Bureau of Land Management Land Use and Corridor Report Gemini Solar Project N-84631
March 2019
717 Market Street, Suite 650 San Francisco, CA 94103 650-373-1200 www.panoramaenv.com
BUREAU OF LAND MANAGEMENT Gemini Solar Project
Land Use and Corridor Report
March 2019
Prepared by: Panorama Environmental, Inc. 717 Market Street, Suite 650 San Francisco, CA 94103 650-373-1200 [email protected]
717 Market Street, Suite 650 San Francisco, CA 94103 650-373-1200 www.panoramaenv.com TABLE OF CONTENTS
TABLE OF CONTENTS
Acronyms and Abbreviations ...... iii
Introduction...... 1-1 1.1 Purpose ...... 1-1 1.2 Project Location ...... 1-1 1.3 Applicant Proposed Action ...... 1-1
Land and Realty ...... 2-1 2.1 Regulatory Background ...... 2-1 2.2 Data Sources and Methodology ...... 2-4 2.3 Analysis Area ...... 2-4 2.4 Baseline Description ...... 2-4 2.5 Potential Effects and Recommendations ...... 2-10
Specially Designated Areas ...... 3-1 3.1 Regulatory Background ...... 3-1 3.2 Data Sources and Methodology ...... 3-4 3.3 Analysis Area ...... 3-5 3.4 Baseline Description ...... 3-5 3.5 Potential Effects and Recommendations ...... 3-12
Rangeland Resources ...... 4-1 4.1 Regulatory Background ...... 4-1 4.2 Data Sources and Methodology ...... 4-1 4.3 Analysis Area ...... 4-2 4.4 Baseline Description ...... 4-2 4.5 Potential Effects and Recommendations ...... 4-2
Military and Civilian Aviation ...... 5-1 5.1 Regulatory Background ...... 5-1 5.2 Data Sources and Methodology ...... 5-2 5.3 Analysis Area ...... 5-2 5.4 Baseline Description ...... 5-2 5.5 Potential Effects and Recommendations ...... 5-5
Recreation...... 6-1
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6.1 Regulatory Background ...... 6-1 6.2 Data Sources and Methodology ...... 6-2 6.3 Analysis Area ...... 6-2 6.4 Baseline Description ...... 6-2 6.5 Potential Effects and Recommendations ...... 6-6
References ...... 7-1
List of Tables
Table 1 Land Use Authorizations in the Project Area ...... 2-5 Table 2 Areas of Critical Environmental Concern within 25 Miles of the Project Area .. 3-7 Table 3 Registered Airports within 50 miles of the Project Area...... 5-4
List of Figures
Figure 1 Project Location Map ...... 1-3 Figure 2 Applicant Proposed Action and Additional Surveyed Development Areas ...... 1-4 Figure 3 Land Use Authorizations in the Project Area ...... 2-7 Figure 4 Corridors in the Project Area...... 2-8 Figure 5 Specially Designated Areas within 25 miles of the Project Area...... 3-6 Figure 6 Registered Airports and Airspace Restrictions within 50 miles of the Project Area ...... 5-3 Figure 7 Recreation Management Areas within 25 miles of the Project Area...... 6-3 Figure 8 Recreation Features and Access in the Project Area...... 6-5
Land Use and Corridor Report ● March 2019 ii ACRONYMS
ACRONYMS AND ABBREVIATIONS
ACEC Area of Critical Environmental Concern
AFB Air Force Base
AGL above ground level
AIS Aeronautical Information Services
BLM Bureau of Land Management
BIA Bureau of Indian Affairs
BSBCB Bitter Springs Back Country Byway
CAD computer‐aided design
CFR Code of Federal Regulations
COC Corridor of Concern
DoD United States Department of Defense
DEM digital elevation model
DOE Department of Energy
EIS Environmental Impact Statement
EPA Environmental Protection Agency
EPD Environmental Planning Development
ERMA extensive recreation management area
ESA Environmental Site Assessment
Esri Environmental Systems Research Institute
FAA Federal Aviation Administration
FHWA Federal Highway Administration
FLPMA Federal Land Policy and Management Act
Land Use and Corridor Report ● March 2019 iii ACRONYMS
gen‐tie Generation tie lines
GDB geodatabase
GIS Geographic Information Systems
I‐15 Interstate 15
IOPs Interagency Operating Procedures kV kilovolt
LADWP Los Angeles Department of Water and Power
MOU Memorandum of Understanding
MS Manual Transmittal Sheet
MTR Military Training Routes
MW Megawatt
MWac Megawatt alternating current
NAIP National Agriculture Imagery Program
NDOT Nevada Department of Transportation
NDOW Nevada Department of Wildlife
NED National Elevation Dataset
NEPA National Environmental Policy Act
NGTOC National Geospatial Technical Operations Center
NPS National Parks Service
NTD National Transportation Dataset
O&M Operations and maintenance
OHV off‐highway vehicle
OSNHT Old Spanish National Historic Trail
PEIS Programmatic Environmental Impact Statement
POD Plan of Development
Project Gemini Solar Project
Land Use and Corridor Report ● March 2019 iv ACRONYMS
PV Photovoltaic
RMP Resource Management Plan
ROD Record of Decision
ROW right‐of‐way
SEZ Solar Energy Zone
SR State Route
SRMA special recreation management area
SRP special recreation permit
SRTM Shuttle Radar Topography Mission
SUAs Special Use Airspaces
USC United States Code
USDA United States Department of Agriculture
USDOI United States Department of Interior
USDOT United States Department of Transportation
USFS United States Forest Service
USFWS United States Fish and Wildlife Service
USGS United States Geological Survey
WEC West‐wide Energy Corridor
WMA Wildlife Management Area
Land Use and Corridor Report ● March 2019 v 1 INTRODUCTION
INTRODUCTION
1.1 PURPOSE This Land Use and Corridor Report has been prepared for the proposed Gemini Solar Project (Project). The purpose of this report is to identify land uses in the Project area that could be adversely affected by the Project and to provide recommendations to minimize effects. This report supports and augments the information provided in the Land Use and Recreation sections of the Environmental Impact Statement (EIS) prepared by the Bureau of Land Management (BLM). Topics addressed in this report include: Land and Realty, including Energy, Transportation, and Utility Corridors Specially Designated Areas Recreation Rangeland Resources Military and Civilian Aviation
1.2 PROJECT LOCATION The Project is located on public land administered by the BLM in the northeastern portion of the Mojave Desert; approximately 33 miles (53 kilometers) northeast of the Las Vegas metropolitan area, in an unincorporated area of Clark County, Nevada (refer to Figure 1). The Project site is situated immediately south of the Moapa River Indian Reservation and less than a half mile (0.8 kilometer) southeast of Interstate 15 (I‐15), off of Valley of Fire Road, within the Paiute Point and Dry Lake United States Geological Survey 7.5‐minute topographic quadrangles. The Project is located within Mount Diablo Meridian, Nevada, T.17S., R.64E., secs. 10‐15, 25, and 36; T.17S., R.65E., secs. 7‐9, 16‐21, 28‐33; T.18S., R.64E., secs. 1 and 2; and T.18S., R.65E., secs. 4‐5.
1.3 APPLICANT PROPOSED ACTION The Project includes the construction, operation, maintenance, and decommissioning of an approximately 690‐megawatt (MW) alternating current (MWac) photovoltaic (PV) solar project and ancillary facilities on approximately 7,100 acres (2,873 hectares). A larger area encompassing 10,670 acres (4,318 hectares) was surveyed in order to define alternative configurations of approximately 7,100 acres (2,873 hectares) that reduce environmental effects. The solar fields are divided into development areas, labeled A through G, as shown in Sources:
Figure 2. The primary access road for the Project during both construction and operation would be Valley of Fire Road. Project components include on‐site, off‐site, and temporary facilities needed during Project construction. The major on‐site solar facilities are comprised of solar
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array blocks, substations, and operations and maintenance facilities. Each array block would have an integrated battery energy storage system, inverters, and medium voltage transformers. Electricity generated by the Project would be interconnected to the NV Energy transmission system via overhead generation tie (gen‐tie) lines extending from the Project substations to NV Energy’s Crystal Substation (N‐74575), located less than 4 miles (6 kilometers) west of the Project. The proposed gen‐tie lines would consist of a 230 kilovolt (kV) circuit for delivery of 440‐MW to NV Energy Balancing Authority (at Crystal Substation) and a 500 kV circuit for delivery of 250‐MW to the Los Angeles Department of Water and Power (LADWP) 500 kV transmission line (N‐10683) at the Harry Allen Substation connected through Crystal Substation. The proposed on‐site solar facilities include 34.5 kV overhead and underground collector lines, a 2‐acre (0.8‐hectare) operations and maintenance (O&M) facility, three substations, internal access roads, access roads along gen‐tie lines, a perimeter road, perimeter fencing, water storage tanks for fire protection, drainage control features, and improvements to the existing NV Energy facilities to support interconnection. During construction and operations, water could be obtained through the purchase of an existing appropriation that is accessed through a new well on the Project site, a permanent water pipeline from the Moapa Paiute Travel Plaza, or via trucking water onto the site.
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Figure 1 Project Location Map
Sources: (Louis Berger Group , 2018; Esri, 2006; USGS, 2017; The National Map and USGS, 2017; Ventyx, 2010; Tele Atlas, 2010a; Tele Atlas, 2010b)
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Figure 2 Applicant Proposed Action and Additional Surveyed Development Areas
Sources: (University of Montana, 2010; Louis Berger Group, 2018; USDA-FSA-APFO, 2017; Clark County Nevada GIS Management Office, 2018)
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LAND AND REALTY
2.1 REGULATORY BACKGROUND
2.1.1 Land Use Authorizations Land use and realty considerations on BLM‐administered land focus on land use authorizations, including rights‐of‐way (ROWs), permits, leases, and easements, as well as the ability to grant future requests for such authorizations. Permits are generally short‐term, revocable authorizations for a specified purpose that have a negligible impact on the land. Leases are usually long‐term authorizations for a fixed period. A ROW is typically authorized through a grant or lease. A ROW grant is an authorization to occupy or use a specific piece of public land for projects, such as roads, pipelines, power transmission lines, renewable energy, and communications lines. ROWs may be granted to various government agencies and private entities. Generally, a BLM ROW is granted for a term appropriate for the life of the project. In the case of wind and solar developments, the term limit is 30 years. The majority of ROWs granted on BLM‐administered land are authorized by Title V of The Federal Land Policy and Management Act (FLPMA), as amended, and Section 28 of the Mineral Leasing Act of 1920, as amended (43 United States Code [USC] 185).
Section 302 of FLPMA and other applicable laws and regulations pursuant to 43 Code of Federal Regulations (CFR) 2800 provide the BLM the authority to issue leases and permits for the use, occupancy, and development of public lands. Leases and permits are issued for both commercial and noncommercial uses, including croplands, apiaries, commercial filming, harvesting, temporary or permanent facilities for commercial purposes, construction equipment storage sites, assembly yards, oil rig stacking sites, and water pipelines and well pumps related to irrigation and non‐irrigation facilities. Issuance of leases and permits are a discretionary action.
Section 503 of FLPMA directs the Secretary of the Interior to designate ROW corridors to minimize adverse environmental impacts and the proliferation of separate ROWs, promote ROWs in common, and reserve to the Secretary the right to grant additional ROW for compatible uses.
