5. SEIR
Pub. Resources Code §§ 21000 et seq. codify CEQA and govern environmental review by this Commission and other state agencies. Where the Commission is the lead agency for a project, as in this proceeding, it must prepare an environmental document that assesses the project's potential impacts on the environment.13 Under § 15162 of the CEQA Guidelines, an SEIR is appropriate, generally, when only minor additions or changes are necessary for a previously prepared EIR to adequately address the new project's potential environmental impacts.
5.1. Procedural History: Environmental Review
Commission staff, together with the Commission's environmental consultant, Ecology and Environment, determined that an SEIR should serve as the vehicle for environmental review of the Phase 3 expansion by updating the 2002 EIR certified by D.02-07-036. The formal environmental review process commenced on October 7, 2009, when the Commission issued a Notice of Preparation (NOP) of an SEIR, which initiated the 30-day public scoping process. The NOP was published on the Commission's website and was sent by direct mail to federal, state, regional, and local agencies, to elected officials, and to public stakeholders including property owners within 300 feet of the Phase 3 expansion-site. The Commission received one comment letter during the public scoping, from the California Regional Water Quality Control Board, Central Valley Region.
On June 7, 2010, the Commission issued the Draft SEIR and Notice of Availability, which initiated a 45-day public review period (until July 21, 2010). Both documents were mailed to public agencies and interested parties, as was information on the public meeting set for June 29, 2010, in the City of Gridley Council Chambers. Information about the Draft SEIR and the public meeting also were published in three local newspapers. Twelve members of the public and representatives from interested organizations and governmental agencies attended the public meeting; all verbal comments are summarized in Appendix E of the Final SEIR. Copies of all written comments received during the public review period (eight letters with a total of 64 comments) are included in Chapter 4 of the Final SEIR, along with detailed responses to each comment. The following entities submitted written comments: California Regional Water Quality Control Board, Central Valley Region; California Division of Oil, Gas, and Geothermal Resources; Butte County Department of Public Works; Butte County Air Quality Management District; WGC; Niska Gas Storage; and PG&E.
The Final SEIR issued in September 2010. It consists of two volumes, Volume I (the Draft EIR) and Volume II (the Final SEIR), which contains all changes to the Draft SEIR, together with the comments and responses previously described. We mark these documents, respectively, as Reference Exhibit A and Reference Exhibit B, and as so marked, file both of them in the record for this proceeding. Today's decision refers to them individually where necessary and otherwise refers to them collectively as the SEIR.
5.2. Content of SEIR
The Draft and Final SIER are based upon the EIR certified for the Wild Goose expansion in 2002 by D.02-07-036. The SEIR finds new, potentially significant environmental impacts in only two resource areas: Air Quality and Greenhouse Gas Emissions; and Biological Resources. All impacts can be mitigated to a level of less than significant level, pursuant to the Draft Mitigation, Monitoring, and Reporting Program set out in Chapter 5 of the Final SEIR.
In five other resource areas, the SEIR revises mitigation measures required by the 2002 EIR or adds new mitigation measures to address changes "to the resource area setting and any changes to applicable plans, policies, and regulations of agencies with jurisdiction over" the proposed Phase 3 expansion.14 These mitigations affect the following areas: Agriculture and Forestry Areas; Cultural Resources; Hazards and Hazardous Materials; Hydrology; and Noise. Consistent with the previous EIR, there are no potential, significant environmental impacts in the remaining resource areas: Aesthetics; Geology, Soils, and Mineral Resources; Land Use and Planning; Population and Housing; Public Services and Socioeconomics; Recreation; Transportation and Traffic; Utilities and Services Systems.
Below we briefly summarize (1) the two new, potential environmental impacts and corresponding mitigations, and (2) the new and/or revised mitigations in the other five resource areas. The Mitigation, Monitoring and Reporting Program, attached to today's decision as Appendix A, lists all mitigations and describes them in greater detail.
