MITIGATION ACTION PLAN 

TO IMPLEMENT MITIGATION REQUIREMENTS FOR 

THE TRINITY PUBLIC UTILITIES DISTRICT 

DIRECT INTERCONNECTION PROJECT 

Prepared to Accompany DOE/EIS-0389 

Prepared by 

Environmental Science Division 

Argonne National Laboratory 

Prepared for 

Sierra Nevada Region 

Western Area Power Administration 

January 2008 

Trinity Mitigation Action Plan 

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CONTENTS 

CONCURRENCE AND APPROVALS................................................................................ v 

NOTATION........................................................................................................................... vii 

1.0 INTRODUCTION ........................................................................................................ 1 

 1.1 Project History, Background, and Status ............................................................ 1 

 1.2 Purpose of the Mitigation Action Plan................................................................ 2 

 1.3 Document Organization and Content.................................................................. 3 

2.0 MITIGATION ACTIONS ............................................................................................ 5 

 2.1 Air Quality .......................................................................................................... 12 

 2.2 Biological Resources........................................................................................... 12 

 2.3 Cultural Resources .............................................................................................. 15 

 2.4 Geology and Soils ............................................................................................... 15 

 2.5 Land Use ............................................................................................................. 19 

 2.6 Noise ................................................................................................................... 22 

 2.7 Paleontological Resources .................................................................................. 23 

 2.8 Public Health and Safety and Hazardous Materials............................................ 23 

 2.9 Socioeconomics and Environmental Justice ....................................................... 25 

 2.10 Traffic and Transportation .................................................................................. 27 

 2.11 Visual Resources................................................................................................. 29 

 2.12 Water Resources.................................................................................................. 30 

 2.13 Wilderness and Recreation.................................................................................. 30 

3.0 REFERENCES ............................................................................................................. 35 

APPENDIX A: The 28 General Compliance Conditions for Work within Waters of 

 the United States under Clean Water Act Nationwide Permit 12 ................. 37 

TABLES 

2-1 Applicable Air Quality Mitigation Actions................................................................. 13 

2-2 Applicable Biological Resources Mitigation Actions ................................................. 16 

2-3 Applicable Cultural Resources Mitigation Actions..................................................... 19 

2-4 Applicable Geology and Soils Mitigation Actions...................................................... 20 

2-5 Applicable Noise Mitigation Actions.......................................................................... 24 
Trinity Mitigation Action Plan 

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TABLES (Cont.) 

2-6 Applicable Paleontological Resources Mitigation Actions......................................... 25 

2-7 Applicable Health and Safety and Hazardous Materials Mitigation Actions ............. 26 

2-8 Applicable Socioeconomic and Environmental Justice Mitigation Actions ............... 27 

2-9 Applicable Traffic and Transportation Mitigation Actions......................................... 28 

2-10 Applicable Visual Resources Mitigation Actions ....................................................... 29 

2-11 Applicable Water Resources Mitigation Actions........................................................ 31 

2-12 Applicable Wilderness and Recreation Mitigation Actions ........................................ 34 
Trinity Mitigation Action Plan 

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CONCURRENCE AND APPROVALS 

Submitted by: 
Trinity Mitigation Action Plan 

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Trinity Mitigation Action Plan 

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NOTATION 

ACRONYMS AND ABBREVIATIONS 

APE area of potential effects 

ATCM Airborne Toxic Control Measure 

BLM Bureau of Land Management 

BO Biological Opinion 

CAAQS California Ambient Air Quality Standards 

Caltrans California Department of Transportation 

Cal-OSHA California Division of Occupational Safety and Health 

CASQA California Stormwater Quality Association 

CDC California Department of Conservation 

CFR Code of Federal Regulations 

CWA Clean Water Act 

DOE U.S. Department of Energy 

EIS environmental impact statement 

EMF electric and magnetic field 

EPM environmental protection measure 

ESA Endangered Species Act 

FAA Federal Aviation Administration 

GIS geographic information system 

MAP Mitigation Action Plan 

NAAQS National Ambient Air Quality Standards 

NCAB North Coast Air Basin 

NEPA National Environmental Policy Act 

NESC National Electric Safety Code 

NMFS National Marine Fisheries Service 

NRHP National Register of Historic Places

NTU nephelometric turbidity unit 

OHV off-highway vehicle 

PA Programmatic Agreement 

PM10 particulate matter with a mean aerodynamic diameter of 10 μm or less 

PUD Public Utilities District 
Trinity Mitigation Action Plan 

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Reclamation Bureau of Reclamation 

ROD Record of Decision 

ROW right-of-way 

SHPO State Historic Preservation Officer 

SPI Sierra Pacific Industries 

SQS soil quality standard 

SR State Route 

STNF Shasta-Trinity National Forest 

TCDOT Trinity County Department of Transportation 

USACE U.S. Army Corps of Engineers 

USFS U.S. Forest Service 

USFWS U.S. Fish and Wildlife Service 

Western Western Area Power Administration 

UNITS OF MEASURE 

dBA A-weighted decibel(s) 

ft foot (feet) 

in. inch(es) 

kV kilovolt(s) 

mA milliampere(s) 

mi mile(s) 

mph miles per hour 

μm micron(s) 
Trinity Mitigation Action Plan 

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1.0 INTRODUCTION 

1.1 PROJECT HISTORY, BACKGROUND, AND STATUS 

Western Area Power Administration (Western) proposes to construct the Trinity Public Utilities 

District (PUD) Direct Interconnection Project (the project). The project objective is to enhance 

the reliability of service for the customers of the Trinity PUD by establishing a new direct 

interconnection with Western’s Central Valley Project transmission system. The project will be 

located entirely within Trinity County, California, and will include three main segments: 

• Segment 1 includes the removal of about 5.3 mi of existing 12-kilovolt (kV) distribution 

line from the Trinity Power Plant at Trinity Dam to a tap point about 0.75 mi west of 

Lewiston Dam and the construction of a new 60-kV transmission line to replace the 

12-kV line on an expansion of the existing right-of-way (ROW). 

• Segment 2 includes construction of a tap structure with three-way switch equipment on 

the new 60-kV transmission line at the location near Lewiston Dam, and a radial 1.2-mi 

tap line south to the existing Lewiston Substation on Trinity Dam Road, parallel to an 

existing distribution line. 

• Segment 3 includes construction of a new 60-kV transmission line on a new ROW from 

the tap point west about 8.5 mi to the proposed new Weaverville Switchyard. 

The project also includes construction of the new Weaverville Switchyard, which will be located 

about 2 mi south of Weaverville on the east side of Highway 299. A detailed description of the 

project can be found in the environmental impact statement (EIS) that was prepared for the 

project (Western 2007c). 

The Trinity PUD will upgrade an existing 12-kV distribution line orientated southwest of the 

Trinity Dam Powerhouse and construct a 21-kV distribution line that will connect to a take-off 

structure at the Trinity Substation that parallels Powerhouse Road. These improvements, which 

are a connected action rather than part of the proposed action, would provide reliable power to 

several of Trinity PUD’s existing customers and provide for redundant backup at the trinity PUD 

Lewiston Substation. 

Consumers in the Trinity PUD service area routinely experience nearly 20,000 consumer hours 

in outages per year. In the winter, many of the outages last 3 to 4 days. Pacific Gas and Electric 

Company has had a difficult time restoring service because of the remote location and rough 

terrain. The purpose of the project is to improve system reliability by providing a shorter, new 

direct interconnection with Western’s transmission system at the Trinity Power Plant. 
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1.2 PURPOSE OF THE MITIGATION ACTION PLAN 

The need for a Mitigation Action Plan (MAP)1 derives from U.S. Department of Energy (DOE) 

Order 451.1B, which establishes DOE’s internal requirements and responsibilities for 

implementing the National Environmental Policy Act (NEPA) of 1969 as amended, the Council 

on Environmental Quality Regulations Implementing the Procedural Provisions of NEPA (Code 

of Federal Regulations, Title 40, Parts 1500−1508 [40 CFR Parts 1500−1508]), and the DOE 

NEPA Implementing Procedures (10 CFR Part 1021). Section 1021.33 of 10 CFR Part 1021 

states: 

“Following completion of each EIS [environmental impact statement] and its 

associated ROD [Record of Decision], DOE shall prepare a Mitigation Action 

Plan that addresses mitigation commitments expressed in the ROD. The 

Mitigation Action Plan shall explain how the corresponding mitigation measures, 

designed to mitigate adverse environmental impacts associated with the course of 

action directed by the ROD, will be planned and implemented.” 

This MAP lists mitigation measures that will ensure that the impacts that could result from 

construction, operation, and maintenance of the project will be as benign as possible. Western 

has the overall responsibility of ensuring that the environmental impacts identified in the EIS are 

mitigated as specified. When appropriate, Western will seek input from Federal, State, or local 

agencies to determine specific mitigation measures for particular environmental issues of 

concern.2

It must be verified that the mitigation measures are accomplished in accordance with the MAP. 

This effort will encompass all monitoring activities needed to determine the success of the 

mitigation measures (e.g., to determine if they are implemented according to schedule, if they are 

producing the desired result, or if additional mitigation measures are needed). All aspects of a 

mitigation measure must be audited to ascertain compliance with requirements and to ensure that 

Western’s commitments are fulfilled. 

Western also has the responsibility of reviewing the project to ensure that the impacts and 

mitigations presented in the EIS and MAP, respectively, are appropriate to the planned activities. 

In addition to conducting the specific mitigation activities addressed in this MAP, all parties 

involved with or overseeing the project will comply with all applicable Federal, State, and local 

environmental laws, orders, and regulations. 

 

1 In addition to the MAP, DOE must prepare a corresponding annual mitigation report [DOE Order 451.1B, 

paragraph 5.d.(11)(f)]. The mitigation report may be submitted on the anniversary of a MAP or in a combined 

report (e.g., as part of the annual National Environmental Policy Act of 1969 [NEPA] planning summary) for 

multiple plans until mitigation is completed. 

2 Western is the lead federal agency for compliance with NEPA and DOE’s NEPA Implementing Procedures 

(10 CFR Part 1021). The U.S. Forest Service, Bureau of Land Management, and Bureau of Reclamation are 

cooperating agencies. 
Trinity Mitigation Action Plan 

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1.3 DOCUMENT ORGANIZATION AND CONTENT 

This MAP addresses the pertinent mitigation measures for which commitments were made in the 

EIS and the ROD. This MAP also serves to incorporate the terms and conditions contained in 

Western’s Construction Standard 13, Environmental Quality Protection (Western 2003), the 

U.S. Fish and Wildlife Service’s (USFWS's) Biological Opinion (BO), the U.S. Army Corps of 

Engineer’s (USACE’s) Section 404 Clean Water Act (CWA) permit, and the California State 

Regional Water Quality Board’s Section 401 Water Quality Certification. Conditions that may 

be imposed by ROW permits from the U.S. Forest Service (USFS), Bureau of Land Management 

(BLM), and Bureau of Reclamation (Reclamation) are not yet known. Western and its 

contractors will comply with those conditions once these permits are obtained. 

This MAP does not repeat or present in-depth technical information. The reader may refer to the 

EIS or other documents referenced in that document for technical information. The presentation 

of mitigation actions in this MAP is organized by the resource categories used in the EIS. In 

addition to the mitigation actions identified in this document, the construction contractor(s) shall 

secure all necessary permits required by applicable Federal, State, and local environmental laws, 

orders, and regulations. Western will obtain the Section 401 certification and Section 404 permit 

referenced above. 

In the EIS (Western 2007c), the basis for identifying potential environmental impacts was 

information developed primarily from environmental and literature assessments and from 

models. Monitoring by Western’s environmental staff will be necessary to validate the nature 

and extent of the impacts and the efficacy of the mitigation techniques. Mitigation will be 

monitored in accordance with Western’s Mitigation Monitoring Policy. Monitoring activities 

will address the following issues: 

• Revision of mitigation measures if they are not appropriate or if the desired results have 

not been produced, 

• Development of additional mitigation measures if the project is creating significant 

impacts that were not anticipated in the EIS, and 

• Identification of corrective actions if valid and identified mitigation measures have not 

been implemented. 

Any change in specified mitigation measures will be coordinated with the landowner or manager. 

NEPA Guidance (DOE Order 451.1B) requires program offices to provide annual reports to the 

DOE Office of Environment, Safety, and Health on the status of the mitigation efforts. The 

annual reports will reflect new information or changed circumstances. If major changes to 

mitigation included in this MAP are necessary, these changes will be incorporated in an updated 

MAP and described in the annual report. The revised MAP and annual report will be available to 

the public and posted on Western’s Web site. 
Trinity Mitigation Action Plan 

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Trinity Mitigation Action Plan 

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2.0 MITIGATION ACTIONS 

Mitigation measures or environmental protection measures (EPMs) will provide a high degree of 

effectiveness in minimizing the potential for adverse environmental effects associated with the 

construction, operation, and maintenance of the project. Many of the mitigation measures listed 

in this MAP are generic or situational (e.g., some may be appropriate at one location and others 

would be effective at another location). Western construction inspectors must be aware of all of 

the measures and use their best professional judgment to apply the proper measures as 

circumstances dictate. Therefore, the project manager and designated Western personnel will 

determine which mitigation measures should be required for a particular aspect of project 

construction, operation, or maintenance. These need to be coordinated with the various land 

management agencies or owners, for example, the USFS, BLM, Reclamation, and Sierra Pacific 

Industries (SPI). The measures to be required will depend upon the type of activity, area to be 

affected, the time of year, and anticipated weather conditions. Geographic information system 

(GIS) mapping and information tied to these maps will be made available to project personnel 

that highlight areas that should be avoided and that specify precautions that should be taken or 

the types of activities that will be allowed. Western and its contractor(s) will be responsible for 

implementation of mitigation measures during various phases of the project. 

Western’s Construction Standard 13, Environmental Quality Protection (Western 2003), 

requires that the contractor(s) furnish plans for the purpose of determining compliance with 

construction contract specifications associated with the project. These plans do not relieve the 

contractor(s) from his responsibility for compliance with all Federal, State, and local regulations. 

Applicable plans that will be required to implement the project include a Spill Prevention 

Notification and Cleanup Plan, a Pesticide Use Plan, an Aviation and Public Safety Plan, a 

Noxious Weed Safety Control Plan, and an Erosion Control Plan. The Spill Prevention 

Notification and Cleanup Plan will include a description of spill prevention measures, 

notification procedures, employee awareness training, arrangements to respond to spills 

(e.g., manpower, equipment, and material), and, as applicable, requirements of 40 CFR Part 112 

pertaining to Spill Prevention, Control and Countermeasures Plans. The Pesticide Use Plan will 

include a description of the pesticides to be used, where they will be applied, the application rate, 

and copies of the pesticide labels and applicator certificates. The clearing specifications for the 

project (Western 2008) also contain a number of requirements and procedures that will minimize 

impacts from project construction. 

A requirement of Western’s Construction Standard 13, Environmental Quality Protection

(Western 2003), is that the construction of the project comply with all applicable Federal, State, 

and local environmental laws and regulations. The following include a number of the standard 

construction practices from Western’s Construction Standard 13, Environmental Quality 

Protection (Western 2003), that are applicable to the project. These practices will be appropriate 

for all lands crossed by the transmission line. 

