6. Environmentally Superior Alternative

Avoidance Alternative #1 is the environmentally superior alternative due to its reduction of impacts to the Mojave fringe-toed lizard to less than significant with mitigation, and for having the least potential impact on rare plants.

The Southern Alternative is the next in order of environmental superiority because, while it also reduces impacts to the Mojave fringe-toed lizard to less than significant with mitigation, it has the potential to impact desert washes and desert kit foxes and a slightly greater number of unevaluated cultural resources (although these impacts would be less than significant with mitigation).

CARE argues that, contrary to the SEIR's conclusion that the Southern Alternative is next in order of environmental superiority, the SEIR demonstrates that the Southern Alternative is environmentally inferior to the Partial Avoidance Alternative, Avoidance Alternative #2, and Avoidance Alternative #3. CARE alleges that the SEIR describes only the Southern Alternative, and not Avoidance Alternatives #2 or #3, as having "small direct effects resulting from access road construction/widening and transmission tower foundations between the substation and DPV corridor." (SEIR, at Ap.1-26.) CARE misreads the SEIR, which more accurately states that Avoidance Alternatives #2 and #3 (like the Southern Alternative) would not have direct or indirect effects on the sand transport corridor "except for gen-tie lines and access roads." (Cf. SEIR, Ap. 1-26 (Southern Alternative), Ap.1-20 (Avoidance Alternative #2) and Ap. 1-23 (Avoidance Alternative #3).) CARE alleges that the SEIR describes the Southern Alternative as inferior to all other alternatives because it is the only alternative with "numerous potential jurisdictional washes on site" (SEIR, at F-8), and that the SEIR fails to propose any mitigation for impacts to them. CARE overlooks the SEIR's environmental analysis and proposed mitigation, which determined that the mitigation for jurisdictional washes included in the DPV2 EIR/EIS (Mitigation Measures B-1a[Prepare and implement Habitat Restoration/Plan]) would also mitigate any impacts to jurisdictional washes from construction and operation of the Southern Alternative. (SEIR, at D-59.)

We agree with the SEIR's judgment and analysis in reaching its conclusion that the Southern Alternative is environmentally superior to the Partial Avoidance Alternative, Avoidance Alternative #2 and Avoidance Alternative #3.