Notice2023-14411
Notice of Intent To Prepare an Environmental Impact Statement and To Amend the Resource Management Plan for the Lower Sonoran Field Office, and Notice of Segregation for the Proposed Vulcan Solar Project, Arizona
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 7, 2023
Effective
July 7, 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) Arizona State Director intends to prepare an Environmental Impact Statement (EIS) and associated Resource Management Plan (RMP) amendment to consider the effects of the Vulcan Solar Project (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. The BLM also announces the segregation of 8,911 acres of public lands from appropriation under the public land laws, including the Mining Law, but not the Mineral Leasing or Materials Acts, for a period of two years from the date of publication of this notice, subject to valid existing rights. This segregation will facilitate the orderly administration of the public lands while the BLM considers potential solar development on the described parcels.
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 129 (Friday, July 7, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 129 (Friday, July 7, 2023)]
[Notices]
[Pages 43380-43383]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-14411]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[BLM_AZ_FRN_MO4500172014]
Notice of Intent To Prepare an Environmental Impact Statement and
To Amend the Resource Management Plan for the Lower Sonoran Field
Office, and Notice of Segregation for the Proposed Vulcan Solar
Project, Arizona
AGENCY: Bureau of Land Management, Interior.
ACTION: Notice of intent and segregation.
-----------------------------------------------------------------------
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)
Arizona State Director intends to prepare an Environmental Impact
Statement (EIS) and associated Resource Management Plan (RMP) amendment
to consider the effects of the Vulcan Solar Project (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
[[Page 43381]]
public review. The BLM also announces the segregation of 8,911 acres of
public lands from appropriation under the public land laws, including
the Mining Law, but not the Mineral Leasing or Materials Acts, for a
period of two years from the date of publication of this notice,
subject to valid existing rights. This segregation will facilitate the
orderly administration of the public lands while the BLM considers
potential solar development on the described parcels.
DATES: The BLM requests the public submit comments concerning the scope
of the analysis, potential alternatives, and identification of relevant
information and studies by August 7, 2023. To afford the BLM the
opportunity to consider issues raised by commenters in the Draft EIS
and RMP amendment, please ensure your comments are received prior to
the close of the 30-day scoping period or 15 days after the last public
meeting, whichever is later. A virtual public scoping meeting will be
held 2-3 weeks after publication of this notice; the meeting date will
be announced on the Project ePlanning website at least 15 days prior to
the meeting. The segregation for the public lands identified in this
notice is effective on July 7, 2023.
ADDRESSES: You may submit comments on issues and planning criteria
related to the Project by any of the following methods:
<bullet> Website: <a href="https://eplanning.blm.gov/eplanning-ui/project/2024466/510">https://eplanning.blm.gov/eplanning-ui/project/2024466/510</a>
<bullet> Email: <a href="/cdn-cgi/l/email-protection#51131d1c0e100b0e01151e0e023e3d302311333d3c7f363e27"><span class="__cf_email__" data-cfemail="9edcd2d3c1dfc4c1cedad1c1cdf1f2ffecdefcf2f3b0f9f1e8">[email protected]</span></a>
<bullet> Mail: BLM, Lower Sonoran Field Office, Attention: Vulcan Solar
Project, 2020 East Bell Road, Phoenix, AZ 85022
Documents pertinent to this proposal may be examined online at the
Project's ePlanning website: <a href="https://eplanning.blm.gov/eplanning-ui/project/2024466/510">https://eplanning.blm.gov/eplanning-ui/project/2024466/510</a> and at the Lower Sonoran Field Office.
FOR FURTHER INFORMATION CONTACT: Matt Drahnak, Project Manager, at
<a href="/cdn-cgi/l/email-protection#f39e9781929b9d9298b3919f9edd949c85"><span class="__cf_email__" data-cfemail="91fcf5e3f0f9fff0fad1f3fdfcbff6fee7">[email protected]</span></a>, the mailing address above, or by phone at (602) 919-
1702. Contact Mr. Drahnak 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
Mr. Drahnak. 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
Arizona State Director intends to prepare an EIS and RMP amendment,
announces the beginning of the scoping process, and seeks public input
on issues and planning criteria. The BLM is evaluating permitting solar
energy facilities--including photovoltaic panels, batteries, and other
solar array infrastructure--within a designated utility corridor, which
would require amending the existing Lower Sonoran RMP to remove the
utility corridor designation from 921 acres of designated utility
corridors in order to allow for the placement of photovoltaic panels
and other project infrastructure.
