Notice of Availability of the Draft Resource Management Plan Amendment and Environmental Impact Statement for the Copper Rays Solar Project in Nye County, Nevada, 77175-77177 [2024-21607]
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Federal Register / Vol. 89, No. 183 / Friday, September 20, 2024 / Notices
hard of hearing, or have a speech
disability may dial 711 (TYY, TDD, or
TeleBraille) to access
telecommunication relay services for
contacting Mr. Distel. 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:
ddrumheller on DSK120RN23PROD with NOTICES1
Purpose and Need
The BLM’s purpose for the action is
to respond to Ioneer’s proposal as
described in its proposed Plan of
Operations, and to analyze the potential
environmental effects associated with
the Proposed Action and alternatives to
the Proposed Action. NEPA mandates
that the BLM evaluate the potential
effects of the Proposed Action and
develop alternatives. The BLM’s need
for the action is established by the
BLM’s responsibilities under section
302 of FLPMA and the BLM Surface
Management Regulations at 43 CFR part
3800 subpart 3809 to respond to a
proposed Plan of Operations.
Alternatives A, B, and C
Under Alternative A, the Proposed
Action, Ioneer is proposing to construct,
operate, close, and reclaim a new
lithium-boron mine project in
Esmeralda County, Nevada. The
proposed Rhyolite Ridge Lithium-Boron
Mine Project Plan of Operations
boundary would encompass 7,166 acres,
which consists of a 6,369-acre
Operational Project Area and a 797-acre
Access Road and Infrastructure
Corridor. The total surface disturbance
associated with Alternative A, including
existing and reclassified disturbance
and exploration, would be 2,306 acres of
BLM-administered public lands and
private land.
The Project would employ a
workforce of approximately 400 to 500
employees during initial construction
and approximately 350 employees
during operations. The Project would
operate 24 hours per day, 365 days per
year. The total life of the Project would
be 23 years, including four years of
construction (years 1 through 4), 17
years of quarrying (years 1 through 17),
13 years of ore processing (years 4
through 17), and 6 additional years of
reclamation (Years 18 through 23).
Reclamation of disturbed areas would
be completed in accordance with BLM
and Nevada Division of Environmental
Protection regulations. Concurrent
reclamation would take place where
practicable and safe.
The proposed activities for the Project
would include:
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16:44 Sep 19, 2024
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• A mine, including an open pit berm
and water storage tanks;
• A processing facility, including a
contact water pond and diversion
channels;
• Three overburden storage facilities
(North, West, and Quarry Infill),
including contact water ponds and
diversion channels;
• One spent ore storage facility,
including an underdrain pond and
diversion channels;
• Project Area exploration, including
access routes and drill sites with sumps;
• Haul roads, service roads, and
public road realignment;
• Buckwheat exclusion area and
critical habitat fencing; and
• Ancillary facilities including an
explosives storage area, communication
towers, All-Terrain Vehicle trails, a
batch plant, a proposed water supply
testing facilities including pipelines, a
sewage system including septic leach
fields, a dewatering pipeline, growth
media stockpiles, stormwater controls
and diversions, monitoring wells,
laydown yards, and fencing.
Under Alternative B, the North and
South OSF Alternative, which is the
BLM’s preferred alternative, all mine
components and operations would be
the same as Alternative A, but the
facility layout would be modified to
reduce surface disturbance within the
Tiehm’s buckwheat (Eriogonum tiemii)
designated critical habitat. Surface
disturbance under Alternative B would
be less than Alternative A and total
approximately 2,271 acres.
Under Alternative C, the No Action
Alternative, the development of the
Project would not be authorized and
Ioneer would not construct, operate, and
close a new lithium-boron mine project.
Lead and Cooperating Agencies
The BLM Battle Mountain District
Office is the lead agency for the EIS. The
Nevada Department of Wildlife, the
Nevada Division of Forestry, the U.S.
Department of Energy, the U.S. Fish and
Wildlife Service—Ecological Services,
the U.S. Fish and Wildlife Service—
Migratory Birds Program, the U.S.
