Notice of Availability of a Record of Decision for Badger State Solar, LLC, Project, 1346-1348 [2023-00299]
Download as PDF
<![CDATA[
khammond on DSKJM1Z7X2PROD with NOTICES
1346
Federal Register / Vol. 88, No. 6 / Tuesday, January 10, 2023 / Notices
Register on May 18, 2020 (85 FR 29790–
29838, Docket No. APHIS–2018–0034) 1
that revised the regulations in part 340
and the merging of activities that are
currently being reported under OMB
control number 0579–0471 (Movement
of Certain Genetically Engineered
Organisms). Activities being
discontinued or grandfathered include
requests (petitions) for determination of
non-regulated status, field test reporting,
and training program documentation.
After OMB approves this combined
information collection (OMB control
number 0579–0085), APHIS will retire
OMB control number 0579–0471.
We are asking OMB to approve our
use of these information collection
activities, as described, for an additional
3 years.
The purpose of this notice is to solicit
comments from the public (as well as
affected agencies) concerning our
information collection. These comments
will help us:
(1) Evaluate whether the collection of
information is necessary for the proper
performance of the functions of the
Agency, including whether the
information will have practical utility;
(2) Evaluate the accuracy of our
estimate of the burden of the collection
of information, including the validity of
the methodology and assumptions used;
(3) Enhance the quality, utility, and
clarity of the information to be
collected; and
(4) Minimize the burden of the
collection of information on those who
are to respond, through use, as
appropriate, of automated, electronic,
mechanical, and other collection
technologies; e.g., permitting electronic
submission of responses.
Estimate of burden: The public
burden for this collection of information
is estimated to average 8.9 hours per
response.
Respondents: State, Local, and Tribal
government agricultural representatives
and applicants from agricultural
companies.
Estimated annual number of
respondents: 301.
Estimated annual number of
responses per respondent: 30.8.
Estimated annual number of
responses: 9,283.
Estimated total annual burden on
respondents: 82,589 hours. (Due to
averaging, the total annual burden hours
may not equal the product of the annual
number of responses multiplied by the
reporting burden per response.)
All responses to this notice will be
summarized and included in the request
1 To view the final rule, go to
www.regulations.gov and enter APHIS–2018–0034
in the Search field.
VerDate Sep<11>2014
17:32 Jan 09, 2023
Jkt 259001
for OMB approval. All comments will
also become a matter of public record.
Done in Washington, DC, this 5th day of
January 2023.
Anthony Shea,
Administrator, Animal and Plant Health
Inspection Service.
[FR Doc. 2023–00284 Filed 1–9–23; 8:45 am]
BILLING CODE 3410–34–P
DEPARTMENT OF AGRICULTURE
Rural Utilities Service
[Docket #: RUS–22–ELECTRIC–0055]
Notice of Availability of a Record of
Decision for Badger State Solar, LLC,
Project
Rural Utilities Service, USDA.
Notice of availability of a
Record of Decision.
AGENCY:
ACTION:
Notice is hereby given that
the Rural Utilities Service (RUS), an
agency within the Department of
Agriculture (USDA), has issued a
Record of Decision (ROD) to meet its
responsibilities in accordance with the
National Environmental Policy Act of
1969 (NEPA), Council on Environmental
Quality (CEQ) regulations for
implementing the procedural provisions
of NEPA, RUS Environmental Policies
and Procedure, and other applicable
environmental requirements related to
providing financial assistance for
Badger State Solar’s, LLC proposed
Alternating Current solar project
(Project) in Wisconsin. The
Administrator of RUS has signed the
ROD, which was effective upon signing.
This ROD concludes RUS
environmental review process in
accordance with NEPA and RUS,
Environmental Policies and Procedures.
The ultimate decision as to loan
approval depends on the conclusion of
the environmental review process plus
financial and engineering analyses.
Issuance of the ROD will allow these
reviews to proceed. The ROD is not a
decision on the Badger State Solar’s
loan application and is not an approval
of the expenditure of federal funds.
