Notice2022-22938
Notice of Intent To Prepare an Environmental Impact Statement and Amend the Resource Management Plan for the Proposed Rough Hat Clark County Solar Project in Clark County, Nevada
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Published
October 21, 2022
Issuing agencies
Interior DepartmentLand Management Bureau
Abstract
As requested by Candela Renewables, LLC, and in compliance with the National Environmental Policy Act of 1969, as amended (NEPA), and the Federal Land Policy and Management Act of 1976, as amended (FLPMA), the Bureau of Land Management (BLM) Nevada State Director intends to prepare a Resource Management Plan (RMP) amendment with an associated Environmental Impact Statement (EIS) to consider the effects of the proposed Rough Hat Clark County Solar Project. By this notice the BLM is announcing the beginning of the scoping period to solicit public comments and identify issues, and is providing the planning criteria for public review.
Full Text
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<title>Federal Register, Volume 87 Issue 203 (Friday, October 21, 2022)</title>
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[Federal Register Volume 87, Number 203 (Friday, October 21, 2022)]
[Notices]
[Pages 64087-64090]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-22938]
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[LLNVS00000.L51010000.ER0000. LVRWF2107480.21X; N-99406; MO#4500163153]
Notice of Intent To Prepare an Environmental Impact Statement and
Amend the Resource Management Plan for the Proposed Rough Hat Clark
County Solar Project in Clark County, Nevada
AGENCY: Bureau of Land Management, Department of Interior.
ACTION: Notice of intent; request for comments.
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SUMMARY: As requested by Candela Renewables, LLC, and in compliance
with the National Environmental Policy Act of 1969, as amended (NEPA),
and the Federal Land Policy and Management Act of 1976, as amended
(FLPMA), the Bureau of Land Management (BLM) Nevada State Director
intends to prepare a Resource Management Plan (RMP) amendment with an
associated Environmental Impact Statement (EIS) to consider the effects
of the proposed Rough Hat Clark County Solar Project. By this notice
the BLM is announcing the beginning of the scoping period to solicit
public comments and identify issues, and is providing the planning
criteria for public review.
DATES: Your comments concerning the scope of the analysis, potential
alternatives, and identification of relevant information, and studies
must be received by BLM by December 5, 2022 or 15 days after the last
public meeting, whichever is later. The BLM will conduct two public
scoping meetings (virtually) which will be held November 15 and
November 16, 2022 from 6 p.m. to 8 p.m. Pacific time. Additional
information on the meetings, including how to register, can be found on
the project ePlanning website at: <a href="https://eplanning.blm.gov/eplanning-ui/project/2019992/510">https://eplanning.blm.gov/eplanning-ui/project/2019992/510</a>.
ADDRESSES: You may submit comments by any of the following methods:
<bullet> Online via ePlanning: <a href="https://eplanning.blm.gov/eplanning-ui/project/2019992/510">https://eplanning.blm.gov/eplanning-ui/project/2019992/510</a>.
<bullet> Email: <a href="/cdn-cgi/l/email-protection#e8aaa4a5b7a6beb7bba6acb7ad868d9a8f91b89a87828d8b9c9ba88a8485c68f879e"><span class="__cf_email__" data-cfemail="e1a3adacbeafb7beb2afa5bea48f84938698b1938e8b84829592a1838d8ccf868e97">[email protected]</span></a>.
<bullet> Mail: BLM, Las Vegas Field Office, Attn: Rough Hat Clark
County Solar Project, 4701 North Torrey Pines Drive, Las Vegas, NV
89130-2301.
Documents pertinent to this proposal may be examined online at the
project ePlanning page: <a href="https://eplanning.blm.gov/eplanning-ui/project/2019992/510">https://eplanning.blm.gov/eplanning-ui/project/2019992/510</a> and at the Southern Nevada District Office.
FOR FURTHER INFORMATION CONTACT: Whitney Wirthlin, Project Manager,
telephone (725) 249-3318; address 4701 North Torrey Pines Drive, Las
Vegas, NV 89130-2301; email <a href="/cdn-cgi/l/email-protection#b2f0feffedfce4ede1fcf6edf7dcd7c0d5cbe2c0ddd8d7d1c6c1f2d0dedf9cd5ddc4"><span class="__cf_email__" data-cfemail="357779786a7b636a667b716a705b5047524c65475a5f50564146755759581b525a43">[email protected]</span></a>. Contact
Whitney Wirthlin to have your name added to our mailing list.
