APPENDIX I DRECP Pending Projects and Process

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1 APPENDIX I DRECP Pending Projects and Process

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3 December 17, 2012 Appendix I DRECP Pending Projects and Process This appendix is organized as follows: BLM Pending Projects BLM Existing Applications Criteria for DRECP BLM Solar and Wind Applications with Possible Draft EIS within 60 days of DRECP Draft EIS as of December 13, 2012 CDFG Pending Projects Department of Fish and Game Lists of Renewable Energy Projects in the Desert Renewable Energy Plan Area: Interim Process Status Renewable Energy Projects, or Deemed Consistent with DRECP Preliminary Conservation Objectives and DEIR and/or DEIS or PSA Completed or Likely will be Completed by Fall 2013 Existing Projects as Defined in September 2010 DRECP Interim Mitigation Strategy and May 2010 DRECP Planning Agreement Renewable Energy Projects Not Yet Evaluated under DRECP Interim Process Interim Process for the Desert Renewable Energy Conservation Plan (memorandum dated February 28, 2011) Appendix I I 1 December 2012

4 December 17, 2012 Appendix I DRECP Pending Projects and Process INTENTIONALLY LEFT BLANK Appendix I I 2 December 2012

5 BLM Existing Applications Criteria for DRECP BLM existing application criteria apply to proposed projects on BLM administered land. These criteria do not apply to projects on private, state or local government land. On private, state, or local government land, refer to the Natural Communities Conservation Planning Act and the DRECP Planning Agreement. BLM policy dictates that during a land use plan amendment process, the agency should review all proposed implementation actions through the NEPA process to determine whether approval of a proposed action would harm resource values so as to limit the choice of reasonable alternative actions relative to the land use plan decisions being reexamined. (BLM Land Use Planning Handbook H , Section VII E). Even though the current land use plan may allow an action, the BLM has the discretion to defer or modify proposed implementation actions, such as decisions on individual projects, to reduce the effect of these actions on the resource values being considered in the land use plan amendment process. The appropriate modification to the proposed action is subject to valid existing rights and program-specific regulations. Projects on BLM land that receive a ROD prior to issuance of the DRECP ROD: Some solar and/or wind applications 1 are, or will be, undergoing environmental analysis (NEPA) and decision-making processes between December 2012 and issuance of the DRECP Record of Decision. The DRECP Record of Decision will not affect applications that reach a project-level Record of Decision or Finding of No Significant Impact/Decision Record prior to completion of the DRECP. Projects proposed on BLM lands that do not receive a ROD prior to issuance of the DRECP ROD: Some solar or wind applications are already being evaluated through ongoing, project-specific analysis and decision processes that will not be completed before a DRECP Record of Decision is signed. The land use allocation decisions made in the DRECP Record of Decision (e.g. decisions to establish an Area of Critical Environmental Concern designation or a Development Focus Area) will not affect project applications if they meet any one of the following criteria: 1) A project that is proposed in a BLM Solar Energy Zone and that is considered a pending project under the Solar PEIS (i.e., the project application was filed before June 30, 2009). 2) A project with a published a Draft EIS or EA no later than 60 days after release of the DEIS for the DRECP (expected late summer 2013) provided the project-level NEPA document (FEIS for projects with a DEIS published before release of DEIS for the DRECP) includes: a) Analysis using the best available information at the time of publication, including data developed in support of DRECP conservation and recreation strategies, and b) Analysis describing the relationship between the project and the DRECP conservation and recreation strategies. In processing proposed projects, the REAT agencies will continue to apply the NCCP interim process using best available information to assess any conflicts with preliminary conservation goals and objectives as identified in the DRECP Planning Agreement. 1 The above process does not apply to geothermal projects. Geothermal projects are managed according to regulation 43 CFR 3200.

