Notice2022-15374
Rail Tie Wind Project Record of Decision
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 19, 2022
Issuing agencies
Energy DepartmentWestern Area Power Administration
Abstract
ConnectGen Albany County LLC (ConnectGen) filed two interconnection requests with the Western Area Power Administration (WAPA) to interconnect its proposed Rail Tie Wind Project (Project) to the Ault-Craig 345-kilovolt (kV) transmission line owed by WAPA, Tri- State Generation and Transmission Association, and Platte River Power Authority. The proposed site of the 504-megawatt (MW) Project is in southeastern Albany County, Wyoming, on approximately 26,000 acres of private and State land. WAPA considered ConnectGen's interconnection requests in accordance with its established Open Access Transmission Service Tariff (Tariff), Federal Energy Regulatory Commission (FERC) Orders, and the Federal Power Act (FPA). An environmental impact statement (EIS) analyzed the environmental impacts of ConnectGen's proposed Project and WAPA's Federal action. Significant impacts on visual resources, certain historic properties, and eagles from turbine operations were identified; impacts on all other resources were found to be less than significant. Based upon the analysis of potential environmental impacts, and applicable procedures and standards for interconnection to WAPA's transmission system under its Tariff, FERC Orders and FPA requirements, WAPA has determined to approve ConnectGen's interconnection requests.
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[Federal Register Volume 87, Number 137 (Tuesday, July 19, 2022)]
[Notices]
[Pages 43022-43028]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-15374]
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DEPARTMENT OF ENERGY
Western Area Power Administration
[DOE/EIS-0543]
Rail Tie Wind Project Record of Decision
AGENCY: Western Area Power Administration, DOE.
ACTION: Record of decision.
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SUMMARY: ConnectGen Albany County LLC (ConnectGen) filed two
interconnection requests with the Western Area Power Administration
(WAPA) to interconnect its proposed Rail Tie Wind Project (Project) to
the Ault-Craig 345-kilovolt (kV) transmission line owed by WAPA, Tri-
State Generation and Transmission Association, and Platte River Power
Authority. The proposed site of the 504-megawatt (MW) Project is in
southeastern Albany County, Wyoming, on approximately 26,000 acres of
private and State land. WAPA considered ConnectGen's interconnection
requests in accordance with its established Open Access Transmission
Service Tariff (Tariff), Federal Energy Regulatory Commission (FERC)
Orders, and the Federal Power Act (FPA). An environmental impact
statement (EIS) analyzed the environmental impacts of ConnectGen's
proposed Project and WAPA's Federal action. Significant impacts on
visual resources, certain historic properties, and eagles from turbine
operations were identified; impacts on all other resources were found
to be less than significant. Based upon the analysis of potential
environmental impacts, and applicable procedures and standards for
interconnection to WAPA's transmission system under its Tariff, FERC
Orders and FPA requirements, WAPA has determined to approve
ConnectGen's interconnection requests.
FOR FURTHER INFORMATION CONTACT: For further information contact Mark
Wieringa, NEPA Document Manager, Headquarters Office A9402, Western
Area Power Administration, P.O. Box 281213, Lakewood, CO 80228,
telephone (720) 962-7448, or email <a href="/cdn-cgi/l/email-protection#0c7b65697e65626b6d4c7b6d7c6d226b637a"><span class="__cf_email__" data-cfemail="cfb8a6aabda6a1a8ae8fb8aebfaee1a8a0b9">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: WAPA is a Federal agency within the
Department of Energy (DOE) that markets and transmits wholesale
electrical power through an integrated 17,000-circuit mile, high-
voltage transmission system across 15 western states. WAPA's Tariff
provides open access to its electric transmission system, in accordance
with relevant FERC Orders. The Tariff's Large Generator Interconnection
Procedures (LGIP) provide a framework for processing interconnection
requests. WAPA's LGIP provides for transmission and system studies to
ensure that reliability and service to existing customers are not
adversely affected by new interconnections. System impact studies (SIS)
take the proposed interconnection into account and model power flows to
determine if there would be any potential power system issues, which
are typically related to overloads. SIS also identify any system
upgrades necessary to resolve power system issues and accommodate the
interconnection request. System upgrades could include transmission
line reconductoring, additional structures to maintain ground
clearance, and substation equipment additions or replacements. WAPA's
SIS, completed in 2020, determined that no additional system upgrades
would be required to accommodate ConnectGen's proposed Project.
ConnectGen filed two interconnection requests with WAPA to
interconnect its proposed Project to the Ault-Craig 345-kV transmission
line owned by WAPA, Tri-State Generation and Transmission Association,
and Platte River Power Authority. WAPA initiated the LGIP process to
consider ConnectGen's interconnection requests in accordance with the
Tariff. Since system effects vary depending on the transmission line
that would host the interconnection and the geographical location of
the interconnection, an applicant must specify the point of
interconnection in their request. ConnectGen filed two interconnection
requests with WAPA, each 252 MW, to accommodate build-out of their
proposed Project in two stages if necessary. However, there would be
only one interconnection point on the Ault-Craig transmission line.
