[Federal Register Volume 76, Number 139 (Wednesday, July 20, 2011)]
[Notices]
[Pages 43324-43327]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-17997]


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DEPARTMENT OF ENERGY

Western Area Power Administration

[DOE/EIS-0469]


Notice of Intent To Prepare an Environmental Impact Statement and 
to Conduct Scoping Meetings; Proposed Wilton IV Wind Energy Center 
Project, North Dakota

AGENCY: Western Area Power Administration, DOE.

ACTION: Notice.

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SUMMARY: NextEra Energy Resources (NextEra) applied to interconnect its 
proposed 99-megawatt (MW) Wilton IV Wind Energy Center Project 
(Project) with Western Area Power Administration's (Western) existing 
Hilken Switching Station in Burleigh County, North Dakota. The proposed 
Project would consist of up to 62 1.6-MW wind turbine generators and 
associated infrastructure located across approximately 15,725 acres of 
land in Burleigh County, about 20 miles north of Bismarck. In addition 
to constructing and operating the above proposed Project, NextEra has 
requested to operate its nearby existing Wilton I (also known as 
Burleigh), Wilton II, and Baldwin Wind Energy Center projects at levels 
exceeding 50 average annual MW, when wind conditions warrant. Western 
will prepare an environmental impact statement (EIS) on NextEra's 
proposal to interconnect their Project and to operate its existing 
projects above 50 average annual MW in accordance with the National 
Environmental Protection Act (NEPA), U.S. Department of Energy (DOE) 
NEPA Implementing Procedures, and the Council on Environmental Quality 
(CEQ) regulations for implementing NEPA. Portions of NextEra's proposed 
Project may affect floodplains and wetlands, so this Notice of Intent 
(NOI) also serves as a notice of proposed floodplain or wetland action 
in accordance with DOE floodplain and wetland environmental review 
requirements.

DATES: A public scoping meeting will be held on July 26, 2011, from 5 
to 8 p.m. in Wilton, North Dakota. Local notification of this meeting 
has been made through direct mailings to affected parties and by 
advertising in local media to ensure at least 15 days of prior notice. 
The public scoping period starts with the publication of this notice 
and ends on September 6, 2011. Western will consider all comments on 
the scope of the EIS received or postmarked by that date. The public is 
invited to submit comments on the proposed Project at any time during 
the EIS process.

ADDRESSES: Western will host a public scoping meeting at the Wilton 
Memorial Hall, 105 Dover Avenue, Wilton, North Dakota, to provide 
information on the Project and gather comments on the proposal. Oral or 
written comments may be provided at the public scoping meeting or 
mailed or e-mailed to Matt Marsh, Upper Great Plains Regional Office, 
Western Area Power Administration, P.O. Box 35800, Billings, MT 59107-
5800, e-mail [email protected], telephone (800) 358-3415.

FOR FURTHER INFORMATION CONTACT: For additional information on the 
proposed Project, the EIS process, or to receive a copy of the Draft 
EIS when it is published, contact Matt Marsh at the

[[Page 43325]]

addresses above. For general information on the DOE's NEPA review 
process, contact Carol M. Borgstrom, Director of NEPA Policy and 
Compliance, GC-54, U.S. Department of Energy, 1000 Independence Avenue, 
SW., Washington, DC 20585-0119, telephone (202) 586-4600 or (800) 472-
2756, facsimile (202) 586-7031.

