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Pyramid Lake Paiute Tribe P Pyramid Lake Paiute Tribe P. O. Box 256 Nixon, Nevada 89424 Telephone: (775) 574-1000 / 574-1001 / 574-1002 Fax: (775) 574-1008 January 27, 2021 Truckee Meadows Regional Planning Commission c/o Chair Shelley Read 1105 Terminal Way, Ste 316 Reno, NV 89502 Submitted via email to [email protected] Re: Natural Resources Impacts from Ormat San Emidio II Geothermal Expansion (Regional Plan Amendment (RPA20-005) and Conformance Review (CR20-022)) Dear Chair Read and members of the Regional Planning Commission, I write to you on behalf of the Pyramid Lake Paiute Tribe (“Tribe”) to express the Tribe’s concerns with adverse impacts resulting from Ormat’s proposed project to massively expand its geothermal operations with the San Emidio II – North Valley Geothermal Development Project (“Project”). The Tribe is a sovereign nation and federally-recognized Indian Tribe, whose approximately 500,000 acre federal Indian reservation is almost entirely within Washoe County. The Reservation is approximately 32 miles northeast of Reno. The designated “Area of Interest” for the Project is only 3 miles from the boundary of the Reservation. (See Figures 1 and 2 in attached comments of the Tribe’s hydrologic engineering consultant, Stetson Engineers.) The Project proposes to withdraw groundwater from the San Emidio basin. The San Emidio basin––which extends into Reservation lands––is known to have active geothermal resources connected to an extensive array of subsurface geological faults. These subsurface faults are associated with springs on the Reservation that are important water sources for both wildlife, such as federally-protected sage grouse and the recently re-introduced desert bighorn sheep in the northeast mountains of the Reservation, and for Tribal members’ cattle herds that graze on the range in the area. There are also wetlands within the Reservation that are dependent on the local groundwater hydrology of the area. The Tribe has also expended considerable resources to investigate the potential to develop its own geothermal power plants for much-needed economic development for the Tribe and its members. This is the same network of fault structures that are being targeted by Ormat’s massive proposed expansion of its geothermal plant. (See Figure 1 in the attached technical comments from the Tribe’s geologic engineering consultant, Ehni Enterprises.) Ormat’s proposed project will drill approximately 25 new geothermal wells mere miles from the Reservation boundary. Based on the Tribe’s analysis, the Project is estimated to withdraw about 8,000 acre-feet of water from the basin, which will drastically alter the hydrology of the basin. 1 To date, there has been no analysis of the impacts to the natural resources on the Reservation from the Project. The Tribe is gravely concerned with the adverse natural resources impacts to the Reservation that are threatened by Ormat’s proposed expansion of the San Emidio Geothermal Plant. Those adverse natural resources impacts (which are more fully discussed in the technical comments the Tribe submitted to both the Bureau of Land Management and the Washoe County Planning Commission, and which are also attached to this letter) include the drying of natural springs on the reservation, the potential to adversely impact Pyramid Lake’s unique geologic tufa features and its water quality, the potential to impact wetlands on the Reservation, and the potential to adversely impact the geothermal resources of the Tribe within the Reservation. It is not expected that any re-injection of the spent geothermal water from the Project would actually alleviate the adverse impacts to the Tribe’s natural resources, because of the complicated geohydrology of the area, the undetermined re-injection locations, and the lack of any analysis of the impact of re-injecting cooled water. The U.S. Bureau of Indian Affairs (Div. of Energy & Mineral Development) has also expressed its concerns with Ormat’s proposed geothermal expansion project. (See attached March 26, 2020 letter from BIA to BLM.) Ormat’s massive geothermal expansion project is not in conformance with the 2019 Truckee Meadows Regional Plan. Although the Reservation is not within the Truckee Meadows service area, the 2019 Regional Plan (“Plan”) commits the Regional Planning Commission to considering “impacts of development within designated areas of Washoe County on surrounding counties and entities.” (p.18) The Plan’s Regional Vision and Directional Statements (p.22) state that one purpose of the Plan is to “preserve, protect, and value our natural resources to ensure a vibrant environment today and in the future.” The 2019 Regional Plan’s Goal Statement #2 for natural resources and the environment (p.41) is to “identify and protect essential natural resources and environmental quality, and mitigate the impacts of development of these natural resources.” The goals and visions of the Plan are of course implemented by the requirement that all proposed projects