[Federal Register Volume 76, Number 157 (Monday, August 15, 2011)]
[Notices]
[Pages 50477-50479]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-20662]


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DEPARTMENT OF ENERGY

[DOE/EIS-0458]


Notice of Availability of the Final Environmental Impact 
Statement for a Proposed Federal Loan Guarantee To Support Construction 
and Start-up of the Topaz Solar Farm, San Luis Obispo County, CA

AGENCY: U.S. Department of Energy.

ACTION: Notice of Availability of the Final Environmental Impact 
Statement.

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SUMMARY: The U.S. Department of Energy (DOE) announces the availability 
of the Final Environmental Impact Statement for the DOE Loan Guarantee 
to Royal Bank of Scotland for Construction and Startup of the Topaz 
Solar Farm, San Luis Obispo County, California (DOE/EIS-0458) (Final 
EIS). The Final EIS, prepared under the National Environmental Policy 
Act (NEPA), analyzes the potential environmental impacts of the DOE's 
proposed action of issuing a Federal loan guarantee to support 
construction and start-up of the Topaz Solar Farm Project located in 
San Luis Obispo County, California (Proposed Project). The Proposed 
Project is a nominal 550-megawatt solar power generating facility based 
on photovoltaic (PV) technology on approximately 3,500 acres of private 
land in San Luis Obispo County, California. DOE considered all comments 
received in preparing the EIS and incorporated both the comments and 
DOE's responses in the Final EIS.

DATES: DOE will publish a Record of Decision no sooner than 30 days 
after publication of EPA's Notice of Availability in the Federal 
Register.

FOR FURTHER INFORMATION CONTACT: To obtain additional information about 
this EIS, or to receive a copy of the Final EIS, contact Angela 
Colamaria by telephone: 202-287-5387; toll-free number: 800-832-0885 
ext. 75387; or electronic mail: [email protected]. For 
general information on the DOE NEPA process, please contact: Ms. Carol 
M. Borgstrom, Director, Office of NEPA Policy and Compliance (GC-54), 
U.S. Department of Energy, 1000 Independence Avenue, SW., Washington, 
DC 20585; telephone: 202-586-4600; facsimile: 202-586-7031; electronic 
mail: [email protected]; or leave a toll-free message at 800-472-2756.

SUPPLEMENTARY INFORMATION: Title XVII of Energy Policy Act 2005 (EPAct) 
established a Federal loan guarantee program for eligible energy 
projects, and was amended by the American Recovery and Reinvestment Act 
of 2009 to create Section 1705 of Title XVII (42 U.S.C. 16516), 
authorizing a new program for rapid deployment of renewable energy 
projects and related manufacturing facilities, electric power 
transmission projects, and leading edge biofuels projects. The Section 
1705 Program is designed to address the current economic conditions of 
the nation, in part, through financing such projects.
    The Royal Bank of Scotland plc, as Lender-Applicant, with Topaz 
Solar Farms, LLC (Topaz) as the borrower, applied to DOE for a federal 
loan guarantee under the Solicitation entitled, ``Federal Loan 
Guarantees for Commercial Technology Renewable Energy Generation 
Projects under the Financial Institution Partnership Program'' 
(Solicitation No. DE-FOA-0000166), issued on October 7, 2009.
    The purpose and need for action by DOE is to comply with its 
mandate under EPAct 2005 by selecting eligible projects that meet the 
goals of the Section 1705 Program, as summarized above. The EIS informs 
DOE's decision on whether to issue a loan guarantee to support the 
Proposed Project. DOE's proposed action is to issue a loan guarantee to 
support construction and startup of the Topaz Solar Farm (Proposed 
Project). The Proposed Project would be located in an unincorporated 
portion of eastern San Luis Obispo County, California, adjacent to 
Highway 58 and east of Bitterwater Road. Topaz has options to purchase 
approximately 10,000 acres of land in the project area. The Proposed 
Project would be developed on approximately 3,500 acres of private 
land.
    The Proposed Project would consist of: a solar field of 
approximately nine million ground-mounted PV modules, within up to 460 
PV arrays, that collect solar radiation to produce electricity; an 
electrical collection system that converts generated power from direct 
current (DC) to alternating current (AC) and delivers it to a new 
Project substation which collects and converts the generated power from 
34.5 kV to 230 kV for delivery via a new Pacific Gas and Electric 
(PG&E) switching station to PG&E's existing Morro Bay-Midway 230-kV 
transmission line which runs in an east-to-west direction through the 
site and portions of Kern County; and the aforementioned PG&E switching 
station that interconnects the Proposed Project to PG&E's existing 
transmission line. After construction, PG&E would own and operate the 
switching station. As part of the Proposed Project, Topaz would 
construct and operate a Monitoring and Maintenance Facility, and may 
also construct a Solar Energy

