Badger State Solar, LLC; Notice of Availability of a Draft Environmental Impact Statement and Notice of Public Meeting, 11405-11407 [2022-04203]
Download as PDF
<![CDATA[
Federal Register / Vol. 87, No. 40 / Tuesday, March 1, 2022 / Notices
through the Federal Relay Service at
(800) 877–8339.
To file a program discrimination
complaint, a complainant should
complete a Form AD–3027, USDA
Program Discrimination Complaint
Form, which can be obtained online at
https://www.ocio.usda.gov/document/
ad-3027, from any USDA office, by
calling (866) 632–9992, or by writing a
letter addressed to USDA. The letter
must contain the complainant’s name,
address, telephone number, and a
written description of the alleged
discriminatory action in sufficient detail
to inform the Assistant Secretary for
Civil Rights (ASCR) about the nature
and date of the alleged civil rights
violation. The completed AD–3027 form
or letter must be submitted to USDA by:
(1) Mail: U.S. Department of
Agriculture, Office of the Assistant
Secretary for Civil Rights, 1400
Independence Avenue SW, Washington,
DC 20250–9410;
(2) Fax: (833) 256–1665 or (202) 690–
7442; or
(3) Email: program.intake@usda.gov.
Karama Neal,
Administrator, Rural Business-Cooperative
Service.
[FR Doc. 2022–04293 Filed 2–28–22; 8:45 am]
BILLING CODE 3410–XY–P
DEPARTMENT OF AGRICULTURE
Rural Utilities Service
[Docket #: RUS–22–ELECTRIC–0011]
Badger State Solar, LLC; Notice of
Availability of a Draft Environmental
Impact Statement and Notice of Public
Meeting
Rural Utilities Service, USDA.
Notice of availability of a draft
environmental impact statement and
notice of public meeting.
AGENCY:
ACTION:
The Rural Utilities Service
(RUS) announces that a Draft
Environmental Impact Statement (EIS)
for a project proposed by Badger State
Solar, LLC is available for public review
and comment. RUS is publishing the
Draft EIS to inform interested parties
and the general public about the project
proposal and to invite the public to
comment on the scope, Proposed
Action, and other issues addressed in
the Draft EIS. The Draft EIS was
prepared in accordance with the
National Environmental Policy Act of
1969 (NEPA), as amended, Council on
Environmental Quality (CEQ)
regulations for implementing the
procedural provisions of NEPA, and
jspears on DSK121TN23PROD with NOTICES1
SUMMARY:
VerDate Sep<11>2014
19:01 Feb 28, 2022
Jkt 256001
RUS, Environmental Policies and
Procedures and evaluates the potential
direct, indirect, and cumulative
environmental effects related to
providing financial assistance for the
Badger State Solar, LLC’s Alternating
Current solar project (Project). Badger
State Solar intends to request financial
assistance from RUS for the Proposed
Action and information contained in the
EIS will serve as a basis for the decision
regarding whether to provide the
requested financial assistance. RUS has
determined that its action regarding the
Proposed Action is an undertaking
subject to review under Section 106 of
the National Historic Preservation Act
and its implementing regulation,
‘‘Protection of Historic Properties’’ and
as part of its broad environmental
review process, RUS must take into
account the effect of the Proposed
Action on historic properties. With this
notice, RUS invites any affected federal,
state, and local agencies, Tribes, and
other interested persons to comment on
the scope, alternatives, and significant
issues to be analyzed in depth in the
EIS.
DATES: Written comments on this Draft
EIS must be received during the
comment period, which begins March
4th and ends April 18th. A public
meeting to solicit comments on the Draft
EIS will be held in a virtual format on
Tuesday, March 22nd, at 7 p.m. EST via
Zoom. Written comments may be
submitted via email to
BadgerStateSolarEIS@usda.gov or by
mail as noted in the FOR FURTHER
INFORMATION CONTACT section of this
notice.
Those wishing to attend the meeting
are invited to register online at the
virtual public meeting room website
https://badgerstatesolar.consultation.ai.
An email will be sent to registrants with
information for how to access the
meeting. Attendees will be able to
provide oral and written comments
during the meeting. Oral comments
from the public will be recorded by a
certified court reporter. The virtual
public meeting room is an interactive
website which will be available
throughout the public comment period.