2.1.2 Transmission Corridors Transmission corridors provide connectivity of transportation and utility facilities, and renewable energy resources on public lands and provide for more efficient siting and permitting of major ROWs. The BLM designates transmission corridors (or ROW corridors) to minimize adverse impacts and the proliferation of separate use authorizations while providing an orderly system for energy, transportation, and utility purposes. Designation of transmission
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corridors, whether transportation, utility, or energy corridors, is also based on interest in confining land uses such as major pipelines, highways, and utility routes to ROW corridors to protect other resources in adjacent areas. The designation of specific transmission corridors does not result in automatic approval of projects within the corridors, nor would it require future energy transport projects to be located within these designated corridors, although the preference is to utilize designated corridors to avoid and/or minimize adverse impacts to other resources. Projects crossing non‐BLM administrative lands (e.g., other federal agencies, state/local governments, and private properties) would be subject to those respective land regulations and authorities. Any requested use of BLM‐administered lands must demonstrate compliance with all applicable federal, state, and local regulations in order to use federal land.
In 1998, the BLM analyzed utility and transportation corridors within the BLM Southern Nevada District in the EIS for the Las Vegas Resource Management Plan (RMP), as amended (BLM, 1998c). These corridors, and other designations in Clark and Southern Nye Counties, were approved as part of the Record of Decision (ROD) (BLM, 1998b).
Section 368 of the Energy Policy Act of 2005 sets forth provisions that change the way certain federal agencies coordinate to authorize the use of public land for a variety of energy‐related purposes. Section 368 requires the designation of energy corridors on federal lands in 11 western states, including Nevada; the establishment of procedures to ensure that additional corridors are identified and designated as necessary; and to expedite applications to construct or modify oil, gas, and hydrogen pipelines and electricity transmission and distribution facilities. In 2008, the BLM analyzed energy corridors in the Programmatic EIS (PEIS) for the Designation of Energy Corridors on Federal Land in the 11 Western States (DOE and BLM, 2008), and subsequently designated corridors in January 2009 in RMP amendments for all affected field offices. This network of energy corridors is referred as the West‐wide Energy Corridors (WEC) or Section 368 Energy Corridors. Conservation groups challenged the BLM’s corridor designation decisions.
Interagency Operating Procedures (IOPs) are mandatory requirements for energy transport projects in Section 368 corridors. IOPs provide uniform requirements and performance criteria for the planning, construction, operation, and decommissioning of energy‐related facilities such as pipelines, transmission lines and distribution facilities within Section 368 corridors (BLM, 2009). The BLM adopted these IOPs as mandatory requirements in all Section 368 corridors on BLM‐administered land.
IOPs are organized by project phase (planning, construction, operation, and decommissioning) and by resource area or activity within each phase. Many IOPs address general requirements to comply with laws and regulations, while others describe more detailed actions for avoiding or minimizing the potential adverse effects of a project. Not all IOPs are appropriate for all energy transport projects; for example, some IOPs are specific to the development of pipelines and do not apply to electric transmission or distribution lines.
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Project proponents and BLM staff are responsible for ensuring that all applicable IOPs are incorporated into a project’s Plan of Development (POD) and implemented during construction. Project proponents are to include a table in the project POD that demonstrates how the project satisfies all applicable IOPs.
In July 2012, a court‐approved settlement agreement was issued for the Wilderness Society v. United States Department of Interior, No. 3:09‐cv‐03048‐JW (D.N.D. Cal.). Per the settlement, the BLM, United States Forest Service (USFS), and the Department of Energy developed an interagency workgroup and committed to a Memorandum of Understanding (MOU) that was approved on July 8, 2013. The MOU and corresponding work plans provide the framework for future corridor studies and periodic regional reviews of corridors. The settlement specified a variety of environmental, cultural, and other concerns on certain corridors known as Corridors of Concern (COCs), as well as a process for the ongoing use and modification of corridors. This included revisions to, deletions from, and additions of designated corridors taking into consideration certain principles, such as:
Location of corridors in favorable landscapes; Facilitation of renewable energy projects where feasible; Avoidance of environmentally sensitive areas to the maximum extent practicable; Diminution of the proliferation of dispersed ROWs crossing the landscape; and Improvement of the long‐term benefits of reliable and safe energy transmission. BLM’s existing corridors within the Southern Nevada planning area have been amended, as appropriate, to comply with the West‐wide Energy Corridor ROD, Section 368 of the Energy Policy Act, the settlement agreement, and the interagency MOU. The amendments included changes to corridor widths and creating new corridors, including COCs.
2.1.3 Solar Energy Program Designations The ROD for the Solar PEIS signed in October 2012 amended 89 BLM land‐use plans in the six‐ state study area (Arizona, California, Colorado, Nevada, New Mexico, and Utah), including the Southern Nevada planning area (BLM, 2012i). The land‐use plan amendments include the identification of the following land use categories for utility‐scale solar energy development on federal land: Solar energy zones (SEZs) where solar development is prioritized, and environmental review would be streamlined; Variance areas outside of SEZs where solar energy development would be subject to the variance process; and Exclusion areas outside of SEZs and variance areas where solar energy development would be avoided.
The Solar PEIS states that the program designations do not apply to pending applications filed before the publication of the Supplement to the Draft Solar PEIS (October 28, 2011), and any applications filed within proposed SEZs before June 30, 2009. Pending applications submitted prior to these periods would be evaluated under the applicable land use plans in effect when
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the application was filed. The Project application was initially filed in 2008 by BrightSource Energy, LLC; therefore, the solar energy program designations would not apply to the Project. Instead, land use designations identified in BLM’s 1998 Final Las Vegas RMP apply to the Project. BLM‐designated land uses addressed in this report include Specially Designated Areas (refer to Section 3) and Rangeland Resources (refer to Section 4).
BLM Manual H‐1601‐1, Land Use Planning Handbook (BLM, 2005), identifies the procedures for amending RMPs through the National Environmental Policy Act (NEPA) review process.
2.2 DATA SOURCES AND METHODOLOGY The BLM provided certain information for analysis purposes. In addition, the following data sources were reviewed for information on lands and realty features: 1998 Final Las Vegas RMP (BLM, 1998c) 2009 Final West‐wide Energy Corridor PEIS and ROD (BLM, 2009; DOE and BLM, 2008) 2012 Final Solar PEIS (DOE and BLM, 2012; BLM, 2012i) Preliminary title report for the BLM‐lease area (Fidelity National Title Group, 2018) Due diligence report for mining claims on public lands in Clark County, Nevada (EnviroMINE, Inc., 2018) LR2000 and Master Title Plats for existing and proposed land uses
Spatial characteristics including proximities, areas, and lengths were determined through overlay of Geographic Information System (GIS) data layers associated with the sources described above.
2.3 ANALYSIS AREA The area of analysis for land and realty features is the extent of land that could be directly or indirectly affected by the Project, such as lands subject to an existing ROW, permit, lease, or easement; a designated transmission corridor; or another land use authorization. Direct or indirect effects on land and realty features would be limited to areas where land use designations or authorizations would change, where permanent features would be installed, or where land disturbance would occur during construction. These areas are limited to the Project study area where proposed and alternative development areas are located (refer to Figure 3).
2.4 BASELINE DESCRIPTION
2.4.1 Land Use Authorizations The Project ROW application area is located entirely within BLM‐administered land. All land use authorizations in the Project area, in addition to the Applicant’s application for a solar
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energy grant entitled to BrightSource Energy, LLC, are detailed in Table 1, and shown in Figure 3. A few transmission lines in Table 1 are not fully operational as of preparation of this report.
Table 1 Land Use Authorizations in the Project Area
Type of ROW Name Authorization Owner/Applicant BLM Serial Number
Crystal Substations Substation NV Energy N-61363; N-74575 (North and South) and Switchyard
Navajo-McCullough 500 kV transmission line LADWP (formerly N-4790; N-2763 500 kV transmission Department of Water and Power of the City of Los Angeles)
Intermountain Power 500 kV transmission line LADWP N-10683 Project Direct Current Line (IPP DC Line)
Crystal-Moapa 500 kV 500 kV transmission line Moapa Southern Paiute N-89176 line Solar, LLC (f/k/a K Road Moapa Solar LLC); City of Los Angeles
One Nevada 500 kV transmission line NV Energy; LS Power N-82076 Transmission Line Project (ON Line Project)
Harry Allen to Eldorado 500 kV transmission line 1 NV Energy; LS Power N-86359 500 kV Transmission Line subsidiary of DesertLink Project (formerly known as the Southern Nevada Intertie Project [SNIP])
Crystal Transmission 230kV/500 kV NV Energy N-92319 Project transmission lines
Harry Allen to Mead 500 kV transmission line NV Energy (formerly N-76327 500 kV Transmission Line Nevada Power Company)
TransWest Express 600 kV transmission line 1 TransWest Express LLC N-86732 Transmission Project
-- Underground telephone CenturyLink, Inc. N-57781 line
Interstate 15 Interstate highway Nevada Department of NEV-0045278 Transportation
State Route 40 Roadway BLM Road N/A
Route 167 Roadway BLM Road N/A
Valley of Fire Road Roadway BLM/County Road N/A
Old Spanish Trail Road Roadway BLM Road N/A
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Type of ROW Name Authorization Owner/Applicant BLM Serial Number
Bitter Springs Back Roadway BLM/County Road N/A Country Byway
Union Pacific Railroad Railroad Union Pacific CC-360
Note: 1. Approved for construction and operation.
Source: (Fidelity National Title Group, 2018; HERServices, 2018)
The approved TransWest Express Project would involve installation of a 600 kV transmission line along the Black Mountain – Crystal utility corridor, with construction scheduled for 2020 through 2023. The approved Harry Allen to Eldorado 500 kV Transmission Line Project would involve installation of a 500 kV transmission line, scheduled to be in service by 2020. No active or pending mining claims are located within the ROW application area (EnviroMINE, Inc., 2018).
The land in the Project area is designated by the BLM as “No Surface Occupancy” for oil and gas leases, which restricts the use of surface equipment for material extraction. Oil and gas extraction may be possible in these areas only through horizontal directional drilling or similar techniques from areas without a “No Surface Occupancy” designation. No such drilling and extraction activities are known to occur in the surrounding area. The oil and gas leases in the Project area are closed (EnviroMINE, Inc., 2018). Affected sections where the closed oil and gas leases are located are identified on Figure 3.
2.4.2 Transportation Corridors, Roads, and Highways This report addresses transportation corridors including roads and highways that provide public access to land use features and railroads. Additional information on traffic and transportation can be found in the Transportation and Traffic Technical Report (EPD Solutions, Inc., 2019).
I‐15 is a major transportation corridor located north and west of the proposed solar development area and south of Crystal Substation, as shown in Figure 4. I‐15 runs roughly north to south through the western United States and serves as the most direct highway between Salt Lake City, Las Vegas, and Los Angeles. A Union Pacific railroad runs roughly parallel to I‐15 in the Project area (refer to Figure 4).
Valley of Fire Road is a paved two‐lane road that provides access from I‐15 to Valley of Fire State Park located approximately 10 miles (16 kilometers) southeast of the Project area. Valley of Fire Road passes through the proposed solar development area and provides access for visitors of Valley of Fire State Park. Bitter Springs Back Country Byway (BSBCB) (refer to Section 3.1.4) connects to Valley of Fire Road and serves as the primary access to recreational attractions located in the Muddy Mountains south of the Project area.
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Figure 3 Land Use Authorizations in the Project Area
Sources: (Louis Berger Group, 2018; USGS, 2013; USGS and NGTOC, 2017; BLM, 2018; BLM, 2010a; BLM, 2014; EnviroMINE, Inc., 2018)
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Figure 4 Corridors in the Project Area
Sources: (Louis Berger Group, 2018; USGS, 2013; USGS and NGTOC, 2017; BLM, 2018; BLM, 2010c; BLM, 1998a)
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Old Spanish Trail Road, a rough unpaved road, travels through the Project area from Ute Road to the northeast and into the Muddy Mountains to the southwest, as shown in Figure 4. A portion of Old Spanish Trail Road north of the Project area passes through the Moapa River Indian Reservation and is not open to the public; otherwise the road serves as an off‐highway vehicle (OHV) corridor from Valley of Fire Road to the Nellis Dunes area, located roughly 15 miles (24 kilometers) southwest of Valley of Fire Road.
