[Federal Register Volume 89, Number 183 (Friday, September 20, 2024)]
[Notices]
[Pages 77175-77177]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-21607]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[BLM_NV_FRN_MO4500180510]


Notice of Availability of the Draft Resource Management Plan 
Amendment and Environmental Impact Statement for the Copper Rays Solar 
Project in Nye County, Nevada

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of availability.

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SUMMARY: In compliance 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 Resource Management Plan (RMP) Amendment and Draft 
Environmental Impact Statement (EIS) for the Copper Rays Solar Project 
and by this notice is providing information announcing the opening of 
the comment period on the Draft RMP Amendment/EIS.

DATES: This notice announces the opening of a 90-day comment period for 
the Draft RMP Amendment/EIS beginning with the date following the 
Environmental Protection Agency's (EPA) publication of its Notice of 
Availability (NOA) in the Federal Register. The EPA usually publishes 
its NOAs on Fridays.
    To afford the BLM the opportunity to consider comments on the Draft 
RMP Amendment/EIS, please ensure your comments are received prior to 
the close of the 90-day comment period or 15 days after the last public 
meeting, whichever is later.
    The BLM will be holding one in-person public meeting and one 
virtual public meeting during the public comment period.
 In-Person Meeting
    --Date and Time: October 22, 2024, 6 p.m. to 8 p.m. Pacific 
Daylight Time (PDT)
    --Location: Pahrump Nugget Hotel and Casino, 681 NV Highway 160, 
Pahrump, Nevada 89048
 Virtual Meeting

[[Page 77176]]

    --Date and Time: October 24, 2024, 6 p.m. to 8 p.m. PDT
    --Registration information: https://eplanning.blm.gov/eplanning-ui/project/2019523/510

    Details on public meetings and pertinent documents will be provided 
on the National NEPA Register project website: https://eplanning.blm.gov/eplanning-ui/project/2019523/510.

ADDRESSES: The Draft RMP Amendment/EIS is available for review on the 
BLM National NEPA Register project website at https://eplanning.blm.gov/eplanning-ui/project/2019523/510. Additionally, a 
copy of the Draft RMP Amendment/EIS is physically available at the 
following locations:
     BLM Southern Nevada District Office, Pahrump Field Office, 
4701 N. Torrey Pines Drive, Las Vegas, Nevada 89130.
     Pahrump Community Library, 701 East Street, Pahrump, 
Nevada 89408.
     Tecopa Branch Library, 408 Tecopa Hot Springs Road, 
Tecopa, California 92389.
    Written comments related to the Draft RMP Amendment/EIS for the 
Copper Rays Solar Project may be submitted by any of the following 
methods:
     Website: https://eplanning.blm.gov/eplanning-ui/project/2019523/510.
     Email: [email protected].
     Mail: BLM Pahrump Field Office, Attn: Copper Rays Solar 
Project, 4701 N. Torrey Pines Drive, Las Vegas, Nevada 89130.

FOR FURTHER INFORMATION CONTACT: Jessica Headen, Project Manager, 
telephone (702) 515-5206; address 4701 N.Torrey Pines Drive, Las Vegas, 
Nevada 89130; email [email protected]. Individuals in 
the United States who are deaf, deafblind, hard of hearing, or have a 
speech disability may dial 711 (TTY, TDD, or TeleBraille) to access 
telecommunications relay services for contacting Jessica Headen. 
Individuals outside the United States should use the relay services 
offered within their country to make international calls to the point-
of-contact in the United States.

