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HomeMy WebLinkAboutA2276 - WECS SEAWEST ENERGY GROUP HODEL WIND SETTLEMENT • Seawest Energy Group Inc. Amend to Settlement Agreement P.S. v Hodel AGREEMENT #2276 R18737, 11-15-95 AMENDMENT TO SETTLEMENT AGREEMENT THIS AMENDMENT TO SETTLEMENT AGREEMENT ("Amendment") , is entered into as of this day of rQ�A0�/Lp�. , 1995 ("Effective Date") , by and between the CITY OF PALM SPRINGS, a municipal corporation and political subdivision of the State of California ("City") and SEAWEST ENERGY GROUP INCORPORATED, a California corporation ("Seawest") . 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) and Seawest are parties to that certain Settlement Agreement dated as of November 6, 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. 1061C-C issued by the United States Department of the Interior, Bureau of Land Management ("BLM") to Southern California Edison ("SCE") and assigned by SCE to Hawkeye Energy Corporation on or about March 31, 1984, ("BLM Grant") . B. The BLM Grant was subsequently reissued by BLM as Right-of-Way Grant No. CA-15562 , and assigned by Hawkeye to California Wind Energy Systems, Inc. on or about June 26, 1984, and partially assigned by California Wind Energy Systems, Inc. to several parties, including Altech Energy, Ltd. II ("Altech II") that portion assigned being renumbered as Grant No. CA-15562-B, and assigned by California Wind Energy Systems, Inc. to Altech II . On or about December 28 , 1994, Altech II was dissolved, and all interests, including BLM Grant No. CA-15562-B were assumed by Seawest Energy Group, Inc. Seawest Energy Group, Inc. is the current holder of the BLM Grant. C. The City has amended the conditional use permit section of its Zoning Ordinance in regard to Wind Energy Conversion Systems ("WECS ordinance") . D. The parties of this Amendment desire to amend certain provisions of the Agreement. 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: 1 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 1 (c) . Section 1 (c) of the Agreement is hereby amended to replace the phrase 11150 feet" with the following phrase: "the height permitted by the WECS Ordinance as it may be amended from time to time, except that the eight wind turbine generators permitted by the Amended Plan of Operations dated September 12 , 1995, as submitted to the BLM, may be permitted at a total height of not greater than 222 feet. " 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 8 (d) of the Agreement, the City of Palm Springs and Seawest Energy Group 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 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 THEREOF, the City and Seawest have each caused this Amendment to be executed as of the date first set forth above. THE CITY OF PALM SPRINGS By •� Mayor Its Authorized Representative ATTEST: sc ���� Cit Clerk of the City of Palm Springs SEAWEST ENERGY GROUP, INC. , a California corporat ' n By: Arles N v pout Its: Cha rman V APPROVED AS TO FORM: City AttorMy for the City of Pal4FI Springs I Seawest Energy Group, Inc. - Rpp/W Grant Settlement Agreement SGgnedEby Council per Closed SETTLEMENT AGREEMENT Session, reported 1-8-86 - - - PARTIES: The parties to this Agreement are (a) the CITY OF PALM SPRINGS, FRANK M. BOGERT, RICHARD SMITH, WILLIAM FOSTER, ELI BIRER, and LLOYD MARYANOV (collectively "CITY" ) , 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) SEAWEST ENERGY GROUP INCORPORATED ( "SEAWEST" ) , a California Corporation (named in the Action under its former name of "California Wind Energy Systems, Inc. " ) . PURPOSE: The purpose of this Agreement is to achieve a full and complete settlement of all issues involved in and arising out of the Action or the issuance of the Right-of- Way Grants described below. RIGHT-OF-WAY GRANT: This Agreement concerns Right-of-Way Grant, Serial No. 1061C-C, for a wind energy development ( "Development" ) , issued by the United States Department of the Interior , Bureau of Land Management (collectively "BLM" ) to Southern California Edison ( "SCE" ) and assigned by SCE to Hawkeye Energy Corporation on or about March 31, 1984 , and at that time or subsequently reissued by BLM as Right-of-Way Grant No. CA-15562 , and assigned by Hawkeye to California Wind Energy Systems , Inc. on or about June 26, 1984, and partially assigned by California Wind Energy Systems, Inc. to several parties, including Oxford Energy Corporation ( "Oxford" ) , that portion assigned being renumbered as Grant No. CA-15562 D, and assigned by Oxford to SEAWEST contemporaneously with California Wind Energy Systems, Inc. name change to SEAWEST, and the activities of SEAWEST thereunder . A copy of the Right-of-Way Grants Nos . CA-15562 and CA-15562 D (hereinafter "Grant" ) is attached as EXHIBIT A hereto. The federal lands subject to the Grant are described on EXHIBIT B hereto. SEAWEST' s current plans of operation for the Development is attached as EXHIBIT C hereto. A site plan depicting the location of the individual wind turbine generators ( "generators" ) in the Development is attached as EXHIBIT D hereto. THE PARTIES AGREE AS FOLLOWS: 1 . Mitigation Measures. SEAWEST 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 blades , with a dull ( i . e. , non-glossy) finish and color selected for compatibility with the surrounding environment . When replacement blades are required for a generator, SEAWEST 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 -2- I • • 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. (b) It shall remove any structures , machinery, equipment, tools, appliances, and materials from the area encompassed by the Grant, in accordance with the provisions of the Grant as it may subsequently be amended. (c) It shall not propose to install or install any generator whose overall height (ground to highest point of blade travel) exceeds 150 feet . (d) It shall remove all generators, at their sole expense, which are non-operative for any reason. A generator shall be deemed to be "non-operative" if it does not generate power for six consecutive months at a level of 25% of its rated capacity as compared with the wind histo- gram for its site; provided, however , that a generator shall not be subject to removal if SEAWEST can demonstrate that modernization, rebuilding, or repairs are in progress or planned and shall be completed within six months . In order to monitor the ongoing power generation to determine whether any generator is non-operative, SEAWEST shall provide CITY with the following information on a quarterly basis : (A) A copy of the CEC Wind Project Performance Report as required under Title 20 , California Administrative Code, Sections 1381 - 1389 . -3- The provisions of this subparagraph (d) shall not apply to any generator placed in service prior to the effective date of this Agreement , if existing contractual agreements between SEAWEST and the owner of said generator would be violated by such removal . ( e) It shall provide the CITY with notice of all accidents or generator failures involving tower failures, blade separation, fluid spills or incidents which cause personal injury resulting in hospitalization. Such notice shall be given within one week from the date that SEAWEST has knowledge of such failures , accidents or injuries . 2 . Notice to CITY of Changes in the Development . SEAWEST shall provide the CITY with copies of all documents filed with BLM, including, but not limited to, any proposed amendments to the Grant or 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. 3 . Further Environmental Assessment . SEAWEST agrees that in the event it proposes to make any substantial change to the plan of operations of the development, which requires BLM approval, including, but not limited to, enlargement of acres disturbed; increase in numbers of generators ; or increases in type, size or capacity of generators, or change from upwind to downwind type, SEAWEST will request in writing that BLM prepare an environmental assessment and such further environmental review as may be required under the National Environmental -4- • • Policy Act . SEAWEST ' s efforts shall include, but not be limited to, an offer to pay all costs of preparing said environmental review. SEAWEST shall provide the CITY with copies of all documents filed with BLM. These copies shall be filed with the CITY at the same time they are submitted to BLM. Notwithstanding the provisions of this paragraph 3 , SEAWEST may substitute any upwind Danish-style generator ( e.g. , Bonus , Micon, Vanguard/WTI ) of a 60 to 200 kW capacity with a truss or tubular tower , without submitting a request to BLM to prepare an environmental assessment or review or offering to pay for said environmental assessment or review; provided, however, that no more than 122 generators would be installed in the Development with a maximum density no higher than that approved in Hawkeye ' s Plan of Operations (a copy of which is on file with SEAWEST and the City Clerk of the CITY OF PALM SPRINGS and which by this reference is made an exhibit hereto) . 4 . Community Monitoring Program. SEAWEST 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 Project; 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 Project and its -5- • environmental impacts including, but not limited to, an investigation of noise impacts arising out of the operation of the Project. Said contribution shall be paid to Riverside County within a maximum five ( 5 ) year period, and shall be tendered to said County as each phase of construction on the development is complete . SEAWEST shall provide CITY with notice of each payment at the time it is tendered. 