Environmental Protection Agency, and
the Esmeralda County Board of County
Commissioners have participated in this
environmental analysis as cooperating
agencies. Several Native American
Tribes have also participated in the
environmental analysis.
Schedule for the Decision-Making
Process
Consistent with the NEPA and the
BLM’s land use planning regulations,
the BLM is providing a 30-day public
review period for the Final EIS and will
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77175
not issue a decision on the proposal for
a minimum of 30 days after the date that
EPA publishes its NOA in the Federal
Register.
(Authority: 40 CFR 1506.6, 40 CFR 1506.10)
Jon D. Sherve,
District Manager, Battle Mountain District.
[FR Doc. 2024–21580 Filed 9–19–24; 8:45 am]
BILLING CODE 4331–21–P
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[BLM_NV_FRN_MO4500180510]
Notice of Availability of the Draft
Resource Management Plan
Amendment and Environmental Impact
Statement for the Copper Rays Solar
Project in Nye County, Nevada
Bureau of Land Management,
Interior.
ACTION: Notice of availability.
AGENCY:
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) has
prepared a Draft Resource Management
Plan (RMP) Amendment and Draft
Environmental Impact Statement (EIS)
for the Copper Rays Solar Project and by
this notice is providing information
announcing the opening of the comment
period on the Draft RMP Amendment/
EIS.
DATES: This notice announces the
opening of a 90-day comment period for
the Draft RMP Amendment/EIS
beginning with the date following the
Environmental Protection Agency’s
(EPA) publication of its Notice of
Availability (NOA) in the Federal
Register. The EPA usually publishes its
NOAs on Fridays.
To afford the BLM the opportunity to
consider comments on the Draft RMP
Amendment/EIS, please ensure your
comments are received prior to the close
of the 90-day comment period or 15
days after the last public meeting,
whichever is later.
The BLM will be holding one inperson public meeting and one virtual
public meeting during the public
comment period.
• In-Person Meeting
—Date and Time: October 22, 2024, 6
p.m. to 8 p.m. Pacific Daylight Time
(PDT)
—Location: Pahrump Nugget Hotel
and Casino, 681 NV Highway 160,
Pahrump, Nevada 89048
• Virtual Meeting
SUMMARY:
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77176
Federal Register / Vol. 89, No. 183 / Friday, September 20, 2024 / Notices
—Date and Time: October 24, 2024, 6
p.m. to 8 p.m. PDT
—Registration information: https://
eplanning.blm.gov/eplanning-ui/
project/2019523/510
Details on public meetings and
pertinent documents will be provided
on the National NEPA Register project
website: https://eplanning.blm.gov/
eplanning-ui/project/2019523/510.
ADDRESSES: The Draft RMP
Amendment/EIS is available for review
on the BLM National NEPA Register
project website at https://eplanning.
blm.gov/eplanning-ui/project/2019523/
510. Additionally, a copy of the Draft
RMP Amendment/EIS is physically
available at the following locations:
• BLM Southern Nevada District
Office, Pahrump Field Office, 4701 N.
Torrey Pines Drive, Las Vegas, Nevada
89130.
• Pahrump Community Library, 701
East Street, Pahrump, Nevada 89408.
• Tecopa Branch Library, 408 Tecopa
Hot Springs Road, Tecopa, California
92389.
Written comments related to the Draft
RMP Amendment/EIS for the Copper
Rays Solar Project may be submitted by
any of the following methods:
• Website: https://eplanning.blm.gov/
eplanning-ui/project/2019523/510.
• Email: BLM_NV_SND_
EnergyProjects@blm.gov.
• Mail: BLM Pahrump Field Office,
Attn: Copper Rays Solar Project, 4701 N.
Torrey Pines Drive, Las Vegas, Nevada
89130.
