Notice of Intent To Amend the Las Vegas Resource Management Plan and Prepare an Environmental Impact Statement for the Proposed Copper Rays Solar Project in Nye County, Nevada, 68187-68189 [2022-24623]

Agencies

• DEPARTMENT OF THE INTERIOR
• Bureau of Land Management

[Federal Register Volume 87, Number 218 (Monday, November 14, 2022)]
[Notices]
[Pages 68187-68189]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-24623]



[[Page 68187]]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[LLNVS00000.L51010000.ER0000.LVRWF2208330.22X; N-89655; MO# 4500164258]


Notice of Intent To Amend the Las Vegas Resource Management Plan 
and Prepare an Environmental Impact Statement for the Proposed Copper 
Rays Solar Project in Nye County, Nevada

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of intent.

-----------------------------------------------------------------------

SUMMARY: In compliance with the National Environmental Policy Act of 
1969, as amended (NEPA), and the Federal Land Policy and Management Act 
of 1976, as amended (FLPMA), the Bureau of Land Management (BLM) Nevada 
State Director intends to prepare a Resource Management Plan (RMP) 
amendment with an associated Environmental Impact Statement (EIS) for 
the Copper Rays Solar Project and by this notice is announcing the 
beginning of the scoping period to solicit public comments and identify 
issues, and is providing the planning criteria for public review.

DATES: The BLM requests the public submit comments concerning the scope 
of the analysis, potential alternatives, and identification of relevant 
information and studies by December 29, 2022. To afford the BLM the 
opportunity to consider issues raised by commenters in the Draft RMP 
amendment/EIS, please ensure your comments are received prior to the 
close of the 45-day scoping period or 15 days after the last public 
meeting, whichever is later.
    The BLM will conduct two public scoping meetings (virtually):

 December 6, 2022, 6-8 p.m. Pacific Time., Virtual via Zoom. 
Registration is required. To register in advance for this webinar, 
visit: https://eplanning.blm.gov/eplanning-ui/project/2019523/510
 December 7, 2022, 6-8 p.m. Pacific Time., Virtual via Zoom. 
Registration is required. To register in advance for this webinar, 
visit: https://eplanning.blm.gov/eplanning-ui/project/2019523/510

ADDRESSES: You may submit comments on issues and planning criteria 
related to the Copper Rays Solar Project by any of the following 
methods:

 Website: https://eplanning.blm.gov/eplanning-ui/project/2019523/510
 Email: [email protected]
 Mail: BLM, Pahrump Field Office, Attn: Copper Rays Solar 
Project, 4701 North Torrey Pines Drive, Las Vegas, NV 89130-2301

    Documents pertinent to this proposal may be examined online at the 
project ePlanning page: https://eplanning.blm.gov/eplanning-ui/project/2019523/510 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 
Nevada State Director intends to prepare an RMP amendment with an 
associated EIS for the Copper Rays Solar Project, announces the 
beginning of the scoping process, and seeks public input on issues and 
planning criteria. The RMP amendment is being considered to allow the 
BLM to evaluate the Copper Rays Solar Project, which would require 
amending the existing 1998 Las Vegas RMP.
    The proposed project and planning area is in Nye County, southeast 
of the Town of Pahrump and approximately 40 miles west of Las Vegas, 
and encompasses approximately 5,127 acres of public lands.
    On October 27, 2020, Copper Rays Solar, LLC filed an updated right-
of-way application to the BLM Pahrump Field Office for the Copper Rays 
Solar Project (Project) requesting authorization to construct, operate, 
maintain, and eventually decommission a 700-megawatt photovoltaic solar 
electric generating facility, battery storage facilities, associated 
generation tie-line, and access road facilities. Copper Rays Solar, LLC 
submitted the initial right-of-way application for the proposed project 
in September 2010, thus the project is not subject to the decisions 
adopted by the Record of Decision for Solar Energy Development in Six 
Southwestern States (BLM 2012). The electricity generated would be 
collected at the onsite substation and conveyed to the Gamebird 
Substation located north of the project site via transmission line. 
Construction for the facilities is estimated to take approximately 72 
months across multiple phases. The lands within the proposed project 
area were segregated, subject to valid existing rights, for a term of 
two years beginning October 21, 2021, with publication of the Notice of 
Segregation in the Federal Register.
    The scope of this land use planning process does not include 
addressing the evaluation or designation of areas of critical 
environmental concern (ACEC) and the BLM is not considering ACEC 
nominations as part of this process.