Attendees will also be able to submit
written comments through the virtual
public meeting room website. All
comments submitted during the public
review period, oral or written, will
become part of the public record. Before
including your address, telephone
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
PO 00000
Frm 00011
Fmt 4703
Sfmt 4703
11405
be made publicly available at any time.
All comments will be reviewed and
responded to in the Final EIS. For
consideration in the Final EIS,
comments must be postmarked or
received online by 11:59 p.m. EST on
Monday, April 18th.
ADDRESSES: The Draft EIS and other
Project-related information is available
at RUS’s and Badger State Solar’s
websites located at: https://
www.rd.usda.gov/resources/
environmental-studies/impactstatements, https://badgerstatesolar.
consultation.ai, and https://
www.badgerstatesolar.com.
In addition, hard copies of the
documents are available at the Jefferson
Public Library in Jefferson, WI, the
Cambridge Community Library in
Cambridge, WI and the Lake Mills
Library in Lake Mills, WI. Parties
wishing to be placed on the mailing list
for future information or to receive hard
or electronic copies of the EIS should
also contact the person contact below.
FOR FURTHER INFORMATION CONTACT:
Questions can be directed to Peter
Steinour, 202–961–6140,
BadgerStateSolarEIS@usda.gov during
the open comment period. Comments
submitted after the comment period
may not be considered by the agency.
This email address may also be used to
request consulting party status and to
inquire about additional information.
Written comments may also be
submitted by mail to United States
Department of Agriculture, Attention:
Peter Steinour, Mail Stop 1570, Rural
Utilities Service, WEP/EES, 1400
Independence Ave. SW, Washington,
DC 20250 during the open comment
period. Comments submitted after the
comment period may not be considered
by the agency. This mail address may
also be used to request consulting party
status and to inquire about additional
information.
Project-related information will be
available at RUS’s and Badger State
Solar’s websites located at: https://
www.rd.usda.gov/resources/
environmental-studies/impactstatements, https://badgerstatesolar.
consultation.ai, and https://
www.badgerstatesolar.com.
Due to the COVID–19 pandemic,
electronic communication is preferred
because delivery of hard copies by mail
may not be delivered in a timely
manner.
SUPPLEMENTARY INFORMATION:
1. Agencies Involved and Status
Rural Utilities Service, Lead Agency
United States Army Corps of Engineers,
Consulting Party for Section 106
E:\FR\FM\01MRN1.SGM
01MRN1
11406
Federal Register / Vol. 87, No. 40 / Tuesday, March 1, 2022 / Notices
United States Fish and Wildlife Service,
Participating Agency
jspears on DSK121TN23PROD with NOTICES1
2. Project Description and Location
Badger State Solar proposes to
construct, install, operate, and maintain
a 149-megawatt photovoltaic
Alternating Current solar energy
generating facility on a site in the
Townships of Jefferson and Oakland, in
Jefferson County, Wisconsin. The
Proposed Action involves
approximately 1,200 acres located on
the north and south sides of U.S.
Highway 18, approximately 2-miles
west of the City of Jefferson and west of
State Highway 89. Site land cover is
predominantly agricultural crops and
pasture, with some forest and wetland.
Bader State Solar estimates the total
project cost will be approximately
$225,000,000. Project construction
would begin in October 2022.
Construction would be complete and
the project would be expected to come
online by Fall 2023.
Construction involves the installation
on leased lands of 487,848 single-axis
tracking PV panels. The PV panels
would be mounted on a steel racking
frame. Supporting facilities include an
electrical substation. The lease
agreement allows for an operating
period of 40 years. A power purchase
agreement (PPA) has been executed
with Dairyland Power Cooperative for
the entire output of the Project. The
proposed site is near the point of
interconnection to the grid at the
American Transmission Company
Jefferson substation near the
intersection of State Trunk Highway 89
and U.S. Highway 18.
Construction equipment would
include graders, bulldozers, excavators,
forklifts, trailers, plows, trenchers, pile
drivers, and directional boring rigs.
Vehicles for transporting construction
materials and components primarily
would be legal load over-the road
flatbed and box trucks. Transport would
use existing regional roads, bridges, and
intersections. Laydown areas would be
established within the Project site.
Internal site access roads would be
required. The site would be fenced.
