Notice2023-08560
Notice of Intent To Prepare an Environmental Impact Statement and Notice of Segregation for the Proposed Libra Solar Project in Mineral and Lyon Counties, Nevada
Primary source
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Published
April 24, 2023
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) Carson City District Office intends to prepare an Environmental Impact Statement (EIS) to consider the effects of the proposed Libra 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. Through this notice the BLM is also announcing the segregation of public lands included in the right- of-way application for the Libra Solar Project from appropriation under the public land laws, including the Mining Law, but not the Mineral Leasing or Material Sales Acts, for a period of two (2) years from the date of publication of this notice, subject to valid existing rights. This segregation is to facilitate the orderly administration of the public lands while the BLM considers potential solar development on the described parcel.
Full Text
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<title>Federal Register, Volume 88 Issue 78 (Monday, April 24, 2023)</title>
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[Federal Register Volume 88, Number 78 (Monday, April 24, 2023)]
[Notices]
[Pages 24827-24830]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-08560]
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[BLM_NV_FRN_MO 4500169399]
Notice of Intent To Prepare an Environmental Impact Statement and
Notice of Segregation for the Proposed Libra Solar Project in Mineral
and Lyon Counties, Nevada
AGENCY: Bureau of Land Management, Interior.
ACTION: Notice of intent and segregation.
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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) Carson
City District Office intends to prepare an Environmental Impact
Statement (EIS) to consider the effects of the proposed Libra 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. Through this notice the BLM is
also announcing the segregation of public lands included in the right-
of-way application for the Libra Solar Project from appropriation under
the public land laws, including the Mining Law, but not the Mineral
Leasing or Material Sales Acts, for a period of two (2) years from the
date of publication of this notice, subject to valid existing rights.
This segregation is to facilitate the orderly administration of the
public lands while the BLM considers potential solar development on the
described parcel.
DATES: This notice initiates the public-scoping process for the EIS.
The BLM requests the public submit comments concerning the scope of the
analysis, potential alternatives, and identification of relevant
information, and studies by May 24, 2023. To afford the BLM the
opportunity to consider issues raised by commenters in the Draft EIS,
please ensure your comments are received prior to the close of the 30-
day scoping period or 15 days after the public
[[Page 24828]]
meeting, whichever is later. The BLM will conduct a public scoping
meeting (virtually) which will be held on May 8, 2023, from 6:00 p.m.
to 8:00 p.m. PT. Additional information on the meeting, including how
to register, can be found on the project ePlanning website at: <a href="https://eplanning.blm.gov/eplanning-ui/project/2022592/510">https://eplanning.blm.gov/eplanning-ui/project/2022592/510</a>.
The segregation for the public lands identified in this notice
takes effect on April 24, 2023.
ADDRESSES: You may submit comments by any of the following methods:
* Email: <a href="/cdn-cgi/l/email-protection#96f4fafbc9f8e0c9f5f5f2f9c9fafff4e4f7c9e5f9faf7e4d6f4fafbb8f1f9e0"><span class="__cf_email__" data-cfemail="543638390b3a220b3737303b0b383d3626350b273b383526143638397a333b22">[email protected]</span></a>
* Online via ePlanning: <a href="https://eplanning.blm.gov/eplanning-ui/project/2022592/510">https://eplanning.blm.gov/eplanning-ui/project/2022592/510</a>
* Mail: BLM, Carson City District Office, Attn: Libra Solar Project,
5665 Morgan Mill Road, Carson City, NV 89701
Documents pertinent to this proposal may be examined online at the
project ePlanning page: <a href="https://eplanning.blm.gov/eplanning-ui/project/2022592/510">https://eplanning.blm.gov/eplanning-ui/project/2022592/510</a> and at the Carson City District Office.
FOR FURTHER INFORMATION CONTACT: Melanie Hornsby, Project Manager,
telephone 775-885-6024; address 5665 Morgan Mill Road, Carson City,
Nevada 89701; email <a href="/cdn-cgi/l/email-protection#046668695b6a725b6767606b5b686d6676655b776b686576446668692a636b72"><span class="__cf_email__" data-cfemail="f5979998aa9b83aa9696919aaa999c978794aa869a999487b5979998db929a83">[email protected]</span></a>. Contact Melanie
Hornsby 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 Melanie Hornsby.
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: On September 16, 2020, Libra Solar LLC
(Applicant) filed a right-of-way (ROW) application with the BLM Carson
City District Office for the Libra Solar Project (Project), requesting
authorization to construct, operate, maintain, and eventually
decommission a 700-megawatt photovoltaic solar electric generating
facility, battery storage facility, associated generation tie-line, and
access road facilities.
The proposed project requests use of approximately 5,500 acres of
Federal lands administered by the BLM. The proposed project is in
Mineral and Lyon Counties, approximately 55 miles southeast of the Reno
metropolitan area, and 11 miles southeast of the town of Yerington.