SUPPLEMENTARY INFORMATION: Western is a Federal power marketing agency 
within the DOE that markets and delivers Federal wholesale electric 
power (principally hydroelectric power) to municipalities, rural 
electric cooperatives, public utilities, irrigation districts, Federal 
and State agencies, and Native American tribes in 15 western and 
central states. NextEra's proposed Project would be located within 
Western's Upper Great Plains Region, which operates in North and South 
Dakota, most of Montana, and portions of Iowa, Minnesota, and Nebraska. 
Western will prepare an EIS on NextEra's application to interconnect 
their proposed Wilton IV Wind Project and their proposal to operate its 
three existing projects above 50 average annual MW, when feasible, in 
accordance with NEPA (42 U.S.C. 4321-4347); DOE NEPA Implementing 
Procedures (10 CFR part 1021), and the CEQ regulations for implementing 
NEPA (40 CFR Parts 1500-1508).\1\ Projects generating more than 50 
average annual MW normally require the preparation of an EIS under DOE 
NEPA regulations.
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    \1\ On October 4, 1999, DOE's Assistant Secretary for 
Environmental, Safety and Health delegated to Western's 
Administrator the authority to approve EISs for integrating 
transmission facilities with Western's transmission grid.
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    Western will coordinate with appropriate Federal, State, and local 
agencies and potentially affected Native American tribes during the 
preparation of the EIS. While there are no designated cooperating 
agencies at this time, cooperating agencies could be identified at a 
later date.

Purpose and Need for Agency Action

    Western's need for agency action is precipitated by NextEra's 
application to interconnect its proposed Wilton IV Wind Project with 
Western's power transmission system, and its intention of operating the 
three existing wind energy center projects at a level exceeding 50 
average annual MW. Western needs to consider NextEra's interconnection 
request under Western's Open Access Transmission Service Tariff 
(Tariff), which provides for interconnection to its transmission system 
if there is available transmission capacity.
    This EIS will address Western's Federal action of interconnecting 
NextEra's proposed Project with its Hilken Switching Station. As part 
of its normal interconnection analysis, Western determines if any 
changes within the substation or any system modifications are needed to 
accommodate the interconnection. In this case the physical 
interconnection is already in place and operating at Hilken, and 
preliminary studies indicate that the power system can accommodate the 
proposed interconnection without negatively affecting system 
reliability or power deliveries to existing customers. However, final 
system studies could still determine that network and/or transmission 
system upgrades are required. Any such upgrades would be funded by 
NextEra as a condition of the interconnection.
    NextEra's proposal to operate the existing Wilton I, Wilton II, and 
Baldwin Wind Energy Center projects at levels exceeding 50 average 
annual MW creates the need for Western to revisit the interconnection 
agreements prepared for each of these projects. Projects generating 
over 50 average annual MW normally require the preparation of an EIS 
under DOE NEPA regulations, and the existing interconnection agreements 
call for curtailing generation, or completing an EIS prior to 
generating above that cap. None of the environmental assessments \2\ 
originally prepared for these projects identified potential significant 
impacts resulting from the construction, operation, and maintenance of 
the three wind energy projects.
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    \2\ Burleigh County Wind Energy Center, Burleigh County, North 
Dakota [Wilton I], DOE/EA-1542, 2006; EA Supplement to DOE/EA-1542 
[Wilton II], 2009; Baldwin Wind Energy Center Project, Burleigh 
County, North Dakota, DOE/EA-1698, 2010.
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Proposed Action

    In compliance with the provisions of the Tariff, and considering 
the environmental impacts of NextEra's proposed Project as identified 
by the EIS process, Western will consider NextEra's interconnection 
request. If approved, any necessary system changes would be made to 
accomplish the interconnection, and power generated by the proposed 
Project would use Western's transmission system to reach the market. 
Western will contact the U.S. Fish and Wildlife Service under section 7 
of the Endangered Species Act and the North Dakota State Historic 
Preservation Office under section 106 of the National Historic 
Preservation Act. Section 7 and 106 consultations were completed in 
2010 on some of the proposed wind turbine locations as part of the 
Baldwin project, and additional coordination with these agencies will 
build off of these previous consultations.

Alternatives

    Western must respond to NextEra's proposed Project as it is 
described in their application for interconnection, and make a decision 
on the interconnection request based on that application. NextEra's 
interconnection request essentially results in an increase in the 
amount of power entering Western's transmission system through existing 
facilities; no physical modifications to Western's facilities or the 
transmission system are anticipated at this time. Under the no action 
alternative, Western would not approve the interconnection request, and 
NextEra would not be able to export the generation from its proposed 
Project over Western's transmission system.
    The current interconnection agreements for the Wilton I, Wilton II, 
and Baldwin Wind Energy Center projects contain language that prevent 
these projects from exceeding 50 average annual MW. Western would 
remove this language under the proposed action. Under the no action 
alternative, the existing language would remain in force, and NextEra 
would be unable to operate any of these three projects above the 50 
average annual MW cap.