DATES: The Administrator of the Rural
Utilities Service signed the Record of
Decision on December 22, 2022.
ADDRESSES: To request copies of the
ROD, contact Peter Steinour at
BadgerStateSolarEIS@usda.gov. The
ROD is also available at RUS website at
https://www.rd.usda.gov/resources/
environmental-studies/impactstatements.
FOR FURTHER INFORMATION CONTACT: For
further information, contact Peter
SUMMARY:
PO 00000
Frm 00002
Fmt 4703
Sfmt 4703
Steinour, Environmental Protection
Specialist, USDA, Rural Utilities
Service, 1400 Independence Ave. SW,
Mail Stop 1570, Washington, DC 20250,
by phone at 202–961–6140, or email at
BadgerStateSolarEIS@usda.gov.
SUPPLEMENTARY INFORMATION:
1. Purpose and Need: Badger State
Solar has indicated that it intends to
request Federal financing from the
USDA RUS for development of the
Project. While RUS is authorized under
the Rural Electrification Act of 1936
(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.
2. Project Description: Badger State
Solar proposes to construct, install,
operate, and maintain a 149-megawatt
(MW) photovoltaic (PV) Alternating
Current solar energy generating facility
on a site in the Townships of Jefferson
and Oakland, in Jefferson County,
Wisconsin. The total estimated Project
cost would be approximately
$225,000,000. Project construction is
anticipated to begin in November 2022.
Construction would be complete, and
the Project would be expected to come
online by Fall 2023.
The Jefferson County site initially
included three proposed development
areas: The Primary Solar Array Area,
Alternate Solar Array Area, and
Optional Solar Array Area. As the solar
facility design progressed, Badger State
Solar determined that the approximately
1,200-acre Primary Area would be
suitable to host the proposed 149 MW
solar power facility without requiring
development of the Alternate and
Optional Areas. The Primary Area
became the Proposed Action which is
the focus of this Environmental Impact
Statement (EIS). The Proposed Action
would take place on approximately
1,200 acres located on the north and
south sides of US Highway 18 (US 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.
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
E:\FR\FM\10JAN1.SGM
10JAN1
khammond on DSKJM1Z7X2PROD with NOTICES
Federal Register / Vol. 88, No. 6 / Tuesday, January 10, 2023 / Notices
agreement allows for an operating
period of 40 years. A power purchase
agreement has been executed with
Dairyland Power Cooperative for the
entire output of the Proposed Action.
The Project site is near the point of
interconnection to the grid at the
American Transmission Company
(ATC) Jefferson substation near the
intersection of State Trunk Highway 89
and US 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. Fencing would be placed
around contiguous blocks of solar
arrays.
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 Project 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
chapter 3 of the Final EIS.
In the EIS, the effects of the proposal
are compared to the existing conditions
in the affected area of the proposal.
Public health and safety, environmental
impacts, socio-economic, and
engineering aspects of the proposal are
also considered in the Final EIS.
The proposed Project is subject to the
jurisdiction of the Public Service
Commission of Wisconsin (PSCW),
Wisconsin Department of Natural
Resources (WDNR), Wisconsin
Historical Society-Historic Preservation
Office (SHPO), Wisconsin Department
of Transportation (WisDOT), and the
State of Wisconsin Division of Safety
and Buildings. Badger State Solar has
submitted applications to the PSCW for
a Certificate of Public Convenience and
Necessity; and either has or will submit
applications for permits to the WDNR
for an Isolated Wetlands Permit and
Wisconsin Pollution Discharge
Elimination System/Stormwater Runoff
Permit (NR216); WisDOT for a utility
VerDate Sep<11>2014
17:32 Jan 09, 2023
Jkt 259001
permit, driveway/access permit, and
oversize/overweight permit; and the
State of Wisconsin Division of Safety
and Buildings for a Building permit.
