The Alternate Decision of Commissioner Wood in this matter was mailed to the parties in accordance with Section 311 of the Pub. Util. Code and Rule 77.6 of the Rules of Practice and Procedure. Comments were filed by Kottinger Ranch Homeowners Assn. and City of Pleasanton (Pleasanton Parties), City of Ramon, City of Livermore, and California Independent System Operators. Reply comments were filed by Pleasanton Parties, PG&E, and ORA.
1. The project elements in Pleasanton, North Livermore and Dublin are needed to maintain reliability of the electric transmission system in the Tri Valley area.
2. Measure D limits growth in the vicinity of PG&E's proposed North Livermore substation. 3. The most likely near-term growth in the Livermore/Las Positas DPA is primarily occurring more than four miles from the location of PG&E's proposed North Livermore substation. Phase 2 of PG&E's proposed project is not needed until at least 2009.
3. There is a need for additional capacity in North Livermore at this time to help serve anticipated load between North Livermore and the Las Positas substation and to provide flexibility to meet potential future demand in the North Livermore Specific Plan area.
4. PG&E did not construct a 230 kV transmission line connection to Vineyard Substation for which it received a CPCN in 1988.
5. The environmentally superior transmission line routes we select, S2A/S2 , in their entirety, pose less harm to the environment than do the alternate routes proposed by PG&E and other parties to this proceeding.
6. PG&E's proposed Dublin substation location, which we select, more accurately reflects community values in the Dublin area.
7. Construction of PG&E's proposed North Livermore and Dublin projects results in significant and unavoidable visual and growth inducing impacts.
8. Solid dielectric cable technology is safe for installation in all types of land uses as long as it is protected by a concrete duct bank and appropriate relay, fault detection and protection equipment.
9. PG&E's project specific unit cost estimate for underground construction overstates the per mile cost of construction along relatively flat terrain that is without significant utility conflicts.
10. PG&E's land acquisition cost estimates assume payment for purchases of easements at fee interest.
11. PG&E's land acquisition cost estimates include two separate contingency factors.
12. PG&E's land acquisition cost estimates overstate the costs of acquiring easements for the alternatives studied.
13. Removal of the existing 60 kV transmission line between Tesla-Newark and Vineyard substation will allow full use of the Neal Elementary School site for school uses.
14. We are not obligated to choose the least costly route if that route causes greater environmental harm than more costly routes or if some other route most closely reflects the prevalent community values.
15. The Commission has reviewed and considered the information in the FEIR before approving the project.
16. The FEIR identifies significant environmental effects of the environmentally superior route that can be mitigated or avoided to the extent that they become not significant. The FEIR describes measures that will reduce or avoid such effects.
17. The mitigation measures identified in the FEIR are reasonable.
18. As lead agency under CEQA, the Commission is required to monitor the implementation of mitigation measures adopted for this project to ensure full compliance with the provisions of the monitoring program.
19. The Mitigation Monitoring, Compliance, and Reporting Plan in Section F of the FEIR conforms to the recommendations of the FEIR for measures required to mitigate or avoid environmental effects of the project that can be reduced or avoided.
20. The Commission will develop a detailed implementation plan for the Mitigation Monitoring, Compliance, and Reporting Plan.
21. The FEIR identifies the S2A/S2 and S2A/S2/S5 and D1 as environmentally superior alternatives to PG&E's proposed project.
22. The FEIR identifies only one significant environmental impact of the environmentally superior route that cannot be mitigated or avoided, the hazard of seismic failure of Del Valle Dam, which is not affected by adoption of the project or any alternative.
23. The FEIR identifies significant growth inducing impacts related to the proposed Dublin and North Livermore substations.
24. The FEIR identifies significant visual impacts related to the North Livermore substation.
25. No feasible mitigation exists to reduce the significant environmental effects to less than significant.
26. The specific overriding benefits of the environmentally superior route outweigh the significant effects on the environment. The benefits of the transmission line and substation projects, provision of increased electric supply, and increased reliability to the Tri Valley area, outweigh the potential environmental impacts. The community values in the Dublin area outwegh the potential environmental impacts of PG&E's proposed Dublin substation.
27. We have considered and approve of the discussion in the FEIR covering parks and recreation, cultural and historic resources, environmental impacts generally, and the public comment and response section, and find that it adequately reflects our consideration of the Section 1002 factors.
28. A reasonable price cap for this project is $118,359,015.
1. The Commission has jurisdiction over the proposed project pursuant to Pub. Util. Code § 1001 et seq.
2. The Commission has authority to cap project costs pursuant to Pub. Util. Code § 1005.5.
3. The Commission does not have authority to impose a "hard" cost cap that may never be increased in view of Pub. Util. Code § 1005.5(b)'s provision for increases in the cost cap.
4. The Commission should approve a price cap of $118,359,015 for this project.
5. The ISO has responsibility to ensure the reliability of the State's electrical system pursuant to Pub. Util. Code § 345. However, ensuring reliability and deciding that a particular transmission project should be built are two separate issues.
6. This Commission's cost cap set pursuant to Pub. Util. Code § 1005.5 has bearing on the amount of cost recovery PG&E may seek from the FERC.
7. The Commission retains authority to approve PG&E's EMF mitigation plan to ensure that it does not create other adverse environmental impacts.
8. Commission approval of PG&E's application, as modified herein, is in the public interest.
9. PG&E's project specific unit cost estimate for underground construction should be adjusted downward by 10% for certain alternatives.
10. PG&E's land acquisition costs should be adjusted to remove the duplicate contingency factor because the estimates already assume payment of fee interest for purchase of easements.