FOR FURTHER INFORMATION CONTACT:
Jessica Headen, Project Manager,
telephone (702) 515–5206; address 4701
N.Torrey Pines Drive, Las Vegas,
Nevada 89130; email BLM_NV_SND_
EnergyProjects@blm.gov. 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 Jessica Headen. 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
has prepared a Draft RMP Amendment/
EIS and provides information
announcing the opening of the comment
period on the Draft RMP Amendment/
EIS. The Draft RMP Amendment is
being considered to allow the BLM to
evaluate the effects of modifying the
Visual Resource Management (VRM)
Class III designated lands south of State
Route 160 and west of Tecopa Road to
VerDate Sep<11>2014
16:44 Sep 19, 2024
Jkt 262001
the Town of Pahrump, Nevada, to VRM
Class IV and modifying two existing
undeveloped utility corridors that
intersect the Project site. Both changes
would require amending the existing
1998 Las Vegas RMP.
The planning area in Clark and Nye
counties, Nevada, encompasses
approximately 9,890,365 acres within
the Southern Nevada District. The total
acreage for the VRM Class I through IV
areas designated under the 1998 Las
Vegas RMP is approximately 3,297,016
acres. This Draft RMP Amendment aims
to modify the VRM Class for an area of
approximately 9,960 acres of BLMadministered land that is currently
designated as VRM Class III and update
the BLM’s VRM management objectives
in this area to VRM Class IV. The
amendment area would include the
proposed Copper Rays Project site along
with other constructed projects and
proposed solar applications within the
Pahrump Valley.
A BLM designated energy corridor,
Segment # 224–225 North Pahrump/
U.S. 95 to Las Vegas/Ivanpah Valley (a
Section 368 energy corridor) along the
Clark County/Nye County border
intersects the western portion of the
Project site. A locally designated utility
corridor, established by the 1998 Las
Vegas RMP (the RMP-designated utility
corridor), intersects the southwest
corner of the Project site. An
amendment to the 1998 Las Vegas RMP
is being considered to modify these two
existing undeveloped corridors to avoid
the Project site. The Draft RMP
Amendment, if approved, will realign
the existing Section 368 energy corridor
to be outside of the Project site
boundary and remove the Amargosa—
Roach section of the RMP-designated
utility corridor, which is approximately
96 miles in length.
The BLM is utilizing the NEPA
substitution process to comply with the
requirements of Section 106 of the
National Historic Preservation Act, 54
U.S.C. 306108, consistent with 36 CFR
800.8(c). The BLM, as lead Federal
agency, has incorporated information
and the steps of the Section 106 process
into the Draft EIS, and publication of the
Draft EIS will allow the consulting
parties and the public an opportunity to
review and comment on the process as
provided in 36 CFR 800.8(c)(2).
Purpose and Need
The need for the BLM’s action
(processing the Applicant’s application)
is to respond to the Applicant’s request
for a right-of-way (ROW) authorization
to construct, operate, maintain, and
decommission the proposed Project in
accordance with the BLM’s
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Fmt 4703
Sfmt 4703
responsibility under Title V of FLPMA
and 43 CFR part 2800. The BLM’s action
of considering the ROW application also
contributes towards the legislative and
administrative goals of advancing the
development of renewable energy
production on Federal public lands as
directed by section 3104 of the Energy
Act of 2020 and Executive Order 14057.
The Project as proposed would not
conform to the 1998 Las Vegas RMP as
required by 43 CFR 1610.5–3(a). The
BLM would need to amend the 1998 Las
Vegas RMP to bring the Project into
compliance. In particular, the
Applicant’s proposed Project does not
conform with the management
objectives of the Project site’s VRM
classification (Class III) and two existing
undeveloped utility corridors that
intersect the Project site would require
realignment.
The purpose of the BLM’s action is to
determine if the Applicant’s Project and
alternatives are consistent with relevant
laws, regulations, and policies, and to
consider whether to grant, grant with
modifications, or deny the ROW. The
purpose of the Draft RMP Amendment
is to ensure that any development of
renewable energy production in the
general vicinity of the Applicant’s
proposed Project site conforms with the
RMP’s provisions, as provided for in 43
CFR 1610.5–3(c), specifically by
reclassifying this geographic area as
VRM Class IV and modifying the
location of the utility corridors to avoid
the Project site.