W1 All construction vehicle movement outside the ROW normally will be restricted 

to predesignated access, contractor-acquired access, or public roads. 
Trinity Mitigation Action Plan 

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W2 The area limits of construction activities normally will be predetermined, with 

activity restricted to and confined within those limits. No paint or discoloring 

agents will be applied to rocks or to vegetation that cannot be removed. 

W3 In construction areas where recontouring is not required, vegetation will be left in 

place whenever possible, and the original contour will be maintained to avoid 

excessive root damage and allow for resprouting. 

W4 In construction areas (e.g., staging yards, structure sites, and spur roads from 

existing access roads) where ground disturbance occurs or where recontouring is 

required, surface restoration will occur as required by the landowner or land 

management agency. The method of restoration will normally consist of returning 

disturbed areas back to their natural contour, reseeding (if needed), installing 

cross drains for erosion control, placing water bars in the road, and filling ditches. 

W5 Watering facilities and other range improvements will be repaired or replaced if 

they are damaged or destroyed by construction activities to their condition prior to 

disturbance as agreed to by the parties involved. 

W6 Structures and/or ground wire will be marked with highly visible devices where 

needed to minimize bird or airplane collisions with the lines, as required by 

governmental agencies (e.g., Federal Aviation Administration [FAA]). 

W7 Prior to construction, all construction personnel will be instructed on the 

protection of cultural, paleontological, and ecological resources. To assist in this 

effort, the construction contract will address (1) Federal, State, and tribal laws 

regarding cultural resources, fossils, plants and wildlife, including collection and 

removal, and (2) the importance of these resources and the purpose and necessity 

of protecting them. 

W8 Cultural resources will continue to be considered during post-EIS phases of 

project implementation in accordance with stipulations in the Programmatic 

Agreement (PA) for this project executed October 15, 2007, among the State 

Historic Preservation Officer (SHPO), USFS, Reclamation, and USACE. 

W9 Western will respond to individual complaints of radio or television interference 

generated by the transmission line by investigating the complaints and 

implementing appropriate mitigation measures (e.g., adjusting or using filtering 

devices on antennas). The transmission line will be patrolled on a regular basis so 

that damaged insulators or other transmission line materials that could cause 

interference will be repaired or replaced. 

W10 Western will apply mitigation needed to eliminate problems from induced 

currents and voltages on conductive objects sharing the ROW, to the mutual 

satisfaction of the parties involved. 
Trinity Mitigation Action Plan 

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W11 Western will continue to monitor studies performed to determine the effects of 

audible noise and electrostatic and electric and magnetic fields (EMFs) to 

ascertain whether these effects are significant. 

W12 Roads will be built at right angles to washes to the extent practicable. Culverts 

will be installed where needed. All construction and maintenance activities will be 

conducted in a manner that will minimize disturbance to vegetation, drainage 

channels, and intermittent or perennial stream banks. In addition, road 

construction will include dust-control measures during construction in sensitive 

areas. All existing roads will be left in a condition equal to or better than their 

condition prior to the construction of the transmission line. 

W13 All requirements of those entities having jurisdiction over air quality matters will 

be adhered to, and any permits needed for construction activities will be obtained. 

Open burning of construction trash will not be allowed unless permitted by 

appropriate authorities. 

W14 Fences and gates will be repaired or replaced to their original condition prior to 

project disturbance as required by the landowner or the land management agency 

if they were damaged or destroyed by construction activities. Temporary gates 

will be installed only with the permission of the landowner or the land 

management agency. 

W15 Transmission line materials will be designed and tested to minimize corona. 

Tension will be maintained on all insulator assemblies to assure positive contact 

between insulators, thereby avoiding sparking. Caution will be exercised during 

construction to avoid scratching or nicking the conductor surface, which might 

provide points for corona to occur. 

W16 No nonbiodegradable debris will be deposited in the ROW. Slash and other 

biodegradable debris will be left in place or disposed of in accordance with the 

land managing agency requirements. 

W17 Regulated materials will not be drained onto the ground or drainage areas. Totally 

enclosed containment will be provided for all trash. All construction waste, 

including trash and litter, garbage, other solid waste, petroleum products, and 

other hazardous materials, will be removed from the construction area to a 

disposal facility authorized to accept such materials. 

W18 Special status species or other species of particular concern will continue to be 

considered during post-EIS phases of project implementation in accordance with 

management policies set forth by the appropriate land managing agency. This 

activity might entail conducting surveys for plant and wildlife species of concern 

along the proposed transmission line route and associated facilities (i.e., access 

and spur roads and staging areas) as agreed upon by the land managing agency. In 

cases where such species are identified, appropriate action will be taken to avoid 
Trinity Mitigation Action Plan 

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adverse impacts on the species and its habitat, which might include localized 

alterations in the placement of roads or structures as practicable and monitoring 

construction activities. 

W19 The alignment of any new access roads will follow the designated area’s landform 

contours where possible, providing that such alignment does not additionally 

impact resource values. This activity will minimize ground disturbance and 

reduce scarring (visual contrast). 

W20 Except for repairs necessary to make roads passable, no widening or upgrading of 

existing access roads will be undertaken in the area of construction and operation, 

where soils or vegetation are sensitive to disturbance. 

W21 In designated areas, structures will be placed to avoid sensitive features such as, 

but not limited to, riparian areas, watercourses, and cultural sites, or to allow 

conductors to clearly span the features within limits of standard structure design. 

This activity will minimize the amount of disturbance to the sensitive feature or 

reduce visual contrast. 

W22 With the exception of emergency repair situations, ROW construction, 

restoration, maintenance, and termination activities in designated areas will be 

modified or discontinued during sensitive periods (e.g., nesting and breeding 

periods) for Federally listed species or other sensitive or special status animal 

species. 

W23 Western will require that all ROW and temporary use areas be surveyed for 

Federally listed species or other special status species and cultural resources prior 

to ground-disturbing activities. 

In addition to Western’s EPMs listed above, the USFS mitigation measures include those 

measures resulting from the environmental analysis in the EIS pertaining to the construction and 

operation of the new and upgraded transmission lines and substation and switchyard portions of 

the project. These mitigation measures are listed below. 

USFS1 Roads will be constructed, reconstructed, maintained, and decommissioned 

according to USFS standards. 

USFS2 No more than 15% of a harvest area will be dedicated to roads and landings. 

USFS3 The ROW permit holder will have to notify the USFS 30 days prior to beginning 

routine vegetation maintenance. In emergency situations, the holder will have to 

notify the USFS within 48 hours of the hazardous emergency situation. 

USFS4 Complete clearing of underlying vegetation will be limited to an area of 30 ft 

from towers and/or poles and 15 ft from the center of access routes within the 

ROW corridor. Western will promote a stable, low-growing plant community on 
Trinity Mitigation Action Plan 

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the ROW for grasses and shrubs. This type of plant community will be compatible 

with transmission line facilities, serving as an environmentally acceptable and 

useful ground cover and naturally retarding the regrowth of tall-growing 

vegetation. The frequency of future ROW maintenance operations and potential 

interruption of service will be reduced. 

USFS5 Underbrush might be ground up, chipped and broadcast, or piled for burning, to 

control vegetation or to reduce the fire hazard. 

USFS6 Fuel reduction activities will retain 30% to 50% of the existing duff mat. 

USFS7 Work could be performed by hand or with machines. No machine work will be 

conducted on slopes greater than 35%. 

USFS8 Riparian vegetation could be left in the ROW as long as it does not compromise 

mandatory reliability standards or conflict with the Integrated Vegetation 

Management Environmental Guidance Manual (Western 2007a). 

USFS9 Treatments for fuels used for maintenance activities will be developed so that 

there will not be an unacceptable increase in the fuel loading capacity for a 

particular area. 

USFS10 The introduction or spread of noxious weeds will be controlled (e.g., through 

herbicide use, cutting and destroying plants, and cleaning vehicles). 

USFS11 Limited operating periods might be imposed for certain segments of the ROW 

corridor because of the presence of Federally listed species or other sensitive or 

special status species. 

USFS12 As practicable, disturbed areas will be restored to preproject conditions. 

USFS13 Safety precautions and a fire plan will be implemented. 

USFS14 All fire lines will be water-barred; fire lines with less than 35% rock fragments 

will be mulched with straw or fine slash to achieve a ground cover of 75% or 

greater. 

USFS15 A safety plan for helicopter use will be coordinated by Western and signed by all 

agencies as required. 

USFS16 Brush (in addition to slash) will be removed from the project site, or lopped or 

chipped, and spread in areas where there are dense concentrations of brush 

damaged from tree felling.3

 

3 Burning of slash is a limited option that can be conducted with landowner approval. 
Trinity Mitigation Action Plan 

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The BLM has also adopted stipulations for telephone or power line ROWs that will be 

implemented for the construction of the new and upgraded transmission lines and substations. 

These stipulations are summarized as follows. 

BLM1 The ROW permit holder shall notify the BLM, Redding Field Office, 30 days 

prior to beginning vegetation clearing. ROWs not previously cleared for cultural, 

threatened, endangered, and sensitive species will need to be evaluated for these 

resources, and those of high sensitivity may need to be field evaluated. 

Consultation with the BLM Redding Field Office should occur well in advance of 

the clearing in previously unevaluated areas. Known locations of cultural 

resources of significance and of threatened, endangered, and sensitive resource 

sites may need to be avoided by the ROW actions as determined in consultation 

with the authorized officer. 

BLM2 Vegetation removal (clearcutting) will be limited to an area of 30 ft from towers 

and/or poles and 15 ft from the center of access routes within the ROW corridor. 

Outside the clear-cut areas, removal of trees will be limited to those that will 

encroach on vertical line clearance (within 25 ft) within the next 10 years. Beyond 

the clear-cut areas, vegetation should be thinned a maximum distance of 30 ft 

between main stems. Underbrush may be mulched or masticated for vegetation 

control or to reduce fire hazard. 

BLM3 Vegetation removal should concentrate on removal of manzanita (Arctostaphylos

spp.) and retention of toyon (Heteromeles arbutifolia), oaks (Quercus spp.), and 

other less common species. 

BLM4 Work can be performed by hand or with brush masticating machines. No machine 

work will be conducted on slopes greater than 35%. 

BLM5 Riparian vegetation should not be cut unless individual trees are within vertical 

line clearance. 

BLM6 Written authorization must be received prior to the application of herbicides or 

pesticides on BLM-administered lands (45 days prior notice required). 

BLM7 Prior to cutting trees greater than 6 in. in diameter at breast height, the BLM may 

require that they be cruised and purchased from the BLM. 

BLM8 Prior to October 15 each year, the ROW permit holder shall annually monitor the 

ROW for erosion and rehabilitate all gullies and rills deeper than 3 in. occurring 

within the ROW. The permit holder is responsible for the placement and use of 

adequate erosion control structures and materials. Mulches used shall not contain 

viable non-native plant parts or seed. The ROW permit holder shall monitor 

access route ROWs outside of the main ROW annually for the first 2 years and at 

least once every 5 years thereafter, and prior to October 15 rehabilitate all gullies 
Trinity Mitigation Action Plan 

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and rills deeper than 3 in. If the BLM identifies any gullies or rills, the holder 

shall rehabilitate within 30 to 60 days of notification unless directed otherwise. 

BLM9 Vegetation located in deep draws or canyons should not be removed or trimmed 

unless it encroaches into the legislated mandatory reliability standards. 

Reclamation has adopted the EPMs of Western, the USFS, and the BLM, as described above. No 

additional measures specific to Reclamation will be required for the project. However, Western 

recognizes that the ROW permits received from each of these agencies could contain additional 

requirements. 

The following sections describe additional mitigation commitments and actions that Western or 

its project construction contractor(s) will implement. Mitigation actions are organized by the 

resource categories identified in the EIS and include the EPMs required by Western, the USFS, 

the BLM, and Reclamation. A number of the mitigation actions identified below are applicable 

to more than one resource (e.g., actions to protect water resources will also protect biological 

resources). However, the mitigation actions are generally listed only once (i.e., for the primary 

resource they are directed toward). An overview of the impacts addressed in the EIS and 

associated mitigation measures are included in this MAP. The majority of impacts identified in 

the EIS will occur during or just after construction. Thus, most of the mitigation actions will also 

be implemented during construction. To ensure that the contractor(s) will implement mitigation 

measures, the relevant portions of this MAP will be included in the construction contract 

specifications developed for this project. This will obligate the contractor(s) to implement the 

mitigation measures identified in the MAP that relate to their responsibilities during construction 

and post-construction. The MAP is a living document and will be updated periodically as tasks 

are completed. 

In addition to the mitigation actions listed in Tables 2-1 through 2-12, Western also completed 

Endangered Species Act (ESA) Section 7 and National Historic Preservation Act (NHPA) 

Section 106 consultations. Informal consultation regarding the Southern Oregon/Northern 

California Coast coho salmon (Oncorhynchus kisutch) Evolutionarily Significant Unit was 

completed on July 11, 2007, with a letter of concurrence from the National Marine Fisheries 

Service (NMFS) (McInnis 2007). Formal consultation with the USFWS under Section 7 was 

completed with the issuance of a BO on November 5, 2007, related to the northern spotted owl 

(Strix occidentalis caurina) and its critical habitat (Smith 2007). However, Western will continue 

to provide information to the USFWS and NMFS under the terms and conditions in the BO for 

the duration of the construction period. Formal consultation with the SHPO was concluded under 

the terms of a PA signed by the affected agencies and parties. The PA will guide any future 

Section 106 activities. Consultation and coordination with interested Native American tribes is 

ongoing and will continue for the duration of the project. 

In addition to the above, all personnel entering the project area will be required to undergo 

environmental awareness training prior to entering the construction area. The training will 

address Federal, State, and tribal laws and regulations regarding antiquities, fossils, plants, and 

wildlife, including collection and removal, the importance of these resources, and the purpose 

and necessity of protecting them. The list of all persons trained will be kept during the course of 
Trinity Mitigation Action Plan 

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construction. The training requirements described in this MAP will be committed to in the ROD. 

Also, all of Western’s (2007a) Integrated Vegetation Management Environmental Guidance 

Manual and other land management agency requirements will be met during construction, 

operation, and maintenance of the project. 

2.1 AIR QUALITY 

Although the climate of Trinity County varies considerably with elevation, it is generally 

characterized by warm, dry summers and cold, moderately wet winters. Summer precipitation is 

usually limited to occasional scattered thunderstorms. No severe weather events (e.g., hurricanes 

and tornadoes) occur in the region. 

The project is located within a geographic area referred to as the North Coast Air Basin (NCAB). 

The primary sources of air pollutants in this area include vehicles, blowing dust from dirt roads 

and fallow fields, wood-burning stoves, backyard burns, prescribed fires, and lumber mills 

(TCDOT 2003). Wildfires also contribute to particulate matter and other air pollutants. Criteria 

air pollutants in most of the NCAB are below the California Ambient Air Quality Standards 

(CAAQS) and/or National Ambient Air Quality Standards (NAAQS) except for PM10

(particulate matter with a mean aerodynamic diameter of 10 μm or less). For the period 1995 to 

2006, the 24-hour and annual average PM10 levels at Weaverville in Trinity County frequently 

exceeded their respective CAAQS, but the 24-hour PM10 level exceeded the NAAQS only one 

time in 2006 because of a prolonged forest fire. 

