Notice2022-24623
Notice of Intent To Amend the Las Vegas Resource Management Plan and Prepare an Environmental Impact Statement for the Proposed Copper Rays Solar Project in Nye County, Nevada
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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
November 14, 2022
Issuing agencies
Interior DepartmentLand Management Bureau
Abstract
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) for the Copper Rays Solar Project and by this notice 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 218 (Monday, November 14, 2022)</title>
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[Federal Register Volume 87, Number 218 (Monday, November 14, 2022)]
[Notices]
[Pages 68187-68189]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-24623]
[[Page 68187]]
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[LLNVS00000.L51010000.ER0000.LVRWF2208330.22X; N-89655; MO# 4500164258]
Notice of Intent To Amend the Las Vegas Resource Management Plan
and Prepare an Environmental Impact Statement for the Proposed Copper
Rays Solar Project in Nye County, Nevada
AGENCY: Bureau of Land Management, Interior.
ACTION: Notice of intent.
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SUMMARY: 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) for
the Copper Rays Solar Project and by this notice 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: The BLM requests the public submit comments concerning the scope
of the analysis, potential alternatives, and identification of relevant
information and studies by December 29, 2022. To afford the BLM the
opportunity to consider issues raised by commenters in the Draft RMP
amendment/EIS, please ensure your comments are received prior to the
close of the 45-day scoping period or 15 days after the last public
meeting, whichever is later.
The BLM will conduct two public scoping meetings (virtually):
<bullet> December 6, 2022, 6-8 p.m. Pacific Time., Virtual via Zoom.
Registration is required. To register in advance for this webinar,
visit: <a href="https://eplanning.blm.gov/eplanning-ui/project/2019523/510">https://eplanning.blm.gov/eplanning-ui/project/2019523/510</a>
<bullet> December 7, 2022, 6-8 p.m. Pacific Time., Virtual via Zoom.
Registration is required. To register in advance for this webinar,
visit: <a href="https://eplanning.blm.gov/eplanning-ui/project/2019523/510">https://eplanning.blm.gov/eplanning-ui/project/2019523/510</a>
ADDRESSES: You may submit comments on issues and planning criteria
related to the Copper Rays Solar Project by any of the following
methods:
<bullet> Website: <a href="https://eplanning.blm.gov/eplanning-ui/project/2019523/510">https://eplanning.blm.gov/eplanning-ui/project/2019523/510</a>
<bullet> Email: <a href="/cdn-cgi/l/email-protection#0c4e404153425a535f4248534962697e6b755c7e6366696f787f4c6e6061226b637a"><span class="__cf_email__" data-cfemail="f6b4babba9b8a0a9a5b8b2a9b3989384918fa684999c93958285b6949a9bd8919980">[email protected]</span></a>
<bullet> Mail: BLM, Pahrump Field Office, Attn: Copper Rays 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/2019523/510">https://eplanning.blm.gov/eplanning-ui/project/2019523/510</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#1d5f515042534b424e5359425873786f7a644d6f7277787e696e5d7f7170337a726b"><span class="__cf_email__" data-cfemail="98dad4d5c7d6cec7cbd6dcc7ddf6fdeaffe1c8eaf7f2fdfbecebd8faf4f5b6fff7ee">[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
Nevada State Director intends to prepare an RMP amendment with an
associated EIS for the Copper Rays 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 Copper Rays Solar Project, which would require
amending the existing 1998 Las Vegas RMP.
The proposed project and planning area is in Nye County, southeast
of the Town of Pahrump and approximately 40 miles west of Las Vegas,
and encompasses approximately 5,127 acres of public lands.
On October 27, 2020, Copper Rays Solar, LLC filed an updated right-
of-way application to the BLM Pahrump Field Office for the Copper Rays
Solar Project (Project) requesting authorization to construct, operate,
maintain, and eventually decommission a 700-megawatt photovoltaic solar
electric generating facility, battery storage facilities, associated
generation tie-line, and access road facilities. Copper Rays Solar, LLC
submitted the initial right-of-way application for the proposed project
in September 2010, thus the project is not subject to the decisions
adopted by the Record of Decision for Solar Energy Development in Six
Southwestern States (BLM 2012). The electricity generated would be
collected at the onsite substation and conveyed to the Gamebird
Substation located north of the project site via transmission line.
Construction for the facilities is estimated to take approximately 72
months across multiple phases. The lands within the proposed project
area were segregated, subject to valid existing rights, for a term of
two years beginning October 21, 2021, with publication of the Notice of
Segregation in the Federal Register.
The scope of this land use planning process does not include
addressing the evaluation or designation of areas of critical
environmental concern (ACEC) and the BLM is not considering ACEC
nominations as part of this process.
