3. Environmental Compliance

The County of Sacramento has acted as the "lead agency" under the California Environmental Quality Act (CEQA), Pub. Res. Code § 21000, et seq., for the environmental review of the proposed pipeline project. The County prepared a draft Environmental Impact Report (EIR), and the Commission staff was consulted and provided review comments on behalf of the Commission. The Commission is a responsible agency in reviewing the project (CEQA Guidelines at 14 C.C.R. § 15096).

At its meeting on April 17, 2002, the County Board of Supervisors certified the final EIR and tentatively approved the proposed project. On May 1, 2002, the County Board adopted findings of fact and a statement of overriding considerations and approved a grant of easement for the proposed project.1 On May 6, 2002, the County filed a notice of determination with the County Clerk of Sacramento County and with the Governor's Office of Planning and Research. Copies of the County's certified final EIR, the resolution approving the grant of easement, findings of fact and a statement of overriding consideration, and the notice of determination are provided as Exhibit A to the amendment of the application. These documents provided the basis for the Commission to proceed as a responsible agency under CEQA with respect to this application.

1 The grant of easement is authorized to be made to Southwest Airlines, with assignment to Wickland Pipelines pre-approved in the grant. (Exhibit A, Vol. 1.)

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