute to the overall impact of the wind park. Viewpoint 1 Approaching Viewpoint 1 from the west exposes the southern most portion of the Phase III development area to the viewer. Existing wind machines, silhouetted against the sky and rising terrain, are visible for many miles. From Viewpoint 1 , the steepness of the terrain will shield all but a few turbines • -40- EXHIBIT C • i from sight. Those machines located west of Painted Hills Road and near the edge of Whitewater Hill overlooking I-10 will be preminent features but they will blend in with the remaining development. Support facilities for this phase will not be visible from this point. Viewpoint 4 The major portion of Phase III development will occur north of the extension of Dillon Road. The southern portion of Whitewater Hill will block many of the turbines from view but those to the north and at the higher elevation will be visible. Details are obscured when viewing from this distance and support facilities will generally not be easily discernable. Because of local terrain, views at the Phase III development will not be seen from most of the scattered homes near State Highway 62. Viewpoint 17 With the exception of those few machines overlooking I-10, the Phase III development will be less prominent from this point than Phase II and other developments . The machines in the southwestern portion of the development will be visible from Viewpoint 17, near Windy Point. The Painted Hills which from the background of the windfarm from this point tends to reduce visual impact for all of the machines except those silhouetted against the sky. • Summary of the Major Consequences of the Proposed Action —41— EXHIBIT 0 • From Viewpoint 1 , the degree of change from Phase II will be similar to that resulting from Phase I , although the impact will be less due to location off the crown of the hill; and the cumulative nature of the effect. From Viewpoints 4 and 17, the overall visual impact is considered weak, due to the greater distance to the development. The negative visual impacts resulting from Phase III development will be minimal from viewpoints 4 and 17. Distance and terrain combine to soften the visual effect. The negative impacts resulting from construction along the ridge overlooking I-10 will be moderate. The size of the turbines and their nearness to the highway, in addition to the fact that they will be silhouetted against the sky, will magnify the impact of these few machines. Overall, the primary negative impact would result from the turbines themselves, which when frontlighted, would incrementally increase the already significant contrast of the existing wind developments with the form and line of the hill. VI. MITIGATING MEASURES A. GEOLOGICAL RESOURCES 1 . Erosion from Road , Tower Grading —42— EXHIBIT . • • a . Temporary erosion control measures and revegetation (if necessary) . b. Follow standards and specifications in all phases of location, design, construction, operation, and maintenance. C . Proper drainage control to prevent gullying on roads and slopes. 2. Landslide Hazard a . Reroute roads and relocate structures in advance to avoid areas of known landslide hazard. b . Set towers back a reasonable distance from head of slide. B. VEGETATION AND WILDLIFE 1 . Southern California Edison is currently monitoring wind turbine development on avian mortality in the San Gorgonio Pass. The monitoring studies are not complete and therefore results are not yet available. The developer will cooperate with SCE researchers whenever possible in monitoring the impacts of wind turbines on wildlife. —43- 0 EXHIBIT G i • • C. CULTURAL