Present Land Use
Zoned: A-1 (Limited Agriculture) and E 20 (Estate Residential, 20 acres) Designated: 1.1 (State or Federal Land); 8.3 (Extensive Ag, 20 acre min); 8.4 (Mineral and Petroleum, Minimum 5 Acre Size); 8.5 (Resource Management, min 20 acre); 1.1/2.4 (Steep Slope); 8.4 /2.4; 8.5 /2.5 (Flood Hazard)
The Project, as approved by the Department of Fish and Game (DFG), consists of a Major Amendment to the California Endangered Species Act Incidental Take Permit (ITP) referenced above as originally issued by DFG to Terra-Gen Power, LLC in May 2010 and issued in amended form to Alta Oak 1, LLC; Alta Oak II, LLC; Alta Oak III, LLC; Alta Oak IV, LLC; and Alta Oak V, LLC (collectively, Permittee) for the Alta Oak Mojave Wind Project (AOCM) in August 2010. The ITP as originally issued authorizes take of Bakersfield cactus (Opuntia basilaris var. treleasei) and desert tortoise (Gopherus agassizii), species designated as endangered and threatened, respectively, under CESA. The major amendment at issue here, which is the second amendment of the original ITP, removes the operation and maintenance (O&M) activities allowed within an area 500 square feet in size, and instead limits O&M activities to areas previously disturbed during the construction phase of the AOCM. In addition, the second major amendment requires the Permittee to submit as-built plans documenting the permanent structures and temporary disturbance areas associated with construction of the AOCM. DFG issued the original ITP and approved both the first and second major amendments as a responsible agency under the California Environmentally Quality Act (CEQA) relying on an environmental impact report and addendum prepared for the Project, as amended, prepared, certified, and approved by the lead agency, County of Kern.