ConnectGen's interconnection requests trigger the need for WAPA to
consider taking a Federal action. Federal actions that have the
potential to affect the human environment are subject to environmental
review under the National Environmental Policy Act of 1969 (NEPA, 42
U.S.C. 4321 et seq.). WAPA determined that while its Federal action to
approve or deny ConnectGen's interconnection requests was a minor
action environmentally, ConnectGen's proposed Project, as a
[[Page 43023]]
connected action, had the potential for significant environmental
impacts. Therefore, WAPA determined that its Federal action combined
with ConnectGen's proposed Project constituted a major Federal action
requiring the preparation of an EIS. The completed EIS ensures WAPA's
Administrator is presented with the impacts of both the Federal action
and proposed Project when making an informed decision on the
interconnection requests.
WAPA's Proposed Federal Action
The proposed Federal action being considered by WAPA is whether to
approve or deny ConnectGen's interconnection requests. FERC mandates,
as reflected in WAPA's Tariff, and the FPA, as amended, generally
require that interconnection requests be accommodated so long as
capacity is available, operation of the power system would not be
negatively affected, the applicant funds any necessary system upgrades,
and existing power customers would not be impacted. WAPA can deny an
interconnection request if any of these conditions are not met. If
ConnectGen's interconnection request is approved, WAPA would construct,
own, operate, and maintain an interconnection switchyard in the Project
Area. The interconnection switchyard would be located adjacent to the
existing Ault-Craig 345-kV transmission line within a fenced area of up
to eight acres. It would consist of breakers, switches, buswork, other
typical substation equipment, and a small control building, and would
be funded and constructed by ConnectGen next to the westernmost Project
substation. WAPA would own, operate, and maintain the switchyard as
part of WAPA's transmission system.
Under the No Action Alternative, WAPA would not approve the
interconnection request, and the Project would not be allowed to
connect to WAPA's transmission system. While this would not preclude
the Project from being constructed and connected to a non-WAPA-managed
transmission system, for the purposes of analysis, the EIS assumed that
the Project would not be built. Rationale for this assumption includes:
the nearest non-WAPA regional transmission lines would require a much
longer generation-tie line (gen-tie line), affecting the economics of
the Project; and any non-WAPA transmission lines may not have
sufficient available transmission capacity to support ConnectGen's
Project.
ConnectGen's Proposed Project
ConnectGen proposes to develop a 504-MW wind energy generation
Project comprised of 84 to 149 wind turbine generators and associated
access roads, collection lines, a 4-mile 345-kV gen-tie line,
meteorological towers, 2 substations, and an operations and maintenance
building. ConnectGen's proposed site is in southeastern Albany County,
Wyoming, on approximately 26,000 acres of private and State land. No
federally managed lands are located within the Project Area. The
Project Area is just north of the Colorado-Wyoming state line,
approximately 15 miles south of Laramie, around Tie Siding on U.S.
Highway 287. The Ault-Craig 345-kV transmission line bisects the
Project Area from east to west. The westernmost of the proposed Project
substations would be located adjacent to the transmission line and
WAPA's switchyard. The approximately four-mile-long 345-kV gen-tie
transmission line would connect the two ConnectGen substations, each
consisting of about five acres.
ConnectGen proposes to construct the Project in two phases,
generally situated west and east of U.S. Highway 287. The wind turbines
would be arranged in collinear strings within the 1,000-foot-wide
corridors analyzed in the EIS. Project access roads and collector lines
would be located within these corridors to the extent practicable.
Final design will utilize the corridor width to site Project facilities
to avoid cultural resources sites, sensitive natural resources, and
areas of constructability constraints. The total number of wind
turbines will depend on the turbine model selected and final Project
design. ConnectGen's Project would also include about 60 miles of
improved and new access roads, and temporary crane paths. An
underground 34.5-kV collector line system would carry power from the
turbines to the two Project substations; overhead lines could be
required where bedrock prevents trenching.
Other Project components would include two 15-acre temporary
laydown yards, at least three self-supported 105-meter meteorological
towers, and an approximately 7,000-square-foot operations and
maintenance building within a security fenced area of about five acres.
Section 2.2 of the final EIS describes ConnectGen's proposed Project in
more detail.