SUPPLEMENTARY INFORMATION: This document provides notice that the BLM 
has prepared a Draft RMP Amendment/EIS and provides information 
announcing the opening of the comment period on the Draft RMP 
Amendment/EIS. The Draft RMP Amendment is being considered to allow the 
BLM to evaluate the effects of modifying the Visual Resource Management 
(VRM) Class III designated lands south of State Route 160 and west of 
Tecopa Road to the Town of Pahrump, Nevada, to VRM Class IV and 
modifying two existing undeveloped utility corridors that intersect the 
Project site. Both changes would require amending the existing 1998 Las 
Vegas RMP.
    The planning area in Clark and Nye counties, Nevada, encompasses 
approximately 9,890,365 acres within the Southern Nevada District. The 
total acreage for the VRM Class I through IV areas designated under the 
1998 Las Vegas RMP is approximately 3,297,016 acres. This Draft RMP 
Amendment aims to modify the VRM Class for an area of approximately 
9,960 acres of BLM-administered land that is currently designated as 
VRM Class III and update the BLM's VRM management objectives in this 
area to VRM Class IV. The amendment area would include the proposed 
Copper Rays Project site along with other constructed projects and 
proposed solar applications within the Pahrump Valley.
    A BLM designated energy corridor, Segment # 224-225 North Pahrump/
U.S. 95 to Las Vegas/Ivanpah Valley (a Section 368 energy corridor) 
along the Clark County/Nye County border intersects the western portion 
of the Project site. A locally designated utility corridor, established 
by the 1998 Las Vegas RMP (the RMP-designated utility corridor), 
intersects the southwest corner of the Project site. An amendment to 
the 1998 Las Vegas RMP is being considered to modify these two existing 
undeveloped corridors to avoid the Project site. The Draft RMP 
Amendment, if approved, will realign the existing Section 368 energy 
corridor to be outside of the Project site boundary and remove the 
Amargosa--Roach section of the RMP-designated utility corridor, which 
is approximately 96 miles in length.
    The BLM is utilizing the NEPA substitution process to comply with 
the requirements of Section 106 of the National Historic Preservation 
Act, 54 U.S.C. 306108, consistent with 36 CFR 800.8(c). The BLM, as 
lead Federal agency, has incorporated information and the steps of the 
Section 106 process into the Draft EIS, and publication of the Draft 
EIS will allow the consulting parties and the public an opportunity to 
review and comment on the process as provided in 36 CFR 800.8(c)(2).

Purpose and Need

    The need for the BLM's action (processing the Applicant's 
application) is to respond to the Applicant's request for a right-of-
way (ROW) authorization to construct, operate, maintain, and 
decommission the proposed Project in accordance with the BLM's 
responsibility under Title V of FLPMA and 43 CFR part 2800. The BLM's 
action of considering the ROW application also contributes towards the 
legislative and administrative goals of advancing the development of 
renewable energy production on Federal public lands as directed by 
section 3104 of the Energy Act of 2020 and Executive Order 14057.
    The Project as proposed would not conform to the 1998 Las Vegas RMP 
as required by 43 CFR 1610.5-3(a). The BLM would need to amend the 1998 
Las Vegas RMP to bring the Project into compliance. In particular, the 
Applicant's proposed Project does not conform with the management 
objectives of the Project site's VRM classification (Class III) and two 
existing undeveloped utility corridors that intersect the Project site 
would require realignment.
    The purpose of the BLM's action is to determine if the Applicant's 
Project and alternatives are consistent with relevant laws, 
regulations, and policies, and to consider whether to grant, grant with 
modifications, or deny the ROW. The purpose of the Draft RMP Amendment 
is to ensure that any development of renewable energy production in the 
general vicinity of the Applicant's proposed Project site conforms with 
the RMP's provisions, as provided for in 43 CFR 1610.5-3(c), 
specifically by reclassifying this geographic area as VRM Class IV and 
modifying the location of the utility corridors to avoid the Project 
site.
    The Draft EIS addresses the direct, indirect, and cumulative 
environmental impacts of the Proposed Action and alternatives. 
Alternatives to the Proposed Action were developed by the BLM to avoid 
or reduce various resource conflicts. Key resource constraints include 
habitat for, and presence of, the Mojave desert tortoise, which is 
listed as threatened under the Endangered Species Act; presence of 
waters of the United States; limited groundwater resources; vegetation 
at the Project site; recreation use in the surrounding area; proximity 
to local communities; and generation of dust.

Alternatives Including the Preferred Alternative

    The BLM has analyzed five alternatives in detail: the Applicant 
Proposed Action, Alternative 1 (BLM preferred alternative), Alternative 
2, Alternative 2A, and the No Action Alternative. These are discussed 
in detail in Chapter 2, Proposed Action and Alternatives, of the Draft 
RMP Amendment and EIS.
    Alternative Action 1, the BLM preferred alternative (referred to as 
the

[[Page 77177]]

