Notice of Intent To Prepare an Environmental Impact Statement and Amend the Resource Management Plan for the Proposed Rough Hat Clark County Solar Project in Clark County, Nevada, 64087-64090 [2022-22938]

Agencies

• DEPARTMENT OF THE INTERIOR
• Bureau of Land Management

[Federal Register Volume 87, Number 203 (Friday, October 21, 2022)]
[Notices]
[Pages 64087-64090]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-22938]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[LLNVS00000.L51010000.ER0000. LVRWF2107480.21X; N-99406; MO#4500163153]


Notice of Intent To Prepare an Environmental Impact Statement and 
Amend the Resource Management Plan for the Proposed Rough Hat Clark 
County Solar Project in Clark County, Nevada

AGENCY: Bureau of Land Management, Department of Interior.

ACTION: Notice of intent; request for comments.

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SUMMARY: As requested by Candela Renewables, LLC, and in compliance 
with the National Environmental Policy Act of 1969, as amended (NEPA), 
and the Federal Land Policy and Management Act of 1976, as amended 
(FLPMA), the Bureau of Land Management (BLM) Nevada State Director 
intends to prepare a Resource Management Plan (RMP) amendment with an 
associated Environmental Impact Statement (EIS) to consider the effects 
of the proposed Rough Hat Clark County Solar Project. By this notice 
the BLM is announcing the beginning of the scoping period to solicit 
public comments and identify issues, and is providing the planning 
criteria for public review.

DATES: Your comments concerning the scope of the analysis, potential 
alternatives, and identification of relevant information, and studies 
must be received by BLM by December 5, 2022 or 15 days after the last 
public meeting, whichever is later. The BLM will conduct two public 
scoping meetings (virtually) which will be held November 15 and 
November 16, 2022 from 6 p.m. to 8 p.m. Pacific time. Additional 
information on the meetings, including how to register, can be found on 
the project ePlanning website at: https://eplanning.blm.gov/eplanning-ui/project/2019992/510.

ADDRESSES: You may submit comments by any of the following methods:
     Online via ePlanning: https://eplanning.blm.gov/eplanning-ui/project/2019992/510.
     Email: [email protected].
     Mail: BLM, Las Vegas Field Office, Attn: Rough Hat Clark 
County Solar Project, 4701 North Torrey Pines Drive, Las Vegas, NV 
89130-2301.
    Documents pertinent to this proposal may be examined online at the 
project ePlanning page: https://eplanning.blm.gov/eplanning-ui/project/2019992/510 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 [email protected]. Contact 
Whitney Wirthlin to have your name added to our mailing list. 
Individuals in the United States who are deaf, deafblind, hard of 
hearing, or have a speech disability may dial 711 (TTY, TDD, or 
TeleBraille) to access telecommunications relay services for contacting 
Whitney Wirthlin. Individuals outside the United States should use the 
relay services offered within their country to make international calls 
to the point-of-contact in the United States.

SUPPLEMENTARY INFORMATION: This document provides notice that the BLM 
intends to prepare an RMP amendment with an associated EIS for the 
Rough Hat Clark County Solar Project, announces the beginning of the 
scoping process, and seeks public input on issues and planning 
criteria. The RMP amendment is being considered to allow the BLM to 
evaluate the Rough Hat Clark County Solar Project, which would require 
amending the existing 1998 Las Vegas RMP.
    On November 14, 2019, Candela Renewables, LLC submitted a right-of-
way application to the BLM Las Vegas Field Office for the Rough Hat 
Clark County Solar Project (Project) requesting authorization to 
construct, operate, maintain, and eventually decommission a 400-
megawatt photovoltaic solar electric generating facility, battery 
storage facilities, associated generation tie-line, and access road 
facilities. The proposed Project requests use of approximately 2,400 
acres of federal lands administered by the BLM. The proposed project is 
in Clark County, southeast of the town of Pahrump and approximately 38 
miles west of Las Vegas. The electricity generated would be collected 
at the onsite substation and conveyed to the approved Trout Canyon 
Substation located south of the project site via a generation (gen-tie) 
transmission line. Construction for the facilities is estimated to take 
approximately 12 to 18 months. The lands within the proposed Project 
area were segregated, subject to valid existing rights, for a term of 
two years beginning October 20, 2021, with publication of the Notice of 
Segregation in the Federal Register.