6 BLM Solar and Wind Applications with Possible Draft EIS within 60 days of DRECP Draft EIS As of December 13, 2012 Application Serial Number Solar/Wind Current Status In SEZ DEIS by Fall '13 NextEra Blythe CACA solar ROD 10/21/10 ROW amndmt. yes yes K Road Calico CACA solar ROD 10/20/10 ROW amndmt. no yes EDF Desert Harvest CACA solar FEIS published 11/2/12 yes yes BrightSource Palen CACA solar FEIS published 5/13/11 yes yes First Solar Stateline CACA solar DEIS published 11/23/12 no yes NextEra McCoy CACA solar DEIS published 5/25/12 yes yes SDG&E Ocotillo Sol CACA solar DEIS published 4/20/12 no yes TerraGen Alta East CACA wind DEIS published 6/29/12 no yes RES Granite Mountain CACA wind DEIS published 4/2/10 no yes Bechtel Soda Mountain CACA solar NOI published 10/23/12 no possible Brightsource Rio Mesa CACA gen tie NOI published 8/29/12 no possible Brightsource Hidden Hills NVN gen tie NOI published 10/11/11 no possible Iberdrola Tylerhorse CACA wind NOI published 7/15/11 no possible The applications listed above could likely become existing applications under the DRECP because they either have reached the Draft EIS stage, or could reach that milestone within 60 days of the DRECP's Draft EIS publication. This list does not consititute a guarantee that the projects above will reach the Draft EIS milestone by the deadline, nor does it preclude applications not on this list from publishing a Draft EIS by the deadline. Additional California BLM First in Line Solar Applications within a Solar Energy Zone Application Serial Number Solar/Wind Current Status In SEZ First Solar Desert Quartzite CACA solar Pre NOI yes EDF McCoy CACA solar Pre NOI yes Solar Reserve Imperial CACA solar Pre NOI yes Ridgeline Gypsum CACA solar Pre NOI yes EDF Chuckwalla CACA solar Pre NOI yes BrightSource Sonoran West CACA solar Pre NOI yes Ridgeline Victory Pass CACA solar Pre NOI yes In addition to applications that reach the Draft EIS milestone within 60 days of the DRECP's Draft EIS, applications in a Solar Energy Zone could also become existing applications under the DRECP. The list above includes additional solar applications in the Riverside East and Imperial East Solar Energy Zones. An up to date list of all BLM solar and wind applications may be found at:

7 Department of Fish and Game Lists of Renewable Energy Projects In the Desert Renewable Energy Plan Area: Interim Process Status The accompanying three tables provide lists of renewable energy projects in the DRECP plan area separated by their status with respect to the interim process as described in the May 2010 DRECP Planning Agreement, the September 2010 Interim Mitigation Strategy (IMS) and the February 27, 2011 "Interim Process for the Desert Renewable Energy Conservation Plan" memorandum from the Department of Fish and Game. Establishment of this process, as described in the Planning Agreement and IMS, is required pursuant to Section 2810(b) of the California Fish and Game Code. The first table identifies renewable energy projects already permitted or have been found to not conflict with the preliminary conservation objectives identified in the DRECP Planning Agreement (clarified in the interim process memorandum) and have or appear likely to have their DEIS, DEIR and/or California Energy Commission preliminary staff assessment completed by August The second table includes "existing projects" as defined in the DRECP Planning Agreement; i.e., they met the criteria set forth in Section 2069(b) of the California Fish and Game Code as it existed at the time the Planning Agreement was signed. According to the Planning Agreement, existing projects are formally exempt from evaluation under the interim process. These projects were identified in the September 2010 Interim Mitigation Strategy (IMS) as "SB 8X 34 Qualified...Projects, most of which were actually evaluated according to the interim process and deemed consistent with the DRECP Planning Agreement's definition of existing projects and consistent with the Planning Agreement's preliminary conservation objectives. The current dispositions of the projects on the list are indicated. The third table identifies renewable energy projects in the DRECP area that have not been evaluated for consistency with the DRECP Planning Agreement preliminary conservation objectives through the interim process. Their environmental review and permitting are still pending. This list in particular must be considered not comprehensive of such projects in the DRECP area. These tables will help inform decisions regarding which renewable energy projects in the DRECP area are or may be exempt from having to comply with the DRECP and which might be given consideration for coverage under the DRECP once adopted.