11. The approval of the application, as provided herein, should be conditioned upon construction according to the environmentally superior routes S2A/S2 ,and the completion of the mitigation measures identified in the FEIR and Appendix C and D hereto. The mitigation measures are feasible and will minimize or avoid significant environmental impacts. Those mitigation measures should be adopted and made conditions of project approval.
12. Removal of the portions of the existing 60 kV transmission line between Tesla-Newark and Vineyard Substation that are no longer required to serve Iuka Substation should be a condition of project approval.
13. After considering and weighing the values of the community, benefits to parks and recreational areas, the impacts on cultural and historic resources, and the environmental impacts caused by the project, we conclude that the CPCN for the S2A/S2, the Proposed North Livermore Substation and related lines as described in this decision, and the proposed Dublin Substation location and related lines as described in this decision, should be approved.
14. Based on the completed record before us, we conclude that other alternatives identified in the FEIR are infeasible, pose more significant environmental impacts, or are less consistent with community values than the route we select in this decision.
15. Pub. Util. Code § 625(a)(l)(A) does not apply to this project. However, PG&E must provide notice pursuant to § 625 (a)(l)(B) if and when it pursues installation of facilities for purposes of providing competitive services.
16. The petition to intervene filed by Zone 7 should be denied.
IT IS ORDERED that:
1. A Certificate of Public Convenience and Necessity is granted to Pacific Gas and Electric Company (PG&E) to construct an approximately 5.7 mile underground 230 kV double circuit transmission line from PG&E's Contra Costa-Newark transmission line in Alameda County to its existing Vineyard Substation and associated substation upgrades.
2. A Certificate of Public Convenience and Necessity is granted to PG&E to construct its proposed new substation in Dublin, as well as the overhead and underground 230 kV double circuit transmission line as described in this decision to connect the new Dublin substation to the North Livermore substation and then to the existingContra Costa-Newark 230 kV transmission line.
3. PG&E shall, as a condition of approval, build the project in accordance with the environmentally superior route identified as S2A/S2. In addition, PG&E shall comply with all mitigation measures specified in Appendix C and D attached hereto, and removal of the portions of the existing 60 kV line between Tesla-Newark and Vineyard Substation that are no longer required to serve Iuka Substation, as directed by the Commission's Executive Director or his designee(s). PG&E shall work with the Commission's Energy Division to create more detailed maps for use in construction and mitigation monitoring of the selected route to supplement those provided in Appendix A to this decision.
4. PG&E's project costs shall be capped at $118,359,015 for the project authorized.
5. Once PG&E has developed a final detailed engineering design-based construction estimate for the adopted route, if this estimate is one percent or more lower than the adopted cost cap, PG&E must, within 30 days, show cause why we should not lower the Pub. Util. Code § 1005.5 cost cap to reflect the final estimate.
6. PG&E shall, prior to commencing construction, submit a detailed EMF mitigation plan for approval of the Commission's Energy Division. The plan shall describe in detail each mitigation element, the cost of each element, and the percentage by which that mitigation will reduce EMF levels.
7. The Executive Director shall supervise and oversee construction of the project insofar as it relates to monitoring and enforcement of the mitigation conditions described in Appendix C and D to this decision. The Executive Director may delegate his duties to one or more Commission staff members or outside staff. The Executive Director is authorized to employ staff independent of the Commission staff to carry out such functions, including, without limitation, the on-site environmental inspection, environmental monitoring, and environmental mitigation supervision of the construction of the project. Such staff may be individually qualified professional environmental monitors or may be employed by one or more firms or organizations. In monitoring the implementation of the environmental mitigation measures described in Appendix C and D, the Executive Director shall attribute the acts and omissions of PG&E's employees, contractors, subcontractors, or other agents to PG&E. PG&E shall comply with all orders and directives of the Executive Director concerning implementation of the environmental mitigation measures described in Appendix C and D.
8. The Executive Director shall not authorize PG&E to commence actual construction until PG&E has entered into a cost reimbursement agreement with the Commission for the recovery of the costs of the mitigation monitoring program described in Section F of the Final Environmental Impact Report, including, but not limited to, special studies, outside staff, or Commission staff costs directly attributable to mitigation monitoring. The Executive Director is authorized to enter into an agreement with PG&E that provides for such reimbursement on terms and conditions consistent with this decision in a form satisfactory to the Executive Director. The terms and conditions of such agreement shall be deemed conditions of approval of the application to the same extent as if they were set forth in full in this decision.
9. PG&E's right to construct the project as set forth in this decision shall be subject to all other necessary state and local permitting processes and approvals.
10. PG&E shall file a written notice with the Commission, served on all parties to this proceeding, of its agreement, executed by an officer of PG&E duly authorized (as evidenced by a resolution of its board of directors duly authenticated by a secretary or assistant secretary of PG&E) to acknowledge PG&E's acceptance of the conditions set forth in Ordering Paragraphs 1 through 9, inclusive, of this decision. Failure to file such notice within 75 days of the effective date of this decision shall result in the lapse of the authority granted by this decision.
11. The Executive Director shall file a Notice of Determination for the project as required by the California Environmental Quality Act and the regulations promulgated pursuant thereto.
12. Upon satisfactory completion of the project, a notice of completion shall be filed with the Executive Director by the Energy Division.
13. The Petition to Intervene filed by the County of Alameda Flood Control and Water Conservation District-Zone 7 is denied.
14. Application 99-11-025 is closed.
This order becomes effective today.
Dated October 10, 2001, at San Francisco, California.
LORETTA M. LYNCH
President
CARL W. WOOD
GEOFFREY F. BROWN
Commissioners
I will file a concurrence.
/s/ LORETTA M. LYNCH
President
I dissent.
/s/ RICHARD A. BILAS
Commissioner
I will file a dissent.