[[Page 50478]]

Learning Center within the Proposed Project's site boundary. The 
Proposed Project would also include up to 22 miles of on-site access 
roads as well as leach field and septic systems for the facilities 
listed above.
    Generated electricity would be sold to PG&E under a long-term power 
purchase agreement. Topaz has interconnection agreements in place for 
the first 400 MW of Project capacity. The California Independent System 
Operator has determined that network upgrades would be required to 
accommodate the Proposed Project's remaining 150 MW, as well as other 
generation projects in the region. Network upgrades could include the 
reconductoring of 35 miles of the 230-kV transmission lines between the 
new PG&E switching station and the Midway Substation. Such upgrades 
would extend the height of every other existing tower by 20 feet, but 
would not introduce a new structure.

Alternatives

    In determining the range of reasonable alternatives to be 
considered in the EIS for the Proposed Project, DOE identified the 
reasonable alternatives that would satisfy the underlying purpose and 
need for agency action. Rather than being directly responsible for the 
siting, construction, and operation of respective projects selected in 
response to solicitations under EPAct 2005, DOE's actions are limited 
to guaranteeing the debt obligation for the project. Therefore, DOE's 
overall decision will be to either provide a loan guarantee for the 
Proposed Project or to decline to provide a loan guarantee (i.e., the 
No Action Alternative, as discussed below). The potential environmental 
impacts of a No Action alternative, as well as two project-specific 
alternatives, are analyzed in the EIS. The project-specific 
alternatives include alternate configurations for the solar arrays.
    Within the Proposed Project site, Topaz identified two Study Areas 
(Study Area A and Study Area B) that would be suitable for the Proposed 
Project and that were evaluated in the Draft EIS (Project-Specific 
Alternative A and Project-Specific Alternative B). In the Final EIS, 
DOE revised the analysis to include a County-approved project layout 
located wholly within Project Specific Alternative A (Study Area A) and 
to identify a Preferred Alternative. Council on Environmental Quality 
(CEQ) implementing regulations require a lead agency to identify a 
Preferred Alternative in the Final EIS unless another law prohibits the 
expression of such a preference (40 CFR 1502.14[e]). DOE's Preferred 
Alternative is to issue a loan guarantee for Alternative A with County-
Approved Project Layout (termed Alternative 3B.1 in the San Luis Obispo 
County Final EIR and approved by the County of San Luis Obispo Planning 
through its conditional use permit process). Alternative A with County-
Approved Project Layout involves a project layout that is contained 
within Study Area A. Alternative A with County-Approved Project Layout 
would involve a solar facility with a footprint of 3,500 acres, 
approximately 600 acres less than the development site analyzed under 
Alternative A in the Draft EIS. While the County approved a PV solar 
facility within the Alternative A footprint, Alternative B is retained 
for continuity between the Draft and Final EIS.
    Under the No Action Alternative, DOE would not provide the loan 
guarantee to Topaz. Although Topaz may still pursue the Project without 
the loan guarantee, as defined above, for purposes of the EIS analysis, 
it is assumed that the No Action Alternative would result in no Project 
or in a no build scenario.