RESOURCES 1 . Avoidance of unnecessary destruction of native flora, particularly various cactus species which are of concern to local Native Americans . D. VISUAL RESOURCES 1 . Painting the large diameter pole towers of the MICON and BONUS turbines with light (white or grey) colors and non— refective paint will reduce visual impacts. VII. UNAVOIDABLE ADVERSE IMPACTS OF THE PROPOSED ACTION • A. GEOLOGICAL RESOURCES 1 . Minor accelerated wind erosion due to project construction in western parcel of site. 2. Gullying along access roads and downslope from roads in moderate sloping areas of eastern parcel of site. B. VEGETATION AND WILDLIFE 1 . None. • —44— EXHIBIT C�- . C. CULTURAL RESOURCES 1 . None. D. VISUAL RESOURCES 1 . Proposed Action The negative visual impacts of the proposed project range from weak to moderate for the wind generator towers and turbines, and are weak for associated site improvements. From viewpoints within one mile of the site from Interstate 10 (and from Whitewater Road) , the degree of change from existing conditions would be less than that resulting from Phase I of the project, due to the existing turbines and transmission towers on the hill,, and proposed location of the Phase II and III turbines off the crown of the hill. • —45— EXHIBIT C REFERENCES CITED GEOLOGICAL Campbell, K. W. , 1981 , Near-Source Attenuation of Peak Horizontal Acceleration, Bulletin of the Seismic Society of America, Vol. 71, No. 6, pp. 2039-2070. Dept. of Water Resources, 1961 , Water Supply Conditions in Southern California During 1959-1960, Bulletin 39-60. Vol. • III, December 1961 . i Dickey, S. K. , 1978, Seismic Risk at Devers Substation, prepared for Southern California Edison Company, pp. 1-16 . Biological California Department of Fish and Game, 1980. At the Crossroads . a report on the status of California's Endangered and Rare Fish and Wildlife. State of California, Resources Agency. Sacramento, California. • Kobaly, R. , 1982. Bureau of Land Management. Botanist, Public Information. Personal communication. -46- EXHIBIT � San Gorgonio Pass Wind Energy Project. Draft Environmental Impact Statement 1982 . U.S. Department of Interior, Bureau of Land Management. Smith, J. P. . Jr. (ed. ) , 1981 . Inventory of Rare and Endangered Vascular Plants of California. First Supplement, Special Publication No. 1, 2nd Edison. California Native Plant Society, Berkeley, California. Smith, J . P. , R. J. Cole, J. O. Sawyer, Jr. , 1980. Inventory of Rare and Endangered Vascular Plants of California. Special Publication No. 1 , 2nd Edition. California Native Plant Society, Berkeley, California. U.S. Department of Interior, Fish and Wildlife Service, 1981 . Federal Register Vol. 45: 82480-82569 , December 15. 1980. -47- EXHIGIT�-_ Cultural Bean, .Lowell J. 1978 Cahuilla. In Handbook of North American Indians, Volume 8 California, Edited by R. R. Heizer. Washington D.C. : Smithsonian Institution. 1972 Mukat's People: The Cahuilla Indians of Southern California. Berkeley: University of California Press. 1960 The Wanaktk Cahuilla. The Masterkey, 34(3) : 111-119 Bean, Lowell J . and Katherine S. Saubel 1972 Temelpakh: Cahuilla Indian Knowledge and usage of Plants. Banning: Malki Museum, Inc. Bean, Lowell J . and Sylvia B. Vane 1982 Appendix 111 Cultural Resources . In San Gorgonio Wind Resource Study Draft Environmental Impact Report/Environmental Impact Statement, prepared for Riverside County and U.S. Bureau of Land Management by Wagstaff and Brady and Robert Odland Associates . Menlo Park: Cultural Systems Research, Inc. 1981 Native American Places in the San Bernardino National