A network of unpaved roads is located within the Project area that connect to Valley of Fire Road, BSBCB, and Old Spanish Trail Road. These roads primarily support recreational uses; they provide public access for existing land uses and recreation opportunities. Public access to existing land uses and recreation in the Project area is addressed in Sections three and six of this report.
2.4.3 Energy and Utility Corridors Several existing energy and utility corridors are located in the greater Project area; three are within the Project area, including Crystal Substation and two linear corridors (DOE and BLM, 2008). The 2,000‐foot‐wide BLM‐designated Black Mountain – Crystal utility corridor passes through the Project area just east of Crystal Substation (refer to Figure 4). Several existing and proposed transmission lines are located within the Black Mountain – Crystal utility corridor, as shown in Figure 3 and detailed in Table 1.
COC 39‐113, a 3,500‐foot‐wide Section 368 energy corridor, passes through the southern portion of the Project area and over portions of development areas D and E (refer to Figure 4). The portion of COC 39‐113 in the Project area is currently undeveloped and no utilities are currently proposed in this portion of the corridor.
2.4.4 Solar Energy Program Designations The Project area is primarily located in solar development “variance” areas; however, small portions of the development areas are located in “exclusion” areas (refer to Figure 4). The exclusion area between development areas A, B1, B, and G was designated in the Solar PEIS to protect a former alignment of the Congressionally designated Old Spanish National Historic Trail, which has since been realigned in the Old Spanish Trail Comprehensive Administrative Strategy (BLM and NPS, 2017). As stated previously, the Solar Energy Program designations do not apply to the Project because the application was filed in 2008 before publication of the Supplement to the Draft Solar PEIS in 2011.
The Dry Lake SEZ is located approximately 4 miles (6 kilometers) east of the Project area, between I‐15 and Harry Allen Substation (refer to Figure 4).
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2.5 POTENTIAL EFFECTS AND RECOMMENDATIONS
2.5.1 Land Use Authorizations According to the preliminary title report, there are existing land use authorizations in the Project area, as detailed in Table 1 (Fidelity National Title Group, 2018). Some other minor land use authorizations not identified in the table, may exist in the area. Sections that may be affected by authorizations identified in the preliminary title report are located in or adjacent to development areas A, B, C, D, E, B1, and F and along the northern and southern gen‐tie routes (refer to Figure 3). The Project could impact existing authorizations if it conflicts with activities authorized in the ROW or lease. As described above, closed oil and gas leases were identified in the Project area (refer to Figure 3). Adverse effects would not occur.
The northern gen‐tie line would cross the underground telephone cable ROW parallel to I‐15 (refer to Figure 3). No signs of the underground cable were observed during the Phase I land survey; however, presence or absence of any underground cable was not verified in the field (HERServices, 2018). Therefore, it is assumed that an underground cable may be present in the ROW. To avoid adverse effects to the cables, the following recommendation should be implemented:
Prior to construction within the ROW, the Applicant should coordinate with CenturyLink to identify the location of any underground cables to ensure the cables are not inadvertently damaged during construction of the gen‐tie line along the northern route. The gen‐tie lines, access roads, and staging areas would cross several existing and proposed transmission line ROWs shown in Figure 4. The Project’s gen‐tie lines have the potential to conflict with existing and proposed transmission lines, as they must cross each other (Smith & Albert, 2018). Construction of the approved transmission projects and the Project could also conflict due to potentially overlapping construction schedules. Recommendations to minimize conflicts with existing and approved transmission lines include: Coordination should occur with transmission line holders/applicants (e.g., TransWest Express, LLC, LADWP, and NV Energy) to identify potential conflicts between the applicable transmission line and Project gen‐tie lines; Facility adjustments should be incorporated into final design and engineering plans through a cooperative engineering agreement to avoid any conflicts, such as adjusting the locations or heights of conductor and support structures including towers, or evaluating other means of the Project’s gen‐tie lines crossing existing transmission line ROWs; and Construction activities should be scheduled with the appropriate holder/applicant (e.g., TransWest Express, LLC, NV Energy, and LS Power) in overlapping ROW areas to minimize disruption to construction activities.
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2.5.2 Transportation Corridors The Project would temporarily impact transportation corridors where the 230 kV and 500 kV gen‐tie lines would cross I‐15 and a Union Pacific railroad before entering Crystal Substation, and Valley of Fire Road. The Project’s POD (Solar Partners, XI, LLC, 2017) identifies three gen‐ tie lines connecting the three substations in development areas A and B to Crystal Substation (refer to Sources:
Figure 2). The routing of the gen‐tie lines has not been finalized and would be determined prior to construction during Project final engineering. All three lines would cross I‐15 and the railroad perpendicularly at approximately the same location west of development area A (refer to Figure 4). Support structures for the lines would be installed outside of the highway and railroad corridor, and suspended conductor would not impede travel; however, brief closures of I‐15 and the railroad are expected during construction (installation) and decommissioning (removal) of the overhead conductor that crosses the corridors, which are necessary for safety purposes when installing/removing temporary guard structures and during specific periods of the conductor stringing process. Temporary closures of I‐15 and the railroad would be coordinated with the Nevada Department of Transportation (NDOT) and Union Pacific, respectively. The necessary encroachment permits, and authorizations would be obtained prior to any work within the ROWs. Vehicle traffic on I‐15 would be managed according to NDOT encroachment permit requirements and the Transportation and Traffic Impact Report (EPD Solutions, Inc., 2019). Adverse effects on existing transportation corridors are not anticipated since the Applicant would be required under law to obtain the appropriate permissions, approvals, and permits to cross the transportation corridors.
2.5.3 Energy and Utility Corridors The Project has the potential to impact energy and utility corridors where the 230 kV and 500 kV gen‐tie lines would cross the Black Mountain – Crystal utility corridor before entering Crystal Substation, and where solar panels would be installed in approximately 375 acres (152 hectares) of development area D, and 3 acres (1.2 hectares) of development area E where a Section 368 Energy COC (39‐113) is located (refer to Figure 4). Potential impacts on the energy and utility corridors include: Conflict with existing transmission lines installed in the corridors; and Creation of an incompatible use that would prevent future development in the corridors.
All three gen‐tie lines would cross the Black Mountain – Crystal utility corridor immediately east of Crystal Substation and several existing and proposed transmission lines (refer to Figure 4). The gen‐tie lines would be installed to comply with local and federal guidelines for transmission line separation to ensure there would be no conflicts with the existing infrastructure within the corridor. The gen‐tie lines would cross the corridor but should not prevent future development within it. Any future development within the corridor would be required to comply with the same local transmission line separation distances as the Project. If the gen‐tie lines are installed above the existing transmission lines, it may be necessary to take
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the existing lines out of service during construction and decommissioning of the Project’s conductor. Power clearances would be coordinated with the line and system operators. The Applicant Proposed Action would not preclude further development within the utility corridor nor conflict with existing transmission lines. Adverse effects on the utility corridor are not anticipated.
The Project would involve installation of solar panels in development areas D and E within a portion of the currently undeveloped COC 39‐113 energy corridor (refer to Figure 4). Installing solar panels within the corridor could create an incompatible use preventing future development of energy infrastructure by occupying the space that would be needed for facilities and access. The following recommendations to address potential conflicts with the COC 39‐113 energy corridor were adapted from the proposed programmatic design features included in the Final Solar PEIS (BLM, 2012i): In coordination with the BLM, future transmission capacity in the corridor should be reviewed to determine whether the corridor should be excluded from solar development or whether the capacity of the designated corridor can be reduced In coordination with the BLM, options to partially relocate the corridor should be reviewed to retain the current planned capacity or to relocate the solar project outside the designated corridor
2.5.4 Solar Energy Program Designations The Project would not impact Solar Energy Program designations because, as stated previously, they do not apply to the Project because the application was filed in 2008 before publication of the Supplement to the Draft Solar PEIS in 2011.
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SPECIALLY DESIGNATED AREAS
3.1 REGULATORY BACKGROUND
3.1.1 Areas of Critical Environmental Concern An area of critical environmental concern (ACEC) is defined in FLPMA (Public Law 94‐579, Section 103[a]) as an area within public lands where special management attention is required to protect and prevent irreparable damage to important historic, cultural, or scenic values; fish and wildlife resources or other natural systems or processes; or to protect life and safety from natural hazards. BLM regulations for implementing the ACEC provisions of FLPMA are found at 43 CFR 1610.7‐2(b).
To be eligible for designation as an ACEC, an area must meet the relevance and importance criteria described in 43 CFR 1610.7‐2 and BLM Manual 1613, Areas of Critical Environmental Concern. Restrictions that arise from an ACEC designation are determined when the designation is made and are designed to protect the values or serve the purposes for which the designation was made. ACECs are protected by the provisions of 43 CFR 3809.1‐4(b)(3), which requires an approved plan of operations for activities (except casual use) under mining laws.
3.1.2 National Wildlife Refuges The National Wildlife Refuge System is the largest collection of lands and waters specifically managed for fish and wildlife conservation in the nation. The National Wildlife Refuge System is managed by the United States Fish and Wildlife Service (USFWS) for the benefit of fish, wildlife, plant resources, and their habitats, unlike other federal lands managed under a multiple use mandate, such as lands administered by the BLM and the USFS (USFWS, 2009).
The Desert National Wildlife Refuge Complex is located approximately 8 miles (13 kilometers) northwest of the Project area. The complex is comprised of four separate refuges, including Ash Meadows, Desert, Moapa Valley, and Pahranagat National Wildlife Refuges. In August 2009, the USFWS completed a Final Comprehensive Conservation Plan and EIS pursuant to the National Wildlife Refuge System Administration Act of 1966 and NEPA. The plan and EIS are programmatic documents that include an analysis of proposed management actions on a conceptual level, except in cases where sufficient information was available to provide project‐ specific analysis. Management actions addressed in the plan and EIS focus on restoration of and/or visitor services for the refuges.
3.1.3 National Trails The National Trails System Act of 1968 provides for the establishment of a system that includes recreational, scenic, and historic trails. A national historic trail must meet three criteria
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identified within the National Trails System Act. To qualify as a national historic trail, the trail must be a trail or route established by historic use and must be historically significant as a result of that use, the trail must be of national significance with respect to any of several broad facets of American history, and the trail must have significant potential for public recreational use or historical interest based on historic interpretation and appreciation. The purpose of a national historic trail is the identification and protection of the historic route and the historic remnants and artifacts for public use and enjoyment. A national historic trail is managed in a manner to protect the nationally significant resources, qualities, values, and associated settings of the areas through which such trails may pass, including the primary use or uses of the trail.
BLM Manuals 6250, 6280, and 8353 contain management policies, guidance, and procedures for BLM staff regarding National Scenic and Historic Trails, including conducting feasibility studies for potentially eligible trails (BLM, 2012c; BLM, 2012b; BLM, 2012h).
3.1.4 Scenic Byways A National Scenic Byway is a road recognized by the United States Department of Transportation (USDOT) for one or more of six intrinsic qualities, including archeological, cultural, historic, natural, recreational, and scenic. The National Scenic Byways Program is intended to recognize, preserve, and enhance such roads in the United States. National byways are designated by federal agencies, including the BLM (BLM Back Country Byways), the USFS (National Forest Scenic Byways), and the Federal Highway Administration (FHWA) (National Scenic Byways). States can also designate scenic byways, which is the first step towards designation of National Scenic Byways by the FHWA.