Badger State Solar may also submit
applications for permits as needed to
Jefferson County Highway Department
(oversize-overweight, utility, county
highway entrance), Jefferson County
Land Conservation Department
(stormwater management), Jefferson
County (construction permit, utilities,
sanitary permits), Jefferson County Farm
District Drainage No. 16 (drainage
alteration permit), City of Jefferson
(driveway, sign, and building permits)
and Town of Oakland (driveway
permits). These state and local agency
permits would authorize Badger State
Solar to construct the proposed project
under Wisconsin rules and regulations.
While RUS is authorized under the
REA to make loans to finance electric
generation infrastructure in rural areas,
it is the 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. Along
with other technical and financial
considerations, completing the
environmental review process is one of
RUS’s requirements in processing
Badger State Solar’s application. RUS is
the lead Federal agency for
environmental review of the proposed
project.
RUS prepared a Final EIS and
published a notice of availability in the
Federal Register on August 26, 2022 (87
FR 52502), to analyze the impacts of its
respective Federal actions and the
proposed Project in accordance with
NEPA, the Council on Environmental
Quality’s Regulations for Implementing
the Procedural Provisions of NEPA (40
CFR parts 1500 through 1508), and RUS
Environmental Policies and Procedures
(7 CFR part 1970). Two comments were
received on the Final EIS; one from the
Environmental Protection Agency
which indicated that their previous
comments on the Draft EIS had been
addressed in the Final EIS and one from
the United States Army Corps of
Engineers offering no comment on the
Final EIS. No additional revisions to the
Final EIS were necessary upon receipt
of these comments.
RUS determined that its action
regarding the proposed Project is an
undertaking subject to review under
Section 106 of the National Historic
Preservation Act and its implementing
regulation, ‘‘Protection of Historic
Properties’’ (36 CFR part 800) and as
part of its broad environmental review
PO 00000
Frm 00003
Fmt 4703
Sfmt 4703
1347
process, RUS must take into account the
effect of the proposed project on historic
properties.
Of the identified archaeological
resources within the Area of Potential
Effect, none are recommended as
eligible for the National Register of
Historic Places. However, as a result of
the archaeological and architecture/
history investigations conducted for the
Proposed Action, two of the resources
within the Area of Potential Effects were
recommended for avoidance or further
investigations: a historic cemetery and
the William Eustis House. Project
activities would avoid the historic
cemetery boundaries by a minimum of
10 feet. With regard to the NRHPeligible William Eustis House, a No
Adverse Effect finding was
recommended based on the following
factors: lack of any potential for
physical destruction, damage or
alterations to the property; an absence of
proposed activities which could alter
the architectural character of the Eustis
House; and presence of intervening
visual intrusions (dense vegetation,
trees and barns) between the house and
the proposed solar arrays. There would
be no adverse effect to NRHP-eligible
historical structures. Based on these
results, a finding of No Adverse Effect
in accordance with 36 CFR 800.5(b) is
appropriate for the Proposed Action.
RUS submitted this finding in a letter to
the Federally recognized tribes and the
SHPO in November 2021 and January
2022, respectively. On January 27, 2022,
the SHPO concurred the Proposed
Action would have no adverse effects to
historic properties.
The proposed overhead transmission
crossing of U.S. 18 was added to the
Proposed Action in February 2022. RUS
recommended the finding of No
Adverse Effect was still appropriate for
the Proposed Action. RUS submitted
this finding in a letter to the Federally
recognized tribes and the SHPO in
March 2022. These letters are on file at
RUS. On March 30, 2022, the SHPO
concurred the Proposed Action would
have no adverse effects to historic
properties.