Applicant's Proposed Project

    NextEra proposes to construct 62 1.6-MW wind turbine generators in 
Crofte, Ecklund, Ghylin, Painted Woods, and Rocky Hill townships in 
Burleigh County, North Dakota, approximately 20 miles north of 
Bismarck. Each turbine would be up to 426 feet tall from tip of blade 
to base, and about 260 feet tall from the ground to the hub. The three-
bladed rotors would have a diameter of approximately 328 feet, or 100 
meters. The proposed Project would also include all-weather access 
roads to each turbine location, and underground power collection lines 
linking the turbines to Central Power Electric Cooperative's existing 
4.4-mile 230-kilovolt (kV) generation tie-line that terminates at 
Western's Hilken Switching Station. The Western interconnection point 
for NextEra's proposed Project would be at the Hilken Switchyard. The 
Hilken Switching Station is located on Western's Garrison--Bismarck 
230-kV transmission line.
    NextEra's proposed Project would be an expansion of its three 
existing wind

[[Page 43326]]

energy projects in the area. Of the 62 proposed Wilton IV Wind Project 
wind turbines, 37 are located in a 10,000-acre area within Crofte 
Township, adjacent to and immediately to the west of NextEra's existing 
wind energy projects. These 37 wind turbine sites were considered as 
alternate locations for the Baldwin Project, and were analyzed for 
potential environmental impacts in the Baldwin environmental 
assessment. The wind turbines would be arrayed in several strings, 
generally oriented southwest to northeast, in an area roughly six miles 
square. Cultural resources and biological resources field surveys were 
accomplished for these wind turbine locations during the NEPA process 
for the Baldwin Project, which was completed in 2010. The remaining 25 
wind turbines would be located in Ecklund, Ghylin, Painted Woods, and 
Rocky Hill townships within a 5,725-acre area. These turbine strings 
would be generally oriented east to west over approximately 4 miles 
immediately east of NextEra's existing wind energy projects. The 
potential environmental impacts of these 25 turbines will be analyzed 
as part of this EIS, and cultural and biological surveys will be 
conducted on these sites and any other potentially disturbed areas not 
already included in the Baldwin environmental assessment.
    The proposed Project would generate about 99 nameplate MW on the 
two separate areas totaling approximately 15,725 acres. The proposed 
wind energy project would be located entirely on private lands; no 
Federal or State land would be affected.
    In addition to constructing and operating the proposed Project as 
described above, NextEra has requested to operate its nearby existing 
Wilton I, Wilton II, and Baldwin Wind Energy Center projects at levels 
exceeding 50 average annual MW, when wind conditions warrant. Projects 
generating more than 50 average annual MW normally require the 
preparation of an EIS under DOE NEPA regulations (10 CFR Part 1021). 
These projects were originally analyzed in environmental assessments 
based in part on their anticipated output being under 50 average annual 
MW, and the interconnection agreements include a cap at that generation 
level unless an EIS is prepared. NextEra now believes that wind 
conditions may allow operation of the three wind projects above 50 
average annual MW, and would like to generate above the cap, if 
possible. NextEra's proposal to potentially operate above the 50 
average annual MW level creates the need for Western to revisit the 
existing interconnection agreements that include this limitation. No 
physical modifications to the existing wind generation projects are 
proposed; the requested interconnection agreement amendments would 
simply allow for more hours of generation if wind conditions are 
favorable but still within the stated nameplate capacity.
    Western's Federal action is to consider the interconnection 
request, any resultant impact to the transmission system, and the 
change in operating parameters for the other three existing projects; 
however, the EIS will also identify and review the environmental 
impacts of constructing, operating, maintaining, and decommissioning 
NextEra's proposed Wilton IV Project. NextEra would be responsible for 
completing necessary coordination with State and local agencies to 
permit its proposed Project.

