before the zoning administrator in and for th e county of ... · before the zoning administrator in...

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Before the Zoning Administrator in and for th e County of Monterey, State of Californi a In the matter of the application of: Venoco LLC exploratory oil and natural gas wells application : (AVILA SAM TR et al - File PLN090118 ) RESOLUTION NO . 10-03 9 Resolution by the Monterey County Zonin g Administrator to : 1. Adopt a Mitigated Negative Declaration for the Venoco exploratory oil well s proposal ; 2. Approve the drilling of up to three exploratory oil and gas wells on th e Avila Trust . et al property (Fil e PLN090118 ; Venoco Inc . Site 34b) , based on the findings and subject to the conditions in Exhibit 1 3. Adopt Mitigation Monitoring and Reporting Plan . (PLN090118, AVILA, SAM TR . et al, SOUTH COUNTY AREA PLAN (APN : 423-091-040- 000-000) The Venoco LLC exploratory oil and natural gas wells application (AVILA SAM TR et al - Fil e PLN090118) came on for public hearing before the Monterey County Zoning Administrator o n September 30, 2010 . Having considered all the written and documentary evidence, th e administrative record, the staff report, oral testimony, and other evidence presented, the Zonin g Administrator finds and decides as follows : FINDING S 1 . FINDING : CONSISTENCY - The project, as described in Condition No . 1 and as conditioned , conforms to the policies, requirements, and standards of the Monterey County Genera l Plan: Goal 2 to provide for the conservation, utilization, and development of the County's mineral resources in keeping with sound conservation practices : The project site is currently zoned Permanent Grazing, exploratory oil wells would no t significantly reduce the amount of grazing area available nor would the projec t (exploratory test wells) permanently affect grazing activities within the area . The project has been conditioned to perform reclamation of the site in the event the site i s not converted to production wells . Goal 20 to provide for the protection and enhancement of Monterey County's ai r quality: The county has mitigated and conditioned the project in a manner that reduce s the impacts identified in the environmental document which reduce them to a less tha n significant level per the policies in the General Plan to modify industrial projects t o meet building code and federal and state ambient are quality standards and the rules and regulations of the Monterey Bay Unified Air Pollution Control District . Goal 22 to maintain an overall healthy and quiet environment by trying to achiev e living and working conditions free from annoying and harmful sounds : The project meets the object of Goal 22 and policy by conditions which require that the

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Before the Zoning Administrator in and for th eCounty of Monterey, State of Californi a

In the matter of the application of:Venoco LLC exploratory oil and natural gas wells application :(AVILA SAM TR et al - File PLN090118 )RESOLUTION NO. 10-039Resolution by the Monterey County ZoningAdministrator to :1. Adopt a Mitigated Negative Declaration

for the Venoco exploratory oil well sproposal ;

2. Approve the drilling of up to threeexploratory oil and gas wells on theAvila Trust. et al property (Fil ePLN090118 ; Venoco Inc. Site 34b),based on the findings and subject to theconditions in Exhibit 1

3.

Adopt Mitigation Monitoring andReporting Plan .

(PLN090118, AVILA, SAM TR . et al, SOUTHCOUNTY AREA PLAN (APN: 423-091-040-000-000)

The Venoco LLC exploratory oil and natural gas wells application (AVILA SAM TR et al - Fil ePLN090118) came on for public hearing before the Monterey County Zoning Administrator o nSeptember 30, 2010. Having considered all the written and documentary evidence, theadministrative record, the staff report, oral testimony, and other evidence presented, the ZoningAdministrator finds and decides as follows :

FINDINGS

1 . FINDING: CONSISTENCY - The project, as described in Condition No . 1 and as conditioned,conforms to the policies, requirements, and standards of the Monterey County Genera lPlan: Goal 2 to provide for the conservation, utilization, and development of theCounty's mineral resources in keeping with sound conservation practices : Theproject site is currently zoned Permanent Grazing, exploratory oil wells would no tsignificantly reduce the amount of grazing area available nor would the projec t(exploratory test wells) permanently affect grazing activities within the area . Theproject has been conditioned to perform reclamation of the site in the event the site i snot converted to production wells .Goal 20 to provide for the protection and enhancement of Monterey County's ai rquality: The county has mitigated and conditioned the project in a manner that reduce sthe impacts identified in the environmental document which reduce them to a less tha nsignificant level per the policies in the General Plan to modify industrial projects t omeet building code and federal and state ambient are quality standards and the rulesand regulations of the Monterey Bay Unified Air Pollution Control District .Goal 22 to maintain an overall healthy and quiet environment by trying to achiev eliving and working conditions free from annoying and harmful sounds : Theproject meets the object of Goal 22 and policy by conditions which require that the

project activities be limited to day operations . However, during the drilling phasewhich will operate for 45 days continuously, the project will be required to meet theobjectives of in table 6 of the General Plan . The project will be monitored and b erequired to submit reports during the drilling phase of the project in a manne rconsistent with Table 6 of the General Plan for Land use Compatibility for exteriorcommunity noise in a faun of a biweekly report .Goal 30 to protect all viable farmlands designated as prime, of statewid eimportance, unique, or of local importance from conversion to and encroachmen tof non-agricultural uses : The project meets the object of Goal 30 to protectagricultural lands from uses that could interfere with normal agricultural uses . Theproject site is currently zoned Permanent Grazing ; exploratory oil wells would no tsignificantly reduce the amount of grazing area available nor do such project s(exploratory test wells) permanently affect grazing activities within the area . This isconsistent with established policies in the South County Area Plan and under theDepartment of Conservation definition of compatible uses as defined under th eWilliamson Act.Area Plan The project areas were determined to be suitable for the County's propose duses under the current Zoning Ordinance Title 21 Section 21 .34.050 with a use permit .The area plan recognizes that oil exploration throughout the county is on the increase .The three project areas are consistent with the policies of the Area Plan by mitigatingthe potential impact identified to Biological Resources, and Air Quality issues to level scompliant with state and federal requirements and therefore to a less than significantlevel . Refer to Sections VI 3 and 4 in the Initial Study, Mitigated Negative Declaration .

EVIDENCE : (a) The text, policies, and regulations in the above referenced documents have beenevaluated during the course of review of applications . No conflicts were found toexist. No communications were received during the course of review of the projec tindicating any inconsistencies with the text, policies, and regulations in thes edocuments .

(b) Well site 34b is located in Township 23 South, Range 10 East ; Section 34. The siteis approximately 2 .2 miles west of state Highway 101 and approximately 0 .90miles north of Jolon Road . The parcel is zoned PG/40 ("Permanent Grazing, 40acres minimum") which allows Use Permit requests for the exploration for and theremoval of oil and gas (Title 21 Section 21 .34.050 EE). Therefore, the property i ssuitable for the proposed development .

(c) The project planner conducted a site inspection in July 20, 2009 to verify that theproject on the subject parcel conforms to the plans listed above .

(d) This parcel (Assessor's Parcel Number 423-091-040-000) is a legal lot of 320 acre swas established by its presence in the 1972 Assessor's Parcel Maps in Township 2 3South, Range 10 East, Section 34, and as described in Grant Deed recorded May29, 1966 on Reel 2596 Page 184 Official Records of Monterey County .

(e) The project was referred to the South County Land Use Advisory Committee(LUAC) for review on April 21, 2010 under the three separate Use Permit sPLN090118, PLN090119, and PLN090120 as described above . On each of theproposals, the LUAC voted 3-0 to approve the projects . Each of the votes includedone abstention and one recusal from the other two members of the five perso nquorum. Concerns were expressed about visual impacts, potential flares, water use,water quality and that oil production would be good for the area .

