Lakeport >> After much debate concerning treatment of artifacts between representatives of the Middletown Rancheria Pomo and Geysers Power Company, LLC (GPC) the Planning Commission on Thursday approved language contained in a pipeline project.
GPC came before the commission to seek approval for a $2 to $3 million project for the construction of a new steam pipeline linking the West Ford Flat steam field with the Calistoga steam field. The pipeline would allow GPC to access the West Ford Flat steam fields from the Calistoga plant and vice versa, reducing the amount of emissions generated if either plant is put on standby, be it for maintenance or otherwise. The course of the 30-inch in diameter pipeline would follow a dirt road that’s already in place at the site, veering off at the westernmost end to cover approximately 540 feet. This turn and the associated grading that would be required, in addition to the approximate 100 10-foot-deep holes that would have to be dug along the road for the placement of the stanchions, caused the Middletown Rancheria to voice some concern with the archaeological impact of the project.
The main point of contention between GPC, the Rancheria and staff concerned the monitoring for archaeological artifacts during the construction process. Language included in the county’s documents, composed by staff, indicated that GPC would be required to sign an agreement with the Rancheria for the placement of site monitors to identify and preserve any cultural artifacts that might be unearthed. One component was that GPC must pay for those monitors, even though GPC had already employs their own archaeologist on-call should any artifacts surface. Katherine Philippakis, an attorney representing Calpine, objected to being forced into a paid contract with Middletown Rancheria, requesting that the language be removed, replacing it with language stating that, if any artifacts are discovered, work would immediately be halted until those artifacts could be assessed by their own archaeologist.
Pamela Reyes Gutierrez, representing the Rancheria, asserted that the tribe already had several informal agreements in place for such monitoring with other government agencies, both state and federal, and that precedent, along with upcoming changes to CEQA, which will take effect beginning July 1, should facilitate the inclusion of such language in any documents approved by the planning commission. She claimed that tribal monitors are better equipped to identify and preserve any artifacts found because they are specifically aware of what “cultural sensitivity” any discovered items might bear. She also expressed consternation with Calpine, having only received a legal letter from them outlining their objections the day before the hearing.
Bruce Carlsen, director of environmental services at the Geysers, stated that they had no intention of “being bad neighbors” with the late arrival of that letter, and that it was sent so late because GPC were unaware of the stipulation in the staff-prepared documents for the tribal monitoring until just a week before.
In consultation with legal council, the planning commission was informed that legally they could not require GPC to come to an agreement with the tribes about the monitoring, however they could include language to encourage it.
Commissioners Bob Malley and Joseph Sullivan both expressed concern over the reluctance of GPC to pay for the presence of the tribal monitors, considering the overall financial scope of the project. They both stated they felt GPC should make a good faith effort to reach an agreement with the tribe, even though the commission cannot legally require one. At that point, a five-minute recess was called to allow staff and representatives from both parties to negotiate language that satisfied all parties.
Upon returning from the short break, the council voted 4-0 in favor of approving the associated permits and declarations, with the modified language included, with commissioner Don Deuchar absent from the hearing.