Forest, San Bernardino and Riverside Counties, -48- EXHIBIT L s • • California. Report to the U. S. Forest Service South Zone Contracting Office. Menlo Park: Cultural Systems Research, Inc. Benedict, Ruth 1924 A brief sketch of Serrano Culture. American Anthropologist 366-392. Kroeber, A. L. 1925 Handbook of the Indians of California. Washington D.C. : Smithsonian Institute, Bureau of American Ethnology Bulletin, 78: 1-995 Strong. William D. 1929 Aboriginal Society in Southern California. Berkeley: University of California Publications in American Archaeology. Ethnology, 26 : 1-349. Taylor, Thomas T. 1983a Report of an Archaeological Survey of the Southern California Edison Company and San Gorgonio Farms. Inc. Grant, Whitewater Hill . Riverside County. California. Rosemead: Southern California Edison Company Environmental and Regulatory Affairs Division. • _49 �XN1R � I • 1983b Report of an Intensive Archaeological Survey of Various Private and Public Land Parcels for the San Gorgonio Pass Wind Program, Riverside County, California, Final Report. Rosemead: Southern California Edison Company, Environmental and Regulatory Affairs Division. Wilke, Philip J. and Harold W. Lawton 1975 Early Observations of the Cultural Geography of Coachella Valley. Part 1 of: The Cahuilla Indians of the Colorado Desert: Ethnohistory and Prehistory. Ramona: Ballena Press Anthropological Papers No. 3: 9-43. • -50- EXHIBIT c- LIST OF PREPARERS Sections I. II. III Michael Brandman and Associates, an Irvine Consulting firm, was responsible for the Introduction, Proposed Action and Alternative, and Construction Operation and Maintenance Plan sections of the Assessment. Sections IV. V. VI. VII Dr. Janet R. Baas, an Environmental Specialist with Edison, was • responsible for coordination and preparation of Sections IV, V, i VI, VII of the Environmental Assessment. Dr. Baas holds a B.A. degree in Anthropology, and M.S. degree in Biology and a D. Env. degree in Environmental Science and Engineering. Joyce Herman, an Environmental Specialist with Edison, was responsible for coordination of the Visual Resources section, prepared by Wagstaff and Brady Consultants. She holds a B.S. and M.S. in Planning. Robin Kim is an associate Engineering Geologist with Edison and was responsible for the Geologic Resources section of the report. She holds a B. S. in Geology and has 3 years experience • with Edison. _51_ EXHIBIT Wendy Miller, an Environmental Specialist with Edison, was responsible for coordination and preparation of Sections IV, V, Vi, VII of the report. She holds a B.S. in Conservation and Resource studies. Tom Taylor, an Environmental Specialist with Edison, was responsible for the Cultural Resources section. He holds an M.A. in Anthropology and Archaeology. David W. Stevens is a Supervisor in the Environmental Operations Division of Edison and was responsible for the biological • concerns of the project. He holds a B.S. and M.S. in Biology and has 10 years experience With Edison. Wagstaff and Brady Consultants were responsible for the Visual Resources Section of the report. -52- EXHIBIT 00 o IIo 0 GR ANT GRAN 130 UNO Y, PHASE III OOUNC ol -120 KW OWNED :!:io BY W.W.AD T'wj 12(l KW� . 0 !DOWNED BY W.W.ADAM lz— e V GR -6NDARY 14T--90 PHASE III u� !�, } ZI. AT r /` / I 11 I 11 Q II • - �, � 11 •��, a ar ,c ' J•• p I I b I 1 � /' � ► ►i �►c� � —a 01 ! I:D �l •'I i � � it n ' a „ I I rb I n \ rs1 I I I a p II ►1 j► ► ► 11 11 m m I �•o.c _,. a a l c� l a • � \\ ° �_ •a it ill 1D'I ¢ I� \ . II 01, � (,Y ,.