Short-term impacts on air quality will occur during construction and periodic maintenance of the 

ROW and access roads. The increase of air emissions after applying the applicable mitigation 

actions will be well below the significance thresholds. As the project area does not likely contain 

natural occurrences of asbestos (CDC 2000), project construction activities will not be expected 

to result in emissions of asbestos. However, in accordance with applicable provisions of Title 17 

of the California Code of Regulations, Section 93105, “The Asbestos ATCM [Airborne Toxic 

Control Measure] for Construction, Grading, Quarrying and Surface Mining Operations,” if it is 

determined that naturally occurring asbestos, serpentine, or ultramafic rock is present, the 

construction contractor(s) will need to comply with the requirements of the ATCM. No burning 

of slash will be conducted. Currently, there are no plans to employ portable diesel engines, which 

can emit criteria pollutants and diesel particulate matter (considered to be a toxic air 

contaminant). However, any portable engines (i.e., not self-propelled) that might be needed for 

the project will be registered under the State portable equipment registration program or have a 

permit issued by the North Coast Unified Air Quality Management District. 

Table 2-1 lists the air quality mitigation actions. 

2.2 BIOLOGICAL RESOURCES 

The project area is dominated by mixed conifer hardwood forests with some montane/mixed 

chaparral and montane riparian woodlands. Some invasive weed species have been identified 

along the project ROW segments. A diverse assemblage of fish and wildlife species occurs in the 

project area. Among these species are the Federally threatened northern spotted owl and 
Trinity Mitigation Action Plan 

 13

Table 2-1 Applicable Air Quality Mitigation Actions

Mitigation 

Commitment Action 

Time of 

Implementation 

(Applicable Lands) 

Minimize 

atmospheric 

emissions from 

vehicles and 

equipment. 

1. Vehicles and equipment used to construct and maintain the 

project will be appropriately permitted and be equipped with 

appropriate emissions control equipment that will be 

maintained. 

During construction and 

maintenance 

(Federal and private lands) 

2. Exhaust emissions from all off-road equipment will not 

exceed 40% opacity for more than 3 minutes in any 1-hour 

period. 

During construction and 

maintenance 

(Federal and private lands) 

3. Equipment and vehicles that have excessive exhaust gas 

emissions because of poor engine adjustments or other 

inefficient operating conditions will not be operated until 

corrective repairs or adjustments are made. 

During construction and 

maintenance 

(Federal and private lands) 

4. Removal of low-growing vegetation and ground disturbance 

will be limited to the minimum necessary to complete ROW 

requirements. Low-growing vegetative cover will be 

maintained on all other portions of the project area. 

During construction 

(Federal and private lands) 

Minimize the 

generation of dust. 

5. Road construction will include dust-control measures, such 

as watering and using other approved suppressing agents, for 

limiting dust generation during construction. 

During construction 

(Federal and private lands) 

Southern Oregon/Northern California Coast coho salmon Evolutionarily Significant Unit; the 

Pacific fisher (Martes pennanti pacificus), which is a Federal candidate species; and the bald 

eagle (Haliaeetus leucocephalus), which was a Federally threatened species that has been 

recently delisted. A number of USFS sensitive and BLM special status plant and animal species 

may also occur in the project area. Important habitats also occur within the project area. 

Examples of these include Riparian Reserves, wetlands, and critical habitat for the northern 

spotted owl. 

Construction and operation will result in the permanent loss of 2.2 acres of vegetation for access 

roads and the Weaverville Switchyard and will alter 157 acres of vegetation within the ROW. An 

additional 31.5 acres of vegetation will be temporarily impacted during construction. The extent 

of disturbance to mixed conifer hardwood forest will be a small fraction of the remaining area of 

similar adjacent communities. The proposed project will have a less than significant impact on 

vegetation communities. Disturbed sites will be monitored for noxious weeds. Any colonizing 

noxious weeds will be actively controlled via an approved control methodology. The proposed 

action will not result in the uncontrolled expansion of noxious weeds. 

The minimal losses of wildlife that will result from construction activities or temporary 

displacement during construction activities will be insignificant in a regional context. Wildlife 

displacement and mortality is a short-term impact that will not result in a regional decline in any 

populations of terrestrial wildlife. If blasting does occur, it will be of short duration, and there 

will be no measurable long-term effect on population numbers or distribution over a species 

range of occurrence. Wildlife near the helicopter flight path and designated landing areas will be 

exposed to an increase in noise levels of short duration (e.g., usually less than 5 minutes). With 

proposed mitigation measures to reduce bird mortality (e.g., state-of-the art marking devices and 
Trinity Mitigation Action Plan 

14 

spacing between conductors), impacts from the transmission line will not affect the biological 

viability of local, regional, or national populations of bird species. 

The proposed project will not directly disturb suitable habitat, individual fish, or populations 

within the Trinity River, Rush Creek, or Little Browns Creek. 

Bald eagle: No active nests have been identified, and there is no designated critical habitat 

within the project area. Electrocution hazards will be minimized by line spacing, conductor 

layout, utility pole construction, and use of state-of-the-art marking devices, where necessary. 

Northern spotted owl: The project intersects the 1.3-mi home range buffer surrounding four 

nests that were active in 2007 and 2006, as well as eight other historic nest sites. The project 

applicant will conserve and manage off-site acreage to mitigate the loss of northern spotted owl 

habitat, including 35.4 acres of designated critical habitat. The proposed habitat conservation 

measures, distance standards for Riparian Reserves, and general project specifications and 

conservation measures ensure that the proposed action will not contribute to the further decline 

of the northern spotted owl. 

Coho salmon: This anadromous fish species has access to the Trinity River, Rush Creek, and 

Little Browns Creek; each stream contains designated critical habitat. No construction activities 

will occur within these streams. Construction could result in short-term increases in 

sedimentation and turbidity in the downstream reaches of the streams and their tributaries 

traversed by the project. Summer construction to avoid the spawning season, the use of sediment 

fences, and implementation of the Riparian Reserve limits of disturbance standards will reduce 

potential impacts on the coho salmon. The proposed action will not directly impact any coho 

salmon designated critical habitat. 

Pacific fisher: Two incidental sightings of the Pacific fisher were documented during the 2006 

northern spotted owl surveys. The proposed action will not act as a barrier to Pacific fisher 

movement, as the existing transmission line corridor and existing networks of road have not 

precluded their use of the project area. The proposed habitat conservation measures for Riparian 

Reserves and the general project specifications and conservation measures ensure that the 

proposed action will not contribute to the need for the species to become listed. 

Of the species that are listed by the USFS and BLM, the northern goshawk (Accipiter gentilis) 

and foothill yellow-legged frog (Rana boylii) may occur in the project area. Implementation of 

the proposed action may adversely impact individuals but will not be likely to result in a loss that 

will cause a trend to Federal listing or a loss of rangewide species viability. 

Five wildlife management indicator assemblages (late-seral, openings and early seral, snag and 

downed logs, riparian, and hardwood) are present in the project area. Construction of the project 

will result in the removal of some assemblage types and the shifting of others to another type. On 

the basis of the forestwide trend patterns, the project-level habitat impacts will not alter or 

contribute to existing forestwide trends. These shifts, losses, and removals of habitat will be very 

small in relation to forestwide trends and well within the margin of error in measuring these 

patterns. 
Trinity Mitigation Action Plan 

 15

No populations of the Survey and Manage mollusk or plant species were found during the 2006 

field surveys. Therefore, it is not anticipated that any direct, indirect, or cumulative impacts will 

occur to Survey and Manage species as a result of the potential lack of individuals or populations 

in the proposed project area. The proposed action is in compliance with the 2001 Survey and 

Manage ROD. 

Riparian Reserve areas will be crossed on USFS lands. The project will follow the prescribed 

limits of disturbance within classified Riparian Reserves. 

Table 2-2 lists the biological resources mitigation actions. 

2.3 CULTURAL RESOURCES 

Sixteen historic era sites, two electrical power lines, one residential complex, and two isolated 

features have been identified within the project’s direct area of potential effects (APE). No 

prehistoric sites have been identified within the ROW or surveyed access roads. Archival 

research identified an additional 135 cultural resource sites within a 3-mi radius of the project’s 

indirect APE but are outside of any direct effects for the project and would not be affected by 

noise or visual elements of the project. Most of these are historic era sites associated with gold 

mining or homesteading. Previously recorded prehistoric sites within the project’s area of 

indirect effects are primarily identified as villages. Western has made preliminary determinations 

of National Register of Historic Places (NRHP) eligibility for the identified properties within the 

project’s direct APE and will consult with the California SHPO and the affected land managing 

agencies on final determinations of eligibility and effects on historic properties for the project in 

accordance with the PA executed for this project. Although Western will continue to consult and 

update tribes throughout the proposed action, no traditional cultural properties, sacred or 

religious sites, or other concerns have been raised by the tribes. 

Table 2-3 lists the cultural resources mitigation actions. 

2.4 GEOLOGY AND SOILS 

The project is located within the Klamath Mountain Geomorphic Province, which is 

characterized by rugged topography with prominent peaks and ridges. The bedrock geology in 

the project area includes the Copley Greenstone Formation (fractured hard rock unit of volcanic 

origin), Bragdon Formation (mostly shales, mudstones and conglomerate), Central Metamorphic 

Belt (Salmon hornblende and Abrams mica schists), and Weaverville Formation (sandstones, 

shale, and coarse stream conglomerates). Unconsolidated silt, sand, and gravel occur within the 

Trinity River channel. Mineral resources in the area include gold, sand, gravel, and shale. Soils 

in the project area are generally deep and well-drained gravelly loams to gravelly sandy clay 

loams with moderate to high runoff and moderate permeability. Erosion is the major threat to the 

maintenance of soil productivity in the area. Trinity County has a history of low seismic activity. 

Geotechnical hazards will be evaluated during final design specification for each pole location 

and road construction area. Selecting sites with stable conditions, correcting unstable slope 

conditions, and implementing EPMs will reduce hazardous site-specific geologic conditions. The 
Trinity Mitigation Action Plan 

16 

Table 2-2 Applicable Biological Resources Mitigation Actions

Mitigation 

Commitment Action 

Time of 

Implementation 

(Applicable Lands)

1. Vegetation will be controlled or removed in accordance 

with the Integrated Vegetation Management Environmental 

Guidance Manual (Western 2007a) and other land 

management agency requirements. 

During construction 

and maintenance 

(Federal and private 

lands) 

2. To the extent possible, grading and grubbing of lowgrowing vegetation cover will be avoided on all new spur 

roads and structure pad locations. 

During construction 

(Federal and private 

lands) 

3. Vehicle operation off the ROW shall be prohibited or 

limited to existing roads. 

During construction 

(Federal and private 

lands) 

4. Staging of equipment and supplies and parking of vehicles 

will be restricted to previously disturbed and designated 

areas to the extent practical. 

During construction 

(Federal and private 

lands) 

5. Leave snags and hardwood that will not create a safety 

hazard or hinder reliable operation of the line 

(USFS 2007b). 

During construction 

(Federal and private 

lands) 

Minimize disturbance 

and removal of 

vegetation to the extent 

practicable. 

6. Selective thinning will occur in the Riparian Reserves to 

limit impacts within those areas. Thinning will focus on 

that needed for worker safety and line reliability 

(USFS 2007a). 

During construction 

(Federal and private 

lands) 

7. All noxious weed populations will be identified within the 

project area and flagged prior to construction activities by 

Western or its contractor(s). Any identified populations will 

be treated by using a recognized vegetation treatment 

identified by the USFS, BLM, and Reclamation and will 

comply with applicable plans such as the Shasta-Trinity 

National Forest (STNF) Land and Resource Management 

Plan (USFS 1995). 

Prior to construction 

(Federal and private 

lands) 

8. Herbicides will be used when needed to control noxious 

weeds. Herbicides will be applied by licensed applicators in 

accordance with Federal and California State regulations 

and labeled directions. On USFS-administered lands, 

application rates will not exceed those analyzed in the risk 

assessments presented in Appendix D of the EIS 

(Western 2007c). The approved permits will be obtained 

prior to herbicide implementation. 

During construction 

and maintenance 

(Federal and private 

lands) 

Ensure that the 

construction, operation, 

or maintenance does not 

result in the invasion of 

non-native, weedy 

species. 

9. If direct control methods or the removal of noxious weed 

infestations in construction disturbance areas are not 

feasible, the noxious plants can be cut and destroyed in a 

manner that is acceptable to the land management agencies. 

During construction 

(Federal and private 

lands) 

10. Equipment will have to be cleaned before entering the 

ROW. In addition, vehicles and equipment that have driven 

through or parked in a noxious weed−infested area will 

have to be cleaned before they can leave the area. 

During construction 

and maintenance 

(Federal and private 

lands) 

11. Disturbed areas will be reseeded with regionally native 

species in accordance with land management agencies and 

then mulched with certified weed-free straw. 

Following 

construction 

(Federal and private 

lands) 
Trinity Mitigation Action Plan 

 17

Table 2-2 (Cont.)

Mitigation 

Commitment Action 

Time of 

Implementation 

(Applicable Lands)

Ensure that the 

construction, operation, 

or maintenance does not 

result in the invasion of 

non-native, weedy 

species. (Cont.) 

12. Noxious weeds will be monitored for 3 years after 

construction activities, and any identified infestations will 

be treated with approved methods. 

Following 

construction 

(Federal and private 

lands) 

13. During construction, no equipment will be refueled and no 

oil will be changed within 300 ft of any water body or 

stream. Oil spill cleanup kits will be available on-site in the 

event an accidental spill occurs. 

During construction 

(Federal and private 

lands) 

14. Regulated materials will not be drained onto the ground, 

into streams, or into drainage areas. All construction waste, 

including trash and litter, garbage, other solid waste, 

petroleum products, and other potentially hazardous 

materials, will be properly disposed of. 

During construction 

and maintenance 

(Federal and private 

lands) 

Ensure that habitats are 

protected from chemical 

contamination. 

15. Herbicides will be handled in a manner that will avoid 

accidental spills and ensure worker and public safety. All 

herbicide spill requirements will be followed, including 

those for containment and cleanup procedures. 

During construction 

and maintenance 

(Federal and private 

lands) 

16. Terms and conditions developed during the consultation 

period under Section 7 of the ESA will be adhered to as 

specified in the BO of the USFWS and/or NMFS. In 

addition, any mitigation or conservation measures 

developed in conjunction with the California Department of 

Fish and Game will be followed. 

During construction 

(Federal and private 

lands) 

17. Western or its contractor(s) will have qualified biologists 

conduct preconstruction surveys for sensitive plants and 

wildlife at spur roads and other areas that will be subject to 

surface disturbance. The surveys will be conducted during 

the appropriate season prior to construction. 

Prior to construction 

(Federal and private 

lands) 

Ensure that special 

status species and 

habitats are protected. 

18. Funds to enhance Pacific fisher habitat will be provided to 

the degree that the proposed action will adversely alter 

existing Pacific fisher habitat. 

Following 

construction 

(Federal and private 

lands) 

19. If helicopter use cannot be scheduled to avoid the 

nesting/breeding period (approximately April 15 to 

August 15), then preconstruction raptor nest searches will 

be conducted to identify nesting raptors in the project area. 

Western or its contractor(s) will have a qualified biologist 

conduct project areawide raptor nest surveys in appropriate 

habitats for listed species prior to commencement of 

construction. Construction of the transmission line will 

incorporate the following measures to minimize noise 

impacts: 

• Helicopter pads will be buffered by using ridges or other 

sound-attenuating landscape features where available 

and practical. 