3. Purpose and Need for the Action
The Rural Electrification Act of 1936
(REA), as amended (7 U.S.C. 901 et seq.)
authorizes the Secretary of Agriculture
to make rural electrification and
telecommunication loans, and specifies
eligible borrowers, references, purposes,
terms and conditions, and security
requirements. RUS is authorized to
make loans and loan guarantees to
finance the construction of electric
distribution, transmission, and
VerDate Sep<11>2014
19:01 Feb 28, 2022
Jkt 256001
generation facilities, including system
improvements and replacements
required to furnish and improve electric
service in rural areas, as well as
demand-side management, electricity
conservation programs, and on- and offgrid renewable electricity systems.
The Applicant intends to request
financing assistance from RUS for the
Project’s 149–MW solar array in
Jefferson County, Wisconsin. RUS’s
proposed federal action is to decide
whether to provide financing assistance
for the Project.
As part of its review process, RUS is
required to complete the NEPA process
along with other technical and financial
considerations in processing the
Applicant’s application. RUS agency
actions include the following:
1. Provide engineering reviews of the
purpose and need, engineering
feasibility, and cost of the Project.
2. Ensure that the Project meets the
borrower’s requirements and prudent
utility practices.
3. Evaluate the financial ability of the
borrower to repay its potential financial
obligations to RUS.
4. Ensure that NEPA and other
environmental laws and requirements
and RUS environmental policies and
procedures are satisfied prior to taking
a federal action.
While RUS is authorized under REA
to finance electric generation
infrastructure in rural areas, it is the
Midcontinent Independent System
Operator, Inc. (MISO), not RUS, who is
responsible for electric grid planning.
Supporting renewable energy projects
meets both RUS’s goal to support
infrastructure development in rural
communities and USDA’s support of the
June 2013 Climate Action Plan, which
encourages voluntary actions to increase
energy independence.
The Applicant’s purpose and need for
the Proposed Action is to develop a
utility-scale solar facility in Jefferson
County, Wisconsin, to replace load
demand on local utilities, including
Dairyland Power, resulting from coalfired power plant closures or scheduled
decommissioning.
4. Issues of Concern
In the EIS, the effects of the proposal
are compared to the existing conditions
in the affected area of the proposal.
Issues of concern evaluated in the EIS
include soils and geology, water
resources, air quality, acoustic
environment, biological resources, land
resources, visual resources,
transportation, cultural resources, site
contamination public health and safety,
socioeconomics, and environmental
justice.
PO 00000
Frm 00012
Fmt 4703
Sfmt 4703
Badger State has submitted an
Application for a Certificate of Public
Convenience and Necessity (CPCN) to
the Public Service Commission of
Wisconsin (PSC). Consultations have
been conducted with the Wisconsin
Department of Natural Resources
(WDNR) and an endangered resource
review (ER) has been submitted to the
agency. Consultations with other
agencies include the Federal Aviation
Administration (FAA), Natural
Resources Conservation Service (NRCS),
U.S. Environmental Protection Agency
(USEPA), and informal consultation
with the U.S. Fish and Wildlife Service
(USFWS). Badger State has consulted
property owners, local town and county
officials and staff, state elected
representatives, Wisconsin Department
of Agriculture Trade and Consumer
Protection, and engaged the general
public.
The USFWS concurred that the
proposed project may affect, but is not
likely to adversely affect, whooping
crane. The USFWS concurred that
Project minimization measures during
constriction are expected to avoid or
minimize disturbance to the whooping
cranes and that minor loss of stopover
and feeding habitat would not be likely
to negatively impact the species.
Additionally, the USFWS concurred
that the Project is consistent with
activities analyzed in the Programmatic
Biological Opinion for the northern
long-eared bat. Finally, the USFWS
provided guidance on National Bald
Eagle Management Guidelines and
incidental take permits,
recommendations for site selection and
layout, and recommendations for project
construction.
5. Alternatives To Be Considered
Potential locations for development of
the solar facility in Wisconsin were
evaluated in an initial preliminary site
review to identify locations where
electric transmission infrastructure
would be sufficient to connect a solar
project to the power grid. The Site
Selection Study consisted of three
phases of evaluation which began with
18 potential sites and ended with the
identification of the proposed site in
Jefferson County as the most feasible for
consideration. The potential impacts of
the No Action Alternative and the
Proposed Action, construction of the
Badger State Solar project in Jefferson
County, Wisconsin, are analyzed in
detail.