The planning area is located in Maricopa County, Arizona, and
encompasses approximately 7,374 acres of public land.
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 purpose and need for action is to respond to Vulcan Solar's
application for a right-of-way (ROW) to construct, operate, maintain,
and decommission a solar photovoltaic project and associated facilities
on public land administered by the BLM, consistent with Title V of
FLPMA, regulations at 43 CFR part 2800, and other applicable laws and
regulations. In making its decision to issue a ROW grant, the BLM must
first consider conformance with existing RMPs (43 CFR 1610.5-3).
Because a portion of the proposed project would be in a designated
utility corridor that precludes this type of development, this EIS will
include analysis of an amendment to the Lower Sonoran RMP to remove the
utility corridor designation.
Preliminary Alternatives
The BLM has identified three preliminary alternatives, including
the No Action Alternative. The Proposed Action would authorize
development of a solar photovoltaic facility and battery storage system
on up to 7,374 acres of BLM-administered land in Maricopa County,
Arizona. The Project proposal includes photovoltaic modules, battery
energy storage facilities, substations, electrical collector and
connection lines, switch yards, monitoring and maintenance facilities,
access roads, and temporary use areas. The Project has a proposed
generating capacity of up to 1,050 megawatt alternating current net
capacity and would connect to the regional electrical grid via a
proposed nine-mile transmission line to the existing Hassayampa
Switchyard. As part of the Proposed Action, the BLM will consider an
amendment to the Lower Sonoran RMP to remove approximately 921 acres
from designated utility corridors, which would allow for placement of
photovoltaic arrays and other Project infrastructure. A second action
alternative called the Corridor Exclusion Alternative would authorize
the Project as proposed, minus the 921 acres within the designated
utility corridors, so no RMP amendment would be required. The No Action
Alternative would deny the ROW application; no RMP amendment would be
required. 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 interested stakeholders. The BLM has identified
one preliminary issue for this planning effort's analysis of the RMP
amendment. The planning criteria are available for public review and
comment at the ePlanning website (see ADDRESSES).
Summary of Expected Impacts
Anticipated impacts on BLM-managed lands from the proposed Project
and RMP amendment include up to 7,374 acres of ground disturbance for
the solar facility, battery storage systems, transmission lines,
operation and maintenance buildings, construction laydown areas, and
access roads. Potential impacts may include reduction in authorized
grazing; vegetation removal; recreation, access, and land use changes;
wildlife and migratory bird impacts including habitat loss and
potential direct mortalities during construction and operation; visual
impacts including glint and glare and an increase in nighttime
brightness; potential impacts to cultural resources and Native American
concerns; and socioeconomic impacts. Known resources to be addressed in
the analysis include, but are not limited to, air quality, visual
resources, environmental justice, social and economic values, mining
and minerals, land uses, Native American religious concerns,
recreation, grazing/range, cultural resources,
[[Page 43382]]
wildlife, migratory birds, threatened, endangered and sensitive
species, soils, water resources, invasive species and paleontology.
Impact analysis will also consider the cumulative impacts to natural
and cultural resources from reasonably foreseeable projects in the
area. Modifications to the designated utility corridor would likely
reduce future siting flexibility for linear utilities, including sub-
surface pipelines and overhead powerlines in the vicinity of the
corridor that would be undesignated.