ConnectGen's Project was approved by the Albany County Board of
County Commissioners on July 13, 2021, the Wyoming State Board of Land
Commissioners on January 21, 2021, and the Wyoming Industrial Siting
Council on November 2, 2021, with associated conditions. These
conditions were incorporated into the Project's committed Environmental
Protection Measures (table 2-6 in the final EIS). The design features,
best management practices, and avoidance and minimization measures in
table 2-6 are considered an integral part of the proposed Project to be
implemented by ConnectGen. These measures, as described in detail in
the Final EIS, reflect all practicable means to avoid or minimize
environmental harm from the Project. WAPA may also include these
mitigation measures as an appendix to the interconnection agreement.
Alternatives
Given that WAPA's Federal action is to either approve or deny
ConnectGen's interconnection requests, a yes or no decision, no
additional alternatives beyond the proposed Federal action and the No
Action Alternative were identified for analysis in the EIS. EIS
alternatives must be reasonable and feasible alternatives to the
proposed Federal action that meet the agency's purpose and need. WAPA
has no interest or role in ConnectGen's proposed wind energy Project,
nor will the agency have any sort of continuing involvement in the
construction or operation of the Project other than its switchyard. As
the proposed Project is a private sector development and does not
involve any oversight or participation by WAPA in its construction or
operation, ConnectGen's Project is not a Federal action. WAPA does not
have jurisdiction over ConnectGen's proposed Project and does not
possess the regulatory authority to approve or deny the siting, design,
construction, or operation of the Project. Therefore, the proposed
Project was analyzed as a connected action. Connected actions are
actions that are ``closely related'' to a Federal action and ``should
be discussed'' in the same NEPA document (40 CFR 1501.9(e)(1)). More
specifically, connected actions ``(i) Automatically trigger other
actions that may require environmental impact statements; (ii) Cannot
or will not proceed unless other actions are taken previously or
simultaneously; or (iii) Are interdependent parts of a larger action
and depend on the larger action for their justification.'' Id. Design
variations or options developed in conjunction with ConnectGen's
proposed Project are not alternatives to WAPA's defined Federal action
and, therefore, are not ``alternatives'' as defined by NEPA and
applicable
[[Page 43024]]
implementing regulations (40 CFR 1502.14 and 1502.17; 10 CFR part
1021).
WAPA's proposed Federal action is limited to consideration of the
interconnection requests submitted by ConnectGen within the established
LGIP. WAPA must also consider the interconnection facilities and
associated system upgrades that would be required, if any. ConnectGen's
requests for interconnection of their proposed Project is the impetus
for WAPA's need for Federal action. Consistent with 40 CFR
1501.9(e)(1), WAPA fully analyzed the potential environmental effects
of ConnectGen's Project in the EIS, as a connected action, to inform
WAPA's Federal action decision. In the event that WAPA denies the
interconnection request, the proposed Project would not be allowed to
interconnect to the WAPA transmission system. ConnectGen's decision to
construct their Project could proceed regardless of WAPA's involvement
if the Project could interconnect with other non-WAPA transmission
lines with sufficient available transmission capacity. This scenario
was not analyzed in the EIS, as there would be no Federal nexus in that
case and no WAPA Federal action to address under NEPA.
Significant Impacts
The EIS analysis identified three areas where potentially
significant environmental impacts could occur from developing and
operating ConnectGen's proposed Project. The first is significant
impacts on visual resources generally. The large wind turbines would
result in an obvious man-made change to the existing visual environment
that would be seen for a considerable distance, depending on the
viewer's location and intervening topography. The Federal Aviation
Administration (FAA)-required synchronized flashing red warning lights
on each turbine nacelle would serve as a constant visual intrusion at
night. ConnectGen will seek authorization from the FAA to install an
Aircraft Detection Lighting System (ADLS), which would allow the red
lighting to remain off until an approaching aircraft was detected. If
the FAA does approve an ADLS for the Project, nighttime visual impacts
would be greatly reduced.
The second is significant adverse visual impacts to the Ames
Monument National Historic Landmark (NHL) and to other National
Register of Historic Places (NRHP) listed or eligible cultural
resources where they were found associated with a significant event in
history (NRHP Criterion A) or significant in their engineering or
architecture (NRHP Criterion C) and where ``setting'' or ``feeling''
were aspects of integrity important to their NRHP eligibility. None of
these locations would be physically affected; the impact would be from
the visual intrusion on the sites' aspect, setting, or feeling. A
programmatic agreement (PA) has been prepared in accordance with
Section 106 of the National Historic Preservation Act (NHPA). Under the
PA, a historic properties treatment plan (HPTP) is being developed that
will satisfy the stipulations of the PA and identify specific
avoidance, minimization, and mitigation measures to resolve adverse
effects of ConnectGen's proposed Project. Under NHPA's provisions,
implementing the PA and mitigation measures as outlined in the HPTP
would resolve all adverse effects under the NHPA. However, within the
context of NEPA, visual impacts to these cultural resources could still
remain potentially significant.
