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Public Notices

Under the Corps' Regulatory Program, a public notice is the primary method for advising all interested parties of a proposed activity for which a permit is sought. Soliciting comments and information necessary to evaluate the probable impacts on the public interest. Public notices are also published to inform the public about new or proposed regulations, policies, guidance or permit procedures.

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SPK-2017-01022, Construct the Gemini Solar Project, Clark County, NV

Regulatory Division
Published March 20, 2019
Expiration date: 4/19/2019

Comments Period: March 21, 2019 – April 19, 2019

SUBJECT: The U.S. Army Corps of Engineers, Sacramento District, (Corps) is evaluating a permit application to construct the Gemini Solar project, which would result in the discharge of fill material into approximately 36.97 acres of waters of the U.S., consisting of ephemeral drainages that are tributary to Lake Mead. This notice is to inform interested parties of the proposed activity and to solicit comments.

AUTHORITY: This application is being evaluated under Section 404 of the Clean Water Act for the discharge of dredged or fill material in waters of the United States.

APPLICANT: Arevia Power & Solar Partners XI, LLC, Attn: Mr. Ricardo Graf, 1044 10th Avenue, Redwood City, California 94063, Phone: 99-275-7538

Consultant: Phoenix Biological Consulting, Attn: Mr. Ryan Young, Post Office Box 2238, Tehachapi, California 93581, Phone: 949-887-0859

LOCATION: The approximately 7,079-acre project site is located approximately 31 miles north-east of Las Vegas, south of Interstate 15, Latitude 36.46487° North, Longitude 114.76397° West, in Clark County, Nevada., and can be seen on the Dry Lake USGS Topographic Quadrangle.

PROJECT DESCRIPTION: The applicant is proposing to discharge fill material into 36.97 acres of ephemeral drainages for the construction of a 690 megawatt alternating current (MWac) solar facility located on 7,079 acres on federal lands administered by the Bureau of Land Management (BLM), as identified in Table 1.

Table 1:

Disturbance Type

Acres of Disturbance

Notes

Permanent Disturbance

Entire solar facility

7,072

690-MWac PV solar facility

O&M building

2.1

Includes the O&M building, parking, and water tank storage, all within solar facility footprint

Substations

7.1

Each of the three substations occupies approximately 2.4 acres within the solar facility footprint

Perimeter Road

86.5

Up to 20 feet wide, graded and covered with gravel base or compacted soil. The access roads are included in the solar facility footprint.

Internal Access roads for solar field and utility corridor

280.6

Up to 20 feet wide with a 30-foot adjacent utility corridor (20 feet on one side and 10 feet on the other), graded and covered with gravel base. The access roads are included in the solar array footprint

Water Ponds

4

Four temporary water ponds would be constructed in development areas A, B, and D.

Drainage Features

30.6

Includes channels (2.26 miles), a 15-acre detention basin, and a spillway within the solar array footprint

Total

7,483

Temporary Disturbance

Laydown area

33.1

Gen-tie laydown and staging, 200 feet by 200 feet at each pole, outside the solar facility fence

Collection line construction

2.3

Two pulling sites; 100 feet by 500 feet

Total

35

 

The proposed project would be constructed using methods consisting of 65% mowing and 35% traditional (e.g. grading). The proposed discharge of fill material into waters of the U.S. within those areas identified for mowing would occur as a result of engineering to divert flow along the western edge of Area B and along a small portion of the upper edge of Area A, as shown on the enclosed figures. Some discharge is anticipated within the West Tributary of the California Wash that is located within the project area due to installation of rip-rap and/or soil cement. The discharge will likely be constructed with backhoes, small bulldozers and dump-trucks. The applicant has proposed to utilize Best Management Practices to limit discharge and erosion into waters of the U.S. A collector channel/berm and detention basin are proposed to capture runoff from Area B and meter outflow into the West Tributary (west of Area B). Earthen and/or concrete berms and detention basins are proposed to be installed to prevent flooding on site within some of the 100 year flood plain channels associated with the California Wash. Berm height is not expected to exceed 3 feet. The channel/berms are proposed to be need to be lined with an erosion-resistant material, such as soil, cement, or riprap. The proposed discharge of fill material into waters of the U.S. is identified in Table 2.