Prior to and/or during 

construction 

(Federal and private 

lands) 
Trinity Mitigation Action Plan 

18 

Table 2-2 (Cont.)

Mitigation 

Commitment Action 

Time of 

Implementation 

(Applicable Lands)

• Helicopter flight paths will be designed to provide a 

buffering distance from nest activity areas of listed 

species. 

• Helicopter flight paths will use terrain features that will 

reduce noise impacts to any identified sensitive species 

nest locations. 

• Helicopters will yard material away from the line to the 

west and to the south, avoiding known northern spotted 

owl nesting sites (Western 2007b). 

20. The line over the two Trinity River crossings will be 

marked with the best technology currently available to alert 

bald eagles and other birds to the presence of an 

obstruction. 

Following 

construction 

(Federal and private 

lands) 

21. To the extent practicable, disturbance of known bald eagle 

nests will be avoided during the courtship, breeding, and 

nesting period from January 1 through July 15, and any 

construction activity will be restricted within 0.25 mi of an 

active home range (USFS 2007b). If construction or other 

project-related activities (which may cause nest 

abandonment or forced fledging) are necessary within 0.25 

to 0.5 mi (depending on typography) of a bald eagle nest, 

monitoring of the nest by a qualified biologist will be 

conducted by Western. 

During construction 

(Federal and private 

lands) 

22. As appropriate, the recommendations in the National Bald 

Eagle Management Guidelines (USFWS 2007) will be 

followed. 

During construction 

and maintenance 

(Federal and private 

lands) 

Ensure that special 

status species and 

habitats are protected. 

(Cont.) 

23. Unless exempted, no work will be conducted within a 

1.3-mi radius of recent northern spotted owl nests from 

February 1 to September 15, and no noise or smoke will be 

generated within a 1.55-mi radius of these nests from 

February 1 to July 10 in order not to disrupt breeding and 

reproductive activities. 

During construction 

and maintenance 

(Federal and private 

lands) 

 24. Northern spotted owl habitat improvements conducted by 

the USFS will be funded by Western at a ratio of 5 acres 

improved for every acre disturbed in critical habitats, 

7 acres improved for each acre disturbed in nesting and 

roosting habitats, and 3 acres improved for each acre 

disturbed in areas capable of becoming northern spotted 

owl habitat. 

Following 

construction 

(Federal lands) 

 25. Construction activities will follow the prescribed limits of 

disturbance within classified Riparian Reserves. 

During construction 

(Federal and private 

lands) 
Trinity Mitigation Action Plan 

 19

Table 2-3 Applicable Cultural Resources Mitigation Actions

Mitigation 

Commitment Action 

Time of 

Implementation 

(Applicable Lands) 

1. Western will conduct cultural resource awareness 

training for all construction and field personnel. 

Prior to construction 

(Federal and private lands) 

2. All field personnel will be required to stop work within 

100 ft of any inadvertent discovery and immediately 

notify Western’s environmental manager. Western will 

have a qualified archaeologist who meets the Secretary 

of the Interior’s standards evaluate and assess the find in 

consultation with the SHPO and local tribes, if the site 

was prehistoric in nature. Significant cultural resources 

in the area will be delineated in the field and avoided. 

Immediately after an artifact 

or other resource is 

discovered throughout the 

construction period. Western 

will be provided with a 

report of findings within 

6 months after the evaluation 

of the discovery 

(Federal and private lands) 

3. Once specific equipment staging areas are identified, 

those sites will be surveyed for cultural resources as well 

as any additional areas identified for any type of 

construction activity. 

Prior to construction 

(Federal and private lands) 

4. Construction activities will avoid all historic properties 

or a special use permit or mitigation plan will be 

developed in accordance with the PA. 

During construction 

(Federal and private lands) 

Avoid disturbance 

of any cultural 

resource site eligible 

for the NRHP. 

5. Archaeological or North American monitors will be 

on-site in areas where construction activities will be near 

identified cultural properties or other culturally sensitive 

areas to ensure avoidance of these properties. 

During construction (Federal 

and private lands) 

areas where soil erosion may be increased are narrow and spread over a large area, thereby 

reducing the potential for impacts. Development of an Erosion and Sedimentation Control Plan 

and implementing the EPMs will reduce geology and soil erosion impacts. 

Long-term impairment of soil productivity, hydrologic function, or environmental health could 

occur through compaction, loss of organic matter, loss of large woody material, and erosion. The 

soil quality standards (SQSs) outlined in Appendix O of the Shasta-Trinity National Forest 

(STNF) Land and Resource Management Plan (USFS 1995) will be implemented. 

Table 2-4 lists the geology and soils mitigation actions. 

2.5 LAND USE 

Land ownership in the project area consists of both public and private lands. Most of the land is 

held by the USFS, BLM, Reclamation, and SPI; the remainder is held by a few private 

landowners. Land uses along the project transmission line include industrial/commercial, 

recreation, and timber production. Industrial and commercial land uses include roads, railroads, 

mining, and existing ROWs. 

Construction of the project will use existing ROWs, or where required, new ROWs will cross 

undeveloped land. The project will not remove houses or other buildings and will not displace 

people or disrupt or divide the physical arrangement of an established community. The project 

will cross lands subject to three land use plans (USFS, BLM, and Trinity County) and Trinity 
Trinity Mitigation Action Plan 

20 

Table 2-4 Applicable Geology and Soils Mitigation Actions

Mitigation 

Commitment Action 

Time of 

Implementation 

(Applicable Lands) 

1. Highly erodible areas (e.g., areas with unstable slopes) will be 

avoided to the extent possible. Impacts due to slope instability 

might be mitigated by grading. 

During construction 

(Federal and private lands)

2. Construction of project ROWs will be timed to avoid winter 

storms. 

During construction 

(Federal and private lands)

3. Soil-disturbing actions will be avoided during periods of 

heavy rain or wet soils. Travel restrictions will be applied to 

protect soil and water (USFS 2000). 

During construction 

(Federal and private lands)

4. Wet weather logging will not occur on soils with a high 

compaction hazard (e.g., Marpa-Goulding-Hohmann). 

During construction 

(Federal and private lands)

5. Erosion control measures will be continuously monitored and 

maintained to ensure optimal effectiveness. 

During construction 

(Federal and private lands)

6. Disturbance and removal of soils and vegetation will be 

limited to the minimum area necessary for access and 

construction. Brush, shrubs, and other ground cover shall be 

left in the ROW-cleared areas to the extent possible. 

During construction 

(Federal and private lands)

7. Grading will be minimized to the extent possible. When 

required, grading will be conducted away from watercourses 

and washes to reduce the potential for material to enter them. 

During construction 

(Federal and private lands)

8. Water bars will be used to control erosion in cleared areas 

where the slope is greater than 35%. 

During construction 

(Federal and private lands)

9. Ground-based mechanical equipment will operate only on 

fine-textured, nonrocky soils when the soils are dry to a depth 

of 8 in. from June through September. 

During construction 

(Federal and private lands)

Minimize soil 

erosion within the 

ROW. 

10. Soil excavated for structure foundations will be backfilled and 

tamped around the foundations and used to provide positive 

drainage around the structure foundations. 

During construction 

(Federal and private lands)

11. Drainage control structures (e.g., water bars and cross drains) 

will be used where necessary to direct surface drainage away 

from disturbance areas and to minimize runoff and sediment 

deposition downslope from all disturbed areas. 

During construction 

(Federal and private lands)

12. All project-induced disturbed areas will be mulched with 

appropriate material (fine slash, wood chips, weed-free or rice 

straw, or a combination of these), and mulch will be 

maintained, as appropriate, throughout the life of the project. 

During and following 

construction 

(Federal and private lands)

13. Exposed soil material at disposal sites will be seeded and 

mulched before winter. 

During construction 

(Federal and private lands)

14. Once construction is complete, all work areas except access 

roads will be scarified and seeded with native species or left in 

a condition that will facilitate natural or appropriate 

vegetation, provide for proper drainage, and prevent erosion. 

Post-treatment total soil cover should be between 50% and 

70%, with at least 50% cover as fine slash (less than 3 in. of 

material) on metamorphics and greater than 90% cover on 

granitics. 

Following construction 

(Federal and private lands)

15. Existing skid trails will be used to the extent possible to 

minimize the number of skid trails. 

During construction 

(Federal and private lands)

Minimize soil 

disturbance from 

skid trails. 16. Skid trails will be designated and used to minimize soil 

compaction in the project area, especially when soil is dry to a 

depth of 8 in. 

During construction 

(Federal and private lands)
Trinity Mitigation Action Plan 

 21

Table 2-4 (Cont.)

Mitigation 

Commitment Action 

Time of 

Implementation 

(Applicable Lands) 

17. Unless unavoidable, skid trails will be limited to areas where 

the slope is less than 35%. 

During construction 

(Federal and private lands)

18. Appropriate material (fine slash, wood chips, weed-free or 

rice straw, or a combination of these) will be spread on skid 

trails to achieve a minimum of 50% ground cover. 

During construction 

(Federal and private lands)

19. Silt fences will be installed between skid trails and culverts 

when the slope distance is less than 50 ft. 

During construction 

(Federal and private lands)

20. Skid trails will be tilled to a depth of 18 in. and mulched. During construction 

(Federal and private lands)

Minimize soil 

disturbance from 

skid trails. 

(Cont.) 

21. Mechanical skidding equipment will be restricted to slashcovered primary skid trails where slopes are greater than 40%.

During construction 

(Federal and private lands)

22. Existing roads will be used to the extent possible. During construction 

(Federal and private lands)

23. Specific measures that will be conducted on Forest Road 

34N13 and Forest Road 34N13C will include the following: 

• Repair rolling dips and overside drains as needed; 

• Spot rock stream crossings as directed by the USFS; 

• Remove one culvert and convert the crossing to a drivable 

low-water crossing; and 

• Maintain the remaining drainage structures. 

During construction 

(USFS lands) 

Minimize soil 

disturbance from 

access roads. 

24. All native surface roads will be spot rocked with aggregate 

during wet weather operations, especially into creek 

drainages. 

During construction 

(Federal and private lands)

25. Temporary access roads will be tilled to a depth of 18 in. and 

mulched with weed-free straw. 

During construction 

(Federal and private lands)

26. Water bars or rolling dips will be used to control erosion on 

the last 50 ft of all temporary roads where they will enter 

landings or main roads; these areas will be mulched to 

achieve a ground cover of 75% or greater. 

During construction 

(Federal and private lands)

27. Access to construction areas will be routed around wet areas, 

and the route will not be allowed to cross sensitive resource 

areas. If wet areas cannot be avoided, best management 

practices will be implemented for these areas during the 

construction and improvement of access roads and during 

their subsequent reclamation. 

During construction 

(Federal and private lands)

28. Following their use, all temporary roads and landings will be 

ripped (with winged subsoiler) to a depth of 18 in., seeded 

with native species, and mulched with appropriate material 

(fine slash, wood chips, weed-free or rice straw, or a 

combination of these). 

Following construction 

(Federal and private lands)

29. New landings will be located on old landings or previously 

disturbed sites to the extent possible. 

During construction 

(Federal and private lands)

30. Landings will be constructed with drainage directed to 

catchment structures. 

During construction 

(Federal and private lands)

31. New landing fill slopes will be mulched initially, and the 

mulch will be maintained throughout the life of the project. 

During construction 

(Federal and private lands)

Minimize soil 

disturbance from 

landings (e.g., 

staging areas and 

helipads). 

32. Landings will be tilled (or “subsoiled”) to a depth of 24 in. 

and mulched with appropriate material (e.g., fine slash, wood 

chips, weed-free or rice straw, or a combination of these). 

During construction 

(Federal and private lands)
Trinity Mitigation Action Plan 

22 

Table 2-4 (Cont.)

Mitigation 

Commitment Action 

Time of 

Implementation 

(Applicable Lands) 

33. For highly erodible soils, soil ground cover will be in excess 

of 90% and evenly distributed. Skid roads, skid trails, 

temporary roads, and landings will be tilled to a depth of 

18 in. and mulched or planted. 

During construction 

(Federal and private lands)

Meet SQSs for 

soil productivity. 

34. Soil porosity will be at least 90% of the total porosity found 

under undisturbed or natural conditions (as measured at a 

depth of 0 to 4 in. for soils with herbaceous potential or 4 to 

8 in. for soils with tree and shrub potential). 

During construction 

(Federal and private lands)

35. Soil organic matter will be maintained in sufficient amounts 

to prevent significant short- or long-term nutrient cycle 

deficits and to avoid adverse physical soil characteristics. 

Surface organic matter (upper 12 in.) will include litter and 

duff in at least 50% of the activity area. When in forested 

areas, large woody material will include at least five logs per 

acre in contact with the soil surface. 

During construction 

(Federal and private lands)

36. The soil moisture regime will be protected where the soil 

productivity or potential natural plant community depends on 

specific soil drainage classes. 

During construction 

(Federal and private lands)

Meet SQSs for 

soil hydrologic 

function. 

37. Water infiltration and permeability will not be reduced to 

ratings of 6 or 8 as defined in USFS (2006). 

During construction 

(Federal and private lands)

Meet SQSs for 

soil 

environmental 

health. 

38. The soil reaction class, buffering or exchange capacities, or 

biological populations will not be altered to a degree that will 

significantly affect soil productivity, solid hydrologic 

function, or the health of humans and animals. 

During construction 

(Federal and private lands)

County’s Zoning Ordinance. The proposed action will not conflict with BLM or Trinity County 

land use policies or Reclamation’s reclamation zones. With the implementation of the EPMs, the 

potential conflict with USFS land use policies will be reduced. 

The EPMs included in the socioeconomics section (section 2.9) are also designed to minimize 

and avoid potential impacts on other land uses, including those on private landowners. In 

addition, the EPMs aimed at geology and soils (section 2.4) and water resources (section 2.12) 

will also potentially mitigate land use impacts. 

2.6 NOISE 

The project is located primarily in areas with few permanent residents and few activities that 

generate substantial noise events. Background noise is mostly associated with natural sources 

such as wind and wildlife (e.g., birds and insects). Activities that generate noise levels above 

natural background include traffic on major road systems and local roadways, off-highway 

vehicles (OHVs), rural and suburban residential areas, campgrounds and other recreational 

locations, Trinity River Fish Hatchery, dam spillways, corona and other sounds associated with 

existing electrical lines and substations, and commercial or other forestry operations. 
Trinity Mitigation Action Plan 

 23

Most of the project traverses undeveloped areas with few if any noise-sensitive areas. Noisesensitive areas include Ackerman Campground, isolated residential areas near Jessup Gulch 

Road, the Trinity River Fish Hatchery, and residential areas near the community of Lewiston. 

Elevated noise levels during construction will be periodic and occur over a relatively short period 

of time (e.g., a few weeks). Blasting has a low probability of occurring, especially near or 

adjacent to sensitive receptors. If it does occur, it will be of short duration. Noise associated with 

the use of a helicopter(s) for construction of the transmission line is not anticipated to be 

significant because of the rural nature of the project area, the short duration a helicopter will 

spend at each site, and the fact that most of the helicopter operations will be less than 

60 A-weighted decibels (dBA) near noise-sensitive receptors. The transmission line will be 

designed to minimize conductor point discharge sources, which could be a source of corona 

activity that will generate audible noise levels. The specifications for electrical equipment will be 

developed so that they will comply with the sound level required by industry standards, 

governing regulations, or local ordinances. Maintenance-related noise levels will be similar to 

those for construction, although they will be less frequent and intense. 