Floodplain or Wetland Involvement

    Floodplains and wetlands are common in this part of North Dakota. 
Since the proposed Project may involve action in floodplains or 
wetlands, this NOI also serves as a notice of proposed floodplain or 
wetland action. The EIS will include an assessment of impacts to 
floodplains and wetlands, and floodplain statement of findings 
following DOE regulations for compliance with floodplain and wetlands 
environmental review (10 CFR Part 1022).

Environmental Issues

    The location of NextEra's proposed Project is in a relatively 
sparsely populated portion of southcentral North Dakota. The area is 
characterized by extensive agriculture and pasture with scattered 
farmsteads on section line roads. NextEra has secured leases with 
willing landowners for its wind generation turbines and related 
facilities. Available overview information and the results of the NEPA 
analyses on the existing three wind projects indicates this area has a 
relatively low probability of substantial natural resources conflicts. 
NextEra's siting process for the wind turbine strings and associated 
facilities considered sensitive resources, and the proposed Project was 
designed to avoid these areas. The EIS will review the environmental 
information collected on the Project area, including that already 
collected as part of the Baldwin project, and evaluate the level of 
impact the interconnection and NextEra's proposed Project would have on 
environmental resources within the approximately 15,725-acre site. 
Modifications to NextEra's proposed Project may be made to avoid or 
minimize resource impacts. While no substantive resource conflicts have 
been identified thus far, the EIS will analyze the potential impacts on 
the full range of potentially affected environmental resources. Wind 
farm projects are generally known to have visual and noise effects, and 
may affect birds and bats.

Public Participation

    Interested parties are invited to participate in the scoping 
process to help define the scope of the EIS, significant resources, and 
issues to be analyzed in depth, and to eliminate from detailed study 
issues that are not pertinent. The scoping process will involve all 
interested agencies (Federal, State, county, and local), Native 
American tribes, public interest groups, businesses, affected 
landowners, and individual members of the public.
    Western has previously consulted with potentially affected or 
interested tribes to jointly evaluate and address the potential effects 
on cultural resources, traditional cultural properties, or other 
resources important to the tribes in the proposed Project area. Western 
will contact previously identified interested tribes and inform them 
that NextEra now intends to expand its wind energy projects in this 
area. Any nation-to-nation consultations will be conducted in 
accordance with Executive Order 13175, Consultation and Coordination 
with Indian Tribal Governments (65 FR 67249), the President's 
memorandum of April 29, 1994, Government-to-Government Relations with 
Native American Tribal Governments (59 FR 22951), DOE-specific guidance 
on tribal interactions, and applicable natural and cultural resources 
laws and regulations.
    A public scoping meeting will be held as described under DATES and 
ADDRESSES above. The meeting will be informal, and attendees will be 
able to speak directly with Western and NextEra representatives about 
the proposed Project. The public is encouraged to provide information 
and comments on issues it believes Western should address in the EIS. 
Comments may be broad in nature or restricted to specific areas of 
concern. After gathering comments on the scope of the EIS, Western will 
address those issues raised in the EIS. Comments on Western's proposed 
action and NextEra's proposed Project will be accepted at any time 
during the EIS process, and may be directed to Western as described 
under ADDRESSES above.
    Western's EIS process will include this NOI and public scoping 
meetings; consultation and coordination with appropriate Federal, 
State, county, and

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local agencies and tribal governments; involvement with affected 
landowners; distribution of and public review and comment on the Draft 
EIS; a formal public hearing or hearings on the Draft EIS; distribution 
of a published Final EIS; and publication of Western's Record of 
Decision in the Federal Register.

    Dated: July 7, 2011.
Timothy J. Meeks,
Administrator.
[FR Doc. 2011-17997 Filed 7-19-11; 8:45 am]
BILLING CODE 6450-01-P