8 RENEWABLE ENERGY PROJECTS PERMITTED, OR DEEMED CONSISTENT WITH DRECP PRELIMINARY CONSERVATION OBJECTIVES AND DEIR AND/OR DEIS OR PSA COMPLETED OR LIKELY WILL BE COMPLETED BY FALL 2013 Project Name/Developer Tehachapi Renewable Transmission Project - SCE Barren Ridge Renewable Transmission Project - LADWP Abengoa Mojave Solar Campo Verde Solar Centinela Solar Desert Sunlight - First Solar Devers Mirage Devers Paolo Verde Genesis Solar Energy Imperial Solar Energy Center South Imperial Solar Energy Center West Lucerne Valley Solar Mount Signal Solar Ocotillo Wind Energy Facility Palen Solar Power Rice Solar Alta East Wind SEPV9 SEPV2 SEPV8 Victor Phelan Victor Dry Farm Ranch Rosamond Solar Project - SGS Antelope Valley RE Barren Ridge One RE Rosamond One RE Rosamond Two RE Columbia One RE Columbia Two RE Columbia Three RE Great Lakes RE Rio Grande Antelope Valley Solar Project - Renewable Resources Catalina - Enxco PdV - Manzana Alta Oak Creek Mojave - Terra-Gen Windstar (Western Wind) Coram Map 198 Coram Map 197 Pacific Wind Enxco Alta Infill ("6 and 8") Alta Infill II ("7 and 9") Jawbone Wind Energy Project North Sky River Wind Energy - NextEra

9 Morgan Hills - Terra-Gen Wildflower Solar/Wind (110th and P) Antelope Solar Greenworks (R ) Lancaster WAD (R ) Silver Sun Greenworks (R ) Summer Solar McCoy Solar - NextEra Springtime Solar Desert Harvest Solar Western Antelope Dry Ranch Hesperia 14 Marathon Solar Agincourt Solar Hidden Hills - Brightsource Victor Phelan Gen tie lines FRV Mojave Solar Project - FRV Mojave Solar, LP Monte Vista Solar Array - First Solar Rosamond Solar Array - First Solar Rio Mesa Solar - Brightsource High Desert Solar - Element Power Fremont Valley Preservation Water Bank & Solar Project Rising Tree - Horizon Wind Trona Beacon Solar Energy Ammendment - NextEra Calico Solar Amendment- K-Road Ivanpah Solar Electric Generating System - Bright Source Blythe Solar Power Project Amendment - NextEra Palmdale Hybrid Power Project - City of Palmdale Borrego Solar Farm - Eurus Energy Boulevard Associates These projects have been permitted and/or reviewed according to criteria identified in the February 27, 2011 "Interim Process for the Desert Renewable Energy Conservation Plan" memorandum from the Department of Fish and Game to the other Renewable Energy Action Team agencies and have been found to not conflict with the Preliminary Conservation Objectives identified in the DRECP Planning Agreement and have or appear likely to have their DEIS and/or DEIR or CEC PSA completed by Fall 2013.

10 EXISTING PROJECTS AS DEFINED IN SEPTEMBER 2010 DRECP INTERIM MITIGATION STRATEGY AND MAY 2010 DRECP PLANNING AGREEMENT Project Name/Developer Beacon Solar Energy Project - NextEra Abengoa Mojave Solar Project - Abengoa Solar Imperial Valley Solar Calico K-Road Ivanpah Solar Electric Generating System - Bright Source Palen Solar Power Project Blythe Solar Power Project - NextEra Genesis Solar Energy Project, Ford Dry Lake - NextEra Desert Sunlight - First Solar, Photovoltaic Lucerne Valley Solar Project - Axionics Antelope Valley Solar Ranch One - Nextlight Gray Butte Solar - First Solar Blythe Airport Solar 1 Project - US Solar Holdings Palmdale Hybrid Power Project - City of Palmdale Borrego Solar Farm - Eurus Energy Tehachapi Photovoltaic Solar Project - GE Boulevard Associate Solar - Boulevard Associates Amending Terminated Amending Amending Amending On Hold Cancelled Projects with status indicating Terminated, Amending, On Hold, or Cancelled are not longer considered existing projects under the Planning Agreement. "Existing Projects" as defined in the DRECP Planning Agreement are those meeting the criteria set forth in Section 2069(b) of the California Fish and Game Code as it existed at the time the Planning Agreement was signed. According to the Planning Agreement, existing projects are formally exempt from evaluation under the interim process. These projects were identified in the September 2010 Interim Mitigation Strategy (IMS) as "SB 8X 34 Qualified...Projects, most of which were actually evaluated according to the interim process and deemed consistent with the DRECP Planning Agreement's definition of existing projects and consistent with the Planning Agreement's preliminary conservation objectives. The current dispositions of the projects on the list are indicated.

