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Appendix H Public Comments and Responses to DEIS

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Appendix H Public Comments and Responses to DEIS APPENDIX H PUBLIC COMMENTS AND RESPONSES ON DRAFT ENVIRONMENTAL IMPACT STATEMENT According to NEPA, federal agencies are required to identify and formally respond to all substantive public comments. A standardized content analysis process was conducted to analyze the public comments on the Draft EIS. Each comment letter and email message received was read, analyzed and considered by BLM, Reclamation, and Western to ensure that all substantive comments were identified. In performing this analysis, the BLM, Reclamation, and Western relied on the Council on Environmental Quality’s regulations to determine what constituted a substantive comment. A substantive comment does one or more of the following: Questions, with a reasonable basis, the accuracy of the information and/or analysis in the EIS. Questions, with a reasonable basis, the adequacy of the information and/or analysis in the EIS. Presents reasonable alternatives other than those presented in the Draft EIS that meet the purpose and need of the proposed action and addresses significant issues. Questions, with a reasonable basis, the merits of an alternative or alternatives. Causes changes in or revisions to the proposed action. Questions, with a reasonable basis, the adequacy of the planning process itself. Thirty-seven individual comment letters and/or emails were submitted to the BLM during the 45-day comment period. Within the 37 comment letters, 322 comments were identified and addressed. Comments on the Draft EIS that failed to meet the above description were considered non-substantive because they expressed personal opinions or preferences that were not relevant to the adequacy or accuracy of the Draft EIS, or represented commentary regarding resource management unrelated to the Draft EIS. These comments did not provide specific information to assist the BLM and Reclamation in selecting the Preferred Alternative, did not suggest other alternatives, and did not take issue with methods used in the Draft EIS. Of the 322 comments, 21 were determined by BLM, Reclamation, and Western to be non-substantive in nature, as they were not relevant to the EIS scope, analysis, or process as stated in CFR 1503.4(c). Table H-1 provides a list of the commenters and their affiliations (if applicable). A systematic process was used for responding to comments to ensure all substantive comments were tracked and considered. The comments received on the Draft EIS are organized by agency (federal, state, county and local), organization or company, and individuals. Each comment within each letter is assigned a number, and each numbered comment received a response. The following pages provide copies of the coded letters and/or emails, with a side-by-side response to each coded comment. H-1 Table H-1 Commenters and Affiliations on the Proposed Mohave County Wind Farm Draft EIS Comment Comment Letter Commenter Affiliation Number(s) Federal Agencies Enrique Manzanilla, U.S. Environmental Protection Comments 1 Director Communities and Agency, Region IX through 50 Ecosystem Division Anne Ardillo, Lead Reviewer Bill Werner U.S. Department of Interior, U.S. Comments 51 Debra Bills Fish and Wildlife Service, Arizona through 63 Ecological Services Office William K. Dickinson, U.S. Department of Interior, Comments 64 Superintendent National Park Service, Lake Mead through 86 National Recreation Area State Agencies Linda Taunt, Arizona Department of Comments 87 Deputy Director Water Quality Environmental Quality through 94 Division Organization or Company Matt Clark, Defenders of Wildlife (email) Comment 95 Southwest Representative Ian Dowdy, AICP Arizona Wilderness Coalition Comments 96 Conservation Outreach Associate through 182 Sandy Bahr, Sierra Club – Grand Canyon Comments 96 Chapter Director Chapter through 182 John Shepard, Sonoran Institute Comments 96 Joint Signatories Senior Adviser through 182 on one letter Matt Clark, Defenders of Wildlife Comments 96 Southwest Representative through 182 Alex Daue, The Wilderness Society Comments 96 Renewable Energy Associate through 182 The Tucson Audubon Society Comments 96 through 182 Kevin Emmerich Basin and Range Watch Group Comments 183 Laura Cunningham through 234 Daniel J. Runyan, BP Wind Energy Comments 235 Vice President Business through 239 Development Lisa T. Belenky, Center for Biological Diversity Comments 240 Senior Attorney through 254 Dave Garello, Johnson Wind Tower Comment 255 Vice President Sales Leonard Mardian The Mardian Ranch Comment 256 Richard A. Zander, Zander Environmental LLC, Comment 257 Principal Representing SpiderPlow Services, Inc. Elno Roundy Colorado Mining Company, LLC Comment 258 Individuals Anonymous Comment 259 Dan Bastian Comments 260 Debbie Bastian and 261 H-2 Comment Comment Letter Commenter Affiliation Number(s) Judy Bundorf Comments 262 through 274 Sandra Burton Comments 275 through 278 Gloria J. Davidson Comment 279 Bill Eddy Comment 280 Chantal Eddy Comment 281 Andy Fiora Comment 282 William Gann Comment 283 Matthew T. Grider Comment 284 George Heilman Comments 