3. California Environmental Quality Act (CEQA)

Pursuant to CEQA and Rule 2.4 of the Commission's Rules of Practice and Procedure, the Commission examines projects to determine any potential environmental impacts in order that adverse effects are avoided and environmental quality is restored or enhanced to the fullest extent possible under CEQA.

In this proceeding, the Commission is the lead agency under CEQA with respect to the environmental review of the Plumas-Sierra Broadband Project (Project), and preparation of the Final Mitigated Negative Declaration (MND). The Commission, as the lead agency, must adopt the Final MND before the Project may be approved. Adoption consists of two steps. First, the Commission must conclude that the Final MND has been completed in compliance with CEQA; and second, the Commission must have reviewed and considered the Final MND prior to approving the Project. Additionally, the Commission must find that the Final MND reflects its independent judgment (Pub. Res. Code Section 21082.1(c)(3)).

The purpose of the MND is to identify potentially significant environmental effects associated with the Project, and propose mitigation measures that would minimize the environmental consequences. During the course of the CEQA review an opportunity was provided for public involvement, as required by CEQA. On May 30, 2011, the Draft MND was published for public review and comment. The public review and comment period for the Draft MND ended on June 18, 2011. Comments on the Draft MND are addressed in the Final MND which was released on June 20, 2011.

The Final MND includes the Draft MND, along with the comments received on the Draft MND, individual responses to the comments, and revisions as necessary in response to those comments and other information received. The MND utilizes an interdisciplinary approach that ensures the integrated use of the natural and social sciences and the consideration of qualitative as well as quantitative factors. It is organized and written so that it is meaningful and useful to decision-makers and the public. Therefore, the Final MND is competent, comprehensive, and in compliance with CEQA.

The Final MND identifies environmental effects of the Project that may be mitigated to less than significant levels or avoided. The adoption and implementation of these mitigation measures was assumed in the determination of environmental impact levels in the Final MND. With these mitigation measures, the Final MND concludes that all potential environmental effects can be mitigated to less than significant levels. The mitigation measures identified in the Final MND are reasonable and feasible. Therefore, we will adopt them and make implementation of them a condition of our approval of the Project.

The Final MND includes a Mitigation Monitoring, Compliance and Reporting Program (MMCRP). The purpose of the MMCRP is to ensure that the mitigation measures in the Final MND are implemented. We have reviewed the MMCRP and find that it conforms to the recommendations in the Final MND for measures required to mitigate or avoid environmental effects of the Project. Therefore, we will adopt the MMCRP.

As discussed above, we have reviewed the Final MND as part of our consideration of whether to approve the Project. Based on that review, we find that the Final MND represents our independent judgment regarding the environmental impact of the Project. For the above reasons, we adopt the Final MND for the Project pursuant to and in compliance with CEQA. The executive summary of the Final MND is included herein as Attachment A.