The last significant impact identified by WAPA is the risk of eagle
fatalities posed by the operation of ConnectGen's Project. Eagles and
other raptors are known to suffer fatalities from collisions with
operating wind turbine blades. Because golden and bald eagles have been
documented in the Project Area, individuals of those species are
considered at risk of fatality from collision with operating turbines.
Preliminary information suggests that there could be multiple eagle
fatalities per year resulting from operation of the Project, with the
larger proportion expected to be golden eagles. ConnectGen has
committed to establishing a one-mile spatial buffer around known eagle
nests, to preparing an eagle conservation plan, and to applying for an
eagle incidental take permit from the U.S. Fish and Wildlife Service
(FWS) in compliance with the Bald and Golden Eagle Protection Act.
As part of the eagle incidental take permitting process, the FWS
will model expected take resulting from the Project and perform a
separate additional NEPA process. That NEPA process will determine the
significance of potential impacts on eagles and will consider measures
implemented through the eagle conservation plan and offset mitigation.
Additional avoidance, minimization, and mitigation measures may be
developed by the FWS during this process that ConnectGen would
implement to further reduce the risk of eagle take. Based on the best
available information at this time, WAPA considers the risk of Project-
related incidental take of eagles to be a significant impact for the
purposes of its NEPA process. It should be noted that WAPA has no role
in the eagle incidental take permit process outlined above--that effort
is between ConnectGen and the FWS alone. WAPA further notes that the
potential risk to eagles as presently understood may be reduced as a
result of implementing additional measures developed as part of the FWS
incidental take permitting process.
Agency Preferred Alternative
WAPA has before it a Federal action of approving or denying an
interconnection request. As discussed above, WAPA's Tariff and FERC
Orders on open access to transmission generally require WAPA to make
uncommitted capacity available to applicants so long as the operation
of the integrated power system is not adversely affected, service to
existing power customers is not degraded, and any necessary system
upgrades are fully funded by the requesting applicant. As detailed in
the EIS, WAPA considered the expected environmental impacts of
ConnectGen's connected action in addition to the Federal action of
approving or denying the interconnection requests. WAPA finds that
ConnectGen has adopted all practicable means to avoid or minimize
environmental harm from its proposed Project, which includes WAPA's
interconnection switchyard. These means include the design features,
best management practices, and avoidance and minimization measures
described in detail in the final EIS and incorporated into the
Project's committed Environmental Protection Measures (table 2-6 in the
final EIS). WAPA has determined that the Agency Preferred Alternative
is to approve ConnectGen's interconnection requests.
Environmentally Preferred Alternative
As required by 40 CFR 1505.2, WAPA identifies the No Action
Alternative as the Environmentally Preferred Alternative. Under the No
Action Alternative, WAPA would not enter into an interconnection
agreement for the proposed Project and there would be no
interconnection with the WAPA transmission system and no
interconnection switchyard. Although it is possible that ConnectGen
could still construct and operate their Project, to do so the Project
would need to identify and interconnect with another non-WAPA
transmission line that had sufficient available transmission capacity.
For purposes of the NEPA analysis, the No Action Alternative assumed
the proposed Project would not be constructed. WAPA has
[[Page 43025]]
identified the No Action Alternative as its Environmentally Preferred
Alternative as none of the identified Project-related impacts would
occur, including the potentially significant visual impacts and risk of
eagle mortality. The beneficial impacts of renewable energy generation
would also not occur.
Floodplain and Wetlands Statement of Findings
Federal Emergency Management Agency (FEMA) Flood Insurance Rate
Maps were reviewed to assess floodplains within the Project Area.
Approximately 15.8 acres of the overall 6,361.5 acres within the siting
corridors are in the 100-year floodplain, associated with Pump Creek,
Dale Creek, and their tributaries. No aboveground structures would be
located within that small amount of floodplain but buried collector
lines may cross designated floodplain areas. Many of the streams in the
Project Area are ephemeral and intermittent streams, driven by spring
snowmelt and to a lesser extent, rainfall. As measured in linear feet,
only about five percent of streams mapped in the siting corridors are
perennial streams, with the rest being intermittent or ephemeral
drainages. Wetland surveys mapped approximately 67.5 acres of wetlands
within the siting corridors, which are mostly associated with streams
and their tributaries.
Given the approximately 26,000-acre size of the Project Area and
the need for access roads and collector lines to each turbine location
and temporary crane walks connecting the linear siting corridors, it is
not possible to completely avoid the many drainages and swales on the
site. Despite ConnectGen's efforts to avoid or minimize surface water
crossings, a total of 17 crossings of perennial streams and 169
crossings of intermittent or ephemeral streams have been identified.
Except for a few collector line crossings of the 15.8 acres of
floodplain within the siting corridors mentioned above, none of these
crossings would be across FEMA-designated floodplains.