The Draft EIS addresses the direct,
indirect, and cumulative environmental
impacts of the Proposed Action and
alternatives. Alternatives to the
Proposed Action were developed by the
BLM to avoid or reduce various resource
conflicts. Key resource constraints
include habitat for, and presence of, the
Mojave desert tortoise, which is listed as
threatened under the Endangered
Species Act; presence of waters of the
United States; limited groundwater
resources; vegetation at the Project site;
recreation use in the surrounding area;
proximity to local communities; and
generation of dust.
Alternatives Including the Preferred
Alternative
The BLM has analyzed five
alternatives in detail: the Applicant
Proposed Action, Alternative 1 (BLM
preferred alternative), Alternative 2,
Alternative 2A, and the No Action
Alternative. These are discussed in
detail in Chapter 2, Proposed Action
and Alternatives, of the Draft RMP
Amendment and EIS.
Alternative Action 1, the BLM
preferred alternative (referred to as the
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Federal Register / Vol. 89, No. 183 / Friday, September 20, 2024 / Notices
Resources Integration Alternative) was
identified in response to issues raised
by the public and agency
considerations. The intent of the
Resources Integration Alternative is to
minimize disturbance to vegetation and
soils within the solar facility by setting
maximum allowable disturbance
thresholds to vegetation during
construction, utilizing various
construction methods across the site,
and setting restoration goals. Grading
would be limited to a maximum of 20
percent of the total development area,
and construction would involve
implementation of overland travel and
drive and crush methods such that 60
percent of the vegetation density is
maintained.
Alternative 2, which was proposed by
the Applicant, and Alternative 2A were
designed to minimize disturbance to
vegetation and soils within the solar
facility by setting maximum allowable
disturbance thresholds to vegetation
during construction; however, those
disturbance thresholds differ from
Alternative 1. Under Alternative 2,
grading would be limited to a maximum
of 25.6 percent (918 acres) of the
development area and vegetation would
be cut to a maximum of 10 inches
anywhere solar panels would be
constructed and in a 5-foot buffer
around each of the solar arrays.
Alternative 2A is a hybrid alternative of
Alternative 1 and Alternative 2.
Alternative 2A would include the same
grading allowance as Alternative 2, but
maintain native desert vegetation at a
height of 24 inches or taller across the
Project site (with trimming allowed to
no less than 18 inches where it directly
interferes with equipment or panel
performance).
The No Action Alternative would be
a continuation of existing conditions
and the ROW would not be approved.
The BLM further considered a number
of additional alternatives but dismissed
these alternatives from detailed analysis
as explained in the Draft RMP
Amendment/EIS and Alternatives
Report.
The BLM has identified Alternative
Action 1—Resources Integration
Alternative as the preferred alternative.
Alternative Action 1 was found to best
meet the BLM’s planning guidance and
is designed to be a Project lifecycle
alternative, as the alternative addresses
not only construction, but also
operations, maintenance, and
decommissioning of the solar facility.
Alternative Action 1 minimizes
disturbance to vegetation and soils
within the solar facility, and minimizes
impacts to wildlife habitat, soils, air
quality, and water quality. Alternative
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Action 1 also reduces impacts to
recreation by maintaining an existing
OHV route southwest of the Project.