/s/ HENRY M. DUQUE
Commissioner
Commissioner Henry M. Duque dissenting:
While it is tempting to give in to the whims and desires of local governments and landowners in the choice of a substation location and win monumental political brownie points in return, that is not what this Commission is asked to do. We are asked to make judgements and decisions which best serve the interests of the state, and we are asked to make decisions which make sense. The decision violates both these principles, and let me explain why.
The order has this Commission bless a project proposal when the utility has not met its burden of proof in showing that the North Livermore substation is needed. While I agree that the proposed decision from the administrative law judge did not go far enough in recognizing the possibility of Livermore annexation and build out, this decision isn't the answer. If Livermore were to annex the property and the resultant build out of that area began, I would rather have modified the proposed ALJ's decision to include procedures on how the Commission might TIMELY approve the North Livermore substation project. The decision today would set the dangerous precedent of this Commission pre-approving a transmission project based on a need that MAY materialize. We will have egg on our face someday if there's overbuilding. Maybe not specifically in this case, but it's a slippery slope that I don't wish to travel.
The other policy guideline I like to use to make sound decisions is the test of whether a decision makes sense. On this test, I believe the decision fails. The decision would have this Commission bless a Dublin substation location that is far removed from the load site. This does not make good planning sense. So why are we considering an alternative? Because the local officials want it to go elsewhere. They argue zoning and aesthetics, but this isn't the full picture. Local government wants it to go elsewhere in order to keep the D1 landsite open for commercial development and ultimately revenue enhancement. I don't believe that we are given the mandate to look out solely for the interests of local government. While one might argue that the location of a substation is, in this one instance, insignificant, the ratepayers are not indifferent to the resultant costs and design ramifications of locating substations further and further away.
For these reasons I must respectfully dissent.
/s/ HENRY M. DUQUE
Henry M. Duque
Commissioner
San Francisco, California
October 10, 2001
A. |
Application |
ALUC |
Airport Land Use Commission |
CalTrans |
California Department of Transportation |
CEQA |
California Environmental Quality Act |
CPCN |
Certificate of Public Convenience and Necessity |
D. |
Decision |
DEIR |
Draft Environmental Impact Report |
DHS |
California Department of Health Services |
DPA |
Distribution Planning Area |
ELF |
Extremely low frequency |
EMF |
Electric and magnetic field |
FAA |
Federal Aviation Administration |
FEIR |
Final Environmental Impact Report |
GO |
General Order |
ISO |
California Independent System Operator |
kV |
kilovolt |
mG |
milligauss |
MVA |
Megavolt-ampere |
MW |
Megawatt |
NIEHS |
National Institute of Environmental Health Sciences |
OSHA |
California Occupational Safety and Health Administration |
PEA |
Proponent's Environmental Assessment |
PG&E |
Pacific Gas and Electric Company |
UPRR |
Union Pacific Railroad |
USACE |
U.S. Army Corps of Engineers |
USFWS |
U.S. Fish and Wildlife Service |
APPENDIX A
Figure B-2
Proposed Project and
All EIR Alternatives
NOTE: See CPUC Formal Files for Appendix A
APPENDIX A
(See Figure B-2, Exhibit 1003)
APPENDIX B
Figure B-1
Proposed Transmission Line
Routes and Substations
NOTE: See CPUC Formal Files for Appendix B
(See Figure B-1, Exhibit 1003)
Measure |
APPLICANT PROPOSED MITIGATION MEASURES |
Applicable Route or Substation |
5.1 |
All new access roads will be gated and locked at fence lines. |
All |
5.2 |
All new access roads will have a "No Trespassing" sign posted at their entrance from a public roadway. |
All |
5.3 |
PG&E will pay restitution for relocating wind turbines and restricting wind farm operations that are currently located outside of PG&E's existing easement. |
All |
6.1 |
PG&E will keep construction-related activity as clean and inconspicuous as practical by generally storing building materials and equipment away from public view and removing construction debris promptly at regular levels |
All |
7.1 |
Any permanent loss of emergent wetlands resulting from the construction of access roads will be mitigated at a ratio of 1:1 through: · The purchase, restoration and protection of severely degraded wetlands in the vicinity of the project, · The creation of new emergent wetland from upland habitat within the vicinity of the project, and/or · The purchase from a mitigation bank of similar wetlands in the vicinity of the project. |
All |
7.2 |
Following the completion of all special status plant surveys, if it is determined that they occur within the project area, PG&E will modify the project to avoid impacts to the identified species. If identified special status plant species cannot be avoided, PG&E will: · Modify the project to minimize impacts to identified species · Acquire suitable habitat for identified species within the project vicinity · Develop a long term habitat enhancement plan (HEP) for identified species · Monitor the implementation of and the compliance with mitigation measures as outlined in the HEP. |
All |
7.3 |
PG&E will comply with the USFWS's "Standard Recommendations for the Protection of the San Joaquin Kit Fox Prior to or During Ground Disturbance," (USFWS, April 1, 1997). This document includes measures for preconstruction surveys and measures to minimize or eliminate mortality, harm, or harassment resulting from construction activity. All surveys and den excavations will be conducted by a qualified biologist. · Preconstruction/preactivity surveys will be conducted in the proposed active phase area no less than 14 days and no more than 30 days prior to the beginning of ground disturbance and/or construction activities that are likely to impact the San Joaquin kit fox · Any potential den will be monitored for evidence of kit fox use by placing a tracking medium at den entrances for at least 3 consecutive nights. If a den is determined to be occupied, progressive plugging of the den may be employed to discourage use, and the den closed after it is determined to be unoccupied for a minimum of 3 consecutive nights (USFWS, 1997) · Potential dens that can be avoided during ground disturbing activities will have an exclusion zone established around them. The radius of the exclusion zone will be 100 feet for known dens and 50 feet for potential or atypical dens · Project-related vehicles will observe a 20-mph speed limit in project areas deemed to provide kit fox habitat (as per Construction and Operational Requirements, USFWS 1997), except as posted on county roads, and state and federal highways. Nighttime construction will be minimized. Vehicles will be limited to the designated project area to avoid kit fox habitat · The use of rodenticides and herbicides will be restricted by PG&E within project boundaries · To prevent accidental entrapment of kit fox during construction, all excavated holes or trenches will be covered at the end of each work day with plywood or similar materials. Before such holes are filled, they will be thoroughly inspected for trapped animals. In the event of a trapped animal, ramps or other structures will be installed immediately to allow the animal to escape, or the USFWS will be contacted for advice · PG&E will appoint a representative who will notify the USFWS and CDFG immediately in the event of an accidental death or injury to a kit fox during project-related activities, and a follow-up letter will be submitted within 3 working days of the accident · All temporary disturbance areas will be recontoured, if necessary, and revegetated to promote restoration of the area to pre-project conditions. |