6. Overview of the Scoping Process
RUS is using its procedures for public
involvement under NEPA to meet its
responsibilities to solicit and consider
E:\FR\FM\01MRN1.SGM
01MRN1
jspears on DSK121TN23PROD with NOTICES1
Federal Register / Vol. 87, No. 40 / Tuesday, March 1, 2022 / Notices
the views of the public during Section
106 review. Accordingly, comments
submitted in response to this Notice
will inform RUS decision-making
during Section 106 review. As noted in
the Federal Register notice announcing
the intent to prepare an EIS on October
5, 2021, the RUS invited any interested
party wishing to participate directly
with the agency as a ‘‘consulting party’’
in Section 106 review may submit a
written request to the RUS contact
provided below. Pursuant to 36 CFR
800.3(f)(3), RUS will consider, and
provide a timely response to, any and
all requests for consulting party status.
The Notice of Intent (NOI) to prepare
the Badger State Solar EIS and to hold
a virtual public scoping meeting was
published in the Federal Register on
October 5, 2021, initiating the 30-day
public scoping period. The NOI also
announced a virtual public scoping
meeting held on October 26. The NOI is
provided in the Scoping Report. In
addition to the NOI, a notice was
published in the Daily Jefferson County
Union and Watertown Daily Times
newspapers published on October 6, 7,
and 8, 2021.
The NOI and other project
information (including the Alternative
Evaluation and Site Selection Studies)
was available for review on the RUS and
Badger State Solar websites (https://
www.rd.usda.gov/resources/
environmental-studies/impactstatements, https://badgerstatesolar.
consultation.ai, and https://www.badger
statesolar.com) and also at the following
locations (Jefferson Public Library in
Jefferson, WI; the Cambridge
Community Library in Cambridge, WI
and the Lake Mills Library in Lake
Mills, WI).
RUS hosted the virtual public scoping
meeting on October 26. RUS also hosted
an interagency meeting on October 28.
In addition to the public involvement
process described above, Badger State
Solar consulted with the Wisconsin
Department of Natural Resources
(WDNR) and an endangered resource
review has been submitted to the
agency. Badger State Solar also
consulted with the Federal Aviation
Administration (FAA), property owners,
local town and county officials and
staff, state elected representatives, and
Wisconsin Department of Agriculture
Trade and Consumer Protection. RUS
has initiated consultation with the
Wisconsin State Historic Preservation
Officer (SHPO), Natural Resources
Conservation Service (NRCS), and
informal consultation with the U.S. Fish
and Wildlife Service (USFWS). RUS
initiated informal consultation with the
USFWS in a letter dated October 15,
VerDate Sep<11>2014
19:01 Feb 28, 2022
Jkt 256001
2021. USFWS concurred with the
finding that the Proposed Action may
affect, but is not likely to adversely
affect listed or proposed species or
designated critical habitat in an email
dated December 21, 2021. A summary of
the scoping process and public input is
provided in the Draft EIS.
7. Decision Process
The Draft EIS will be available for
review and comment for 45 days.
Following the 45-day review period,
RUS will prepare a Final EIS. All
comments received on the Draft EIS will
be duly considered in preparing the
Final EIS, which is expected to be
available by August 2022. The
availability of the Final EIS for public
review will be announced in the
Federal Register and the local
newspapers used in previous public
notices. After publication of the Final
EIS a Record of Decision (ROD) will be
prepared documenting the Agency’s
decision regarding Badger State Solar’s
request for financial assistance. Notices
announcing the availability of the ROD
will be published in the Federal
Register and in local newspapers.
Any final action by RUS related to the
proposal will be subject to, and
contingent upon, compliance with all
relevant executive orders and federal,
state, and local environmental laws and
regulations in addition to the
completion of the environmental review
requirements as prescribed in RUS
Environmental Policies and Procedures,
7 CFR part 1970.
Christopher A. McLean,
Acting Administrator, Rural Utilities Service,
U.S. Department of Agriculture.
[FR Doc. 2022–04203 Filed 2–28–22; 8:45 am]
BILLING CODE 3410–15–P
COMMISSION ON CIVIL RIGHTS
Notice of Public Meeting of the
Pennsylvania Advisory Committee to
the U.S. Commission on Civil Rights
U.S. Commission on Civil
Rights.