Floodplain Assessment

    In the October 22, 2010 Notice of Intent to Prepare an 
Environmental Impact Statement (75 FR 65306), DOE provided notice of a 
proposed DOE action in a floodplain pursuant to DOE Floodplain and 
Wetland Environmental Review Requirements (10 CFR Part 1022). Overhead 
electrical lines would need to cross 100-year floodplains (unnamed 
drainages within the Carrizo Plain, northwest of Soda Lake). Since some 
of the floodplains on the project site are greater than 200 feet wide 
and posts are needed every 200 feet to support overhead lines, the 
installation of posts within the floodplain is anticipated. DOE has 
prepared a floodplain assessment as required by DOE regulations. The 
floodplain assessment is incorporated into the Draft EIS and Final EIS, 
and the Floodplain Statement of Findings will be included in the Record 
of Decision for the Proposed Project.

Scope of Final EIS and Environmental Review Process

    The DOE prepared this Final EIS pursuant to the National 
Environmental Policy Act of 1969, as amended (NEPA), the CEQ NEPA 
regulations, and the DOE NEPA implementing procedures. The Final EIS 
analyzes the environmental consequences that may result from the 
Proposed Action, including the project-specific alternatives, the 
Preferred Alternative, and the No Action Alternative. Because the 
Proposed Project may affect listed species under the Endangered Species 
Act (ESA), DOE consulted with the U.S. Department of the Interior's 
Fish and Wildlife Service (USFWS) under Section 7 of the ESA. 
Consultation with USFWS resulted in a Biological Opinion for the 
Proposed Project that is included in the Final EIS.
    The Proposed Project site would affect waters subject to the 
jurisdiction of the U.S. Army Corps of Engineers (USACE); therefore the 
Proposed Project will require a Clean Water Act (CWA) Section 404 
Permit. As a result, USACE has participated as a cooperating agency in 
the preparation of this Final EIS. USACE will issue a separate decision 
document on the CWA Section 404 Permit for the Proposed Project that 
will incorporate the environmental analyses from this EIS.
    The DOE has used the NEPA public comment process to satisfy the 
public involvement requirements of Section 106 of the National Historic 
Preservation Act (16 U.S.C. 470f) as provided for in 36 CFR 
800.2(d)(3). DOE invited Federally-recognized American Indian Tribes 
that have historic interests in the area to also participate in 
government-to-government consultation regarding the Proposed Project. 
In addition to these Federally-recognized tribes, the California Native 
American Heritage Commission provided DOE with a Native American 
contacts list in the project area. DOE contacted parties on the list to 
solicit concerns or comments on the Proposed Project. The outcome of 
Section 106 consultation with Federally-recognized American Indian 
Tribes and other consulting parties is included in the Final EIS.

Public Comment Period

    Copies of the Draft EIS were distributed to Members of Congress; 
Native American Tribal governments, Federal, State, and local 
officials; and agencies, organizations and individuals who may be 
interested or affected by the Proposed Project. The public comment 
period was open from March 25, 2011 through May 9, 2011, and a public 
hearing was held in Santa Margarita, CA, on April 13, 2011. DOE 
considered all comments received during the comment period during the 
preparation of this Final EIS, and the Final EIS contains revisions and 
new information based in part on these comments. The comments and DOE's 
responses to these comments are included in the Final EIS.
    Availability of the Final EIS: The Final EIS is available on the 
Department of Energy's NEPA Web site at http://nepa.energy.gov under 
``DOE NEPA Documents'' and on the Loan Program Office's Web site at 
http://

[[Page 50479]]

www.lgprogram.energy.gov/NEPA_EIS.html. Copies of the Final EIS are 
also available for review at the Simmler Public Library/California 
Valley Community Service District; 13080 Soda Lake Road; California 
Valley, CA 93453 and the San Luis Obispo County Department of Planning 
and Building; 976 Osos St. Room 300; San Luis Obispo, CA 93408.

    Issued in Washington, DC on August 9, 2011.
Jonathan M. Silver,
Executive Director, Loan Programs Office.
[FR Doc. 2011-20662 Filed 8-12-11; 8:45 am]
BILLING CODE 6450-01-P