11 RENEWABLE ENERGY PROJECTS NOT YET EVALUATED UNDER DRECP INTERIM PROCESS Project Name/Developer Blythe Mesa Desert Quartzite Solar Granite Mountain Wind Ocotillo Sol Solar Silverleaf Solar Sonoran West Stateline Solar - First Solar Soda Mountain Solar- Bechtel Silverado Solar - Absolutely Solar Silverado Solar - Big Sky Solar Silverado Solar - Dry Land/Rodeo Solar Granite Construction - Little Rock Solar Alpine Solar Tiera Bonita Solar - Aurora Solar Sunlight Partners Antelope Solar Farm (Mojave Solar 4) - Fotowatio Renewable Ventures Antelope Solar 1 - Recurrent Energy Antelope Solar 2 - Recurrent Energy Central Antelope Dry Ranch B - Silverado Central Antelope Dry Ranch C - Silverado Ruby Solar Project - Ruby Solar LLC East Lancaster Ranch - Silvardo TA-High Deser - Tuusso Energy North Lancaster Ranch - Silverado American Lake - Silverado Siberia Deep Creek Solar Kingbird Solar - First Solar North Edwards Solar Willow Springs Solar Array - First Solar Imperial Valley Solar Company 2 Borax Solar SEPV7 Cascade Solar Topco Solar The table identifies renewable energy projects in the DRECP area that have not been evaluated for consistency with the DRECP Planning Agreement preliminary conservation objectives through the interim process. Their environmental review and permitting are still pending. This list in particular must be considered not comprehensive of such projects in the DRECP area.

12 State of California Department of Fish and Game Memorandum Flex your POWER Date: To: From: February 28, 2011 Renewable Ener~ Action Team Agencies Kevin Hunting ~ Chief Deputy Director Department of Fish and Game Subject: Interim Process for the Desert Renewable Energy Conservation Plan The Desert Renewable Energy Conservation Plan (DRECP or Plan) is intended to result in an efficient and effective biological mitigation and conservation program providing applicants with permit timing and cost certainty under the Federal (ESA) and California Endangered'Species Acts (CESA) while preserving, restoring and enhancing natural communities and ecosystems that support covered species within the DRECP Plan Area. Parties to the DRECP Planning Agreement (the Renewable Energy Action Team or REAT agencies) are the United States Fish and Wildlife Service, the United States Bureau of Land Management, the California Energy Commission and the California Department of Fish and Game (DFG). Participation by the U.S. Fish and Wildlife Service will contribute to efficiencies under the Federal ESA and the commitment to use the DRECP process as a basis for amending Bureau of Land Management (BLM) land use plans introduces additional siting and permitting benefits. The DRECP is to be a Habitat Conservation Plan under the ESA and a Natural Community Conservation Plan under the California's Natural Community Conservation Planning Act (NCCPA). In its simplest form, the DRECP will describe and permit areas for renewable energy generation and transmission facility development and create a network of biological conservation areas providing benefits to covered species found in the Plan Area. The NCCPA anticipates the need for development within a planning area while a plan is in progress and recognizes that such development shouldn't conflict with preliminary conservation goals and objectives established early in the planning process and specified in the Planning Agreement. To that end, the NCCPA requires DFG to establish an interim process to review projects for consistency with preliminary conservation objectives and to recommend mitigation measures or project alternatives should there be a conflict between the project and the Planning Agreement's conservation goals and objectives. For the DRECP, these goals and objectives include: Provide for the long-term conservation and management of Covered Species within the Planning Area; Preserve, restore, and enhance natural communities and ecosystems that support Covered Species within the Planning Area; Build on the Competitive Renewable Energy Zones identified by RETI ; Further identify the most appropriate locations within the Planning Area for the development of utility-scale renewable energy projects, taking into account potential impacts to threatened and endangered species and sensitive natural communities;