ACTION: Announcement of meeting.
AGENCY:
Notice is hereby given,
pursuant to the provisions of the rules
and regulations of the U.S. Commission
on Civil Rights (Commission) and the
Federal Advisory Committee Act that
the Pennsylvania Advisory Committee
(Committee) to the U.S. Commission on
Civil Rights will hold a meeting on
Friday April 8, 2022 at 12:00 p.m.
Eastern time. The Committee will
continue to discuss civil rights and fair
housing in the state.
SUMMARY:
PO 00000
Frm 00013
Fmt 4703
Sfmt 4703
11407
The meeting will take place on
Friday April 8, 2022 from 12:00 p.m.–
1:00 p.m. Eastern time.
Online Regisration (Audio/Visual):
https://bit.ly/3HPpBoV.
Telephone (Audio Only): Dial 800–
360–9505 USA Toll Free; Access code:
2761 149 6319.
FOR FURTHER INFORMATION CONTACT:
Melissa Wojnaroski, DFO, at
mwojnaroski@usccr.gov or 312–353–
8311.
DATES:
Members
of the public may listen to these
discussions. Committee meetings are
available to the public through the
above listed online registration link or
call in number. Any interested member
of the public may call this number and
listen to the meeting. An open comment
period will be provided to allow
members of the public to make a
statement as time allows. Callers can
expect to incur regular charges for calls
they initiate over wireless lines,
according to their wireless plan. The
Commission will not refund any
incurred charges. Callers will incur no
charge for calls they initiate over landline connections to the toll-free
telephone number. Individuals who are
deaf, deafblind and hard of hearing may
also follow the proceedings by first
calling the Federal Relay Service at 1–
800–877–8339 and providing the
Service with the conference call number
and conference ID number.
Members of the public are also
entitled to submit written comments;
the comments must be received in the
regional office within 30 days following
the meeting. Written comments may be
emailed to Corrine Sanders at csanders@
usccr.gov. Persons who desire
additional information may contact the
Regional Programs Unit at (312) 353–
8311.
Records generated from this meeting
may be inspected and reproduced at the
Regional Programs Unit Office, as they
become available, both before and after
the meeting. Records of the meeting will
be available via www.facadatabase.gov
under the Commission on Civil Rights,
Pennsylvania Advisory Committee link.
Persons interested in the work of this
Committee are directed to the
Commission’s website, https://
www.usccr.gov, or may contact the
Regional Programs Unit at the above
email or street address.
SUPPLEMENTARY INFORMATION:
Agenda
Welcome and Roll Call
Discussion: Civil Rights and Fair
Housing in Pennsylvania
Future Plans and Actions
Public Comment
E:\FR\FM\01MRN1.SGM
01MRN1
]]>Agencies
[Federal Register Volume 87, Number 40 (Tuesday, March 1, 2022)]
[Notices]
[Pages 11405-11407]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-04203]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Rural Utilities Service
[Docket #: RUS-22-ELECTRIC-0011]
Badger State Solar, LLC; Notice of Availability of a Draft
Environmental Impact Statement and Notice of Public Meeting
AGENCY: Rural Utilities Service, USDA.
ACTION: Notice of availability of a draft environmental impact
statement and notice of public meeting.
-----------------------------------------------------------------------
SUMMARY: The Rural Utilities Service (RUS) announces that a Draft
Environmental Impact Statement (EIS) for a project proposed by Badger
State Solar, LLC is available for public review and comment. RUS is
publishing the Draft EIS to inform interested parties and the general
public about the project proposal and to invite the public to comment
on the scope, Proposed Action, and other issues addressed in the Draft
EIS. The Draft EIS was prepared in accordance with the National
Environmental Policy Act of 1969 (NEPA), as amended, Council on
Environmental Quality (CEQ) regulations for implementing the procedural
provisions of NEPA, and RUS, Environmental Policies and Procedures and
evaluates the potential direct, indirect, and cumulative environmental
effects related to providing financial assistance for the Badger State
Solar, LLC's Alternating Current solar project (Project). Badger State
Solar intends to request financial assistance from RUS for the Proposed
Action and information contained in the EIS will serve as a basis for
the decision regarding whether to provide the requested financial
assistance. RUS has determined that its action regarding the Proposed
Action is an undertaking subject to review under Section 106 of the
National Historic Preservation Act and its implementing regulation,
``Protection of Historic Properties'' and as part of its broad
environmental review process, RUS must take into account the effect of
the Proposed Action on historic properties. With this notice, RUS
invites any affected federal, state, and local agencies, Tribes, and
other interested persons to comment on the scope, alternatives, and
significant issues to be analyzed in depth in the EIS.
