82 FR 49846 - Notice of Availability of the Draft Supplemental Environmental Impact Statement and Environmental Impact Report and Draft Land Use Plan Amendment for the Palen Solar Photovoltaic Project, California
DEPARTMENT OF THE INTERIOR
Bureau of Land Management Federal Register Volume 82, Issue 207 (October 27, 2017)
Bureau of Land Management
Federal Register Volume 82, Issue 207 (October 27, 2017)
| Page Range | 49846-49847 | |
| FR Document | 2017-23417 |
[Federal Register Volume 82, Number 207 (Friday, October 27, 2017)] [Notices] [Pages 49846-49847] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-23417] ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Bureau of Land Management [LLCAD06000.51010000.ER0000.LVRWB17B5480 17X5017AP; CACA41880] Notice of Availability of the Draft Supplemental Environmental Impact Statement and Environmental Impact Report and Draft Land Use Plan Amendment for the Palen Solar Photovoltaic Project, California AGENCY: Bureau of Land Management, Interior. ACTION: Notice of availability. ----------------------------------------------------------------------- SUMMARY: In accordance 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 Amendment to the California Desert Conservation Area (CDCA) Plan and a Draft Supplemental Environmental Impact Statement (EIS) for the Palen Solar Photovoltaic (PSP) Project and by this Notice is announcing the opening of the comment period. This document is also an Environmental Impact Report (EIR) prepared by Riverside County under the California Environmental Quality Act (CEQA). DATES: To ensure that all comments will be considered, the BLM must receive written comments on the Draft Supplemental EIS/EIR within 45 days following the date the Environmental Protection Agency publishes its Notice of Availability in the Federal Register. The BLM will announce future meetings or hearings and any other public involvement activities at least 15 days in advance through public notices, media releases, on the project Web site, and/or mailings. ADDRESSES: You may submit comments related to the PSP Project by any of the following methods: Web site: https://eplanning.blm.gov/epl-front-office/eplanning/planAndProjectSite.do?methodName=renderDefaultPlanOrProjectSite&projectId=68122. Email: [email protected]. Mail: Palen Solar PV Project, c/o Aspen Environmental Group, 235 Montgomery Street, Suite 935, San Francisco, CA 94104 Copies of the Draft Supplemental EIS/EIR are available in the BLM- Palm Springs South Coast Field Office, 1201 Bird Center Drive, Palm Springs, CA 92262, and at the BLM California Desert District Office, 22835 Calle San Juan De Los Lagos, Moreno Valley, CA 92553, and electronically on the project Web site. Compact Disc copies of the document are available through request on this project Web site address. FOR FURTHER INFORMATION CONTACT: Mark DeMaio, BLM Project Manager, telephone: (760) 833-7124; address: BLM, Palm Springs-South Coast Field Office, 1201 Bird Center Drive, Palm Springs, CA 92262; email: [email protected]. Persons who use telecommunication devices for the deaf may call the Federal Relay Service at 1-800-877-8339 to contact the above individual during normal business hours. The Service is available 24 hours a day, 7 days a week, to leave a message or questions with the above individual regarding the project. You will receive a reply during normal business hours. SUPPLEMENTARY INFORMATION: EDF Renewable Energy has applied for a Right-of-Way (ROW) from the BLM to construct, operate, maintain, and decommission a 500 megawatt (MW) solar photovoltaic facility near Desert Center, Riverside County, California. The ROW application area comprises about 4,200 acres, with a proposed project footprint of about 3,400 acres. The proposed project also includes construction of a 6.7- mile single circuit 230 kilovolt generation interconnection (gen-tie) transmission line connecting the project to the Southern California Edison (SCE) Red Bluff Substation. The BLM is also considering an amendment to the CDCA Plan that would be necessary to authorize the project. This is a joint EIS/EIR for compliance with NEPA and CEQA. Riverside County is the lead agency under CEQA. This Project application was originally submitted in 2007 as the Palen Solar Power Project (PSPP) by Palen Solar I, LLC (PSI), a wholly owned subsidiary of Solar Millennium. The PSPP was proposed as a solar trough project, and was the subject of an EIS under NEPA. The BLM, pursuant to its obligations under FLPMA and NEPA, published a Draft EIS, followed by a Proposed Resource Management Plan Amendment (RMP) and Final EIS on