Preliminary Purpose and Need

    The BLM's preliminary purpose and need for this Federal action is 
to respond to the FLPMA right-of-way applications submitted by Candela 
Renewables, LLC under title V of FLPMA (43 U.S.C. 1761) to construct, 
operate, maintain, and decommission a solar generation power plant and 
ancillary facilities on approximately 2,400 acres of BLM land in Clark 
County, Nevada, in compliance with FLPMA, BLM right-of-way regulations, 
U.S. Department of the Interior NEPA regulations, and other applicable 
federal and state laws and policies. In accordance with FLPMA, public 
lands are to be managed for multiple uses that consider the long-term 
needs of future generations for renewable and non-renewable resources. 
The BLM is authorized to grant rights-of-way on public lands for 
systems of generation, transmission, and distribution of electrical 
energy (section 501(a)(4)). The preliminary purpose and need also 
includes an amendment to the 1998 Las Vegas RMP to address a potential 
Visual Resource Management Class modification to respond to the 
proponent's application.

Preliminary Proposed Action and Alternatives

    The Proposed Action is to approve a right-of-way to Candela 
Renewables, LLC to construct, operate, and eventually decommission the 
proposed solar project and associated facilities with the potential to 
generate 400-megawatts of alternating current energy on 2,400 acres of 
BLM administered lands. The Proposed Action also includes an amendment 
to the 1998 Las Vegas RMP in order to adjust the Visual Resource 
Management Class.
    The Visual Resource Management Class for the project area includes 
Class III, which requires a RMP amendment to change the Class III area 
to Class IV in order for the project to be consistent with the RMP, per 
the BLM Land Use Planning Handbook (H-1601-1 section VII.B).
    Additional action alternatives have not been identified to date but 
would be developed by taking into consideration comments and input 
submitted during

[[Page 64088]]

the application evaluation determination process and scoping.
    The No Action Alternative would involve the BLM not issuing a 
right-of-way grant for the solar project and associated facilities. The 
proposed Project would not be constructed, and existing land uses in 
the project area would continue. Additionally, the BLM would not 
undertake a RMP amendment to adjust Visual Resource Management Classes. 
The BLM welcomes comments on all preliminary alternatives as well as 
suggestions for additional alternatives.

Planning Criteria

    The planning criteria guide the planning effort and lay the 
groundwork for effects analysis by identifying the preliminary issues 
and their analytical frameworks. Preliminary issues for the planning 
area have been identified by BLM personnel and from early engagement 
conducted for this planning effort with Federal, State, and local 
agencies; Tribes; and other stakeholders. The BLM has identified 
preliminary issues for this planning effort's analysis. The planning 
criteria are available for public review and comment at the ePlanning 
website: https://eplanning.blm.gov/eplanning-ui/project/2019992/510.

Summary of Expected Impacts

    The analysis in the EIS will be focused on the proposed solar 
project and associated facilities, including battery storage and 
transmission line construction. The BLM evaluated the proposed Project 
application per the variance process described in the Programmatic 
Environmental Impact Statement for Solar Energy Development in Six 
Southwestern States. Through this process, the BLM completed public 
outreach and coordination with agencies and Indian Tribal Nations 
specific to the proposed Project. From the input received, the expected 
impacts from construction, operation, and eventual decommissioning of 
the solar project, associated facilities, and the RMP amendment could 
include:
     Potential desert tortoise habitat disturbance and changes 
in genetic connectivity habitat from construction of the proposed 
facilities;
     Potential effects to cultural resources in the project 
area from construction activities;
     Potential modifications to the visual character of the 
area, as well as changes to the Visual Resource Management Class from 
III to IV proposed as a change to the RMP;
     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 species from construction, 
operations, and decommissioning of the Project and associated 
facilities;
     Potential effects to the recreational opportunities and 
public use of the proposed Project area due to construction and 
operations of the solar facility; and
     Potential cumulative effects from other reasonably 
foreseeable actions in the area.
    Preliminary issues for the Project have been identified by the BLM, 
other Federal agencies, the State, local agencies, Tribes, and the 
public during the variance process. The following resources, or 
resource uses, have potential issues that will need to be analyzed in 
detail in the EIS: threatened and endangered species, biological 
resources, vegetation resources, visual resources, cultural resources, 
air quality, climate change, recreation, socioeconomics, water 
resources, and other reasonably foreseeable effects from other projects 
in the area. Habitat for the federally listed desert tortoise is in 
this project area.

Anticipated Permits and Authorizations

    Along with the right-of-way grant issued by the BLM, Candela 
Renewables, LLC anticipates needing the following authorizations and 
permits for the proposed Project: Biological Opinion and Incidental 
Take Permit from the U.S. Fish and Wildlife Service under section 7 of 
the Endangered Species Act; section 404 Permit from U.S. Army Corps of 
Engineers; Consultation under section 106 of the National Historic 
Preservation Act with the Advisory Council on Historic Preservation and 
Nevada State Historic Preservation Office; Consultation and Take Permit 
from Nevada Department of Wildlife; Nevada Division of Environmental 
Protection Stormwater discharge permits; Nevada Public Utilities 
Commission Environmental Protection Act Permit; Nevada Division of 
Forestry Cacti and Yucca Salvage Permit; Clark County Department of Air 
Quality Dust Control Permit; Clark County Regional Flood Control 
District drainage study review; Clark County Department of 
Comprehensive Planning special use permit; and Clark County Building 
Department permits. Further details on these permitting requirements 
may be found in the preliminary Plan of Development for the Rough Hat 
Clark County Solar Project.