DATES: Written comments on this Draft EIS must be received during the
comment period, which begins March 4th and ends April 18th. A public
meeting to solicit comments on the Draft EIS will be held in a virtual
format on Tuesday, March 22nd, at 7 p.m. EST via Zoom. Written comments
may be submitted via email to [email protected] or by mail
as noted in the FOR FURTHER INFORMATION CONTACT section of this notice.
Those wishing to attend the meeting are invited to register online
at the virtual public meeting room website https://badgerstatesolar.consultation.ai. An email will be sent to registrants
with information for how to access the meeting. Attendees will be able
to provide oral and written comments during the meeting. Oral comments
from the public will be recorded by a certified court reporter. The
virtual public meeting room is an interactive website which will be
available throughout the public comment period. Attendees will also be
able to submit written comments through the virtual public meeting room
website. All comments submitted during the public review period, oral
or written, will become part of the public record. Before including
your address, telephone 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. All comments will be reviewed and
responded to in the Final EIS. For consideration in the Final EIS,
comments must be postmarked or received online by 11:59 p.m. EST on
Monday, April 18th.
ADDRESSES: The Draft EIS and other Project-related information is
available at RUS's and Badger State Solar's websites located at:
https://www.rd.usda.gov/resources/environmental-studies/impact-statements, https://badgerstatesolar.consultation.ai, and https://www.badgerstatesolar.com.
In addition, hard copies of the documents are available at the
Jefferson Public Library in Jefferson, WI, the Cambridge Community
Library in Cambridge, WI and the Lake Mills Library in Lake Mills, WI.
Parties wishing to be placed on the mailing list for future information
or to receive hard or electronic copies of the EIS should also contact
the person contact below.
FOR FURTHER INFORMATION CONTACT: Questions can be directed to Peter
Steinour, 202-961-6140, [email protected] during the open
comment period. Comments submitted after the comment period may not be
considered by the agency. This email address may also be used to
request consulting party status and to inquire about additional
information.
Written comments may also be submitted by mail to United States
Department of Agriculture, Attention: Peter Steinour, Mail Stop 1570,
Rural Utilities Service, WEP/EES, 1400 Independence Ave. SW,
Washington, DC 20250 during the open comment period. Comments submitted
after the comment period may not be considered by the agency. This mail
address may also be used to request consulting party status and to
inquire about additional information.
Project-related information will be available at RUS's and Badger
State Solar's websites located at: https://www.rd.usda.gov/resources/environmental-studies/impact-statements, https://badgerstatesolar.consultation.ai, and https://www.badgerstatesolar.com.
Due to the COVID-19 pandemic, electronic communication is preferred
because delivery of hard copies by mail may not be delivered in a
timely manner.
SUPPLEMENTARY INFORMATION:
1. Agencies Involved and Status
Rural Utilities Service, Lead Agency
United States Army Corps of Engineers, Consulting Party for Section 106
[[Page 11406]]
United States Fish and Wildlife Service, Participating Agency
2. Project Description and Location
Badger State Solar proposes to construct, install, operate, and
maintain a 149-megawatt photovoltaic Alternating Current solar energy
generating facility on a site in the Townships of Jefferson and
Oakland, in Jefferson County, Wisconsin. The Proposed Action involves
approximately 1,200 acres located on the north and south sides of U.S.
Highway 18, approximately 2-miles west of the City of Jefferson and
west of State Highway 89. Site land cover is predominantly agricultural
crops and pasture, with some forest and wetland. Bader State Solar
estimates the total project cost will be approximately $225,000,000.
Project construction would begin in October 2022. Construction would be
complete and the project would be expected to come online by Fall 2023.