285 Carol Heilman through 293 Steen Hillestrom Comments 294 through 297 Dennis Jablonski Comments 298 and 299 Dawn Lenza Comment 300 Aubrey Loucks Comments 301 through 303 Zenon Mocarski Comments 304 and 305 Jean Public Comments 306 through 309 Catherine Robertson Comment 310 Elno Roundy Comment 311 John Sandow Comment 312 Rick Sherwood Comments 313 through 319 Tom Treaccar Comment 320 Arthur J. Schlosser, Jr. Comments 321 and 322 H-3 This page intentionally left blank 3 LETTER UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION IX 75 Hawthorne Street San Francisco, CA 94105 JUN 1 8 2012 Ruben Sanchez Bureau of Land Management/Renewable Energy Coordination Office Arizona State Office One North Central A venue, Suite 800 Phoenix, AZ 85004-4427 Subject: Draft Environmental Impact Statement for the Mojave County Wind Farm Project (CEQ #20120120) Dear Mr. Sanchez: The U.S. Environmental Protection Agency (EPA) has reviewed the April2012 Draft Environmental Impact Statement for the proposed Mohave County Wind Farm Project, Mohave County, Arizona. Our review and comments are provided pursuant to the National Environmental Policy Act, the Council on Environmental Quality Regulations ( 40 CFR Parts 1500-1508), and our NEPA review authority under Section 309 of the Clean Air Act. EPA supports increasing the development of renewable energy resources, as recommended in the National Energy Policy Act of 2005, in an expeditious and well planned manner. Using renewable energy resources such as wind power can help the nation meet its energy requirements while reducing greenhouse gas emissions. We encourage BLM to apply its land management and regulatory authorities in a manner that will promote a long-term sustainable balance between available energy supplies, energy demand, and protection of ecosystems and human health. Based on our review of the DEIS and the updated estimate of impacts to jurisdictional waters described below, we have rated the action alternatives and the document as Environmental Concerns- Insufficient Information (EC-2). Please see the enclosed "Summary of EPA Rating Definitions." An "EC" signifies that EPA's review of the DEIS has identified. environmental impacts that should be avoided in order to fully protect the environment. Conective measures may require changes to the proposal or application of mitigation measures that can reduce the environmental impact. A "2" rating signifies that the DEIS does not contain sufficient information for EPA to fully assess environmental impacts that should be avoided in order to fully protect the environment. The DEIS states that it is possible that up to 74 miles (93.8 acres) of waters of the U.S. could be affected by construction of the project due to the construction of access roads, grading, and placement of foundations for turbines. We understand that BLM views this as an unlikely, worst case estimate and that, because the jurisdictional delineation of waters of the United States has 4 Letter Continued not been finalized, the actual likely full extent of impacts has not been determined. As a result of our discussions with BLM and the U.S Army Corps of Engineers, it was suggested by USACE that BP Wind Energy update its estimate of potential waters impacts, based on refinements to project elements that were not available at the time of publication of the Draft EIS. Subsequently, in a memo dated June 8, 2012 (Enclosed), BP Wind Energy described the two tier method that it employs in the development of wind projects, and indicated that the current conservative estimate of potential impacts to the waters of the U.S. would be reduced to between 14.34 acres and 14.95 acres for Alternative A, between 12.79 acres and 13.39 acres for Alternative B, and between 12.92 acres and 13.49 acres for Alternative C. In addition, with micrositing of project structures, the impacts are expected to be further reduced. This new information is helpful and encouraging, and we appreciate BLM' s responsiveness to our concerns regarding the magnitude of the potential impacts projected in the DEIS. It is unclear why this information was not included in the DEIS. We strongly recommend that, in the future, this sort of analysis be completed prior to the issuance of a DEJS, so that it can be incorporated into the document for public consideration during the comment period. EPA is also concerned with the potential impacts to air quality, biological resources, and cultural resources. We believe that alternatives may be available that could avoid or significantly reduce the proposed project's adverse impacts. In the enclosed detailed comments, we provide specific recommendations regarding analyses and documentation needed to assist in assessing potential significant impacts from the proposed Project, and for minimizing adverse impacts. We appreciate the opportunity to review this DEIS and are available to discuss our comments. Please send one hard copy and one CD ROM copy of the FEIS to the address above (mail code: CED-2) at the same time it is officially filed with our Washington D.C. Office. If you have any questions, please contact me at (415) 972-3843, or Anne Ardillo, the lead reviewer for this project.
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