Record of Decision Darroughs Hot Springs Geothermal Leasing Project

Transcription

1 Record of Decision Darroughs Hot Springs Geothermal Leasing Project Background USDA Forest Service Humboldt-Toiyabe National Forest Tonopah Ranger District Nye County, Nevada The production, transmission, and conservation of energy are national priorities as reflected in the Energy Policy Act of 2005 and other government laws and policies. Section 225 of the Energy Policy Act of 2005 requires that the US Department of the Interior and the USDA Forest Service (FS) reduce the backlog of geothermal lease applications pending as of January 1, 2005, by 90 percent (by August 8, 2010). Section 222(d) dictates that it be a priority for the Bureau of Land Management (BLM) and the FS to ensure timely completion of actions such as amendments to land use plans necessary to process lease applications pending on August 8, 2005, and that all future forest plans and RMP s in areas of geothermal resource potential consider geothermal leasing and development. To respond to these directives, the BLM and the FS have prepared a joint Programmatic Environmental Impact Statement (PEIS) to analyze and expedite the leasing of BLM-and National Forest System (NFS) lands with high potential for renewable geothermal resources in eleven Western states and Alaska. The PEIS incorporated two different scopes for analysis. The first scope covered the programmatic analysis to allocate lands as open or closed for leasing and development of geothermal resources and to apply stipulations (Volume I of the PEIS). The second scope covered the site-specific analysis of 19 backlogged lease applications that were pending as of January 1, 2005 (Volume II of the PEIS). One of the backlogged lease applications (BLM Serial Number NVN ) analyzed in the PEIS encompasses 440 acres of public and private land in Nye County, Nevada. This application includes 160 acres of lands within the Humboldt-Toiyabe National Forest. The PEIS analysis for this application discloses the effects of reasonably foreseeable activity to explore for and develop geothermal resources if a lease is issued. Based on this analysis, the FS must decide if the involved Forest lands should be made available for leasing, and if so, what stipulations need to be applied to leases to minimize impacts to surface resources. The BLM is the federal government s minerals manager and is responsible for issuing geothermal leases on NFS lands, but can only do so if the FS determines that NFS lands are available and consents to leasing. Under the Reasonably Foreseeable Development Scenario, as described in the PEIS, the proposed lease site is likely to be developed for electricity generation. The pending noncompetitive lease application describes the likely development of a single, 12 megawatt binary power plant on approximately 10 acres. Exploration ROD Darroughs Hot Springs Geothermal Leasing Project p.1 of 10

2 activities are expected to include approximately 6 temperature gradient holes, each disturbing approximately 0.15 acres. The NFS lands portion of the lease site (western portion) is within the Arc Dome-Carvers Inventoried Roadless Area (IRA). Any development in the IRA would be subject to a lease stipulation that prohibits road construction or reconstruction. This stipulation makes it unlikely that power plant development would occur on NFS lands. Purpose and Need for Action The purpose of the Federal action is to determine if 160 acres of the Humboldt- Toiyabe National Forest are available for geothermal leasing by the BLM to facilitate environmentally responsible exploration and development of public resources; and if so, under what reasonable and justifiable terms. The need for the Federal action is to fulfill the FS obligations under Section 225 of the Energy Policy Act of 2005 and the Memorandum of Understanding between the United States Department of the Interior and the United States Department of Agriculture Regarding Geothermal Leasing and Permitting. Decision My decision is to select Alternative B (Proposed Action) as described in Section 14.2 of the PEIS which will make the 160 acres of the Humboldt-Toiyabe National Forest administratively available for geothermal leasing, subject to the condition that any lease issued must contain the lease stipulations described later in this section. The Regional Forester, Intermountain Region may subsequently implement my decision by providing consent to the BLM to offer these lands for lease. The legal description of the NFS lands subject to this decision is T11N, R43E, MDM, Section 18, E2W2. These lands lie along the western edge of the Big Smoky Valley, just below the lower slopes of the eastern side of the Toiyabe Range, in Nye County, Nevada (see attached location map). My decision requires, as a condition of making these NFS lands available, that the following stipulations are included as a condition of any lease issued: Roadless Area Stipulation No new road construction or road reconstruction may occur within the subject lands. In addition, timber may not be cut, sold, or removed from the subject lands. Cultural Resources Stipulation This lease may be found to contain historic properties and/or resources protected under the National Historic Preservation Act (NHPA), American Indian Religious Freedom Act, Native American Graves Protection and Repatriation Act, E.O , or other statutes and executive orders. The BLM will not approve any ROD Darroughs Hot Springs Geothermal Leasing Project p.2 of 10