The BLM Back Country Byways Program was developed as a component of the National Scenic Byway Program. BLM scenic byways highlight the spectacular nature of western landscapes. BLM scenic byways complement the National Scenic Byway Program by focusing on scenic corridors along major primary and secondary highways. BLM Back Country Byways focus primarily on corridors along backcountry roads with high scenic, historic, archaeological, or other public interest values. The roads may vary in width from a single‐track bike trail to a low‐ speed, paved road that traverses backcountry areas, and access on the road may be year‐round or limited to a few months. BLM byways must go through a nomination and designation process. Byways are designated through adoption of an RMP or RMP amendment, or by completing a site‐specific environmental assessment.
The State of Nevada established a scenic byway program in 1983. The Nevada Department of Transportation is the primary agency responsible for the program, and its director has the authority to add new byways into the system.
3.1.5 Wild and Scenic Rivers Section 5(d)(1) of the Wild and Scenic Rivers Act directs federal agencies to consider the potential for national wild, scenic, and recreational river areas in all planning for the use and development of water and related resources. River segments are deemed eligible if they are
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free‐flowing and possess one or more outstandingly remarkable values, including scenic, recreational, geological, fish and wildlife, historical, cultural, or other river‐related values.
BLM Manual 6400 contains policies and guidance for the identification, evaluation, planning, and management of eligible and suitable wild and scenic rivers and the management of designated components of the National Wild and Scenic Rivers System (BLM, 2012a).
3.1.6 National Parks National parks are created by Congressional legislation or by the President, including the numerous other designations of the National Park System units (e.g., national monuments, preserves, historic sites, historical park, memorial, battlefield, cemetery, recreation area, seashore, lakeshore, river, parkway, trail, affiliated areas, and other designations). Additions to the National Park System are also generally made through acts of Congress or by the President, and national parks can only be created through such acts. The National Parks Service (NPS) manages units of the National Park System in accordance with the enacting legislation and applicable management policies.
3.1.7 State Parks Pursuant to Chapter 407 of the Nevada Revised Statues, the state of Nevada has the authority to designate state‐controlled land as a state park, monument, landmark, or recreational area based on their historic, cultural, scenic, or recreational values. The Nevada Division of State Parks manages the state park system.
3.1.8 Wilderness Areas Congress established the National Wilderness Preservation System to ensure that an increasing population, accompanied by expanding settlement and growing mechanization, does not occupy and modify all areas within the United States. Wilderness designation is intended to preserve and protect certain lands in their natural state. Only Congress, with presidential approval, may designate areas as wilderness. The Wilderness Act of 1964 defines wilderness characteristics, the uses of wilderness, and the activities prohibited within its boundaries. Wilderness areas are managed for public use and enjoyment in a manner that will leave them unimpaired for future use and enjoyment as wilderness, for their protection, and to preserve their wilderness character.
BLM Manual 6340 contains general policies for the administration and management of BLM Wilderness Areas designated by Congress (BLM, 2012g).
3.1.9 Wilderness Study Areas The FLPMA directs the BLM to inventory, study, and recommend the public lands under its administration that should be designated wilderness. BLM lands are inventoried for wilderness characteristics through evaluation of an area’s size, naturalness, outstanding opportunities for solitude, or primitive and unconfined recreation. The criteria used to identify these characteristics are based on the BLM Wilderness Inventory and Study Procedures Handbook.
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Lands that meet the criteria are designated as wilderness study areas. The BLM makes recommendations to Congress regarding which wilderness study areas, or which portions of the wilderness study areas, should be designated as wilderness. Congress then determines if the land within the wilderness study areas should be designated as wilderness or released for other purposes. Wilderness study areas are managed to preserve their wilderness values until Congress determines the designation.
BLM Manual 6330 contains procedures for managing wilderness study areas to ensure the Congressional mandate is met “so as not to impair the suitability of such areas for preservation as wilderness” (BLM, 2012f).
3.1.10 Lands with Wilderness Characteristics In accordance with Section 201 of the FLPMA, federal land management agencies are required to maintain a current inventory of land under its jurisdiction and identify lands with wilderness characteristics. A wilderness characteristics inventory is the process of determining the presence or absence of wilderness characteristics based on existing conditions. The inventory evaluates wilderness characteristics as defined in Section 2(c) of the Wilderness Act and incorporated in FLPMA. For an area to qualify as lands with wilderness characteristics, it must possess sufficient size, naturalness, and outstanding opportunities for either solitude or primitive and unconfined recreation, or other supplemental values. Lands found to have wilderness characteristics must be managed by the federal jurisdictional agency to affect, protect, or preserve all wilderness characteristics within those lands.
BLM Manual 6310 contains BLM’s policies and guidance for conducting wilderness characteristics inventories (BLM, 2012d). BLM Manual 6320 contains BLM’s policies and guidance for land use and planning decisions related to lands with wilderness characteristics (BLM, 2012e).
3.2 DATA SOURCES AND METHODOLOGY The BLM provided certain information for analysis purposes. In addition, the following data sources were reviewed for information on Specially Designated Areas: 1998 Final Las Vegas RMP (BLM, 1998c) 2012 Final Solar PEIS (DOE and BLM, 2012) 2009 Final Comprehensive Conservation Plan and Environmental Impact Statement for the Desert National Wildlife Refuge Complex (USFWS, 2009) 2017 Old Spanish National Historic Trail (OSNHT) Comprehensive Administrative Strategy and associated GIS data layer for the trail (BLM and NPS) Other BLM and NPS websites, maps, and GIS data layers
Spatial characteristics including proximities, areas, and lengths were determined through overlay of GIS data layers associated with the sources described above.
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3.3 ANALYSIS AREA The area of analysis for Specially Designated Areas is the extent of land that could be directly or indirectly affected. Direct effects would be limited to areas where land use designations or authorizations would change, where permanent features would be installed, or where land disturbance would occur during construction. The potential for indirect effects on land use characteristics of Specially Designated Areas would be limited to a few miles or less; however, Specially Designated Areas may have scenic values (visual resources), such as views of the surrounding landscape, that could be affected for a greater distance depending on topography (i.e., elevation, terrain, landcover, slope, aspect). Although effects on land use characteristics would be limited to a few miles or less, this technical report identifies Specially Designated Areas within 25 miles (40 kilometers) of the Project area to support the visual resource analysis presented in the Visual Resources Technical Report (Panorama Environmental, Inc., 2019a).
3.4 BASELINE DESCRIPTION
3.4.1 Areas of Critical Environmental Concern There are eight existing ACECs within 25 miles (40 kilometers) of the Project area (refer to Figure 5). The closest ACEC is Hidden Valley ACEC located approximately 3.3 miles (5.3 meters) southeast of the Project area. An overview of the key details regarding each ACEC are identified in Table 2.
The Arrow Canyon ACEC features a several mile‐long canyon with sheer walls that features prehistoric rock art. Significant paleontological resources can be found in this canyon as well. The geologic formations create topographic contrast with the surrounding desert.
The Coyote Springs ACEC contains a broad alluvial valley, which provides designated critical habitat for Mojave desert tortoise and habitat corridors between Mojave desert tortoise recovery units.
The Gold Butte Part A and Gold Butte Part B ACECs are isolated areas with rugged terrain and an extensive network of shallow washes and well‐developed springs. Aztec sandstorm formations found in Gold Butte Part A ACEC create outstanding contrast with the surrounding desert. The geologic formations found in Gold Butte Part B ACEC create topographic and color contrast with the surrounding desert and striking vistas. Historic and prehistoric features are located within both ACECs. Critical habitat for Mojave desert tortoise is located within Gold Butte Part A ACEC. Several special status wildlife species are supported by habitat in Gold Butte Part B ACEC including Mojave desert tortoise, Desert bighorn sheep, and Las Vegas bearpoppy.
The Hidden Valley ACEC encompasses a valley that contains prehistoric habitation sites and rock art.
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Figure 5 Specially Designated Areas within 25 miles of the Project Area
Sources: (Louis Berger Group, 2018; USGS, 2013; USGS and NGTOC, 2017; BLM, 2017; BLM and NPS, 2017; USGS, 2016; The National Map and USGS, 2017)
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The Mormon Mesa ACEC is an area with expansive bajadas and steep mountain ranges. Creosote‐bursage scrub and mixed Mojave shrub communities provide habitat for Mojave desert tortoise.
The Rainbow Gardens ACEC is an area with a scenic mountain and canyon landscape resulting in a unique visual contract not present elsewhere due to the colors and bed tilting. Geologic unconformity documenting sediment deposition events are found in this area. The ACEC is a regionally significant site for cultural values. Two special status plant species, Las Vegas buckwheat and Las Vegas bearpoppy, are endemic to this area. The remains of rarely found Pleistocene megafauna were recovered from Gypsum cave in this ACEC.
The River Mountains ACEC is an area with rough, rocky, and steep terrain broken up by canyons and washes that supports one of the highest density herds of bighorn sheep in southern Nevada. The ACEC has scenic and sensitive qualities but not more than locally significant compared to the other scenic values in the area.
Table 2 Areas of Critical Environmental Concern within 25 Miles of the Project Area
Name Total Area Relevant and Important Values Proximity (acres/hectares) (miles/kilometers)
Arrow Canyon 2,070/838 1 Paleontological, Scenic, Geological, 16.0/25.7 Cultural
Coyote Springs 51,528/20,853 Critical Tortoise Habitat 4.9/7.9
Gold Butte Part A 186,128/75,323 Critical Tortoise Habitat, Prehistoric 21.4/34.4 Habitation and Rock Art, Scenic
Gold Butte Part B 122,540/49,590 Cultural Resources, Scenic, Wildlife 22.1/35.6 Habitat, Sensitive Species
Hidden Valley 3,356/1,358 Scenic, Prehistoric Habitation and Rock Art 3.3/5.3
Mormon Mesa 150,488/60,900 Critical Tortoise Habitat 18.0/29.0
Rainbow Gardens 38,766/15,688 Geological, Scenic, Cultural, Sensitive 10.5/16.9 Plants
River Mountains 11,029/4,463 Bighorn Sheep Habitat, Scenic 20.1/32.3
1. 1,270 acres (514 hectares) overlap with Mormon Mesa ACEC.
3.4.2 National Wildlife Refuges The Desert National Wildlife Refuge Complex is located approximately 8 miles (13 kilometers) northwest of the Project area (refer to Figure 5). The complex is comprised of four separate refuges: Ash Meadows, Desert, Moapa Valley, and Pahranagat. Desert and Moapa Valley National Wildlife Refuges are the only complex refuges located within 25 miles (40 kilometers) of the Project area. At 1.6 million acres (0.6 million hectares), the Desert National Wildlife Refuge is the largest refuge in the continental United States and the largest protected area in Nevada (USFWS, 2009).
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Over 1.3 million acres (0.5 million hectares) of the refuge are designated as proposed wilderness and have been managed as de facto wilderness since 1974 (USFWS, 2013). The refuge encompasses six distinct mountain ranges within intervening valleys; provides habitat for large mammals, birds, reptiles, and several sensitive species; contains two National Register Districts (Corn Creek Campsite and Sheep Mountain) and numerous prehistoric and several historic archeological sites; and is known to contain paleontological resources dating back to the Pleistocene era (1.8 million to 10,000 years ago) (USFWS, 2009).The refuge also offers recreational opportunities, including primitive camping, picnicking, backpacking, hiking, wildlife observation, photography, and hunting (USFWS, 2009). The USFWS established five goals that provide guiding principles for the Desert National Wildlife Refuge, to: (1) maintain and restore bighorn sheep within the refuge, (2) maintain the existing native wildlife and plant diversity, (3) manage Specially Designated Areas within the refuge in a way that supports the refuge, (4) provide visitors opportunities, and (5) manage cultural resources within the refuge (USFWS, 2009).
