Eagle Crest Energy Gen-Tie and Water Pipeline Environmental Assessment and Proposed California Desert Conservation Area Plan Amendment BLM Case File No. CACA-054096 BLM-DOI-CA-D060-2016-0017-EA BUREAU OF LAND MANAGEMENT California Desert District 22835 Calle San Juan De Los Lagos Moreno Valley, CA 92553 April 2017 USDOI Bureau of Land Management April 2017Page 2 Eagle Crest Energy Gen-Tie and Water Pipeline EA and Proposed CDCA Plan Amendment United States Department of the Interior BUREAU OF LAND MANAGEMENT California Desert District 22835 Calle San Juan De Los Lagos Moreno Valley, CA 92553 April XX, 2017 Dear Reader: The U.S. Department of the Interior, Bureau of Land Management (BLM) has finalized the Environmental Assessment (EA) for the proposed right-of-way (ROW) and associated California Desert Conservation Area Plan (CDCA) Plan Amendment (PA) for the Eagle Crest Energy Gen- Tie and Water Supply Pipeline (Proposed Action), located in eastern Riverside County, California. The Proposed Action is part of a larger project, the Eagle Mountain Pumped Storage Project (FERC Project), licensed by the Federal Energy Regulatory Commission (FERC) in 2014. The BLM is issuing a Finding of No Significant Impact (FONSI) on the Proposed Action. The FERC Project would be located on approximately 1,150 acres of BLM-managed land and approximately 1,377 acres of private land. Of the 1,150 acres of BLM-managed land, 507 acres are in the 16-mile gen-tie line alignment; 154 acres are in the water supply pipeline alignment and other Proposed Action facilities outside the Central Project Area; and approximately 489 acres are lands within the Central Project Area of the hydropower project. FERC prepared an Environmental Impact Statement (EIS) for the entire FERC Project including the BLM-managed lands. The BLM prepared an EA in fulfillment of its separate responsibilities under the National Environmental Policy Act of 1969 (NEPA) and the Federal Land Policy Management Act of 1976 (FLPMA), and to address the CDCA Plan Amendment. The BLM is issuing an errata documenting revisions to the EA and associated CDCA PA. The EA will not be reprinted. Eagle Mountain Pumped Storage Hydroelectric Project The Eagle Mountain Pumped Storage Project (FERC Project) is licensed by the FERC pursuant to requirements of the Federal Power Act (FPA). Upon application for a FERC License, the federal land managed by BLM included within the FERC Project boundary was withdrawn under Section 24 of the FPA for the purposes of the FERC Project. Eagle Crest Energy Company (Eagle Crest) submitted an SF 299 “Application for the Transportation and Utility Systems and Facilities on Federal Lands” to BLM for a ROW for the gen-tie line on federal lands, a water supply pipeline, and for federal lands within the Central Project Area. USDOI Bureau of Land Management April 2017Page 3 Eagle Crest Energy Gen-Tie and Water Pipeline EA and Proposed CDCA Plan Amendment Portions of the FERC Project and Proposed Action are located on BLM-managed federal lands within the Desert Renewable Energy Conservation Plan (DRECP) area, which amended the CDCA in 2016. The gen-tie line and water supply pipeline routes approved in the FERC License are only partially within a designated corridor and therefore require a CDCA PA. The CDCA Plan, as amended, requires that newly proposed utilities that are not already located in an existing designated utility corridor be considered through the PA process. The Federal Energy Regulatory Commission’s Environmental Impact Statement for the Eagle Mountain Pumped Storage Project On January 30, 2012, FERC issued a Final EIS (FEIS) for the FERC Project. The FERC Project was licensed, as proposed and modified by FERC conditions, on June 19, 2014. After FERC issued the License for the hydropower project, the Department of Interior, Kaiser Eagle Mountain LLC, and the Desert Protection Society filed requests for rehearing of the License Order. Kaiser subsequently withdrew its request for rehearing. The remaining requests for rehearing were denied by FERC (FERC, “Order Denying Rehearing and Denying Stay,” October 15, 2015). FERC found, based on the information reviewed during the NEPA process, that the FEIS contained sufficient analysis and mitigation measures to support the licensing decision. FERC