RUS consulted with the following
Federally recognized Native American
tribes:
• Citizen Potawatomi Nation, Oklahoma
• Forest County Potawatomi
Community of Wisconsin
• Fort Belknap Indian Community of
the Fort Belknap Reservation of
Montana
• Ho-Chunk Nation of Wisconsin
• Lac du Flambeau Band of Lake
Superior Chippewa Indians of the Lac
du Flambeau Reservation of
Wisconsin
E:\FR\FM\10JAN1.SGM
10JAN1
1348
Federal Register / Vol. 88, No. 6 / Tuesday, January 10, 2023 / Notices
• Menominee Indian Tribe of
Wisconsin
• Miami Tribe of Oklahoma
• Osage Nation
• Prairie Band Potawatomi Nation
• Winnebago Tribe of Nebraska
The Ho-Chunk Nation of Wisconsin,
Menominee Tribe of Wisconsin, Miami
Tribe of Oklahoma, Osage Nation, and
the Winnebago Tribe of Nebraska did
not provide objections to the project;
however, they requested to be notified
of any inadvertent discoveries. A PostReview Discovery Plan was prepared
and in the event of an inadvertent
discovery, these Tribes will be
contacted. The other Indian tribes
consulted did not provide comments.
Based on consideration of the
environmental impacts of the proposed
Project and comments received
throughout the agency and public
review process, RUS has determined
that Proposed Action Alternative as
described above best meets the purpose
and need for the proposed Project. RUS
finds that the evaluation of reasonable
alternatives is consistent with NEPA
and RUS Environmental Policies and
Procedures. Details regarding RUS
regulatory decision and compliance
with applicable regulations are included
in the ROD.
Andrew Berke,
Administrator, Rural Utilities Service, U.S.
Department of Agriculture.
[FR Doc. 2023–00299 Filed 1–9–23; 8:45 am]
BILLING CODE 3410–15–P
COMMISSION ON CIVIL RIGHTS
Agenda and Notice of Public Meetings
of the South Dakota Advisory
Committee
U.S. Commission on Civil
Rights.
ACTION: Announcement of public
meetings.
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
(FACA), that the South Dakota State
Advisory Committee to the Commission
will convene business meetings on the
following Mondays at 12:30 p.m.
Central Time: February 13, March 13,
and April 10, 2023. The purpose of the
business meetings is to discuss
testimony heard related to the
Committee’s topic on voting rights and
voter access.
DATES: Mondays at 12:30 p.m. CT:
February 13, March 13, and April 10,
2023.
khammond on DSKJM1Z7X2PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
17:32 Jan 09, 2023
Jkt 259001
Recurring Zoom Link (video and
audio): https://tinyurl.com/3stmv9et;
password, if needed: USCCR–SD.
If Joining Briefing by Phone Only,
Dial: 1–551–285–1373; Meeting ID: 160
729 5158#.
FOR FURTHER INFORMATION CONTACT:
Mallory Trachtenberg at
mtrachtenberg@usccr.gov.
The
meetings are available to the public
through the web links above. If joining
only via phone, callers can expect to
incur charges for calls they initiate over
wireless lines, and the Commission will
not refund any incurred charges.
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 conference
details found through registering at the
web link above. To request other
accommodations, please email
mtrachtenberg@usccr.gov at least 10
business days prior to the meeting for
which accommodations are requested.
Members of the public are entitled to
make comments during the open period
at the end of each meeting. Members of
the public may also submit written
comments; the comments must be
received in the Regional Programs Unit
within 30 days following each meeting.
Written comments may be emailed to
Mallory Trachtenberg at
mtrachtenberg@usccr.gov. Persons who
desire additional information may
contact the Regional Programs Unit at
(202) 809–9618. Records and documents
discussed during meetings will be
available for public viewing as they
become available at
www.facadatabase.gov. Persons
interested in the work of this advisory
committee are advised to go to the
Commission’s website, www.usccr.gov,
or to contact the Regional Programs Unit
at the above phone number or email
address.
SUPPLEMENTARY INFORMATION:
Agenda
Mondays at 12:30 p.m. CT: February 13,
March 13, April 10, 2023
I. Welcome and Roll Call
II. Announcements
III. Discussion: Indigent Legal Services
Report
IV. Public Comment
V. Adjournment
Dated: January 4, 2023.