subject to the Plan comply with specific policies set out in Chapter 3 of the Plan. The natural resources policies include the development of a natural resources plan and the protection of natural resources (NR-1), and the protection of wildlife habitat (NR-7). The specific policies for conformance review (RC-10) include: the protection of natural resources; conformance with the vision, goals and policies of the Plan; and assurances of the health and welfare of the community. Goal #5 of the Plan for equity and diversity (p.41) requires addressing “the needs of all residents of the region when evaluating how to meet other goals (for regional living, the environment, the economy, and efficiency).” To the Tribe’s extreme disappointment, the Tribe was not consulted regarding the Project by the Regional Planning Commission. The Tribe would note that Policy NR-1 of the Plan requires a “cooperative approach” to developing natural resources regionally, “by working in conjunction with regional partners and the wider region.” The failure to consult with the Tribe and to fully consider the potential impact on the Tribe’s natural resources is a complete failure by the Regional Planning Commission to meet the requirements of Policy NR-1. 2 Of course, preservation of natural resources and mitigation of impacts requires first that the impacts be studied and fully understood. Unfortunately, the likely impacts to the Tribe’s natural resources have not been subject to anywhere near the necessary level of review required to ensure their protection as required by the Plan. In the Staff Report, the Regional Planning Commission’s staff’s consideration of the natural resources impacts of the Project defers all natural resources analysis to Washoe County’s previous consideration of a special use permit for the Project. (See Staff Report, Plan Amendment Evaluation, p.4 and Conformance Review Findings, p.7.) But Washoe County’s review of the special use permit did not undertake any analysis of the natural resources impacts of the Project, and instead completely deferred to the draft environmental assessment prepared by the Bureau of Land Management. (See Aug. 13, 2020 Washoe Co. Staff Report, Comment #4.) Effectively, your staff has simply added another layer of failure to analyze the natural resources impacts of the Project. This is the reason the Washoe County Planning Commission denied the special use permit for the Project. As the members of the Regional Planning Commission are probably aware, the Bureau of Land Management’s review of the Project, which remains unfinished, does not consider whether the Project is in conformance with the Plan. Furthermore, the Tribe’s attached technical comments have caused the BLM to delay its completion of the environmental review of Ormat’s Project, primarily to conduct further review of Ormat’s proposed monitoring and mitigation plan that has been subsequently required by BLM. The Regional Planning Commission should not simply defer to Washoe County’s deferral to the BLM’s incomplete natural resources analysis, and should instead direct your staff to conduct its own analysis of the natural resources impact of Ormat’s massive geothermal expansion in collaboration and consultation with the Tribe as required by the Plan. The Tribe also notes that the Regional Planning Commission’s Staff Report also incorrectly claims that no “outside agencies,” such as federal or state agencies, provided comments, concerns or conditions on Ormat’s Project. That may be true as it relates to Washoe County’s consideration of the special use permit, but it is not true as it relates to the BLM’s ongoing NEPA analysis. In fact, both the U.S. Fish & Wildlife Service and the U.S. Bureau of Indian Affairs (Div. of Energy and Minerals Management) provided comments to the BLM on the draft environmental assessment, each expressing their agency’s great concern about the impacts of the Project on the Tribe’s natural resources. (Comments attached to this letter.) The BLM has not completed its analysis of the Project since those comments were provided to it. And, of course, the Tribe also provided comments to Washoe County expressing its grave concerns related to the Project, so it is frankly insulting that the Staff Report does not acknowledge the Tribe’s concerns as expressed in writing to both the Washoe County Planning Commission, the Board of County Commissioners, and the BLM. Finally, the Plan requires the consideration of impacts to cultural resources from the Project. No analysis has been conducted of the potential for adverse impacts to Native American cultural resources from the Project, either on the Reservation or in the Project area. 3 Based upon the above concerns, the Tribe requests that the Regional Planning Commission not adopt Resolution 21-01 approving Ormat’s requested map amendment (RPA 20-005) and not approve a motion finding that Ormat’s massive expansion of its San Emidio Geothermal Plant is in conformance with the 2019 Regional Plan.
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