Plan amendment / final EIS for the Palen Solar Power Project : for the Palm Springs-South Coast Field Office

2011·187 MB·English

by  United States. Bureau of Land Management. Palm Springs/South Coast Field Office

BLM LIBRARY
88068009
Bureau of Land Management
PLAN AMENDMENT/FINAL
EIS
FOR THE
PALEN SOLAR POWER PROJECT
Volume
of 2
1
May
2011

DO! Control No. FES 11-06
United States Department of the Interior
Bureau of Land Management
Amendment
Plan Final EIS
/
for the
Palen Solar Power Project
For the
Palm Springs - South Coast Field Office
Palm Springs, California
May
2011
Aon
JohrvB<^Kalish Date
Field Manager
DOI Control #: 11-06
Publication Index #: BLM/CA/ES-201 1-1 1+1793
NEPA Tracking # DOI-BLM-CA-060-0010-0015-EIS
United States Department of the Interior U.S.MiDNEAPwARoT*MC«M*t«o0»«*TMHAIO«Mu>»ntEraiOI
Bureau ofLand Management
1201 Bird Center Drive
Palm Springs, CA 92262
Phone [phone] Fax [phone]
|
http://www.blm.gov/ca/palmsprings/
In reply referto:
CACA 048810
May 2011
6,
Dear Reader:
Enclosed is the Proposed Resource Management Plan Amendment/Final Environmental Impact Statement
(PA/FEIS) forthe California Desert Conservation Area (CDCA) Plan and right-of-way grant application
ofPalen Solar I, LLC, awholly owned subsidiary ofSolar Millennium forthe Palen Solar Power Project
(PSPP). The Bureau ofLand Management (BLM) prepared the PA/FEIS in consultation with cooperating
agencies, taking into account public comments received during the National Environmental Policy Act
(NEPA) process. The proposed decision on the plan amendment would add the PSPP site to those
CDCA
identified in the current Plan, 1980 as amended, for solar energy production. The proposed
decision on the PSPP is whetherto approve the right-of-way grant applied for on behalfofPalen Solar I,
LLC.
This PA/FEIS forthe PSPP has been developed in accordance with NEPA and the Federal Land Policy
and Management Act of 1976 (FLPMA). The PA is based largely on the preferred alternative in the Draft
Resource Management Plan Amendment/Draft Environmental Impact Statement (PA/DEIS), which was
released on March 18, 2010. The PA/FEIS for the PSPP contains the proposed plan and project decisions,
a summary ofchanges made between the PA/DEIS and PA/FEIS, an analysis ofthe impacts ofthe
decisions, a summary ofwritten comments received during the public review period forthe PA/DEIS and
responses to comments.
The BLM will accept additional public comment on the PA/FEIS for 30 days afterthe Environmental
Protection Agency publishes the Notice ofAvailability in the Federal Register. Comments can be sent to
Allison Shaffer, Project Manager, by mail: 1201 Bird Center Drive, Palm Springs, CA, 92262; phone:
[phone]; or email [email protected] All substantive comments will be reviewed and
.
responded to in the Record ofDecision.
Pursuantto BLM’s planning regulations (43 CFR 1610.5-2), any person who participated in the planning
process forthe proposed resource management plan amendment and has an interestthat is or may be
adversely affected bythe proposed amendment may protest such amendment within 30 days from the date
the Environmental Protection Agency publishes its notice ofavailability forthe PA/FEIS in the Federal
Register. Unlike the planning decision, issuance ofthe proposed right-of-way grant is an implementation
BLM
decision that is not subjectto protest underthe planning regulations.
For further information on filing a protest, please see the accompanying protest regulations in the pages
that follow (Attachment 1). The regulations specify the required elements in a protest. Protesting parties
should take care to document all relevant facts and, as much as possible, reference or cite the planning
documents or available planning records (e.g., meeting minutes or summaries, correspondence, etc.). To
aid in ensuringthe completeness ofthe protest, a protest checklist is attached to this letter (labeled as
Attachment 2). All protests must be in writing and mailed to one ofthe following addresses:
Regular Mail: Overnight Mail or Other Delivery;
Director (210) Director (210)
Attention; Brenda Hudgens-Williams Attention; Brenda Hudgens-Williams
BLM BLM
Protest Coordinator Protest Coordinator
M
P.O. Box 71383 20 Street, S.E., Room 2134LM
Washington, D.C. 20024-1383 Washington, DC 20003
Before including your address, phone number, e-mail 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.