David Mussatt,
Supervisory Chief, Regional Programs Unit.
[FR Doc. 2023–00230 Filed 1–9–23; 8:45 am]
BILLING CODE P
PO 00000
Frm 00004
Fmt 4703
Sfmt 4703
COMMISSION ON CIVIL RIGHTS
Notice of Public Meeting of the New
York Advisory Committee to the U.S.
Commission on Civil Rights
U.S. Commission on Civil
Rights.
ACTION: Notice of virtual business
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 New York Advisory Committee
(Committee) will hold a virtual business
meeting via Zoom on Friday, January
20, 2023, at 1:00 p.m. Eastern Time, for
the purpose of discussing and voting on
potential panelists for the next virtual
public briefing on the New York child
welfare system.
DATES: The meeting will take place on
Friday, January 20, 2023, from 1:00
p.m.–3:00 p.m. ET.
ADDRESSES:
Registration Link: https://tinyurl.com/
a44w8sjc.
Telephone (Audio Only): Dial (833)
435–1820 USA Toll-Free; Webinar ID:
160 070 6362#.
FOR FURTHER INFORMATION CONTACT:
Mallory Trachtenberg, DFO, at
mtrachtenberg@usccr.gov or (202) 809–
9618.
SUPPLEMENTARY INFORMATION:
Committee meetings are available to the
public through the conference link
above. Any interested member of the
public may listen to the meeting. An
open comment period will be provided
to allow members of the public to make
a statement as time allows. If joining via
phone, 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.
Individuals who are deaf, deafblind, and
hard of hearing may also follow the
proceedings by first calling the Federal
Relay Service at (800) 877–8339 and
providing the Service with the
conference details found through
registering at the web link above. To
request additional accommodations,
please email Sarah Villanueva at
svillanueva@usccr.gov at least ten (10)
days prior to the meeting.
Members of the public are also
entitled to submit written comments;
the comments must be received within
30 days following the meeting. Written
comments may be emailed to
svillanueva@usccr.gov. Persons who
desire additional information may
SUMMARY:
E:\FR\FM\10JAN1.SGM
10JAN1
]]>Agencies
[Federal Register Volume 88, Number 6 (Tuesday, January 10, 2023)]
[Notices]
[Pages 1346-1348]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-00299]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Rural Utilities Service
[Docket #: RUS-22-ELECTRIC-0055]
Notice of Availability of a Record of Decision for Badger State
Solar, LLC, Project
AGENCY: Rural Utilities Service, USDA.
ACTION: Notice of availability of a Record of Decision.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that the Rural Utilities Service (RUS),
an agency within the Department of Agriculture (USDA), has issued a
Record of Decision (ROD) to meet its responsibilities in accordance
with the National Environmental Policy Act of 1969 (NEPA), Council on
Environmental Quality (CEQ) regulations for implementing the procedural
provisions of NEPA, RUS Environmental Policies and Procedure, and other
applicable environmental requirements related to providing financial
assistance for Badger State Solar's, LLC proposed Alternating Current
solar project (Project) in Wisconsin. The Administrator of RUS has
signed the ROD, which was effective upon signing. This ROD concludes
RUS environmental review process in accordance with NEPA and RUS,
Environmental Policies and Procedures. The ultimate decision as to loan
approval depends on the conclusion of the environmental review process
plus financial and engineering analyses. Issuance of the ROD will allow
these reviews to proceed. The ROD is not a decision on the Badger State
Solar's loan application and is not an approval of the expenditure of
federal funds.
DATES: The Administrator of the Rural Utilities Service signed the
Record of Decision on December 22, 2022.
ADDRESSES: To request copies of the ROD, contact Peter Steinour at
[email protected]. The ROD is also available at RUS website
at https://www.rd.usda.gov/resources/environmental-studies/impact-statements.
FOR FURTHER INFORMATION CONTACT: For further information, contact Peter
Steinour, Environmental Protection Specialist, USDA, Rural Utilities
Service, 1400 Independence Ave. SW, Mail Stop 1570, Washington, DC
20250, by phone at 202-961-6140, or email at
[email protected].