Individuals in the United States who are deaf, deafblind, hard of
hearing, or have a speech disability may dial 711 (TTY, TDD, or
TeleBraille) to access telecommunications relay services for contacting
Whitney Wirthlin. Individuals outside the United States should use the
relay services offered within their country to make international calls
to the point-of-contact in the United States.
SUPPLEMENTARY INFORMATION: This document provides notice that the BLM
intends to prepare an RMP amendment with an associated EIS for the
Rough Hat Clark County Solar Project, announces the beginning of the
scoping process, and seeks public input on issues and planning
criteria. The RMP amendment is being considered to allow the BLM to
evaluate the Rough Hat Clark County Solar Project, which would require
amending the existing 1998 Las Vegas RMP.
On November 14, 2019, Candela Renewables, LLC submitted a right-of-
way application to the BLM Las Vegas Field Office for the Rough Hat
Clark County Solar Project (Project) requesting authorization to
construct, operate, maintain, and eventually decommission a 400-
megawatt photovoltaic solar electric generating facility, battery
storage facilities, associated generation tie-line, and access road
facilities. The proposed Project requests use of approximately 2,400
acres of federal lands administered by the BLM. The proposed project is
in Clark County, southeast of the town of Pahrump and approximately 38
miles west of Las Vegas. The electricity generated would be collected
at the onsite substation and conveyed to the approved Trout Canyon
Substation located south of the project site via a generation (gen-tie)
transmission line. Construction for the facilities is estimated to take
approximately 12 to 18 months. The lands within the proposed Project
area were segregated, subject to valid existing rights, for a term of
two years beginning October 20, 2021, with publication of the Notice of
Segregation in the Federal Register.
Preliminary Purpose and Need
The BLM's preliminary purpose and need for this Federal action is
to respond to the FLPMA right-of-way applications submitted by Candela
Renewables, LLC under title V of FLPMA (43 U.S.C. 1761) to construct,
operate, maintain, and decommission a solar generation power plant and
ancillary facilities on approximately 2,400 acres of BLM land in Clark
County, Nevada, in compliance with FLPMA, BLM right-of-way regulations,
U.S. Department of the Interior NEPA regulations, and other applicable
federal and state laws and policies. In accordance with FLPMA, public
lands are to be managed for multiple uses that consider the long-term
needs of future generations for renewable and non-renewable resources.
The BLM is authorized to grant rights-of-way on public lands for
systems of generation, transmission, and distribution of electrical
energy (section 501(a)(4)). The preliminary purpose and need also
includes an amendment to the 1998 Las Vegas RMP to address a potential
Visual Resource Management Class modification to respond to the
proponent's application.
Preliminary Proposed Action and Alternatives
The Proposed Action is to approve a right-of-way to Candela
Renewables, LLC to construct, operate, and eventually decommission the
proposed solar project and associated facilities with the potential to
generate 400-megawatts of alternating current energy on 2,400 acres of
BLM administered lands. The Proposed Action also includes an amendment
to the 1998 Las Vegas RMP in order to adjust the Visual Resource
Management Class.
The Visual Resource Management Class for the project area includes
Class III, which requires a RMP amendment to change the Class III area
to Class IV in order for the project to be consistent with the RMP, per
the BLM Land Use Planning Handbook (H-1601-1 section VII.B).
Additional action alternatives have not been identified to date but
would be developed by taking into consideration comments and input
submitted during
[[Page 64088]]
the application evaluation determination process and scoping.
The No Action Alternative would involve the BLM not issuing a
right-of-way grant for the solar project and associated facilities. The
proposed Project would not be constructed, and existing land uses in
the project area would continue. Additionally, the BLM would not
undertake a RMP amendment to adjust Visual Resource Management Classes.
The BLM welcomes comments on all preliminary alternatives as well as
suggestions for additional alternatives.