All |
7.3(a) |
All foraging and denning habitat that could be lost to construction activities will be calculated and reported to the USFWS and CDFG. This acreage will be mitigated at a 3:1 ratio with the purchase of habitat credits or the purchase of offsite mitigation land. |
All |
7.4 |
If occupied habitat is detected either within the right-of-way or 250 feet from the project-impact area, measures to avoid, minimize, or if necessary, mitigate impacts will be incorporated into the project. For the burrowing owl (known to be present), specific mitigation measures are suggested by CDFG (Burrowing Owl Consortium, 1993) and are discussed separately under Measure 4(a). All species and subspecies of the families listed in the Migratory Bird Treaty Act and their nests are protected. In addition, the golden eagle is protected under the Bald Eagle Protection Act. Take of individual animals will be avoided by conducting pre-construction surveys before the spring breeding season (and prior to start of construction). A survey of the construction area for potential avian species will be performed by a qualified biologist. It is expected that if construction occurs in suitable habitat before the onset of the breeding season, the construction disturbance would cause bird species to seek alternate sites for breeding and nest construction. The following measures will reduce the likelihood of impacting either sensitive habitat or directly impacting birds that could be nesting. _ To the extent possible, transmission line towers and access roads will avoid sensitive habitat. Flexibility exists in the exact placement of these features _ To the extent possible, the breeding season (February to September) will be avoided; however, if avoidance of active nests is not practicable, a construction-free buffer of at least 250 feet around the nest will be maintained to protect breeding birds _ A biological monitor will remain onsite to monitor the activity of the nesting birds during work to determine if work could continue without causing significant disturbance to the birds and to ensure implementation of and compliance with all avoidance and mitigation measures _ Wetland habitat will be spanned by the transmission line. At Arroyo del Valle, a dry bore will be made under the riverbed. These methods are included to avoid direct impacts to breeding habitat _ Should nest abandonment during breeding occur, the biological monitors will notify the appropriate resource agencies. |
All |
7.4(a) |
A pre-construction survey will be conducted by a qualified biologist in all areas providing suitable habitat at least 30 days prior to construction according to the most recent Burrowing Owl Survey Protocol and Mitigation Guidelines (Burrowing Owl Consortium, 1993), and as suggested by CDFG. Surveys will cover grassland areas within a 500-foot buffer along the proposed transmission line routes and substations, and they will include areas designated for temporary laydown areas and access roads. The survey will include checking for the burrowing owl and owl sign. If owls are found to be using the site and avoidance is not feasible, a passive relocation effort (displacing the owls from the site) may be conducted as described below, subject to the approval of the CDFG. If occupied habitat is found on or adjacent to the Proposed Project features, measures to avoid, minimize, or mitigate impacts to burrowing owls will be incorporated into the project. They will include: _ Confirmed unoccupied burrows along the route may be collapsed _ Establish areas around the occupied burrows where no disturbance may occur. The sensitive areas shall extend 160 feet around the occupied burrows during the non-breeding season of September 1 through January 31, and shall extend 250 feet around occupied burrows during the breeding season from February 1 through August 31. A barrier fence will be erected during the breeding season around occupied burrows. If this avoidance method is not possible, passive relocation of the owls may occur but only during the non-breeding season. Passive relocation would include installing one-way doors on the entrances of burrows located within 250 feet of the Proposed Project features. The one-way doors shall be left in for 48 hours to ensure the owls have vacated the burrow. Owls would not be relocated during the breeding season. _ For each active burrow that will be excavated by project construction, one natural or artificial burrow will be provided outside of the 250-foot buffer. These alternate burrows will be monitored daily for 1 week to ensure the owls have successfully moved _ Burrows within the construction area shall be excavated under the supervision of a biological monitor using hand tools and then refilled to prevent reoccupation. If any burrowing owls are discovered during excavation, the excavation shall cease and the owl allowed to escape. Excavation may be completed when the biological monitor confirms that the burrow is empty _ All work will be coordinated with CDFG. |
All |
7.5 |
· Before the spring breeding season (and prior to start of construction), a survey of the construction area for potential sensitive habitat will be performed by a qualified biologist. It is expected that if construction occurs in suitable habitat before the onset of the breeding season, the construction disturbance would cause mammal species to seek alternate sites for breeding and denning · To the extent possible, sensitive habitat, including burrows, would be avoided by moving the location of the transmission pole or the location of access roads. Some flexibility exists in the exact placement of these features along the route · A biological monitor will be present to ensure implementation of, and compliance with, these mitigation measures · A minimum buffer of at least 300 feet will be maintained around known dens of the American badger during the breeding season (March to September) to avoid direct loss of individuals · Vehicular speeds will be kept to 20 mph in sensitive wildlife habitat · If sensitive species are located prior to construction, PG&E will consult with the USFWS and CDFG to coordinate avoidance. |
All |
7.6 |