5 . Dismissal from Action and Waiver of Claim. (a) The Parties hereto will, promptly after execution of this Agreement, file a joint stipulation for a dismissal of SEAWEST from the Action with prejudice. A copy of said Stipulation is attached hereto as EXHIBIT E. (b) For , and in consideration of this Agreement and said filing of said Stipulation for Dismissal with prejudice: ( 1 ) SEAWEST agrees to and do hereby forever discharge CITY, its appointed and elected officials, officers , agents and employees from any and all claims , actions, causes of action, demands, rights , damages , costs, expenses, requests for attorneys ' fees, and compensation whatsoever which SEAWEST 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/or maintenance of this Action. ( 2 ) CITY agrees to forever discharge SEAWEST and its officers , directors, partners , employees, -6- 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. CITY further agrees not to file any further actions challenging the operation of projects on the BLM Grant so long as SEAWEST or its successor in interest has not acted in violation of this Settlement Agreement, which violation has not been cured with reasonable promptness after notice. ( 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 . -7- 6 . Effective Date. This Agreement shall become effective upon the date of Court approval of the Stipulation referred to in Paragraph 5 . 7 . Valid Right-Of-Way. The City will not challenge the validity of the Grant of NEPA compliance with respect to the Grant as to any activities approved by the BLM prior to the effective date of this Agreement or as to any activities required or permitted by this Agreement . 8. 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 . (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. -8- 1 • • (d) Terms Mutually Dependent - 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 OF PALM SPRINGS and SEAWEST. Waiver of any one provision herein shall not be deemed to be a waiver of any other provisions herein. This Agreement may be modified, terminated, or amended at any time by mutual consent, but only by a written agreement executed by each of the parties hereto. ( f) Assignment - Upon the assignment by SEAWEST of its interest in the Grant or any portion thereof, SEAWEST shall be released from any and all obligations, liabilities or responsibility under this Settlement Agreement as to such portion of the real property as is the subject of said new Right-of-Way Grant, at such time as the new holder of the Right-of-Way Grant executes a copy hereof . (g) 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 . (h) Titles and Captions - Titles and captions contained in this Agreement are inserted only as a matter of -9- 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. ( i ) Governing Law - This Agreement shall be construed in accordance with the laws of the State of California. ( j ) 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 . ( k) 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 Postal Service, postage prepaid, addressed to the party to be served as follows : ( 1) CITY: City Manager City of Palm Springs 3200 Tahquitz-McCallum Way Palm Springs , CA 92262 ( 2) SEAWEST: Peter Tucker 1660 Hotel Circle North, Suite 400 San Diego, CA 92108-2874 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. ( 1) Exhibits - All exhibits to this Agreement (with the exceptions of EXHIBIT E hereto) has been provided -10- 4 by SEAWEST, who warrants that they are true and correct copies of said documents and that there are no modifications, additions, or deletions to said documents except as expressly noted therein. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates indicated and their attorneys have indicated their approval as to form and substance by their respective signatures in the appropriate spaces indicated below. November 6 , 1985 CITY: THE CITY OF PALM SPRING By Frank M. rt, Mayor Its Author-red Representative ATTEST: (City Seal) j� iCi� Clerk of the City of Palm Springs THE INDIVIDUAL PLAINTIFFS : Frank M. Boge . Richard William Foster -11- Eli Birer rt4AL �� Lloyd Maryann SEAWEST ENERGY GROUP INCORPORATED: By / ',/�C'�//✓G Y Its /,iLziJ cf- APPROVED AS TO FORM: William J. dams City Attorney for the City of Palm s�prings and Attorney for—Frank M. Bogert, Richard Smith, William Foster , Eli Birer and Lloyd Maryanov SELTZER CAPLAN WILKINS & MCMAHON By J'/ Elizabeth § ith Attorn4s for SeaWest Energy Group Incorporated -12- CA-15562 UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF LAND MANAGEMENT CALIFORNIA DESERT DISTRICT 1695 Spruce Street Riverside, California 92507 RIGHT-OF-WAY GRANT Se-: ,or 1 . There is hereby granted , pursuant to Title 1' of the Fecera • lane Policy and Management Act of 1976 (43 U.S. C. 1761 ), a nonexclusive nonpossessory right-of-way to: �1 Hawkeye Energy Corporation 2151 Michelson, Suite 215 Irvine, California 92715 in case of cnange of address the Helder s^.al im:m=• iately not f the Authorized Officer. 2. To use, subject to terms and conditions set out below, the follow- ing described public land: T. 3 S. , R. 4 E. , S.B.B.M. Portions of Section 20 and Section 22 0escriotion of the right-of-way facility anr, purpcs The rignt-of-way is for the construction operation, ano maintenance of Wind Turbine Electric Generators (hereinafter referreo to as WTG) , electric transmission lines, access roads within the right- of-way boundary, and ancillary facilities . The right-of-way wiI ' be used to develop, produce, utilize, and sell electricitc generated from wind energy. ThL. area of this -ight-of-wav pram is 454 acres, 37 acres in Section 20 anc 417 acres in Section 22 c;ar showlnq the iocatlor of the rlgh- c)4 -'wa% is encloseC hereto. and identified as: EXfilblt °B° titled "kind Park Site to olar _ WhiteVa, `� + � Ge'" r 1OQdplalf 2n/22. " EXHIBIT A 1 of 3 s i Section B . 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 tc 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 authoriza- l tions 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 a,,thorized uses are no longer needed . 6. All other terms and conditions. Compliance will be in accordance with the terms and conditions as specified herein 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 March 31st of each year . The annual rental payment shall be in the amount of $245,636.80. The rental payment for Section 20 is 1660.00 for 26 acres total - ing $17,160.00 and $86.40 for 11 acres totaling 1950.40. The reduced rate area is indicated by the shaded portion in Exhibit B . The rental payment for Section 22 is $1,240.00 for 166 acres totaling $205,840.00, and $86.40 for251 acres totaling $21,686.40. The reduced rate area is indicated by 'he shaded portion in Exhibit "B" . (b) In addition, the Holder shall pay the Uniteo States a rcvalty 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 differ- ence in the amount of rental -and royalty shall be due and payable 2 annually un or before the 45th day after ich anniversary of the above due date. The Holder shall make available to the Author- ized Officer the accounting documents relative to operations under this grant in order that the royalty payment may be calcu- lated or verified. The Holder shall submit to the Authorized Officer the annual electrical production reports relative to operations under this grant . Portions of such data may be designated by the Holder as proprietary, and the Authorized Office will only release that data to the public if required by the Freedom of Information Act. B. Duration of this Grant This right-of-way grant is renewable and shall be for a term of thirt} ( 30) years from the effective date of this grant. 9 . Fight of Access 'c the Unitec 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, operatior or naintenance of the wind energy system. 20. 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 Author- ized 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 includino a reasonable time tc rectify the problem, the Authorized Officer may issue a written decision suspending any or all of Holder ' s constructior activities under said grant and permits . The Hoioe, shall not resume such suspended activities until given written authorization to do so by the Authorized Officer . Any dispute arising under this qrant shall be decided by the Authorized Officer. 3 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 it tn: plan of operations. Section C. The effective date of this right-of-way grant is the date of execution by •4 the Authorized Officer. The undersigned agrees to The right-of-way grant the terms anc conditions is executed this 31st aav of this right-of-way grant : of March 1984 . Name (AuthorizedOfficer) (Title) JiTtTeT � atei 4 EXHIBIT A Terms and Conditions of Grant 1 . Health and Safety a. 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 aDDlication; the location of or storage and disposal of containers ; and other information that the Authorized Officer may require. The plan should be submitted no later than December 1 of any ' ; scat veaY � l .e. , DeCemDer i , 1983, deddline Tor fiscal vear 1985 action) . if need for emergency use of pesticides is identlfieo, the use must be approved by the Authorized Oficer. The use of suDstances on or near the right-of-way shall be in accordance with the approv1t Dian . 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 Dubuc lands autnorized for use under tnis Gra-t D . Before completion of each phase of development, the Authorizec Officer will notify the Holder whether individual turbines or groups of tur- bines will be fenced or if gating the access roads is sufficient to insure public safety. No additional notices-to-proceed will be used until this safety requirement is met. 