(f) The application, project plans, and related support materials submitted by th eproject applicant to the Monterey County RMA - Planning Department for th eproposed development found in Project File PLN090118 .

Sam Avila TR Et Al (PLN090II8)Page 2 of 25

2. FINDING : SITE SUITABILITY - The site is physically suitable for the use proposed .EVIDENCE : a) The project has been reviewed for site suitability by the following depalltnents and

agencies : RMA - Planning Department, California Department of Forestry SouthCounty Division, Public Works, Environmental Health Bureau, and Wate rResources Agency, Association of Monterey Bay Area Governments, Montere yBay Unified Air Pollution Control District, Monterey County Agricultura lCommissioner. There has been no indication from these departments/agencies thatthe site is not suitable for the proposed development . Conditions recommendedhave been incorporated.

b) Technical reports by outside biological, archaeological, geotechnical and geologica lconsultants concluded that there are no physical and/or environmental constraint sthat would indicate that the site is not suitable for the use proposed, provided th eappropriate recommendations and mitigation measures outlined in those reports arefollowed. County staff concurs . The following reports have been prepared :

"Cultural Resources Assessment of the Venoco, Inc . # 34b, 7a and lb OilAnd Natural Gas Well Project, Monterey County CA" (LIB090343 )prepared by Pacific Legacy Inc, Berkeley, CA, June 9, 2009) ."Biological Assessment Venoco, # 34b, 7a and lb Oil and Natural Gas Wel lProject, Monterey County, CA" (LIB090342) prepared by Bob BooherConsulting, Fairfield, CA, June 2009) ."Geologic Hazards Investigation/Geotechnical Engineering Repor tProposed Oil/Gas Well Pad Venoco, Inc . # 34b, 7a, lb Oil And Natural Ga sWell Project, Monterey County, CA" (LIB090344 & LIB090345) preparedby Buena Geotechnical Services, Paso Robles, CA, May 6, 2009 .

c) Staff conducted a site inspection on July 20, 2009 to verify that the site i ssuitable for this use .

d) Materials in Project File PLN090118 .

3 . FINDING: CEQA (Neg Dec/Mitigated Neg Dec) - On the basis of the whol erecord before the Monterey County Zoning Administrator, there is n osubstantial evidence that the proposed project as designed, conditionedand mitigated, will have a significant effect on the environment . TheMitigated Negative Declaration reflects the independent judgment an danalysis of the County .

EVIDENCE : a) Public Resources Code Section 21080 .d and California EnvironmentalQuality Act (CEQA) Guidelines Section 15064.a.l requireenvironmental review if there is substantial evidence that the projec tmay have a significant effect on the environment .

b) The Monterey County Planning Department prepared an Initial Studypursuant to CEQA. The Initial Study is on file in the offices of thePlanning Department and is hereby incorporated by referenc e(PLN090118, PLN090119, and PLN090120) .

c) Issues that were analyzed in the Mitigated Negative Declarationinclude: Agricultural Resources, Air Quality, Biological Resources ,Cultural Resources, Hazards/Materials, Hydrology/Water Quality, Lan dUse, Mineral Resources, Noise, Traffic, and Transportation . Thefollowing is a summary of potential impacts that were identified an dmitigated to a less than significant level :

Sam Avila TR Et Al (PLN090118)Page 3 of 25

1. The MBUAPCD has determined that constructio nactivities that involve minimal earth moving over an areaof 8.1 acres or more could result in potentiallysignificant temporary air quality impacts, if notmitigated . Mitigation Measure number 1 will minimiz eshort-term construction emissions; the project shal limplement the following MBUAPCD-recommendedmitigation measure during grading and constructio nactivities : The applicant shall submit a constructio nmanagement plan to the county for review and as part o fthe grading permit application prior to the beginning o fany clearing of vegetation or grading. The plan shallinclude measures 1 .1 through 1 .14 and shall include adesignated construction monitor for all grading andconstruction activities on a daily basis to ensure tha tthese measures are implemented.

2. The Project construction has potential to impact smal lvertebrate species with increased human activity an dvehicle traffic in the vicinity and within the APE . Thosespecies observed within and adjacent to the project o rAPE and buffer areas likely have acclimated to on-goin gactivities (i .e., vehicle traffic along access roads an dcattle grazing). Species likely to be affected by habitatdisturbance are relatively sedentary such as plants, smallmammals, and reptiles . Other more mobile wildlifespecies, such as most birds and larger mammals, canavoid project-related activities by moving to other area stemporarily. Mitigation Measure number 2 willminimize impacts to biological resources durin gconstruction, by implementing the Biological AvoidanceMeasures 2.1 through 2 .17 as recommended by th ebiologist .

3. Mitigation Measure number 3 would insure that al lequipment, waste, and other construction debris shall beremoved from the site. Disturbed areas outside of theAPE shall be re-vegetated and/or re-graded as necessar yto restore the disturbed areas to there original state .

d) The Mitigated Negative Declaration (MND) for (PLN090118 ,PLN090119, and PLN090120) was prepared in accordance with CEQ Aand circulated for public review from April 1, 2010 through April 30,2010. The MND was circulated a second time in response to commentson July 19, 2010 through August 18, 2010 (SCH# : 2010041013) . Issuesthat were analyzed in the Mitigated Negative Declaration (MND) havebeen mitigated to a less than significant level as demonstrated in th eMND. Recommended mitigation measures are reflected as conditions o fapproval and mitigations with monitoring actions in this report .

e) The Initial Study provides substantial evidence based upon the record a sa whole, that the project would not have a significant effect on th e

Sam Avila TR Et Al (PLN090118)Page 4 of 25

environment . Staff accordingly prepared a Mitigated Negativ eDeclaration. The Initial Study identified several potentially significan teffects, but applicant has agreed to proposed mitigation measures thatavoid the effects or mitigate the effects to a point where clearly n osignificant effects would occur . The Initial Study is on file in the RMA-Planning Department and is hereby incorporated by reference(PLN090118, PLN090119, and PLN090120) . A Condition Complianceand Mitigation Monitoring and/or Reporting Plan has been prepared i naccordance with Monterey County regulations and is designed to ensur ecompliance during project implementation and is hereby incorporate dherein by reference as Exhibit 1 . The applicant must enter into an"Agreement to Implement a Mitigation Monitoring and/or Reportin gPlan" as a condition of project approval (Condition Number 5) .

f) Evidence that has been received and considered includes: theapplication, technical studies/reports (see Finding 2/Site Suitability) ,staff reports that reflect the County's independent judgment, an dinformation and testimony presented during public hearings (a sapplicable). These documents are on file in the RMA-Plannin gDepartment (PLN090118, PLN090119, and PLN090120) and arehereby incorporated herein by reference .

g) Staff analysis contained in the Initial Study and the record as a whol eindicates the project could result in changes to the resources listed i nSection 753.5(d) of the Department of Fish and Game (DFG) regulations .All land development projects that are subject to environmental revie ware subject to a State filing fee plus the County recording fee, unless theDepartment of Fish and Game determines that the project will have noeffect on fish and wildlife resources . For purposes of the Fish and GameCode, the project will have a significant adverse impact on the fish an dwildlife resources upon which the wildlife depends . State Departmentof Fish and Game reviewed the MND and recommended necessar yconditions to protect biological resources in this area. Therefore, theproject will be required to pay the State fee plus a fee payable to th eMonterey County Clerk/Recorder for processing said State fee andposting the Notice of Determination (NOD).

h) Based on the comments received during the first public review period ,the negative declaration was revised and re-circulated for public revie wfrom July 19, 2010 through August 18, 2010 . The County hasconsidered the comments received during both public review periods ,and they do not alter the conclusions in the Initial Study and MitigatedNegative Declaration .

i) Testimony provided at the Zoning Administrator hearing date dSeptember 30, 201 0

j) The Monterey County Planning Department, located at 168 W . Alisal ,Second Floor, Salinas, California, 93901, is the custodian of documentsand other materials that constitute the record of proceedings upon whichthe decision to adopt the negative declaration is based .

