83 FR 55199 - Notice of Availability of the Record of Decision for the EDF Renewable Energy Palen Solar Photovoltaic Project Riverside County, California
DEPARTMENT OF THE INTERIOR
Bureau of Land Management Federal Register Volume 83, Issue 213 (November 2, 2018)
Bureau of Land Management
Federal Register Volume 83, Issue 213 (November 2, 2018)
| Page Range | 55199-55200 | |
| FR Document | 2018-24017 |
[Federal Register Volume 83, Number 213 (Friday, November 2, 2018)] [Notices] [Pages 55199-55200] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-24017] ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Bureau of Land Management [LLCAD06000 L51010000.ER0000 LVRWB18B5480 18X; MO 4500126502] Notice of Availability of the Record of Decision for the EDF Renewable Energy Palen Solar Photovoltaic Project Riverside County, 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 Record of Decision (ROD) to Authorize a Right-of-Way (ROW) and amend the California Desert Conservation Area Plan (CDCA Plan) for the EDF Renewable Energy Palen Solar Photovoltaic Project, and by this Notice is announcing its availability. The Assistant Secretary--Land and Minerals Management (ASLM) signed the ROD on October 29, 2018, which constitutes the final decision of the Department, and makes the Approved Land Use Plan Amendment to the CDCA Plan and authorization of a ROW effective immediately. This decision is not subject to appeal under Departmental regulations, and any challenge to this decision, including the BLM Authorized Officer's issuance of the ROW as directed by this decision, must be brought in Federal district court. DATES: The ASLM signed the ROD on October 29, 2018. ADDRESSES: Copies of the ROD are available for public inspection at the BLM-Palm Springs-South Coast Field Office at 1201 Bird Center Dr., Palm Springs, CA 92262 and at the BLM-California Desert District Office, 22835 Calle San Juan de Los Lagos, Moreno Valley, CA 92553. Interested persons may also review the ROD on the internet at: http://goo.gl/5nkFMG. FOR FURTHER INFORMATION CONTACT: Mark DeMaio, BLM Project Manager, telephone (760) 833-7100; address, Bureau of Land Management, Palm Springs-South Coast Field Office, 1201 Bird Center Drive, Palm Springs, CA 92262; or email palensolar@blm.gov. Persons who use a telecommunications device for the deaf (TDD) may call the Federal Relay Service at (800) 877-8339 to contact the above individual during normal business hours. The FRS is available 24 hours a day, 7 days a week, to leave a message or question with the above individual. You will receive a reply during normal business hours. SUPPLEMENTARY INFORMATION: EDF Renewable Energy has applied for a 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 3,381 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 Red Bluff Substation. The BLM determined that an amendment to the CDCA Plan would be necessary to authorize the project. Riverside County is the lead agency under the California Environmental Quality Act (CEQA). The BLM and Riverside County prepared a joint Environmental Impact Statement/ Environmental Impact Report (EIS/EIR) for compliance with NEPA and 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 CDCA Plan Amendment and Final EIS on May 13, 2011 (76 FR 28064). Before a Record of Decision was issued, PSI informed the BLM that it would not construct the Project due to bankruptcy. As a result, a decision was not issued, the CDCA Plan was not amended, and a ROW grant was not issued 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, [[Page 55200]] 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, after Abengoa Solar's partner conveyed its project interest to Abengoa, EDF Renewable Energy acquired Abengoa Solar's complete interest in the PSEGS project. EDF Renewable Energy then submitted a revised ROW application for the Proposed Project, which is analyzed in the Final Supplemental EIS/EIR and Proposed Land Use Plan Amendment underlying this ROD. The BLM held public meetings on the revised ROW application in June and August 2016 in Palm Springs, California. On October 27, 2017, the BLM issued the Draft Supplemental EIS/EIR and Draft Land Use Plan Amendment, which analyzed the impacts of the Proposed Action and two action alternatives, in addition to a No Action Alternative. Alternative 1, Reduced Footprint, would be a 500 MW Photovoltaic (PV) array and gen-tie on about 3,140 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 a solar PV project on about 1,620 acres (160 to 230 MW). 