5. Environmental Review and Notice Requirements
5.1. Environmental review
Pursuant to GO 131-D, in order to issue a permit to construct, the Commission must find that the project complies with CEQA.6 CEQA requires the lead agency for the State, cooperating pursuant to the MOU, to conduct a review to identify environmental impacts of the project, and ways to avoid or reduce environmental damage, for consideration in the determination of whether to approve the project or a project alternative. CEQA precludes the lead agency from approving a proposed project or a project alternative unless it requires the project proponent to eliminate or substantially lessen all significant effects on the environment where feasible, and determines that any unavoidable remaining significant impacts are acceptable due to overriding considerations. (CEQA Guidelines §§ 15090, 15091, 15093, 15126.2, 15126.4, and 15126.6.)
The EA has been prepared in compliance with the National Environmental Policy Act (NEPA) of 1969, as amended (42 U.S. Code [USC] § 4321-4370h); the Council on Environmental Quality (CEQ) implementing regulations (40 Code of Federal Regulations [CFR] Parts 1500-1508); and U.S. Marine Corps procedures for implementing NEPA, as described in Marine Corps Order P5090.2A Environmental Compliance and Protection Manual.
Potential impacts have been analyzed for geological resources, biological resources, water resources, cultural resources, aesthetics, air quality, electrical utilities, socioeconomics, and public health and safety.
Pursuant to the EA, the project does include a number of special conservation measures (SCMs). There are 29 specific measures that address potential impacts to sensitive botanical, sensitive wildlife (other than Desert Tortoise); migratory birds, Desert Tortoise, cultural resources, and water quality. (See EA, § 2.6.) SCE shall provide to the Commission's Energy Division proof of compliance with these SCM as they are completed. Upon receipt of such proof the Energy Division shall issue a notice(s) to proceed to SCE as is applicable during various phases of the project. The Commission project manager (Energy Division, Environmental Projects Unit) shall have the authority to issue a Stop Work Order on the entire project, or portions thereof, for the purpose of ensuring compliance with the SCMs described in the EA. Construction may not resume without a Notice to Proceed issued by the Energy Division.
The Commission's Energy Division has collaborated with USMC and reviewed the EA and has determined that it satisfies CEQA. The final EA will be marked for identification and received into the evidentiary record as Exhibit 1.
5.2. Notice Requirements
Due process requires that affected parties be provided adequate notice and opportunity to be heard, such that they can timely protest and participate in the Commission's environmental review and analysis of the proposed project. For PTCs, the utility must comply with notice requirements described in GO 131-D, Section XI.A. In pertinent part, Section XI.A requires the following forms of notice:
1. By direct mail to:
a. The planning commission and the legislative body for each county or city in which the proposed facility would be located, the California Energy Commission (CEC), the State Department of Transportation and its Division of Aeronautics, the Secretary of the Resources Agency, the Department of Fish and Game, the Department of Health Services, the State Water Resources Control Board, the Air Resources Board, and other interested parties having requested such notification. The utility shall also give notice to the following agencies and subdivisions in whose jurisdiction the proposed facility would be located: the Air Pollution Control District, the California Regional Water Quality Control Board, the State Department of Transportation's District Office, and any other State or Federal agency which would have jurisdiction over the proposed construction; and
b. All owners of land on which the proposed facility would be located and owners of property within 300 feet of the right-of-way as determined by the most recent local assessor's parcel roll available to the utility at the time notice is sent; and
2. By advertisement not less than once a week, two weeks successively, in a newspaper or newspapers of general circulation in the county or counties in which the proposed facilities will be located, the first publication to be not later than ten days after filing of the application; and
3. By posting a notice on-site and off-site where the project would be located.
SCE represents that USMC has complied with all applicable notice requirements.7
In February 2010, a Notice of Availability (NOA) was published in two local newspapers: the Desert Trail and Hi-Desert Star. The NOA invited agencies, organizations, and the general public to provide written comments relative to the proposed action and alternatives and issues addressed in the Draft EA.
On February 11, 2010 a project open house was held to provide information on the project to the public and stakeholders. During the open house, comment cards were made available to the public if they needed more information on the project or to express their interest or concerns with the project. In addition, SCE subject matter experts were present at the meeting to address any questions or concerns.
A second public review period was held to allow the general public an opportunity to provide written comments on the Revised Draft EA. An NOA was published in four local newspapers: Riverside Press Enterprise, Palm Springs Desert Sun, Hi-Desert Star, and Desert Trail.
In addition to close coordination with the Bureau of Land Management and the Commission, the USMC has consulted and coordinated with the U.S. Fish and Wildlife Service, California State Historic Preservation Office, California Department of Fish and Game, and other agencies as needed on the proposed action.
The Application itself was noticed in the Commission's Daily Calendar on June 2, 2011.
6 California Public Resources Code Section 21000, et seq.
7 Application at IV.J.