Table 2-5 lists the noise mitigation actions. 

2.7 PALEONTOLOGICAL RESOURCES 

The rocks found in Trinity County are primarily volcanic and metamorphic and have no potential 

for containing fossil materials. The Weaverville Formation, which is a sedimentary formation 

composed of nonmarine sedimentary deposits, crosses about 0.5 mi of the project ROW. Overall, 

the project area has a low potential of containing scientifically significant fossils (e.g., either 

vertebrate or uncommon invertebrate and plant paleontological resources). While there is always 

a possibility of finding these resources during construction, impacts on paleontological resources 

from construction of the project are not anticipated. 

Table 2-6 lists the paleontological resources mitigation actions. 

2.8 PUBLIC HEALTH AND SAFETY AND HAZARDOUS MATERIALS 

Public health and safety encompasses a variety of concerns, ranging from worker safety issues to 

hazards associated with the general public. Among the project-related issues of environmental 

concern for health and safety and hazardous materials are electric shock, exposure to EMFs, 

worker safety, and herbicide exposure. Habitat-related hazards include physical injuries related 

to the steep wilderness condition of the project area and biological risks such as rattlesnake or 

rabid-animal bites, ticks (Rocky Mountain spotted fever), mosquitoes (West Nile virus), poison 

oak, and encounters with bears or mountain lions. Public safety concerns also exist from 

controlled or wildland fires. Certain small industries (e.g., car repair, pesticide spray, metal 

plating operations, and wood treatment companies) or historical mining activities within the 

project area may have resulted in hazardous material contamination to soil or water resources. 

Historical or illegal disposal of hazardous materials to areas within the project area may have 

also occurred. However, the actual presence of such materials within the project ROW has not 

been identified. 
Trinity Mitigation Action Plan 

24 

Table 2-5 Applicable Noise Mitigation Actions 

Mitigation 

Commitment Action 

Time of 

Implementation 

(Applicable Lands) 

1. Construction occurring within 2,000 ft of a residential 

dwelling, designated campground or recreational facility, or 

other noise-sensitive receptor near the transmission line 

ROW will be limited to Monday through Saturday from 

7:00 a.m. to 8:00 p.m. in accordance with the Trinity County 

noise ordinance. Construction on Sunday will be prohibited. 

During construction 

(Federal and private lands)

2. Stationary noise sources will be located as far as possible 

from existing sensitive receptors. If stationary sources have 

to be located near existing sensitive receptors, they will be 

adequately muffled and enclosed within temporary sheds, or 

portable sound blankets will be used. 

During construction 

(Federal and private lands)

3. The following mitigation measures apply for helicopter use: 

• Minimize the use of helicopter construction traffic to the 

extent practical. 

• Minimize helicopter flights at low altitudes (under 

1,500 ft) near noise-sensitive receptors, except at 

locations where only helicopter activities can perform the 

job task. 

• Minimize helicopter operations near campgrounds along 

Lewiston Lake and near the community of Lewiston 

when feasible. 

During construction 

(Federal and private lands)

Minimize noise 

disturbance to 

residents and 

recreationists. 

4. Although blasting is anticipated, it will not likely be near 

noise-sensitive locations. However, blasting noise does pose 

a potential impact. Therefore, the following mitigations are 

proposed to reduce any potential noise impacts that could 

result if rock drilling and blasting were required for 

construction of the project transmission pole footings. 

• Blasting during construction will be conducted only 

when other practicable excavation methods are not 

available. 

• If blasting is necessary, it will be conducted only during 

the hours of 8:00 a.m. to 4:00 p.m., Monday through 

Friday. 

• Sensitive receptors in areas where the noise from blasting 

will be greater than 10 dB above ambient noise levels 

will be given advance notification of the date and time of 

any blasting activities. 

• If blasting is necessary, a blasting plan will be developed 

and approved by the USFS, BLM, Reclamation, and any 

other appropriate regulatory agencies. Elements of the 

blasting plan are presented in table 2-2 of the EIS 

(Western 2007c). 

During construction 

(Federal and private lands)

5. Construction equipment will be equipped with manufacturerrecommended mufflers or the equivalent. During construction 

(Federal and private lands)

6. Construction equipment will be turned off when not in 

operation. 

During construction 

(Federal and private lands)

Control noise from 

vehicles and 

equipment. 

7. Equipment engine covers will be maintained on the 

apparatus as designated by the manufacturer. 

During construction 

(Federal and private lands)
Trinity Mitigation Action Plan 

 25

Table 2-5 (Cont.) 

Mitigation 

Commitment Action 

Time of 

Implementation 

(Applicable Lands) 

8. Equipment used for project construction will be 

hydraulically or electrically powered whenever possible to 

avoid noise associated with compressed air exhaust from 

pneumatically powered tools. However, where use of 

pneumatically powered tools is unavoidable, an exhaust 

muffler on the compressed air exhaust will be used. 

During construction 

(Federal and private lands)

Control noise from 

vehicles and 

equipment. 

(Cont.) 

9. External jackets on the tools will be used where feasible. 

Quieter procedures, such as drilling rather than using impact 

equipment, will be used whenever possible. 

During construction 

(Federal and private lands)

Table 2-6 Applicable Paleontological Resources Mitigation Actions

Mitigation 

Commitment Action 

Time of 

Implementation 

(Applicable Lands) 

Avoid the 

disturbance of 

important 

paleontological 

resources. 

1. Project construction personnel will be introduced to the 

recognition of fossils as part of the environmental training 

program established for construction of the project. If a fossil 

is uncovered, stop work procedures will be implemented in 

the area, and Western or its contractor(s) will consult with a 

qualified paleontologist to evaluate the resource. 

Whenever a fossil is 

discovered throughout the 

construction period. 

Western will be provided 

with a report of findings 

within 6 months after the 

evaluation of the 

discovery 

(Federal and private lands)

The general public health and safety conditions will not change as a result of the proposed 

action. The proposed action will not alter any emergency response plan or interfere with 

emergency response vehicles or pose a hazard to public or private airports. Solid and hazardous 

wastes will be disposed of at facilities permitted for handling and disposing of waste. In 

accordance with National Electrical Safety Code (NESC) requirements, induced currents from 

the transmission lines will be 5 milliamperes (mA) or less. The EMFs at the edge of and within 

the project transmission line ROW will be less than the threshold values. The Weaverville 

Switchyard and most of the transmission line will be located in uninhabited areas. 

Table 2-7 lists the public health and safety and hazardous materials mitigation actions. 

2.9 SOCIOECONOMICS AND ENVIRONMENTAL JUSTICE 

The potentially affected area for socioeconomics consists of Trinity County, while that for 

environmental justice consists of six census blocks in the vicinity of Lewiston and Weaverville. 

The communities of Lewiston and Weaverville contain the majority of the population within the 

project area. The small number of outside workers (16) will not cause a major or regionally 

measurable change in employment, community services, or housing availability or measurably 

increase the population of Trinity County. The proposed action will not displace or cause a major 

disruption to businesses. There will not be a disproportional effect on minority or low-income 

populations. The increased reliability of the energy supply to commercial and industrial users 
Trinity Mitigation Action Plan 

26 

Table 2-7 Applicable Health and Safety and Hazardous Materials Mitigation Actions

Mitigation 

Commitment Action 

Time of 

Implementation 

(Applicable Lands) 

1. A blasting plan will be developed in accordance with 

recognized industrial standards and governmental 

regulations. 

During construction 

(Federal and private lands)

Prevent the loss of 

life or limb. 

2. The use of explosives for construction activities will be 

transported and used by a California-licensed contractor, 

under contract to the project proponent or specified general 

contractor, who will ensure compliance with State of 

California Safety Orders (Cal-OSHA), Article 8, 

Section 1564, and with California Vehicle Code, Division 14 

requirements for vehicle transportation of explosives on 

public roadways as applicable. All blasting will be 

conducted by a subcontractor with a valid California 

“Blaster License” pursuant to Cal-OSHA Article 8, 

Sections 1550–1580. 

During construction 

(Federal and private lands)

3. Personnel involved in excavation work will receive training 

in recognizing potentially contaminated soil or groundwater 

from the general contractor’s assigned health and safety 

officer. Contractors or subcontractors will be trained prior to 

the start of work. This training will also include instructions 

regarding further work activities at an affected site and 

reporting procedures if contamination is suspected. 

During construction 

(Federal and private lands)

Prevent exposure to 

hazardous 

materials. 

4. If soil or groundwater contamination is suspected during 

excavation (e.g., because of unusual soil discoloration or 

strong odor), the contractor or subcontractor will 

immediately stop work and notify the general contractor’s 

assigned health and safety officer who will implement 

appropriate health and safety procedures. Preliminary 

samples of the soil, groundwater, or material will be taken 

by an Occupational Safety and Health Administrationtrained individual and sent to a California-certified 

laboratory for characterization. If contamination is not found 

to be above regulatory limits, work will be allowed to 

proceed at the site. However, if contamination is found to be 

above established limits, the regulatory agency 

(e.g., Regional Water Quality Control Board or California 

Environmental Protection Agency) responsible for 

responding to and for providing environmental oversight of 

the region will be notified in accordance with State or local 

regulations. 

During construction 

(Federal and private lands)

Eliminate the 

potential for electric 

shock. 

5. Electric shock along fences running parallel to electric 

transmission lines from induced voltages is not a significant 

factor for 60-kV transmission lines. However, during 

construction of the proposed transmission line, Western will 

perform a survey along the corridor to determine if long 

conductors (e.g., metal fences) are present. If these 

conductors are identified and have the potential to generate 

shock, the project proponent will contact the owner of the 

fence and provide grounding as required by the applicable 

code (e.g., NESC). 

During construction 

(Federal and private lands)
Trinity Mitigation Action Plan 

 27

Table 2-7 (Cont.)

Mitigation 

Commitment Action 

Time of 

Implementation 

(Applicable Lands) 

Eliminate the 

potential for fires. 

6. Fire-related fuels will be treated (i.e., slash will be lopped 

and scattered, chipped, or, possibly, burned to reduce fuel 

loads). 

During construction and, 

as necessary, during ROW 

maintenance 

(Federal and private lands)

might contribute indirectly to economic growth and additional tax revenues in Trinity County but 

will not, in and of itself, induce growth. 

Table 2-8 lists the socioeconomic and environmental justice mitigation actions. 

EPMs described above and those listed for air quality, cultural resources, noise, and health and 

safety will also minimize and avoid adverse impacts on residents, including minority and lowincome populations (see sections 2.1, 2.3, 2.6, and 2.8). These EPMs include consultation with 

potentially affected Native Americans. For this project, Western consulted with the California 

Native American Heritage Commission and two Federally recognized tribes: the Redding 

Rancheria and the Hoopa Valley Indian Reservation. Contact was also made with groups and 

persons who do not have Federal recognition status. These include the Nor-Rel-Muk Nation, the 

Wintu Educational and Cultural Council, and Ms. Carol Y. Bowen. Consultation helps avoid and 

minimize adverse impacts on Native Americans by better defining their concerns, locations of 

traditional cultural properties, and cultural practices that could be affected by the project. 

2.10 TRAFFIC AND TRANSPORTATION 

The project is located in a rural area with few transportation systems other than roads. The State 

highways near the project are State Route (SR) 3 and SR 299. Both highways are used by local 

residents and tourists to gain access to the western and central portion of Trinity County. Neither 

of these highways cross the project ROW. Most roads that provide access to the ROW are 

Table 2-8 Applicable Socioeconomic and Environmental Justice Mitigation Actions 

Mitigation 

Commitment Action 

Time of 

Implementation 

(Applicable Lands) 

Obtain permission 

for the use of nonROW lands. 

1. Any land temporarily required for construction of the proposed 

facilities (such as conductor pulling sites and material and 

equipment storage areas) will be arranged through temporaryuse permits or by specific arrangements between the 

construction contractor(s) and affected landowners. 

Prior to construction 

(Private lands) 

Compensate private 

landowners for their 

lands that are 

required for the 

ROW. 

2. With the exception of Federal lands, Western will acquire land 

rights (easements) in accordance with applicable provisions of 

the Uniform Relocation Assistance and Real Property 

Acquisition Policies Act of 1970 (Public Law 91-646), as 

amended. Easements will be purchased through negotiations 

with landowners at fair market value and based on independent 

appraisals. The landowner will normally retain title to the land 

and can continue to use the property in ways that will be 

compatible with the transmission line. 

Prior to construction 

(Private lands) 
Trinity Mitigation Action Plan 

28 

existing compacted dirt or gravel access roads, although a few asphalt roads are located near 

Lewiston and Weaverville. Many of the rural dirt and gravel roads are used by OHVs during the 

summer season for recreational activities. The busiest period for roadways used in the project 

area is between Memorial Day and Labor Day, when recreational activities in the area peak. 

Traffic diminishes during the fall through spring as a result of snowfall, poor weather conditions, 

and a decrease in tourist travel. Five airports are located in Trinity County, but none of them 

support major airline service or scheduled airline service to other locations. Because of 

significant operational deficiencies at the Lonnie Pool Field/Weaverville Airport, this airport 

may be abandoned and relocated. The proposed location for the airport, east of Weaverville, 

resulted in a relocation of the transmission line project. 

As a result of the current very low traffic volumes on local roadways and the low number of 

construction-related trips each day along most of these roadways, construction traffic will not 

change the existing level of service or result in significant traffic delays along these rural access 

routes. Construction activities and equipment movement will follow applicable highway safety 

requirements and California Department of Transportation (Caltrans) and Trinity County traffic 

regulations. Helicopter operations will comply with all applicable FAA regulations and are not 

anticipated to pose impacts on populated locations or private or public airports. Operation, 

inspection, and maintenance traffic will occur infrequently and will typically involve one or two 

vehicles and two to four workers per year. Implementation of applicable traffic regulations, FAA 

regulations, and EPMs will reduce traffic and transportation impacts. 

Table 2-9 lists the traffic and transportation mitigation actions. 

The USFS has a fee schedule regarding the use of roadways in its jurisdictional area. This fee 

schedule is based on logging use on its roadways and is intended to cover roadway maintenance. 

Table 2-9 Applicable Traffic and Transportation Mitigation Actions 

Mitigation 

Commitment Action 

Time of 

Implementation 

(Applicable Lands) 

1. Traffic controls will be implemented at locations of ingress and 

egress of construction vehicles on public roadways. Locations 

of newly constructed access road intersections or intersections 

along public roadways will be highly visible. 

During construction 

(Federal and private lands)

2. The general contractor in charge of construction activities will 

place signage and/or provide traffic control crews at select 

locations as necessary to ensure that motorists are aware of the 

presence of crossing or slow moving construction vehicles. 

During construction 

(Federal and private lands)

3. Helicopter offloading of logs will be away from local 

roadways; thus, this activity will not impact traffic along local 

dirt access roads. 

During construction 

(Federal and private lands)

4. Any damage to existing roadways caused by construction 

vehicles will be repaired in accordance with specifications 

established by Federal, Trinity County, Caltrans, or private 

landowners. 

During construction 

(Federal and private lands)

Minimize the 

potential for 

traffic hazards. 

5. Speed limits on nonpublic access roads will not exceed 15 mph 

(USFS 2007b). 