4. FINDING: HEALTH AND SAFETY - The establishment, maintenance, o roperation of the project applied for will not under the circumstances o fthis particular case be detrimental to the health, safety, peace, morals ,

Sam Avila TR Et Al (PLN090118)Page 5 of 25

comfort, and general welfare of persons residing or working in th eneighborhood of such proposed use, or be detrimental or injurious t oproperty and improvements in the neighborhood or to the generalwelfare of the County .

EVIDENCE : a) The project was reviewed by RMA - Planning Department, Californi aDepartment of Forestry South County Division, Public Works ,Environmental Health Bureau, Water Resources Agency, Association ofMonterey Bay Area Governments, Monterey Bay Unified Air Pollutio nControl District, and Monterey County Agricultural Commissioner . Therespective departments/agencies have recommended conditions, wher eappropriate, to ensure that the project will not have an adverse effect o nthe health, safety, and welfare of persons either residing or working inthe neighborhood .

b) Each drilling pad site will include a drill rig, temporary guard shack,temporary electrical power (power pole), temporary office trailer withpotable water dispenser and portable toilet facilities, and self-containe dtrailer for project foreman who may remain on site during the drillin gphase. Included are fuel tanks, water tanks and various other temporar yequipment, vehicles and construction equipment. Each site will befenced for security to contain the defined project area. Therefore, th eprojects as proposed do not require permanent public facilities .

c) Preceding findings and supporting evidence for PLN090118 ,PLN090119, and PLN090120 see Consistency finding number 1 an dSite Suitability finding number 2 .

5 . FINDING : NO VIOLATIONS - The subject property complies with all rules andregulations pertaining to zoning uses, subdivision, and any othe rapplicable provisions of the Monterey County Zoning Ordinance . Noviolations exist on the property.

EVIDENCE : a) Staff reviewed Monterey County RMA - Planning Department andBuilding Services Department records and is not aware of anyviolations existing on subject property.

b) Staff conducted a site inspection on July 20, 2009 and researchedCounty records to assess if any violation exists on the subject property .

c) There are no known violations on the subject parcel .d) Zoning violation abatement costs, if any, have been paid . A condition i s

included to assure that all zoning abatement costs, if any, have beenpaid .

e) The application, plans, and supporting materials submitted by theproject applicant to the Monterey County Planning Department for theproposed development are found in Project File PLN090118 .

6. FINDING :

APPEALABILITY - The decision on this project is appealable to thePlanning Commission .

EVIDENCE:

Section 21 .80.040 B Monterey County Zoning Ordinance (Title 21) .

Sam Avila TR Et Al (PLN090118)Page 6 of 25

DECISION

NOW, THEREFORE, based on the above findings and evidence, the Zoning Administrator does hereby :1.

Adopt a Mitigated Negative Declaration for the Venoco exploratory oil wells proposal ; and2. Approve the drilling of up to three exploratory oil and gas wells on the Avila Trust . et . al property

(File PLN090118 ; Venoco Inc . Site 34b) ; based on the findings and evidence subject to th econditions of approval in Exhibit 1, in general conformance with the attached sketch and subjectto the conditions (Exhibit 1), both exhibits being attached hereto and incorporated herein b yreference .

3.

Adopt the Mitigation Monitoring and Reporting Program (Exhibit 1)

PASSED AND ADOPTED this 30th day of September, 2010

ZVI '-171/rMike Novo, Zoning Administrato r

COPY OF THIS DECISION MAILED TO APPLICANT ON 'OCT 0 7 201 0

THIS APPLICATION IS APPEALABLE TO THE PLANNING COMMISSION

IF ANYONE WISHES TO APPEAL THIS DECISION, AN APPEAL FORM MUST BE COMPLETED AN DSUBMITTED TO THE SECRETARY OF THE PLANNING COMMISSION ALONG WITH TH EAPPROPRIATE FILING FEE ON OR BEFORE OCT 1 7 2010

This decision, if this is the final administrative decision, is subject to judicial review pursuant to California Code o fCivil Procedure Sections 1094 .5 and 1094 .6 . Any Petition for Writ of Mandate must be filed with the Court no laterthan the 90th day following the date on which this decision becomes final .

NOTES

1.

You will need a building permit and must comply with the Monterey County Building Ordinance in ever yrespect .

Additionally, the Zoning Ordinance provides that no building permit shall be issued, nor any useconducted, otherwise than in accordance with the conditions and terms of the permit granted or until tendays after the mailing of notice of the granting of the permit by the appropriate authority, or after grantin gof the permit by the Board of Supervisors in the event of appeal .

Do not start any construction or occupy any building until you have obtained the necessary permits and useclearances from the Monterey County Planning Department and Building Services Department office inSalinas .

2.

This permit expires 3 years after the above date of granting thereof unless construction or use is starte dwithin this period.

Sam Avila TR Et Al (PLN090118)Page 7 of 25

RESOLUTION 10-039 - EXHIBIT 1Monterey County Resource Management Agenc y

Planning DepartmentCondition Compliance and/or Mitigation Monitorin g

Reporting Plan

Project Name: VENOCO/Avila

File No: Avila (34b) PLN09011 8

APN: 424-081-016-00 0

Approved by: Zoning Administrator

Date : September 30, 2010

Monitoring or Reporting refers to projects with an Ell? or adoptedMitigated Negative Declaration per Section 21081.6 of the Public Resources Code.

PermitCond.Number

NumberConditions of Approval and/or Mitigation MCrlsit/Ts and

Responsible Land Use Department

t 7oinplianee or Monitoring Actionsto hC pc' /mini I. It

e applicable, arel tiller/ professional is required for

action to be aecepted.

ResponsibleParty for

ContpliairceTint ul*

T/erificatio nof

Compliance(name/date)

RMA - Planning Department1 . PD001- SPECIFIC USES ONLY

This Use Permit allows the construction of up to thre e(3) exploratory oil and natural gas wells . The proposedsite (34b) will contain up to three (3) exploratory oil an dgas wells on a single pad. The drilling of the second and

Adhere to conditions and uses specifiedin the permit .

Owner/Applicant

Ongoingunlessotherwisestated

then the third exploratory wells on each pad i sdependent upon the results of the testing for the firstwell . The project will be completed in two phases : 1) asite preparation phase, road grading for the purpose o faccess to each of the proposed sites ; and development o fpads to locate a stable drilling platform for theexp lorator y drillin g e q ui p ment and the construction o fancillary non permanent structures ; and 2) the drillin gand testing phase . Well site #34b is located in Townshi p23 South, Range 10 East, Section 34 . The site i sapproximately 2 .2 miles west of state Highway 101 andapproximately 0 .90 miles north of Jolon Roa d(Assessor's Parcel Number 423-091-040-000) . Theproject sites are located along the west side of Highwa y101 within the South County Area Plan . The project site34b will require 18,270 cubic yards of cut and 16,32 0cubic yards of fill . The remainder of spoils will remainon the site . This permit was approved in accordance withCounty ordinances and land use regulations subject to thefollowing terms and conditions . Neither the uses nor theconstruction allowed by this permit shall commenc eunless and until all of the conditions of this permit are me tto the satisfaction of the Director of the RMA - Planning

Neither the uses nor the constructionallowed by this permit shall commenc eunless and until all of the conditions ofthis permit are met to the satisfaction ofthe Director of the RMA - Plannin gDepartment.

