9. Assignment of Proceeding
Mark J. Ferron is the assigned Commissioner8 and Hallie Yacknin is the assigned ALJ in this proceeding.
1. The ECO Substation Project will have significant and unmitigable impacts on biological resources by resulting in the permanent loss of at least 2.27 acres of USFWS critical habitat for the Quino checkerspot butterfly, a federally endangered species found only in western Riverside Country, southern San Diego County, and northern Baja California, Mexico.
2. The Tule Wind Project will have significant and unmitigable impacts on biological resources by increasing the mortality risk of birds, such as golden eagles, due to collision with operating wind turbines.
3. All other significant biological impacts can be mitigated to less than significant with the mitigation measures identified in the MMCRP.
4. The ECO Substation Project will have significant and unmitigable impacts on visual resources because it will be located in a predominantly undeveloped desert landscape where it will have adverse impacts on scenic vistas and substantially degrade the area's existing visual character.
5. The Tule Wind Project will have significant and unmitigable impacts on visual resources because the proposed wind turbines and associated overhead and underground 34.5 kV collector cable systems would be situated in a natural, undeveloped desert landscape where it will be visually dominant and prominent against the skyline, create significant impacts to scenic views, and introduce a moderate to strong industrial feature into a landscape characterized by a mixture of natural and rural community elements.
6. The ESJ Gen-Tie Project will have significant and unmitigable impacts on visual resources because the ESJ Phase 1 wind turbine to be located in Mexico would create strong, openly visible and sky-lined visual contrasts along the ridgeline and slopes of the Sierra de Juarez Mountains.
7. All other significant visual impacts can be mitigated to less than significant with the mitigation measures identified in the MMCRP.
8. All land use impacts can be mitigated to less than significant with the mitigation measures identified in the MMCRP.
9. All wilderness and recreation impacts can be mitigated to less than significant with the mitigation measures identified in the MMCRP.
10. The ECO Substation Project, Tule Wind Project and the ESJ Gen-Tie Project will not result in any significant adverse impacts on agriculture.
11. The ECO Substation Project and Tule Wind Project will have significant and unmitigable impacts on cultural and paleontological resources because they have the potential to cause adverse and unmitigable impacts to unknown TCP which may be eligible for the National Registry of Historic Places, such as traditional landscapes, topographic elements including sacred mountains, or use areas.
12. All other significant cultural and paleontological impacts from the ECO Substation Project and Tule Wind Project can be mitigated to less than significant with the mitigation measures identified in the MMCRP.
13. The ESJ Gen-Tie Project will not result in any significant adverse impacts on cultural and paleontological resources.
14. The ECO Substation Project and Tule Wind Project will have significant and unmitigable noise impacts that will occur temporarily during construction due to construction-related nighttime noise, helicopters and blasting.
15. All other significant noise impacts from the ECO Substation Project, Tule Wind Project and ESJ Gen-Tie Project can be mitigated to less than significant with the mitigation measures identified in the MMCRP.
16. All transportation and traffic impacts can be mitigated to less than significant with the mitigation measures identified in the MMCRP.
17. All public health and safety impacts can be mitigated to less than significant with the mitigation measures identified in the MMCRP.
18. Construction of the ECO Substation Project will have significant and unmitigable air quality impacts due to the generation of NOx and PM10 emissions in excess of the quantitative emission significance thresholds recommended by the San Diego Air Pollution Control District.
19. Construction of the Tule Wind Project will have significant and unmitigable air quality impacts due to the generation of VOC, NOx, PM2.5, and PM10 emissions in excess of the quantitative emission significance thresholds recommended by the San Diego Air Pollution Control District.
20. Construction of the ESJ Gen-Tie Project will have significant and unmitigable air quality impacts due to the generation of PM10 emissions in excess of the quantitative emission significance thresholds recommended by the San Diego Air Pollution Control District.
21. The combined construction of the ECO Substation Project, Tule Wind Project and ESJ Gen-Tie Project will have significant and unmitigable air quality impacts due to the generation of CO emissions in excess of the quantitative emission significance thresholds recommended by the San Diego Air Pollution Control District.
22. All other significant air quality impacts can be mitigated to less than significant with the mitigation measures identified in the MMCRP.
23. All water resources impacts can be mitigated to less than significant with the mitigation measures identified in the MMCRP.
24. All geology, mineral resources, and soils impacts can be mitigated to less than significant with the mitigation measures identified in the MMCRP.
25. All public services and utilities impacts can be mitigated to less than significant with the mitigation measures identified in the MMCRP.
26. The ECO Substation project will have adverse and unmitigable impacts on fire and fuels management because the ECO Substation overhead transmission lines will be located primarily within a very high fire hazard severity zone, the possibility of a transmission line fault creates a risk of fire, and transmission lines reduce firefighter effectiveness.
27. All other significant fire and fuels management impacts can be mitigated to less than significant with the mitigation measures identified in the MMCRP.
28. The ECO Substation Project, Tule Wind Project, and the ESJ Gen-Tie Project will not result in any significant adverse impacts on social and economic conditions.
29. The ECO Substation Project, Tule Wind Project, and the ESJ Gen-Tie Project will not result in any significant adverse impacts on environmental justice.
30. The ECO Substation Project, Tule Wind Project and the ESJ Gen-Tie Project will not result in any significant adverse impacts on climate change.
31. The environmentally superior alternative, other than the "no project" alternative, is the ECO Substation Alternative combined with the ECO Partial Underground 138 kV Transmission Route Alternative, Tule Wind Alternative 5 (reduction in turbines) combined with Tule Wind Alternative 2 (underground the 138 kV transmission line from the operations and maintenance and collector substation facilities co-located on Rough Acres Ranch), and the ESJ Gen-Tie Overhead Alternative Alignment.
32. The Commission has reviewed and considered the information contained in the EIR/EIS.
33. The EIR/EIS reflects the Commission's independent judgment and analysis.
1. The EIR/EIS was completed in compliance with CEQA.
2. Exhibit 12, "ECO/Tule/ESJ Gen-Tie Final EIR/EIS Errata," and Exhibit 13, "ECO/Tule/ESJ Gen-Tie Final EIR/EIS Second Errata," should be admitted into the evidentiary record.
3. Iberdrola Renewables, LLC's motion for party status should be granted.
4. This order should be effective immediately.
IT IS ORDERED that:
1. The Environmental Impact Report/Environmental Impact Statement for the East County Substation, Tule Wind, and Energia Sierra Juarez Generation Tie-In Projects is certified as having been completed in compliance with the California Environmental Quality Act, reviewed and considered by the Commission prior to approving the project, and reflective of the Commission's independent judgment.
2. Exhibit 12, "ECO/Tule/ESJ Gen-Tie Final EIR/EIS Errata," and Exhibit 13, "ECO/Tule/ESJ Gen-Tie Final EIR/EIS Second Errata," are admitted into the evidentiary record.
3. Iberdrola Renewables, LLC is granted party status.
This order is effective today.
Dated April 19, 2012, at San Francisco, California.
MICHAEL R. PEEVEY
President
TIMOTHY ALAN SIMON
MICHEL PETER FLORIO
CATHERINE J.K. SANDOVAL
MARK J. FERRON
Commissioners
8 The proceeding was reassigned from Commissioner Michael R. Peevey to Commissioner Ferron on April 13, 2011.