Construction involves the installation on leased lands of 487,848
single-axis tracking PV panels. The PV panels would be mounted on a
steel racking frame. Supporting facilities include an electrical
substation. The lease agreement allows for an operating period of 40
years. A power purchase agreement (PPA) has been executed with
Dairyland Power Cooperative for the entire output of the Project. The
proposed site is near the point of interconnection to the grid at the
American Transmission Company Jefferson substation near the
intersection of State Trunk Highway 89 and U.S. Highway 18.
Construction equipment would include graders, bulldozers,
excavators, forklifts, trailers, plows, trenchers, pile drivers, and
directional boring rigs. Vehicles for transporting construction
materials and components primarily would be legal load over-the road
flatbed and box trucks. Transport would use existing regional roads,
bridges, and intersections. Laydown areas would be established within
the Project site. Internal site access roads would be required. The
site would be fenced.
3. Purpose and Need for the Action
The Rural Electrification Act of 1936 (REA), as amended (7 U.S.C.
901 et seq.) authorizes the Secretary of Agriculture to make rural
electrification and telecommunication loans, and specifies eligible
borrowers, references, purposes, terms and conditions, and security
requirements. RUS is authorized to make loans and loan guarantees to
finance the construction of electric distribution, transmission, and
generation facilities, including system improvements and replacements
required to furnish and improve electric service in rural areas, as
well as demand-side management, electricity conservation programs, and
on- and off-grid renewable electricity systems.
The Applicant intends to request financing assistance from RUS for
the Project's 149-MW solar array in Jefferson County, Wisconsin. RUS's
proposed federal action is to decide whether to provide financing
assistance for the Project.
As part of its review process, RUS is required to complete the NEPA
process along with other technical and financial considerations in
processing the Applicant's application. RUS agency actions include the
following:
1. Provide engineering reviews of the purpose and need, engineering
feasibility, and cost of the Project.
2. Ensure that the Project meets the borrower's requirements and
prudent utility practices.
3. Evaluate the financial ability of the borrower to repay its
potential financial obligations to RUS.
4. Ensure that NEPA and other environmental laws and requirements
and RUS environmental policies and procedures are satisfied prior to
taking a federal action.
While RUS is authorized under REA to finance electric generation
infrastructure in rural areas, it is the Midcontinent Independent
System Operator, Inc. (MISO), not RUS, who is responsible for electric
grid planning. Supporting renewable energy projects meets both RUS's
goal to support infrastructure development in rural communities and
USDA's support of the June 2013 Climate Action Plan, which encourages
voluntary actions to increase energy independence.
The Applicant's purpose and need for the Proposed Action is to
develop a utility-scale solar facility in Jefferson County, Wisconsin,
to replace load demand on local utilities, including Dairyland Power,
resulting from coal-fired power plant closures or scheduled
decommissioning.
4. Issues of Concern
In the EIS, the effects of the proposal are compared to the
existing conditions in the affected area of the proposal. Issues of
concern evaluated in the EIS include soils and geology, water
resources, air quality, acoustic environment, biological resources,
land resources, visual resources, transportation, cultural resources,
site contamination public health and safety, socioeconomics, and
environmental justice.
Badger State has submitted an Application for a Certificate of
Public Convenience and Necessity (CPCN) to the Public Service
Commission of Wisconsin (PSC). Consultations have been conducted with
the Wisconsin Department of Natural Resources (WDNR) and an endangered
resource review (ER) has been submitted to the agency. Consultations
with other agencies include the Federal Aviation Administration (FAA),
Natural Resources Conservation Service (NRCS), U.S. Environmental
Protection Agency (USEPA), and informal consultation with the U.S. Fish
and Wildlife Service (USFWS). Badger State has consulted property
owners, local town and county officials and staff, state elected
representatives, Wisconsin Department of Agriculture Trade and Consumer
Protection, and engaged the general public.
The USFWS concurred that the proposed project may affect, but is
not likely to adversely affect, whooping crane. The USFWS concurred
that Project minimization measures during constriction are expected to
avoid or minimize disturbance to the whooping cranes and that minor
loss of stopover and feeding habitat would not be likely to negatively
impact the species. Additionally, the USFWS concurred that the Project
is consistent with activities analyzed in the Programmatic Biological
Opinion for the northern long-eared bat. Finally, the USFWS provided
guidance on National Bald Eagle Management Guidelines and incidental
take permits, recommendations for site selection and layout, and
recommendations for project construction.