RMA -Planning

To the extent that the County hasdelegated any condition compliance o rmitigation monitoring to the MontereyCounty Water Resources Agency, th eWater Resources Agency shall provid eall information requested by the Countyand the County shall bear ultimateresponsibility to ensure that conditionsand mitigation measures are properl yfulfilled .

WRA

RMA -Planning

PermitCond.Niunher

MttmNumber

Conditions of Approval and/or Mitigation l [caste, 's 11Ni 1

Responsible land Use Depot tia,nt

( onlpltan(

et

lonitoriny Actionsto he performed. Where applicable, a

'edprofessional is required fo rc*>l it fiaction to le ;u

l'pted.

ResponsibleParty for

(omphanceTiming

Verificationof

Complianc e(Hanle/date)

Department . Any use or construction not in substantialconformance with the terms and conditions of this permi tis a violation of County regulations and may result inmodification or revocation of this permit and subsequen tlegal action . No use or construction other than thatspecified by this permit is allowed unless additiona lpermits are approved by the appropriate authorities . To theextent that the County has delegated any conditioncompliance or mitigation monitoring to the Montere yCounty Water Resources Agency, the Water Resource sAgency shall provide all information requested by th eCounty and the County shall bear ultimate responsibilityto ensure that conditions and mitigation measures ar eproperly fulfilled . (RMA - Planning Department)

2 . PD002 - NOTICE - PERMIT APPROVALThe applicant shall record a notice which states : "Apermit (Resolution 10-039) was approved by the ZoningAdministrator for the parcel located in Township 2 3South, Range 10 East, Section 34. The site i sapproximately 2 .2 miles west of state Highway 101 andapproximately 0 .90 miles north of Jolon Road onSeptember 30, 2010. The permit was granted subject to18 conditions of approval which run with the land . A copyof the permit is on file with the Monterey County RMA -Planning Department." Proof of recordation of this notic eshall be furnished to the Director of the RMA - PlanningDepartment prior to issuance of building permits o rcommencement of the use . (RMA - PlanningDepartment)

Obtain appropriate form from the RMA -Planning Department .

The applicant shall complete the formand furnish proof of recordation of thisnotice to the RMA PlanningDepartment .

Owner/Applicant

RMA-Planning

Prior totheissuance ofgradingandbuildingpermits orcorn-mence -ment ofuse .

6 . SPD001- INDEMNIFICATION AGREEMEN TThe applicant agrees as a condition and in consideratio nof the approval of the permit to enter into anindemnification agreement with the County whereby th eapplicant agrees to defend, indemnify, and hol dharmless the County, its officers, agents, and employees

Submit signed and notarize dIndemnification Agreement to th eDirector of RMA - Planning Departmentfor review and signature by the County .

Owner/Applicant

Upondemand o fCountyCounsel o rconcurrentwith the

Sate Avila TR Et Al (PLN090118)Page 9 of 25

Permi tCond.Number

MN, .Number

Conditions ofApproval and/or Mitigation )IleaSll7s ant iResponsible Land Use Department

(omphan, c to lronitor ll, irtwit sto be performed. Where applicable, i t

citified professional is required fot '(1(1(011 10 bt' UCCC'filctl.

ResponsibleParty for

ComplianceTiming

Verifl"catiort.. .o f

Compliance(name/date'

from actions or claims of any description brought o naccount of any injury or damages sustained by anyperson or property resulting from the issuance of th epermit and the conduct of the activities authorized unde rsaid permit . Applicant shall obtain the permission of th eowner on which the test well site is located to allow therecordation of said indemnification agreement, and theapplicant shall cause said indemnification agreement t obe recorded by the County Recorder as a prerequisite t othe issuance of the building and/or grading permit . TheCounty shall promptly notify the applicant of any suc hclaim, action, or proceeding and the County shallcooperate fully in the defense thereof. The County may,at its sole discretion, participate in the defense of suc haction, but such participation shall not relieve applicantof its obligations under this condition. (RMA -Planning Department)

Proof of recordation of theIndemnification Agreement, as outlined,shall be submitted to the RMA -Planning Department .

issuance ofbuildingpermits ,use of theproperty,filing ofthefinaUparceI map ,whicheveroccurs firstand asapplicable

4 . PD003(A) - CULTURAL RESOURCES -NEGATIVE ARCHAEOLOGICAL REPOR TIf, during the course of construction, cultural ,archaeological, historical or paleontological resources areuncovered at the site (surface or subsurface resources)work shall be halted immediately within 50 meters (16 5feet) of the find until a qualified professional archaeologistcan evaluate it . The Monterey County RMA - PlanningDepartment and a qualified archaeologist (i .e., anarchaeologist registered with the Society of Professiona lArchaeologists) shall be immediately contacted by th eresponsible individual present on-site . When contacted,the project planner and the archaeologist shallimmediately visit the site to determine the extent of theresources and to develop proper mitigation measure srequired for the discovery. (RMA - PlanningDepartment)

Stop work within 50 meters (165 feet) ofuncovered resource and contact theMonterey County RMA - PlanningDepartment and a qualified archaeologistimmediately if cultural, archaeological ,historical, or paleontological resource sare uncovered. When contacted, theproject planner and the archaeologis tshall immediately visit the site todetermine the extent of the resources andto develop proper mitigation measuresrequired for the discovery .

Owner/Applicant/Archaeo -logist

Ongoing

Sam Avila TR Et Al (PLN090118)Page 10 of 2 5

PermitG`ot CNumber

Ylitig.Number

Conditions of Approval and/or Mitigation Llcasur

nr lResponsible Land Use Department

COntpliattce or MonitorinfgActiOn sto be performed. jt here applicable; acertified proles sional is required fo r

(lotion to ho accepted .

Responsibl eParll for

CottiplianceTiming

Vertfleattonof

Complianc e(name/date)

5 . PD006 - MITIGATION MONITORING PROGRAMThe applicant shall enter into an agreement with theCounty to implement a Mitigation Monitoring and/o rReporting Plan in accordance with Section 21081 .6 of theCalifornia Public Resources Code and Section 15097 o fTitle 14, Chapter 3 of the California Code of Regulations .Compliance with the fee schedule adopted by the Boar dof Supervisors for mitigation monitoring shall b erequired and payment made to the County of Montere yat the time the property owner submits the signe dmitigation monitoring agreement . (RMA - PlanningDepartment)

1) Enter into agreement with theCounty to implement a MitigationMonitoring Program.

2) Fees shall be submitted at the timethe property owner submits the signe dmitigation monitoring agreement .

Owner/Applicant

Within 60days afterprojectapprovalor prior totheissuance ofgradingandbuildingpermits ,whicheveroccursfirst .

6 . PD007 - GRA.D.ING-WINTER RESTRICTIONNo land clearing or grading shall occur on the subjec tparcel between October 15 and April 15 unless authorizedby the Director of RMA - Building Services Department .(RMVIA - Planning Department and Building ServicesDepartment)

Obtain authorization from the Director o fRMA - Building Services Department toconduct land clearing or grading betweenOctober 15 and April 15 .

Owner/Applicant

Ongoing

7 . PDO10 - EROSION CONTROL PLAN AN DSCHEDULEThe approved development shall incorporate th erecommendations of the Erosion Control Plan as reviewe dby the Director of RMA - Planning and Director o fBuilding Services . All cut and/or fill slopes expose dduring the course of construction be covered, seeded, orotherwise treated to control erosion during the course ofconstruction, subject to the approval of the Director o fRMA - Planning and Director of RMA - BuildingServices . The improvement and grading plans shallinclude an implementation schedule of measures for theprevention and control of erosion, siltation, dust during,

An Erosion Control Plan shall b esubmitted to the RMA - PlanningDepartment and the RMA - BuildingServices Department prior to issuanceof building and grading permits .