Moapa Valley National Wildlife Refuge is located approximately 15 miles (24 kilometers) north of the Project area (refer to Figure 5). Moapa Valley National Wildlife Refuge is comprised of approximately 116 acres (47 hectares) of land situated along the Muddy River. It was established to secure habitat for the endangered Moapa dace, a small fish endemic to the headwaters of the Muddy River system. The refuge is part of a unique system of thermal springs that are part of the headwaters of the Muddy River. These springs provide riparian and aquatic habitats that support sensitive birds, bats, and fish, including the Moapa dace. The refuge includes a visitor center that is open to the public on a limited basis. The USFWS established two goals that provide guiding principles for the Moapa National Wildlife Refuge, to: (1) protect and restore endemic and special status species within the Muddy River headwaters, and (2) provide visitors opportunities (USFWS, 2009).
3.4.3 National Trails The only national trail in Southern Nevada is the OSNHT. The trail and its variants make up a 2,700‐mile (4,345‐kilometer) route that extends from Santa Fe, New Mexico, to Los Angeles, California, and passes through New Mexico, Colorado, Utah, Arizona, Nevada, and California. The trail extends 160 miles (257 kilometers) through southern Nevada. Following the Virgin River, the trail enters Nevada from Arizona near Mesquite, continues along the Virgin River corridor to the springs of the Muddy River near the town of Moapa. The route then stretches 50 miles (80 kilometers) to the southwest across a vast, waterless expanse between the springs at the Muddy River to Las Vegas and further into California (BLM and NPS, 2017).
The OSNHT was added to the National Trails System by Congress in December 2002. In June 2003, the Secretary of the Interior directed that administrative responsibility for the OSNHT be assigned jointly to the BLM and the NPS. In December 2017, the BLM and the NPS completed a trail‐wide Comprehensive Administrative Strategy for the OSNHT, which identifies trail resources to protect for public use and enjoyment pursuant to the National Trails System Act (Section 3[a][3]). According to recent mapping by the BLM and the NPS associated
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with the nationwide Comprehensive Administrative Strategy, the designated route of the trail’s Northern Segment bisects the Project area in a northeast to southwest direction (BLM and NPS, 2017) that generally follows a corridor through the project site along the California Wash (refer to Figure 5). The section of the trail that passes through the Project area, from the south up to Valley of Fire Road, is identified as the “California Crossing” High Potential Segment in the Comprehensive Administrative Strategy. No other High Potential Segments or Sites are located within 25 miles (40 kilometers). Detailed information about the OSNHT, including an analysis of potential effects conducted according to BLM Manual 6280 (BLM, 2012c), can be found in the Manual 6280 Inventory and Impacts Analysis for Old Spanish National Historic Trail (Panorama Environmental, Inc., 2019b).
3.4.4 Scenic Byways Three scenic byways are located within 25 miles (40 kilometers) of the Project area: BSBCB, Valley of Fire Road State Scenic Byway, and White Domes Road State Scenic Byway (refer to Figure 5).
BSBCB is a BLM‐designated scenic byway that includes approximately 24 miles (38 kilometers) of high‐clearance, four‐wheel drive roadway amid highly scenic geologic formations and abandoned historic mining sites. The BSBCB runs roughly north to south from Valley of Fire Road, passes through the Muddy Mountains, and meets Northshore Road in the Lake Mead National Recreation Area. In addition to scenic qualities, the BSBCB offers recreational opportunities that include exploring, hiking, bicycling, camping, hunting, nature study, OHV touring, and driving for pleasure.
Valley of Fire Road is designated as a State Scenic Byway within Valley of Fire State Park (refer to Figure 5). Also, within the park, White Domes Road (sometimes labeled as Mouse’s Tank Road) is designated as a State Scenic Byway. Both roads are paved two‐lane roads that have a high volume of traffic from park visitors. Valley of Fire Road and White Domes Road State Scenic Byways are approximately 10.5 and 5.7 miles (16.9 and 9.2 kilometers) long, respectively. The Project area (development area F) is approximately 6.3 miles (10.1 kilometers) from Valley of Fire Road State Scenic Byway and 9.4 (15.1 kilometers) miles from White Domes Road State Scenic Byway. The Project site is not visible from these State Scenic Byways due to intervening mountainous topography.
3.4.5 Wild and Scenic Rivers No designated Wild and Scenic Rivers are in Nevada (BLM, 2018a). The BLM has deemed seven river segments eligible in southern Nevada for further review and consideration for congressional designation into the national system. Three of the eligible rivers are located within 25 miles (40 kilometers) of the Project area to the northeast: Muddy River (20.4 miles [32.8 kilometers] long), Meadow Valley Wash (15.3 miles [24.6 kilometers] long), and Virgin River (21.6 miles [34.8 kilometers] long). The closest portions of these river segments are located approximately 12.2 miles (19.6 kilometers), 14.6 miles (23.5 kilometers), and 20 miles (32.2 kilometers) from the Project area, respectively (refer to Figure 5).
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3.4.6 National Parks There are two units of the National Park System within 25 miles (40 kilometers) of the Project area: Lake Mead National Recreation Area and Tule Springs Fossil Beds National Monument (refer to Figure 5).
Lake Mead National Recreation Area covers an expansive area (1.5 million acres [0.6 million hectares]) east, southeast, and south of the Project area. Its closest boundaries are located approximately 12.6 miles (20.2 kilometers) east and 11.6 (18.7) miles southeast. Lake Mead National Recreation Area provides numerous recreation opportunities, including camping, hiking, fishing, boating, and picnicking.
Tule Springs Fossil Beds National Monument is located approximately 19.5 miles (31.4 kilometers) southwest of the Project area. The monument was established to protect Ice Age paleontological artifacts and rare Las Vegas bearpoppy flowers. The monument is approximately 22,631 acres (9,158 hectares) in size.
3.4.7 State Parks Valley of Fire State Park is the only state park within 25 miles (40 kilometers) of the Project area. The park is located approximately 7.6 miles (12.2 kilometers) east of the Project area. The park is comprised of approximately 50,000 acres (20,234 hectares) of land. The western portion of the park includes a 3,912‐acre (1,583‐ hectare) BLM patent area; the rest of the land is owned by the state. Valley of Fire State Park attracts visitors seeking the park’s petroglyphs and geologic formations, which include its well‐known bright red Aztec sandstone outcrops that contrast with the gray and tan limestone mountains. The park supports recreation and other visitor activities, including hiking, camping, picnicking, and a visitor center.
Valley of Fire Road provides access to the park from the west via I‐15. The eastern end of the road starts at I‐15 less than 1 mile (1.6 kilometers) north of the proposed solar field, passes southeast through the proposed solar development area, and then heads east into the North Muddy Mountains and Valley of Fire State Park. Access to the park is also provided from the north, east, and south via State Routes 169 and 167 (Northshore Road).
Overton Wildlife Management Area (WMA) is located just east of Valley of Fire State Park and approximately 15 miles (24 kilometers) east of the Project area (refer to Figure 5). The state‐ owned WMA is approximately 13,457 acres (5,446 hectares) in size and hosts wildlife‐related recreation activities, including wildlife observation, horseback riding, photography, hiking, and educational activities (NDOW, n.d.). The Muddy River transects the western half of the WMA.
3.4.8 Wilderness Areas There are seven designated wilderness areas within 25 miles (40 kilometers) of the Project area (refer to Figure 5).
Muddy Mountains Wilderness is located approximately 3.0 miles (4.8 kilometers) south of the Project area. The wilderness area is comprised of 48,019 acres (19,433 hectares) of land jointly
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managed by the BLM and the NPS. Muddy Mountains Wilderness offers attractions to visitors similar to a park, including geologic formations (e.g., Bowl of Fire, Hidden Valley, Gale Hills, and Anniversary Narrows), 7 miles (11 kilometers) of designated trails, as well as petroglyphs and other cultural resources (BLM, 2018c). Access to Muddy Mountains Wilderness is provided from the north via Valley of Fire Road and BSBCB. Access is provided from the south via State Route 167 (Northshore Road).
Pinto Valley Wilderness (39,344 acres [15,922 hectares]) and Jimbilnan Wilderness (18,885 acres [7,642 hectares]) are located within the Lake Mead National Recreation Area approximately 14.0 and 15.0 miles (22.5 and 24.1 kilometers) southeast of the Project area, respectively. Both wilderness areas are managed by the NPS. Pinto Valley Wilderness is comprised of rugged hills and scenic valleys and contains Guardian Peak, one of the highest peaks in the area. Jimbilnan Wilderness contains mountainous terrain representing the northeast features of the Black Mountains.
Lime Canyon Wilderness (23,697 acres [9,590 hectares]) is located approximately 23.5 miles (37.8 kilometers) east of the Project area. Lime Canyon Wilderness is dominated by parallel ridges that run north‐south through the area and are cut by the narrow and scenic Lime Canyon. It is managed by the BLM.
Arrow Canyon Wilderness is located approximately 6.7 miles (10.8 kilometers) north of the Project area. The wilderness area is comprised of 27,530 acres (11,141 hectares) of land that borders the eastern side of the Desert National Wildlife Refuge Complex. It is managed by the BLM. Arrow Canyon Wilderness offers distinct geologic formations, including the craggy Arrow Canyon Range, wide valleys, and deep canyons; rock climbing opportunities; and features petroglyphs on the rock walls of Pahranagat Wash (BLM, 2018b). Four‐wheel drive roads and trails provide access to peaks in the wilderness area via US‐93 and State Route 168.
Mormon Mountain Wilderness (157,167 acres [63,603 hectares]) and Meadow Valley Range Wilderness (124,765 acres [50,491 hectares]) are located approximately 20.7 and 23.1 miles (33.3 and 37.2 kilometers) north of the Project area, respectively. Both wilderness areas are managed by the BLM and provide a range of scenic desert landscapes and recreation opportunities.
3.4.9 Wilderness Study Areas The only eligible land within 25 miles (40 kilometers) of the Project area that may qualify as a wilderness study area is within the USFWS‐managed Desert National Wildlife Refuge. Over 1.3 million acres (0.5 million hectares) of the refuge is designated as proposed wilderness and has been managed as “de facto wilderness” since 1974 (USFWS, 2013).
3.4.10 Lands with Wilderness Characteristics The most recent inventory of lands with wilderness characteristics in Southern Nevada was completed by the BLM in 2010 and 2011. Lands within 25 miles (kilometers) of the Project area
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that meet the criteria for lands with wilderness characteristics are shown on Figure 5. These areas include: Arrow Canyon Addition, Subunit B (5,773 acres [2,336 hectares]; 16.4 miles [26.4 kilometers] north of the development area B) Black Ridge (14,430 acres [5,840 hectares]; 21.9 miles [35.2 kilometers] east of development area F) Lime Canyon Addition, Subunits A and B (11,920 acres [4,824 hectares]; 23.3 miles [37.5 kilometers] east of development area F and 23.4 miles southeast of development area D) Muddy Mountains Addition, Subunits A through F (36,671 acres [14,840 hectares]; 0.9 mile [1.4 kilometers] southeast of development area D) Whitney Pockets West (15,128 acres [6,122 hectares]; 22.5 miles [36.2 kilometers] east of development area F)
Based on the BLM’s inventory, the closest lands to the Project with wilderness characteristics are surrounded by the Muddy Mountains Wilderness Area (Figure 5). The fact that the Project area was not assigned this designation means the BLM determined the land was not of sufficient size, naturalness, and outstanding opportunities for either solitude or primitive and unconfined recreation, or other supplemental values to qualify as Lands with Wilderness Characteristics.
