6. Mitigation Measures

The Final Mitigated Negative Declaration finds that MFNS' proposed construction methods (e.g., installation in previously disturbed rights-of-way) and practices (e.g., environmental training of construction crews, implementation of a storm water pollution prevention plan) will avoid or minimize the physical impacts of the Project. It also details several mitigation measures to which MFNS has committed to minimize environmental effects on wildlife, waterways, plants, air quality, traffic and Native American and paleontological resources.

The principal mitigation measures are as follows:

· Identification, staking and/or flagging of all sensitive biological resources (wildlife, plants, habitat, waterways) prior to construction. The Project crosses many streams, rivers, canals and other waterways, as well as sensitive wetlands; MFNS will either route the Project around them, time construction to a low-sensitivity time of year, bore under the resources or attach the fiber optic cable to overhead facilities such as bridges.

· Protection of cultural resources such as Native American burial sites, sites of paleontological or archaeological significance, and historic buildings over 45 years old. MFNS will use a project archaeologist to identify such resources, and when they are found will test and evaluate the resources, and propose and implement avoidance measures designed to preserve them.

· Compliance with local plans, zoning and permitting requirements prior to construction.

· Design of Project facilities to be unobtrusive and not conflict with the character of the surrounding setting, and restoration of construction sites to pre-construction conditions.

Additional mitigation measures will be designed to preserve air quality; ensure proper labeling, storage, handling and use of hazardous materials; abate noise; and minimize traffic disruptions.¹²

In order to ensure that the mitigation measures are fulfilled, the Commission's agents will periodically review the project and follow up with local jurisdictions. A formal complaint procedure has been established, and the Commission reserves its right to halt construction if environmental infractions occur.

Based on its environmental review, the Commission's staff has concluded that MFNS' proposed project will not have significant effects on the environment, provided Applicant carries out the mitigation measures outlined in the Final Mitigated Negative Declaration.