Table 2:  Proposed discharge of fill material into waters of the U.S.

 

Area

Drainage ID

Long-term Permanent Impacts (Traditional) (Acres)

Long Term Permanent Impacts - Access Roads, Berms, Substations (Mowing) (acres)

Total Project Permanent Impacts (Acres)

Area A

A1

0.64

0

0.64

A2

0.7

0

0.7

Area B

B1

0

0.01

0.01

B2

0.28

0

0.28

B3

1.3

0.08

1.38

B4

0.98

0

0.98

B5

0

1.32

1.32

B6

0

0.14

0.14

B7

0

0.03

0.03

B9

0

1.28

1.28

Area C

C1

0.73

0

0.73

C2

0.05

0

0.05

C3

0.08

0

0.08

C4

0.29

0

0.29

Area D

D1

1.2

0

1.2

D2

0

0.06

0.06

D3

0

0

0

D4

0

0.01

0.01

D5

0

0.07

0.07

D6

0.05

0.02

0.07

D7

0

0.18

0.18

D8

0

0.14

0.14

D9

0

0.13

0.13

D10

0

0.22

0.22

Area E

E1

26.84

0

26.84

E2

0.14

0

0.14

Total

33.28

3.69

36.97

 

ADDITIONAL INFORMATION:

Environmental Setting. On January 22, 2019, the Corps issued an approved jurisdictional determination concluding the proposed project area contains approximately 106.00 acres of ephemeral channels that are waters of the U.S, as they have more than a speculative or insubstantial nexus to the chemical, physical, and/or biological integrity of the nearest Traditional Navigable Water (Lake Mead). The ephemeral drainages within the project area include California Wash and its tributaries. California Wash flows north into the Lower Muddy River, a tributary to Lake Mead, a navigable water of the U.S. The proposed project area is located in the northeastern portion of the Mojave Desert and is surrounded by relatively undeveloped and undisturbed desert scrubland. The Moapa Indian Reservation is located immediately north of the project area, with the remaining surrounding area consisting of undeveloped open access desert that is owned by the federal government and managed by the BLM.

Disturbed areas within the project area include multiple two-track unimproved dirt roads that traverse through the project area; including State Road 40 in Areas A and B, Old Spanish trail Road in Areas D and E, and Route 167 in the southern portion of Area D. Other disturbed areas in the vicinity of the project include the Moapa Piute Travel Plaza on the northern edge of the project boundary, Valley of Fire paved road between Areas B and C of the project, I-15 to the northwest of the project Area, and K Road Solar approximately 1.5 miles north of the project area on the Moapa Indian Reservation. The Nevada Energy Crystal substation, into which the proposed gen-tie line would connect, is located approximately 2.5 miles west of the project area. Valley of Fire State Park is situated eight miles to the east.

The dominant vegetation within Areas B-G consists of Creosote-White Burrobush (Larrea tridentata-Ambrosia dumosa) Shrubland Alliance, interspersed with Catclaw Thornscrub (Senegalia greggii) Shrubland Alliance (Desert wash scrub) within the larger, braided ephemeral drainage channels that traverse the Area. Area A is a mixture of Creosote-Burrobush (Larrea tridentata-Ambrosia dumosa), Saltbush scrub (Atriplex confertifolia), Big Galleta Grass (Pleuraphis rigida) Herbaceous Alliances (Sawyer, J.O. et al., 2009).

In 2017, the applicant filed an application with the BLM requesting authorization to construct, operate, maintain, and decommission a 690-megawatt-per-year photovoltaic (PV) solar electric generating facility and associated generation tie-line and access road facilities. The applicant acquired the original 44,000-acre APEX Solar Thermal Power Generation Facility right-of-way application filed in 2008 by BrightSource Energy, LLC. On July 13, 2019, the BLM issued a Notice of Intent (NOI) to Prepare and Environmental Impact Statement (EIS) for a proposed land use plan amendment to their 1998 Resource Management Plan for the proposed action (83 FR 32682). The Corps is a cooperating agency in the preparation of the EIS, and intends to utilize the EIS in making a final permit decision on the proposed action.

