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DOC EFP Staff Comments and Recommendations PUC Docket E002/TL-11-223 Page 8 Proposed Route, the Baker Park Reserve Route Alternative would create more direct impacts to a regional park by adding up to three additional double-circuit structures to the park and convert land currently used for recreational purposes to a utility easement. Because that federal funds created by the Land and Water Conservation Fund were used for the acquisition of the Baker Park Reserve, the National Park Service would need to approve conversion to other than public outdoor recreation uses. The National Park Service would only consider approval if all alternatives to the conversion have been evaluated and rejected. Although the National Park Service has not been approached in this matter, the case for shifting the line from Home Owner's Association property to public lands would not on the surface appear to meet National Park Service criteria. If approval is granted, Xcel Energy would need to acquire and provide replacement land of at least equal value and use. For the above reasons, EFP staff does not believe the record supports selection of the Baker Park Reserve Route Alternative. Although not a deciding factor, Xcel Energy has reached an agreement with the BNSF railroad to overlap a portion of the Xcel Energy Route Alternative with railroad right-of-way, minimizing the width of the right-of-way required from Huntington Farm Home Owners Association property. Swan Flight Diverters. In scoping comments the DNR requested that the Applicant install bird flight diverters to minimize potential collisions with birds. Xcel Energy proposes to install swan flight diverters along the entire length of the line. EFP Staff Analysis: After consultation with the DNR, Xcel Energy will install Swan Flight Diverters, pre-formed spiral shaped devices made of polyvinyl chloride that are wrapped around the shield wire, every 25 feet along the entire length of the project. EFP Staff proposes a special condition, Permit at 5.2, requiring installation of Swan Flight Diverters at locations shown in maps attached to the route permit. Painter Creek Crossing: Xcel Energy has a license (DNR - License No. 378-I, July 2, 1954) to cross Public Lands and Waters for the existing Painter Creek crossing of Line 0831. Because the crossing location of the existing Line 0831 will be replaced with a new location for the Project, Xcel Energy will consult with DNR to determine whether a new crossing license will be required. If a new license is required Xcel Energy will obtain that license from the DNR. If no new license is required, Xcel Energy will comply with existing permit conditions during construction of the Project. DNR comments indicate a desire to coordinate with the transmission permitting process. EFP Staff Analysis: The conditions of the DNR license, either new, amended, or the existing license, will specify the details of the crossing, such as angle of crossing, approach to stream banks and height of poles, as design for the line develops. After reviewing typical HVTL permit language EFP staff recommends modifications to standard permit language addressing vegetation removal and wetland and water resources to clarify that, although the details of each water crossings are appropriately addressed in the crossing license, the HVTL permit does require that water crossings will be accomplished in a manner that minimizes environmental impact to the extent that sound