13 Interim Process for the Desert Renewable Energy Conservation Plan February 28, 2011 Page 2 Provide a means to implement Covered Activities in a manner that complies with the NCCPA, FESA, NEPA, CEQA, and other relevant laws; Provide a basis for the issuance of Take Authorizations allowing the lawful Take of Covered Species incidental to Covered Activities; Provide for issuance of Take permits for other species that are not currently listed but which may be listed in the future; Provide a comprehensive means to coord inate and standardize mitigation and compensation requirements for Covered Activities within the Planning Area ; Provide a framework for a more efficient process by which proposed renewable energy projects within the Planning Area may obtain regulatory authorizations and which results in greater conservation va lues than a project-by-project, species-byspecies review wou ld have; Provide durable and reliable regulatory assurances, as appropriate, under the NCCPA and the FESA for Covered Activities that occur within the Planning Area ; and Identify and incorporate climate change adaptation research, management objectives, and/or policies into the final plan document. The general nature of the DRECP preliminary conservation goals and objectives wi ll define the level of review required by DFG for the interim process under the NCCPA. For purposes of the DRECP, the review would address the following broad concerns related to siting of renewable energy projects: Potential for the project to foreclose a wildlife corridor or essential connectivity; Potential to foreclose a conservation opportunity essential to the successful implementation of the completed plan; Potential of the project to cause impacts to a population of a Covered Species that would likely result in jeopardizing the continued existence of that species. Implementing the NCCPA Interim Process for the DRECP The purpose of interim review is to afford applicants an opportunity for early engagement with the applicable agencies while there is flexibility in project siting. DFG, in close coordination with the Renewable Energy Action team (REAT) agencies, as contemplated in the DRECP Planning Agreement, wi ll conduct the required review in consultation with a project applicant at the earliest feasible interval in the project planning and siting process. The notification process for interim review and agency requests for information in connection with that review are as set out in paragraph of the Planning Agreement. Participation by the REAT agencies is important in conducting meaningful and helpful

14 Interim Process for the Desert Renewable Energy Conservation Plan February 28, 2011 Page 3 interim review. However, if one or more REAT agencies does not provide timely information to DFG in conducting the interim review, DFG will, without delay in processing of applications for interim renewable energy projects, perform the interim review without that agency's contribution. The DFG wi ll perform the interim review within sixty days of the project proponent's submission to the REAT agencies of the project information referred to in Paragraph of the Planning Agreement. Projects Subject to the Interim Process The interim review process applies to all projects proposed within the DRECP Planning Area that require perm its from one or more of the REAT agencies. Some renewable energy projects in the DRECP stud y area are not subject to the interim process described in this memorandum. Such projects are those in the following categories. Renewable energy projects that have received all their state and federal permits. Projects explicitly exempted from being a reportable interim project in the Planning Agreement. These projects are identified as "Existing Projects" in the Planning Agreement. Projects previously found to be consistent with the DRECP Planning Agreement preliminary conservation objectives. Attachment: REAT Agency Contacts

15 Interim Process for the Desert Renewable Energy Conservation Plan February 28, 2011 Page 4 REAT Agency Contacts Name Telephone [ BlM Vicki Campbell vicki I campbell@blm.gov (916) Ashley Conrad ashley conrad-saydah@blm.gov (916) Saydah USFWS Amedee Brickey amedee brickey@fws.gov (916) Ken Corey CEC Scott Flint Roger Johnson G William Condon Armand Gonzalez ken corey@fws.gov sflint@energy.state.ca.us Rjohnson@energy.state.ca.us wcondon@dfg.ca.gov agonzales@dfg.ca.gov (760) x269 (916) (916) (916) Address Bureau of land Management CA State Office Division of Natural Resources 2800 Cottage Way Sacramento, CA same as above Pacific Southwest Region 2800 Cottage Way W-2606 Sacramento, CA CA Energy Commission 15169thSt-M.S. 15 Sacramento, CA same as above Renewable Energy Program CA Department of Fish & Game th SI. Sacramento, CA CA Department of Fish & Game Resource Assessment Program th SI. Sacramento, CA 95814