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 anc occupancy of -.ne " icnz-of -wav Dv the Holder . Holder shalt De netc able "Dr any' activity 'within a -iont-of-way or permit area which the HLltnorizee Officer determines presents a foreseeable hazard or risk of damage or injury to the Unitec States. The Holder or its subcontractors 'wi ' ' De neld liaDie 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 it connection with :onstruc- 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 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 " awfully required pursuant to the authority to 43 U.S. C. Section 1734(b) and Section 1764(g) , ( 1976) the Holder snall reimourse the United States for all reasonable administrative costs exclus �ve of madage- ment overhead , and other cost heretofore or hereafter incurred directly or indirectly by the United States for: (1 ) processing apP' ica- ions fled by the Holder in accordance with the system; and (2) monitoring the construc- tion, operation, maintenance, and termination of all or any part of tt* system. The Holder shall hereafter pay in advance to the United States such sums as the Authorized Officer shall determine are required to reimourse the Unitee States fo- the cost in Cur"ee or t0 be incurred by the United States subse- Cuen`. to Brant issuance . Shortfall pf estlmatec quarterly ::oStS will De Dined tc 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. d. Civil Rights The Holder aorees not to exclude any person from participatino In emolov- ment or Drocurement activ 'tV connected with this Brant on the "ounce dT race, Creed , color, national origin, and sex , and t0 ensure against such exclusions , the Holder further aorees to develop and suomit to the proper reviewing ofriclal specific ooais and =imetables with respec-, tc minorlt 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 De 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 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 approoriate regulations . Holder shall consult with the Authorized Officer 72 hours in advance on any neec to modify or deviate from the approved Plan of Operations. o. Liaison Holder shall designate a representative for field operations who shal•1, 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 4utnorizee Officer shall be notifies of any changes in the named representat ve . 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 grantee lands, all structures, machi- nery, equipment, and materials , in accordance with applicable -eoulations and orders of the Authorized Offier . Any structures, machinery, equipment, tools, appliances, ane mate-ials, subject to removal by the Holder, as provioee above, whicn are allowea 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 snall 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 aranted 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. 7 structures, machinery, equipment, tools, applicances or materials located on. the right-of-way shall become the property of the United States. B. Plan of Operations Holder shall submit to the Authorized Officer a comprehensive Plan of Operations for study and approval no later than twelve (12) months from the effective date and thirty (30) days prior to construction. The plan shall include but not be limited to the following sections: a. Excess Material Disposal - describe how and where excess material such as soil , gravel and vegetation will be disoosed . b . Erosion and Sedimentation Control - describe how the soil will oe stablilized as a result of construction practices. c . Fire Control - identify locations and types of fire control equipment that will be used on the project site. d . oil , Waste, and Hazarcous Substances Control , Cleanup, and Disposal - if any of these substances are to be used on the project area, describe what they are, how they will be controlled and where the disposal site will be located . Describe how the site would be cleaned up if a spill of these substances would occur . e. Pesticide, Herbicides, Chemicals - same as letter "e" above. f. Security - describe what type of security will be provided at the project site. g. Plot Plans and Illustration - suomit a plot plan depicting location of wind turbines, borrow sites, stocxpiIing and storage areas , sub- stations, distribution line system desions, and roads . Describe what type of equipment will be used on the project site. h. Schedule - suomit a construction timetable. i . Proof of any Federal , State and Local Permits - submit copies of per- mits requested by the Authorized Officer or proof from the appropriate Federal , State, or local agency, that such a permit is not necessary. j . Public Contact Plan - identify what person(s) , their title, telephone number, address, and how they will be handling public inquiries and complaints resulting from construction practices and operation of the project. Describe how and where this information will be posted at the project site. 8 k. Project Description - if the project description has changed from the description submitted with the Holder's original application, the following information will be supplied: (1 ) Manufacturer (2) Wind Machine Model - if more than one machine is under consider- ation for deployment , include specifications for all types . Describe under what conditions one type of machine would be used over another. (3) Physical Specifications - total height , tower height , rotor diameter, total weight, weight of olades, foundation construction ( width, depth and height) , material specifications including weight foundation, tower construction materials and components, pnotograph of wind turbine generator model (8 X 10, blacY and white), structure designs for the tower and founaation should be supplied . (4) Performance Specifications - rotation speed (rotor RPM) , speed of blade tips, power output, cut-in speed , noise generation, cut-out speed , rated wind speed , rotor orientation, generator RPM, generator type, gear box step-up radio, and gear box type. (5j Project Annual Production - output Dasec on annual average wind speed. (6) Additional information - rotor hardware specification ( i .e . , type, size ) , alternator hardware specification ( i .e . , type , size) . (7) Brake System - type. (8) Control Functions - automatic yaw, failsafe brake application and release, alternator voltaoe and onasing, circuit breakers and overcurrent control . 19) Safety Features - electrical systems designed to comply with National Electrical Code, lightning protection on all circuits, and blade throw probability of occurrence. (10) 'Mind Machine Construction Activities - iedntify the size and location of site preparation (both temporary and permanent ) , temporary use areas, construction yards for material storage and equipment maintenance statins, equipment pads or leveled areas at each tower site, and a table summarizing land areas temporary and permanently occupied by WTG 's, new roads, existing roads, work areas, and construction yards. Diagrams should be submitted, if available. 9 (10) Wind Machine Construction Activities - identify the size ano location of site preparation (both temporary and permanent) temporary use areas, construction yards for material storage and equipment maintenance stations, equipment pads or leveled areas at each tower site, and a table summarizing land areas temporarily and permanently occupied by WTG 's, new roads, existing roads, work areas, and construction yards. Diagrams should be submitted, if available. (11) Transmission System and Substation - Design, Construction, opera- tion and maintenance, and abandonment. 9_ Nonce to Proceed a. Holder shall not initiate any construction activity on public lands without prior specific permission . Such permission shall be either by Notice to Proceed issued pursuant to this grant, a Temporary Use Permit or other appropriate written authorization. b . The Notice to Proceed shall be issued after the Plan of Operatid6s is approved by the Authorized Officer . The Notice to Proceed may authorize construction on the entire project or a pnase of the project. 10. Construction Requirements a. The Holder shall protect existing telephone, telegrapn, and transmission lines, roads, trails, fences, ditches, and iKe improvements during con- struction, operation, 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 utili- ties and improvements shall be promptly repaired by the Holder to a condition which is satisfactory to the Authorized Officer. b. Puolic 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 existino roads unless aoprovec by the Authorized Officer. d . Where access roads cross an existing gas pipeline, the Holder snall provide additional surface material to maintain at least five (5 ) feet of cover or requirements as specified by the owner. e . The Holder shall temporarily mark all locations for the wind turbine generators, roads and other ancillary structures before any ground disturbance begins. Marking the locations will aid in avoiding addition- al impacts to the environment. The Authorized Officer will review the proposed placement of the structures to insure that no sensitive compo- nent of the environment is significantly impacted.. Refer to associated stipulations 6, 7.f. , 14.b. , 14.e. , and 16.c. 10 f. All construction of new roads and upgrading of existing roads to be constructed must meet the following criteria. a) . Roadbed should not exceed 12 feet. b) . Maximum grade should not exceed 12 percent. c) . Roadcuts should have a minimum of 2:1 backslope. d) . Curve radii should be a minimum of 50 feet. e) . The road outslope should not exceed 4 percent. f) . The required waterbar spacing should be: Road Grade Spacinq of Waterbeds T 5 - 81 200 ' 8 - 12% 100' Road construction will not De allowed unto ! :enLerl Ines nave Deen St aKe0 and inspected for compliance with the above criteria. 11 . Air Quality and Noise a. Dust control measures, such as daily watering , shall 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 pe 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 WTG, or combination of WTGs shall be operated so that the noise created exceeds the noise element standarG in the Riverside County General n' an. Noise levels wil ' also be monitored as described in lac Delaw . 12. Soils a. Access roads shall De properly built in fl000 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 . 13. Vegetation a. Natural vegetation shall be cleared or trimmed only when necessary to provide suitable access for construction, operation and maintenance of the system. 11 • s b. Where vegetation needs to be cleared for construction out not actual ` operations, it shall be clipped at ground level to allow resprouting. 14. Wildlife b . The Holder shall meet all the requirements contained in Suqqested Practices for Raptor Protection on Power Lines. Prior to construction, The Holder shal I provide the Aut orized 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 icer . lc . Banc 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 diame:er 7r om the north and south property lines anc three (3) rotor diameters from the east and west property lines. 