SUPPLEMENTARY INFORMATION:
1. Purpose and Need: Badger State Solar has indicated that it
intends to request Federal financing from the USDA RUS for development
of the Project. While RUS is authorized under the Rural Electrification
Act of 1936 (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.
2. Project Description: Badger State Solar proposes to construct,
install, operate, and maintain a 149-megawatt (MW) photovoltaic (PV)
Alternating Current solar energy generating facility on a site in the
Townships of Jefferson and Oakland, in Jefferson County, Wisconsin. The
total estimated Project cost would be approximately $225,000,000.
Project construction is anticipated to begin in November 2022.
Construction would be complete, and the Project would be expected to
come online by Fall 2023.
The Jefferson County site initially included three proposed
development areas: The Primary Solar Array Area, Alternate Solar Array
Area, and Optional Solar Array Area. As the solar facility design
progressed, Badger State Solar determined that the approximately 1,200-
acre Primary Area would be suitable to host the proposed 149 MW solar
power facility without requiring development of the Alternate and
Optional Areas. The Primary Area became the Proposed Action which is
the focus of this Environmental Impact Statement (EIS). The Proposed
Action would take place on approximately 1,200 acres located on the
north and south sides of US Highway 18 (US 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.
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
[[Page 1347]]
agreement allows for an operating period of 40 years. A power purchase
agreement has been executed with Dairyland Power Cooperative for the
entire output of the Proposed Action. The Project site is near the
point of interconnection to the grid at the American Transmission
Company (ATC) Jefferson substation near the intersection of State Trunk
Highway 89 and US 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. Fencing
would be placed around contiguous blocks of solar arrays.
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
Project 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 chapter 3 of the Final
EIS.
In the EIS, the effects of the proposal are compared to the
existing conditions in the affected area of the proposal. Public health
and safety, environmental impacts, socio-economic, and engineering
aspects of the proposal are also considered in the Final EIS.
The proposed Project is subject to the jurisdiction of the Public
Service Commission of Wisconsin (PSCW), Wisconsin Department of Natural
Resources (WDNR), Wisconsin Historical Society-Historic Preservation
Office (SHPO), Wisconsin Department of Transportation (WisDOT), and the
State of Wisconsin Division of Safety and Buildings. Badger State Solar
has submitted applications to the PSCW for a Certificate of Public
Convenience and Necessity; and either has or will submit applications
for permits to the WDNR for an Isolated Wetlands Permit and Wisconsin
Pollution Discharge Elimination System/Stormwater Runoff Permit
(NR216); WisDOT for a utility permit, driveway/access permit, and
oversize/overweight permit; and the State of Wisconsin Division of
Safety and Buildings for a Building permit. Badger State Solar may also
submit applications for permits as needed to Jefferson County Highway
Department (oversize-overweight, utility, county highway entrance),
Jefferson County Land Conservation Department (stormwater management),
Jefferson County (construction permit, utilities, sanitary permits),
Jefferson County Farm District Drainage No. 16 (drainage alteration
permit), City of Jefferson (driveway, sign, and building permits) and
Town of Oakland (driveway permits). These state and local agency
permits would authorize Badger State Solar to construct the proposed
project under Wisconsin rules and regulations.
While RUS is authorized under the REA to make loans to finance
electric generation infrastructure in rural areas, it is the 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. Along with other technical and
financial considerations, completing the environmental review process
is one of RUS's requirements in processing Badger State Solar's
application. RUS is the lead Federal agency for environmental review of
the proposed project.