During construction 

and maintenance 

(Federal and private lands)
Trinity Mitigation Action Plan 

 29

The project proponent will reimburse the USFS according to its fee schedule for roadway 

maintenance. However, if the project proponents restore the roadways to preconstruction or 

better conditions in accordance with an agreement with the USFS, fees will be waived. 

2.11 VISUAL RESOURCES 

The visual character of Trinity County is one of a variety of steep slopes blanketed with rich 

forests and incised with swift cold streams draining to the west. The visual character of the 

project area consists of moderate to steep hillsides and ridges vegetated with a variable mosaic of 

coniferous forest, oak woodlands, and brush. 

The portion of the project within National Forest System lands falls into USFS Management 

Areas P (allows ecological changes only, while management activities [except for very low 

visual impact recreation facilities] are prohibited), R (provides for management activities that are 

not visually evident), and PR (management activities remain visually subordinate to the 

characteristic landscape when managed according to partial retention of visual quality 

objectives) for visual resources. Small portions of the project, including the Weaverville 

Switchyard, lie within BLM Class III lands. Class III objectives are to partially retain the 

existing character of the landscape. The project will be consistent with the aforementioned USFS 

and BLM management objectives. However, changes resulting from the project could alter the 

visual quality of the area. Some sensitive areas for scenery may not be screened by vegetation 

because some of the existing vegetation will be removed when the current ROW is widened. The 

new Weaverville Switchyard will be a new facility but small and partially screened from SR 299. 

A majority of the project is in remote areas where some portions are viewed as being highly 

sensitive for scenery but where there are few viewers. EPMs will reduce visual impacts to the 

extent possible. 

Table 2-10 lists the visual resources mitigation actions. 

Table 2-10 Applicable Visual Resources Mitigation Actions 

Mitigation 

Commitment Action 

Time of 

Implementation 

(Applicable Lands) 

1. Any steel poles used for the project will be made of selfrusting steel, which turns dark, flat brown. Poles that could 

be observed from County Route 105 will be located behind 

vegetative screening. 

During construction 

(Federal and private lands) 

2. Smaller shrubs and vegetation will be maintained in order 

to aid in screening. 

During construction and 

maintenance 

(Federal and private lands) 

Make project 

facilities visually 

unobtrusive to the 

extent practicable. 

3. As feasible, existing vegetation will be maintained along 

the boundary of the Weaverville Switchyard to provide 

screening. 

During construction and 

maintenance 

(BLM and private lands) 

Avoid the 

application of 

permanent paint 

or discoloring 

agents to rocks or 

vegetation. 

4. Survey markers, flagging, or other suitable material will 

primarily be used to indicate survey or construction activity 

limits. Any paint or discoloring agents that may be used 

cannot be permanent. 

During construction 

(Federal and private lands) 
Trinity Mitigation Action Plan 

30 

2.12 WATER RESOURCES 

The project area includes perennial, intermittent, and ephemeral streams; watersheds; and 

floodplain portions of the Trinity River and associated smaller tributary stream floodplains. The 

perennial streams crossed by the project include the Trinity River (twice), Rush Creek, and Little 

Browns Creek. In addition, 32 intermittent and ephemeral streams and 10 wetlands will be 

crossed by the transmission line and existing or proposed access roads. Sediment is the water 

quality parameter of greatest concern in the project area. No groundwater basin or subbasin is 

located in the project area. The transmission line in Segment 3 of the project will span the 

100-year floodplain of Rush Creek. All remaining portions of the project ROW are determined to 

be outside the 500-year floodplain. 

Vegetation removal, grading, excavation, and other soil-disturbing activities would potentially 

result in erosion and sediment discharges into nearby watercourses. An Erosion and 

Sedimentation Control Plan and a Stormwater Pollution Prevention Plan will be developed by 

Western or its contractor(s) to reduce erosion and sedimentation impacts. Water needed during 

construction will be obtained from more than one existing source, impacts will be short term, and 

water use will be extremely limited. 

The streams and wetlands that will be spanned by the transmission line are jurisdictional waters 

of the United States. No structures or facilities (i.e., poles or foundations) will be located within 

waterways or wetlands. Fourteen of the intermittent and ephemeral streams will be impacted by 

access road improvements across or adjacent to them, and one additional stream will be impacted 

by construction of a new spur road. Work in these streams will consist of the placement of clean 

rock, removal and/or replacement of culverts, or graveling of a road across dry streams. If a 

culvert is removed and not replaced, the crossing will be converted to a low-water crossing. 

These activities will impact about 0.07 acre of jurisdictional waters of the United States. 

Construction of the transmission line will not occur within any jurisdictional wetlands, and no 

access road improvements will occur within wetlands. 

The majority of the new poles will be located outside the floodplains. Where installation of new 

poles within floodplains is determined to be unavoidable, proposed structures will be designed to 

withstand flood events. 

Under CWA Section 404 Nationwide Permit (NWP) 12 (Utility Line Activities), Western and its 

contractor(s) must also comply with 28 general conditions for work within waters of the 

United States, which generally include tidal waters, lakes, ponds, rivers, streams (including 

intermittent streams), and wetlands (Appendix A). 

Table 2-11 lists the water resources mitigation actions. 

2.13 WILDERNESS AND RECREATION 

The project will not be located within or adjacent to any established wilderness areas. The closest 

wilderness area (Trinity Alps) is about 4 to 8 mi west of the project site. Recreational 

opportunities in the project area include hiking, biking, camping, fishing, other water-based 
Trinity Mitigation Action Plan 

 31

Table 2-11 Applicable Water Resources Mitigation Actions 

Mitigation 

Commitment Action 

Time of 

Implementation 

(Applicable Lands) 

1. Structures will be placed to avoid sensitive features such as 

riparian areas, watercourses, and wetlands providing they do 

not interfere with human safety or line reliability 

(USFS 2007a). To the extent practicable, no access road 

improvements or new road construction will occur in 

wetlands. 

During construction 

(Federal and private lands)

2. To the extent practicable, activities will be routed around 

wet areas while ensuring that the route does not cross 

sensitive resource areas. If wet areas cannot be avoided, best 

management practices will be implemented in these areas. 

These practices include the use of wide-track or balloon-tire 

vehicles and equipment or other weight-dispersing systems. 

During construction 

(Federal and private lands)

3. Excavated material or other construction materials will not 

be stockpiled or deposited near or on stream banks, lake 

shorelines, or other watercourse perimeters where they could 

be washed away by high water or storm runoff or could 

encroach, in any way, upon the watercourse. 

During construction 

(Federal and private lands)

4. Earth material will not be excavated from, nor will 

excavated material be stored in, any stream, swale, lake, or 

wetland (USFS 2000). 

During construction 

(Federal and private lands)

5. Dewatering work for structure foundations or earthwork 

operations adjacent to, or encroaching on, streams or 

watercourses will be conducted to prevent muddy water and 

eroded materials from entering the streams or watercourses 

with the construction of interceptors. 

During construction 

(Federal and private lands)

Avoid sediment 

and debris input 

to streams and 

wetlands. 

6. Sediment discharge into streams, lakes, and wetlands near 

construction sites will be minimized (CASQA 2003). 

• Vegetated buffers on slopes could be used to trap 

sediment and promote groundwater recharge. 

• Riparian vegetation could be planted and used to stabilize 

stream banks. 

• Earth dikes, swales, and lined ditches could be used to 

divert work-site runoff that will otherwise enter a 

disturbed stream. 

• Certified weed-free straw bale barriers could be installed 

to control sediment in runoff water. Straw bale barriers 

will be installed only where sediment-laden water could 

pond, thus allowing the sediment to settle out. 

• Check dams (i.e., small barriers constructed of rock, 

gravel bags, sandbags, or fiber rolls) could be placed 

across a constructed swale or drainage ditch to reduce the 

velocity of flowing water, allowing sediment to settle, 

thereby reducing erosion. 

• Equipment and vehicles will not be washed in streams or 

wetlands. 

During construction 

(Federal and private lands)
Trinity Mitigation Action Plan 

32 

Table 2-11 (Cont.) 

Mitigation 

Commitment Action 

Time of 

Implementation 

(Applicable Lands) 

Avoid sediment 

and debris input 

to streams and 

wetlands. (Cont.) 

7. The contractor shall be prepared to sample for turbidity in 

the event of sediment/siltation into any water body. 

Construction activities will not cause turbidity increases in 

surface waters to exceed: 

Nephelometric turbidity unit (NTU) when turbidity is 

between 0 and 5 NTUs, 

• 20% when natural turbidity is between 5 and 50 NTUs, 

• 10 NTUs when natural turbidity is between 50 and 

100 NTUs, and 

• 10% when natural turbidity exceeds 100 NTUs. 

During construction 

(Federal and private lands)

 8. Vegetated buffers will be maintained near streams and 

wetlands. Silt fences could be used along edges of streams 

and wetlands to prevent erosion and transport of disturbed 

soil, including spoil piles. 

During construction 

(Federal and private lands)

 9. Mitigation measures applied to roads and other disturbed 

sites will include: 

• Minimizing slope hill cuts; 

• Complying with county, State, and Federal erosioncontrol standards; 

• Rocking approaches to stream crosses on new or 

improved access roads; 

• Installing silt fences at culvert outlets during wet weather 

operations. 

• Using filter strips and, if needed, sediment traps to keep 

all sand-sized sediment on the land, and disturbed soil 

will be disconnected from streams, lakes, and wetlands; 

During construction 

(Federal and private lands)

• Dispersing runoff into filter strips; 

• Cleaning sediment traps when 80% full, with removal of 

sediment to a stable, upland site with gentle slopes that 

will be revegetated; 

• Designing road ditches and cross drains to limit flow to 

ditch capacity and prevent ditch erosion and failure; 

• Installing cross drains to disperse runoff into filter strips 

and to minimize the amount of disturbed areas connected 

to the drains; 

• Spacing cross drains no more than 120 ft apart in highly 

erodible soils on steep grades, to no more than 1,000 ft 

apart in resistant soils on flat grades; 

• Emptying cross drains onto stable slopes that dispersed 

runoff into filter strips (on soils that might gully, outlets 

will be armored to disperse runoff) (USFS 2000); and 

• Placing native rock in stream channels to minimize 

construction traffic impacts because of low water and dry 

water crossings (entire road will be rocked on SPI lands). 

10. No debris will be disposed of in or within 100 ft of any 

Streamside Management Zones, meadows, wetlands, or 

Riparian Reserves. In addition, no debris will be disposed of 

within 100 ft of culverts, road dips, ditches, or anywhere 

material could reach a stream channel. 

During construction and 

maintenance 

(Federal and private lands)
Trinity Mitigation Action Plan 

 33

Table 2-11 (Cont.) 

Mitigation 

Commitment Action 

Time of 

Implementation 

(Applicable Lands) 

11. Material cleaned out from culvert intakes will be disposed of 

in areas that will prevent their entry into a channel or ditch 

or their reentry into the culvert intake. 

During construction and 

maintenance (Federal and 

private lands) 

Avoid sediment 

and debris input 

to streams and 

wetlands. (Cont.) 12. New sources of chemical and pathogenic pollutants will be 

placed where they cannot reach surface water or 

groundwater (USFS 2000). 

• Sanitary sites and drill pads will be placed outside the 

water influence zone. 

• Vehicle service and fuel areas, chemical storage and use 

areas, and waste dumps and areas will be located on 

gentle upland sites. Mixing, loading, and cleaning will be 

conducted on upland sites with gentle slopes. Chemicals 

and containers will be disposed of in State-certified 

disposal areas. 

During construction 

(Federal and private lands)

Avoid chemical 

contamination of 

streams, wetlands, 

and groundwater. 

13. Chemicals will be applied by using methods that minimize 

the risk of them entering surface water and groundwater 

(BLM 2005). 

• When pesticides and herbicides will be used, the goal 

will be to minimize unintended impacts on soil and 

surface water bodies. Common practices will include but 

not be limited to (1) minimizing the use of pesticides and 

herbicides in areas with sandy soils near sensitive areas; 

(2) minimizing their use in areas with high soil mobility; 

(3) maintaining the buffer between herbicide and 

pesticide treatment areas and water bodies; 

(4) considering the climate, soil type, slope, and 

vegetation type in determining the risk of herbicide and 

pesticide contamination; and (5) evaluating soil 

characteristics prior to pesticide and herbicide 

application, to assess the likelihood of their transport in 

soil. 

During construction and 

maintenance 

(Federal and private lands)

• Pesticides with half-lives of 3 months or less will be 

favored. They will be applied at the lowest effective 

rates, as large droplets or pellets. Label instructions will 

be followed. Selective treatment will be favored. Only 

aquatic-labeled chemicals will be used in the water 

influence zone. 

• Nontoxic, nonhazardous drilling fluids will be used when 

feasible. 

 14. Runoff controls will be applied to disconnect new pollutant 

sources from surface water and groundwater (USFS 2000). 

• Contour berms and trenches will be installed around 

vehicle service and refueling areas, chemical storage and 

use areas, and waste dumps to fully contain spills. Liners 

will be used as needed to prevent seepage into 

groundwater. 

During construction 

(Federal and private lands)
Trinity Mitigation Action Plan 

34 

activities (e.g., boating, rafting, kayaking, and swimming), on- and off-road vehicle use, nature 

viewing, and horseback riding. 

Although there are no developed recreational activities or facilities along the project ROW, 

dispersed recreation might occur on a sporadic basis through unspecified recreational areas along 

the ROW, such as the nature trails and roadways. These areas could be temporarily affected 

during expansion of the existing ROW and construction of the new ROW. Ground construction 

of Segment 1 will not affect water-based activities along the Trinity River and Lewiston Lake, 

because of the setback of the existing ROW from these activities. All helicopter flights for the 

project will be coordinated with the USFS in advance, to minimize disturbance to recreation 

users. Increased OHV use resulting from the project is anticipated to be less than significant. If 

requested by the land management agency, spur roads will be blocked to deter unauthorized use. 

The project will not result in the loss of any dedicated recreational activities or facilities. 

Table 2-12 lists the wilderness and recreation mitigation actions. 

Table 2-12 Applicable Wilderness and Recreation Mitigation Actions 

Mitigation 

Commitment Action 

Time of 

Implementation 

(Applicable Lands) 

Limit access as 

appropriate. 

1. Some recreational uses could require temporary closure or 

limited access. Proper signage will be posted in these 

areas for the duration of the closure. 

During construction 

(USFS, BLM, and 

Reclamation) 
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 35

3.0 REFERENCES 

Bureau of Land Management (BLM), 2005. Vegetation Treatments Using Herbicides on Bureau 

of Land Management Lands in 17 Western States, Draft Programmatic Environmental Impact 

Statement, DES 05-56, U.S. Department of the Interior, Reno, Nevada, Accessed June 7, 2007. 

Available at http://www.blm.gov/nhp/spotlight/VegEIS/. 

California Department of Conservation (CDC), 2000. A General Location Guide for Ultramafic 

Rocks in California  Areas More Likely to Contain Naturally Occurring Asbestos, Open-File 

Report 2000-19, Division of Mines and Geology, Accessed July 10, 2006. Available at 

http://www.consrv.ca.gov/cgs/minerals/hazardous_minerals/asbestos/index.htm. 

California Stormwater Quality Association (CASQA), 2003. Construction Handbook, Accessed 

June 7, 2007. Available at http://www.cabmphandbooks.com/Construction.asp. 