Of the 17 perennial stream crossings 5 would be by access roads, 7
by collector lines, and 5 by temporary crane paths. Two of the access
road crossings would follow existing roads that would be improved for
Project use and to reduce potential erosion. The collector line
crossings would consist of a narrow band of disturbance where the
collector line would be trenched in and backfilled, and most would be
co-located with access road crossings. Crane path crossings would be
temporary for construction use and would be reclaimed following
construction.
Of the identified 169 crossings of intermittent and ephemeral
drainages, 75 would be by access roads, 62 by collection lines, and 18
by crane paths. The gen-tie line between substations would span over
six drainages, and construction of one substation and seven turbines
would result in drainage disturbance. Approximately half (94 total) of
these 169 intermittent and ephemeral stream crossings are upland swales
without defined beds or banks.
In accordance with 10 CFR part 1022, the EIS included a description
of WAPA's Federal action, a description of ConnectGen's proposed
Project, and maps of the Project Area. The EIS process provided an
opportunity for public review and comment on floodplain and wetland
issues, evaluated potential effects to floodplains and wetlands, and
listed the environmental protection measures committed to by ConnectGen
to minimize impacts to floodplains and wetlands. The proposed Project
would not affect flood flows or impede water movement during flood
events. Three new access roads are proposed to cross perennial streams.
Wetland areas have been avoided to the extent practicable. Disturbance
to wetlands would occur on approximately 9.9 acres during the
construction of access roads, electrical collection lines, a portion of
one turbine construction pad, and crane path crossings. After the
Project is operational, access roads would remain on approximately 0.8
acres of wetlands. Table 2-6 in the final EIS lists 14 water quality
environmental protection measures and impact minimization measures
ConnectGen has committed to implementing. These measures, which conform
to applicable floodplain standards, will minimize harm to the 15.8
acres of 100-year floodplain within the identified corridors.
Section 7 and Section 106 Consultation
WAPA consulted with the FWS under Section 7 of the Endangered
Species Act. Only one listed species, Preble's meadow jumping mouse
(Zapus hudsonius preblei), was determined to potentially inhabit the
Project Area. Suitable habitat exists, although the presence of this
species has not been established and the suitable habitat may not be
occupied. Consultation with the FWS resulted in a ``may affect, but is
not likely to adversely affect'' determination for this species.
ConnectGen has committed to implement the species-specific conservation
measures identified by the FWS.
Interconnecting ConnectGen's proposed Project to WAPA's
transmission system constitutes a Federal undertaking pursuant to
regulations that implement Section 106 of the NHPA. Section 106
requires WAPA to consider the effects of projects on NRHP-listed or
eligible cultural resources, and on locations or resources of
traditional religious and cultural importance to Native American
tribes. A PA was developed in accordance with the Section 106 process
to identify NRHP listed or eligible cultural resources in the area of
potential effects, ensure consideration of effects on all NRHP listed
or eligible cultural resources, and direct the treatment of NRHP listed
or eligible cultural resources. Completion of the PA process and
requirements would resolve the adverse effects from the undertaking and
meet WAPA's NHPA Section 106 responsibilities. The PA also establishes
the framework for a HPTP that will identify specific avoidance,
mitigation, and minimization measures for each affected NRHP listed or
eligible cultural resource and resolve adverse effects to them. WAPA's
HPTP is currently under development, and the requirements of the HPTP
and PA must be completed prior to any Project ground-disturbing
activities that could affect listed or eligible cultural resources.
ConnectGen Albany County LLC has signed the PA as an invited signatory.
Parties involved in this process in addition to WAPA and ConnectGen
include the Wyoming and Colorado State Historic Preservation Officers;
the National Park Service; the Advisory Council on Historic
Preservation; the Northern Arapaho Tribe of the Wind River Reservation;
Northern Cheyenne Tribe of the Northern Cheyenne Indian Reservation;
Rosebud Sioux Tribe; Standing Rock Sioux Tribe; Ute Tribe of the Uintah
and Ouray Reservation; the Yankton Sioux Tribe; Wyoming Office of State
Lands and Investments; Albany County Historic Preservation Board; and
Wyoming State Parks, Historic Sites, and Trails, among others. The
Section 106 process is separate from the NEPA process, and although the
two processes are typically coordinated to the extent possible, there
is no requirement that all NHPA activities be completed before a ROD is
issued. All requirements of the PA must, however, be concluded before
any construction activities commence.
A historic properties visual impact analysis identified adverse
visual effects on the Ames Monument NHL and two segments of the
Overland Trail. In addition, the NEPA analysis identified strong, but
less than adverse, visual impacts to the historic Union Pacific
[[Page 43026]]
Railroad and moderate impacts to certain segments of the Cheyenne Pass
Road. Cultural resource field surveys did not identify any additional
cultural resources eligible under Criterion A or C where integrity of
``setting'' or ``feeling'' are integral to their eligibility. WAPA is
also continuing government-to-government consultations with Native
American tribes on traditional cultural properties they have identified
in the Project area, with the goal of avoiding all these locations. A
detailed discussion of the NHPA, Section 106 process, PA, and the HPTP
is found in Section 3.6 of the final EIS. The PA itself is posted on
WAPA's Project website.