RUS prepared a Final EIS and published a notice of availability in
the Federal Register on August 26, 2022 (87 FR 52502), to analyze the
impacts of its respective Federal actions and the proposed Project in
accordance with NEPA, the Council on Environmental Quality's
Regulations for Implementing the Procedural Provisions of NEPA (40 CFR
parts 1500 through 1508), and RUS Environmental Policies and Procedures
(7 CFR part 1970). Two comments were received on the Final EIS; one
from the Environmental Protection Agency which indicated that their
previous comments on the Draft EIS had been addressed in the Final EIS
and one from the United States Army Corps of Engineers offering no
comment on the Final EIS. No additional revisions to the Final EIS were
necessary upon receipt of these comments.
RUS determined that its action regarding the proposed Project is an
undertaking subject to review under Section 106 of the National
Historic Preservation Act and its implementing regulation, ``Protection
of Historic Properties'' (36 CFR part 800) and as part of its broad
environmental review process, RUS must take into account the effect of
the proposed project on historic properties.
Of the identified archaeological resources within the Area of
Potential Effect, none are recommended as eligible for the National
Register of Historic Places. However, as a result of the archaeological
and architecture/history investigations conducted for the Proposed
Action, two of the resources within the Area of Potential Effects were
recommended for avoidance or further investigations: a historic
cemetery and the William Eustis House. Project activities would avoid
the historic cemetery boundaries by a minimum of 10 feet. With regard
to the NRHP-eligible William Eustis House, a No Adverse Effect finding
was recommended based on the following factors: lack of any potential
for physical destruction, damage or alterations to the property; an
absence of proposed activities which could alter the architectural
character of the Eustis House; and presence of intervening visual
intrusions (dense vegetation, trees and barns) between the house and
the proposed solar arrays. There would be no adverse effect to NRHP-
eligible historical structures. Based on these results, a finding of No
Adverse Effect in accordance with 36 CFR 800.5(b) is appropriate for
the Proposed Action. RUS submitted this finding in a letter to the
Federally recognized tribes and the SHPO in November 2021 and January
2022, respectively. On January 27, 2022, the SHPO concurred the
Proposed Action would have no adverse effects to historic properties.
The proposed overhead transmission crossing of U.S. 18 was added to
the Proposed Action in February 2022. RUS recommended the finding of No
Adverse Effect was still appropriate for the Proposed Action. RUS
submitted this finding in a letter to the Federally recognized tribes
and the SHPO in March 2022. These letters are on file at RUS. On March
30, 2022, the SHPO concurred the Proposed Action would have no adverse
effects to historic properties.
RUS consulted with the following Federally recognized Native
American tribes:
Citizen Potawatomi Nation, Oklahoma
Forest County Potawatomi Community of Wisconsin
Fort Belknap Indian Community of the Fort Belknap Reservation
of Montana
Ho-Chunk Nation of Wisconsin
Lac du Flambeau Band of Lake Superior Chippewa Indians of the
Lac du Flambeau Reservation of Wisconsin
[[Page 1348]]
Menominee Indian Tribe of Wisconsin
Miami Tribe of Oklahoma
Osage Nation
Prairie Band Potawatomi Nation
Winnebago Tribe of Nebraska
The Ho-Chunk Nation of Wisconsin, Menominee Tribe of Wisconsin,
Miami Tribe of Oklahoma, Osage Nation, and the Winnebago Tribe of
Nebraska did not provide objections to the project; however, they
requested to be notified of any inadvertent discoveries. A Post-Review
Discovery Plan was prepared and in the event of an inadvertent
discovery, these Tribes will be contacted. The other Indian tribes
consulted did not provide comments.
Based on consideration of the environmental impacts of the proposed
Project and comments received throughout the agency and public review
process, RUS has determined that Proposed Action Alternative as
described above best meets the purpose and need for the proposed
Project. RUS finds that the evaluation of reasonable alternatives is
consistent with NEPA and RUS Environmental Policies and Procedures.
Details regarding RUS regulatory decision and compliance with
applicable regulations are included in the ROD.
Andrew Berke,
Administrator, Rural Utilities Service, U.S. Department of Agriculture.
[FR Doc. 2023-00299 Filed 1-9-23; 8:45 am]
BILLING CODE 3410-15-P