5.3. New Potential Impacts and Corresponding Mitigations
5.3.1. Air Quality and Greenhouse Gas Emissions
To mitigate conflict with or obstruction of the air quality plan that applies in the Phase 3 expansion project area and to mitigate the potential generation of greenhouse gas emissions, several measures must be implemented. These include mitigation measures to: control emissions from construction equipment; prevent and control dust; require development of a construction emissions reduction plan for NOx and the purchase of NOx emissions offsets; require participation in PG&E's Climate SmartTM Program to increase the quantity of electricity from renewable sources used at the Remote Facility Site; and require development of a greenhouse gas reduction plan, as specified.
With these mitigations, the potential environmental impacts identified can be reduced to a less than significant level.
5.3.2. Biological Resources
The Phase 3 expansion project must mitigate impacts to: sensitive wildlife species identified for protection under state and federal laws (including but not limited to Swainson's Hawk, California Burrowing Owl, and the giant garter snake); federally protected wetlands; and native and migratory fish. Required mitigations include preconstruction surveys, specific conditions on construction activities within identified habitats (particularly where sensitive plants occur) and during identified time periods, ongoing coordination and consultation with the California Department of Fish and Game, the United States Fish and Wildlife Service, and other named organizations, as well as on-site monitoring.
With these mitigations, the potential environmental impacts identified can be reduced to a less than significant level.
5.4. New/Revised Mitigations in Other Areas
5.4.1. Agriculture and Forestry Resources
To continue to mitigate conversion of various categories of farmland to non-agricultural use, Wild Goose must purchase or obtain compensatory mitigation, which can take several forms: mitigation credits from a Butte County agricultural mitigation bank; placement of an easement or other restrictions on non-agricultural uses on existing agricultural land in Butte County; mitigation credits from a wetlands and/or endangered species habitat bank.
5.4.2. Cultural Resources
To continue to avoid damage or destruction to historical and/or archaeological resources, PG&E or its contractor must retain a qualified archaeologist to survey the area, as specified, prior to reconductoring, to mark any findings and establish a buffer area around them, and to monitor construction.
5.4.3. Hazards and Hazardous Material
To continue to avoid injury to the public or the environment through the release of hazardous materials, Wild Goose and PG&E must each undertake specified mitigations. These include ongoing monitoring for surface gas releases, and adherence to local, state, and federal regulations governing pipeline construction and maintenance.
5.4.4. Hydrology
To continue to avoid flood-related impacts, the Phase 3 expansion must avoid the following: placement within a 100-year flood plane of structures that might impede or redirect flood flows; and the potential to expose people or structures to injury, death or loss as a consequence of flooding, including flooding attributable to the failure of a levee or dam. As continued mitigation, the SEIR requires compliance with designated engineering specifications and standards.
5.4.5. Noise
Several mitigations are revised and added to ensure mitigation of noise to levels that comply with applicable standards, including the local general plan or noise ordinance. Many of the identified mitigations address construction practices and equipment (engine idling and backup alarm restrictions, required use of noise reduction barriers, etc.). In response to comments on the Draft SEIR from WGC, the Final SEIR requires Wild Goose to monitor noise levels at full build out (or when fewer than 20 wells are operating) and to undertake appropriate mitigation measures to prevent noise levels from exceeding 55 dBA Lmax at a distance of 100 yards from the Well Pad Site berm.15
5.5. Certification
CEQA requires the lead agency to certify that an SEIR was completed in compliance with CEQA, that the agency has reviewed and considered it prior to approving the project, and that the SEIR reflects the agency's independent judgment. This SEIR was completed after proper issuance of a NOP, notice and conduct of public scoping; issuance of the Draft SEIR; notice and conduct of a public meeting on the Draft EIR; and the issuance of the Final SEIR responding to all written and oral comments that were received during the 45-day public comment period.
We certify that the SEIR was completed in compliance with CEQA, that we have reviewed and considered the information contained in it, and that it reflects our independent judgment.
13 See generally Re Southern California Edison Company, D.90-09-059, 37 CPUC2d 413, 421.
14 Draft SEIR at A-1.
15 dBA refers to decibels, measured on an A-weighting scale that includes sound levels outside frequencies audible to the human ear. Lmax refers to the highest A-weighted sound level that occurs during a noise event.