Resources Integration Alternative) was identified in response to issues 
raised by the public and agency considerations. The intent of the 
Resources Integration Alternative is to minimize disturbance to 
vegetation and soils within the solar facility by setting maximum 
allowable disturbance thresholds to vegetation during construction, 
utilizing various construction methods across the site, and setting 
restoration goals. Grading would be limited to a maximum of 20 percent 
of the total development area, and construction would involve 
implementation of overland travel and drive and crush methods such that 
60 percent of the vegetation density is maintained.
    Alternative 2, which was proposed by the Applicant, and Alternative 
2A were designed to minimize disturbance to vegetation and soils within 
the solar facility by setting maximum allowable disturbance thresholds 
to vegetation during construction; however, those disturbance 
thresholds differ from Alternative 1. Under Alternative 2, grading 
would be limited to a maximum of 25.6 percent (918 acres) of the 
development area and vegetation would be cut to a maximum of 10 inches 
anywhere solar panels would be constructed and in a 5-foot buffer 
around each of the solar arrays. Alternative 2A is a hybrid alternative 
of Alternative 1 and Alternative 2. Alternative 2A would include the 
same grading allowance as Alternative 2, but maintain native desert 
vegetation at a height of 24 inches or taller across the Project site 
(with trimming allowed to no less than 18 inches where it directly 
interferes with equipment or panel performance).
    The No Action Alternative would be a continuation of existing 
conditions and the ROW would not be approved.
    The BLM further considered a number of additional alternatives but 
dismissed these alternatives from detailed analysis as explained in the 
Draft RMP Amendment/EIS and Alternatives Report.
    The BLM has identified Alternative Action 1--Resources Integration 
Alternative as the preferred alternative. Alternative Action 1 was 
found to best meet the BLM's planning guidance and is designed to be a 
Project lifecycle alternative, as the alternative addresses not only 
construction, but also operations, maintenance, and decommissioning of 
the solar facility. Alternative Action 1 minimizes disturbance to 
vegetation and soils within the solar facility, and minimizes impacts 
to wildlife habitat, soils, air quality, and water quality. Alternative 
Action 1 also reduces impacts to recreation by maintaining an existing 
OHV route southwest of the Project.

Mitigation

    The BLM included forty-four mitigation measures including, but not 
limited to, the following measures to address key resources:

 Dust control and stabilization (MM AIR-1)
 Emissions control (MM AIR-2)
 Reducing the project footprint and access control (MM WILD-1)
 Qualified biologist (MM WILD-2)
 Wildlife workers environmental awareness program (MM WILD-3)
 Pre-construction and pre-activity surveys (MM WILD-4)
 Minimization of wildlife entrapment (MM WILD-5)
 Minimization of wildlife conflicts (MM WILD-6)
 Protection of mesquite bosque (MM WILD-7)
 Pre-construction western monarch butterfly surveys (MM WILD-8)
 Desert tortoise burrows (MM WILD-9)
 Timing of plant surveys, site restoration, and plan 
requirements (MM VG-1)
 Cacti, yucca, and perennial plant salvage (MM VG-2)
 Invasive species management (MM VG-3)
 Timing of vegetation maintenance (MM VG-4)
 Visual design considerations and surface treatment procedures 
(MM VR-1)
 Minimize reflectivity (MM VR-2)
 Night lighting (MM VR-3)
 Minimize visual impacts during construction (MM VR-4)
 Minimize visual impacts during operation and maintenance (MM 
VR-5)
 Aviation glare notification (MM VR-6)
 OHV route signage for alternative routes (MM REC-1)
 Old Route 16 maintained access (MM REC-2)
 Stormwater quality monitoring program (MM WR-1)
 Prevention of flooding and development in floodplain areas (MM 
WR-2)
 Spill prevention and control measures (MM WR-3)
 Groundwater pumping meter and development of a groundwater 
monitoring and reporting plan (MM WR-4)
 Fence maintenance (MM WR-5)
 Septic system documentation and adaptive management (MM WR-6).

    These mitigation measures, along with Project Design Features 
required by the Southern Nevada District Office, management plans, and 
interagency operating procedures, are provided in full in Appendix B of 
the Draft RMP Amendment/EIS.

Schedule for the Decision-Making Process

    The BLM will provide additional opportunities for public 
participation consistent with the NEPA and land use planning processes, 
including a 30-day public protest period and a concurrent 60-day 
Governor's consistency review on the Proposed RMP Amendment. The 
Proposed RMP Amendment/Final EIS is anticipated to be available for 
public protest by late spring 2025, and if the project is authorized, 
the approved RMP Amendment and Record of Decision would be available by 
late summer 2025.
    The BLM will continue to consult with Indian Tribal Nations on a 
government-to-government basis in accordance with Executive Order 
13175, BLM Manual 1780 and other Departmental policies. Tribal concerns 
will be given due consideration.
    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, and 43 CFR 
part 2800)

Jon K. Raby,
State Director.
[FR Doc. 2024-21607 Filed 9-19-24; 8:45 am]
BILLING CODE 4331-21-P