May 13, 2011 (76 FR 28064). Before the BLM issued a Record of Decision (ROD), PSI informed the BLM that it would not construct the Project due to bankruptcy. As a result, the BLM did not issue a ROD, did not amend the RMP, and did not issue a ROW grant for the PSPP. On June 21, 2012, the bankruptcy court approved the transfer of the application from PSI to Palen Solar III, LLC (PSIII). BrightSource Energy Inc., (BSE) then acquired all rights to PSIII at auction. PSIII submitted a revised ROW application to the BLM for the Palen Solar Electricity Generating System Project (PSEGS), a 500 MW concentrating solar power tower technology facility and single-circuit 230 kV gen-tie line. On July 27, 2013, the BLM issued a Draft Supplemental EIS and Plan Amendment to evaluate the potential additional environmental impacts caused by PSEGS. As part of the State permitting process, the California Energy Commission evaluated the PSEGS under CEQA, and issued Preliminary and Final Staff Assessments for the amended project in June and November of 2013, respectively. The BLM did not issue a Final Supplemental EIS for the PSEGS Project because BSE and its partner, Abengoa Solar Inc., abandoned the State authorization proceedings at the California Energy Commission. In December 2015, EDF Renewable Energy acquired the PSEGS project. EDF Renewable Energy has submitted a revised ROW application for the Proposed Project, which is analyzed in [[Page 49847]] this Draft Supplemental EIS/EIR and Draft Plan Amendment. For the PSP Project, the BLM held public meetings on the revised ROW application in June and August 2016 in Palm Springs, California. The Draft Supplemental EIS/EIR includes analysis of the revised ROW application as it relates to the following issues: (1) Updated description of the Proposed Project, based on the revised ROW application; (2) Impacts to cultural resources and tribal concerns; (3) Impacts to the Sand Transport Corridor and Mojave fringe-toed lizard habitat and washes; (4) Impacts to Joshua Tree National Park; (5) Impacts to avian species; (6) Impacts to visual resources; and (7) Relationship between the project and the regional renewable energy planning in the Desert Renewable Energy Conservation Plan. In addition to the Proposed Action, the Draft Supplemental EIS/EIR considers a No-Action Alternative and two additional action alternatives. Alternative 1, Reduced Footprint, would be a 500 MW Photovoltaic (PV) array on about 3,100 acres. It avoids the central and largest desert wash and incorporates a more efficient use of the land for the solar array. Alternative 2, Avoidance Alternative, would be an up to 230 MW solar PV array on about 1,620 acres. Like the Proposed Action, under each of these alternatives, the BLM would amend the CDCA Plan to allow the project. Under the No-Action Alternative, the BLM would deny the ROW application, and would not amend the CDCA Plan to allow the project. The BLM has selected Alternative 1--Reduced Footprint Alternative-- as the Agency-Preferred Alternative for the Draft Supplemental EIS. The BLM and other cooperating agencies involved are inviting Draft Supplemental EIS reviewers to offer comments on the comparison of alternatives, as presented in the document. Your input is important and will be considered in the environmental and land-use planning analysis. Please note that public comments and information submitted, including names, street addresses, and email addresses of persons who submit comments will be available for public review and disclosure at the above address during regular business hours (8 a.m. to 4 p.m.), Monday through Friday, except holidays. 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. Danielle Chi, Deputy State Director, California. [FR Doc. 2017-23417 Filed 10-26-17; 8:45 am] BILLING CODE 4310-40-P
![49846 Federal Register / Vol. 82, No. 207 / Friday, October 27, 2017 / Notices
Permit Applicant Species/numbers Location Activity Type of take Permit action
application No.
TE 034476–4 ..... Florida Forest Red-cockaded woodpecker (Picoides Blackwater River Population man- Install artificial nest Renewal and
Service, borealis). State Forest, agement and cavities and Amendment.
Blackwater For- Florida. monitoring. restrictors, mon-
estry Center, Mil- itor nest cavities,
ton, FL. capture, band,
and translocate.
Authority: We provide this notice under ADDRESSES: You may submit comments would be necessary to authorize the
section 10(c) of the Act. related to the PSP Project by any of the project. This is a joint EIS/EIR for
Dated: September 7, 2017. following methods: compliance with NEPA and CEQA.