Owner/Applicant

Prior to theissuance ofgradingandbuildingpermits

Comply with the recommendations o fthe Erosion Control Plan during thecourse of construction until projectcompletion as approved by the Directorof RMA - Planning and Director ofRMA - Building Services .

Owner/Applicant

Ongoing

Sam Avila TR Et Al (PLN090118)Page II of 25

Permi tCond.Number

mirkNumber

Conditions ofApproval and ur

lili :,nrri<ur lic<r*rrn•S <rn dResponsible Land l ,e l)rportrrren t

and immediately following construction and until erosio ncontrol planting becomes established . This program shallbe approved by the Director of RMA - Planning an dDirector of RMA - Building Services . (RMA - PlanningDepartment and RMA - Building ServicesDepartment)

C ontplian< e of Monitoring Actionsto he perforure<l . Where applicable, aTerrified pr<rjcssional is re<lrtired fo r

action t<, he at <eprr<l.

Evidence of compliance with theImplementation Schedule shall besubmitted to the RMA - PlanningDepartment and the RMA - BuildingServices Department

ResponsibleParty fo r

Complianc e

Owner/Applicant

Timing

Prior tofinalinspection

jleriflcatio nof

Complianc e(lame/date

8 . PDSP01 (NON - STANDARD CONDITION )EXTERIOR LIGHTIN G PLANAll exterior lighting shall be unobtrusive, down-lit ,harmonious with the local area, and constructed or locatedso that only the intended area is illuminated and off-siteglare is fully controlled. The applicant shall submit 3copies of an exterior lighting plan which shall indicate thelocation, type, wattage of all light, and schedule indicatingtime of day and duration of any lighting used durin gdrilling tower operations . The safety lighting needed forthe drilling tower, during drilling operations that exceed sthe county requirement to control cast off light will b eminimized as much as possible for the duration of th edrilling operations . The project will meet county lightingrequirements during all other operational phases of th eapproved project . The exterior lighting plan shall b esubject to approval by the Director of the RMA - Plannin gDepartment, prior to the issuance of building permits .(RMA - Planning Department)

Submit three copies of the lightingplans to the RMA - PlanningDepartment for review and approval .Approved lighting plans shall beincorporated into final building plans .

Owner/Applicant

Prior t otheissuance ofgradingpermits o rthe corn-mence-meat ofdrillingoperations .

The lighting shall be installed andmaintained in accordance with th eapproved plan.

Owner/Applicant

Ongoing

9 . SPD002 - PERMIT T1ME/YEAR & DATEThe permit shall be granted for a period of three (3) years ,to expire on September 30, 2013 unless grading o rbuilding permits are issued and work begins within tha tperiod . The applicant shall have one year from thecommencement of drilling the first test well to determin eif the first well is commercially viable and proceed to th enext test well, or to pursue commercial extraction, . Theapplicant shall submit a report every six months to th eCounty of Monterey concurrent with drilling and testin gon the status of the test wells or until the expiration of the

None Owner/Applicant

As statedin theconditionsofapproval

Sam Avila TR Et Al (PLN090118)Page 12 of 2 5

PermitCond.Number

NumberConditions of_ moral am/ o _lliti;ation llcasnr** (nut

Revhonsibic Land Use W/7dr/MCm

Compliance Or ,lfonitoring Action sto be pegor*ned. II here applicable, acertified professional isreg ilire(l fo r

action to be accepted.

ResponsibleParty fo r

Compliance7imiu :,,

Verificationof

Compliance(name/date)

permit. All testing must be complete within three yearsfrom the initial drilling of the first test well and the sitereturned to its original condition . (RMA - PlanningDepartment)

10 . PDSP02 (NON STANDARD CONDITION) Submit restoration plans and financial Owner/ plan i nRESTORATION PLAN SOUTH COUNT YNATIVE The applicant shall prepare and submit to th ePlanning Department for approval a restoration plan i nconjunction with the Construction Management Plan .Moreover, at the completion of the project or expirationof this permit, the site shall be restored to its origina lcondition . The use of native species consistent with an dfound in the project area shall be a requirement of therestoration plan . A list of appropriate native plantspecies identified by a qualified Biologist shall b eincorporated into a restoration plan. The applicant willbe required to :1 .

Insure that all stockpiled materials be retained onsite in a manner that protects air quality andprevents the erosion of the stock piled materials . Allstocked piled materials shall be used to restore th esite . This shall be submitted as a component of theConstruction Management Plan

2 .

A financial cost estimate for the full restoration ofthe site to its original condition shall be submitte das a component of the Construction ManagementPlan

3 .

The applicant shall submit a financial security in aform acceptable to the County of Monterey for th eamount required to fully restore the site to it soriginal condition.

4 .

The applicant must submit proof to the County thatthe restoration has been completed either 30 daysafter the applicant has determined to not utilize thesite for mineral extraction or 30 days prior to

cost estimate for the full restoration o fthe site to its original condition toRMA - Planning Department fo rreview and approval . Landscapingplans shall include therecommendations from LicensedLandscape Architect and a qualifiedBiPologist .

Applicant/LicensedLandscapeContractor/LicensedLandscapeArchitect/a qualifiedBiologist

concurrentwith theConstruct-ionManage -meat Planor 60 daysprior toexpirationof thi spermit thepropertyowner o rapplicantmustcomplet etherestorationor submitanapplicationto theCounty toextend thepermit o rto requesttheexploratorywel lbecome a

Sam Avila TR Et Al (PLN090II8)Page 13 of 2 5

Peimi tCond.

: . 'Number

1L1itig .1vILlItGeP

Cotul bolls ofApproval and/or Mitigation Ilea nrc ■ and

Responsible Land Use Depai Intent

C unt j)laince or Monitoring Action srrl be petformed. Where applicable, ac (i rifled professional is required fo r

r14 Hon to he uc( ejrrer/.

RetiponsibleParty' fo r

Comp/lam eTiming

Verificationof

Compliance(name/date)

expiration of this permit .5 .

The applicant shall notify the RMA-PlanningDepartment 60 days prior to expiration of this permi tif the site is to be used for mineral extraction and/o rsubmit an application for a permanent use permit to

productionwel lthrough anew usepermit

mine the oil mineral resources .(RMA - Planning Department)

Health DepartmentEnvironmental Health Bureau

11 . EHSPOI - HAZARDOUS MATERIALS BUSINES SRESPONSE PLAN (NON STANDARD)The applicant shall maintain an up-to-date Busines sResponse Plan that meets the standards found in theCalifornia Code of Regulations, Title 19, Division 2 ,Chapter 4 (Hazardous Material Release Reporting ,Inventory, and Response Plans) and the Californi aHealth and Safety Code, Division 20, Chapter 6 .95(Hazardous Material Release Response Plans an dInventory) . (Environmental Health)

Submit the signed Business Respons ePlan - Memorandum of Understandin g(form available from EHB) thatspecifies an approved BusinessResponse Plan must be on file withHazardous Materials ManagementServices prior to bringing hazardou smaterials on site and/or commencementof operation . Once approved, theapplicant shall maintain an up-to-dat eBusiness Response Plan.

CALicense dEnginee r/Owner/

Applicant

Prior t oissuance ofgrading /buildingpermit s

Continuous

12 . EHSP02 - HAZARDOUS WASTE CONTROL (NONSTANDARD )The facility shall comply with the California Code o fRegulations, Title 22, Division 4 .5 and the CaliforniaHealth and Safety Code, Chapter 6 .50 for the properhandling, storage, and disposal of Hazardous Waste asapproved by the Environmental Health Bureau (EHB) .(Environmental Health)

Register the facility with Hazardou sMaterials Management Services o fEHD .