Public Involvement
Public involvement for the EIS process began with the publication
of a notice to prepare an EIS published in the Federal Register on
December 30, 2019. At the same time, a description of ConnectGen's
proposed Project and an invitation to scheduled scoping meetings was
mailed to all residents within the Project Area and within three miles
of the Project Area boundaries. Scoping meeting information was also
advertised in local newspapers, posted on WAPA's Project website, and
distributed via news releases to media outlets. Two public scoping
meetings were hosted in Laramie, Wyoming, in January 2020, with
approximately 80 individuals attending each scoping meeting. The 32-day
scoping period ran from December 30, 2019, through January 31, 2020.
On April 2, 2021, the draft EIS was noticed in the Federal Register
by the Environmental Protection Agency (EPA), beginning the public
review and comment period. Interested parties on the Project mailing
list were contacted directly, and WAPA provided news releases to local
media announcing the release of the draft EIS and public hearings on
the proposed Project. The comment period was open for 45 days, ending
on May 17, 2021. Due to Covid-19 restrictions, WAPA held two virtual
public hearings during the comment period, one each on April 28, 2021,
and on April 29, 2021. Recordings and transcripts of the virtual public
hearings were captured, and meeting materials, recordings, transcripts,
and a question-and-answer report are available on WAPA's Project
website. Public comments were accepted via online form, email, postal
mail, and verbally at the virtual public hearings; a total of 124
comment submittals were received. The comments in these submittals were
considered and incorporated into the final EIS as appropriate. The
comments and associated responses are provided as appendix C to the
final EIS.
In addition to public outreach, 17 Federal agencies or offices, 30
State agencies or offices, and 12 local agencies were contacted to
initiate coordination with the NEPA review process. Seven of these
agencies agreed to participate in the NEPA review process as
cooperating agencies. Government-to-government consultation under
Section 106 of the NHPA was also initiated with 17 potentially
interested Native American tribes. Six of these tribes are actively
participating in the ongoing Section 106 process, and tribal members
assisted with cultural resources field surveys.
WAPA considered all alternatives, information, analyses, comments,
and objections submitted by State, tribal, and local governments and
public commenters in developing the EIS, in accordance with 40 CFR
1505.2.
Comments on Final EIS
A comment letter received after the release of the final EIS (and
well after the 30-day waiting period established by regulation)
identified two specific wind energy projects that the author claimed
were not considered in the cumulative effects analysis in the final
EIS. These are the Boswell Springs Wind Project and the Rock Creek Wind
Energy Project.
A memorandum dated August 17, 2020, was prepared, titled
``Determination of Reasonably Foreseeable Actions Considered in
Cumulative Effects Analysis'' at the time that the impact analysis was
being completed for the draft EIS. This memo includes the methodology
used to identify projects with potential to spatially and temporally
overlap with the Rail Tie Wind Project. The memo identified the Boswell
Springs Wind Project, and it was considered for cumulative impact
analysis. However, that project was ultimately not included because it
would not overlap with the Rail Tie Wind Project in either time or
space. It is more than 50 miles from the Rail Tie Wind Project Area and
did not overlap with the resource analysis areas, except for the socio-
economic and transportation analysis areas that were based upon county
boundaries. In the case of these latter two resources, the temporal
impacts were limited to the active construction phase, which was
scheduled to conclude in 2020 and not overlap with the Rail Tie Wind
Project's construction phase. The Boswell Springs Wind Project
presently appears to be inactive, and no updated project schedule is
publicly available.
The Rock Creek Wind Farm was not identified in August 2020 and was,
therefore, not included in the cumulative impacts analysis in the draft
or final EIS. The Rock Creek Wind Energy Project was made public on
September 21, 2021, through the submission of an application for a
Commercial Wind Energy Conversion System Permit to Albany County,
Wyoming. No comments were received during the draft EIS public comment
period indicating that the Rock Creek Project or any other additional
projects should be analyzed. Likewise, no cooperating agency brought up
any additional projects that should be considered between the draft and
final EIS. As a result, WAPA was not aware of the Rock Creek Wind Farm
project prior to the publication of the final EIS.