McInnis, R.R., 2007. Letter from R.R. McInnis (U.S. Department of Commerce, National 

Oceanic and Atmospheric Administration, National Marine Fisheries Service, Long Beach, 

California) to S. Tuggle (U.S. Department of Energy, Western Area Power Administration, 

Sierra Nevada Customer Service Region, Folsom, California). Subject: Response to Section 7 

Consultation on the Southern Oregon/Northern California Coast Coho Salmon. July 11. 

Smith, J.G., 2007. Letter from J.G. Smith (U.S. Department of the Interior, Fish and Wildlife 

Service, Red Bluff Fish & Wildlife Office, Red Bluff, California) to J.S. Heywood, U.S. Forest 

Service, Shasta-Trinity National Forest Headquarters, Redding, California). Subject: Formal 

Endangered Species Consultation on the Trinity Public Utility District Direct Interconnect 

Project, Shasta-Trinity National Forest, National Recreation Area, Bureau of Land Management, 

Redding District and Private Lands with Attached Biological Opinion. November 5. 

Trinity County Department of Transportation (TCDOT), 2003. Trinity County Hyampom Road 

Improvements Project, Final Environmental Impact Report, File Number PW-02-03, State 

Clearing House No. 2002022062, May. 

U.S. Fish and Wildlife Service (USFWS), 2007. National Bald Eagle Management Guidelines,

U.S. Department of the Interior, Washington, D.C., Accessed July 6, 2007. Available at 

http://www.fws.gov/migratorybirds/issues/BaldEagle/NationalBaldEagleManagement 

Guidelines.pdf. 

U.S. Forest Service (USFS), 1995. Shasta-Trinity National Forest Land and Resource 

Management Plan, U.S. Department of Agriculture, April 28. 

USFS, 2000. Watershed Conservation Practices Handbook, Forest Service Handbook 2509.25-

99-1, U.S. Department of Agriculture, Accessed March 13, 2007. Available at http://www.fs.fed. 

us/r2/psicc/publications/environmental_impact_statements/eis_uspwp/WCPAppendixA.htm. 

USFS, 2006. Soil and Water Conservation Handbook — Policies, Practices, Conditions, and 

Terms, U.S. Department of Agriculture, The Hawthorne Press, Inc., New York, November. 
Trinity Mitigation Action Plan 

36 

USFS, 2007a. Biological Assessment Trinity Public Utility District Interconnection Project, 

Western Area Power Administration – Sierra Nevada Region, U.S. Forest Service, Shasta-Trinity 

National Forest Headquarters, Redding, California. August 2. 

USFS, 2007b. Amendment to the Biological Assessment Trinity Public Utility District 

Interconnection Project, U.S. Forest Service, Shasta-Trinity National Forest Headquarters, 

Redding, California. August 14. 

Western Area Power Administration (Western), 2003. Construction Standards, Standard 13, 

Environmental Quality Protection, Lakewood, Colorado. 

Western, 2007a. Integrated Vegetation Management Environmental Guidance Manual, January. 

Western, 2007b. Biological Assessment of the Potential Effects on the Southern 

Oregon/Northern California Coast Coho Salmon Evolutionarily Significant Unit from the Trinity 

Public Utility District Direct Interconnection Project, Western Area Power Administration – 

Sierra Nevada Region, Folsom, California, June 26. 

Western, 2007c. Final Environmental Impact Statement Trinity Public Utilities District Direct 

Interconnection Project, DOE/EIS-0389, Western Area Power Administration – Sierra Nevada 

Region, Lakewood, Colorado, November. 

Western, 2008. Project Specifications Trinity PUD Interconnection Clearing Transmission Line 

Right-of-Way & Access Roads, California, Spec. No. 08WN77480-649, Western Area Power 

Administration − Desert Southwest Region, Phoenix, Arizona, January.
Trinity Mitigation Action Plan 

 37

APPENDIX A: 

THE 28 GENERAL COMPLIANCE CONDITIONS 

FOR WORK WITHIN WATERS OF THE UNITED STATES 

UNDER CLEAN WATER ACT NATIONWIDE PERMIT 12 

(UTILITY LINE ACTIVITIES) 

1. Navigation. 

(a) No activity may cause more than a minimal adverse effect on navigation. 

(b) Any safety lights and signals prescribed by the U.S. Coast Guard, through regulations or 

otherwise, must be installed and maintained at the permittee's expense on authorized facilities in 

navigable waters of the United States. 

(c) The permittee understands and agrees that, if future operations by the United States require 

the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in 

the opinion of the Secretary of the Army or his authorized representative, said structure or work 

shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee 

will be required, upon due notice from the Corps of Engineers, to remove, relocate, or alter the 

structural work or obstructions caused thereby, without expense to the United States. No claim 

shall be made against the United States on account of any such removal or alteration. 

2. Aquatic Life Movements. No activity may substantially disrupt the necessary life cycle 

movements of those species of aquatic life indigenous to the waterbody, including those species 

that normally migrate through the area, unless the activity's primary purpose is to impound 

water. Culverts placed in streams must be installed to maintain low flow conditions. 

3. Spawning Areas. Activities in spawning areas during spawning seasons must be avoided to the 

maximum extent practicable. Activities that result in the physical destruction (e.g., through 

excavation, fill, or downstream smothering by substantial turbidity) of an important spawning 

area are not authorized. 

4. Migratory Bird Breeding Areas. Activities in waters of the United States that serve as breeding 

areas for migratory birds must be avoided to the maximum extent practicable. 

5. Shellfish Beds. No activity may occur in areas of concentrated shellfish populations, unless 

the activity is directly related to a shellfish harvesting activity authorized by NWPs 4 (Fish and 

Wildlife Harvesting, Enhancement, and Attraction Devices and Activities) and 48 (Existing 

Commercial Shellfish Aquaculture Activities). 

6. Suitable Material. No activity may use unsuitable material (e.g., trash, debris, car bodies, 

asphalt, etc.). Material used for construction or discharged must be free from toxic pollutants in 

toxic amounts (see Section 307 of the CWA that defines a list of priority pollutants for which the 
Trinity Mitigation Action Plan 

38 

U.S. Environmental Protection Agency [EPA] must establish ambient water-quality criteria and 

effluent limitations). 

7. Water Supply Intakes. No activity may occur in the proximity of a public water supply intake, 

except where the activity is for the repair or improvement of public water supply intake 

structures or adjacent bank stabilization. 

8. Adverse Effects from Impoundments. If the activity creates an impoundment of water, adverse 

effects to the aquatic system due to accelerating the passage of water, and/or restricting its flow 

must be minimized to the maximum extent practicable. 

9. Management of Water Flows. To the maximum extent practicable, the pre-construction 

course, condition, capacity, and location of open waters must be maintained for each activity, 

including stream channelization and storm water management activities, except as provided 

below. The activity must be constructed to withstand expected high flows. The activity must not 

restrict or impede the passage of normal or high flows, unless the primary purpose of the activity 

is to impound water or manage high flows. The activity may alter the pre-construction course, 

condition, capacity, and location of open waters if it benefits the aquatic environment 

(e.g., stream restoration or relocation activities). 

10. Fills Within 100-Year Floodplains. The activity must comply with applicable Federal 

Emergency Management Agency (FEMA)-approved state or local floodplain management 

requirements. 

11. Equipment. Heavy equipment working in wetlands or mudflats must be placed on mats, or 

other measures must be taken to minimize soil disturbance. 

12. Soil Erosion and Sediment Controls. Appropriate soil erosion and sediment controls must be 

used and maintained in effective operating condition during construction, and all exposed soil 

and other fills, as well as any work below the ordinary high water mark or high tide line, must be 

permanently stabilized at the earliest practicable date. Permittees are encouraged to perform 

work within waters of the United States during periods of low-flow or no-flow. 

13. Removal of Temporary Fills. Temporary fills must be removed in their entirety and the 

affected areas returned to pre-construction elevations. The affected areas must be revegetated, as 

appropriate. 

14. Proper Maintenance. Any authorized structure or fill shall be properly maintained, including 

maintenance to ensure public safety. 

15. Wild and Scenic Rivers. No activity may occur in a component of the National Wild and 

Scenic River System, or in a river officially designated by Congress as a “study river” for 

possible inclusion in the system while the river is in an official study status, unless the 

appropriate Federal agency with direct management responsibility for such river, has determined 

in writing that the proposed activity will not adversely affect the Wild and Scenic River 

designation or study status. Information on Wild and Scenic Rivers may be obtained from the 
Trinity Mitigation Action Plan 

 39

appropriate Federal land management agency in the area (e.g., National Park Service [NPS], 

USFS, BLM, and USFWS). 

16. Tribal Rights. No activity or its operation may impair reserved tribal rights, including, but 

not limited to, reserved water rights and treaty fishing and hunting rights. 

17. Endangered Species. 

(a) No activity is authorized under any NWP which is likely to jeopardize the continued 

existence of a threatened or endangered species or a species proposed for such designation, as 

identified under the ESA, or which will destroy or adversely modify the critical habitat of such 

species. No activity is authorized under any NWP which “may affect” a listed species or critical 

habitat, unless Section 7 consultation addressing the effects of the proposed activity has been 

completed. 

(b) Federal agencies should follow their own procedures for complying with the requirements of 

the ESA. Federal permittees must provide the district engineer with the appropriate 

documentation to demonstrate compliance with those requirements. 

(c) Non-federal permittees shall notify the district engineer if any listed species or designated 

critical habitat might be affected or is in the vicinity of the project, or if the project is located in 

designated critical habitat, and shall not begin work on the activity until notified by the district 

engineer that the requirements of the ESA have been satisfied and that the activity is authorized. 

For activities that might affect Federally-listed endangered or threatened species or designated 

critical habitat, the pre-construction notification must include the name(s) of the endangered or 

threatened species that may be affected by the proposed work or that utilize the designated 

critical habitat that may be affected by the proposed work. The district engineer will determine 

whether the proposed activity “may affect” or will have “no effect” to listed species and 

designated critical habitat and will notify the non-Federal applicant of the Corps’ determination 

within 45 days of receipt of a complete pre-construction notification. In cases where the nonFederal applicant has identified listed species or critical habitat that might be affected or is in the 

vicinity of the project, and has so notified the Corps, the applicant shall not begin work until the 

Corps has provided notification the proposed activities will have “no effect” on listed species or 

critical habitat, or until Section 7 consultation has been completed. 

(d) As a result of formal or informal consultation with the FWS or NMFS the district engineer 

may add species-specific regional endangered species conditions to the NWPs. 

(e) Authorization of an activity by a NWP does not authorize the “take” of a threatened or 

endangered species as defined under the ESA. In the absence of separate authorization (e.g., an 

ESA Section 10 Permit, a Biological Opinion with “incidental take” provisions, etc.) from the 

U.S. FWS or the NMFS, both lethal and non-lethal “takes” of protected species are in violation 

of the ESA. Information on the location of threatened and endangered species and their critical 

habitat can be obtained directly from the offices of the USFWS and NMFS or their World Wide 

Web pages at http://www.fws.gov/ and http://www.noaa.gov/fisheries.html respectively. 
Trinity Mitigation Action Plan 

40 

18. Historic Properties. 

(a) In cases where the district engineer determines that the activity may affect properties listed, 

or eligible for listing, in the National Register of Historic Places, the activity is not authorized, 

until the requirements of Section 106 of the NHPA have been satisfied. 

(b) Federal permittees should follow their own procedures for complying with the requirements 

of Section 106 of the NHPA. Federal permittees must provide the district engineer with the 

appropriate documentation to demonstrate compliance with those requirements. 

(c) Non-federal permittees must submit a pre-construction notification to the district engineer if 

the authorized activity may have the potential to cause effects to any historic properties listed, 

determined to be eligible for listing on, or potentially eligible for listing on the National Register 

of Historic Places, including previously unidentified properties. For such activities, the preconstruction notification must state which historic properties may be affected by the proposed 

work or include a vicinity map indicating the location of the historic properties or the potential 

for the presence of historic properties. Assistance regarding information on the location of or 

potential for the presence of historic resources can be sought from the State Historic Preservation 

Officer or Tribal Historic Preservation Officer, as appropriate, and the National Register of 

Historic Places (see 33 CFR 330.4(g)). The district engineer shall make a reasonable and good 

faith effort to carry out appropriate identification efforts, which may include background 

research, consultation, oral history interviews, sample field investigation, and field survey. Based 

on the information submitted and these efforts, the district engineer shall determine whether the 

proposed activity has the potential to cause an effect on the historic properties. Where the nonFederal applicant has identified historic properties which the activity may have the potential to 

cause effects and so notified the Corps, the non-Federal applicant shall not begin the activity 

until notified by the district engineer either that the activity has no potential to cause effects or 

that consultation under Section 106 of the NHPA has been completed. 

(d) The district engineer will notify the prospective permittee within 45 days of receipt of a 

complete pre-construction notification whether NHPA Section 106 consultation is required. 

Section 106 consultation is not required when the Corps determines that the activity does not 

have the potential to cause effects on historic properties (see 36 CFR 800.3(a)). If NHPA 

Section 106 consultation is required and will occur, the district engineer will notify the nonFederal applicant that he or she cannot begin work until Section 106 consultation is completed. 

(e) Prospective permittees should be aware that Section 110k of the NHPA (16 U.S.C. 470h2(k)) prevents the Corps from granting a permit or other assistance to an applicant who, with 

intent to avoid the requirements of Section 106 of the NHPA, has intentionally significantly 

adversely affected a historic property to which the permit will relate, or having legal power to 

prevent it, allowed such significant adverse effect to occur, unless the Corps, after consultation 

with the Advisory Council on Historic Preservation (ACHP), determines that circumstances 

justify granting such assistance despite the adverse effect created or permitted by the applicant. If 

circumstances justify granting the assistance, the Corps is required to notify the ACHP and 

provide documentation specifying the circumstances, explaining the degree of damage to the 

integrity of any historic properties affected, and proposed mitigation. This documentation must 
Trinity Mitigation Action Plan 

 41

include any views obtained from the applicant, SHPO/Tribal Historic Preservation Officer 

(THPO), appropriate Indian tribes if the undertaking occurs on or affects historic properties on 

tribal lands or affects properties of interest to those tribes, and other parties known to have a 

legitimate interest in the impacts to the permitted activity on historic properties. 

19. Designated Critical Resource Waters. Critical resource waters include: NOAA-designated 

marine sanctuaries, National Estuarine Research Reserves, state natural heritage sites, and 

outstanding national resource waters or other waters officially designated by a state as having 

particular environmental or ecological significance and identified by the district engineer after 

notice and opportunity for public comment. The district engineer may also designate additional 

critical resource waters after notice and opportunity for comment. 

(a) Discharges of dredged or fill material into waters of the United States are not authorized by 

NWPs 7, 12, 14, 16, 17, 21, 29, 31, 35, 39, 40, 42, 43, 44, 49, and 50 for any activity within, or 

directly affecting, critical resource waters, including wetlands adjacent to such waters. 

(b) For NWPs 3, 8, 10, 13, 15, 18, 19, 22, 23, 25, 27, 28, 30, 33, 34, 36, 37, and 38, notification 

is required in accordance with general condition 27, for any activity proposed in the designated 

critical resource waters including wetlands adjacent to those waters. The district engineer may 

authorize activities under these NWPs only after it is determined that the impacts to the critical 

resource waters will be no more than minimal. 