Purpose and Need

    The BLM's preliminary purpose and need for this Federal action is 
to respond to FLPMA right-of-way applications submitted by Copper Rays 
Solar, LLC under Title V of FLPMA (43 U.S.C. 1761) to construct, 
operate, maintain, and decommission a solar generation power plant and 
ancillary facilities on approximately 5,127 acres of BLM land in Nye 
County, Nevada, in compliance with FLPMA, BLM right-of-way regulations, 
the BLM NEPA Handbook (BLM 2008), U.S. Department of the Interior NEPA 
regulations, and other applicable federal and state laws and policies. 
In accordance with FLPMA, public lands are to be managed for multiple 
uses that consider the long-term needs of future generations for 
renewable and non-renewable resources. The BLM is authorized to grant 
rights-of-way on public lands for systems of generation, transmission, 
and distribution of electrical energy (Section 501(a)(4)). The 
preliminary purpose and need also includes an amendment to the 1998 Las 
Vegas RMP to address utility corridor modifications based on the 
project boundary location and to adjust the Visual Resource Management 
Class III unit that contains the proposed project to respond to the 
proponent's application.

Preliminary Alternatives

    The Proposed Action is to approve a right-of-way to Copper Rays 
Solar, LLC to construct, operate, and eventually decommission the 
proposed solar project and associated facilities with the potential to 
generate 700-megawatts of alternating current energy on 5,127 acres of 
BLM administered lands. The Proposed Action also includes an amendment 
to the 1998 Las Vegas RMP in order to modify multiple utility corridors 
and to adjust the Visual Resource Management Class III unit that 
contains the proposed project.

[[Page 68188]]

    An Energy Policy Act of 2005 Section 368 Energy Corridor, Segment # 
224-225, intersects the western portion of the project area. A Southern 
Nevada District Utility Corridor, established by the RMP, intersects 
the southwest corner of the project area. Per the BLM's Land Use 
Planning Handbook (H-1601-1 Section VII.B), in order for the project to 
be consistent with the RMP, a plan amendment to modify both utility 
corridors outside of the Copper Rays Solar Project area will be 
required.
    The Visual Resource Management Class for the project area includes 
Class III, which requires a RMP amendment to change the Class III area 
to Class IV in order for the project to be consistent with the RMP, per 
the BLM Land Use Planning Handbook (H-1601-1 Section VII.B).
    Additional action alternatives have not been identified to date but 
would be developed by taking into consideration comments and input 
submitted during the application evaluation determination process and 
scoping.
    Under the No Action Alternative, BLM would not issue a right-of-way 
grant for the solar project and associated facilities. The proposed 
Project would not be constructed, and existing land uses in the project 
area would continue. Additionally, the BLM would not undertake a RMP 
amendment to adjust utility corridors and modify the Visual Resource 
Management Class.
    The BLM welcomes comments on all preliminary alternatives as well 
as suggestions for additional alternatives.

Planning Criteria

    The planning criteria guide the planning effort and lay the 
groundwork for effects analysis by identifying the preliminary issues 
and their analytical frameworks. Preliminary issues for the planning 
area have been identified by BLM personnel and from early engagement 
conducted for this planning effort with Federal, State, and local 
agencies; Tribes; and other stakeholders. The BLM has identified 
preliminary issues for this planning effort's analysis. The planning 
criteria are available for public review and comment at the ePlanning 
website (see ADDRESSES).