Schedule for the Decision-Making Process

    The BLM will provide additional opportunities for public 
participation consistent with the NEPA and land use planning processes, 
including a 90-day comment period on the Draft EIS/RMP amendment and 
concurrent 30-day public protest period and 60-day Governor's 
consistency review on the Proposed RMP amendment. The Draft EIS/RMP 
amendment is anticipated to be available for public review in summer 
2023, and if the proposed action or alternative action is approved, the 
Final EIS/Proposed RMP amendment is anticipated to be available for 
public protest of the Proposed RMP amendment in winter 2024 with an 
Approved RMP amendment and Record of Decision in spring 2024.

Public Scoping Process

    This notice of intent initiates the scoping period and public 
review of the planning criteria, which guide the development and 
analysis of the Draft EIS/RMP amendment.
    The BLM will be holding two virtual scoping meetings. The specific 
date(s) and location(s) of these scoping meetings will be announced at 
least 15 days in advance through the project ePlanning web page: 
https://eplanning.blm.gov/eplanning-ui/project/2019992/510.
    The purpose of the public scoping process is to determine relevant 
issues that will influence the scope of the environmental analysis, 
including alternatives and mitigation measures, and to guide the 
process for developing the EIS. Federal, State, and local agencies, 
along with other stakeholders that may be interested or affected by the 
BLM's decision on this project, are invited to participate in the 
scoping process and, if eligible, may request or be requested by the 
BLM to participate as a cooperating agency. The BLM encourages comments 
concerning the proposed Rough Hat Clark County Solar Project and RMP 
amendment, possible measures to minimize and/or avoid adverse 
environmental impacts, and any other information relevant to the 
Proposed Action.
    The BLM also requests assistance with identifying potential 
alternatives to the Proposed Action. As alternatives should resolve a 
problem with the Proposed Action, please indicate the purpose of the 
suggested alternative. In addition, the BLM requests the

[[Page 64089]]

identification of potential issues that should be analyzed. Issues 
should be a result of the Proposed Action or alternatives; therefore, 
please identify the activity along with the potential issues.

Lead and Cooperating Agencies

    The BLM Las Vegas Field Office is the lead agency for this EIS and 
RMP amendment. The BLM has initially invited 27 agencies and 15 Indian 
Tribal Nations to be cooperating agencies to participate in the 
environmental analysis of the Project.
    Of those invited, to date nine agencies have accepted cooperating 
agency status: U.S. Fish and Wildlife Service Ecological Services 
Program, U.S. Fish and Wildlife Service Migratory Bird Program, U.S. 
Environmental Protection Agency Region 9, Clark County Department of 
Aviation, Clark County Department of Environment and Sustainability, 
Nye County, Nevada Department of Wildlife, Nevada Division of Emergency 
Management, and Nevada Department of Public Safety. Additional agencies 
and organizations may be identified as potential cooperating agencies 
to participate in the environmental analysis of the Project.

Responsible Official

    The Nevada State Director is the deciding official for this 
Proposed Action.

Nature of Decision To Be Made

    The nature of the decision to be made will be the State Director's 
selection of land use planning decisions for managing BLM-administered 
lands under the principles of multiple use and sustained yield in a 
manner that best addresses the purpose and need.
    The BLM will decide whether to grant, grant with conditions, or 
deny the application for the right of way. Pursuant to 43 CFR 2805.10, 
if the BLM issues a grant, the BLM decision maker may include terms, 
conditions, and stipulations determined to be in the public interest. 
The BLM will also make the decision whether or not to approve any RMP 
amendment, in accordance with BLM policy about delegation of 
authorities. In the Record of Decision, the BLM will clearly 
distinguish the RMP amendment decision from the selected alternative 
for the proposed Rough Hat Clark County Solar Project.

Interdisciplinary Team

    The BLM will use an interdisciplinary approach to develop the EIS/
RMP amendment in order to consider the variety of resource issues and 
concerns identified. Specialists with expertise in the following 
disciplines will be involved in this process: air quality, archaeology, 
botany, climate change (greenhouse gases), environmental justice, fire 
and fuels, geology/mineral resources, hazardous materials, hydrology, 
invasive/non-native species, lands and realty, National Conservation 
Lands, National Trails, public health and safety, recreation/
transportation, socioeconomics, soils, visual resources, and wildlife.