Aaron L. Valenta, Web site: https://eplanning.blm.gov/ Riverside County is the lead agency
Acting Assistant Regional Director, Ecological
epl-front-office/eplanning/ under CEQA.
Services, Southeast Region. planAndProjectSite.do?method This Project application was
[FR Doc. 2017–23390 Filed 10–26–17; 8:45 am]
Name=renderDefaultPlanOrProject originally submitted in 2007 as the
Site&projectId=68122. Palen Solar Power Project (PSPP) by
BILLING CODE 4333–15–P
Email: palensolar@blm.gov. Palen Solar I, LLC (PSI), a wholly
Mail: Palen Solar PV Project, c/o
owned subsidiary of Solar Millennium.
Aspen Environmental Group, 235
DEPARTMENT OF THE INTERIOR The PSPP was proposed as a solar
Montgomery Street, Suite 935, San
trough project, and was the subject of an
Bureau of Land Management Francisco, CA 94104
Copies of the Draft Supplemental EIS/ EIS under NEPA. The BLM, pursuant to
EIR are available in the BLM-Palm its obligations under FLPMA and NEPA,
[LLCAD06000.51010000. Springs South Coast Field Office, 1201 published a Draft EIS, followed by a
ER0000.LVRWB17B5480 17X5017AP;
Bird Center Drive, Palm Springs, CA Proposed Resource Management Plan
CACA41880] Amendment (RMP) and Final EIS on
92262, and at the BLM California Desert
District Office, 22835 Calle San Juan De May 13, 2011 (76 FR 28064).
Notice of Availability of the Draft
Los Lagos, Moreno Valley, CA 92553, Before the BLM issued a Record of
Supplemental Environmental Impact
and electronically on the project Web Decision (ROD), PSI informed the BLM
Statement and Environmental Impact
site. Compact Disc copies of the that it would not construct the Project
Report and Draft Land Use Plan
document are available through request due to bankruptcy. As a result, the BLM
Amendment for the Palen Solar
on this project Web site address. did not issue a ROD, did not amend the
Photovoltaic Project, California
FOR FURTHER INFORMATION CONTACT:
RMP, and did not issue a ROW grant for
AGENCY: Bureau of Land Management, Mark DeMaio, BLM Project Manager, the PSPP.
Interior. telephone: (760) 833–7124; address: On June 21, 2012, the bankruptcy
ACTION: Notice of availability. BLM, Palm Springs-South Coast Field court approved the transfer of the
Office, 1201 Bird Center Drive, Palm application from PSI to Palen Solar III,
SUMMARY: In accordance with the Springs, CA 92262; email: mdemaio@ LLC (PSIII). BrightSource Energy Inc.,
National Environmental Policy Act of blm.gov. (BSE) then acquired all rights to PSIII at
1969, as amended (NEPA), and the Persons who use telecommunication auction. PSIII submitted a revised ROW
Federal Land Policy and Management devices for the deaf may call the Federal application to the BLM for the Palen
Act of 1976, as amended (FLPMA), the Relay Service at 1–800–877–8339 to Solar Electricity Generating System
Bureau of Land Management (BLM) has contact the above individual during Project (PSEGS), a 500 MW
prepared a Draft Amendment to the normal business hours. The Service is concentrating solar power tower
California Desert Conservation Area available 24 hours a day, 7 days a week, technology facility and single-circuit
(CDCA) Plan and a Draft Supplemental to leave a message or questions with the 230 kV gen-tie line. On July 27, 2013,
Environmental Impact Statement (EIS) above individual regarding the project. the BLM issued a Draft Supplemental
for the Palen Solar Photovoltaic (PSP) You will receive a reply during normal EIS and Plan Amendment to evaluate
Project and by this Notice is announcing business hours. the potential additional environmental
the opening of the comment period. SUPPLEMENTARY INFORMATION: EDF impacts caused by PSEGS. As part of the
This document is also an Environmental Renewable Energy has applied for a State permitting process, the California
Impact Report (EIR) prepared by Right-of-Way (ROW) from the BLM to Energy Commission evaluated the
Riverside County under the California construct, operate, maintain, and PSEGS under CEQA, and issued
Environmental Quality Act (CEQA). decommission a 500 megawatt (MW) Preliminary and Final Staff Assessments
DATES: To ensure that all comments will solar photovoltaic facility near Desert for the amended project in June and
be considered, the BLM must receive Center, Riverside County, California. November of 2013, respectively.