3 ground disturbing activities that may affect any such properties or resources until it completes its obligations under applicable requirements of the NHPA and other authorities. The BLM may require modification to exploration or development proposals to protect such properties, or disapprove any activity that is likely to result in adverse effects that cannot be successfully avoided, minimized or mitigated. Endangered Species Act Stipulation No federally threatened or endangered or proposed species (as listed under the Endangered Species Act) occupies or has potential habitat on NFS lands within the lease site. In the future, BLM may recommend modifications to exploration and development proposals to avoid the need to list such a species or their habitat, or may require modifications to or disapprove proposed activity that is likely to jeopardize the continued existence of a proposed or listed threatened or endangered species or result in the destruction or adverse modification of a designated or proposed critical habitat. BLM will not approve any grounddisturbing activity that may affect any such species or critical habitat until it completes its obligations under applicable requirements of the Endangered Species Act as amended, 16 USC 1531 et seq., including completion of any required procedure for conference or consultation. Mule Deer Winter Range Timing Limitation Stipulation No surface use is allowed during the time period from January 15 to May 15 for the purpose of avoiding the disturbance of mule deer during their use of crucial winter habitat. This stipulation does not apply to operations and maintenance of production facilities. Any changes to this stipulation will be made in accordance with the land use plan and/or the regulatory provisions for such changes. Decision Rationale In making my decision, I considered how well both alternatives responded to the Purpose and Need for the federal action and met FS obligations under the Energy Policy Act of 2005, National Energy Policy, the Forest Service Minerals Policy, and USDA Forest Service Strategic Plan for Fiscal Years All of these reflect a serious national need to facilitate domestic energy production. My decision responds to this need, while minimizing impacts to the environmental values of NFS lands. I consider the selected alternative to also be the environmentally preferable alternative. This is because the selected alternative will facilitate renewable energy production, which will reduce carbon emissions and help offset the negative effects of climate change. These benefits would be obtained with no impacts to NFS lands since the PEIS expects that actual geothermal development on this lease will occur off-forest. The PEIS recognizes that roads are critical to powerplant and wellfield development. Consequently, it concludes that only minimal development would be possible within the IRA. That minimal development is possible since the subject lands contain an ROD Darroughs Hot Springs Geothermal Leasing Project p.3 of 10

4 existing road (Forest System Road #44519) and surface occupancy is not prohibited. Proposals that utilize the existing road or cross-country access could be considered. However, my decision requires that the BLM attach the four stipulations that I described above to any lease issued for the subject lands. These stipulations address the three main planning issues identified in scoping for the PEIS: (1) how will the values and unique resources within special management areas be protected; (2) what actions or restrictions will be needed to avoid or minimize impacts natural resources and to wildlife and their habitat, including sagebrush-obligate species and old growth forest species; and (3) how will geothermal leasing and any subsequent development protect and conserve cultural resources. I have determined that my decision does not need to specify monitoring provisions because making these lands available for subsequent leasing does not authorize any ground-disturbing activities that could affect environmental resources. Monitoring appropriate to geothermal exploration, development, operation, and closure activities would be addressed in the site-specific environmental reviews that would be conducted when those activities are proposed. My decision conforms with the Toiyabe National Forest Land and Resource Management Plan of 1986 (LRMP), which encourages exploration and development of mineral resources, while minimizing possible adverse impacts on surface resources (LRMP, p.iv-10 & 11). Specifically, this decision is also consistent with the direction for protection of the Toiyabe Bench mule deer winter range (Page IV-126 of LRMP). Alternatives Considered Two alternatives were considered in this lease-specific analysis: Alternative A, the No Action alternative, and Alternative B, the Proposed Action. These are described further as follows: Alternative A: No Action Under Alternative A, the FS would not issue a consent determination for the lease and the BLM would not issue the lease on NFS lands. This alternative is required by the National Environmental Policy Act and also serves as an environmental baseline for comparing the action alternative. Alternative B: Proposed Action Under Alternative B, the FS would provide a consent determination for NFS lands included in the lease application. This determination would involve a decision by the Forest Supervisor that the subject NFS lands are administratively available for leasing, subject to reasonable and necessary stipulations to protect other resource values and land uses. The FS would then provide consent to BLM and the BLM would issue the lease with the stipulations identified in this decision. BLM may include additional stipulations on this lease to address concerns on the portion of the lease involving BLM-administered surface. Alternative B was developed to fulfill the ROD Darroughs Hot Springs Geothermal Leasing Project p.4 of 10