4 b . Notwithstanding the provisions of 15a aoove, 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 ridnt-of-way that the adjacent iancowner aerees to the elimination of :he wine access setbacks) and will not deveioo nis lano in such a way :c oecrease wine 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 niahways, railroads , buildings , transmission lines (66 KV and above) , other structures, and developed springs. d. No WTG shall be located such that a transmitted microwave signal is directly impeded by a WTG . : . Hoider shall take ail necessary orecautlonS t0 dr event =2ie; ' S ':on interference when sltlnq WTGs . In :hose cases where a w1G - s sited In the direct path between the receiver and television station and normal mitigation is ineffective, the Holder snail " - ) pay initial n00K-up fees for resident cable TV or, (2) instail a TV translator. as ab- proved by the Authorized Officer. f. 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 12 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. 16. Visual Resources a. Jind turbine generators, foundat'.ons, and ouiloinas Niii de oainteo to blend into the surrounding environment, unless special coloration is necessary for public safety. The Authorized Officer will approve the color scheme chosen for each pnase of the project . b . Holder shall ensure that no paint or permanent discoloring agents arg applied to rocks or vegetation for indicating survey or construction♦ activity limits, points, etc . c . To aid in mitioatino visual impact, cut and fill slopes for roads shall be shaded to existino land contours anere possible . all natural drainages shall pe preserved . -11 clear nos of -onstruct on areas shall oe free form and snap resoono to the ex steno Forms and snaces in the area ( i .e . , use of curvilinear snapes rather than recziiinear) . Temporary sites shall be kept as small as possible and shall be located in areas of minimum vegetation and slope where possible. 17 . Cultural Resources a. Should evidence of previously undiscoverea archaeological , historical , or paleontological materials be exposed by ground disturbance during construction, the Molder shall suspend construction activities in the immediate area, leave :he materials intact, and "ot'fy t,ne author zeg Officer immediately. o. -he Authorized Off icar snap anoaae a 7ua : , f- ed prof ess Iona' to inspect and evalute the discovery within ten ( 10) workino days . Avoidance measures, monitoring by the oualified professional , or salvage operation, if judged necessary by the Authorizeo Officer, snail Se implemented by :he ,Molder an❑ shall oe comoleteo and approveo 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. c . 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. 13 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. -he Hoioer shall make separate appiication, uncer aoplicable statutes and reculations, for additional authorizations to use or occupy puolic lands or natural resources thereon ( including , but not limitea to sand and gravel ) , in connect 'on with the system. } } 14 EXHIBIT B. • Parcel Map - Whitewater Floodplain 20/22 �slit7 III � i xli I II 11 II II � II L— L__ll + I t�ll7ls.. trr i I I 1 r— ------ + II II 1121, II II 11 II SOUTHERN - I 7.5, times rotor diame.ten o}= WTG 1 tlmesrotor dlametff I 'il tal�-!F�!!R�yli►s c .rtar�■a[iw-t' 7Yi i7Fi iti4......11:IF ...... •f.#1k�'>•M�k ft\ � ; dikes - s boundary is 2/3 mile from HWY 111 , • r r tlmeS, rotor. diameter of WTG Y • Ar J! 2f 30 1 29 / 29 T.3S., R_4E•, SBBM. Section 20 •r.■.— ripr-co v bwid.ry -- — reduced rental area Parcel Map - Whitewa}er Ploodpiain 2^/ 22 2 , R. .R. \ z o r r h i. Scuttr oouncaries:.::}::::""":"'� — �'•..:.5:..1mas- !ncor.. .::.a ma. ?.'..:v T.G:: ::- +. r VC X. •:_'•:} ::3 nue.s.- r o'.ta r,•.d i a m e t s r}'?:.?•._: �C�� . ........... % a 1 rwwrr• =ir•rterrs.aTr:tLi1�'Ys "�.i'�i�i'''._.:._�:Un .bare rye::: ; 2'3 ng t-Of- , yanery T.3 S., R.4 E.- S B B M Section 22 SKY = public land boundary r — reduced rental rea California Desert District 1695 Spruce Street Riverside, California 92597 25fo cA-15562 CA-15562-D (C-066.21) FEB 1 1 1985 (3rWMPIED ►MIL NO. P 178 998 675 PXTJRN RECEIPT REQUESTED DECISION Assignors California Wind Energy Systems, Inc. : IW Hotel Circle North Suite 400 : San Diego, CA 9219E Right-of-Way Assignees Oxford Energy Corporation IM4 2151 Michelson Dr. Suite 21S s Irvine CA. 92715 1 Partial Asaign rient AWroyed k ht�-of Amended Additional Stipulations Required on November 23 1984 an application was filed requesting approval of a partial assignment of right-of-way grant CA-15562. Of the remaining 191.E acres within the grant, California kind Energy Systerma Inc. (LWSB) wishes to assign the remaining 1.9 acres in Section 20, T. 36. , R. 4hE., S.B.B.M. to Osnford Energy Corporation. That assignment is hereby approved subject to the following additional stipulations Mich are made a part of the assigned right-of-way grant. 1. The holder of the grant will complete the construction of the wind park according to the approved plan of operations, and be connected to and generating electricity into Southern California hdison's p.oweryrid by hcenuber 31, 1985. 2, ixV it i por, the wirdpark wet produce the minuses mount of ac ed for the windpark basal on its current stage of de • .< enriar year the niniaust n4ount of energy for a wind- pas by using the actual wired histogram, developed for the s windpark, and applying the power curve ag&inyt the histograw. This will result in the total arount of energy that could be produced. the total account of energy will oe "tiplied by .25 (254) to arrive at the winimur, amount of acceptable energy required. This figure along with thc, ?uzi.wran and pxxsec curve(s) will be submitted to the Authorised officer upon request. If the minimum amount of energy has not been produced, the aut-horised officer may take steps to require the holder to rawve the wind turbine gurnerators that are keeping the winldpark from producing the adnimumm Mount of energy. EXHIBIT A 2 of 3 3. The Holder will not autlease or enter into a user agreement that will corwey rights to the reel property of the Unites! States. Tt:e forrats for user agreements rihich authorize bnprovements upon the right-of-way must be approved by the Authorized Officer. 4. Stipulation 7 under Terms and Conditions of Crant In Miblt A is amended to include the following paragraph: To insure that reclamation of the right-of-way is performed to the :satisfaction of the Authorized Officer, a reclamation bond or a certi- fied oenh deFnsit payable to The United States will be obtained before a Notice-to-Proceed will be issued. 271e amount of the bond or deposit will be detersained by the Authorized Officer after reviewing the Flan of Operations. 5. each Month the Holder will submit a copy of the purchasing utilities form that was received from the utility company. The Holder shall submit theca fortis no later than 15 days after they receive the original form from the utility comiany. oxford Energy Corporation is now bound by all the terms and conditions of right-of-way grant CA-15562 and by the additional stipulations stated in this decision. An addi- tional casefile will be established to reinstain the documents pertaining to Orrford Enerqy Corporation's assigned rights. '`hat castflle will bear the serial nilow-st' CA-15562-0. ChfS' grant will remain in cosefile CA-15562. CWS no longer has iaV rights, nor is bound by any of the obligations to the public lands assigned to Arrford energy Corporation. ChES' grant CA--15562 no longer has any rights within section 21, T.3S. , R.4E. ,S.S.R.M.. The ramaining 100 acres of the right-of-way are located within Section 22, T.3S. , P.4E. 0 S.B.B.M.. The right-of-�way map for CA-15562-0 is included in this document, and identified as Exhibit B. The air-aunt of acreage and rental for right-of-nays CA-25562 and r-A-15562-b are as follows: Casefile Acreage Rental CA-15562 160 $ 54,106.00 CA-155 Q--D 1.P. 973.91 If the applicant is adversely affected by this action, there is right of appeal to the Foard of Land Appeals, Office of the Secretary, in accordance with regulations In 43 CM, Part 4, Subpart B. If an appeal of this decision is taken, the notice of ar-peal =mt be filed in this office (not with the Boars:) within 30 days of receipt of the decision so that the cast file can be sent to the Board. A copy of the notice of appeal and of any statement of reasons, written argumnants, or briefs must be servea upon any adMetM parties, and in addition, to the Per71onal Solicitor, Pacific South- west Region, V. s. Dq*rtment of the Interior, 2801D Cottage way, Roan b-2763, Srcramento, 'Ch 96s25, within 30 days of the filing of any specific document. If the procedures set forth to the regulations are not followed, an appeal is subject to dismissal. Form 1842-1 is enclosed for additional information. Sincerely, Gerald E. Billter Aistrict manager Enclosures cc: 002849 n,ra CA -15562-D t EXHIBIT B Parcel Map - Whitewater Floodplain 20 ilk it II III 111L j � JII / t�l � te I r r----- I I21 frii � ll 11 II ii II sourh'ERN ®mon mesa"©m200��e®f1,t lm®II®m�0��mmeE�CmfJ® ��Ll9 Os® 7 .�i7• ' 3 3 t I s - a . t Y,.n ■ boundary Is 213 mllo from H 111 341 3f) 129 v281 2C T 3S.. RAE., S88M. Section 20 reo* *I way boundary 002850 Serial 3 nA-/Sj-r z. ,�,, LAND REPORT AND DECISION 'RECORD Type of Action ZeL A516A)Aff07_ District California Desert Applicant's Name _IL' . ",, e- sw�������T lea Resource Area Indio Address /4Gt) A,O7&, eiArZz.0 YoeT,y_S•rEPWState California 0.4,00 plEGO _ em 9,Z/0A County Riverside LANDS INVOLVED Township Range Meridian Section Subdivision Acres Length Width 3 S . yf. ; .A . I. Environmental Compliance We have reviewed the proposed action and have determined the action will have no significant effect on the quality of the human environment, and will not involve unresolved conflicts concerning alternative uses of avail- able resources. This action as listed in 516 OM 6 Appendix 5.4 B 34— is categorically excluded from the NEPA process. The nine excepttians to a categorical exclusion as listed in 516 DM 2.3A(3) do not apply. Land Use Proposal Reviewed by: Area Manager j �i i � . (�CvL� _Date Environmental Coordinator 1�C�m; [�oF = Date I concur: /- NCTINO District Manager Ll� _ .0ate II . Review/Decision review. I have reviewed the recommendation on the land use proposal contained in the Land Report and find it is technically adequate and that consideration has been given to all resource values. I recommend that the recommendation on the proposed action be approved as the Bureau's decision on the proposed action. Prepared by: Realty Specialist 2 s Oatz Reviewed by: �y,/ Area Manager Ol.