written comments on the Draft The ROW application area comprises The BLM did not issue a Final
Supplemental EIS/EIR within 45 days about 4,200 acres, with a proposed Supplemental EIS for the PSEGS Project
asabaliauskas on DSKBBXCHB2PROD with NOTICES
following the date the Environmental project footprint of about 3,400 acres. because BSE and its partner, Abengoa
Protection Agency publishes its Notice The proposed project also includes Solar Inc., abandoned the State
of Availability in the Federal Register. construction of a 6.7-mile single circuit authorization proceedings at the
The BLM will announce future meetings 230 kilovolt generation interconnection California Energy Commission. In
or hearings and any other public (gen-tie) transmission line connecting December 2015, EDF Renewable Energy
involvement activities at least 15 days the project to the Southern California acquired the PSEGS project. EDF
in advance through public notices, Edison (SCE) Red Bluff Substation. Renewable Energy has submitted a
media releases, on the project Web site, The BLM is also considering an revised ROW application for the
and/or mailings. amendment to the CDCA Plan that Proposed Project, which is analyzed in
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![Federal Register / Vol. 82, No. 207 / Friday, October 27, 2017 / Notices 49847
this Draft Supplemental EIS/EIR and your entire comment—including your 1205–06 (Jan. 11, 2016). The complaint,
Draft Plan Amendment. personal identifying information—may as supplemented, alleges violations of
For the PSP Project, the BLM held be made publicly available at any time. section 337 in the importation into the
public meetings on the revised ROW While you can ask us in your comment United States, the sale for importation,
application in June and August 2016 in to withhold your personal identifying and the sale within the United States
Palm Springs, California. The Draft information from public review, we after importation of certain radio
Supplemental EIS/EIR includes analysis cannot guarantee that we will be able to frequency identification (‘‘RFID’’)
of the revised ROW application as it do so. products and components thereof by
relates to the following issues: Authority: 40 CFR 1506.6, 40 CFR reason of infringement of certain claims
(1) Updated description of the 1506.10, 43 CFR 1610.2. of U.S. Patent Nos. 8,325,044 (‘‘the ’044
Proposed Project, based on the revised patent’’); 7,119,664 (‘‘the ’664 patent’’);
ROW application; Danielle Chi, and 8,587,436 (‘‘the ’436 patent’’). The
(2) Impacts to cultural resources and Deputy State Director, California. complaint further alleges that an
tribal concerns; [FR Doc. 2017–23417 Filed 10–26–17; 8:45 am] industry in the United States exists as
(3) Impacts to the Sand Transport BILLING CODE 4310–40–P required by 19 U.S.C. 1337(a)(2). The
Corridor and Mojave fringe-toed lizard notice of investigation named numerous
habitat and washes; respondents. Respondents Kapsch
(4) Impacts to Joshua Tree National INTERNATIONAL TRADE TrafficCom IVHS, Inc. of McLean,
Park; COMMISSION Virginia; Kapsch TrafficCom Holding
(5) Impacts to avian species; Corp. of McLean, Virginia; Kapsch
(6) Impacts to visual resources; and [Investigation No. 337–TA–979] TrafficCom Canada, Inc. of Mississauga,
(7) Relationship between the project Ontario, Canada; Star Systems
and the regional renewable energy Certain Radio Frequency Identification International, Ltd. of Kwai Chung, Hong
planning in the Desert Renewable (‘‘RFID’’) Products and Components Kong; and STAR RFID Co., Ltd. of
Energy Conservation Plan. Thereof Commission Determination Bangkok, Thailand (collectively,
In addition to the Proposed Action, Finding No Violation of Section 337; ‘‘Respondents’’) remain in the
the Draft Supplemental EIS/EIR Termination of the Investigation investigation. The Office of Unfair
considers a No-Action Alternative and Import Investigations is also a party in
AGENCY: U.S. International Trade
two additional action alternatives. this investigation.
Commission.