Planning Criteria
The planning criteria guide the planning effort and lay the
groundwork for effects analysis by identifying the preliminary issues
and their analytical frameworks. Preliminary issues for the planning
area have been identified by BLM personnel and from early engagement
conducted for this planning effort with Federal, State, and local
agencies; Tribes; and other stakeholders. The BLM has identified
preliminary issues for this planning effort's analysis. The planning
criteria are available for public review and comment at the ePlanning
website: <a href="https://eplanning.blm.gov/eplanning-ui/project/2019992/510">https://eplanning.blm.gov/eplanning-ui/project/2019992/510</a>.
Summary of Expected Impacts
The analysis in the EIS will be focused on the proposed solar
project and associated facilities, including battery storage and
transmission line construction. The BLM evaluated the proposed Project
application per the variance process described in the Programmatic
Environmental Impact Statement for Solar Energy Development in Six
Southwestern States. Through this process, the BLM completed public
outreach and coordination with agencies and Indian Tribal Nations
specific to the proposed Project. From the input received, the expected
impacts from construction, operation, and eventual decommissioning of
the solar project, associated facilities, and the RMP amendment could
include:
<bullet> Potential desert tortoise habitat disturbance and changes
in genetic connectivity habitat from construction of the proposed
facilities;
<bullet> Potential effects to cultural resources in the project
area from construction activities;
<bullet> Potential modifications to the visual character of the
area, as well as changes to the Visual Resource Management Class from
III to IV proposed as a change to the RMP;
<bullet> Potential effects to basin groundwater resources from the
proposed construction water needs for the Project;
<bullet> Potential socioeconomic impacts from the proposed Project
to local communities;
<bullet> Potential air quality impacts from proposed construction
activities;
<bullet> Potential impacts to vegetation species from construction,
operations, and decommissioning of the Project and associated
facilities;
<bullet> Potential effects to the recreational opportunities and
public use of the proposed Project area due to construction and
operations of the solar facility; and
<bullet> Potential cumulative effects from other reasonably
foreseeable actions in the area.
Preliminary issues for the Project have been identified by the BLM,
other Federal agencies, the State, local agencies, Tribes, and the
public during the variance process. The following resources, or
resource uses, have potential issues that will need to be analyzed in
detail in the EIS: threatened and endangered species, biological
resources, vegetation resources, visual resources, cultural resources,
air quality, climate change, recreation, socioeconomics, water
resources, and other reasonably foreseeable effects from other projects
in the area. Habitat for the federally listed desert tortoise is in
this project area.
Anticipated Permits and Authorizations
Along with the right-of-way grant issued by the BLM, Candela
Renewables, LLC anticipates needing the following authorizations and
permits for the proposed Project: Biological Opinion and Incidental
Take Permit from the U.S. Fish and Wildlife Service under section 7 of
the Endangered Species Act; section 404 Permit from U.S. Army Corps of
Engineers; Consultation under section 106 of the National Historic
Preservation Act with the Advisory Council on Historic Preservation and
Nevada State Historic Preservation Office; Consultation and Take Permit
from Nevada Department of Wildlife; Nevada Division of Environmental
Protection Stormwater discharge permits; Nevada Public Utilities
Commission Environmental Protection Act Permit; Nevada Division of
Forestry Cacti and Yucca Salvage Permit; Clark County Department of Air
Quality Dust Control Permit; Clark County Regional Flood Control
District drainage study review; Clark County Department of
Comprehensive Planning special use permit; and Clark County Building
Department permits. Further details on these permitting requirements
may be found in the preliminary Plan of Development for the Rough Hat
Clark County Solar Project.
Schedule for the Decision-Making Process
The BLM will provide additional opportunities for public
participation consistent with the NEPA and land use planning processes,
including a 90-day comment period on the Draft EIS/RMP amendment and
concurrent 30-day public protest period and 60-day Governor's
consistency review on the Proposed RMP amendment. The Draft EIS/RMP
amendment is anticipated to be available for public review in summer
2023, and if the proposed action or alternative action is approved, the
Final EIS/Proposed RMP amendment is anticipated to be available for
public protest of the Proposed RMP amendment in winter 2024 with an
Approved RMP amendment and Record of Decision in spring 2024.