U.S. Route 95 is 7 miles east of the site and State Route 208 is 8
miles west. The electricity generated would be collected at the onsite
substation and conveyed to the NV Energy Fort Churchill Substation
located northwest of the project site via a generation (gen-tie)
transmission line. If approved, the duration for potential construction
of the facilities is estimated to be approximately 12 to 18 months.
Segregation of Land
Regulations found at 43 CFR 2091.3-1(e) and 43 CFR 2804.25(f) allow
the BLM to temporarily segregate public lands within a solar or wind
application area from the operation of the public land laws, including
the Mining Law, by publication of a Federal Register notice. The BLM
uses this temporary segregation authority to preserve its ability to
approve, approve with modifications, or deny proposed ROWs, and to
facilitate the orderly administration of the public lands. This
temporary segregation is subject to valid existing rights, including
existing mining claims located before this segregation notice.
Licenses, permits, cooperative agreements, or discretionary land use
authorizations of a temporary nature which would not impact lands
identified in this notice may be allowed with the approval of an
authorized officer of the BLM during the segregation period. The lands
segregated under this notice are legally described as follows:
Mount Diablo Meridian, Mineral County, Nevada
Mount Diablo Meridian, Nevada
T. 12N., R. 27E.,
sec. 15 SW\1/4\, SW\1/4\SE\1/4\, SW\1/4\NW\1/4\;
sec. 16 S\1/2\, NE\1/4\;
sec. 17 S\1/2\;
sec. 20;
sec. 21;
sec. 22 S\1/2\, NW\1/4\, W\1/2\NE\1/4\;
sec. 23 SW\1/4\SW\1/4\;
sec. 25 SW\1/4\SW\1/4\;
sec. 26 S\1/2\, NW\1/4\, SW\1/4\NE\1/4\;
sec. 27 N\1/2\, N\1/2\SW\1/4\, N\1/2\SE\1/4\, SW\1/4\SW\1/4\,
SE\1/4\SE\1/4\, SE\1/4\SW\1/4\;
sec. 28;
sec. 29 E\1/2\, E\1/2\NW\1/4\, E\1/2\SW\1/4\;
sec. 32 NE\1/4\, N\1/2\SW\1/4\;
sec. 33 NW\1/4\, N\1/2\SW\1/4\, NW\1/4\SE\1/4\, SW\1/4\NE\1/4\,
NE\1/4\NE\1/4\;
sec. 35 E\1/2\, E\1/2\NW\1/4\, NW\1/4\NW\1/4\;
sec. 36 W1/2.
The area described contain 5,500 acres, according to the official
plats of the surveys and protraction diagrams of the said lands on file
with the BLM.
As provided in the regulations, the segregation of lands in this
notice will not exceed 2 years from the date of publication unless
extended for up to 2 additional years through publication of a new
notice in the Federal Register. Termination of the segregation occurs
on the earliest of the following dates: upon issuance of a decision by
the authorized officer granting, granting with modifications, or
denying the application for a ROW; automatically at the end of the
segregation; or upon publication of a Federal Register notice of
termination of the segregation.
Upon termination of the segregation of these lands, all lands
subject to this segregation would automatically reopen to appropriation
under the public land laws, including the mining laws.
Purpose and Need for the Proposed Action
The BLM's preliminary purpose and need for this Federal action is
to respond to Libra Solar LLC's ROW application 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
5,500 acres of BLM land in Mineral and Lyon Counties, Nevada. Pursuant
to section 501(a)(4) of FLPMA, the BLM is authorized to grant ROWs on
public lands for systems of generation, transmission, and distribution
of electrical energy.
Preliminary Proposed Action and Alternatives
The proposed action is to approve a ROW to Libra Solar LLC to
construct, operate, and eventually decommission the proposed solar
photovoltaic project and associated facilities, including battery
storage and a gen-tie transmission-line on approximately 5,500 acres of
BLM administered lands. The project may have a generating capacity of
up to 700 megawatts of alternating current energy.
Under the No Action Alternative, BLM would deny the ROW application
for the solar project and associated facilities. The proposed project
would not be constructed, and existing land uses in the project area
would continue. Additional action alternatives have not been identified
but may be developed through consideration of public comments and input
received during the application evaluation determination process and
scoping. The BLM welcomes comments on all preliminary alternatives as
well as suggestions for additional alternatives.