-{.I�.�.Gc� Date Decision. I have reviewed the recommendation on the proposed action contained in this Land Report and approve the recommendation as the decision of the Bureau on the proposed action. OC2E.1 UNITED STATES ( DEPARTMENT OF THE INTERIOR Identification No. on Bureau of Land Management Environmental Roster: NEPA CATEGORICAL EXCLUSION REVIEW Categorical Exclusion #5.4 (B)3S- Project Identification: (Project name, location, serial number, etc.) CA- IS.r4 Z., {a C4. ll�G 2 -D Department of Interior Manual 516 2.3.A(3) provides for a review of the following nine -criteria for categorical exclusion review to determine if exceptions may apply to this specific project. 1. Has significant adverse effects on public health or safety. Comment: N/A 2. Adversely affects such unique geographic characteristics as historic or cultural resources, park, recreation, or refuge lands, wilderness areas, wild or scenic rivers, sole or principal drinking water aquifers, prime farmlands, wetlands, floodplains, or ecologically significant or critical areas, including those listed on the Department's INational Register of Natural Landmarks. 3. Has highly controversial environmental effects. Comment: N/A 4. Has highly uncertain environmental effects or involves unique or unknown environmental risks. Comment: N/A 5. Establishes a precedent for future action or represents a decision in principle about a future consideration effects. Caamient: N/A 6. Is related to other actions with individually insignificant, but cumulatively signifi- cant environmental effects. Comment: N/A 7. Adversely affects properties listed or eligible for listing in the National Register of Historic Places. Comment: N/A 8. Affects a species listed or proposed to be listed on the list of endangered or threatened species. Comment: N/A 9. Threatens to violate a Federal, State, local or tribal law or requirements imposed for the protection of the environment, or which require compliance with Executive Order 11988 (Floodplains Management) , Executive Order 11990 (Protection of Wetlands) , or the Fish and Wildlife Coordination Act. Comment: N/A Stipulations Required: I have reviewed the proposal in accordance with the above nine criteria and have determined that the proposal would not involve any significant effects. Therefore, it does not repre- sent an exception, and is categorically excluded from further environmental review Signature of Pre parer — Date I concur: /�� / ��JJ Cl/f/ Yam_ Authorizing Officer �� Date GG28� NOV 05 '85 17:21 SERWEST INC. P.2 tMEN or tH IN REPLY REFER TO: 'T United States Department of the Interior o BUREAU OF LAND MANAGEMENT California Desert District 1695 Spruce Street 2800-WE Riverside, California 92507 CA-15562-D A4'3 16 W (C-66.21.� CLMFffi) MA::L NO. P197190144 RETURN RECEIPT REV-1ESTED DFY 2S_oN Assignor: Axford Energy Corporation 2212 Depart, Suite C , Irvine, CA 92715 , Right-of-Way Assignee: CA-15562-D Seawest Energy Group, Inc. 1660 hotel Circle North, Suite 400 San Diego, CA 92108 , Assignment Approved On May 1, 1985, Oxford L'hergy Corporation submitted an applicatinn to assign, in total, right-of-way grant CA-15562-D to Seawest Energy Group, Inc, The assignee is qualified to be a right-of-way holder. All rental fees have been paid. The right-of-way assignment is hereby approved. Cxford Energy Corporation no longer has any rights or obligations to right-of-way grant CA-15562-D. Q1 February 11, 1965, right-of-way grant CA-15562-D was amended to include additional stipulations. A copy of the amendment is attached to this decision. If the applicant is adversely affected by this action, there is a right of appeal to the Board of Land Appeals, office of the Secretary in accordance with regulations in 43 CFR, Part 41 Subpart E. If an appeal of this decision is taken, the notice of appeal must be filed in this office (not with the board) within 30 days of receipt of the decision so that the case file can be sent to the Board. A copy of the notice of appeal and of any statement of reasons, written arguments, or briefs must be served upon any adverse patties, and in addition to the Regional Solicitor, Pacific Southwest Region, U.S. Department of Interior, 2800 Cottage Way, Room E-2765, Sacramento, CA 95825, within 15 days of the filing of any specific document. If the Procedures set forth in the regulations are not followed, an appeal is subject to dismissal. Form 1842-1 is enclosed for additional information. 9'4-'LtEte9 5--f 4c . Gerald E. Hillier District Manager Enclosures (2) EXHIBIT A 3 of 3 s s NOV 05 'B5 17:22 SEAWEST INC, p 3 'orm IB42-1 UNITED STATES December 1960) DEPARTMENT OF THE INTERIOR BUREAU OF LAND MANAGEMENT INFORMATION ON TAKING APPEALS TO THE BOARD OF LAND APPEALS DO NOT APPEAL UNLESS 1. This decision is adverse to you, AND 2. You believe it is incorrect IF YOU APPEAL, THE FOLLOWING PROCEDURES MUST BE FOLLOWED 1. NOTICE OF APPEAL . . . . Within 30 days file a Notice of Appeal in the office which issued this decision (see 43 CFR Sec. 4.411). You may state your reasons for appealing, if you desire. 2. WHERE TO FILE NOTICE OF APPEAL . . . CALIFOANIA DESERT DISTRICT OFFIC$. 1697 SPRUCE STREET RIVERSIDE,CA 92507 3. STATEMENT OF REASONS Within 30 days after filing the Notice of Appeal, file a complete statement of the reasons why you are appealing. This must be filed with the United States Department of the Interior. Office of the Secretary, Board of Land Appeals, 4015 Wilson Blvd., Arlington, Virginia 22203 (see 43 CFR Sec. 4.412). if you fully stated your reasons for appealing when filing the Notice of Appeal, no additional statement is necessary. 4. ADVERSE PARTIES . . . . Within 15 days after each document is filed, each adverse party named in the decision and the Regional Solicitor or Field Solicitor having jurisdiction over the State in which the appeal arose must be served with a copy of: (a) the Notice of Appeal, (b) the State- ment-of Reasons, and (c) any other documents filed (see 43 CFR Sec. 4.413). Service will be made upon the Associate Solicitor, Division of Energy and Resources, Wash- ington, D.C. 20240, instead of the Field or Regional Solicitor when appeals are taken from decisions of the Director (WO-100)or if the subjectmatter of the appeals involves mineral activities on the Outer Continental Shelf. S. PROOF OF SERVICE . . . . Within 15 days after any document is served on an adverse party, file proof of that service with the United States Department of the Interior, Office of the Secretary Board of Land Appeals, 4015 Wilson Blvd., Arlington, Virginia 22203. This may con- sist of a certified or registered mail"Return Receipt Card"signed by the adverse party (see 43 CFR Sec. 4.401(ex2)). Unless tbese procedures are followed your appeal will be subject to dismissal (see 43 CFR Sec. 4.402). Be certain that al' communications are identified by serial number of the case being appealed. =F 1' .Y 1 v� PLAN OF OPERATIONS for WIND ENERGY DEVELOPMENT u =e, in j Sections 20 and 22 , T3S, R4S, San Bernardino Base Line and Meridian for Y CALIFORNIA WIND ENERGY SYSTEMS. INC_ 1660 Hotel Circle North, Suite 400 San Diego , CA 92108-2874 Prepared By: ASL Consulting Engineers 2045 E. Tahquitz-McCallum Way Palm Springs, CA 92262 (619 ) 320-4220 EXHIBIT C ! ; PLAN OF OPERATIONS TABLE OF CONTENTS PAGE I. PROPOSED OPERATIONS 1 _ II. LOCATION 1 try III. CONSTRUCTION SCHEDULE 1 d IV. WIND TURBINE GENERATORS "F A. GENERAL CHARACTERISTICS 2 ti B. ELECTRONIC CONTROL SYSTEM 2 f: C. SAFETY FEATURES 2 vw< Y; D. BLADE CONSTRUCTION 3 E. TOWERS 3 V. SITE SPECIFICATIONS s`-- r �7 y A. SECTION 20 : N 1. DIMENSIONS OF FOUNDATIONS 3 2. EARTHWORK 3 -1 3. TURBINE SPACING 4 B. SECTION 22 �t 1 . DIMENSIONS OF FOUNDATIONS 4 lY Ti 2. EARTHWORK 4 "E 3. TURBINE SPACING 4 a C. EXCESS EARTHWORK VI. CONTROL SYSTEM, DISTRIBUTION SYSTEM, AND MAINTENANCE AREA A. CONTROL SYSTEM 5 B. DISTRIBUTION SYSTEM 5 C. MAINTENANCE AREA 5 1 VII . METEOROLOGICAL SURVEILLANCE SYSTEM 6 ; VIII. ACCESS ROADS 6 `F t IX. SECURITY AND SAFETY OF FACILITIES 7 -kx X. PUBLIC CONTACT PLAN 7 >' XI. OTHER CONSIDERATIONS A. AIR QUALITY 7 B. FLOOD HAZARD 7 C. FIRE CONTROL 8 D. ENVIRONMENTAL CONCERNS 8 E. EROSION AND SEDIMENTATION CONTROL 8 F� F. EARTHQUAKE HAZARD 9 �+r G. WASTE REMOVAL 9 XII . PRECONSTRUCTION ACTIVITIES 9 'k XIII. CONSTRUCTION PERSONNEL AND EQUIPMENT 9 XIV. REVIEW OF PLANS 9 +1 APPENDIX : a FIGURE 1 r; FIGURE 2 FIGURE 3 h FIGURE 4 '+ FIGURE 5 FIGURE 6 FIGURE 7 FIGURE 8 ii ATTACHMENT 1 ATTACHMENT 2 ATTACHMENT 3 ATTACHMENT 4 iii I. PROPOSED OPERATIONS The proposed operations for the development of Sections 20 and 22 (T3S, R4E, SBBM) by California Wind Energy Systems consist of the construction and installation of wind turbine generators (VITG's) , the control buildings, access roads and related transformers, and connection to existing Southern California Edison facilities. The development will consist of approximately 290 WTG ' s constructed on Section 20 and 410 WTG' s on Section 22 , (See Figures 1 and 2 ). II. LOCATION Sections 20 and 22 are located approximately 4 miles north of downtown Palm Springs, (See Figure 3 ). The two sections are situated between Highway III and Interstate 10 with the eastern boundary of section 22 being Indian Avenue. The project is located within the floodplain of the Whitewater River. The ground slopes up to the west beginning at an elevation of approximately 650 feet in Section 22 and reaches an elevation of approximately 910 feet in Section 20. The development in Section 20 will occur primarily on existing and proposed spreading basins constructed by Coachella Valley Water District (CVWD ) , minimal development will occur in the floodway. All proposed development in Section 22 will occur in the Whitewater River floodplain. IIl. CONSTRUCTION . SCHEDULE Construction is tentatively scheduled to begin in July of 1984 . The exact date for the commencement of construction will depend on the processing times for all necessary permits. A tentative construction schedule is shown on Figure 4. The construction schedule does not reflect the hours of work. Due to the weather conditions in the area, the construction schedule does not coincide with the 6 :00 to 5:00 work schedule normally used. Construction during the summer months will typically begin in the early morning hours (5: 00 - 6:00 A.M. ) , and end in the early afternoon due to the summer heat and high winds occuring in the afternoons. The maintenance required after construction is completed will typically occur during the same time period. 