Alternatives. The applicant has not provided information concerning project alternatives. Additional information concerning project alternatives may be available from the applicant or their agent. Other alternatives may develop during the review process for this permit application. All reasonable project alternatives, in particular those which may be less damaging to the aquatic environment, will be considered.

Mitigation. The Corps requires that applicants consider and use all reasonable and practical measures to avoid and minimize impacts to aquatic resources. If the applicant is unable to avoid or minimize all impacts, the Corps may require compensatory mitigation. The applicant has proposed to avoid and minimize adverse effects to waters of the U.S. through the use of mowing methods instead of traditional methods (e.g. clearing and grubbing and permanent loss of waters of the U.S.) within 65% of the proposed projects site. The applicant is still evaluating potential compensatory mitigation options, and has indicated they will likely pursue permittee-responsible compensatory mitigation at an off-site location at a minimum 1:1 ratio to compensate for the loss of waters of the U.S.

OTHER GOVERNMENTAL AUTHORIZATIONS: Water quality certification or a waiver, as required under Section 401 of the Clean Water Act from the Nevada Division of Environmental Protection is required for this project. The applicant has not indicated they have applied for certification.

HISTORIC PROPERTIES: Potentially eligible cultural resources may be affected by the proposed project. The BLM, as the lead federal agency for compliance with Section 106 of the National Historic Preservation Act, will initiate consultation with the State Historic Preservation Officer, as appropriate.

ENDANGERED SPECIES: The proposed activity may affect Federally-listed endangered or threatened species or their critical habitat. The BLM, as the lead federal agency for compliance with Section 7 of the Endangered Species Act, will initiate consultation with the U.S. Fish and Wildlife Service, as appropriate.

ESSENTIAL FISH HABITAT: The proposed project would not adversely affect Essential Fish Habitat (EFH) as defined in the Magnuson-Stevens Fishery Conservation and Management Act.

The above determinations are based on information provided by the applicant and our preliminary review.

EVALUATION FACTORS: The decision whether to issue a permit will be based on an evaluation of the probable impacts, including cumulative impacts, of the described activity on the public interest. That decision will reflect the national concern for both protection and utilization of important resources. The benefit, which reasonably may be expected to accrue from the described activity, must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the described activity will be considered, including the cumulative effects thereof; among those are conservation, economics, aesthetics, general environmental concerns, wetlands, historic properties, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shoreline erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, consideration of property ownership and, in general, the needs and welfare of the people. The activity's impact on the public interest will include application of the Section 404(b)(1) guidelines promulgated by the Administrator, Environmental Protection Agency (40 CFR Part 230).

The Corps is soliciting comments from the public, Federal, State, and local agencies and officials, Indian tribes, and other interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by the Corps to determine whether to issue, modify, condition, or deny a permit for this proposal. To make this decision, comments are used to assess impacts on endangered species, historic properties, water quality, general environmental effects, and other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act. Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity.

SUBMITTING COMMENTS: Written comments, referencing Public Notice SPK-2017-01022 must be submitted to the office listed below on or before April 19, 2019.

Lisa Gibson, Regulatory Permit Specialist
US Army Corps of Engineers, Sacramento District
1325 J Street, Room 1350
Sacramento, California 95814-2922
Email: Lisa.M.Gibson2@usace.army.mil

The Corps is particularly interested in receiving comments related to the proposal's probable impacts on the affected aquatic environment and the secondary and cumulative effects. Anyone may request, in writing, that a public hearing be held to consider this application. Requests shall specifically state, with particularity, the reason(s) for holding a public hearing. If the Corps determines that the information received in response to this notice is inadequate for thorough evaluation, a public hearing may be warranted. If a public hearing is warranted, interested parties will be notified of the time, date, and location. Please note that all comment letters received are subject to release to the public through the Freedom of Information Act. If you have questions or need additional information please contact the applicant or the Corps' Regulatory Permit Specialist Lisa Gibson, (916) 557-5288, Lisa.M.Gibson2@usace.army.mil.

Attachments: 3 drawings