5. Alternatives To Be Considered
Potential locations for development of the solar facility in
Wisconsin were evaluated in an initial preliminary site review to
identify locations where electric transmission infrastructure would be
sufficient to connect a solar project to the power grid. The Site
Selection Study consisted of three phases of evaluation which began
with 18 potential sites and ended with the identification of the
proposed site in Jefferson County as the most feasible for
consideration. The potential impacts of the No Action Alternative and
the Proposed Action, construction of the Badger State Solar project in
Jefferson County, Wisconsin, are analyzed in detail.
6. Overview of the Scoping Process
RUS is using its procedures for public involvement under NEPA to
meet its responsibilities to solicit and consider
[[Page 11407]]
the views of the public during Section 106 review. Accordingly,
comments submitted in response to this Notice will inform RUS decision-
making during Section 106 review. As noted in the Federal Register
notice announcing the intent to prepare an EIS on October 5, 2021, the
RUS invited any interested party wishing to participate directly with
the agency as a ``consulting party'' in Section 106 review may submit a
written request to the RUS contact provided below. Pursuant to 36 CFR
800.3(f)(3), RUS will consider, and provide a timely response to, any
and all requests for consulting party status.
The Notice of Intent (NOI) to prepare the Badger State Solar EIS
and to hold a virtual public scoping meeting was published in the
Federal Register on October 5, 2021, initiating the 30-day public
scoping period. The NOI also announced a virtual public scoping meeting
held on October 26. The NOI is provided in the Scoping Report. In
addition to the NOI, a notice was published in the Daily Jefferson
County Union and Watertown Daily Times newspapers published on October
6, 7, and 8, 2021.
The NOI and other project information (including the Alternative
Evaluation and Site Selection Studies) was available for review on the
RUS and Badger State Solar websites (https://www.rd.usda.gov/resources/environmental-studies/impact-statements, https://badgerstatesolar.consultation.ai, and https://www.badgerstatesolar.com)
and also at the following locations (Jefferson Public Library in
Jefferson, WI; the Cambridge Community Library in Cambridge, WI and the
Lake Mills Library in Lake Mills, WI).
RUS hosted the virtual public scoping meeting on October 26. RUS
also hosted an interagency meeting on October 28. In addition to the
public involvement process described above, Badger State Solar
consulted with the Wisconsin Department of Natural Resources (WDNR) and
an endangered resource review has been submitted to the agency. Badger
State Solar also consulted with the Federal Aviation Administration
(FAA), property owners, local town and county officials and staff,
state elected representatives, and Wisconsin Department of Agriculture
Trade and Consumer Protection. RUS has initiated consultation with the
Wisconsin State Historic Preservation Officer (SHPO), Natural Resources
Conservation Service (NRCS), and informal consultation with the U.S.
Fish and Wildlife Service (USFWS). RUS initiated informal consultation
with the USFWS in a letter dated October 15, 2021. USFWS concurred with
the finding that the Proposed Action may affect, but is not likely to
adversely affect listed or proposed species or designated critical
habitat in an email dated December 21, 2021. A summary of the scoping
process and public input is provided in the Draft EIS.
7. Decision Process
The Draft EIS will be available for review and comment for 45 days.
Following the 45-day review period, RUS will prepare a Final EIS. All
comments received on the Draft EIS will be duly considered in preparing
the Final EIS, which is expected to be available by August 2022. The
availability of the Final EIS for public review will be announced in
the Federal Register and the local newspapers used in previous public
notices. After publication of the Final EIS a Record of Decision (ROD)
will be prepared documenting the Agency's decision regarding Badger
State Solar's request for financial assistance. Notices announcing the
availability of the ROD will be published in the Federal Register and
in local newspapers.
Any final action by RUS related to the proposal will be subject to,
and contingent upon, compliance with all relevant executive orders and
federal, state, and local environmental laws and regulations in
addition to the completion of the environmental review requirements as
prescribed in RUS Environmental Policies and Procedures, 7 CFR part
1970.
Christopher A. McLean,
Acting Administrator, Rural Utilities Service, U.S. Department of
Agriculture.
[FR Doc. 2022-04203 Filed 2-28-22; 8:45 am]
BILLING CODE 3410-15-P