20. Mitigation. The district engineer will consider the following factors when determining 

appropriate and practicable mitigation necessary to ensure that adverse effects on the aquatic 

environment are minimal: 

(a) The activity must be designed and constructed to avoid and minimize adverse effects, both 

temporary and permanent, to waters of the United States to the maximum extent practicable at 

the project site (i.e., on site). 

(b) Mitigation in all its forms (avoiding, minimizing, rectifying, reducing, or compensating) will 

be required to the extent necessary to ensure that the adverse effects to the aquatic environment 

are minimal. 

(c) Compensatory mitigation at a minimum one-for-one ratio will be required for all wetland 

losses that exceed 1/10 acre and require pre-construction notification, unless the district engineer 

determines in writing that some other form of mitigation will be more environmentally 

appropriate and provides a project-specific waiver of this requirement. For wetland losses of 

1/10 acre or less that require pre-construction notification, the district engineer may determine on 

a case-by-case basis that compensatory mitigation is required to ensure that the activity results in 

minimal adverse effects on the aquatic environment. Since the likelihood of success is greater 

and the impacts to potentially valuable uplands are reduced, wetland restoration should be the 

first compensatory mitigation option considered. 
Trinity Mitigation Action Plan 

42 

(d) For losses of streams or other open waters that require pre-construction notification, the 

district engineer may require compensatory mitigation, such as stream restoration, to ensure that 

the activity results in minimal adverse effects on the aquatic environment. 

(e) Compensatory mitigation will not be used to increase the acreage losses allowed by the 

acreage limits of the NWPs. For example, if an NWP has an acreage limit of 1/2 acre, it cannot 

be used to authorize any project resulting in the loss of greater than 1/2 acre of waters of the 

United States, even if compensatory mitigation is provided that replaces or restores some of the 

lost waters. However, compensatory mitigation can and should be used, as necessary, to ensure 

that a project already meeting the established acreage limits also satisfies the minimal impact 

requirement associated with the NWPs. 

(f) Compensatory mitigation plans for projects in or near streams or other open waters will 

normally include a requirement for the establishment, maintenance, and legal protection (e.g., 

conservation easements) of riparian areas next to open waters. In some cases, riparian areas may 

be the only compensatory mitigation required. Riparian areas should consist of native species. 

The width of the required riparian area will address documented water quality or aquatic habitat 

loss concerns. Normally, the riparian area will be 25 to 50 feet wide on each side of the stream, 

but the district engineer may require slightly wider riparian areas to address documented water 

quality or habitat loss concerns. Where both wetlands and open waters exist on the project site, 

the district engineer will determine the appropriate compensatory mitigation (e.g., riparian areas 

and/or wetlands compensation) based on what is best for the aquatic environment on a watershed 

basis. In cases where riparian areas are determined to be the most appropriate form of 

compensatory mitigation, the district engineer may waive or reduce the requirement to provide 

wetland compensatory mitigation for wetland losses. 

(g) Permittees may propose the use of mitigation banks, in-lieu [of] fee arrangements or separate 

activity-specific compensatory mitigation. In all cases, the mitigation provisions will specify the 

party responsible for accomplishing and/or complying with the mitigation plan. 

(h) Where certain functions and services of waters of the United States are permanently 

adversely affected, such as the conversion of a forested or scrub-shrub wetland to an herbaceous 

wetland in a permanently maintained utility line right-of-way, mitigation may be required to 

reduce the adverse effects of the project to the minimal level. 

21. Water Quality. Where States and authorized Tribes, or EPA where applicable, have not 

previously certified compliance of an NWP with CWA Section 401, individual 401 Water 

Quality Certification must be obtained or waived (see 33 CFR 330.4(c)). The district engineer or 

State or Tribe may require additional water quality management measures to ensure that the 

authorized activity does not result in more than minimal degradation of water quality. 

22. Coastal Zone Management. In coastal states where an NWP has not previously received a 

state coastal zone management consistency concurrence, an individual state coastal zone 

management consistency concurrence must be obtained, or a presumption of concurrence must 

occur (see 33 CFR 330.4(d)). The district engineer or a State may require additional measures to 
Trinity Mitigation Action Plan 

 43

ensure that the authorized activity is consistent with state coastal zone management 

requirements. 

23. Regional and Case-By-Case Conditions. The activity must comply with any regional 

conditions that may have been added by the Division Engineer (see 33 CFR 330.4(e)) and with 

any case specific conditions added by the Corps or by the state, Indian Tribe, or U.S. EPA in its 

Section 401 Water Quality Certification, or by the state in its Coastal Zone Management Act 

consistency determination. 

24. Use of Multiple Nationwide Permits. The use of more than one NWP for a single and 

complete project is prohibited, except when the acreage loss of waters of the United States 

authorized by the NWPs does not exceed the acreage limit of the NWP with the highest specified 

acreage limit. For example, if a road crossing is constructed over tidal waters under NWP 14 

(Linear Transportation Crossings), with associated bank stabilization authorized by NWP 13 

(Bank Stabilization), the maximum acreage loss of waters of the United States for the total 

project cannot exceed 0.33-acre. 

25. Transfer of Nationwide Permit Verifications. If the permittee sells the property associated 

with a NWP verification, the permittee may transfer the nationwide permit verification to the 

new owner by submitting a letter to the appropriate Corps district office to validate the transfer. 

A copy of the nationwide permit verification must be attached to the letter, and the letter must 

contain the following statement and signature: “When the structures or work authorized by this 

nationwide permit are still in existence at the time the property is transferred, the terms and 

conditions of this nationwide permit, including any special conditions, will continue to be 

binding on the new owner(s) of the property. To validate the transfer of this NWP and the 

associated liabilities associated with compliance with its terms and conditions, have the 

transferee sign and date below. 

(Transferee) 

(Date)” 

26. Compliance Certification. Each permittee who received an NWP verification from the Corps 

must submit a signed certification regarding the completed work and any required mitigation. 

The certification form must be forwarded by the Corps with the NWP verification letter and will 

include: 

(a) A statement that the authorized work was done in accordance with the NWP authorization, 

including any general or specific conditions; 

(b) A statement that any required mitigation was completed in accordance with the permit 

conditions; and 

(c) The signature of the permittee certifying the completion of the work and mitigation. 
Trinity Mitigation Action Plan 

44 

27. Pre-Construction Notification. 

(a) Timing. Where required by the terms of the NWP, the prospective permittee must notify the 

district engineer by submitting a pre-construction notification (PCN) as early as possible. The 

district engineer must determine if the PCN is complete within 30 calendar days of the date of 

receipt and, as a general rule, will request additional information necessary to make the PCN 

complete only once. However, if the prospective permittee does not provide all of the requested 

information, then the district engineer will notify the prospective permittee that the PCN is still 

incomplete and the PCN review process will not commence until all of the requested information 

has been received by the district engineer. The prospective permittee shall not begin the activity 

until either: 

(1) He or she is notified in writing by the district engineer that the activity may proceed under the 

NWP with any special conditions imposed by the district or division engineer; or 

(2) Forty-five calendar days have passed from the district engineer’s receipt of the complete PCN 

and the prospective permittee has not received written notice from the district or division 

engineer. However, if the permittee was required to notify the Corps pursuant to general 

condition 17 that listed species or critical habitat might [be] affected or in the vicinity of the 

project, or to notify the Corps pursuant to general condition 18 that the activity may have the 

potential to cause effects to historic properties, the permittee cannot begin the activity until 

receiving written notification from the Corps that is “no effect” on listed species or “no potential 

to cause effects” on historic properties, or that any consultation required under Section 7 of the 

ESA (see 33 CFR 330.4(f)) and/or Section 106 of the NHPA (see 33 CFR 330.4(g)) is 

completed. Also, work cannot begin under NWPs 21, 49, or 50 until the permittee has received 

written approval from the Corps. If the proposed activity requires a written waiver to exceed 

specified limits of an NWP, the permittee cannot begin the activity until the district engineer 

issues the waiver. If the district or division engineer notifies the permittee in writing that an 

individual permit is required within 45 calendar days of receipt of a complete PCN, the permittee 

cannot begin the activity until an individual permit has been obtained. Subsequently, the 

permittee’s right to proceed under the NWP may be modified, suspended, or revoked only in 

accordance with the procedure set forth in 33 CFR 330.5(d)(2). 

(b) Contents of Pre-Construction Notification: The PCN must be in writing and include the 

following information: 

(1) Name, address and telephone numbers of the prospective permittee; 

(2) Location of the proposed project; 

(3) A description of the proposed project; the project’s purpose; direct and indirect adverse 

environmental effects the project will cause; any other NWP(s), regional general permit(s), or 

individual permit(s) used or intended to be used to authorize any part of the proposed project or 

any related activity. The description should be sufficiently detailed to allow the district engineer 

to determine that the adverse effects of the project will be minimal and to determine the need for 

compensatory mitigation. Sketches should be provided when necessary to show that the activity 
Trinity Mitigation Action Plan 

 45

complies with the terms of the NWP. (Sketches usually clarify the project and when provided, 

result in a quicker decision.); 

(4) The PCN must include a delineation of special aquatic sites and other waters of the 

United States on the project site. Wetland delineations must be prepared in accordance with the 

current method required by the Corps. The permittee may ask the Corps to delineate the special 

aquatic sites and other waters of the United States, but there may be a delay if the Corps does the 

delineation, especially if the project site is large or contains many waters of the United States. 

Furthermore, the 45 day period will not start until the delineation has been submitted to or 

completed by the Corps, where appropriate; 

(5) If the proposed activity will result in the loss of greater than 1/10 acre of wetlands and a PCN 

is required, the prospective permittee must submit a statement describing how the mitigation 

requirement will be satisfied. As an alternative, the prospective permittee may submit a 

conceptual or detailed mitigation plan. 

(6) If any listed species or designated critical habitat might be affected or is in the vicinity of the 

project, or if the project is located in designated critical habitat, for non-Federal applicants the 

PCN must include the name(s) of those endangered or threatened species that might be affected 

by the proposed work or utilize the designated critical habitat that may be affected by the 

proposed work. Federal applicants must provide documentation demonstrating compliance with 

the ESA; and 

(7) For an activity that may affect a historic property listed on, determined to be eligible for 

listing on, or potentially eligible for listing on, the National Register of Historic Places, for nonFederal applicants the PCN must state which historic property may be affected by the proposed 

work or include a vicinity map indicating the location of the historic property. Federal applicants 

must provide documentation demonstrating compliance with Section 106 of the NHPA. 

(c) Form of Pre-Construction Notification: The standard individual permit application form 

(Form ENG 4345) may be used, but the completed application form must clearly indicate that it 

is a PCN and must include all of the information required in paragraphs (b)(1) through (7) of this 

general condition. A letter containing the required information may also be used. 

(d) Agency Coordination: 

(1) The district engineer will consider any comments from Federal and state agencies concerning 

the proposed activity’s compliance with the terms and conditions of the NWPs and the need for 

mitigation to reduce the project’s adverse environmental effects to a minimal level. 

(2) For all NWP 48 activities requiring pre-construction notification and for other NWP activities 

requiring pre-construction notification to the district engineer that result in the loss of greater 

than 1/2-acre of waters of the United States, the district engineer will immediately provide 

(e.g., via facsimile transmission, overnight mail, or other expeditious manner) a copy of the PCN 

to the appropriate Federal or state offices (USFWS, state natural resource or water quality 

agency, EPA, SHPO or THPO, and, if appropriate, the NMFS). With the exception of NWP 37 
Trinity Mitigation Action Plan 

46 

(Emergency Watershed Protection and Rehabilitation), these agencies will then have 10 calendar 

days from the date the material is transmitted to telephone or fax the district engineer notice that 

they intend to provide substantive, site-specific comments. If so contacted by an agency, the 

district engineer will wait an additional 15 calendar days before making a decision on the preconstruction notification. The district engineer will fully consider agency comments received 

within the specified time frame, but will provide no response to the resource agency, except as 

provided below. The district engineer will indicate in the administrative record associated with 

each pre-construction notification that the resource agencies’ concerns were considered. For 

NWP 37, the emergency watershed protection and rehabilitation activity may proceed 

immediately in cases where there is an unacceptable hazard to life or a significant loss of 

property or economic hardship will occur. The district engineer will consider any comments 

received to decide whether the NWP 37 authorization should be modified, suspended, or revoked 

in accordance with the procedures at 33 CFR 330.5. 

(3) In cases of where the prospective permittee is not a Federal agency, the district engineer will 

provide a response to NMFS within 30 calendar days of receipt of any Essential Fish Habitat 

conservation recommendations, as required by Section 305(b)(4)(B) of the Magnuson-Stevens 

Fishery Conservation and Management Act. 

(4) Applicants are encouraged to provide the Corps multiple copies of pre-construction 

notifications to expedite agency coordination. 

(5) For NWP 48 activities that require reporting, the district engineer will provide a copy of each 

report within 10 calendar days of receipt to the appropriate regional office of the NMFS. 

(e) District Engineer’s Decision: In reviewing the PCN for the proposed activity, the district 

engineer will determine whether the activity authorized by the NWP will result in more than 

minimal individual or cumulative adverse environmental effects or may be contrary to the public 

interest. If the proposed activity requires a PCN and will result in a loss of greater than 1/10 acre 

of wetlands, the prospective permittee should submit a mitigation proposal with the PCN. 

Applicants may also propose compensatory mitigation for projects with smaller impacts. The 

district engineer will consider any proposed compensatory mitigation the applicant has included 

in the proposal in determining whether the net adverse environmental effects to the aquatic 

environment of the proposed work are minimal. The compensatory mitigation proposal may be 

either conceptual or detailed. If the district engineer determines that the activity complies with 

the terms and conditions of the NWP and that the adverse effects on the aquatic environment are 

minimal, after considering mitigation, the district engineer will notify the permittee and include 

any conditions the district engineer deems necessary. The district engineer must approve any 

compensatory mitigation proposal before the permittee commences work. If the prospective 

permittee elects to submit a compensatory mitigation plan with the PCN, the district engineer 

will expeditiously review the proposed compensatory mitigation plan. The district engineer must 

review the plan within 45 calendar days of receiving a complete PCN and determine whether the 

proposed mitigation will ensure no more than minimal adverse effects on the aquatic 

environment. If the net adverse effects of the project on the aquatic environment (after 

consideration of the compensatory mitigation proposal) are determined by the district engineer to 
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be minimal, the district engineer will provide a timely written response to the applicant. The 

response will state that the project can proceed under the terms and conditions of the NWP. 

If the district engineer determines that the adverse effects of the proposed work are more than 

minimal, then the district engineer will notify the applicant either: (1) That the project does not 

qualify for authorization under the NWP and instruct the applicant on the procedures to seek 

authorization under an individual permit; (2) that the project is authorized under the NWP 

subject to the applicant’s submission of a mitigation plan that will reduce the adverse effects on 

the aquatic environment to the minimal level; or (3) that the project is authorized under the NWP 

with specific modifications or conditions. Where the district engineer determines that mitigation 

is required to ensure no more than minimal adverse effects occur to the aquatic environment, the 

activity will be authorized within the 45-day PCN period. The authorization will include the 

necessary conceptual or specific mitigation or a requirement that the applicant submit a 

mitigation plan that will reduce the adverse effects on the aquatic environment to the minimal 

level. When mitigation is required, no work in waters of the United States may occur until the 

district engineer has approved a specific mitigation plan. 

28. Single and Complete Project. The activity must be a single and complete project. The same 

NWP cannot be used more than once for the same single and complete project. 
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