1 IV. WIND TURBINE GENERATORS A. General Characteristics The generators to be installed on the sites will be two types, both types being installed on each Section. The majority of turbines will be Viking 60/13 turbines manufactured by Micon Energy Systems. The remainder of the turbines will be the Entertech 44/40 manufactured by Entertech Corporation. The Micon turbines will be in either groups of 7 ,10, or 15 with one control building for each group. The Entertech turbines will be in groups of 12 with one control building for each group. All towers will be installed on a reinforced concrete foundation. Towers located on the CVWD dikes will be placed on a slab foundations. Those towers placed in the Whitewater River floodplain will be constructed on foundations designed to withstand the 100 year flood event (See Figures 7 and 8). Attachments 1 — 4 gives specific design information for each type of WTG. B. Electronic Control System Both types of WTG 's are supplied with an electronic control system which monitors all functions of the generators. These systems allow for automatic start up of the generators and connection to the power grid system, monitoring of all operating functions and disconnect from the power grid. C. Safety Features The electronic control systems also monitor all safety factors for the turbines. In the event any safety standards for the turbines are exceeded the control system automatically applies the brakes and the WTG is shut down. The Mi ^nn turbine has an added safety feature of an automatic goo yaw of the blades and generator in case of a malfunction. The safety features monitored include : Blade overspeed Blade imbalance Generator temperature Brake pad wear Grid connection 2 D. Blade Construction Blades for both types of turbines are constructed of fiberglas- reinforced polyester. The Entertech WTG blades are "cold molded" , epoxy laminated Douglas fir covered with, a layer of fiberglas. The Entertech blades have an added safety feature of blade tips which deploy spoilers to slow the blades before the maximum blade speed is reached. The blades used on the Micon VJTG have never experienced a blade separation. E. Towers The towers for the Micon WTG will be a single steel tube 75 feet in height. The tower has a diameter of 6 feet at the base , (See Attachment 2 ) . The Entertech towers consist of three small steel tubes connected together with a framework for stability. The tower height is 80 feet, (See Attachment 4). Due to the adverse effect of blowing sand , the towers will not be painted. All towers will have only a galvanized metal finish. V. SITE SPECIFICATIONS A. Section 20 1 . Dimensions of Foundations The turbines in Section 20 will be placed on two different types of foundations. The area of both types of foundations will be 324 square feet (18 ' X 18 ' pad). The area of influence for the turbines will be approximately equal to the foundation pad. 2. Earthwork The earthwork for the foundations will vary depending on their location. Foundations placed on the dikes in Section 20 will require minimal excavation. The earthwork required for these pads will consist of removal of an area 18' X 18 ' and three feet deep, approximately 36 cubic yards. Foundations placed in the floodway will require greater excavations due to the protection needed for the 100 year flood. These foundations will require an area approximately 36' X 36' and 10' deep to be excavated 3 • i (approximately 475 cubic yards; approximately 45 cubic yards will need to be disposed of after foundation construction ) . 3. Turbine Spacing The WTG' s will be spaced at least two blade diameters laterally (with adjustment for wind direction) along the levees with the 450 foot levee spacing used for all downwind spacings. These spacings give 110' lateral spacing for the Micon units and 90' for the Entertechs B. Section 22 1 . Dimensions of Foundations Both types of turbines on Section 22 will be placed on foundations which provide protection from the 100 year flood. These foundations will be approximately 18 ' X 181. The area of influence of the turbines will be approximately equal to the foundation pad size. 2. Earthwork All foundations will require an area approximately 36' X 36' and 10 feet deep to be excavated. Approximately 475 cubic yards of material will be removed with approximately 45 cubic yards of excess material to be disposed of after foundation construction. 3. Turbine Spacing The turbines will be spaced at least two blade diameters laterally and eight blade diameters in the downwind direction. All rows of turbines will be placed perpendicular to the predominant wind direction so no spacing adjustment is necessary. The spacing used for the WTG's are 105 feet laterally, and 420 feet in the downwind direction for the Micon type turbine; 90 feet laterally and 352 feet downwind for the Entertech type turbine . C. Excess Earthwork All excess earthwork will be disposed of on- site . It is anticipated that excess earth will be used as fill for roadway construction . 4 VI . CONTROL SYSTEM, DISTRIBUTION SYSTEM, AND MAINTENANCE AREA A. Control System The control system for the WTG ' s will consist of one control building for each group of turbines with one central computer to monitor all aspects of the wind farm's performance. The microprocessor, which monitors the WTG, will be located in the control building of its group. The microprocessor will obtain wind characteristics from the anemometer on the site , along with information from the turbine, to determine whether to connect the turbine with the power system. Each machine will be able to connect to , and disconnect from the power grid automatically based on the information supplied to the microprocessor. All power produced by the WTG ' s will be monitored by the microprocessors located in thecontrol buildings. The control building will also house the manual safety over-ride for each turbine. Each turbine, or complete groups of turbines, can be manually shut down for maintenance. The manual shut down can also be used as an extra safety feature if the automatic safety system fails to operate. Each control building will be tied into a central computer which will record the power production for the two sites as a whole. This computer will relay the data to the wind farm manager' s office. B. Distribution System All power produced by the WTG ' s will be transmitted by underground wiring to transformers located at the control building. The power will then be transmitted above ground on poles to a collector line which will be installed by SCE along the southerly boundary of Section 22 and 21 and intersecting Section 20. C. Maintenance Area A three acre fenced construction and maintenance area for the two sites will be located on Section 22 near Indian Avenue. There will be a 100' X 100' concrete slab with a lean- to covering constructed on the site. During the construction phase of the project, the slab will be used for turbine construction, with the yard area used for storage. After construction is complete , small offices may be built on the slab for the wind farm managers and maintenance crew. 5 The maintenance area will be located on the fringe of the apparent Whitewater River floodplain. During construction the area will be used for storage and assembly of the WTG components. Permanent structures, when built, will be raised a minimum of one foot above the surrounding terrain so little flood damage is expected. Blowsand is anticipated as the major cause of damage for the storage area. VII . METEOROLOGICAL SURVEILLANCE SYSTEM The meteorological surveillance system to be installed on the sites shall consist of anemometers mounted on poles. There will be approximately 15 anemometers installed in Section 20 and 36 in Section 22. The exact location for each anemometer will be determined by a meteorologist during construction. VIII . ACCESS ROADS Approximately 10.6 miles of access roads will be required off the Coachella Valley Water District' s (CVWD ) levees for the two areas. The desired roadway width is 14 feet except in those locations where passing areas are needed and the road will need to be widened to 28 feet for approximately 75 feet. Due to the nature of the soils on the two sites, the roads will need to be graded and compacted to accommodate the heavy machinery used during construction. In areas where the roadways cross the small washes on the sites, fill will be added to the washes. Where larger washes (over 40 feet wide ) are encountered , the roadway will dip down into the wash to cross. In all areas where fill is added to washes, a low spot will be constructed in the middle of the wash to allow water to cross the roadway and not be redirected (See Figures 5 and 6). Care will be taken during construction not to disturb any of the existing flow patterns. Where possible , excess excavation material generated during foundation construction will be used as embankment material for the roads. The area of land to be disturbed by the access roads is approximately 18.0 acres excluding roads constructed on the CVWD levee system. The following table lists the approximate area of land to be disturbed after all construction is complete, excluding roadway work done on the levee system. 