Prior to construction, surveys will be performed at aquatic sites that could potentially be impacted by project activities and for which presence or absence of the species has not yet been demonstrated. To avoid construction impacts to aquatic habitats, a buffer zone of 30 feet during the dry season (May to October) and 200 feet during the wet season (November to April) will be established around all ponds and drainages in the project area that contain this species and could potentially be impacted by project activities. Buffers are work exclusion areas. If work must be conducted in buffer zones, the type and duration of the work will be negotiated with the appropriate resource agency prior to construction in the area. To minimize impacts to the ephemeral drainage at Milepost B13.18, appropriate construction techniques will be employed to minimize disturbance of stream channels and banks. If significant impacts occur to breeding or estivation habitat of the CRLF, PG&E will replace the habitat at a ratio negotiated with USFWS. The permanent loss of estivation habitat (upland impacts) due to construction of access roads and towers could be considered a significant impact by the USFWS and could require a replacement ratio of 1:1. However, this would vary depending on the abundance of suitable habitat in the project vicinity. In the unlikely event that construction activities occur in wetlands identified as suitable CRLF habitat, PG&E will enter into formal consultation with the USFWS and implement the avoidance and minimization measures outlined in a Biological Assessment prepared for the CRLF. Avoidance and minimization measures that the USFWS would likely require include the following: _ Prior to the initial site investigation and subsequent ground-disturbing activities, a qualified biologist would instruct all project personnel in environmental training, including recognition of CRLF and their habitat. Under this program, workers shall be informed about the presence of CRLF and habitat associated with the species, and that unlawful take of the animal or destruction of its habitat is a violation of the federal Endangered Species Act. The biologist shall instruct all construction personnel regarding the life history of CRLF, the importance of marshes/wetlands to the frog, and the terms and conditions of the Biological Opinion _ A qualified biologist would be present during construction activities to monitor and determine the extent of potential ground-disturbing activities within 30 feet of suitable habitat _ Ground-disturbing activities within 30 feet of suitable habitat could only occur between May 1 and October 31 _ Between November 1 and April 30, ground-disturbing activities will not occur within 30 feet of suitable habitat _ Between May 1 and October 31, equipment will not be allowed within 30 feet of suitable habitat until a qualified biologist inspects the site to ensure the route was clear of CRLF _ Clearing of wetland vegetation will be confined to the minimal area necessary. Excavation activities will be accomplished by using equipment located on and operated from the side of the drainage with the least interference practicable for emergent vegetation _ If a CRLF is encountered during excavations, activities would cease until the frog was removed and relocated by a USFWS approved biologist. _ After completion of construction activities, any debris will be removed and, wherever feasible, disturbed areas will be restored to pre-project conditions. A restoration plan will be prepared for those sites where emergent vegetation is removed. The following elements will be included in the restoration plan: _ Prior to all construction activities, the site will be photographed to establish the pre-project condition _ After completion of construction activities, the site will be graded to the pre-existing contour or a contour that would improve the restoration potential of the site. _ The site will be replanted and hydro-seeded. Recommended plantings consist of wetland emergents, low-growing cover on or adjacent to banks, and upland plantings/hydro-seeding to encourage use by other wildlife. Replanting should involve the same species removed during construction. Plantings should be at least the same density and compositions as the pre-project level _ The restoration plan will identify success criteria for the restoration _ Habitat restoration will be monitored for 1 year from implementation. Monitoring reports documenting the restoration effort will be submitted to the USFWS upon completion of the restoration implementation and 1 year from restoration implementation. Monitoring reports will include photo documentation, the date restoration was completed, and the species used for plantings. Monitoring reports will also include recommendations for remedial actions; approval from the USFWS, if necessary; and justification from release of any further monitoring, if requested. |
All |
7.7 |
Prior to construction, surveys will be performed at aquatic sites that could potentially be impacted by project activities and for which presence or absence of the species has not yet been demonstrated. To avoid potential construction impacts to aquatic habitats, a buffer zone of 30 feet during the dry season (May to October) and 200 feet during the wet season (November to April) will be established around all ponds and drainages in the project area that contain this species and could potentially be impacted by project activities. Buffers are work exclusion areas. If work must be conducted in buffer zones, the type and duration of the work will be negotiated with the appropriate resource agency prior to construction in the area. If significant impacts occur to CTS estivation or breeding habitat, PG&E will replace the habitat at a ratio negotiated with CDFG. The permanent loss of estivation habitat usually requires a replacement ratio of 1:1; however, this may vary if estivation habitat is abundant in the general vicinity. In the unlikely event that excavation activities occur in wetlands identified as suitable CTS habitat, PG&E will enter into formal consultation with CDFG and USFWS and will implement avoidance and minimization measures. These measures could include the following: · Before construction begins, a qualified biologist will instruct all project personnel in environmental awareness training, including recognition of CTS and their habitat. Under this program, workers shall be informed about the presence of CTS and habitat associated with the species, and that unlawful take of the animal or destruction of its habitat would be a violation under state law. The biologist will instruct all construction personnel regarding the life history of CTS, the importance of wetlands to the salamander · A qualified biologist will be present during construction activities to monitor and determine the extent of potential ground-disturbing activities within 30 feet of suitable habitat · Ground-disturbing activities within 30 feet of suitable habitat could only occur between May 1 and October 31 · Between November 1 and April 30, ground-disturbing activities will not occur within 200 feet of suitable habitat · Clearing of wetland vegetation will be confined to the minimal area necessary. Excavation activities will be accomplished by using equipment located on and operated from the side of the drainage with the least interference practicable for emergent vegetation · Before allowing equipment within 30 feet of suitable habitat, a qualified biologist will inspect the site to ensure the route is clear of CTS · If a CTS is encountered during excavations, activities would cease until the salamander was removed and relocated by a CDFG-approved biologist · After completion of construction activities, any construction debris will be removed; wherever feasible, disturbed areas shall be restored to pre-project conditions. |