Comply with all conditions of theHazardous Materials permit

CALicensedEngineer/Owner/

Applicant

Prior tocommenc ement ofoperation

Continuous

13 . EHSP03 - HAZARDOUS MATERIALS - SPIL LPREVENTION CONTROL COUNTER-MEASUR EPLAN (SPCC) (NON STANDARD)

Above ground storage tanks for petroleum products (i .e .diesel, oil, and gasoline) with greater than 1320-gallon sof capacity or for cumulative storage of more than 1320 -gallons shall meet the standards as found in the

Submit a Spill Prevention Contro lCountermeasure (SPCC) Plan t oHazardous Materials ManagementServices of the Environmental HealthDivision for review and approval .

Once approved, the applicant shall

CALicensedEngineer/Owner/

Applicant

Prior tocommencement ofoperation

Continuous

Sain Avila TR Et Al (PLN090118)Page 14 of 2 5

PermitCond.Number

Llitig.Number

Conditions of_4pproval and/or Miti ation

lracirnc s ant /-Responsible 1 and Use Department

(onrpfi«rrc e or alonitoring Action sto beperfouned. Where applicable, ccrr>rtified professional isreguired fo r

action to he accepted.

ResponsiblePat t1'for

Compliant cTiming

Verificationof

Complianc e(name/date)

California Health and Safety Code, Section 25270 e tseq . and of the Code of Federal Regulations, Part 11 2(commencing with Section 112 .1) of Subchapter D ofChapter 1 of Title 40 . (Environmental Health)

maintain an up-to-date SPCC Plan .

14 . EHSP04 - PERMIT TO CONDUCT WEL LOPERATIONS (NON STANDARD)The applicant must obtain a permit to conduct wel loperations for each exploratory well prior t ocommencing construction pursuant to the Californi aDepartment of Conservation, Division of Oil, Gas andGeothermal Resources, Public Resources Code (PRC )01 and 04 . (Environmental Health)

Apply for a permit to conduct welloperations from the CaliforniaDepartment of Conservation, Divisionof Oil, Gas, and Geothermal Resources(DOGGR) for review and approval .

Submit verification to theEnvironmental Health Divisionindicating that DOGGR has issued therequired permits .

CALicensedEngineer/Owner/

Applicant

Prior tocommenc emeat ofoperation

Continuou s

Monterey County Water Resources Agency

15 . WR0047 WASTE MANAGEMENT PLAN (WR )Prior to issuance of any grading or building permits, theapplicant shall provide the Water Resources Agency aConstruction Site Waste Management Plan prepared bya registered civil engineer that addresses the prope rdisposal of building materials and other construction sit ewastes including, but not limited to, discarded buildin gmaterials, concrete truck washout, chemicals, litter an dsanitary wastes . The Site Waste Management Plan mustalso address spill prevention, control, and clean up o fmaterials such as petroleum products, fertilizers ,solvents, pesticides, paints and cleaners . (WaterResources Agency)

The applicant shall provide the WaterResources Agency a Construction Sit eWaste Management Plan prepared by aregistered civil engineer

CALicensedEngineer/Owner/

Applicant

Prior toissuance ofgrading /buildingpermits

Sam Avila TR Et Al (PLN090118)Page 15 of 25

PermitCond.Number

-114 tio-Number

Conditions ofApproval and/or Miii 'atloli Ilea sInv S andResponsible Land Use 1)c piuuncut

( ant pilau( e or

Ilan itO;ilia Action .sto he pi'Iformed. 11here applicable, i t

ec'7'rifled professional is required foi 'n( Hon to he accepted.

ResponsibleParty fo r

ComplianceTiming

Verifieatiot t

ofCompliance(name/date)

16 . MM1 . CONSTRUCTION MANAGEMENT PLAN : The applicant shall provide the RMA - Project Prior toThe applicant shall submit a construction management Planning Department a Construction manager issuance ofplan to the county for review and as part of the grading Management Plan to implement /Owner/ grading /permit application prior to the beginning of any clearing measures 1 .1 through 1 .14 in Applicant buildingof vegetation or grading . The plan shall includemeasures :1 .1

Prior

to

issuance

of

grading

permits,

theapplicant shall incorporate a "Fugitive Dus tControl" note on the grading plans that includes ,but is not limited to, the measures set forth in

accordance with the recommendationfrom the MBUAPCD and prior t oinitiation of any construction activitie sthe applicant shall provide a proof ofthe contract to have a qualifiedconstruction monitor on site

permit s

Mitigation

Measure

#1 .

During

gradingoperations,

the

contractor

shall

obtain

anyrequired Air District permits, and conduct al lgrading and construction activities as requiredby the Air District .

1 .2

Limit grading and excavation to 2 .2 acres perday or 8 .1 acres/day of grading ;

1 .3

Water all active construction areas at least twic edaily. Frequency should be based on the type o foperation, soil and wind exposure ;

1 .4

Prohibit all grading activities during periods ofhigh wind (over 15 mph) ;

1 .5

Apply

chemical

soil

stabilizers

on inactiveconstruction

areas

(disturbed

lands

withinconstruction projects that are unused for at leas tfour consecutive days) ;

1 .6

Apply non-toxic binders

(e .g .,

latex

acryliccopolymer) to exposed areas after cut and filloperations and hydroseed areas ;

1 .7

Cover all trucks hauling soil, sand, and othe rloose

materials

and

require

all

trucks

t omaintain at least 2 feet of freeboard;

1 .8

Enclose, cover, water twice daily, or apply non -toxic soil binders to exposed stockpiles, such as

Sam Avila TR Et Al (PLN090118)Page 16 of 2 5

PermitCond.Number

Liiti o

NumbersConrlitiarrc gf,4pproval and/or Alit/gallon Herr ties an d

Responsible Laml 1 se Department

( umpltan(e or- Monitoring Action sto he per-fin med TT lu ; ' applicable, i t

ecrnfrerl pr(tit ,,toaar isielurrerlfrigrn turn to he accepted.

ReSonsrhl cParty fo r

ComplianceTiming

Verificatio nof

Compliance(name/date)

dirt, sand, etc ;1 .9

Cover inactive storage piles until, the project i scompleted and submit a plan to rernediate soi lstock piles through restoration or removal .

1 .10

Sweep streets daily, with water sweepers, i fvisible soil materials are carried onto adjacentpublic streets ;

1 .11

Install

sandbags

or

other

erosion

contro lmeasures

to

prevent

silt

runoff to

publi croadways ;

1 .12

All weather paved roads or gravel to reduce dustto and at construction sites ;

1 .13

Construction equipment shall not be left idlin gfor periods longer than 5 minutes when not inuse; and

1 .14

Post a publicly visible sign which specifies th etelephone

number

and

person

to

contac tregarding

emissions-related complaints .

Thi sperson shall respond to complaints and takecorrective action within 48 hours . The phonenumber of the Monterey Bay Unified Ai rPollution Control District shall be visible t oensure compliance with Rule 402 (Nuisance) .

1 .15

The applicant shale utilize low sulfur and lo wemissions vehicles as proposed in the Gree nHouse Gases Mitigation Plan .

1 .16

The

Construction Manager

shall

submit aconcluding

report

that

all

mitigations

andmonitoring measures have been complied withand shall include a designated constructio nmonitor

for

all

grading

and

constructionactivities on a daily basis to ensure that thesemeasures are implemented .