Alternative 1, Reduced Footprint, would All asserted claims of the ’664 patent
be a 500 MW Photovoltaic (PV) array on ACTION: Notice.
and certain asserted claims of the ’044
about 3,100 acres. It avoids the central SUMMARY: Notice is hereby given that patent and the ’436 patent have been
and largest desert wash and the U.S. International Trade terminated from the investigation. See
incorporates a more efficient use of the Commission has determined to find no Comm’n Notice (Sept. 27, 2016). Only
land for the solar array. Alternative 2, violation of section 337 of the Tariff Act claims 13, 14, and 25 of the ’044 patent
Avoidance Alternative, would be an up of 1930, in the above-identified and claims 1, 2, and 4 of the ’436 patent
to 230 MW solar PV array on about investigation. The investigation is remain in the investigation (collectively,
1,620 acres. Like the Proposed Action, terminated in its entirety. ‘‘the Asserted Claims’’).
under each of these alternatives, the On June 22, 2017, the ALJ issued her
BLM would amend the CDCA Plan to FOR FURTHER INFORMATION CONTACT:
final ID finding no violation of section
allow the project. Under the No-Action Cathy Chen, Esq., Office of the General 337 by the Respondents in connection
Alternative, the BLM would deny the Counsel, U.S. International Trade with the Asserted Claims. The final ID
ROW application, and would not amend Commission, 500 E Street SW., found that all of the Asserted Claims are
the CDCA Plan to allow the project. Washington, DC 20436, telephone (202) invalid on multiple grounds. Had the
The BLM has selected Alternative 1— 205–2392. Copies of non-confidential Asserted Claims not been found invalid,
Reduced Footprint Alternative—as the documents filed in connection with this the final ID also found that the accused
Agency-Preferred Alternative for the investigation are or will be available for products infringe the Asserted Claims;
Draft Supplemental EIS. The BLM and inspection during official business that Neology’s domestic industry
other cooperating agencies involved are hours (8:45 a.m. to 5:15 p.m.) in the products practice claim 25 of the ’044
inviting Draft Supplemental EIS Office of the Secretary, U.S. patent and claims 1, 2, and 4 of the ’436
reviewers to offer comments on the International Trade Commission, 500 E patent; and that Neology has satisfied
comparison of alternatives, as presented Street SW., Washington, DC 20436, the economic prong of the domestic
in the document. telephone (202) 205–2000. General industry requirement as to the ’044 and
Your input is important and will be information concerning the Commission the ’436 patents.
considered in the environmental and may also be obtained by accessing its Neology filed a timely petition for
land-use planning analysis. Please note Internet server at https://www.usitc.gov. review of the final ID, challenging the
that public comments and information The public record for this investigation final ID’s finding that the Asserted
submitted, including names, street may be viewed on the Commission’s Claims are invalid. That same day, the
addresses, and email addresses of electronic docket (EDIS) at https:// Commission’s Investigative Attorney
persons who submit comments will be edis.usitc.gov. Hearing-impaired (‘‘IA’’) filed a contingent petition for
persons are advised that information on
asabaliauskas on DSKBBXCHB2PROD with NOTICES
available for public review and review of the final ID and Respondents
disclosure at the above address during this matter can be obtained by filed a joint contingent petition for
regular business hours (8 a.m. to 4 p.m.), contacting the Commission’s TDD review of the final ID. Neology and the
Monday through Friday, except terminal on (202) 205–1810. IA both challenge certain of the final
holidays. SUPPLEMENTARY INFORMATION: The ID’s findings with respect to the
Before including your address, phone Commission instituted this investigation economic prong of the domestic
number, email address, or other on January 11, 2016, based on a industry requirement as to the ’436
personal identifying information in your complaint filed by Neology, Inc. of patent. Respondents also challenge the
comment, you should be aware that Poway, California (‘‘Neology’’). 81 FR final ID’s finding that the Asserted
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Document Created: 2017-10-27 02:05:54
Document Modified: 2017-10-27 02:05:54
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice of availability. | |
| Dates | To ensure that all comments will be considered, the BLM must receive written comments on the Draft Supplemental EIS/EIR within 45 days following the date the Environmental Protection Agency publishes its Notice of Availability in the Federal Register. The BLM will announce future meetings or hearings and any other public involvement activities at least 15 days in advance through public notices, media releases, on the project Web site, and/or mailings. | |
| Contact | Mark DeMaio, BLM Project Manager, | |
| FR Citation | 82 FR 49846 |
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