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 Draft Supplemental EIS/EIR and Draft Land Use Plan Amendment included analysis of the revised ROW application as it related to issues such as: (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 Proposed Project and the CDCA Plan, including the amendment to the CDCA Plan by the 2016 Desert Renewable Energy Conservation Plan. The Draft Supplemental EIS/EIR was released in October 2017, which included a formal 45-day public comment period. The BLM held a public meeting on November 14, 2017, in Palm Desert, CA. Fourteen individuals attended that meeting. The BLM received 40 comment letters during the comment period. Comments on the Draft Supplemental EIS/EIR and Draft Land Use Plan Amendment received from the public and internal agency review were considered and incorporated as appropriate into the EIS/EIR analysis. These comments resulted in the addition of clarifying text, but did not result in changes in the design, location, or timing of the Project in a way that would cause significant effects to the human environment outside of the range of effects analyzed in the EIS/EIR. Similarly, none of the letters identified new significant circumstances or information relevant to environmental concerns that bear on the Project and its effects. A response to substantive comments is included in the Final Supplemental EIS/EIR and Proposed Land Use Plan Amendment, released in May 2018. The BLM selected Alternative 1, the Reduced Footprint, as the Agency Preferred Alternative in the Final Supplemental EIS/EIR and Proposed Land Use Plan Amendment. Five protests were received on the Final EIS, and the issues raised have been resolved. As a result, only minor editorial modifications were made in response to the issues raised in preparing the Approved Action. These modifications provided further clarification of some of the decision elements. The California Governor's consistency review identified no inconsistences with the Final SEIS for the Preferred Alternative. With this ROD, the BLM adopts the Agency Preferred Alternative. The ASLM approval of this decision is not subject to administrative appeal under Departmental regulations at 43 CFR part 4 pursuant to 43 CFR 4.410(a)(3). Any challenge to this decision must be brought in Federal District Court and is subject to 42 U.S.C. 4370m-6(a)(1). Authority: 40 CFR 1506.6; 40 CFR 1506.10; 43 CFR 1610.2; 43 CFR 1610.5; 42 U.S.C. 4370m-6(a)(1) Brian C. Steed, Deputy Director, Policy and Programs, Exercising the Authority of the Director. [FR Doc. 2018-24017 Filed 11-1-18; 8:45 am] BILLING CODE 4310-40-P
![Federal Register / Vol. 83, No. 213 / Friday, November 2, 2018 / Notices 55199
DEPARTMENT OF THE INTERIOR DEPARTMENT OF THE INTERIOR message or question with the above
individual. You will receive a reply
Bureau of Indian Affairs Bureau of Land Management during normal business hours.
[LLCAD06000 L51010000.ER0000 SUPPLEMENTARY INFORMATION: EDF
[190A2100DD/AAKC001030/ LVRWB18B5480 18X; MO 4500126502] Renewable Energy has applied for a
A0A501010.999900253G] ROW from the BLM to construct,
Notice of Availability of the Record of operate, maintain, and decommission a
Indian Gaming; Approval of Tribal- Decision for the EDF Renewable 500 megawatt (MW) solar photovoltaic
State Class III Gaming Compact Energy Palen Solar Photovoltaic facility near Desert Center, Riverside
Amendment in the State of Oklahoma Project Riverside County, California County, California. The ROW
application area comprises about 4,200
AGENCY: Bureau of Indian Affairs, AGENCY: Bureau of Land Management,
acres, with a proposed project footprint
Interior
Interior. of 3,381 acres. The proposed project
ACTION: Notice of availability. also includes construction of a 6.7-mile
ACTION: Notice.