5 purpose and need, address the public issues identified during scoping, and be consistent with the Forest Plan. Public Involvement The BLM published the Notice of Intent to prepare a PEIS to evaluate geothermal leasing in 12 western states, including Alaska, on lands administered by the BLM and the FS in the Federal Register (72 FR 113) on June 13, The Notice of Intent initiated the public scoping process and invited public comments on the content and issues that should be addressed in the PEIS. The BLM and the FS conducted scoping from June 13, 2007 through August 13, During that period, the BLM and the FS invited the public and interested groups to provide information and guidance, suggest issues that should be examined, and express their concerns and opinions on geothermal leasing in eleven western states and Alaska on public lands administered by the BLM and the FS. Public meetings were held in ten western cities in July 2007, including Reno, Nevada. Verbal and written comments were received from interested parties during scoping and were considered by BLM and FS in developing the alternatives and analytical issues contained in the PEIS. The EPA published a Notice of Availability of the Draft PEIS in the Federal Register on June 13, 2008 (73 FR 115). The Notice of Availability initiated the 90-day public comment period provided for planning actions. A Legal Notice of Proposed Action for the Draft PEIS was also published in the Reno Gazette-Journal on July 2, Following release of the Draft PEIS, a second round of public meetings were held in 12 western states, including a meeting in Reno, Nevada on July 14 th The comment period closed on September 19, A total of over 500 individual comments were made. All information received through these comments has been evaluated, verified, and incorporated into the Final PEIS, as appropriate. Appendix L in Volume III of the PEIS contains the comments and responses. One commenter provided comments specific to the pending lease application (NV ) that is the subject of this ROD. The comments included concerns about impacts to the Inventoried Roadless Area, sage grouse, and speckled dace. This letter and the agency responses are found on pages L-129 through L-130 of the PEIS. The EPA published the Notice of Availability of the Final PEIS in the Federal Register on October 24, 2008 (73 FR 207). Tribal Consultation Tribal governments were consulted with throughout the development of the PEIS. On September 12, 2007 a letter inviting tribal participation in government-togovernment consultation on the Programmatic Environmental Impact Statement (PEIS) was sent to over 400 tribes and pueblos in the western US and Alaska, including all tribal governments in Nevada. In July of 2008, the Draft PEIS was sent to over 400 tribes and pueblos in the western US and Alaska, including all tribal ROD Darroughs Hot Springs Geothermal Leasing Project p.5 of 10