Purpose and Need
The BLM's preliminary purpose and need for this Federal action is
to respond to FLPMA right-of-way applications submitted by Copper Rays
Solar, 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 5,127 acres of BLM land in Nye
County, Nevada, in compliance with FLPMA, BLM right-of-way regulations,
the BLM NEPA Handbook (BLM 2008), 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 utility corridor modifications based on the
project boundary location and to adjust the Visual Resource Management
Class III unit that contains the proposed project to respond to the
proponent's application.
Preliminary Alternatives
The Proposed Action is to approve a right-of-way to Copper Rays
Solar, LLC to construct, operate, and eventually decommission the
proposed solar project and associated facilities with the potential to
generate 700-megawatts of alternating current energy on 5,127 acres of
BLM administered lands. The Proposed Action also includes an amendment
to the 1998 Las Vegas RMP in order to modify multiple utility corridors
and to adjust the Visual Resource Management Class III unit that
contains the proposed project.
[[Page 68188]]
An Energy Policy Act of 2005 Section 368 Energy Corridor, Segment #
224-225, intersects the western portion of the project area. A Southern
Nevada District Utility Corridor, established by the RMP, intersects
the southwest corner of the project area. Per the BLM's Land Use
Planning Handbook (H-1601-1 Section VII.B), in order for the project to
be consistent with the RMP, a plan amendment to modify both utility
corridors outside of the Copper Rays Solar Project area will be
required.
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 the application evaluation determination process and
scoping.
Under the No Action Alternative, BLM would not issue 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 utility corridors and modify the Visual Resource
Management Class.
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 (see ADDRESSES).
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 43 CFR 2800 application evaluation determination
process. Through this process, the BLM completed public outreach and
Agency and Indian Tribal Nations coordination 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;
<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 as a result of
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 with 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 application evaluation process. The following may be
impacted by the proposed project and will be considered for detailed
analysis in the EIS: threatened and endangered species, biological
resources, vegetation resources, visual resources, cultural resources,
air quality, climate change, recreation, socioeconomics, water
resources, and cumulative effects from reasonably foreseeable actions
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, Copper Rays
Solar, 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; Consultation under Section 106
of the National Historic Preservation Act with the Advisory Council on
Historic Preservation and Nevada State Historic Preservation Office;
Section 404 Permit from the U.S. Army Corps of Engineers; Wildlife
Special Purpose permit from the Nevada Department of Wildlife; Nevada
Division of Environmental Protection Stormwater and Groundwater
Discharge permits and Temporary in Waterways Work permit; Nevada Public
Utilities Commission Permit to Construct; Nevada Division of Water
Resources water rights modification permits; Nevada State Fire Marshall
Hazardous Materials Storage permit; Nye County Special Use Permit; and
other Nye County permits, as necessary. Further details on these
permitting requirements may be found in the Plan of Development for the
Copper Rays 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 RMP Amendment/EIS and
concurrent 30-day public protest period and 60-day Governor's
consistency review on the Proposed RMP Amendment. The Draft RMP
Amendment/EIS is anticipated to be available for public review Spring
2023 and the Proposed RMP Amendment is anticipated to be available for
public protest in Fall 2023 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 RMP Amendment/EIS.
The BLM will be holding two virtual scoping meetings (see DATES and
ADDRESSES sections earlier). The specific date(s) and location(s) of
any additional 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/2019523/510">https://eplanning.blm.gov/eplanning-ui/project/2019523/510</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 and
Tribes, 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 Cooper Rays Solar Project
and RMP amendment, possible
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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 an
issue with the Proposed Action, please indicate the purpose of the
suggested alternative. In addition, the BLM requests the 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 Pahrump 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, 11 agencies have accepted cooperating agency
status: U.S. Fish and Wildlife Service Ecological Services Program,
U.S. Fish and Wildlife 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 Forestry; Nevada Department
of Conservation and Natural Resources, Off-Highway Vehicles Program;
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
planning effort and proposed Copper Rays Solar Project.
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 right of way application. Pursuant to 43 CFR 2805.10, if the
BLM issues right-of-way grant(s), the BLM decision maker may include
terms, conditions, and stipulations determined to be in the public
interest.
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 plan
amendment 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; and 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 plan amendment will assist
the BLM in identifying and evaluating impacts to such resources.
The BLM will consult with 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 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 intends to hold
a series of government-to-government consultation meetings. The BLM
will send invites to potentially affected Tribal Nations prior to the
meetings. The BLM will provide additional opportunities for government-
to-government consultation during the NEPA process.
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: 40 CFR 1501.7, 43 CFR 1610.2, and 2800)
Jon Raby,
State Director.
[FR Doc. 2022-24623 Filed 11-10-22; 8:45 am]
BILLING CODE 4310-HC-P
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