3.5 POTENTIAL EFFECTS AND RECOMMENDATIONS
3.5.1 Direct Effects Specially Designated Areas identified within 25 miles (kilometers) of the Project area include both boundary‐based features (i.e., parks and conservation areas) as well as linear features (i.e., national trails, byways, and wild and scenic rivers). Two linear features are located within the Project area, including the OSNHT and BSBCB. All other Specially Designated Areas are sufficiently separated from the Project area to avoid direct impacts or adverse effects.
The Congressionally‐designated route of the OSNHT passes through the Project area. The trail follows the California Wash in the Project area (refer to Figure 5). An inventory and impact analysis were completed for the portion of the trail in the Project area following the procedures described in BLM Manual 6280 (BLM, 2012c). Results of this analysis are provided in the Manual 6280 Inventory and Impacts Analysis for Old Spanish National Historic Trail (Panorama Environmental, Inc., 2019b). National trail characteristics addressed in the document include the nature and purpose of the trail, visual resources, historic and cultural resources, natural resources, and recreation and travel management opportunities. The Project would not have direct effects on the OSNHT as the trail would remain open through the Project area, but could have adverse indirect visual impacts as described in the Manual 6280 Inventory and Impacts Analysis for Old Spanish National Historic Trail (Panorama Environmental, Inc., 2019b). The Project not would have any direct effects on BSBCB as it would not block or alter the byway.
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3.5.2 Indirect Effects
3.5.2.1 Public Access and Traffic Valley of Fire Road, a two‐lane paved road, serves as an important public access corridor from I‐15 to Valley of Fire State Park located east of the Project area and BSBCB, and the Muddy Mountains located south of the Project area (refer to Figure 5). Valley of Fire Road would be used as the primary access point during all phases of the Project. The road would remain open to the public at all times; however, the Project would increase traffic on the road between I‐15 and development areas from worker vehicles and haul trucks. Substantial traffic increases on Valley of Fire Road could temporarily affect public access to Specially Designated Areas by causing traffic delays. Potential direct impacts to public access are discussed under recreation (Section 6.5).
Traffic and transportation impacts are addressed in detail in the Transportation and Traffic Technical Report (EPD Solutions, Inc., 2019). The increase in vehicle traffic during construction and decommissioning would be substantial due to the high level of workers and haul trips that would be involved. Temporary but significant traffic delays may occur during these high activity periods from vehicle congestion and traffic control requirements. The increase in vehicle traffic during operations and maintenance could also result in traffic delays; however, any delays are expected to be minor and infrequent. The Transportation and Traffic Technical Report (EPD Solutions, Inc., 2019) includes recommendations to minimize impacts on traffic and transportation during construction, operations and maintenance, and decommissioning, such as implementing traffic control measures to reduce congestion and delays. Implementation of the recommendations in the Transportation and Traffic Technical Report would minimize adverse effects to public access to the surrounding Specially Designated Areas.
3.5.2.2 OSNHT and BSBCB The Project would have unavoidable impacts on the visual character of the Congressionally‐ designated route of the OSNHT through the Project area. No historic evidence of the trail was found during intensive field surveys in the Project area and the Project would have no indirect (or direct) impact on any National Register of Historic Places‐eligible properties associated with the trail. The trail identified as the OSNHT in the Project area appears to be a secondary route that was only initially used, with the primary and more commonly used segment to the northwest of I‐15 and into the Dry Lake Valley. Refer to the Manual 6280 Inventory and Impacts Analysis for Old Spanish National Historic Trail (Panorama Environmental, Inc., 2019b) for additional description of effects conducted according to BLM Manual 6280 (BLM, 2012c) and recommendations.
The Project would also have some visual impacts on the BSBCB as it would be visible particularly at the end of the byway near development areas F and E, as well as from the byway coming out of the mountains. Indirect visual impacts would be adverse and unavoidable but would only impact a short portion of the byway experience. Refer to the Visual Resources
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Technical Report (Panorama Environmental, Inc., 2019a) for additional analysis and recommendations.
3.5.2.3 Other Specially Designated Areas Most of the Specially Designated Areas within 25 miles (40 kilometers) of the Project area are considered visually sensitive because they have designated aesthetic or cultural values, or they offer recreational users views of the surrounding landscape. The Project would involve developing a substantial portion of the natural desert landscape with solar panels, transmission facilities, and other facilities in an area that is currently undeveloped. Developing areas visible from Specially Designated Areas could degrade views from the features, which would be an adverse effect.
Visual resource impacts are addressed in detail in the Visual Resources Technical Report (Panorama Environmental, Inc., 2019a), including the estimates for which and how much of the Specially Designated Areas may have views of Project features. Recommendations to reduce adverse visual effects are provided in the Visual Resources Technical Report; however, some degree of visual impact is expected to be unavoidable.
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RANGELAND RESOURCES
4.1 REGULATORY BACKGROUND
4.1.1 Wild Horses and Burros The Wild Free‐Roaming Horse and Burro Act of 1971, and the 4700 series of the Code of Federal Regulations, require the BLM to protect wild horses and burros as well as manage herd populations and health in a manner to achieve certain objectives. The primary management efforts are focused on maintaining rangeland health in Herd Management Areas. The BLM uses Technical Reference 1743‐6, Interpreting Indicators of Rangeland Health, to qualitatively assess “the degree to which the integrity of the soil, vegetation, water, and air, as well as ecological processes of the rangeland ecosystem, are balanced and sustained” (Pellant, et al., 2018). This assessment, combined with qualitative monitoring, offer health indicators used to make herd management decisions.
4.1.2 Livestock Grazing The BLM has the authority to issue livestock grazing leases pursuant to the Section 302 of the FLPMA. The BLM makes grazing decisions (e.g., number of animals, kind of animals, and season of use) according to policies specified in area‐specific allotment management plans; however, grazing management policies in the planning area are addressed in the 1998 RMP as a result of the Range Rule of 1968. Under the 1998 RMP, many historically used allotments were closed because grazing became infeasible and several of the remaining open allotments have remained vacant to date. Of the remaining allotments, five are open and three are active. From 2011 to 2013, the BLM completed rangeland health assessments in conjunction with the BLM assessment inventory and monitoring of active, inactive, and selected closed allotments in the planning area.
4.2 DATA SOURCES AND METHODOLOGY The BLM provided certain information for analysis purposes. In addition, the 1998 Final Las Vegas RMP (BLM, 1998c) was reviewed for information on rangeland resources.
Spatial characteristics including proximities, areas, and lengths were determined through overlay of GIS data layers associated with the 1998 Final Las Vegas RMP.
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4.3 ANALYSIS AREA The area of analysis for rangeland resources is the extent of land that could be directly or indirectly affected by the Project. Direct effects would be limited to designated rangeland that could be disturbed or converted to incompatible uses. Potential indirect effects on rangeland resources would be limited to a few miles or less.
4.4 BASELINE DESCRIPTION The Project area is not located on land designated as rangeland resources, including herd management areas or livestock grazing allotments. A burro herd area is located approximately 3.5 miles (5.6 kilometers) south of the proposed solar development area in the Muddy Mountains. One open but inactive grazing allotment (Muddy River) and two closed grazing allotments (White Basin and Arrow Canyon) are located approximately 3.8 to 12.5 miles (6.1 to 20.1 kilometers) from the Project area.
4.5 POTENTIAL EFFECTS AND RECOMMENDATIONS The Project area is not located within nor near designated rangeland resources, including herd management areas or grazing allotments. The closest rangeland resources, a burro herd area in the Muddy Mountains and an inactive grazing allotment, are located more than 3 miles (4 kilometers) away. Adverse effects are not anticipated.
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MILITARY AND CIVILIAN AVIATION
5.1 REGULATORY BACKGROUND
5.1.1 Department of Defense The United States military and other government agencies use airspace for training and operations, some of which occurs at low altitudes (from 1,000 feet [305 meters] to as low as ground surface). These areas include military training routes (MTRs) and special use airspaces (SUAs), including military operations areas, which cover about 37 percent of federal land in the western United States. The specific locations and operational needs must be considered when siting utility‐scale solar energy facilities and related transmission facilities. Solar development in proximity to MTRs and SUAs requires consultation with the United States Department of Defense (DoD) during project planning to ensure that solar projects do not conflict with DoD activities (BLM, 2012i).
The Applicant has initiated consultation with planners at Nellis Air Force Base (AFB), the closest DoD facility to the Project site.
5.1.2 Federal Aviation Administration The Federal Aviation Administration (FAA), an agency that is part of the USDOT, is responsible for regulating civil aviation including the oversight of air traffic and aeronautical obstructions. All airports and navigable airspace not administered by DoD are under the jurisdiction of the FAA. Title 14 Section 77.13 states that an aviation obstruction may be created if any equipment is positioned such that it would be more than 200 feet (61 meters) above the ground level (e.g., poles, towers, or suspended cables) or exceeds an imaginary surface extending outward and upward from applicable airport runways at the following slopes: 100:1 within 20,000 feet (60,960 meters), 50:1 within 10,000 feet (3,048 meters), and 25:1 within 5,000 feet (1,524 meters). If these height thresholds would be exceeded, the FAA must be notified by filing a Notice of Proposed Construction or Alteration. The FAA would then conduct an aeronautical study under the provisions of 49 USC, Section 44718 and, if applicable, Title 14 of the Code of Federal Regulations, Part 77. If an aviation obstruction is identified, FAA may require that the obstruction is marked or lit according to Advisory Circular 70/7460‐1L (FAA, 2016).
5.1.3 Bureau of Land Management Meteorological or power towers or other tall structures could pose a hazard to air navigation (including DoD training and operations). The BLM must coordinate with the FAA and DoD regarding structures that could pose a hazard to air navigation, with permits approved prior to ROD signature and before a Notice to Proceed to construct the Project can be given. FAA and
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DoD must ensure that the locations of these facilities are noted on aerial navigation hazard maps for low‐level flight operations that may be undertaken by the BLM and other federal or state agencies for fire operations, wild horse and burro censuses and gathers, wildlife inventories, facility maintenance, or other activities (BLM, 2012i). BLM Manual 9400 contains aviation management policies and guidance relevant to BLM operations (BLM, 2008).
5.1.4 Nevada and Clark County Decisions regarding the location of solar facilities and transmission facilities near civilian airports (public and private use) should be coordinated with civilian airspace managers very early in the processing of solar project applications, in order to identify and mitigate potential impacts on civilian airport and airspace use. Local airport planning and regulatory oversight in the Project area is managed by the Nevada Department of Transportation, Aviation Section, and the Clark County Department of Aviation.
5.2 DATA SOURCES AND METHODOLOGY The following data sources were reviewed for information on military and civil aviation: 2012 Final Solar PEIS (BLM) Draft EIS for the Moapa Solar Energy Center (BIA, BLM, EPA, and NPS, 2013) GIS data layers for airspace and military training routes (FAA, 2015; FAA, 2018a; FAA, 2018a) GIS data layers for United States Airport Boundaries (Esri, 2010, 2011, 2016)
Spatial characteristics including proximities, areas, and lengths were determined through overlay of GIS data layers associated with the sources described above.