Saran Avila TR Et Al (PLN090118)Page 17 of 2 5

Permit111,* Conditions of Approval and/or Magadan Mt oS aml

on/plum( e or Monitoring Action s111 be pci /0i med. Where applicable, Cl

Responsible Verificationof

Cond.Number

17 .

Number

MM2

Responsible Land Use Departmen t

MINIMIZATION AND AVOIDANCE MEASURES

citified t*1Y1lessional is required foii rien le he ac( eptt 1L

The applicant will submit to the RMA-

Party f01'

Compliance

A Qualified

Timing

Prior to

Compliance(nallle/date)

IMPLEMENTATION PLAN :The following minimization and avoidance measures shal lbe implemented for the protection of biological resource sduring project implementation; The plan shall includemeasures :2 .1

Worker environmental awareness training shall b econducted

prior

to

project

initiation

forconstruction personnel, and should consist of abrief

presentation

in

which

personsknowledgeable in local sensitive habitats an dwildlife, and regulatory protection should discussenvironmental concerns . All personnel workingon the project should understand the sensitivity o fadjacent habitats and species .

2 .2

A pre-construction biological species clearanc esurvey shall be conducted prior to the beginningof earth moving activities within the project are ato ensure that none of the special-status animalspecies identified in Appendix B of the biologica lreport for sites 34b, 7a, and lb .

2 .3

If a special-status avian species is found orsuspected to be nesting within the project APEor buffer area, a qualified biologist will establis han exclusion buffer area to avoid impacts on th enest . If no nesting special-status avian speciesare found, project activities may proceed and nofurther minimization or avoidance measures willbe required . The following buffers will beimplemented:Western burrowing owl typically nests and rears

Planning Department a plan t oimplement avoidance measures 2 . 1through 2 .17. The report will b eprepared by a Qualified Biologist whowill designate a monitor for all gradingand construction activities . The monitorwill ensure that all these measures areimplemented prior to any vegetation orgrading activities . If in the remote cas ethat a sensitive resource may b eencountered and a qualified biologist i sunable to successfully ensure protectionof individual sensitive resource, theyshall contact USFWS and CDFG fo rfurther guidance.

Biologis t/Owner/

Applicant

issuance ofgrading /buildingpermit ssubmi tplan

Ongoingthroughoutpermitactivities

young from February through August . Burrowingowls also occupy nesting sites during the non -breeding season (September through January). If anoccupied burrow is identified within 160 feet of th eproject APE during the non-breeding season orwithin 250 feet of the APE during the breeding

Sam Avila TR Et Al (PLN090118 )Page 18 of 2 5

Permi tCond.Numb,

11rhtlg.Number

(onduions of Approval and for *Iltt( ation 1lea■ Ines am/

Responsible Lalld Use Department

(oinp/iane

ar' llimi'toriltglc'ton sto he pedal med. Where apphcllblt, a

ccrtiliedpralcssionalisrequired Ja riii tlall to be (I( t('lrtrd.

Responsibl ei t

to l( orllhbtlr1CC

Ilnllnfg

Vert/leationof

Compliance(name/date)

season, Venoco will consult with CDFG t odetermine the appropriate method to passivel yrelocate owls . Project related activities would b eallowed to proceed after owls are passivel yrelocated. If passive relocation of owls is necessary ,it shall occur outside of the nesting season.Raptor species typically nest and rear youn gfrom March through August . In order to avoidand minimize impacts on nesting raptor species ,a 200-foot buffer will be established aroundactive nesting sites during project relate dactivities . No project related activities will b eallowed to occur within this area. The bufferarea can be removed prior to August if aqualified biologist determines that all juvenile shave fledged from occupied nests .Nesting migratory song birds typically nest andrear young from April through August . In orderto avoid and minimize impacts on nestingmigratory song birds, a 100-foot buffer will b eestablished around active nesting sites whenproject activities will occur during their nestingperiod. No project activities will be allowed t ooccur within this zone. The buffer area can b eremoved prior to August if a qualified biologistdetermines that all juveniles have fledged fro moccupied nests .California Condor : This species does not nest inthe

project

area,

nor

do

the

proposedexploratory

wells

and

temporary

sitedevelopments present a threat . As such, n obuffers to nesting sites are deemed necessary .

2 .4

The following avoidance and minimizationmeasures will be implemented to avoid potentialsignificant impacts to the Salinas Pocket Mouse :•

Investigative excavations of burrows o fappropriate size for use by this species will

Sam Avila TR Et Al (PLN090118)Page 19 of 2 5

PermitCond.Number

llititi.Number

Conditions of'Approval and/or Miiization Mcaso ' cs (w( lResponsible Land Use l)t

tnlenr

(unrpliance or Wonitorin0- Action sto be per formed. Where applicable, acirri fled profry 'ronal is required Jo ,

a( lion to beat tt plc,!.

ResponsibleParty for

Compliair< cTiming

Vert (catio nof

Compliance(name/date)

be conducted by a qualified biologist todetermine if they are being occupied b ySalinas pocket mice . If Salinas pocket miceare determined to be occurring within th eproject APE during pre-constructionsurveys, Venoco will consult with CDFG t odetermine the appropriate method torelocate the mice . Project related activitie swould be allowed to proceed after mice ar erelocated .

2 .5

The following avoidance and minimizatio nmeasures will be implemented to avoid potentia lsignificant impacts to the American badger :•

If the qualified biologist determines thatpotential dens are inactive, the biologistshall excavate these dens by hand with ashovel to prevent badgers from re-usingthem during construction .

If the qualified biologist determines thatpotential dens may be may be active, theentrances of the dens shall be blocked withsoil, sticks, and debris for three to five day sprior to

the return

of any badger t odiscourage the use of these dens prior t oproject disturbance . The den entrances shallbe blocked to an incrementally greaterdegree over the three to five-day period .After the qualified biologist determines thatbadgers have stopped using active denswithin the project boundary, the dens shallbe hand-excavated with a shovel to preventre-use during construction .

2 .6

The following avoidance and minimizationmeasures will be implemented to avoid potentia lsignificant impacts to San Joaquin kit fox:

Sam Avila TR Et Al (PLN090118)Page 20 of 25

PermitCond.Number

11th.Nllllll7el'

Conditions of Approval altd/or Mitigation

]CllInd

Responsible I- and

se Department

C Ion/plum(

o!' *lultitr*l ' 117*Actionsto he h4'1formed. Where applicable, aCerrl fli'!l professional is required for -

action to he at( (pled.

Re spon ■ iblePQrt*'

col.

(

Ini/ i1tunceTlllllllg

Verificatio nof

Compliance(nalne/date)

If kit foxes become established in the projectAPE or buffer area where they may b edirectly

or

indirectly

impacted

byconstruction activities, exclusion zones shal lbe established prior to construction by aqualified biologist

around dens

that

arewithin 200 feet of the APE . Exclusion zon efencing should comprise either large flaggedstakes connected by rope or cord, or surveylaths or wooden stakes prominently flagge dwith survey ribbon. Exclusion zones shouldbe roughly circular with a radius of thefollowing distance measured outward fro mthe den entrance:

potential kit fox den 5 0feet, known kit fox den 100 feet, and kit fo xpupping den 200 feet .

Exclusion zones shall be maintained until allconstruction and drilling activities have bee ncompleted, and then removed. If specifiedexclusion zones cannot be observed for an yreason, USFWS and CDFG should b econtacted for guidance prior to

grounddisturbing activities on or near the subjec tden. In the event that USFWS and CDF Gconcur that an occupied San Joaquin kit fo xden

will

be

unavoidably

destroyed

byplanned project action, procedures detailed i nthe USFWS Standardized Recommendationsfor protection of the San Joaquin Kit Fox(USFWS

1995

and

1999)

will

beimplemented .