All |
7.8 |
Prior to construction, surveys will be performed at aquatic sites that could potentially be impacted by project activities and for which presence or absence of the species has not yet been determined. To avoid potential construction impacts to aquatic habitats, a buffer zone will be established around all ponds in the project area which contain this species and could potentially be impacted by project activities. Buffers are work exclusion areas. If work must be conducted in buffer zones, the type and duration of the work will be negotiated with the appropriate resource agency prior to construction in the area. This buffer zone will be a minimum of 30 feet during the dry season (May to October) and a minimum of 200 feet during the wet season (November to April). |
All |
7.9 |
Prior to construction, surveys will be performed at aquatic sites that could potentially be impacted by project activities and for which presence or absence of the species has not yet been determined. To avoid potential construction impacts to aquatic habitats, a buffer zone of 30 feet during the dry season (May to October) and 200 feet during the wet season (November to April) will be established around all ponds in the project area that contain this species and could potentially be impacted by project activities. Buffers are work exclusion areas. If work must be conducted in buffer zones, the type and duration of the work will be negotiated with the appropriate resource agency prior to construction in the area. |
All |
7.10 |
Prior to construction, surveys will be performed at aquatic sites that could potentially be impacted by project activities and for which presence or absence of the species has not yet been determined. To avoid potential construction impacts to aquatic habitats, a buffer zone will be established around all ponds and drainages in the project area which contain this species and could potentially be impacted by project activities. Buffers are work exclusion areas. If work must be conducted in buffer zones, the type and duration of the work will be negotiated with the appropriate resource agency prior to construction in the area. A 250-foot buffer will be maintained during the wet season (first substantial rainfall after October 31 until May 15), and a 100-foot buffer will be maintained during the remainder of the year. Construction monitoring will be done at each Seasonal Wetland with the potential to support listed shrimp. Monitoring of each site will occur during all construction activities within 250 feet of potential habitat. If the areas of potential shrimp habitat can be avoided, no additional mitigation measures are required. If the wetlands cannot be avoided, formal consultation with the USFWS would be required, and a Biological Assessment would need to be prepared. |
All |
7.11 |
To avoid potential construction impacts to aquatic habitats, a buffer zone of 30 feet during the dry season (May to October) and 200 feet during the wet season (November to April) will be established around all ponds in the project area that contain this species and could potentially be impacted by project activities. Buffers are work exclusion areas. If work must be conducted in buffer zones, the type and duration of the work will be negotiated with the appropriate resource agency prior to construction in the area. |
All |
7.13 |
The following measure will be implemented to reduce perching and predation opportunities: _ Tubular steel poles will be used extensively throughout the project area to minimize perching and predation opportunities _ Predation opportunities will be further reduced through the use of deterrents such as bird guards (Nixalite) to discourage perching of raptors at all tower locations within areas containing suitable habitat for burrowing owls. This deterrent consists of rows of spring-tempered nickel stainless-steel prongs with sharp points extending outward at all angles, except where affixed, on potential perches on new poles. |
All |
8.1 |
An erosion control and sediment transport control plan will be submitted to Alameda County and Contra Costa County along with grading permit applications. This plan will be prepared in accordance with the standards provided in the Manual of Erosion and Sedimentation Control Measures (ABAG, 1981) and in compliance with practices recommended by the Natural Resources Conservation Service. Implementation of the plan will help stabilize graded areas and waterways, and reduce erosion and sedimentation. The plan will designate BMPs that will be adhered to during construction activities. Erosion minimizing efforts such as hay bales, water bars, covers, sediment fences, sensitive area access restrictions (for example, flagging), vehicle mats in wet areas, and retentionsettlement ponds will be installed before extensive clearing and grading begins. Mulching, seeding, or other suitable stabilization measures will be used to protect exposed areas during construction activities. Revegetation plans, the design and location of retention ponds, and grading plans will be submitted to the CDFG for review in the event of construction near waterways. The plan will incorporate stipulations of the Alameda County grading erosion and sediment control ordinance, which requires that "trenching and grading associated with the construction and installation of underground pipelines be backfilled and the surface restored to its original condition, including reseeding or otherwise restoring vegetation on all disturbed slopes exceeding 2 percent," as soon as possible after such grading work is completed. Non-hazardous trench spoils from the underground transmission line will be stockpiled and used to backfill the trench where the material has appropriate thermal and geotechnical qualities. Open portions of the trench will be covered when not under active construction. Standard erosion and dust control practices will be used during construction according to Best Management Practices to protect biological and hydrological resources. |
All |
8.2 |
An environmental training program will be established to communicate environmental concerns and appropriate work practices, including spill prevention and response measures, to all field personnel. A monitoring program will be implemented to ensure that the plans are followed throughout the period of construction. |
All |
8.3 |
PG&E Co. will prepare a Hazardous Substance Control and Emergency Response Plan which will include preparations for quick and safe cleanup of accidental spills. This plan will be submitted with the grading permit application. It will prescribe hazardous materials handling procedures for reducing the potential for a spill during construction, and will include an emergency response program to ensure quick and safe cleanup of accidental spills. The plan will identify areas where refueling and vehicle maintenance activities and storage of hazardous materials, if any, will be permitted. |
All |
8.4 |