Public Scoping Process
This notice of intent initiates the scoping period and public
review of the planning criteria, which guide the development and
analysis of the Draft EIS/RMP amendment.
The BLM will be holding two virtual scoping meetings. The specific
date(s) and location(s) of these scoping meetings will be announced at
least 15 days in advance through the project ePlanning web page:
<a href="https://eplanning.blm.gov/eplanning-ui/project/2019992/510">https://eplanning.blm.gov/eplanning-ui/project/2019992/510</a>.
The purpose of the public scoping process is to determine relevant
issues that will influence the scope of the environmental analysis,
including alternatives and mitigation measures, and to guide the
process for developing the EIS. Federal, State, and local agencies,
along with other stakeholders that may be interested or affected by the
BLM's decision on this project, are invited to participate in the
scoping process and, if eligible, may request or be requested by the
BLM to participate as a cooperating agency. The BLM encourages comments
concerning the proposed Rough Hat Clark County Solar Project and RMP
amendment, possible measures to minimize and/or avoid adverse
environmental impacts, and any other information relevant to the
Proposed Action.
The BLM also requests assistance with identifying potential
alternatives to the Proposed Action. As alternatives should resolve a
problem with the Proposed Action, please indicate the purpose of the
suggested alternative. In addition, the BLM requests the
[[Page 64089]]
identification of potential issues that should be analyzed. Issues
should be a result of the Proposed Action or alternatives; therefore,
please identify the activity along with the potential issues.
Lead and Cooperating Agencies
The BLM Las Vegas Field Office is the lead agency for this EIS and
RMP amendment. The BLM has initially invited 27 agencies and 15 Indian
Tribal Nations to be cooperating agencies to participate in the
environmental analysis of the Project.
Of those invited, to date nine agencies have accepted cooperating
agency status: U.S. Fish and Wildlife Service Ecological Services
Program, U.S. Fish and Wildlife Service Migratory Bird Program, U.S.
Environmental Protection Agency Region 9, Clark County Department of
Aviation, Clark County Department of Environment and Sustainability,
Nye County, Nevada Department of Wildlife, Nevada Division of Emergency
Management, and Nevada Department of Public Safety. Additional agencies
and organizations may be identified as potential cooperating agencies
to participate in the environmental analysis of the Project.
Responsible Official
The Nevada State Director is the deciding official for this
Proposed Action.
Nature of Decision To Be Made
The nature of the decision to be made will be the State Director's
selection of land use planning decisions for managing BLM-administered
lands under the principles of multiple use and sustained yield in a
manner that best addresses the purpose and need.
The BLM will decide whether to grant, grant with conditions, or
deny the application for the right of way. Pursuant to 43 CFR 2805.10,
if the BLM issues a grant, the BLM decision maker may include terms,
conditions, and stipulations determined to be in the public interest.
The BLM will also make the decision whether or not to approve any RMP
amendment, in accordance with BLM policy about delegation of
authorities. In the Record of Decision, the BLM will clearly
distinguish the RMP amendment decision from the selected alternative
for the proposed Rough Hat Clark County Solar Project.
Interdisciplinary Team
The BLM will use an interdisciplinary approach to develop the EIS/
RMP amendment in order to consider the variety of resource issues and
concerns identified. Specialists with expertise in the following
disciplines will be involved in this process: air quality, archaeology,
botany, climate change (greenhouse gases), environmental justice, fire
and fuels, geology/mineral resources, hazardous materials, hydrology,
invasive/non-native species, lands and realty, National Conservation
Lands, National Trails, public health and safety, recreation/
transportation, socioeconomics, soils, visual resources, and wildlife.
Additional Information
The BLM will identify, analyze, and consider mitigation to address
the reasonably foreseeable impacts to resources from the proposed
action and all analyzed reasonable alternatives and, in accordance with
40 CFR 1502.14(e), include appropriate mitigation measures not already
included in the proposed plan amendment or alternatives. Mitigation may
include avoidance, minimization, rectification, reduction or
elimination over time, and compensation. Mitigation may be considered
at multiple scales, including the landscape scale.