SUMMARY: In accordance with the single circuit 230 kilovolt generation
National Environmental Policy Act of interconnection (gen-tie) transmission
SUMMARY: The State of Oklahoma line connecting the project to the
entered into a compact amendment with 1969, as amended (NEPA), and the
Federal Land Policy and Management Southern California Edison Red Bluff
the Cheyenne and Arapaho Tribes Substation. The BLM determined that
governing certain forms of class III Act of 1976, as amended (FLPMA), the
Bureau of Land Management (BLM) has an amendment to the CDCA Plan would
gaming; this notice announces the be necessary to authorize the project.
approval of the Model Tribal Gaming prepared a Record of Decision (ROD) to
Authorize a Right-of-Way (ROW) and Riverside County is the lead agency
Compact Supplement between the under the California Environmental
amend the California Desert
Cheyenne and Arapaho Tribes and State Quality Act (CEQA). The BLM and
Conservation Area Plan (CDCA Plan) for
of Oklahoma. Riverside County prepared a joint
the EDF Renewable Energy Palen Solar
DATES: The compact amendment is Photovoltaic Project, and by this Notice Environmental Impact Statement/
is announcing its availability. The Environmental Impact Report (EIS/EIR)
effective on November 2, 2018.
Assistant Secretary—Land and Minerals for compliance with NEPA and CEQA.
FOR FURTHER INFORMATION CONTACT: Ms. Management (ASLM) signed the ROD on This Project application was
Paula L. Hart, Director, Office of Indian October 29, 2018, which constitutes the originally submitted in 2007 as the
Gaming, Office of the Deputy Assistant final decision of the Department, and Palen Solar Power Project (PSPP) by
Secretary—Policy and Economic makes the Approved Land Use Plan Palen Solar I LLC (PSI), a wholly owned
Development, Washington, DC 20240, Amendment to the CDCA Plan and subsidiary of Solar Millennium. The
(202) 219–4066. authorization of a ROW effective PSPP was proposed as a solar trough
immediately. This decision is not project and was the subject of an EIS
SUPPLEMENTARY INFORMATION: Under under NEPA. The BLM, pursuant to its
section 11 of the Indian Gaming subject to appeal under Departmental
regulations, and any challenge to this obligations under FLPMA and NEPA,
Regulatory Act (IGRA) Public Law 100– published a draft EIS, followed by a
497, 25 U.S.C. 2701 et seq., the decision, including the BLM Authorized
Officer’s issuance of the ROW as Proposed CDCA Plan Amendment and
Secretary of the Interior shall publish in Final EIS on May 13, 2011 (76 FR
directed by this decision, must be
the Federal Register notice of approved 28064). Before a Record of Decision was
brought in Federal district court.
Tribal-State compacts for the purpose of issued, PSI informed the BLM that it
DATES: The ASLM signed the ROD on
engaging in Class III gaming activities would not construct the Project due to
on Indian lands. As required by IGRA October 29, 2018. bankruptcy. As a result, a decision was
and 25 CFR 293.4, all compacts and ADDRESSES: Copies of the ROD are not issued, the CDCA Plan was not
amendments are subject to review and available for public inspection at the amended, and a ROW grant was not
approval by the Secretary. The compact BLM-Palm Springs-South Coast Field issued for the PSPP. On June 21, 2012,
amendment authorizes the Tribes to Office at 1201 Bird Center Dr., Palm the bankruptcy court approved the
engage in certain additional class III Springs, CA 92262 and at the BLM- transfer of the application from PSI to
California Desert District Office, 22835 Palen Solar III LLC (PSIII). BrightSource
gaming activities, provides for the
Calle San Juan de Los Lagos, Moreno Energy Inc. (BSE) then acquired all
application of existing revenue sharing
Valley, CA 92553. Interested persons rights to PSIII at auction. PSIII
agreements to the additional forms of
may also review the ROD on the internet submitted a revised ROW application to
class III gaming, and designates how the at: http://goo.gl/5nkFMG.
State will distribute revenue sharing the BLM for the Palen Solar Electricity
FOR FURTHER INFORMATION CONTACT: Generating System Project (PSEGS), a
funds.