Mitigation
The BLM included forty-four
mitigation measures including, but not
limited to, the following measures to
address key resources:
• Dust control and stabilization (MM
AIR–1)
• Emissions control (MM AIR–2)
• Reducing the project footprint and
access control (MM WILD–1)
• Qualified biologist (MM WILD–2)
• Wildlife workers environmental
awareness program (MM WILD–3)
• Pre-construction and pre-activity
surveys (MM WILD–4)
• Minimization of wildlife entrapment
(MM WILD–5)
• Minimization of wildlife conflicts
(MM WILD–6)
• Protection of mesquite bosque (MM
WILD–7)
• Pre-construction western monarch
butterfly surveys (MM WILD–8)
• Desert tortoise burrows (MM WILD–9)
• Timing of plant surveys, site
restoration, and plan requirements
(MM VG–1)
• Cacti, yucca, and perennial plant
salvage (MM VG–2)
• Invasive species management (MM
VG–3)
• Timing of vegetation maintenance
(MM VG–4)
• Visual design considerations and
surface treatment procedures (MM
VR–1)
• Minimize reflectivity (MM VR–2)
• Night lighting (MM VR–3)
• Minimize visual impacts during
construction (MM VR–4)
• Minimize visual impacts during
operation and maintenance (MM VR–
5)
• Aviation glare notification (MM VR–
6)
• OHV route signage for alternative
routes (MM REC–1)
• Old Route 16 maintained access (MM
REC–2)
• Stormwater quality monitoring
program (MM WR–1)
• Prevention of flooding and
development in floodplain areas (MM
WR–2)
• Spill prevention and control measures
(MM WR–3)
• Groundwater pumping meter and
development of a groundwater
monitoring and reporting plan (MM
WR–4)
• Fence maintenance (MM WR–5)
• Septic system documentation and
adaptive management (MM WR–6).
These mitigation measures, along
with Project Design Features required by
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77177
the Southern Nevada District Office,
management plans, and interagency
operating procedures, are provided in
full in Appendix B of the Draft RMP
Amendment/EIS.
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 30-day
public protest period and a concurrent
60-day Governor’s consistency review
on the Proposed RMP Amendment. The
Proposed RMP Amendment/Final EIS is
anticipated to be available for public
protest by late spring 2025, and if the
project is authorized, the approved RMP
Amendment and Record of Decision
would be available by late summer
2025.
The BLM will continue to consult
with Indian Tribal Nations on a
government-to-government basis in
accordance with Executive Order 13175,
BLM Manual 1780 and other
Departmental policies. Tribal concerns
will be given due consideration.
Before including your address, phone
number, email address, or other
personal identifying information in your
comment, you should be aware that
your entire comment—including your
personal identifying information—may
be made publicly available at any time.
While you can ask us in your comment
to withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so.
(Authority: 40 CFR 1506.6, 40 CFR 1506.10,
43 CFR 1610.2, and 43 CFR part 2800)
Jon K. Raby,
State Director.
[FR Doc. 2024–21607 Filed 9–19–24; 8:45 am]
BILLING CODE 4331–21–P
DEPARTMENT OF THE INTERIOR
National Park Service
[NPS–WASO–NAGPRA–NPS0038728;
PPWOCRADN0–PCU00RP14.R50000]
Notice of Inventory Completion:
University of California, Berkeley,
Berkeley, CA
National Park Service, Interior.
Notice.
AGENCY:
ACTION:
In accordance with the Native
American Graves Protection and
Repatriation Act (NAGPRA), the
University of California Berkeley has
completed an inventory of human
remains and associated funerary objects
SUMMARY:
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]]>Agencies
[Federal Register Volume 89, Number 183 (Friday, September 20, 2024)]
[Notices]
[Pages 77175-77177]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-21607]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[BLM_NV_FRN_MO4500180510]
Notice of Availability of the Draft Resource Management Plan
Amendment and Environmental Impact Statement for the Copper Rays Solar
Project in Nye County, Nevada
AGENCY: Bureau of Land Management, Interior.
ACTION: Notice of availability.
-----------------------------------------------------------------------
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) has
prepared a Draft Resource Management Plan (RMP) Amendment and Draft
Environmental Impact Statement (EIS) for the Copper Rays Solar Project
and by this notice is providing information announcing the opening of
the comment period on the Draft RMP Amendment/EIS.