Summary of Expected Impacts

    The analysis in the EIS will be focused on the proposed solar 
project and associated facilities, including battery storage and 
transmission line construction. The BLM evaluated the proposed Project 
application per the 43 CFR 2800 application evaluation determination 
process. Through this process, the BLM completed public outreach and 
Agency and Indian Tribal Nations coordination specific to the proposed 
Project. From the input received, the expected impacts from 
construction, operation, and eventual decommissioning of the solar 
project, associated facilities, and the RMP amendment could include:
     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;
     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 as a result of 
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 with other reasonably 
foreseeable actions in the area.
    Preliminary issues for the project have been identified by the BLM, 
other Federal agencies, the State, local agencies, Tribes, and the 
public during the application evaluation process. The following may be 
impacted by the proposed project and will be considered for detailed 
analysis in the EIS: threatened and endangered species, biological 
resources, vegetation resources, visual resources, cultural resources, 
air quality, climate change, recreation, socioeconomics, water 
resources, and cumulative effects from reasonably foreseeable actions 
in the area. Habitat for the federally listed desert tortoise is in 
this project area.

Anticipated Permits and Authorizations

    Along with the right-of-way grant issued by the BLM, Copper Rays 
Solar, LLC anticipates needing the following authorizations and permits 
for the proposed project: Biological Opinion and Incidental Take Permit 
from the U.S. Fish and Wildlife Service; Consultation under Section 106 
of the National Historic Preservation Act with the Advisory Council on 
Historic Preservation and Nevada State Historic Preservation Office; 
Section 404 Permit from the U.S. Army Corps of Engineers; Wildlife 
Special Purpose permit from the Nevada Department of Wildlife; Nevada 
Division of Environmental Protection Stormwater and Groundwater 
Discharge permits and Temporary in Waterways Work permit; Nevada Public 
Utilities Commission Permit to Construct; Nevada Division of Water 
Resources water rights modification permits; Nevada State Fire Marshall 
Hazardous Materials Storage permit; Nye County Special Use Permit; and 
other Nye County permits, as necessary. Further details on these 
permitting requirements may be found in the Plan of Development for the 
Copper Rays Solar Project.

Schedule for the Decision-Making Process

    The BLM will provide additional opportunities for public 
participation consistent with the NEPA and land use planning processes, 
including a 90-day comment period on the Draft RMP Amendment/EIS and 
concurrent 30-day public protest period and 60-day Governor's 
consistency review on the Proposed RMP Amendment. The Draft RMP 
Amendment/EIS is anticipated to be available for public review Spring 
2023 and the Proposed RMP Amendment is anticipated to be available for 
public protest in Fall 2023 with an Approved RMP Amendment and Record 
of Decision in Spring 2024.

Public Scoping Process

    This notice of intent initiates the scoping period and public 
review of the planning criteria, which guide the development and 
analysis of the Draft RMP Amendment/EIS.
    The BLM will be holding two virtual scoping meetings (see DATES and 
ADDRESSES sections earlier). The specific date(s) and location(s) of 
any additional scoping meetings will be announced at least 15 days in 
advance through the project ePlanning web page: https://eplanning.blm.gov/eplanning-ui/project/2019523/510.
    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 and 
Tribes, along with other stakeholders that may be interested or 
affected by the BLM's decision on this project, are invited to 
participate in the scoping process and, if eligible, may request or be 
requested by the BLM to participate as a cooperating agency. The BLM 
encourages comments concerning the proposed Cooper Rays Solar Project 
and RMP amendment, possible

[[Page 68189]]

measures to minimize and/or avoid adverse environmental impacts, and 
any other information relevant to the Proposed Action.
    The BLM also requests assistance with identifying potential 
alternatives to the Proposed Action. As alternatives should resolve an 
issue with the Proposed Action, please indicate the purpose of the 
suggested alternative. In addition, the BLM requests the identification 
of potential issues that should be analyzed. Issues should be a result 
of the Proposed Action or Alternatives; therefore, please identify the 
activity along with the potential issues.