Mark DeMaio, BLM Project Manager, 500 MW concentrating solar power
Dated: September 27, 2018. telephone (760) 833–7100; address, tower technology facility and single-
Tara Sweeney, Bureau of Land Management, Palm circuit 230 kV gen-tie line. On July 27,
Assistant Secretary—Indian Affairs. Springs-South Coast Field Office, 1201 2013, the BLM issued a Draft
[FR Doc. 2018–23920 Filed 11–1–18; 8:45 am] Bird Center Drive, Palm Springs, CA Supplemental EIS and Plan Amendment
92262; or email palensolar@blm.gov. to evaluate the potential additional
BILLING CODE 4337–15–P
Persons who use a environmental impacts caused by
telecommunications device for the deaf PSEGS. As part of the state permitting
(TDD) may call the Federal Relay process, the California Energy
Service at (800) 877–8339 to contact the Commission evaluated the PSEGS under
above individual during normal CEQA, and issued Preliminary and
business hours. The FRS is available 24 Final Staff Assessments for the amended
hours a day, 7 days a week, to leave a project in June and November of 2013,
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![55200 Federal Register / Vol. 83, No. 213 / Friday, November 2, 2018 / Notices
respectively. The BLM did not issue a Comments on the Draft Supplemental ACTION: Temporary closure on public
Final Supplemental EIS for the PSEGS EIS/EIR and Draft Land Use Plan lands in Nevada.
Project, because BSE and its partner, Amendment received from the public
Abengoa Solar Inc., abandoned the State and internal agency review were SUMMARY: The Las Vegas Field Office
authorization proceedings at the considered and incorporated as announces the temporary closure of
California Energy Commission. In appropriate into the EIS/EIR analysis. certain public lands under its
December 2015, after Abengoa Solar’s These comments resulted in the administration. The Off-Highway
partner conveyed its project interest to addition of clarifying text, but did not Vehicle (OHV) race area in Laughlin is
Abengoa, EDF Renewable Energy result in changes in the design, location, used by OHV recreationists, and the
acquired Abengoa Solar’s complete or timing of the Project in a way that temporary closure is needed to limit
interest in the PSEGS project. EDF would cause significant effects to the their access to the race area and to
Renewable Energy then submitted a human environment outside of the minimize the risk of potential collisions
revised ROW application for the range of effects analyzed in the EIS/EIR. with spectators and racers during the
Proposed Project, which is analyzed in Similarly, none of the letters identified 2018 Rage at the River Off-Highway
the Final Supplemental EIS/EIR and new significant circumstances or Vehicle Races.
Proposed Land Use Plan Amendment information relevant to environmental DATES: The temporary closure for the
underlying this ROD. concerns that bear on the Project and its 2018 Rage at the River will go into effect
The BLM held public meetings on the effects. A response to substantive at 12:01 a.m. on December 8, 2018 and
revised ROW application in June and comments is included in the Final will remain in effect until 11:59 p.m. on
August 2016 in Palm Springs, Supplemental EIS/EIR and Proposed December 9, 2018.
California. On October 27, 2017, the Land Use Plan Amendment, released in ADDRESSES: The temporary closure
BLM issued the Draft Supplemental EIS/ May 2018. The BLM selected order, communications plan, and map
EIR and Draft Land Use Plan Alternative 1, the Reduced Footprint, as of the temporary closure area will be
Amendment, which analyzed the the Agency Preferred Alternative in the posted at the BLM Las Vegas Field
impacts of the Proposed Action and two Final Supplemental EIS/EIR and Office, 4701 North Torrey Pines Drive,
action alternatives, in addition to a No Proposed Land Use Plan Amendment. Las Vegas, Nevada 89130 and on the
Action Alternative. Alternative 1, Five protests were received on the Final BLM website: www.blm.gov. These
Reduced Footprint, would be a 500 MW EIS, and the issues raised have been materials will also be posted at the
Photovoltaic (PV) array and gen-tie on resolved. As a result, only minor access point of the Laughlin race area
about 3,140 acres. It avoids the central editorial modifications were made in and the surrounding areas.
and largest desert wash and response to the issues raised in FOR FURTHER INFORMATION CONTACT:
incorporates a more efficient use of the preparing the Approved Action. These Kenny Kendrick, Outdoor Recreation
land for the solar array. Alternative 2, modifications provided further Planner, (702) 515–5073. Kkendrick@
Avoidance Alternative, would be a solar clarification of some of the decision blm.gov. Persons who use a
PV project on about 1,620 acres (160 to elements. The California Governor’s telecommunications device for the deaf
230 MW). Like the Proposed Action, consistency review identified no (TDD) may call the Federal Relay
under each of these alternatives, the inconsistences with the Final SEIS for Service (FRS) at 1–800–877–8339 to
BLM would amend the CDCA Plan to the Preferred Alternative. contact the above individual during
allow the project. Under the No-Action With this ROD, the BLM adopts the normal business hours. The FRS is
Alternative, the BLM would deny the
Agency Preferred Alternative. The available 24 hours a day, 7 days a week,
ROW application, and would not amend
ASLM approval of this decision is not to leave a message or question with the
the CDCA Plan to allow the project.