The proposed Rock Creek Wind Energy Project is located
approximately 35 miles northwest of the Rail Tie Wind Project and
therefore overlaps spatially with the resource analysis area for public
health and safety (resource analysis areas were variable, with the
largest being Project Area plus Wyoming emergency service provider
response areas overlapping the Project Area), recreational resources
(50 miles), social and economic resources (the analysis area was Albany
County, WY), and transportation and access (the analysis area included
major interstates and highways in Albany County, WY). Additionally, the
Rock Creek Wind Energy Project could potentially overlap temporally
with both the Rail Tie Wind Project's construction and operation
phases. Because the Rock Creek Wind Energy project overlaps spatially
and possibly temporally with the Rail Tie Wind Project, and is a
reasonably foreseeable project, its potential environmental effects
should be considered as part of the cumulative impact analysis.
Accordingly, disclosure of the potentially relevant cumulative impacts
of the Rock Creek Wind Energy Project have been included in this ROD.
Both projects would use common emergency services providers in
Albany County, and the Rock Creek Project would also use providers from
Carbon County. Providers in common include Albany County Sheriff's
Office and Ivinson Memorial Hospital in Albany County, along with the
more regional providers of Rawlins Interagency Dispatch Center and
Wyoming State Forestry Division Casper Interagency Dispatch Center for
wildland fire. Both projects would complete Emergency Response Plans
(PHS-2 and PHS-13) and would coordinate these plans with the local
emergency service providers to minimize impacts to the providers. The
[[Page 43027]]
Rock Creek Project's location at the Albany-Carbon County boundary
means it identified different local fire departments as the nearest and
most likely to respond. Regarding the Rail Tie Wind Project, the
Wyoming Industrial Siting Council (ISC) granted requests for impact
assistance funds to Albany County and the City of Laramie to offset
Project impacts to emergency response services (WyISC 2021). The Rock
Creek Project's application is being considered by the ISC as well and
the impact assistance funding consideration is standard practice; it is
assumed that similar funds will also be allocated for that project. The
ISC application for the Rail Tie Wind Project indicated that the
Project would have no impact to the levels of service provided by the
Ivinson Memorial Hospital.
Recreational resources in the cumulative projects' area are
distributed in nature as noted in cumulative impacts of the EIS, and
the peak workforces are relatively small in comparison to local
populations (each project's peak workforce is less than 200 workers
(Tetra Tech 2021, Jacobs 2021)); these factors naturally would
attenuate any cumulative impact experienced from multiple large
construction projects. Similarly, large, concentrated events, such as
Cheyenne Frontier Days, would not be affected by attendance increases
based on the high number of attendees (approximately 500,000 people in
2019, <a href="http://WyomingNews.com">WyomingNews.com</a>).
The addition of the Rock Creek Project does not materially affect
the qualitative assessment of the socioeconomic resources. It is
anticipated that the geography and timing of housing demand for
construction crews would be spread across a large area. Local tax
revenue would increase, and sales tax would fluctuate with
construction; when more equipment and materials are purchased, sales
tax revenue would increase. Property tax revenue would increase with
the completion of each project, and slowly decline with the
depreciation rate of each project.
Cumulative effects to transportation between the Rail Tie and Rock
Creek projects would be limited to equipment or materials shipment
along I-80 or US 287, which could result in additional temporary
increases of annual average daily traffic and peak hourly vehicles
along these portions of highway affected by both projects. While
equipment and materials shipments may have a cumulative impact, the
daily workforce commute between home and the worksite could more
materially increase traffic during construction. This commuter increase
would not be expected to create a cumulative impact between these two
projects, as the Rail Tie Wind Project traffic would travel south from
Laramie, while Rock Creek Wind Energy Project would travel to the north
of Laramie. The same would be true of the much-reduced post-
construction operations traffic. It should also be noted that the final
schedules for delivery of equipment and materials, as well as
construction, have not been determined for either project, so any
overlap of construction traffic would be speculative and may not
actually occur. ConnectGen has committed to schedule Project component
deliveries to avoid local traffic volume peaks to the extent
practicable (TRANS-2).
Based on the consideration of the Rock Creek Wind Energy Project in
the analysis of emergency service providers, recreational resources,
social and economic resources, and transportation, the cumulative
impacts to these resources would not be significant.\1\
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\1\ Jacobs. 2021. Rock Creek Wind Energy Project Albany and
Carbon Counties, Wyoming, Wyoming Industrial Development Information
and Siting Act Section 109 Permit Application, Final. December,
2021. Available at: <a href="https://deq.wyoming.gov/industrial-siting-2/#1fBPdlIGCiY4YvOHuB5dndJ2PrQKJENhB">https://deq.wyoming.gov/industrial-siting-2/#1fBPdlIGCiY4YvOHuB5dndJ2PrQKJENhB</a>. Accessed May 23, 2022. Tetra
Tech, Inc. 2021. Rail Tie Wind Project Albany County, Wyoming,
Wyoming Industrial Development Information and Siting Act Section
109 Permit Application. April 20, 2021. Available at: <a href="https://deq.wyoming.gov/industrial-siting-2/#1CNyUe8qeEf-qOA79kmlZStrSvg-wXg9h">https://deq.wyoming.gov/industrial-siting-2/#1CNyUe8qeEf-qOA79kmlZStrSvg-wXg9h</a>. Accessed May 23, 2022. Wyoming Industrial Siting Commission
(WyISC). 2021. Findings of Fact, Conclusions of Law, and Order
Granting Permit Application with Conditions, and Allocating Impact
Assistance Funds, In the Matter of the Industrial Sting Permit
Application of ConnectGen Albany County. OAH Docket No. 21-078-020,
Docket No. DEQ/ISC 20-09. Available at: <a href="https://deq.wyoming.gov/industrial-siting-2/#1CNyUe8qeEf-qOA79kmlZStrSvg-wXg9h">https://deq.wyoming.gov/industrial-siting-2/#1CNyUe8qeEf-qOA79kmlZStrSvg-wXg9h</a>. Accessed May
23, 2022.