Emailed and faxed protests will not be accepted as valid protests unless the protesting party also provides
the original letter by either regular or overnight mail postmarked by the close ofthe protest period. Under
BLM
these conditions, the will considerthe emailed or faxed protest as an advance copy and will afford it
BLM
full consideration. Ifyou wish to provide the with such advance notification, please direct faxed
BLM
protests to the attention ofBrenda Hudgens-Williams - Protest Expeditor at 202-912-7129, and
emailed protests to Brenda Hudgens-Williams@,blm.gov
.
The BLM Director will make every attempt to promptly render a decision on each valid protest. The
decision will be in writing and will be sentto the protesting party by certified mail, return receipt
BLM
requested. The decision ofthe Director shall be the final decision ofthe Department ofthe Interior.
Responses to protest issues will be compiled in a Director’s Protest Resolution Reportthat will be made
available to the public following issuance ofthe decisions.
Upon resolution ofall protests, the BLM may issue a Record ofDecision (ROD) adopting the Approved
PA and making a decision regarding issuance ofthe right-of-way grant forthe PSPP. Copies ofthe ROD
will be mailed or made available electronicallyto all who participated in this NEPA process and will be
BLM
available to all parties through the “Planning” page ofthe national website
(http://www.blm.gov/plannm2), or by mail upon request.
Unlike land use planning decisions, implementation decisions included inthis PA/FEIS are not subjectto
BLM
protest underthe planningregulations, but are subjectto an administrative reviewprocess, through
appeals tothe Office ofHearings and Appeals (OHA), Interior Board ofLand Appeals (IBLA) pursuantto
43 CFR, Part 4 Subpart E. Implementation decisions generally constitute the BLM’s final approval allowing
on-the-ground actions to proceed. Where implementation decisions are made as part ofthe land use
planning process, they are still subjecttothe appeals process or other administrative review as prescribed by
BLM
specific resource program regulations oncethe resolvesthe proteststo land use planning decisions and
issues an Approved PA and ROD. The Approved PA and ROD therefore will identifythe implementation
decisions made in the planthat may be appealed to the Office ofHearing and Appeals.
Sincerely,
John R. Kalish
Field Manager
Attachment 1
Protest Regulations
[CITE; 43CFR1610.5-2]
TITLE 43-PUBLIC LANDS: INTERIOR
CHAPTER II-BUREAU OF LAND MANAGEMENT, DEPARTMENT OF THE INTERIOR
PART 1600-PLANNING, PROGRAMMING, BUDGETING-Table ofContents
Subpart 1610—Resource Management Planning
Sec. 1610.5-2 Protest procedures.
(a) Any person who participated in the planning process and has an interest which is or may be
adversely affected by the approval or amendment ofa resource management plan may protest such
approval or amendment. A protest may raise only those issues which were submitted for the record
during the planning process.
(1) The protest shall be in writing and shall be filed with the Director. The protest shall be filed
within 30 days ofthe date the Environmental Protection Agency published the notice of
receipt ofthe final environmental impact statement containing the plan or amendment in the
Federal Register. For an amendment not requiring the preparation ofan environmental impact
statement, the protest shall be filed within 30 days ofthe publication ofthe notice ofits
effective date.
(2) The protest shall contain:
(i) The name, mailing address, telephone number and interest ofthe person filing the protest;
A
(ii) statement ofthe issue or issues being protested;
(iii) A statement ofthe part or parts ofthe plan or amendment being protested;
A
(iv) copy ofall documents addressing the issue or issues that were submitted during the
planning process by the protesting party or an indication ofthe date the issue or issues
were discussed for the record; and
(v) A concise statement explaining why the State Director's decision is believed to be wrong.
(3)
The Director shall promptly render a decision on the protest. The decision shall be in writing
and shall set forth the reasons for the decision. The decision shall be sent to the protesting
party by certified mail, return receipt requested.
(b) The decision ofthe Director shall be the final decision ofthe Department ofthe Interior.
)
Attachment 2
Resource Management Plan Protest
Critical Item Checklist
The following items must be included to constitute a valid protest
whether using this optional format, or a narrative letter.