DATES: This notice announces the opening of a 90-day comment period for
the Draft RMP Amendment/EIS beginning with the date following the
Environmental Protection Agency's (EPA) publication of its Notice of
Availability (NOA) in the Federal Register. The EPA usually publishes
its NOAs on Fridays.
To afford the BLM the opportunity to consider comments on the Draft
RMP Amendment/EIS, please ensure your comments are received prior to
the close of the 90-day comment period or 15 days after the last public
meeting, whichever is later.
The BLM will be holding one in-person public meeting and one
virtual public meeting during the public comment period.
In-Person Meeting
--Date and Time: October 22, 2024, 6 p.m. to 8 p.m. Pacific
Daylight Time (PDT)
--Location: Pahrump Nugget Hotel and Casino, 681 NV Highway 160,
Pahrump, Nevada 89048
Virtual Meeting
[[Page 77176]]
--Date and Time: October 24, 2024, 6 p.m. to 8 p.m. PDT
--Registration information: https://eplanning.blm.gov/eplanning-ui/project/2019523/510
Details on public meetings and pertinent documents will be provided
on the National NEPA Register project website: https://eplanning.blm.gov/eplanning-ui/project/2019523/510.
ADDRESSES: The Draft RMP Amendment/EIS is available for review on the
BLM National NEPA Register project website at https://eplanning.blm.gov/eplanning-ui/project/2019523/510. Additionally, a
copy of the Draft RMP Amendment/EIS is physically available at the
following locations:
BLM Southern Nevada District Office, Pahrump Field Office,
4701 N. Torrey Pines Drive, Las Vegas, Nevada 89130.
Pahrump Community Library, 701 East Street, Pahrump,
Nevada 89408.
Tecopa Branch Library, 408 Tecopa Hot Springs Road,
Tecopa, California 92389.
Written comments related to the Draft RMP Amendment/EIS for the
Copper Rays Solar Project may be submitted 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 N. Torrey Pines Drive, Las Vegas, Nevada 89130.
FOR FURTHER INFORMATION CONTACT: Jessica Headen, Project Manager,
telephone (702) 515-5206; address 4701 N.Torrey Pines Drive, Las Vegas,
Nevada 89130; email [email protected]. 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 Jessica Headen.
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
has prepared a Draft RMP Amendment/EIS and provides information
announcing the opening of the comment period on the Draft RMP
Amendment/EIS. The Draft RMP Amendment is being considered to allow the
BLM to evaluate the effects of modifying the Visual Resource Management
(VRM) Class III designated lands south of State Route 160 and west of
Tecopa Road to the Town of Pahrump, Nevada, to VRM Class IV and
modifying two existing undeveloped utility corridors that intersect the
Project site. Both changes would require amending the existing 1998 Las
Vegas RMP.
The planning area in Clark and Nye counties, Nevada, encompasses
approximately 9,890,365 acres within the Southern Nevada District. The
total acreage for the VRM Class I through IV areas designated under the
1998 Las Vegas RMP is approximately 3,297,016 acres. This Draft RMP
Amendment aims to modify the VRM Class for an area of approximately
9,960 acres of BLM-administered land that is currently designated as
VRM Class III and update the BLM's VRM management objectives in this
area to VRM Class IV. The amendment area would include the proposed
Copper Rays Project site along with other constructed projects and
proposed solar applications within the Pahrump Valley.
A BLM designated energy corridor, Segment # 224-225 North Pahrump/
U.S. 95 to Las Vegas/Ivanpah Valley (a Section 368 energy corridor)
along the Clark County/Nye County border intersects the western portion
of the Project site. A locally designated utility corridor, established
by the 1998 Las Vegas RMP (the RMP-designated utility corridor),
intersects the southwest corner of the Project site. An amendment to
the 1998 Las Vegas RMP is being considered to modify these two existing
undeveloped corridors to avoid the Project site. The Draft RMP
Amendment, if approved, will realign the existing Section 368 energy
corridor to be outside of the Project site boundary and remove the
Amargosa--Roach section of the RMP-designated utility corridor, which
is approximately 96 miles in length.