Oil-absorbent material, tarps, and storage drums will be used to contain and control any minor releases of transformer oil. In the event that excess water and liquid concrete escapes from pole foundations during pouring, it will be directed to bermed areas adjacent to the borings where the water will infiltrate or evaporate and the concrete will remain and begin to set. Once the excess concrete has been allowed to set up (but before it is dry), it will be removed and transported to an approved landfill for disposal. |
All |
8.5 |
Soil sampling and potholing will be conducted before construction begins, and soil information will be provided to construction crews to inform them about soil conditions and potential hazards. If hazardous materials are encountered in trench soils, work will be stopped until the material is properly characterized and appropriate measures are taken to protect human health and the environment. If excavation of hazardous materials is required, they will be handled, transported, and disposed of in accordance with federal, state, and local regulations. Prior to initiating excavation activities at pole locations, soil borings will be advanced to ensure that groundwater will not be contacted. If groundwater is encountered within the depths of the proposed foundations, samples will be collected and submitted for laboratory analysis of metals and halogenated volatile organic compounds. If necessary, groundwater will be collected during construction, stored in Baker tanks, and disposed of in accordance with state and local regulations. Appropriate personal protective equipment will be used and soils management will be performed in accordance with state and county regulations. |
All |
8.6 |
If groundwater is encountered while excavating or constructing the underground transmission line, it will be checked for contaminants, and if none are found, will either be released to one of Kaiser Sand and Gravel's sediment ponds (with approval), released to the City of Pleasanton's storm water drainage system (with approval), or contained in a tank and disposed of in accordance with all applicable federal, state, and local regulations. |
S2/S2A and D1 |
9.1 |
The best mitigation measure is to avoid impacts to cultural resources that may be located in the project area. PG&E will have an archaeologist demarcate cultural resource site boundaries on the ground to ensure that proposed project improvements do not impinge on the resource(s). Although there are presently no known archaeological sites that would be subject to potential construction impact, PG&E will ensure that wherever a tower or access road must be placed within 100 feet of a known archaeological site, the site will be flagged on the ground as an Environmentally Sensitive Area (ESA). Construction equipment would then be directed away from the ESA, and construction personnel would be directed to avoid entering the ESA. Prior to starting construction near any designated ESA, the construction crew would be informed of the resource values involved and of the regulatory protections afforded to the resources. The crew would also be informed of procedures relating to designated ESAs and cautioned not to drive into these areas or operate construction equipment on them. The crew would be cautioned not to collect artifacts and would be asked to inform their supervisor if cultural remains are uncovered. If any cultural remains are discovered, work at the site will be halted, and a qualified archaeologist will be called to determine the significance of the find. |
All |
10.1a |
All personnel working on the project will be trained prior to starting construction on methods for minimizing air quality impacts during construction. |
All |
10.1b |
Water all active construction areas, access roads, and staging areas at least twice daily. |
All |
10.1c |
Cover all trucks hauling soil and other loose material, or require at least 2 feet of freeboard. |
All |
10.1d |
Construction vehicles will use paved roads to access the construction site when possible. |
All |
10.1e |
Limit vehicle speeds to 15 mph on unpaved roads. |
All |
10.1f |
Sweep streets daily with water sweepers if visible soil material is carried onto adjacent public streets. |
All |
10.1g |
Apply soil stabilizers to inactive construction areas on an as-needed basis. |
All |
10.1h |
Enclose, cover, water twice daily, or add soil binders to exposed stockpiles of soil and other excavated materials. |
All |
10.1j |
Construction workers will carpool when possible. |
All |
10.1k |
Vehicle idling time will be minimized. |
All |
10.1i |
Replant vegetation in disturbed areas following the completion of construction. |
All |
11.1 |
PG&E Co. will maintain the maximum amount of travel lane capacity possible during non-construction periods and will provide flagger-control at all construction sites to manage traffic control and flows. |
All |
11.2 |
During construction, PG&E Co. will limit the work zone to a width that, at a minimum, maintains alternate one-way traffic flow past the construction zone. Alternatively, PG&E Co. will use detour signing, where available, on alternate access streets in the event that temporary street closure is required. |
All |
11.3 |
Required permits for temporary lane closures will be obtained from the City of Pleasanton, Contra Costa County, and Alameda County. Before obtaining roadway encroachment permits from the cities and counties, PG&E Co. will submit a Traffic Management Plan subject to the local jurisdiction's review and approval. As part of this plan, traffic control measures and construction vehicle access routes will be identified. Construction of the underground portion of the transmission line will occur between 8 a.m. and 5 p.m., Monday through Friday, unless PG&E Co. obtains special permission from the City of Pleasanton. All property owners and residents of streets affected by construction will be notified prior to the start of construction. Advance public notification will include postings of notices and appropriate signage of construction activity. |
All |
11.4 |
All construction activities will be coordinated with local law enforcement and fire protection agencies. Emergency service providers will be notified of the timing, location, and duration of construction activities. |
All |
11.5 |
PG&E Co. will consult with the Alameda, Pleasanton, and Livermore Valley Joint Unified School Districts at least 1 month prior to construction to coordinate construction activities adjacent to school bus stops. If necessary, school bus stops will be temporarily relocated or buses will be rerouted until construction in the vicinity is complete. PG&E Co. will also consult with the Livermore/Amador Valley Transit Authority at least 1 month prior to construction to reduce potential interruption of transit service on Bernal Avenue. |
All |
12.1a |
Compressors and other small stationary equipment will be shielded with portable barriers. |
All |
12.1b |
"Quiet" equipment (i.e., equipment that incorporates noise control elements into the design; compressors and jackhammers have "quiet" models) will be used during construction. |
All |
12.1c |
Equipment exhaust stacks/vents will be directed away from buildings. |
All |
12.1d |
Truck traffic will be routed away from noise-sensitive areas where feasible. |
All |
12.1e |