6 governments in Nevada. In addition, on August 6, 2008, letters providing an update of the PEIS were mailed to local tribes. This project was presented by Steve Williams, Austin-Tonopah District Ranger, to the Yomba Tribal Council during two council meetings on August 8, 2008 and January 9, A field trip to the project area was held on November 3, 2008 with various tribal members. A second field trip to the project area was conducted on February 19, 2009 with a member of the Duckwater Shoshone Tribe. Through the consultation process, tribal members raised concerns about the importance of Darroughs Hot Springs and surrounding area to Native Americans. Darroughs Hot Springs is located on the private land portion of the lease nomination area and is not situated close to the lease area on NFS lands. Although no tribal interests or concerns specific to the NFS lands were identified by the consultation process, the process of Native American consultation is considered on-going during the potential ensuing phases of geothermal activity. The BLM in consultation with the FS would respond to issues and concerns that may be identified in the future by tribes. Impacts on tribal interests would be minimized or avoided on NFS lands by: 1) attaching a lease stipulation that may restrict lease operations if necessary to satisfy statutory requirements and 2) incorporating cultural best management practices in Appendix D of Volume III of the PEIS into design and implementation for each phase of geothermal activity. Findings Required by Other Laws and Regulations My decision is consistent with all applicable laws, Executive Orders, regulations, and policies including the following: Energy Policy Act of 2005 My decision is consistent with this law which emphasizes the production of energy resources in an expedited manner from lands within the United States. Geothermal Steam Act of 1970 My decision will result in the FS providing consent to BLM for leasing in accordance with this act. Executive Order Actions to Expedite Energy-Related Projects My decision expedites projects that will increase environmentally sound energy production within the United States. Endangered Species Act of 1973 We prepared a Biological Assessment and Biological Evaluation for this Decision. We determined that no federally listed threatened or endangered plant or wildlife species are affected by this action. Regardless, I have decided to include a lease ROD Darroughs Hot Springs Geothermal Leasing Project p.6 of 10

7 stipulation to address threatened and endangered species as an added measure to address potential changes in listed species. Toiyabe National Forest Land and Resource Management Plan of 1986, as amended My decision is consistent with the Land and Resource Management Plan and its guidance regarding multiple use of NFS Lands, including mineral (energy) development. Executive Order Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations This order requires the consideration of adverse effects to minority and low income populations. My decision will not have a disproportionately high or adverse human health or environmental effects on minority or low income populations. The PEIS projects that low income and minority populations are not likely to be impacted by geothermal development due to the lack of a residential population in and around the pending lease area. Sensitive Species Policy Forest Service Manual My decision is consistent with FS policies for the conservation and protection of sensitive species. We prepared a Biological Assessment and Biological Evaluation for this Decision. Based upon this evaluation it was determined that there would be no impact to any sensitive plant species. The action may impact pygmy rabbit, Northern goshawk, or greater sage grouse individuals and habitat but will not likely contribute to a trend towards federal listing or cause a loss of viability to the population or species. Implementation If we receive no appeals within the 45-day time period, we can implement the decision on, but not before, five business days from the close of the appeal filing period. If appeals are filed, implementation may occur on, but not before, the 15th business day following the date of the last appeal disposition. Administrative Review or Appeal Opportunities This decision is subject to appeal pursuant to FS regulations at 36 CFR 215. Appeals must meet the content requirements of 36 CFR Only individuals or organizations who submitted comments or otherwise expressed interest in the project during the comment period may appeal. Appeals must be postmarked or received by the Appeal Deciding Officer within 45 days of the publication of the Notice of Decision for this project in the Reno Gazette-Journal. This date is the exclusive means for calculating the time to file an appeal. Timeframe information from other sources should not be relied on. Incorporation of documents by reference is not allowed. The Appeal Deciding Officer is the Regional Forester. ROD Darroughs Hot Springs Geothermal Leasing Project p.7 of 10

8 Appeals must be sent to: Appeal Deciding Officer, Intermountain Region USFS, th Street, Ogden, Utah 84401; or by fax to ; or by to: ed appeals must be submitted in rich text (rtf), Word (doc) or portable document format (pdf) and must include the project name in the subject line. Appeals may also be hand delivered to the above address, during regular business hours of 8:00 a.m. to 4:30 p.m. Monday through Friday, excluding Federal holidays. Availability of Records This Record of Decision and the Final PEIS will be available for review at the following Forest Service Offices: Austin Ranger District 100 Midas Road Austin, NV Tonopah Ranger District 1400 South Erie Main Street Tonopah, NV This ROD will also be available on-line at: Interested persons may also review the Final PEIS on the Internet at eis. ROD Darroughs Hot Springs Geothermal Leasing Project p.8 of 10

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