<a href="http://WyomingNews.com">WyomingNews.com</a>. 2019. Online news article: Total CFD Attendance
Slightly Higher Than 2018 Rodeo Attendance. Available at: https://
www.wyomingnews.com/news/cheyenne_frontier_days/total-cfd-
attendance-slightly-higher-than-2018-rodeo-attendance-dips/
article_cea59b15-4179-5a6f-ba0e-
0192279b4e1e.html#:~:text=CHEYENNE%20%E2%80%93%20Total%20attendance%2
0for%20the%20123rd%20Cheyenne,from%20the%20543%2C703%20visitors%20who
%20attended%20last%20year. Accessed May 23, 2022.
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WAPA's Decision
Informed by the SIS, the analyses and environmental impacts
documented in the final EIS, input from Sections 7 and 106
consultations, and in compliance with its Tariff, WAPA has determined
that ConnectGen's two interconnection requests will be approved.
In making this decision, WAPA is cognizant that ConnectGen's
Project will have significant impacts on visual resources in the
Project viewshed, potentially significant impacts on eagles through
collisions with operating turbines, and significant adverse effects on
certain NRHP-listed or eligible cultural resources eligible under
Criterion A and/or C, where integrity of ``setting'' and/or ``feeling''
contribute to their NRHP eligibility. Impacts to these important
cultural resources, which includes the Ames Monument NHL, is non-
physical (visual).
WAPA is further aware that potential eagle impacts will also be
analyzed in the FWS's process for authorizing an eagle incidental take
permit, and that additional avoidance, minimization, and mitigation
measures may be identified and required of ConnectGen as a result of
that process. The FWS is the regulatory agency charged with
administering and enforcing the Bald and Golden Eagle Protection Act
(16 U.S.C. 668-668d, as amended) and authorizing eagle incidental take
permits. Similarly, WAPA's HPTP developed under the PA process will
analyze potential adverse effects to listed or eligible cultural
resources and may identify additional measures to reduce those effects.
The appropriate parties are involved in this process, as evidenced by
the list provided previously.
WAPA's decision must also consider Federal open access to
transmission mandates arising under FERC orders implementing the FPA.
For WAPA, this means complying with the requirements of its Tariff and
LGIP, which were approved by FERC. FERC Orders on open access to
transmission and the conforming Tariff require that WAPA provide
available transmission capacity access on a nondiscriminatory basis so
long as system reliability and service to its existing customers are
not degraded. Pursuant to WAPA's LGIP, transmission and system studies
were conducted to model the effects to power flows from the proposed
interconnection and ascertain whether there would be negative effects
to the operation of the transmission system. The results of these
studies indicated that approving ConnectGen's two interconnection
requests would not negatively affect the reliability of the
transmission system or degrade service to existing customers and that
no system upgrades would be required to support the interconnection of
ConnectGen's proposed Project with the transmission system.
This ROD was prepared pursuant to the requirements of the Council
on Environmental Quality Regulations for Implementing NEPA (40 CFR
parts 1500-1508) and DOE's Procedures for Implementing NEPA (10 CFR
part 1021).
[[Page 43028]]
Signing Authority
This document of the Department of Energy was signed on July 11,
2022, by Tracey A. LeBeau, Administrator, Western Area Power
Administration, pursuant to delegated authority from the Secretary of
Energy. That document with the original signature and date is
maintained by DOE. For administrative purposes only, and in compliance
with requirements of the Office of the Federal Register, the
undersigned DOE Federal Register Liaison Officer has been authorized to
sign and submit the document in electronic format for publication, as
an official document of the Department of Energy. This administrative
process in no way alters the legal effect of this document upon
publication in the Federal Register.
Signed in Washington, DC, on July 14, 2022.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2022-15374 Filed 7-18-22; 8:45 am]
BILLING CODE 6450-01-P
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</html>Indexed from Federal Register on July 19, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.