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

2011·187 MB·English
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Preview Plan amendment / final EIS for the Palen Solar Power Project : for the 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 (760) 833-7100 Fax (760) 833-7199 | 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: (760) 833-7100; 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. N y\ -'''-"i' i

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