6 Table I Disturbed Area Description Area Sites ( 700) 5 .2 Acres Roads (10.6 Mi. ) 18.0 Acres Control Buildings (70 ) 3 .2 Acres and Maintenance Area TOTAL: 26 .4 Acres IX. SECURITY AND SAFETY OF FACILITIES Security personnel will patrol the two sites as needed during all phases of the turbine installation and operation. Fencing may also be installed to prevent damage caused by vandalism . However, due to the location in a floodplain, fencing will be kept to a minimum. In addition to patrols, gates will be installed on the CVWD levees to control access to the turbines. Fencing will be installed in Section 22 the length of the project boundary on Indian Avenue along with approximately 1 , 000 feet along the southern boundary of Section 22 going west from Indian Avenue. X. PUBLIC CONTACT PLAN All public contact will be handled by Gerald Stone , the Project Manager for California Wind Energy Systems. A sign showing who to contact, and where , will be posted at the entrance to the project on Indian Avenue. XI. OTHER CONSIDERATIONS A. Air Quality No change in the present air quality of the area is anticipated due to the installation of the turbines. B. Flood Hazard Due to the site locations in the Whitewater River floodplain, flood waters are anticipated. The proposed WTG foundations in the floodway of Section 20 and the floodplain in Section 22 will be designed to withstand the 100 year flood event. Hydraulic calculations 7 give a water surface depth of approximately 5 feet in the floodway in Section 20 and 2 to 3 feet in the floodplain in Section 22. Roadways will be designed to cause minimal changes to the existing drainage patterns. It is anticipated that roadway maintenance will be required to repair storm damage. All roads crossing existing washes will be designed to wash out during storm flows rather than dam the wash causing waters to divert to a new drainage course. C. Fire Control According to Jim Johnson, the Deputy Fire Marshall in Indio for Riverside County, the project is located out of the area designed by the county as a hazardous fire area. Fire control during construction shall be the responsibility of the contractor. No actual fire control facilities will be maintained on the sites after construction is complete, but several conditions will be maintained for fire prevention. (1 ) No brush will be allowed to grow within 12 feet from any tower and 30 feet from any building. (2) All control buildings will be furnished with a type 40- BC Halon fire extinguisher. D. Environmental Concerns The primary environmental concerns for areas in the Coachella Valley is the habitat of the Coachella Valley Fringe-Toed Lizard. Although the proposed WTG sites are close to existing lizard habitat, their location in the Whitewater River floodplain should exclude any actual lizard habitat. Measures will be taken during construction of the WTG ' s to avoid any possible lizard habitat or any rare or endangered vegetation which may be encountered. E. Erosion Sedimentation Control Due to the location in the Whitewater River floodplain , no direct measures will be taken to lessen erosion or for the control of sedimentation. Care will be taken to maintain the existing flow patterns which in turn will lessen the erosion which may be caused by construction on the two sites. The soils on the two sites, being a sandy type of soil , are subject to erosion under flooding conditions. It is felt that any measures taken to lessen erosion in one area will increase the erosion in another. 8 � s F. Earthquake Hazard The Garnet Hill Fault is shown to cross the northern boundary of the sites. This fault is considered inactive by the State and as shown on the Special Studies Zone Map and is therefore not considered a threat to the sites. G. Waste Removal During the course of construction the contractor shall be required to: (1 ) Remove all waste oil , lubrications, gasoline and any other volatile or non-biodegradable substances from the sites and dispose of them at a legally acceptable disposal site. (2) Maintain chemical toilets on site during all phases of construction. It is anticipated that no wastes will be generated on site after construction is complete. XII . PRECONSTRUCTION ACTIVITIES Preconstruction activities such as site and access road surveying , site inspection , and soil sampling would all be considered as minimal disturbance activities_ XIII. CONSTRUCTION PERSONNEL AND EQUIPMENT The work force to be used during construction will be obtained primarily from the local area. Some representatives of the turbine manufacturer' s firms may also be on site during construction to supervise installation of the WTG's. The maximum anticipated work force at any one time is expected to be from 100 - 150 persons. Heavy equipment during construction will consist of graders , concrete trucks, water trucks, bulldozers, cranes and tractor- trailer delivery trucks. There will also be miscellaneous smaller equipment on site. XIV . REVIEW OF PLANS In accordance with the request of the Bureau of Land Management, the site and foundation plans will be submitted to the Riverside County Building and Safety Department for their review and comment. 9 SECTION 20 T3S, R4E S. B. B. &M. 18 17 17 16 19 21 Cf � 1I�,a�1a Y� ��a�a� act al� asa aka ar ■ .�. ■ ■ � ■ ■� ■ ■ o■■� co Qto y j NC ♦, � i� l� CID 11 1 c\lco co ♦,�/f I �l �l � 30 29 LEGEND 29 28 i SETBACK LINE PROJECT BOUNDARY ----- - ACCESS ROAD I I t~If�f fRF h N �ray � �r o t s � �I.�RU ALL . IJ�Lt.F•�oil1�3J�81JJi�_� i era��1�.!� ' - -4Z VV l s AT 105' O.C. - cn AT-1105 0.10 --_----=� fa i d 40 WTG's A 1105 O.Q p --- ----- ---------,__-- 1 — - - 39 WTGs AT 105' O.Q --- - I cv —737 WTGS AT 105' O.Q - ---�® w I I . - _ _L__ _ ♦ co M IS m m 1NTG s Z ® I - > _0 Cl) --_------- I —r— -- --� • W 0 m —I IF ; W m C- ED ai cmi cDi �1`- ------32 WTGT'tQ5"CxC O r p 24 WTGs AT W QQ "�-I m 24 WTGs AT:90' QQ�'� > p 24 WTG s AT N � t �1 In 1 m 1 m 1 m 1 � I � 1 m t .al N N W p _ r�g •Id •I_- ,St^ gip• RsrA jr �• o.:.o:C� 1. 44 ` 9 i rl3 'a...o.s _ _ JD•A <.)J r � I 3 •-INCR,.f- _Y`_ ',�SvOtlr .Q.L�. .... w • � Srnel , BM 1 � •. 1 �L-�lOr l r �' 1 y20 21 22 ` 61. eR t PROJECT eRaxeF�q�d,yp 26�!' LOCATION 4 -_-_-_ _-_ _ _ 1 I •� �!¢LN �T"A -� CITY pUNDaAY- B.617 BN 1N 3, 35 I i6 UNDART R— 1 ^ /IY AL V.1\Cl41LNtt .I J' `(ILUA CALICNT6 I - yr• 9. i ` •cUA CA L+[x T[ IMDIAx 2 r . 1\1M DIAN I _ INDIAN •CS •' :'f/ {-� I C I ' LLSERYatItlSdY 1a '" `A[SF RYA TIRN O t YJI µoAT- • 4.! I RO'I ..r•.✓••••.,' 1w• fYl R a+mo lo.r �q•a.o'� am s r �. _ .._ c! •'..c'`•• • ...rC��h-c�a ¢j.L/'IfB✓-�,11'�`� / 8 4' ! 1 �r- � I .Z wcve c<u. IR' INS-AN I,G_'lti lND1,wN DY•>!`I/ / < ` I V L •1�✓.__ 1�? i )., •v �. '�. I � Bnt Res[RY At 01 C 7•�S '11''��Y-� � ,: .� �.�-, l� 1 �.t<°_ P ]:Lhi • 'fir-•�-�,�!? _ i J" , � Lr vZ S n:,?Iil c, ti / i ___''""''"'"'SSSSS[ND lia,':r i.i)r a i i`l•,}r/ ` l� 7 1- 13 C I R JTnflm.r� t— _ o •SDUA C.LICNL I `l 11� LLCA ULI[MTC x�") t ,',lr[,,��i�)/y. /',J j Zt,'•'� ) 1 j. �� f •C. i• ;.o:. r`` •fuh4uit JAC I R C INoI<N .Y LI¢t Y�T1DN' 1 1 /p xF ACYATIDN •x� .-. �'/ / .•.-'.l "./�:_` t S ( Lra../M3 51J r <I R .,_ `\1{I1r , S •r_I Tcik� , ,r � J '. 7Dia+•:+,Ft,m) .J Ien.]D I _ !,T'%/�s'.'^. p `;c :�:�. (,i' .f M. V� � �.; :,' J�n1 IY�y •ae' S S<hT� i � ' A - T 4 �9cI1 ,Acu DAl Iix TL/x' l S �T.Y.�/r' f•-a�• Q�'1 �.--.. ��:1 "•4T;-..�- ��<A ICr+r:.�':-:...'',_v1' , .. �� 1/) �• •+. r I \�V f1 1. - ` /'��a ael "•'F':z� r- }' IN DfAM �!�• _ 1�-W IMDLLM li M•n'. .1 _'a< J �-^S "A`L" �^.-..t �,�' �.. VVV. / J '_�w .-._d •. ai [� �y � tt �;.+ �' RFc)Ilr.noN-.f l=lr%l IMC CONSTRUCTION SCHEDULE ACTIVITY 1984 1985 JUNE JULY AUG SEPT OCT NOV DEC JAN TO DEC 31 , 1985 PLAN OF OPERATIONS - SUBMIT X - NOTICE TO PROCEED X SITING AND STAKING - SITES 191 1® 1101441®11111I®1®I I>st IHIY101 ®1®1®1 ® 11X - ROADS X41111111 lulls 11311101P11111 Imli31ml11219310112101931RX BLM REVIEWS 1 ©1 1 ®IpIIIIII1E31011Ez Ifni ®II12193 1219310. 1m1@' ItX BEGIN CONSTRUCTION - ROADS A11111311111 ME mini lEll ialm 011131MI@IMININX - SITES X1101 131n IE31 11310 ®1131 1E31 101C91131131131131 <X - TOWERS XIIIIE I ® ! MIMI 101 1B113 01@1 113101 MIL1111311511@1 - ELECTRICAL XIIN1011H1 MIEIEI1131M 13101 I ®i 1 ®I ® 1®1@Fltl ® 1 ®1®1HX SCE APPROVALS E 110 1 ® i171181 1 ® 1 IIDI@ 01131 101 ili � ill ® llfll ®1i�31Oc BLM COMPLIANCE calla MIMI 1C31 IMU f= 1131 1010 © 1l� IL3llm1 © 1 � 1 � lE3Dc 1! T� P ` EXISTING WASH ROADt D A AY TOP OF SLOPE PLAN VIEW 4d+ \ EXISTING PROPOSED ROADWAY SECTION FIGURE 5 EXISTING WASH A FROADWAY SED TOE OF FILL SLOPE PLAN VIEW PROPOSED TOP OF ROADWAY EXISTING GROUND SECTION A FIGURE 6 FO'49®A;TION LAY(*1T �I -I �8 PLAN_ VIEW �T i 18 PROFILE VIEW t`I (�1117ir FLOOD PROTECTION PLAN TOWER GROUND LINE --------------------- a w TOWER EXTENSION 0 cc D TOWER FOUNDATIOIN 18� FIMIRF Specifications: Ocurity systems/Safety devices: •It•ticd Pcrlornaantc Ch.natrcnslitn ut Centri It l 1p ❑a iivatcd blade up btakcn Staodartl Sea 1xvc! Condtltnns Tower: lilr(nuuact ham toil, Lail-s:dr disc brake. 171cighr 22 tit - 72 it. (:rill unund: voltage - 4811 Ill"/� Hub Height: 2:1 tit - 75 li. I1equentc - 60 Hz t 0.014t. ;•. ^Y'-► •vim,_ Wright, Incl. rotor & nacelle: 11,500 kg ph.a.r rgt:dity (mutnl. •imp ` t.ea Pow©t _Mph, - - 25,300lbn. !•Ahy :;yv;_ . w ,.".40i`.-°S61S.. Ovcrspced indu(tun scnsur Thai at ivaws - Malcrials/design: Hot-galvanim-d sicul. din( bt.tkc. Internal dricctur of Icio tcra- x)Irgun shaped. with 24 stills lure in main genertor. Internal detector LSD 6:rJ - 4,.SS, 593 Safety: Entrance duns:s only in bouotn of tenaperaure in sm.Jl generator. 0_Is and lop sections. An inside ladder fill SaIC UnIMIAIR• control switch. i'14. Sb`b 35 6U.'6 admill:our it, nacelle. S.dety bell and r\tuunvuir cable racist ronlrtd. jvj if• +• - `,37 SOX,: safety line with fall securing device. Kcv Thermal relay liar %mall gencrator. it arks insure against uuaWhurizcd adnus- -Thermal relay for yaw gear tnulur. 95 �tt;7 siren ua wind gencraotr and installation. Aerodynamic: power kept at constant Rotor' Icvt•1 due to still regulated blades. q;J _ fir No. of blades: 3 Automatic 900 yaw of nacelle, in case of Diameter: 16 rat - 52,49 h. malfunction. zl:' SL- Area of sweep: 200 sq. rat - 2,153 sq.fi. \Y:arning light for worn brake pads. Twist angle: 12 degrees Automatic restart in the event of grid 2G .5n.,)� y:y 16X .c Pitch: Fixed problems. j37 5T:3 .10E' a3,0 ,y Material: Blades arc made of Fiberglas- $29:.._- . ,5 Y`a'-:_ ..