Lead and Cooperating Agencies

    The BLM Pahrump Field Office is the lead agency for this EIS and 
RMP amendment. The BLM has initially invited 27 Agencies and 15 Indian 
Tribal Nations to be cooperating agencies to participate in the 
environmental analysis of the Project.
    Of those invited, 11 agencies have accepted cooperating agency 
status: U.S. Fish and Wildlife Service Ecological Services Program, 
U.S. Fish and Wildlife Migratory Bird Program; U.S. Environmental 
Protection Agency Region 9; Clark County Department of Aviation; Clark 
County Department of Environment and Sustainability; Nye County; Nevada 
Department of Wildlife; Nevada Division of Forestry; Nevada Department 
of Conservation and Natural Resources, Off-Highway Vehicles Program; 
Nevada Division of Emergency Management; and Nevada Department of 
Public Safety. Additional agencies and organizations may be identified 
as potential cooperating agencies to participate in the environmental 
analysis of the Project.

Responsible Official

    The Nevada State Director is the deciding official for this 
planning effort and proposed Copper Rays Solar Project.

Nature of Decision To Be Made

    The nature of the decision to be made will be the State Director's 
selection of land use planning decisions for managing BLM-administered 
lands under the principles of multiple use and sustained yield in a 
manner that best addresses the purpose and need.
    The BLM will decide whether to grant, grant with conditions, or 
deny the right of way application. Pursuant to 43 CFR 2805.10, if the 
BLM issues right-of-way grant(s), the BLM decision maker may include 
terms, conditions, and stipulations determined to be in the public 
interest.

Interdisciplinary Team

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

Additional Information

    The BLM will identify, analyze, and consider mitigation to address 
the reasonably foreseeable impacts to resources from the proposed plan 
amendment and all analyzed reasonable alternatives and, in accordance 
with 40 CFR 1502.14(e), include appropriate mitigation measures not 
already included in the proposed plan amendment or alternatives. 
Mitigation may include avoidance, minimization, rectification, 
reduction or elimination over time, and compensation; and may be 
considered at multiple scales, including the landscape scale.
    The BLM will utilize and coordinate the NEPA and land use planning 
processes for this planning effort to help support compliance with 
applicable procedural requirements under the Endangered Species Act (16 
U.S.C. 1536) and Section 106 of the National Historic Preservation Act 
(54 U.S.C. 306108) as provided in 36 CFR 800.2(d)(3), including public 
involvement requirements of Section 106. The information about historic 
and cultural resources and threatened and endangered species within the 
area potentially affected by the proposed plan amendment will assist 
the BLM in identifying and evaluating impacts to such resources.
    The BLM will consult with Tribal Nations on a government-to-
government basis in accordance with Executive Order 13175, BLM MS 1780, 
and other policies. Tribal concerns, including impacts on Indian trust 
assets and potential impacts to cultural resources, will be given due 
consideration. Federal, State, and local agencies, along with Tribal 
Nations, and other stakeholders that may be interested in or affected 
by the proposed action that the BLM is evaluating, are invited to 
participate in the scoping process and, if eligible, may request or be 
requested by the BLM to participate in the development of the 
environmental analysis as a cooperating agency. The BLM intends to hold 
a series of government-to-government consultation meetings. The BLM 
will send invites to potentially affected Tribal Nations prior to the 
meetings. The BLM will provide additional opportunities for government-
to-government consultation during the NEPA process.
    Before including your address, phone number, email address, or 
other personal identifying information in your comment, you should be 
aware that your entire comment--including your personal identifying 
information--may be made publicly available at any time. While you can 
ask us in your comment to withhold your personal identifying 
information from public review, we cannot guarantee that we will be 
able to do so.

(Authority: 40 CFR 1501.7, 43 CFR 1610.2, and 2800)

Jon Raby,
State Director.
[FR Doc. 2022-24623 Filed 11-10-22; 8:45 am]
BILLING CODE 4310-HC-P