Temporary sound barriers or sound curtains will be employed if the other noise reduction methods are not effective or possible, or if sensitive receptors will be exposed to construction noise for more than 1 day. |
All |
13.1 |
PG&E Co. will perform design-level geotechnical studies to evaluate the potential for and effects of soft or loose soils, which will be over-excavated during construction and replaced with engineered backfill or other ground treatment. Where necessary, construction activities will be limited to the dry season. Incorporation of standard engineering practices as part of the project shall ensure that people or structures are not exposed to geological hazards. |
All |
13.2 |
PG&E Co. will develop an Erosion Control Plan which will be implemented throughout the construction period. Erosion control measures will include avoiding disturbance of steep slopes, using drainage control, controlling vehicular traffic, implementing dust control, and revegetating disturbed areas following construction. |
All |
13.3 |
PG&E Co. will use appropriate design features and construction procedures to maintain stable slope configurations during construction. Construction activities will be suspended during and immediately following periods of heavy precipitation. Development of grading plans and construction procedures will address access roads, substations, transmission towers, and the stability of temporary and permanent cut, fill, and otherwise impacted slopes. A design-level geotechnical investigation will be performed to evaluate subsurface conditions, identify potential hazards, and provide information for development of excavation plans and procedures to limit ground deformation, and protect the public and workers' safety during trenching and excavating operations. Incorporation of standard engineering practices as part of the project shall ensure that people or structures are not exposed to geological hazards. |
All |
13.4 |
PG&E Co. will contact a qualified paleontologist to examine and determine the significance of any fossils encountered during construction. If the find is deemed to have scientific value, the paleontologist and PG&E Co. will devise a plan to either avoid impacts or continue construction without disturbing the integrity of the find. |
All |
13.6 |
PG&E Co. will evaluate the potential for subsidence due to compaction from groundwater withdrawal, strong ground motions, and the presence of soft, loose compressible soils during design-level geotechnical investigations. The need to place additional fill or construct berms to reduce potential flooding from past subsidence will be evaluated and incorporated into design and construction plans. PG&E Co. will remove or rework near surface deposits likely to experience settlement prior to placing new fill. Incorporation of standard engineering practices as part of the project shall ensure that people or structures are not exposed to geological hazards. |
All |
13.7 |
PG&E Co. will conduct a design-level geotechnical investigation to evaluate the potential for settlement of approved project facilities. The results of the investigation will be used to develop appropriate foundation and structural designs to accommodate expected settlements. Soils found to be potentially susceptible during the investigation may be excavated, removed and replaced with engineered fill. Incorporation of standard engineering practices as part of the project shall ensure that people or structures are not exposed to geological hazards. |
All |
13.8 |
PG&E Co. will conduct design-level geotechnical studies to develop appropriate design features for locations where potential problems are known to exist. Appropriate design features may include excavation of problematic soils and replacement with engineered backfill, ground treatment processes for densification of soft or loose soils, direction of surface water and drainage away from foundation soils, and the use of deep foundations such as piers or piles. Incorporation of standard engineering practices as part of the project shall ensure that people or structures are not exposed to geological hazards. |
All |
13.9 |
PG&E Co. will perform a design-level geotechnical survey to evaluate the potential for unstable slopes, landslides, mudflows, and debris flows along the approved routes. Facilities will be located away from steep hillsides, debris flow source areas, the mouths of steep sidehill drainages, and the mouths of canyons that drain steep terrain. Specially designed deep foundations may be used in areas of shallow sliding where unstable slopes cannot be avoided. Incorporation of standard engineering practices as part of the project shall ensure that people or structures are not exposed to geological hazards. |
All |
13.10 |
PG&E Co. addressed the overhead crossings of four mapped faults with mitigation measures as follows: Elk Ravine Fault: Pre-Quaternary inactive fault; avoidance of mapped fault traces beneath transmission tower locations will avoid the hazard. Greenville Fault: Historically active fault; performance of geotechnical investigations at tower foundation sites to locate and avoid potential for surface fault rupture, design transmission lines to accommodate potential fault displacement. Pleasanton Fault: Holocene active fault; Proposed Project not located across or adjacent to fault. Verona Fault: Holocene active fault; performance of geotechnical investigations at tower foundation sites to locate and avoid potential for surface fault rupture, design transmission lines to accommodate potential fault displacement. Incorporation of standard engineering practices as part of the project shall ensure that people or structures are not exposed to geological hazards. |
All |
13.11 |
Some types of substation equipment are very susceptible to damage from earthquakes. To address this problem, PG&E Co. in conjunction with other utilities throughout the United States and Canada, and equipment vendors and consultants, have revised IEEE 693, "Recommended Practices for Seismic Design of Substations." Within this document are equipment and voltage-specific seismic qualification requirements. These requirements are much more stringent than those in the Uniform Building Code. Qualification includes shake table testing and dynamic analysis. PG&E Co. will purchase equipment for the substation using the seismic qualification requirements in IEEE 693. When these requirements are followed, very little structural damage from levels approaching 1.0 g peak ground acceleration are anticipated. PG&E Co. will design all substation control buildings in accordance with the Uniform Building Code. |
All |
13.12 |
PG&E Co. will perform design-level geotechnical investigations to evaluate the liquefaction potential of soils underlying all substation, transition station, transmission tower, and underground sites. Analysis of existing data will examine the possibility of liquefaction, and develop appropriate engineering design and construction measures including pile foundations, ground improvement of liquefiable zones by densification, flexible bus connections, and slack in underground cables to allow ground deformations without damage to structures. Incorporation of standard engineering practices as part of the project shall ensure that people or structures are not exposed to geological hazards. |
All |