The BLM is utilizing the NEPA substitution process to comply with
the requirements of Section 106 of the National Historic Preservation
Act, 54 U.S.C. 306108, consistent with 36 CFR 800.8(c). The BLM, as
lead Federal agency, has incorporated information and the steps of the
Section 106 process into the Draft EIS, and publication of the Draft
EIS will allow the consulting parties and the public an opportunity to
review and comment on the process as provided in 36 CFR 800.8(c)(2).
Purpose and Need
The need for the BLM's action (processing the Applicant's
application) is to respond to the Applicant's request for a right-of-
way (ROW) authorization to construct, operate, maintain, and
decommission the proposed Project in accordance with the BLM's
responsibility under Title V of FLPMA and 43 CFR part 2800. The BLM's
action of considering the ROW application also contributes towards the
legislative and administrative goals of advancing the development of
renewable energy production on Federal public lands as directed by
section 3104 of the Energy Act of 2020 and Executive Order 14057.
The Project as proposed would not conform to the 1998 Las Vegas RMP
as required by 43 CFR 1610.5-3(a). The BLM would need to amend the 1998
Las Vegas RMP to bring the Project into compliance. In particular, the
Applicant's proposed Project does not conform with the management
objectives of the Project site's VRM classification (Class III) and two
existing undeveloped utility corridors that intersect the Project site
would require realignment.
The purpose of the BLM's action is to determine if the Applicant's
Project and alternatives are consistent with relevant laws,
regulations, and policies, and to consider whether to grant, grant with
modifications, or deny the ROW. The purpose of the Draft RMP Amendment
is to ensure that any development of renewable energy production in the
general vicinity of the Applicant's proposed Project site conforms with
the RMP's provisions, as provided for in 43 CFR 1610.5-3(c),
specifically by reclassifying this geographic area as VRM Class IV and
modifying the location of the utility corridors to avoid the Project
site.
The Draft EIS addresses the direct, indirect, and cumulative
environmental impacts of the Proposed Action and alternatives.
Alternatives to the Proposed Action were developed by the BLM to avoid
or reduce various resource conflicts. Key resource constraints include
habitat for, and presence of, the Mojave desert tortoise, which is
listed as threatened under the Endangered Species Act; presence of
waters of the United States; limited groundwater resources; vegetation
at the Project site; recreation use in the surrounding area; proximity
to local communities; and generation of dust.
Alternatives Including the Preferred Alternative
The BLM has analyzed five alternatives in detail: the Applicant
Proposed Action, Alternative 1 (BLM preferred alternative), Alternative
2, Alternative 2A, and the No Action Alternative. These are discussed
in detail in Chapter 2, Proposed Action and Alternatives, of the Draft
RMP Amendment and EIS.
Alternative Action 1, the BLM preferred alternative (referred to as
the
[[Page 77177]]
Resources Integration Alternative) was identified in response to issues
raised by the public and agency considerations. The intent of the
Resources Integration Alternative is to minimize disturbance to
vegetation and soils within the solar facility by setting maximum
allowable disturbance thresholds to vegetation during construction,
utilizing various construction methods across the site, and setting
restoration goals. Grading would be limited to a maximum of 20 percent
of the total development area, and construction would involve
implementation of overland travel and drive and crush methods such that
60 percent of the vegetation density is maintained.
Alternative 2, which was proposed by the Applicant, and Alternative
2A were designed to minimize disturbance to vegetation and soils within
the solar facility by setting maximum allowable disturbance thresholds
to vegetation during construction; however, those disturbance
thresholds differ from Alternative 1. Under Alternative 2, grading
would be limited to a maximum of 25.6 percent (918 acres) of the
development area and vegetation would be cut to a maximum of 10 inches
anywhere solar panels would be constructed and in a 5-foot buffer
around each of the solar arrays. Alternative 2A is a hybrid alternative
of Alternative 1 and Alternative 2. Alternative 2A would include the
same grading allowance as Alternative 2, but maintain native desert
vegetation at a height of 24 inches or taller across the Project site
(with trimming allowed to no less than 18 inches where it directly
interferes with equipment or panel performance).