5.3 ANALYSIS AREA The approach to analysis described in the Draft Solar PEIS for military and civil aviation states a 25‐mile (40 kilometers) buffer distance from SEZs was used to identify potential affects to military or civilian aviation; however, all military and civil airfields were identified and considered (BLM, 2010b). The analysis area identified in the Moapa Solar Energy Center EIS for military and civil aviation is 50 miles (80 kilometers) (BIA, BLM, EPA, and NPS, 2013). The same 50‐mile (80‐kilometer) area of analysis was used to describe baseline conditions for the Project area, which is located approximately 1.5 miles (2.4 kilometers) south of the Moapa Solar Project.
5.4 BASELINE DESCRIPTION Figure 6 shows the locations of airports and airspace restrictions within 50 miles (80 kilometers) of the Project area. There are nine registered airports (including airfields) within 50 miles (80 kilometers) of the Project area (refer to Table 3). The Project area is not located within an airport sphere of influence or any restricted airspace or designated route.
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Figure 6 Registered Airports and Airspace Restrictions within 50 miles of the Project Area
Sources: (Louis Berger Group, 2018; USGS, 2013; Clark County Nevada GIS Management Office, 2018; USGS, 2012; TomTom North America, Inc., 2017; National Atlas and the USGS, 2017; FAA and AIS, 2015; FAA and AIS, 2018; FAA and AIS, 2018; NDOT, 2018)
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Table 3 Registered Airports within 50 miles of the Project Area
Name City Average Air Traffic Distance to Airport
Boulder City Boulder City, NV 274 flights per day; 70% air taxi, 20% 32 miles/51 kilometers Municipal Airport local general, and 10% transient south general
Creech AFB Indian Springs, NV 77 flights per week; 100% military 49 miles/79 kilometers west
Echo Bay Airport Overton, NV 42 flights per month; 100% private 16 miles/26 kilometers southeast
Henderson Las Vegas, NV 195 flights per day; 56% local 35 miles/56 kilometers Executive Airport general, 31% transient general, and southwest 14% air taxi
McCarran Mesquite, NV 1,399 flights per day; 70% 29 miles/47 kilometers International Airport commercial, 22% air taxi, and 6% southwest transient general
Mesquite Airport Las Vegas, NV 41 flights per day; 86% transient 44 miles/71 kilometers general and 13% local general northeast
Nellis AFB Las Vegas, NV 89 flights per day; 100% military 17 miles/27 kilometers southwest
North Las Vegas Moapa Valley, 384 flights per day; 53% local 25 miles/40 kilometers Airport NV general, 40% transient general, and southwest 7% air taxi
Perkins Field Airport Boulder City, NV 100 flights per week; majority local 17 miles/27 kilometers general southwest
Source: (BIA, BLM, EPA, and NPS, 2013; Esri, 2010, 2011, 2016) closest restricted military airspace is located approximately 17 miles (27 kilometers) southeast at Nellis AFB, one of thelargest fighter bases in the world, and roughly 28 miles (45 kilometers) west at the Nellis Air Force Range, a military training and testing facility. The closest military training route is located approximately 20 miles (32 kilometers) north of the Project area.
The BLM and other federal or state agencies conduct low‐level flights in the Project vicinity for fire operations, wild horse and burro censuses and gathers, wildlife inventories, facility maintenance, or other activities (BLM, 2012i). Aerial operations for resource management activities are not known to occur in the immediate Project area, nor are any aerial training activities. In the event of a wildland fire in the area, it is assumed that aerial firefighting operations could occur in the Project area below an altitude of 500 feet (152 meters) above ground level for the deployment of smokejumper crews, water and fire retardants, and miscellaneous para‐cargo (BLM, NPS, USFWS, BIA, and USFS, 2018).
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5.5 POTENTIAL EFFECTS AND RECOMMENDATIONS
5.5.1 Physical Penetration of Airspace The Project area is not located in proximity to any airport buffer zones, military training routes, or special use airspace. The closest military airspace is Nellis AFB located approximately 17 miles (27 kilometers) southwest, and MTRs and operations areas located approximately 20 miles (32 kilometers) north (refer to Figure 6). The closest civil airports are Echo Bay Airport and Perkins Airport located 16 and 17 miles (26 and 27 kilometers) to the southeast and east, respectively (refer to Figure 6). The Project would not conflict with military or civil airspace designations or military training routes due to these separation distances.
Tall structures generally greater than 200 feet (61 meters) aboveground have the potential to create airspace obstructions. The Project would involve installation of tall poles and/or towers and suspended conductor for the gen‐tie and collector lines. The tallest facilities within the solar development areas would be poles or towers for the collector lines, which would be up to 75 feet (23 meters) above ground level (AGL) or less. Poles or towers for the gen‐tie lines would generally be less than 200 feet (61 meters) AGL; although poles or towers may need to be taller than 200 feet (61 meters) where the conductor would cross the Union Pacific Railroad, I‐15, or transmission lines within the Black Mountain – Crystal utility corridor. The FAA has been notified of the Project and consultation has begun. If gen‐tie facilities would exceed 200 feet (61 meters) AGL, the FAA would be notified by filing a Notice of Proposed Construction or Alteration (FAA Form 7460‐1) as required by Title 14 Section 77.13. The FAA would then conduct an aeronautical study under the provisions of 49 USC, Section 44718 and, if applicable, Title 14 of the Code of Federal Regulations, Part 77. If an aviation obstruction is identified, the FAA may require that the obstruction is marked or lit according to Advisory Circular 70/7460‐ 1L (FAA, 2016). A determination by the FAA regarding the gen‐tie facilities would be made prior to publication of the ROD.
The BLM is responsible for coordinating with DoD and FAA regarding ROW authorizations for solar facilities to ensure tall structures are noted on aeronautical hazard maps for low‐level flight operations that may be undertaken by the BLM and other federal or state agencies (BLM, 2012i). Adverse impacts would be avoided through the appropriate coordination and planning requirements.
5.5.2 Aviation Emergencies An aviation emergency could occur in the Project area due to the presence of Nellis AFB and MTRs located approximately 20 miles (32 kilometers) from the Project area. During an aviation emergency, pilots operating aircraft in the vicinity of the Project may make an emergency ejection. Pilots could suffer injuries from colliding with solar and electrical facilities installed for the Project, and Project facilities could be damaged by falling aircraft, debris, or pilots during such aviation emergencies. No recommendations exist that could reduce the potentially adverse effects from an aviation emergency; however, the likelihood of such an event is extremely low.
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5.5.3 Glint and Glare Introducing reflective surfaces to an area has the potential to create new sources of glint and glare (referred to here as glare). Exposure to substantial glare can cause a brief loss of vision known as flash blindness (FAA, 2010; Transportation Research Board, 2011). Exposing pilots to substantial glare while operating aircraft could create an aviation hazard.
Solar projects have the potential to introduce new sources of glare; however, the amount of reflectivity varies greatly among solar technologies. Concentrated solar power technologies are generally highly reflective while PV panels that would be installed for the project are primarily absorptive. With anti‐reflective coatings, PV panels reflect as little as two percent of the incoming sunlight depending on the angle of the sun, which is roughly the same as water (FAA, 2010; Transportation Research Board, 2011). The Project area is not located adjacent to airports or SUAs. There are also currently PV facilities located adjacent to the Project area, including Dry Lake Solar (4 miles [6 kilometers] west) and Moapa Solar (1.5 miles [2.4 kilometers] north). PV panels installed for the Project would reflect a greater amount of specular light than the existing desert landscape; however, the amount of reflected light would not reach levels that would create an aviation hazard. Additional information on glint and glare is available in the Glint and Glare Study (Panorama Environmental, Inc., 2019c). Adverse effects would not occur.
5.5.4 Communication Systems Interference According to an FAA guide for solar development near airports, solar development could interfere with aviation communication systems by negatively impacting radar, navigational aids, and infrared instruments; however, this generally occurs only when objects are installed too close to antennas (less than 500 feet [152 meters]) or block transmission signals between aircraft or a remote location (FAA, 2010; Transportation Research Board, 2011). Project facilities would not be installed near aviation communication antennas or block transmission signals. Adverse effects are not anticipated.
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RECREATION
6.1 REGULATORY BACKGROUND Public lands provide a wide range of recreational opportunities that contribute to public enjoyment, sustainable management, socioeconomic values, and regional character. Three main categories of recreation activities are found on BLM‐administered lands: dispersed recreation, developed recreation, and special recreation permitting. OHV use is a major dispersed recreation activity on public lands in the Southern Nevada District planning area; other popular dispersed uses include hunting, hiking, bicycling, photography, automobile touring, backpacking, bird watching, target shooting, model rocket launching, camping, rock hounding, and visiting historical and archaeological sites. Developed recreation sites incorporate visitor use infrastructure such as roads, parking areas, and facilities to protect the resource and support recreational users in their pursuit of activities, experiences, and benefits. Special recreation permits (SRPs) are authorized by the Federal Lands 30 Recreation Enhancement Act of 2004: commercial, competitive, vending, individual or group use in special areas, and organized group activity and event use. SRPs may be issued for up to 10 years or less with annual renewal and are issued to manage visitor use, protect natural and cultural resources, and accommodate commercial recreational uses.
Recreation management areas are the BLM’s primary means of managing recreational use of public lands. Public lands are designated as a special recreation management area (SRMA) or extensive recreation management area (ERMA). SRMAs require a recreation investment where more intensive recreation management is needed and where recreation is a principal management objective. These areas often have high levels of recreation activity, contain valuable natural resources, or require recreational settings that need special management. ERMAs constitute all public lands outside SRMAs and are areas where recreation is non‐ specialized, dispersed, and does not require intensive management. Recreation may not be the primary management objective in these areas, and recreational activities are subject to few restrictions. Public lands that are not designated as a SRMA or ERMA are not emphasized for recreation but may offer recreation opportunities and are managed to allow recreation activities that are not in conflict with the primary uses of these lands. Recreation management areas, objectives, and actions in the Project area are identified in the 1998 Las Vegas RMP. Additional guidance since the 1998 RMP has also influenced recreation management areas and management decisions in the BLM planning area.
Public access is essential for recreation uses to function. Transportation and access management decisions are made to establish and maintain access; designate access that would not be in conflict with the primary uses; and to limit or restrict access that would be in conflict with the
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primary uses. Areas and routes are designated during the planning process in accordance with BLM regulations and include the following three management categories: Open: An area where all types of vehicle use are permitted at all times, anywhere within the designated “open” area. This refers to cross‐country travel both on and off roads. Limited: Areas where vehicle use is restricted at certain times, in certain areas, and/or to certain vehicular use to meet specific resource management objectives. These limitations may include limiting the number or types of vehicles; limiting the time or season of use; permitted, administrative, or licensed use only; use on existing roads and trails; and limiting use to designated roads and trails. Closed: Motorized vehicles are permanently or temporarily prohibited. The use of motorized vehicles in closed areas may be allowed for certain reasons; such use shall be made only with the approval of the BLM‐authorized officer.
6.2 DATA SOURCES AND METHODOLOGY The BLM provided certain information for analysis purposes. In addition, the following data sources were reviewed for information on recreation features and activities in the area of analysis: 1998 Final Las Vegas RMP (BLM, 1998c) Nevada State Parks Website Information on recreation activities in the Project area provided by BLM staff, including GIS data layers for OHV trails and race tracks and traffic counts for BSBCB (Leslie, Steve, 2018) Outreach with local associations and advocates Scoping comments regarding recreation and OHV (Panorama Environmental, Inc., 2018)
Spatial characteristics including proximities, areas, and lengths were determined through overlay of GIS data layers associated with the sources described above.
6.3 ANALYSIS AREA The area of analysis for recreation is the extent of land that could be directly affected by the Project, or where access to recreational opportunities could be directly or indirectly affected.