Anticipated Permits and Authorizations
In addition to the requested ROW grant, other Federal, State, and
local authorizations would be required for the Project. These may
include authorizations determined through consultation under the
Endangered Species Act (ESA) (16 U.S.C. 1536 et seq.), Clean Water Act
(CWA) (33 U.S.C. 1251 et seq.), and other laws and regulations
determined to be applicable to the 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 a
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 in
Spring 2024, and the Proposed RMP Amendment is anticipated to be
available for public protest in Fall 2024, with a Record of Decision
and (if approved) Approved RMP Amendment expected in late 2024 or early
2025.
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 and RMP amendment. The BLM will hold one
virtual public scoping meeting (see DATES and ADDRESSES section
earlier). The meeting date, time, and information on how to attend will
be announced at least 15 days in advance on the Project ePlanning
website at <a href="https://eplanning.blm.gov/eplanning-ui/project/2024466/510">https://eplanning.blm.gov/eplanning-ui/project/2024466/510</a>
and via news release. Project information and documents will also be
posted on that website. Persons needing assistance (assistive
technology, translators, or other assistance) should contact Matt
Drahnak, Project Manager (see contact information above).
Segregation
Regulations found at 43 CFR 2804.25(f) allow the BLM to segregate
public lands included in an application for a ROW for solar energy
development from the operation of the public land laws, including the
Mining Law, by publication of a Federal Register notice. The BLM uses
this authority to preserve its ability to approve, approve with
modifications, or deny a proposed ROW, and to facilitate the orderly
administration of the public lands. This 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 that would
not impact lands identified in this notice may be allowed with the
approval of a BLM authorized officer during the segregation period. As
provided in the regulations, the segregation of lands in this notice
will not exceed two years from the date of publication unless extended
for up to an additional two years through publication of a new notice
in the Federal Register. The segregation period will terminate and the
land will automatically reopen to appropriation under the public land
laws, including the Mining Law, at 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;
without further administrative action at the end of the segregation
provided for in the Federal Register notice initiating the segregation;
or upon publication of a Federal Register notice terminating the
segregation.
The lands segregated under this notice are legally described as
follows:
Gila and Salt River Meridian, Arizona
T. 2 S., R. 6 W.,
Sec. 1, lots 4, 6, and 7, SW\1/4\NE\1/4\, S\1/2\NW\1/4\, SW\1/
4\, and W\1/2\SE\1/4\;
Sec. 2, lots 1 thru 3, S\1/2\NE\1/4\, SE\1/4\NW\1/4\, E\1/
2\SW\1/4\, and SE\1/4\;
Sec. 3, partly unsurveyed;
Sec. 4, NE\1/4\, NE\1/4\NW\1/4\, N\1/2\NW\1/4\NW\1/4\, N\1/
2\SE\1/4\NW\1/4\, and SE\1/4\, partly unsurveyed;
Sec. 5, S\1/2\NW\1/4\SW\1/4\, SW\1/4\SW\1/4\, and S\1/2\SE\1/
4\SW\1/4\, partly unsurveyed;
Sec. 6, S\1/2\NW\1/4\NE\1/4\, SW\1/4\NE\1/4\, S\1/2\SE\1/4\NE\1/
4\, NW\1/4\, and, S\1/2\, partly unsurveyed;
Sec. 7, N\1/2\, NE\1/4\SW\1/4\, N\1/2\SE\1/4\, and SE\1/4\SE\1/
4\, partly unsurveyed;
Sec. 8, NW\1/4\NE\1/4\, S\1/2\NE\1/4\, NW\1/4\, and S\1/2\,
unsurveyed;
Sec. 9, SW\1/4\ and SW\1/4\SE\1/4\, unsurveyed;
Sec. 10, NE\1/4\, N\1/2\NW\1/4\, and N\1/2\NE\1/4\SE\1/4\,
partly unsurveyed;
Sec. 11, E\1/2\, E\1/2\NW\1/4\, and E\1/2\SW\1/4\, partly
unsurveyed;
Sec. 12, partly unsurveyed;
Sec. 13, N\1/2\, N\1/2\NE\1/4\SW\1/4\, and N\1/2\SE\1/4\, partly
unsurveyed;
Sec. 14, NE\1/4\NE\1/4\, N\1/2\NW\1/4\NE\1/4\, and N\1/2\SE\1/
4\NE\1/4\, unsurveyed;
Sec. 15, W\1/2\SW\1/4\, unsurveyed;
Sec. 16, W\1/2\NE\1/4\NE\1/4\, W\1/2\NE\1/4\, SE\1/4\NE\1/4\,
NW\1/4\, and N\1/2\NE\1/4\SE\1/4\, unsurveyed;
Sec. 17, N\1/2\NE\1/4\, N\1/2\SE\1/4\NE\1/4\, NE\1/4\NW\1/4\,
and N\1/2\NW\1/4\NW\1/4\, unsurveyed.