The No Action Alternative would be a continuation of existing
conditions and the ROW would not be approved.
The BLM further considered a number of additional alternatives but
dismissed these alternatives from detailed analysis as explained in the
Draft RMP Amendment/EIS and Alternatives Report.
The BLM has identified Alternative Action 1--Resources Integration
Alternative as the preferred alternative. Alternative Action 1 was
found to best meet the BLM's planning guidance and is designed to be a
Project lifecycle alternative, as the alternative addresses not only
construction, but also operations, maintenance, and decommissioning of
the solar facility. Alternative Action 1 minimizes disturbance to
vegetation and soils within the solar facility, and minimizes impacts
to wildlife habitat, soils, air quality, and water quality. Alternative
Action 1 also reduces impacts to recreation by maintaining an existing
OHV route southwest of the Project.
Mitigation
The BLM included forty-four mitigation measures including, but not
limited to, the following measures to address key resources:
Dust control and stabilization (MM AIR-1)
Emissions control (MM AIR-2)
Reducing the project footprint and access control (MM WILD-1)
Qualified biologist (MM WILD-2)
Wildlife workers environmental awareness program (MM WILD-3)
Pre-construction and pre-activity surveys (MM WILD-4)
Minimization of wildlife entrapment (MM WILD-5)
Minimization of wildlife conflicts (MM WILD-6)
Protection of mesquite bosque (MM WILD-7)
Pre-construction western monarch butterfly surveys (MM WILD-8)
Desert tortoise burrows (MM WILD-9)
Timing of plant surveys, site restoration, and plan
requirements (MM VG-1)
Cacti, yucca, and perennial plant salvage (MM VG-2)
Invasive species management (MM VG-3)
Timing of vegetation maintenance (MM VG-4)
Visual design considerations and surface treatment procedures
(MM VR-1)
Minimize reflectivity (MM VR-2)
Night lighting (MM VR-3)
Minimize visual impacts during construction (MM VR-4)
Minimize visual impacts during operation and maintenance (MM
VR-5)
Aviation glare notification (MM VR-6)
OHV route signage for alternative routes (MM REC-1)
Old Route 16 maintained access (MM REC-2)
Stormwater quality monitoring program (MM WR-1)
Prevention of flooding and development in floodplain areas (MM
WR-2)
Spill prevention and control measures (MM WR-3)
Groundwater pumping meter and development of a groundwater
monitoring and reporting plan (MM WR-4)
Fence maintenance (MM WR-5)
Septic system documentation and adaptive management (MM WR-6).
These mitigation measures, along with Project Design Features
required by the Southern Nevada District Office, management plans, and
interagency operating procedures, are provided in full in Appendix B of
the Draft RMP Amendment/EIS.
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 30-day public protest period and a concurrent 60-day
Governor's consistency review on the Proposed RMP Amendment. The
Proposed RMP Amendment/Final EIS is anticipated to be available for
public protest by late spring 2025, and if the project is authorized,
the approved RMP Amendment and Record of Decision would be available by
late summer 2025.
The BLM will continue to consult with Indian Tribal Nations on a
government-to-government basis in accordance with Executive Order
13175, BLM Manual 1780 and other Departmental policies. Tribal concerns
will be given due consideration.
Before including your address, phone number, email address, or
other personal identifying information in your comment, you should be
aware that your entire comment--including your personal identifying
information--may be made publicly available at any time. While you can
ask us in your comment to withhold your personal identifying
information from public review, we cannot guarantee that we will be
able to do so.
(Authority: 40 CFR 1506.6, 40 CFR 1506.10, 43 CFR 1610.2, and 43 CFR
part 2800)
Jon K. Raby,
State Director.
[FR Doc. 2024-21607 Filed 9-19-24; 8:45 am]
BILLING CODE 4331-21-P