•r�" O GRANT �� / a d•J o BOUND Y. PHASE II< � GRANT \ BOUNDAR){PHASE lII .1 OWNED �15 BY WWA OWNED W.W.ADAM / ooIleE 4 - �/ / yfJigLM rArrl O q • _ KAL GAT 01 _ IATN l 1 \ 1 _ • 1 WILLIAM J. ADAMS, CITY ATTORNEY CITY OF PALM SPRINGS; and • 2 BURKE, WILLIAMS & SORENSEN J. ROBERT FLA.NDRICK 3 KATHERINE E. STONE BENJAMIN S. KAUFMAN 4 624 South Grand Avenue llth Floor 5 Los Angeles, CA 90017 ( 213 ) 623-1900 6 Attorneys for Plaintiffs 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 THE CITY OF PALM SPRINGS, a Municipal ) No. CV 85-2114-WMB(Tx) Corporation of the State of California; ) 12 FRANK M. BOGERT, RICHARD SMITH, WILLIAM) FOSTER, ELI BIRER, LLOYD MARYANOV, ) STIPULATION AND ORDER 13 Members of the City Council of the ) RE DISMISSAL WITH PRE- City of Palm Springs , ) JUDICE OF DEFENDANT 14 ) SAN GORGONIO FARMS, • 15 Plaintiffs, ) INCORPORATED, AND DISMISSAL WITH V. ) PREJUDICE OF RELATED 16 ) COUNTERCLAIM DONALD PAUL HODEL, Secretary of the ) 17 Interior ; THE UNITED STATES DEPARTMENT ) OF THE INTERIOR; ROBERT F. BURFORD, ) 18 Director of the United States Bureau ) of Land Management; ED HASTY, ) 19 California State Director , United ) States Bureau of Land Management; ) 20 THE BUREAU OF LAND MANAGEMENT; ) TRANS WORLD WIND CORPORATION, a ) 21 California corporation; CAP CO. ) FINANCIAL SERVICES, INC. , a California ) 22 Corporation; RENEWABLE ENERGY VENTURES, ) INC. , a California corporation; SAN ) 23 GORGONIO FARMS, INC. , a California ) corporation; SANDBERG WIND CORP. , a ) 24 California corporation; CALIFORNIA ) WIND ENERGY SYSTEMS, INC. , a ) 25 California corporation; and MESA ) 26 WIND CORP. , a Colorado corporation, ) 27 Defendants . ) 28 EXHIBIT G 1 Plaintiffs City of Palm Springs, Frank M. Bogert, • 2 Richard Smith, William Foster, Eli Birer and Lloyd Maryanov are a 3 municipal corporation, the mayor and members of the city council, 4 respectively. Plaintiffs filed the above-captioned action on 5 March 28, 1985, against defendant SAN GORGONIO FARMS, 6 INCORPORATED, a California Corporation ( "SAN GORGONIO" ) , among 7 others . Plaintiffs have challenged, among other things , the 8 validity of Right-of-Way Grant, Serial No. CA-9755 issued by the 9 United States Department of the Interior , Bureau of Land 10 Management to SAN GORGONIO, as amended on or about October 28, 11 1983 . They have also challenged SAN GORGONIO' s compliance with 12 certain mitigation measures allegedly imposed on SAN GORGONIO ' s 13 wind energy project located on the Right-of-Way Grant . SAN 14 GORGONIO has counterclaimed against the plaintiffs . • 15 Plaintiffs and defendant SAN GORGONIO have entered into 16 a Settlement Agreement settling all of plaintiffs ' claims against 17 defendant and SAN GORGONIO ' s Counterclaim against plaintiffs . A 18 copy of said Settlement Agreement without the exhibits thereto is 19 attached hereto as Exhibit A. 20 21 22 23 24 25 26 27 28 -2- 1 NOW, THEREFORE, IT IS HEREBY STIPULATED BY THE PARTIES • 2 HERETO, BY AND THROUGH THEIR RESPECTIVE COUNSEL, THAT: 3 The above-captioned suit be dismissed with prejudice as 4 against SAN GORGONIO FARMS, INCORPORATED, a California 5 Corporation and the Counterclaim of SAN GORGONIO FARMS, 6 INCORPORATED be dismissed with prejudice against the plaintiffs . 7 Each side to bear its own costs . 8 9 Dated: September _, 1985 WILLIAM J. ADAMS, CITY ATTORNEY CITY OF PALM SPRINGS; and 10 BURKE, WILLIAMS & SORENSEN 11 12 By 13 Katherine E. Stone Attorneys for Plaintiffs 14 • 15 Dated: September 1985 FINLEY, KUMBLE, WAGNER, HEINE 16 UNDERBERG, MANLEY & CASEY 17 18 By 19 Attorneys for Defendant SAN GORGONIO FARMS, INCORPORATED 20 21 IT IS SO ORDERED. 22 23 Dated: 24 25 26 William Matthew Byrne, Jr . United States District Judge 27 28 -3-