T. 1 S., R. 7 W.,
Sec. 26, SW\1/4\ and S\1/2\SE\1/4\;
Sec. 27, S\1/2\NE\1/4\, NW\1/4\, and S\1/2\;
Sec. 28, E\1/2\SE\1/4\;
Sec. 33, NE\1/4\NE\1/4\, S\1/2\NE\1/4\, and NW\1/4\SE\1/4\;
Sec. 34, N\1/2\ and SE\1/4\;
Sec. 35, N\1/2\, SW\1/4\, N\1/2\SE\1/4\, and SW\1/4\SE\1/4\.
T. 2 S., R. 7 W.,
Sec. 1, S\1/2\NE\1/4\, E\1/2\SW\1/4\, S\1/2\NW\1/4\SW\1/4\, and
SE\1/4\;
Sec. 2, lot 4;
Sec. 3, lot 1;
Sec. 12, N\1/2\NE\1/4\, SE\1/4\NE\1/4\, and NE\1/4\NW\1/4\.
The areas described contain 8,911 acres, according to the
official plats of the surveys and protraction diagrams of the said
lands, on file with the BLM.
Cooperating Agencies
These Federal agencies have agreed to participate as Cooperating
Agencies under a Memorandum of Understanding to Improve Public Land
Renewable Energy Project Permit Coordination: the U.S. Fish and
Wildlife Service, Bureau of Reclamation, Department of Defense,
Department of Energy, and Environmental Protection Agency. Local,
State, and Tribal agencies wishing to be considered as a Cooperating
Agency on this effort, either on the basis of their jurisdiction by law
or special expertise, are invited to express their interest to Matt
Drahnak, Project Manager (see contact information above).
Responsible Official
The BLM Arizona State Director is the deciding official for this
planning effort and notice of segregation. The Authorized Officer and
Decision Maker for the Project is the BLM Lower Sonoran Field Office
Manager.
Nature of Decision To Be Made
The BLM will decide whether to approve, approve with
modification(s), or deny the implementation-level decision for the
issuance of a ROW grant to the applicant for the proposed Project. The
nature of the planning decision to be made will be the State Director's
selection of land use planning decisions pursuant to this RMP amendment
for managing BLM-administered lands under the principles
[[Page 43383]]
of multiple use and sustained yield in a manner that best addresses the
purpose and need.
Interdisciplinary Team
The BLM will use an interdisciplinary approach to develop the plan
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 planning effort: lands and realty,
wildlife, botany, archaeology, air quality, hydrology, socioeconomics,
outdoor recreation, rangeland management, soils, and visual resources.
Additional Information
The BLM will identify, analyze, and consider mitigation to address
the reasonably foreseeable impacts to resources from the Project and
proposed RMP 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 Action including the
proposed RMP 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. Information about historic and
cultural resources and threatened and endangered species within the
area potentially affected by the Project and proposed RMP amendment
will assist the BLM in identifying and evaluating impacts to such
resources.
The BLM will consult with Indian Tribal Nations on a government-to-
government basis in accordance with Executive Order 13175, BLM MS 1780,
and other Departmental policies. Tribal concerns, including impacts on
Indian trust assets and potential impacts to cultural resources, will
be given due consideration.
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, 43 CFR 2091, 43 CFR 2800.)
Raymond Suazo,
State Director.
[FR Doc. 2023-14411 Filed 7-6-23; 8:45 am]
BILLING CODE 4331-12-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on July 7, 2023.
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.