4. Conclusions of the FEIR
The FEIR concludes that the route identified as the "Mackintosh/ALJ Variation A" alternative is the environmentally superior alternative. That route would keep the new transmission line within the existing right of way along Highway 97, would avoid most of the trimming or removal of mature trees that would be required for the other alternative routes, and would reduce the risk of electricity curtailments because it could be constructed more quickly than other alternatives.
While Highway 97 is where PacifiCorp's existing transmission lines are located, the project will affect views because it uses taller poles and larger conductors. Mitigation measures have been developed to reduce these impacts, including development of a landscape plan and consultation with Siskiyou County Public Works Department, Caltrans, and the Volcanic Legacy Community Partnership to partially screen close range and long range unobstructed views of certain poles along Highway 97. However, even with implementation of this measure, due to the status of Highway 97 as a designated National Scenic Byway, designated County Scenic Highway, and an Eligible State Scenic Highway, this impact would remain significant after mitigation.
Otherwise, all impacts of the environmentally superior alternative can be mitigated. The more notable of those impacts, and their mitigation, are as follows; all impacts of the environmentally superior route, and all mitigation, are contained in Appendix A to this decision:
· Aesthetics/visual resources. First, for all routes studied, including the environmentally superior route, the Weed Segment Project proposed in A.07-01-046 would affect views from a limited portion of the Lincoln Heights residential area in Weed. Mitigation of this impact would involve siting and designing one pole to minimize effects, and developing a landscape plan to screen views of the pole, with Commission review and approval (via the Energy Division) before construction.6 Second, the environmentally superior alternative and the Weed Segment Substation upgrade could create new sources of glare. Mitigation would involve use of nonspecular conductors for the transmission line, and the application of non-reflective or weathered finish to new structures and equipment at the Weed Substation.
· Biological resources. Construction activities would impact habitat and could potentially impact habitat elements such as dens and burrows and transient wildlife; known and unknown populations of special-status plant species; jurisdictional waters of the United States; habitat within the mule deer winter range; active nest sites; and foraging bald eagles. Additionally, construction activities could potentially spread noxious or invasive weeds. Mitigation would involve, among other things, creating buffer zones to minimize impacts to raptors and other large birds, with especially stringent mitigation during nesting season; halting of activities when a bald eagle is seen within 100 yards; a construction moratorium between November 15 and March 15 to avoid impacts on the mule deer winter range; and avoidance and use of driving mats to avoid impacts on jurisdictional waters.
· Hydrology and water quality. Installation of steel Pole 19/45, because of its location and the depth of the required hole, could affect the production or flow of nearby springs or groundwater, or impact local drainage patterns. The required mitigation calls for monitoring of whether, after drilling the hole for the Pole 19/45, the water level drops. If it does, PacifiCorp must seal the affected hole to prevent the level from dropping further, as more fully explained in mitigation measure HYD-VAR/A-4a in Appendix A to this decision.
Consistent with CEQA's requirements, we find that the DEIR and FEIR together provide a detailed and competent informational document and reflect the independent judgment and analysis of the Commission. In addition, we find that the projects, with implementation of the Mitigation Monitoring, Reporting, and Compliance Program we discuss below, will not have a significant effect on the environment except in one respect. As to the significant and unmitigable impact on aesthetics along Highway 97, we note that when a project involves a significant and unmitigable impact, we must adopt a statement of overriding consideration as a prerequisite to approving the project. Because all other routes studied pose even greater environmental impacts, and it is not feasible to adopt the no project alternative given electric demand in the area, we adopt a statement of overriding consideration for the environmentally superior route and approve the project, as more fully addressed in Section 9 below.
6 The Commission's Energy Division and its consultants will be responsible for ensuring that PacifiCorp complies with all mitigation required with the environmentally superior alternative. Decisions that are part of the mitigation requirement need not come back to the Commission for consideration.