Summary of Expected Impacts
The analysis in the EIS will be focused on the proposed solar
project and associated facilities, including battery storage and gen-
tie transmission line construction. The BLM decided to continue
processing the proposed project application and complete
[[Page 24829]]
appropriate NEPA compliance per 43 CFR 2800 based on information
provided by the Applicant and input from other parties. Through this
process, the BLM conducted preliminary public outreach and coordination
with agencies and Tribal Nations specific to the proposed project. From
the input received, the expected impacts from construction, operation,
and eventual decommissioning of the solar project and associated
facilities could include:
* Potential effects to cultural resources in the project area from
construction activities;
* Potential effects to basin groundwater resources from the
proposed construction water needs for the project;
* Potential socioeconomic impacts from the proposed project to
local communities;
* Potential air quality impacts from proposed construction
activities;
* Potential impacts to vegetation and native plant communities from
construction, operations, and decommissioning of the project and
associated facilities;
* Potential impacts to rangeland resources from the construction
and operation of the facility;
* Potential effects to recreational opportunities and public use of
the proposed project area due to construction and operations of the
solar facility; and
* 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 issues
may be impacted by the proposed project and will be considered for
detailed analysis in the EIS: biological resources, vegetation
resources, visual resources, cultural resources, Native American
religious concerns, rangeland resources, air quality, climate change,
noise, transportation, geology, mineral resources, hazards and
hazardous materials, military and civilian aviation, recreation,
environmental justice, socioeconomics, water resources, and cumulative
effects from reasonably foreseeable actions in the area.
Anticipated Permits and Authorizations
Along with the requested ROW grant from the BLM, Libra Solar LLC
anticipates needing the following authorizations and permits for the
proposed project: 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 for Jurisdictional Waters Determination from the U.S. Army Corps
of Engineers; Wildlife Special Purpose permit from the Nevada
Department of Wildlife; Nevada Division of Environmental Protection
Major Source Permit from the Prevention of Significant Deterioration
Program, Stormwater and Groundwater Discharge permits and Temporary in
Waterways Work permit; Obstruction Evaluation with Federal Aviation
Administration in coordination with the U.S. Air Force; Nevada Division
of Forestry Native Cacti and Yucca Commercial Salvaging and
Transportation Permit; State List Endangered Species Take Permit;
Nevada Public Utilities Commission Environmental Protection Act Permit;
Nevada Division of Water Resources Groundwater Well Permit; Nevada
State Fire Marshall Hazardous Materials Storage permit; Nevada
Department of Transportation ROW Occupancy Permit; Mineral County
Special Use Permit; and other County permits, as necessary. Further
details on these permitting requirements may be found in the Plan of
Development for the Libra 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 45-day comment period on the Draft EIS. The Draft EIS is
anticipated to be available for public review December 2023 and the
Final EIS is anticipated to be released in June 2024 with a Record of
Decision expected in August 2024.
Public Scoping Process
This notice of intent initiates the scoping period, which will
guide the development and analysis of the Draft EIS.
The BLM will be holding one virtual scoping meeting as specified in
the Date section of this notice.
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 Libra Solar Project, 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 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 Carson City District Office is the lead agency for this
EIS. The BLM has initially invited 24 agencies and eight Tribal Nations
to be cooperating agencies to participate in the environmental analysis
of the project.
Of those invited to date, four agencies have agreed to participate
as cooperating agencies: Mineral County, Lyon County, Department of
Defense Hawthorne Army Depot, and the Nevada Department of Wildlife.
Additional agencies and organizations may be identified as potential
cooperating agencies to participate in the environmental analysis of
the project.
Responsible Official
The Carson City District Manager is the deciding official for this
proposed action.
Nature of Decision To Be Made
In accordance with the BLM's multiple use and sustained yield
mandates, the District Manager will decide whether to approve, approve
with modification(s), or deny issuance of a ROW grant to the Applicant
for the proposed project. Pursuant to 43 CFR 2805.10, if the BLM issues
ROW 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
and 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
[[Page 24830]]
fuels, geology/mineral resources and soils, hazardous materials,
hydrology, groundwater, invasive/non-native species, jurisdictional
delineations, lands and realty, rangelands, 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, elimination
over time, and compensation, and may be considered at multiple scales,
including the landscape scale.
The BLM will continue to consult with Tribal Nations on a
government-to-government basis in accordance with Executive Order
13175, BLM Manual 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 stakeholders that may be
interested in or affected by the BLM's proposed action 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 EIS as a
cooperating agency. The BLM intends to hold a series of government-to-
government consultation meetings. The BLM will send invitations to
potentially affected Tribal Nations prior to the meetings. The BLM will
provide additional opportunities for government-to-government
consultation during the NEPA process.
The BLM will also utilize and coordinate the NEPA process to help
support compliance with applicable procedural requirements under
Section 106 of 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. BLM will develop, in consultation with
identified consulting parties, 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 to the Nevada State
Historic Preservation Office, 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, 2800, 43 CFR 2091.3-1(e).)
Kimberly D. Dow,
Carson City District Manager.
[FR Doc. 2023-08560 Filed 4-21-23; 8:45 am]
BILLING CODE 4331-21-P
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</html>Indexed from Federal Register on April 24, 2023.
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