CFR
(43 1610.5-2)
BLM’s practice is to make comments, includingnames andhome addresses ofrespondents, available forpublic review.
Before includingyouraddress, phonenumber, e-mail address, orotherpersonal identifying information in yourcomment, be
advisedthatyourentire comment-includingyourpersonal identifying information-may bemadepublicly availableat any
time. While youcan ask us in yourcomment towithholdfrom public review yourpersonal identifying information, we cannot
guarantee thatwe will be able todo so. All submissions from organizations andbusinesses, and from individuals identifying
themselves asrepresentativesorofficials oforganizations andbusinesses, will beavailable forpublic inspection in their
entirety.
Resource Management Plan (RMP) or Amendment (RMPA) being protested:
Name:
Address:
Phone Number:
(
Your interest in filing this protest (how will you be adversely affected by the approval or
amendment ofthis plan?):
Issue or issues being protested:
Statement ofthe part or parts ofthe plan being protested:
Attach copies ofall documents addressing the issue(s) that were submitted during the planning
OR
process by the protesting party, an indication ofthe date the issuets) were discussed for the
record
.
Date(s):
A concise statement explaining why the State Director’s decision is believed to be wrong:
Palm Springs South Coast Field Office
Palen Solar Power Project
Plan Amendment/Final Environmental Impact Statement
Lead Agency; Bureau of Land Management (BLM)
Palm Springs / South Coast Field Office (PSSCFO)
Palm Springs, California
For further information, contact:
Allison Shaffer, Project Manager PSSCFO -
1201 Bird Center Drive, Palm Springs, CA 92262
Abstract
This Plan Amendment/Final Environmental Impact Statement (PA/FEIS) addresses two decisions by the
United States Bureau of Land Management (BLM): the possible approval of an amendment to the
California Desert Conservation Area Plan (CDCA Plan) to recognize the site ofthe proposed Palen Solar
Power Project (PSPP); and the possible approval of a right-of-way (ROW) grant to Palen Solar 1^ for
construction, operation and decommissioning ofa solar electricity generation facility. The Agency
ROW
Preferred Alternative is to grant the to Palen Solar I for the PSPP, which covers approximately
4,365 acres, managed primarily by the BLM, and which would generate 500 megawatts (MW) of
electricity. The PA/FEIS identifies impacts ofthe Agency Preferred Alternative, including impacts related
to biological resources, cultural resources, land use, visual resources, and hydrology, water quality, and
water use. Many ofthese adverse impacts can be avoided or substantially reduced based on compliance
with applicable laws, ordinances, regulations and standards, and compliance with measures provided in
this PA/FEIS.
MW
Chapter 2 discusses the various alternatives analyzed by BLM, including: the proposed PSPP (500
requiring about 2,970 acres ofdisturbance within an approximately 5,200 acre ROW); Reconfigured
MW MW
Alternative 1 (500 on approximately 2,940 acres); Reconfigured Alternative 2 (500 on 4,402 acres
MW
or 500 on 4,330 acres, depending on whether Option 1 or Option 2 is developed); Reduced Acreage
Alternative (375 MW on approximately 2,080 acres); the No Action Alternative (no ROW grant and no
CDCA Plan Amendment); and two CDCA Plan Amendment/No Project Alternatives (amend the CDCA Plan
for no solar/no ROW grant, and amend the CDCA Plan for solar energy development/no ROW grant,
respectively). Chapter 3 describes the existing conditions on and in the vicinity ofthe project site. Chapter
4 describes the potential environmental consequences expected to result from each ofthe Alternatives,
including the Agency Preferred Alternative. Chapter 5 describes consultation and coordination with
federal, state, local, and non-governmental organizations as well as the BLM's responses to comments
received on the StaffAssessment/Draft Environmental Impact Statement.
The Field Manager ofthe Palm Springs South Coast Field Office has the authority for site management of
future activities related to the ROW grant and is the BLM Authorized Officer for this PA/FEIS.
1 Chevron Energy Solutions and Solar Millennium would bejoint developers ofthe PSPP. Chevron Energy
Solutions applied forthe ROW grantforthe PSPP. To facilitate the permitting ofthe project, the developers
have requested that the BLM issue one ROW grantto a project-specific company. The companyfor PSPP is
Palen Solar I, LLC a wholly owned subsidiary ofSolar Millennium and the single Applicant forthe PSPP.
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