�-oYl"3t); -a>4�• -r rcinfurrcd pnlccstcr,without sl.ivsorsvites. Overall Data: Nacelle: Cut-in wind speed: 4 m/s - 9 mph Material: Main frame made ul'steel Power rated: 60 kw (see power curve) wants, st ill: n wants, o which main bearings, gearbox. Cut-out wind speed: None(� � regulated) Slated) disc brake, generators and yams gear are Max. wind speed: 50 m/s - 100 mph - - - iued. Cabin made of steel. An acrodvn;a_ Tip speed: 39.5 rat/s - 88.4 mph approx. tic hood protects the equipment front :ill RPAI fixed variable for both genera- MICON VIKING 60113 ? weather conditions. tors: 13 kw - 33 rpm/60 kw - 48 rpm POWER CURVE - BASED ON - Weight: 4,500 kg - 9,920 Ills. Tilt angle of nacelle: 4 degrees FACTORY PROJECTIONS. "'- Yawing system: Utilizes a Gear motor. Service: Rockwell International will cununcme _ \\treat sane insures blades :arc held at area All bearings, gearbus, gcnci.vurs. pans sealing in mid fcbruan', 1984. at our aptitmtl angle against the wind. gear. ;arc lifetime-lubricated fur minimum Altmuott site. Ro(ktccdd will tent in a(eur- - Control Panel: maintenance. dance with AWEA standards. Location: Tucked safely inside tower, where it is protected against corrosion Electrical: '- anti unauthorized admission. Rated generator power: 13 kw & 60 kw ar'� '""it'•: - `� Function: Automatically operated wind Slake: VEM or ASEA ,. , t - Princi la Induction motor 'r''T generator. Also accompitshed manually P :1�+_ with push buttons. Control panel Lumps Voltage: 480 volts AC _ -shooting. Phases: 3 for easy trouble Hz: 60 ± 0.01 G _ RPDts: 1,200 IN _ ss <t rype: State of the :art, such noted-,lane r urnaprocessors liar all rrlays Unit ready- ar gnat cunnct lion. Transmission: ._u. s 4 searbox: H,uaicn p:urnt. R N li"11.'4 suagr 226o: 25.1 � rating: P k ystcmPaw : arallel shah )al capacity: 411 lint•. - .50 tits M,&EON F-HERGY 5YSTE-E5 ATTAf _% UAA17A1-r I1ilCO dFURBINE & TOWER FAA I . l -. - - o'. - - " ..�,`; '- _.F,:J:«';4 -:S - - _ -�,y 2 .?i:•au��5a�m'-,.pxti,"�..F.'-��<.'?,�,ACC:i'''4_ >.d_)-:,.,^'" ,;.��. - ,.a`�aa.:. :.?..w •;cr �e sF,da•:..'-L:_',`7J:;:.o-"ccr'', { °� -#;��r..^ -. ... __ -`. .:.... ..:� .': '• -' .•� ..- v •. . ,�'l: ': ti$:ejrr�-=!Yb.(+'S%.SsJ.£�>_t�..�.,,;5'TJ:,.i'..C. ;�".,�x�.i �� _`-1+� r:,y'" 5..•r., qt;i.k:n�Y4' ..?y"1 i..-�a� :`i'J _ 'S�,a':`Nro•A.::ti'. ty ',.Wne:aa,�,-+.�..•r'rLti.�..e.z;ya� :.y.:: ,p�. .�ri -�:tr � _ - .... ., A -r T A /'% LJ A A E'to l'7 t � a System ENERTECH 44/40 Transmission Type Utility interface SWECS Type Planetary or triple reduction, helical Output power/ 35 kW @ 25 mph (11.2 m/s) Ratio 1:32 windspeed 40 kW @ 30 mph (13.4 m/s) Rotor orientation Downwind Control System Rotor type Fixed pitch Control panel UL approved steel box with watt meter. Axis of rotor Horizontal windspeed indicator, solid state Rotor diameter 44 feet (13.4 m) control, lightning protection, away Number of blades 3 switch and mercury relay Yaw control None; rotates full 3600 with wind Windplant weight 4100 lbs. (1860 kg.) Brake Shipping weight 5020 lbs. (2277 kg.) Type 2-stage; System design life 20 years Electro-dynamic/mechanical disc Operational Actuation Current and voltage sensor Pe Release Relay and solenoid release Characteristics Braking torque 282 ft. lbs. -dynamic Start-up windspeed 12 mph (5.3 m/s) 75 ft. lbs. - static Cut-in windspeed 8 mph (3.5 m/s) Cut-out windspeed 50 mph (22.3 m/s) Rotor Speed Control Survival windspeed 120 mph (54 m/s) Normal operating Aerodynamic stall speed Generator High windspeed Control system applies rotor brake Type Three phase induction generator, 480 shutdown VAC, 60 Hz. sine wave at all Emergency rotor Blade tip brakes deploy operating speeds. overspeed Output voltage 480 VAC-3 f3 Generator RPM 1800- cut-in 1840- maximum Specifications may change without notice-Output characteristics may vary due to specific site and climatic conditions. ANNUAL POWER OUTPUT ENERGY OUTPUT 313 pC]7 rur CFd rCfr�C Cylf I i ,I k lr 1 L3[..j 4J�CL� 3C1La LXLJ1t 150 t-._-�i �i._�L..-.:14.__ L�_,L AL.... � ' s( Crl ill 9�LALj"L11-Irl�:1i 1 t� �$ `y ): j! '7tt' I Jf if j9 e:_; 1, if-'� i^ ^! 4. .: _si_�3 1__.1,L__.14.=. 17­ a 2u rr_?r('�i�-y`E.3L: E9L i Cp��Ep7 -;� [ {r y u Lr L.,;L..1"_ 1 Li L-.3L1 U111 U IJ'L] -.81. ,s C3CE I4.]E5f �Cr 3CC�O L__. _.ai _ L ,E. _ a .._ f o LILT ! € 0 10 A 00 �0 50 W 0 { 6 10 12 14 16 f1 m WIND SPEED IN MPH AVERAGE WNDSPEED IN MPH Output may vary according to particular site characteristics. These production predictions are assumed for winds measured at hub-height, sea level air density and 60'F temperature. a T's- A /1 s s e A r d 1'T A ENTER'. tCH TURBINE TOWER ,ail I r � f I 14 _ yt.. f � �'—C C� � i � y �y Y3 '_ rw�"`"• � �� -,- T^,^cC it S.�_"^%' M �,;. i�,�'^r - Al s' '�tL-�•:L�..j%.�� "•' 7 � i' 1 �° 'iT`�wM •, .� s R4��?.iis.;.,$•.'�? ��� '�' -.t!', �L e .G.' �� J'� s' S. e •if iy r `�y{� r r. .:� � n t 3 t rr• J'Y�w� �' k��_ �M.��'.,.�..�rh-'` Si+iriii:w���I�YS� �'•.i.'a�r c�bilY�rC'�i^l�."t��.T��i::ill" '.btt4ta�i'��1L�•�1` ,='�tnW```.5"`t1�iy i� ,y"'"ti N."�-' 1 WILLIAM J. ADAMS, CITY ATTORNEY CITY OF PALM SPRINGS; and 2 BURKE, WILLIAMS & SORENSEN J. ROBERT FLANDRICK 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 ) SEAWEST ENERGY GROUP 15 Plaintiffs, ) INCORPORATED (NAMED IN THE ACTION AS 16 V. ) "CALIFORNIA WIND ENERGY DONALD PAUL HODEL, Secretary of the SYSTEMS, INC. " ) 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 j 25 California corporation; and MESA ) 26 WIND CORP. , a Colorado corporation, ) ) 27 Defendants . ) ) 28 EXHIBIT E 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 defendants DONALD PAUL HODEL, Secretary 6 of the Interior ; THE UNITED STATES DEPARTMENT OF INTERIOR; ROBERT 7 F. BURFORD, Director of the United States Bureau of Land 8 Management; ED HASTY, California State Director, United States 9 Bureau of Land Management; BUREAU OF LAND MANAGEMENT; and against 10 defendant SEAWEST ENERGY GROUP INCORPORATED, a California 11 Corporation (named under its former name of "California Wind 12 Energy Systems , Inc. " ) ( "SEAWEST" ) , as well as other private 13 developers . Plaintiffs have challenged, among other things, the 14 validity of Right-of-Way Grants, Serial Nos . CA-15562 and CA- 15 15562 D issued by the FEDERAL DEFENDANTS to the predecessors in 16 interest to SEAWEST, for the construction, operation and 17 maintenance of wind turbine electric generators upon federal 18 land. They have also challenged SEAWEST ' s compliance with 19 certain mitigation measures allegedly imposed on SEAWEST ' s wind 20 turbine electrical generator project . 21 Plaintiffs and defendant SEAWEST have entered into a 22 Settlement Agreement settling all of plaintiffs ' claims against 23 SEAWEST. A true and correct copy of said Settlement Agreement 24 without the exhibits thereto is attached hereto as Exhibit A. 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 SEAWEST. 5 Each side to bear its own costs . 6 7 Dated: November _, 1985 WILLIAM J. ADAMS, CITY ATTORNEY CITY OF PALM SPRINGS; and 8 BURKE, WILLIAMS & SORENSEN 9 10 By Benjamin S. Kaufman 11 Attorneys for Plaintiffs 12 13 Dated: November 1985 SELTZER CAPLAN WILKINS & MCMAHON 14 15 By Elizabeth A. Smith 16 Attorneys for Defendant SEAWEST ENERGY 17 GROUP INCORPORATED 18 IT IS SO ORDERED. 19 20 Dated: 21 22 23 William Matthew Byrne, Jr . 24 United States District Judge 25 26 27 28 -3- �xh►i6i'7' fj M MEMORANDUM TO: J. TERENCE O'MALLEY FROM: DAVID E. HERTZELW 5 RE: PALM SPRINGS LITIGATION -- DESCRIPTION OF RIGHT-OF-WAY GRANTS DATE: AUGUST 27, 1985 ------------------------------------------------------------------ SeaWest Energy Group, Incorporated is the holder of right-of-way grants from the BLM with respect to portions of Sections 20 and 22 of Township 3 South, Range 4 East, San Bernardino Baseline and Meridian, Riverside County, California, more particularly described in the attachments hereto. The BLM refers to the Section 20 right-of-way grant as Casefile CA-15562-D and to the Section 22 right-of-way grant as Casefile CA-15562. A Yk i SECTION 20 The land referred to is situated in the County of Riverside, State of California, and is described as follows: That portion of Section 20, Township 3 South, Range 4 East, San Bernardino Base and Meridian, in the County of Riverside, State of California granted to California Wind Energy Systems per Bureau of Land Management Right-of-Way Grant CA-15562, described as follows: Beginning at the Northwest corner of said Section; Thence South 0-40-35 East , 2,045.28 feet to the True Point of Beginning; Thence South 0-40-35 East, 50.01 feet; Thence North 87-58-31 East, 441 .40 feet; Thence South 12-43-31 West, 582.06 feet to said Scenic Setback Line; Thence South 54-41-08 East, 54.15 feet; Thence North 12-43-31 East, 616.02 feet; Thence North 87-58-31 East, 413 .63 feet ; Thence South 12-43-31 West, 887.75 feet to said Scenic Setback Line ; Thence South 54-41-08 East, 54 . 15 feet; Thence North 12-43-31 East, 921 .71 feet; Thence North 87-58-31 East, 413 .45 feet ; Thence South 12-52-34 West, 356.18 feet; Thence South 54-41-08 East, 54 .10 feet; Thence North 12-52-34 East 441 .87 feet; Thence South 87-58-31 West, 1 ,434.92 feet to the True Point of Beginning, containing 3.8 Acres, more or less, along Dikes A, B and C. 1231 .03 July 25, 1985 i The land referred to is situated in the County of Riverside, State of California , and is described as follows: That portion of Section 22 , Township 3 South, Range 4 East, San Bernardino Base and Meridian, in the County of Riverside, State of California granted to California Wind Energy Systems per Bureau of Land Management Right-of-Way Grant CA 15562 , described as follows: Beginning at the Southeast corner of said Section ; 0 Thence N 89 07 ' 53 " W, 1907 .00 feet to the True Point of Beginning; 0 Thence N 89 07153 " W, 1286.04 feet; 0 Thence N 0 16 '56 ' W, 1580.00 feet; 0 Thence S 89 07 '53 " E, 420.00 feet; 0 Thence N 0 16 ' 56 " W, 2390. 23 feet; 0 Thence S 76 17130 " E, 468 .32 feet; 0 Thence S 28 17 '30 " E, 285 . 22 feet; 0 Thence S 76 17 ' 30 " E, 920.00 feet; 0 Thence S 0 02124 " W, 775 .76 feet; 0 Thence S 89 30 '58 " E, 1316 .02 feet; 0 Thence S 0 09 ' 15 " W, 235 .48 feet ; 0 Thence N 89 07 '53 " W, 1450 .36 feet; 0 Thence S 0 16 '56 ' E, 1168. 50 feet; 0 Thence N 89 07 ' 53 " W, 475 .00 feet; 0 Thence S 0 16 '56 " E, 1241 . 50 feet to the True Point of Beginning , containing 125 .16 acres, more or less. July 25 , 1985 1231 .03