Den

excavation

will

beundertaken only by a qualified biologistpursuant to USFWS and CDFG authorizatio nand direction for excavation of kit fox denswithin the project site.

Sam Avila TR Et Al (PLN090118)Page 21 of 25

PermitCOllllNunlhol'

l*11tI*T.

NI117be

Conditions of Approval and/or Mitigation llcastt,

s am /Responsible latt(1TTce Department

* (/nl pilau c or Monitoring Action sto he performed. Where applicable, ( i

Ttlfle(l professional ls . required fo i(1(111111

t(7 /IC tl(((t)1C(I.

Responsibl el (U11 fel l

(OlllplINN(CTiming

Vert cationof

Complianc e(name/date,)

-

Destruction of a potential kit fox den mayproceed without prior notification to USFWSand CDFG if no current or previous use o fthe den by kit foxes is evident, as determine dby a qualified biologist . However, if duringexcavation any potential den is determined tobe a currently or previously used kit fox den(e.g., if kit fox sign is found inside), USFWSand CDFG will be notified immediately .

If

dens

are

discovered

outside

of theconstruction zone, but within 50 to 200 fee tof the boundary (depending on the den typeas listed above), the buffer will be increasedto include all areas within the radius statedabove . Dens occurring in the buffer area wil lnot

be

excavated .

If

these

dens

aredetermined to be empty, they should b ecovered with plywood or other suitablematerial that is firmly secured to preventaccess by kit foxes .

Covers

should beinstalled no more than 14 days prior to thestart of construction, and should remain inplace for the duration of construction, afterwhich they will be removed .

If, after following all procedures detailed i nthese

recommendations,

the

qualifiedbiologist is unable to successfully ensur eprotection of individual kit foxes, they shal lcontact USFWS and CDFG for furtherguidance.

SITE PREPARATION AVOIDANCE MEASURES :The following minimization and avoidance measures wil lbe implemented for protection of Special-Status Mamma lSpecies and Wildlife Habitats resources during projec timplementation, prior to any vegetation or grading

Sam Avila TR Et Al (PLN090II8)Page 22 of 25

PermitCaredNumber

"jag.Number

Conditions of 'Approval al[l*/UI' I*1rtl* ratl011 Ili'tL1f1Ic'S tlllt lResponsible Land Use Department

( omphanc e or Monitoring Action sto to , pcifUrrn6ll. {{ here applicable, acei titled professional is required tor "

or non to he accepted .

ResponsiblePatty,for

Compliant e1 iming

Verificationof

Complianc e(name/date)

activities .

2 .7

Hazardous materials, fuels, lubricants, or solvent sthat

are

accidentally

spilled

during

drillingactivities shall be cleaned up and disposed o fimmediately and according to applicable federal ,state, and local regulations .

2 .8

The speed of project-related vehicular traffic shallbe limited to 15 miles per hour once vehicles haveleft Jolon Road and are traveling along theunpaved dirt access road to and from the well site .

2 .9

All equipment storage during site developmentand operation shall be confined to the projec tAPE or to previously disturbed areas off sit ethat are not habitat for sensitive species .

2 .10

Sediment-control devices (e.g ., weed-free strawwattles, silt fence, straw bales, etc .) shall beinstalled around construction work zones t oprevent runoff to adjacent sensitive wildlifehabitats .

2 .11

To prevent entrapment of wildlife species durin gthe

construction

phase

of

the

project,

allexcavated, steep-walled holes and trenches inexcess of 3 feet in depth shall be provided withone or more escape ramps constructed of earthe nfill or a wood/metal plank. If wildlife proofbarricade fencing is available, it should also b eutilized where appropriate. Escape ramps shouldbe at less than a 45 ' angle. Trenches and pitsshould be inspected for entrapped wildlife eachworking

day

before

construction

activitiesresume. Before such pits and trenches are filled ,they

should

be

thoroughly

inspected

fo rentrapped animals . If any wildlife species arediscovered, they should be allowed to escap evoluntarily,

without

harassment,

before

Sant Avila TR Et Al (PLN090118)Page 23 of 25

PermitCOItlINumber Number

Conditions of Approval and/orNlitig*lrrorr llrusrrrc

rrn iResponsible Land UseDelzartulc*nt

C ompl1ance or Monitoring Acttottsto /'

performed. tt here applicable, a('rtitled pI'otrsulnalis required fo r

,droll to I)

accepted.

ResponsibleParty for

Complionc cTIIIrin

Verificatio nof

Compliance(naive/date)

construction activities resume, or removed fromthe trench or hole by a qualified biologist andallowed to escape unimpeded .

2.12

All

construction

pipes,

culverts,

or

similarstructures that are stored at a construction sit eovernight

shall be thoroughly inspected fo rtrapped animals before the pipe is buried, capped ,or otherwise used or moved. Pipes laid intrenches overnight should be capped . If an anima lis discovered inside a pipe, that section of pip eshould not be capped or buried until the anima lhas escaped.

2 .13

All trash items such as wrappers, cans, bottles ,and

food

scraps

generated

both

duringconstruction and subsequent operation shall b edisposed

of in

closed

containers

only

andregularly removed from the site. Food items mayattract animals onto a project site, consequentlyexposing such animals to increased risk if injuryor mortality . No deliberate feeding of wildlifeshould be allowed .

2 .14

To prevent harassment, mortality, or unauthorize d"take" of sensitive species and/or their habitat bydomestic dogs and cats, no pets should b epermitted onsite .

2 .15

Night lighting may have an adverse effect onsensitive habitats and wildlife species near th eproject site. If night lighting is required, thelighting should be directed at the facilities and notat adjacent areas .

2 .16

Impacts

associated with wild fires

can beminimized

by

maintaining

firefightingequipment

on

site

during

project

relatedactivities . The use of shields, protective mats oruse of other fire preventive methods durin ggrinding and welding activities will prevent or

Sam Avila TR Et Al (PLN090118)Page 24 of 2 5

PermitCond.NirlJtber

Mitt g.Number

Conditions of Approval and/or Mitigation llcis111'es ant /Responsible Land Use Departmen t

minimize the potential for fire . Personnel shoul dbe trained regarding fire hazard for wildlife andtheir habitats .

2 .17

All development activities shall halt if any tak e(harming,

harassment,

pursuing,

hunting,shooting, wounding, killing, trapping, capturing ,or collecting, or any attempt to conduct theprevious), injury, or illness of threatened o rendangered species shall be reported promptlyto the USFWS, CDFG, and Monterrey CountyResources Agency, Planning Department .

These minimization and avoidance measures ar econsistent with measures recommended for other wel lsites permitted in the project area .

( 0111plianlee Orl1lollttoril{*

it heal s

to be petformed. II here al1lfttllt,

lt1 fillet/ professional is

et/ /o i

tie tio11 to be 011pa(l.

ResponsibleParty for

CnlNlillUNt'C'Tinting

Verificatio n

,ofCompliance(name/slate)

18 . MM3 CLEAR EXCESS DEBRIS :All equipment, waste, and other construction debri sshall be removed from the site . Disturbed areas outsideof the APE shall be re-vegetated and/or re-graded a snecessary to restore the disturbed areas to their origina lstate in accordance with recommended minimizatio navoidance measures and/or the Landscape restoratio nplan .

The applicant will submit to the RMA-Planning Department photographicevidence of compliance with thismitigation measure .

Owner/Applicant

Prior toexpirationof thi spermit orwithin 3 0days ofceasingactivitieswhicheveroccur sfirst .

END OF MITIGATIONS

Sam Avila TR Et Al (PLN090118)Page 25 of 2 5

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