Additional Information

    The BLM will identify, analyze, and consider mitigation to address 
the reasonably foreseeable impacts to resources from the proposed 
action and all analyzed reasonable alternatives and, in accordance with 
40 CFR 1502.14(e), include appropriate mitigation measures not already 
included in the proposed plan amendment or alternatives. Mitigation may 
include avoidance, minimization, rectification, reduction or 
elimination over time, and compensation. Mitigation may be considered 
at multiple scales, including the landscape scale.
    The BLM will utilize and coordinate the NEPA and land use planning 
processes for this planning effort to help support compliance with 
applicable procedural requirements under the Endangered Species Act (16 
U.S.C. 1536) and section 106 of the National Historic Preservation Act 
(54 U.S.C. 306108) as provided in 36 CFR 800.2(d)(3), including public 
involvement requirements of section 106. The information about historic 
and cultural resources and threatened and endangered species within the 
area potentially affected by the proposed Project will assist the BLM 
in identifying and evaluating impacts to such resources.
    The BLM will continue to consult with Indian Tribal Nations on a 
government-to-government basis in accordance with Executive Order 
13175, BLM MS 1780, and other policies. Tribal concerns, including 
impacts on Indian trust assets and potential impacts to cultural 
resources, will be given due consideration. Federal, State, and local 
agencies, along with Indian Tribal Nations, and other stakeholders that 
may be interested in or affected by the proposed action that the BLM is 
evaluating, are invited to participate in the scoping process and, if 
eligible, may request or be requested by the BLM to participate in the 
development of the environmental analysis as a cooperating agency. The 
BLM will send invitations to potentially affected Indian Tribal Nations 
prior to the meetings. The BLM will provide additional opportunities 
for government-to-government consultation during the NEPA process.
    The BLM has initiated engagement with Indian Tribal Nations 
governments including sending letters to the Moapa Band of Paiutes, Las 
Vegas Paiute Tribe, Timbisha Shoshone, Chemehuevi Indian Tribe, Twenty-
Nine Palms Band of Mission Indians, Fort Mojave Indian Tribe, and 
Colorado River Indian Tribes on March 31, 2021, to invite the Tribes to 
initiate formal government-to-government consultation. Additionally, 
the BLM sent letters to the Bishop Paiute Tribe, Fort Independence 
Indian Community of Paiute Indians, Kaibab Band of Paiute Indians, 
Paiute Indian Tribe of Utah, San Juan Southern Paiute Tribe, and the 
Utu Utu Gwaitu Paiute Tribe (Owens Valley Paiute Benton Reservation) on 
July 1, 2022, inviting the tribes to initiate formal government-to-
government consultation. The BLM also sent letters to the Big Pine 
Paiute Tribe of Owens Valley and the Lone Pine Paiute-Shoshone Tribe on 
August 24, 2022, inviting the tribes to initiate formal government-to-
government consultation and to participate as a Cooperating Agency for 
the Project. Tribal consultation for the project is ongoing.
    The BLM will also use and coordinate the required National Historic 
Preservation Act review of this project with the NEPA process to 
fulfill the requirements under the National Historic Preservation Act 
(54 U.S.C. 306108) as provided in 36 CFR 800.8(c). The identification 
of historic properties and the assessment of effects of the undertaking 
on these properties will be carried out in a manner consistent with the 
standards and criteria outlined in 36 CFR 800.4 through 800.5. BLM will 
consult on the effects of the undertaking on historic properties with 
the Nevada State Historic Preservation Office, Indian Tribes that might 
attach religious and cultural significance to affected historic 
properties, other consulting parties, and the Advisory Council on 
Historic Preservation, where appropriate, during NEPA scoping, 
environmental analysis, and the preparation of NEPA documents. The 
public will be given the opportunity to be involved in accordance with 
BLM's NEPA procedures. In consultation with identified consulting 
parties, BLM will develop alternatives and proposed measures that might 
avoid, minimize, or mitigate any adverse effects of the undertaking on 
historic properties and describe them in the Draft EIS. The agency 
official will provide the Draft EIS/RMP amendment to the Nevada State 
Historic Preservation Office,

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Indian Tribal Nations that might attach religious and cultural 
significance to affected historic properties, the Advisory Council on 
Historic Preservation, and other consulting parties in accordance with 
36 CFR 800.8(c) and the BLM's established NEPA procedures.
    Before including your address, phone number, email address, or 
other personal identifying information in your comment, you should be 
aware that your entire comment--including your personal identifying 
information--may be made publicly available at any time. While you can 
ask us in your comment to withhold your personal identifying 
information from public review, we cannot guarantee that we will be 
able to do so.

(Authority: 43 CFR 1610.2 and 2800.)

Jon Raby,
State Director.
[FR Doc. 2022-22938 Filed 10-20-22; 8:45 am]
BILLING CODE 4310-HC-P