The Draft Supplemental EIS/EIR and subject to administrative appeal under above individual. You will receive a
Draft Land Use Plan Amendment Departmental regulations at 43 CFR part reply during normal business hours.
included analysis of the revised ROW 4 pursuant to 43 CFR 4.410(a)(3). Any SUPPLEMENTARY INFORMATION: The Las
application as it related to issues such challenge to this decision must be Vegas Field Office announces the
as: (1) Updated description of the brought in Federal District Court and is temporary closure of certain public
Proposed Project, based on the revised subject to 42 U.S.C. 4370m-6(a)(1). lands under its administration. This
ROW application; (2) Impacts to cultural Authority: 40 CFR 1506.6; 40 CFR 1506.10; action is being taken to help ensure
resources and tribal concerns; (3) 43 CFR 1610.2; 43 CFR 1610.5; 42 U.S.C. public safety during the official
Impacts to the Sand Transport Corridor 4370m-6(a)(1) permitted running of the 2018 Rage at
and Mojave fringe-toed lizard habitat the River.
Brian C. Steed,
and washes; (4) Impacts to Joshua Tree The public lands affected by this
Deputy Director, Policy and Programs, closure are described as follows:
National Park; (5) Impacts to avian Exercising the Authority of the Director.
species; (6) Impacts to visual resources; [FR Doc. 2018–24017 Filed 11–1–18; 8:45 am] Mount Diablo Meridian, Nevada
and (7) Relationship between the T. 32 S., R. 66 E.,
BILLING CODE 4310–40–P
Proposed Project and the CDCA Plan, sec. 8, NW1⁄4NE1⁄4, S1⁄2NE1⁄4, NW1⁄4, SW1⁄4,
including the amendment to the CDCA and SE1⁄4;
Plan by the 2016 Desert Renewable DEPARTMENT OF THE INTERIOR sec. 9;
Energy Conservation Plan. sec. 10, S1⁄2NE1⁄4, S1⁄2NW1⁄4, SW1⁄4, and
The Draft Supplemental EIS/EIR was Bureau of Land Management SE1⁄4;
released in October 2017, which sec. 11, S1⁄2NE1⁄4, S1⁄2NW1⁄4, SW1⁄4, and
included a formal 45-day public [LLNVS01000 L5105.0000.EA0000 SE1⁄4;
comment period. The BLM held a LVRCF1806490 18X MO# 4500129489] sec. 14;
sec. 15, E1⁄2;
public meeting on November 14, 2017, Notice of Temporary Closure of Public sec. 16, NE1⁄4, W1⁄2, and N1⁄2SE1⁄4;
in Palm Desert, CA. Fourteen Land in Clark County, Nevada sec. 17, E1⁄2NE1⁄4, N1⁄2NW1⁄4NE1⁄4,
individuals attended that meeting. The SE1⁄4NW1⁄4NE1⁄4, NE1⁄4SW1⁄4NE1⁄4,
BLM received 40 comment letters AGENCY: Bureau of Land Management, S1⁄2SW1⁄4NE1⁄4, W1⁄2NE1⁄4NW1⁄4, W1⁄2NW1⁄4,
during the comment period. Interior. SE1⁄4NW1⁄4, S1⁄2.
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Document Created: 2018-11-02 01:10:21
Document Modified: 2018-11-02 01:10:21
| 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 | The ASLM signed the ROD on October 29, 2018. | |
| Contact | Mark DeMaio, BLM Project Manager, | |
| FR Citation | 83 FR 55199 |
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