6.4 BASELINE DESCRIPTION The Project area is located almost entirely within the Southern Nevada ERMA, as shown in Figure 7 (an area where recreation is not emphasized). The distal portion of development area D (approximately 139 acres [56 hectares]) is in the Muddy Mountains SRMA. The Muddy Mountains SRMA otherwise does not overlap the Project but is adjacent to it.
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Figure 7 Recreation Management Areas within 25 miles of the Project Area
Sources: (Louis Berger Group, 2018; USGS, 2013; USGS and NGTOC, 2017; USGS, 2016; BLM, 2011)
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Existing recreational activities in the Project area are dispersed in nature, consisting of non‐ commercial, non‐competitive, and mostly motorized activities (Leslie, Steve, 2018). The most common recreation activities likely to occur in the Project area include various OHV uses, and potentially camping, hiking, and shooting. Recreationalists may travel through the Project area on their way to visiting various sites in the Muddy Mountains. In addition to the natural desert landscape, open land, and OHV opportunities, popular attractions that draw recreationalists to the area include features such as Valley of Fire State Park, one of Nevada’s most visited parks; the Muddy Mountains, including Muddy Mountains Wilderness Area, Hidden Valley ACEC, Muddy Peak, Buffington Pockets, Colorock Quarry; BSBCB; the OSNHT; and Lake Mead National Recreation Area. These features and other recreation attractions in the Project area are shown on Figure 7 and Figure 8.
The Congressionally‐designated route of the OSNHT, California Wash Segment, bisects the Project area in a northeast to southwest direction and generally parallel to the Old Spanish Trail Road. The trail is considered a Specially Designated Area and is addressed in Section 3.5.2.2. Detailed information about the OSNHT, including an analysis of potential effects conducted according to the BLM Manual 6280 (BLM, 2012c), can be found in Manual 6280 Inventory and Impacts Analysis for Old Spanish National Historic Trail (Panorama Environmental, Inc., 2019b).
OHV access in the Project area is designated as “Limited”; authorized access is limited to existing roads, trails, and dry washes. There are a number of existing roads and trails1 in the Project area that provide access to recreational opportunities in the Dry Lake Valley and Muddy Mountains area to the east and south. The primary means of accessing recreational opportunities in the Project area are provided by Valley of Fire Road via I‐15 to the north or via North Shore Road to the east. Valley of Fire Road is a two‐lane paved road that passes through the southern portion of Valley of Fire State Park. Access is also available to high‐clearance four‐ wheel‐drive vehicles from the south via BSBCB from Lake Mead National Recreation Area, and from the northeast and southwest via Old Spanish Trail Road. A network of existing two‐track and single‐track OHV routes connect to Valley of Fire Road, BSBCB, and Old Spanish Trail Road, some of which have official or unofficial names identified on maps, including State Route (SR) 40, Route 167, Arrowhead Trail, and Colorock Quarry Road.
1 The term trail is used generally in this document and is intended to mean an existing unmaintained dirt road capable of supporting one or more OHV activities, including motorcycles (single track) or ATV, buggies, or trucks (two track). No BLM‐designated trails are located in the Project area. Existing roads and trails in the Project area that are addressed in this document may not be officially recognized or authorized by BLM. The names of some road features were obtained from Google Maps, as no other road names could be found, such as for SR 40, Route 167, Colorock Quarry Road.
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Figure 8 Recreation Features and Access in the Project Area
Sources: (Esri, 2006; Esri, 2018; Esri, 2017; Leslie, Steve, 2018; BLM and NPS, 2017)
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These routes, as well as large channels associated with the California Wash drainage network, offer OHV and other dispersed opportunities. Staging and parking for recreation activities in the Project area are primarily located at or near the largest road intersections, including where Valley of Fire Road meets Arrowhead Trail, BSCBC, Old Spanish Trail Road; and where BSBCB meets Arrowhead Trail, Route 167, and Old Spanish Trail Road. Roads and OHV trails in the Project area are shown on Figure 8.
According to the BLM, no current active OHV race tracks or courses are located in the Project area (Leslie, Steve, 2018); however, races were held in the Project area in 2010 and 2011, including The Mint 400, a popular truck and buggy race held in the Las Vegas area on a semi‐ annual basis (Leslie, Steve, 2018; The Mint 400, 2018). Maps found online for the 2010 course show the race start and finish points were just south of the Moapa Paiute Travel Plaza off Valley of Fire Road, and sections of the course were located along portions of Old Spanish Trail Road, BSBCB, Route 167, a transmission line road that runs on the east side of the Dry Lake Range, and SR 40 (parallel to I‐15). Recent courses of The Mint 400 race have been located southwest of Las Vegas in Jean, roughly 60 miles (97 kilometers) from the Project area (The Mint 400, 2018). The nearest current active race tracts identified by the BLM are motorcycle race routes located northeast of the Project area; the closest of which is located approximately 1,600 feet (488 meters) east of development area F (Figure 8) (Leslie, Steve, 2018).
The BLM recently installed a traffic counter on BSBCB in December 2017 to collect data on recreational user counts. Traffic counts provided by the BLM recorded an average of nine trips per day and a projected annual total of 3,268 trips (Leslie, Steve, 2018). Traffic counts for BSBCB offer a perspective on the number of recreational users that visit the Project area, as it serves as the primary accessway from Valley of Fire Road to recreational opportunities to the south that are adjacent and similar to those in the Project area. Observed traffic levels on Valley of Fire Road are substantially greater than BSBCB because the road is paved and serves as the primary accessway to Valley of Fire State Park; however, most park visitors travel to and from the park and stay on the paved road.
6.5 POTENTIAL EFFECTS AND RECOMMENDATIONS
6.5.1 Direct Effects
6.5.1.1 Overview The Project would have direct effects on existing recreation opportunities within the solar development areas for the duration of facility operation until decommissioning. Public land used for dispersed recreation activities would be lost. Several existing roads and trails used for OHV activities, hiking, and biking would be closed or removed. Some direct access to Valley of Fire Road, I‐15, and BSBCB using more established routes such as Old Spanish Trail Road in development areas D, E, and F, Route 167 in development area D, and SR 40 in development areas A and B, would be eliminated (refer to Figure 8).
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6.5.1.2 Dispersed Recreational Use (Non-OHV) Approximately 7,100 acres (2,873 hectares) of land that is currently open to recreational use, including hiking, camping, and shooting, would be removed from use for a period of approximately 30 years. The loss would not be substantial as many other similar areas for these activities are available in the area and greater region. Almost the entire Project area is within an ERMA (all but 139 acres [56 hectares] within development area D). The 139 acres (56 hectares) in the SMRA is at the edge of the SRMA and would have minimal effects on the Muddy Mountains recreational uses. The Project, additionally, would only occupy approximately 16 percent of the application area. The remaining 37,000 acres (14,973 hectares) in the immediate area surrounding the solar development would remain open to public recreational use. Overall impacts on dispersed recreation would not be adverse.
6.5.1.3 Recreational Access (non-OHV) Dispersed recreation in the Project area could also be experienced by people traveling across the site to Valley of Fire Road, BSBCB, or even back to I‐15. Recreationalists may travel along Old Spanish Trail Road in development areas D, E, and F or Route 167 in development area D (refer to Figure 8). They likely turn on Valley of Fire Road to head to I‐15 or towards BSBCB or the Muddy Mountains and Valley of Fire State Park. Alternatively, recreationalists come from Valley of Fire Road or BSBCB and turn on Old Spanish Trail Road or Route 167 to head south. The Project would sever direct access along Old Spanish Trail Road through development areas D and E, cutting off access between Old Spanish Trail Road and Valley of Fire Road. The Project would also cut off access on Route 167 through development area D, where it connects to the BSBCB and Valley of Fire Road. If the solar field is constructed in development area F, Old Spanish Trail Road would terminate north of Valley of Fire Road to the Moapa River Indian Reservation boundary. Public access also terminates at the reservation boundary such that the road through this section is less likely to be used for recreational access. Route 40 connects Valley of Fire Road to a frontage road along I‐15 through development areas A and B. This road would be removed; however, it is not a major recreational access route. Some adverse effects on recreational access would occur. The following recommendation could reduce some of the adverse effects associated with reduced non‐OHV access across the Project site:
The Applicant should reroute hiker and motorists on Old Spanish Trail Road to either California Wash or the Arrowhead Trail through signage.
The detoured routes would be longer but would still provide for recreational access and would not sever access to recreationalists traveling to surrounding recreational opportunities along BSBCB, the Muddy Mountains, Valley of Fire State Park, or to I‐15.
6.5.1.4 OHV Use and Access The development of the solar facility would result in the loss of several currently accessible OHV single and two‐track trails (refer to Figure 8). The Project would not affect OHV routes, including routes approved for speed competitions, that are in the application area but are not in the area of proposed solar development. While other OHV tracks are available in the
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application area and in the greater Clark County area, OHV access is considered a diminishing resource. The effects would be unavoidable.
Access across single and two‐track areas that connect from the west side of the Project site near I‐15 to the east side would be severed. More developed, linear roads that may be used in the future for races like The Mint 400 (as was used over 8 years ago) would also be removed, including 3.6 miles (5.8 kilometers) of Old Spanish Trail Road and 0.6 mile (1.0 kilometer) of Route 167, which would provide impediments to the OHV recreational opportunities and uses in the areas surrounding the solar development area. Fire roads outside of the security fence perimeter around each solar array area and existing OHV single and two‐track trails would provide access connections for OHV around the Project development areas. Detoured OHV routes may be longer but would still provide for OHV access in the Project area. The following recommendation could reduce some of the adverse effects associated with reduced OHV access across the Project site:
The Applicant should work with OHV groups to identify suitable detours and access connections for OHV use around the Project development areas such as on fire roads, or should create new or maintain existing access (e.g., Old Spanish Trail Road and Route 167) through development areas B, D, and E, if feasible.
6.5.2 Indirect Effects As described for Specially Designated Areas, substantial traffic increases on Valley of Fire Road could temporarily affect public access to recreation opportunities in the Project area by causing traffic delays. Traffic and transportation impacts are addressed in detail in the Transportation and Traffic Technical Report (EPD Solutions, Inc., 2019). The increase in vehicle traffic during construction and decommissioning would be substantial due to the high level of workers and haul trips that would be involved. Temporary but significant traffic delays may occur during these high activity construction periods from vehicle congestion and traffic control requirements. The increase in vehicle traffic during operations and maintenance could also result in traffic delays; however, any delays are expected to be minor and infrequent.
The Transportation and Traffic Technical Report (EPD Solutions, Inc., 2019) includes recommendations to minimize impacts on traffic and transportation during construction, operations and maintenance, and decommissioning, such as implementing traffic control measures to reduce congestion and delays. Implementation of the recommendations in the Transportation and Traffic Technical Report would minimize adverse effects to public access to the surrounding recreation opportunities. Dispersed recreationalists in the Project area may be sensitive to visual contrast in the landscape. The Project would involve developing a substantial portion of the natural desert landscape with solar panels, transmission facilities, and other facilities in an area that is currently undeveloped. Developing areas visible from recreation features and roads in the Project area could degrade views that contribute to the recreational appeal of the area, which would be an adverse effect.
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Visual resource impacts are addressed in detail in the Visual Resources Technical Report (Panorama Environmental, Inc., 2019a), including information on views from recreational features in the Project area that could be affected by the installation of Project features. Recommendations to reduce adverse visual effects are provided in the Visual Resources Technical Report; however, some degree of indirect impacts on recreation from visual impacts is expected to be adverse and unavoidable.
Land Use and Corridor Report ● March 2019 6-9 7 REFERENCES
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