The BLM will utilize and coordinate the NEPA and land use planning
processes for this planning effort to help support compliance with
applicable procedural requirements under the Endangered Species Act (16
U.S.C. 1536) and section 106 of the National Historic Preservation Act
(54 U.S.C. 306108) as provided in 36 CFR 800.2(d)(3), including public
involvement requirements of section 106. The information about historic
and cultural resources and threatened and endangered species within the
area potentially affected by the proposed Project will assist the BLM
in identifying and evaluating impacts to such resources.
The BLM will continue to consult with Indian Tribal Nations on a
government-to-government basis in accordance with Executive Order
13175, BLM MS 1780, and other policies. Tribal concerns, including
impacts on Indian trust assets and potential impacts to cultural
resources, will be given due consideration. Federal, State, and local
agencies, along with Indian Tribal Nations, and other stakeholders that
may be interested in or affected by the proposed action that the BLM is
evaluating, are invited to participate in the scoping process and, if
eligible, may request or be requested by the BLM to participate in the
development of the environmental analysis as a cooperating agency. The
BLM will send invitations to potentially affected Indian Tribal Nations
prior to the meetings. The BLM will provide additional opportunities
for government-to-government consultation during the NEPA process.
The BLM has initiated engagement with Indian Tribal Nations
governments including sending letters to the Moapa Band of Paiutes, Las
Vegas Paiute Tribe, Timbisha Shoshone, Chemehuevi Indian Tribe, Twenty-
Nine Palms Band of Mission Indians, Fort Mojave Indian Tribe, and
Colorado River Indian Tribes on March 31, 2021, to invite the Tribes to
initiate formal government-to-government consultation. Additionally,
the BLM sent letters to the Bishop Paiute Tribe, Fort Independence
Indian Community of Paiute Indians, Kaibab Band of Paiute Indians,
Paiute Indian Tribe of Utah, San Juan Southern Paiute Tribe, and the
Utu Utu Gwaitu Paiute Tribe (Owens Valley Paiute Benton Reservation) on
July 1, 2022, inviting the tribes to initiate formal government-to-
government consultation. The BLM also sent letters to the Big Pine
Paiute Tribe of Owens Valley and the Lone Pine Paiute-Shoshone Tribe on
August 24, 2022, inviting the tribes to initiate formal government-to-
government consultation and to participate as a Cooperating Agency for
the Project. Tribal consultation for the project is ongoing.
The BLM will also use and coordinate the required National Historic
Preservation Act review of this project with the NEPA process to
fulfill the requirements under the National Historic Preservation Act
(54 U.S.C. 306108) as provided in 36 CFR 800.8(c). The identification
of historic properties and the assessment of effects of the undertaking
on these properties will be carried out in a manner consistent with the
standards and criteria outlined in 36 CFR 800.4 through 800.5. BLM will
consult on the effects of the undertaking on historic properties with
the Nevada State Historic Preservation Office, Indian Tribes that might
attach religious and cultural significance to affected historic
properties, other consulting parties, and the Advisory Council on
Historic Preservation, where appropriate, during NEPA scoping,
environmental analysis, and the preparation of NEPA documents. The
public will be given the opportunity to be involved in accordance with
BLM's NEPA procedures. In consultation with identified consulting
parties, BLM will develop alternatives and proposed measures that might
avoid, minimize, or mitigate any adverse effects of the undertaking on
historic properties and describe them in the Draft EIS. The agency
official will provide the Draft EIS/RMP amendment to the Nevada State
Historic Preservation Office,
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Indian Tribal Nations that might attach religious and cultural
significance to affected historic properties, the Advisory Council on
Historic Preservation, and other consulting parties in accordance with
36 CFR 800.8(c) and the BLM's established NEPA procedures.
Before including your address, phone number, email address, or
other personal identifying information in your comment, you should be
aware that your entire comment--including your personal identifying
information--may be made publicly available at any time. While you can
ask us in your comment to withhold your personal identifying
information from public review, we cannot guarantee that we will be
able to do so.
(Authority: 43 CFR 1610.2 and 2800.)
Jon Raby,
State Director.
[FR Doc. 2022-22938 Filed 10-20-22; 8:45 am]
BILLING CODE 4310-HC-P
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