reaffirmed that the sources of information used to develop the EIS were adequate to support the NEPA process and FERC’s decision-making. In addition, FERC found that the required mitigation plans are enforceable License conditions, and can be modified as necessary to ensure adequate protection of the affected resources. This decision was not challenged. BLM participated in the FERC licensing process and filed comments on the Draft EIS and FEIS. On May 8, 2013, FERC staff held a public meeting in Palm Desert, California with BLM to discuss and resolve BLM’s comments on the FEIS and issues associated with land withdrawals under Section 24 of the FPA. A summary of the meeting is included in FERC’s public record for the proceeding, available at the FERC eLibrary (available using Internet Explorer) and the case file for this Proposed Action. BLM Jurisdiction The BLM and FERC each play a distinct, but related role in authorizing a nonfederal hydroelectric project on federal lands. Under the FPA, FERC has the sole authority to issue licenses for up to 50 years for the construction and operation of nonfederal hydroelectric developments. Under Section 24 of the FPA, FERC has the authority to withdraw or “reserve” federal lands for FPA purposes so that an application for a hydroelectric project results in automatic withdrawal of the land to preserve its use for power purposes. Pursuant to a 1992 amendment to FLPMA Title V, BLM has specific ROW permitting authority, not limited to reservations, over FPA projects on federal lands. BLM is authorized to grant, issue, or renew ROWs over, upon, under or through public lands. BLM’s permitting authority is limited to its USDOI Bureau of Land Management April 2017Page 4 Eagle Crest Energy Gen-Tie and Water Pipeline EA and Proposed CDCA Plan Amendment FLPMA ROW jurisdiction over the surface and subsurface resources on public lands. The BLM is not authorized to revisit FERC’s FPA licensing decision for the FERC Project. BLM Tiering to the FERC FEIS The FERC FEIS analyzed the Proposed Action on federal lands and made a decision to issue the License. The Council for Environmental Quality NEPA regulations, and the BLM’s NEPA Handbook encourage BLM to tier to existing NEPA documents to reduce redundant analysis and “…to narrow the scope of subsequent analysis, and focus on the issues that are ripe for decision- making” (BLM NEPA Handbook, H-1790-1, 2008, Section 5.2). As explained in BLM’s NEPA Handbook, “…tiering is using the coverage of general matters in broader NEPA documents in subsequent narrower NEPA documents” (NEPA Handbook, H-1790-1, 2008, Section 5.2.2). Further, “…an environmental assessment prepared in support of an individual proposed action can be tiered to a programmatic or other broader-scope environmental impact statement” (43 CFR 46.140(c)). BLM prepared this EA in support of its ROW and PA decisions, and it tiers to the entirety of a broader-scope FEIS. In the tiered document (EA), BLM focuses on those issues and mitigation measures specifically relevant to the narrower action (ROW Grant) but not analyzed in the larger document (FERC FEIS) in sufficient detail to support BLM’s ROW and PA decisions. Additionally, the BLM, National Park Service (NPS), and state agencies play a continuing consulting role with respect to the implementation and monitoring of mitigation measures through technical teams and consultation on resource protection plans. In addition to the FERC FEIS, BLM has also considered relevant information developed by the California State Water Resources Control Board in its formulation of water quality protection measures; issues raised by NPS in its request for rehearing; and has updated baseline information in the FERC FEIS. The BLM (and NPS) has also engaged in extensive review and consultation on FERC License-required resource protection plans, and biological and cultural issues related to the recently adopted DRECP. BLM has undertaken additional analyses and complied with other procedural responsibilities to include: • NHPA Section 106 Consultation. BLM completed its own NHPA Section 106 consultation process for the ROW and PA with interested Tribes and SHPO in August of 2015 which included a review of the existing HPMP and Programmatic Agreement with SHPO for the FERC-licensed project. • ESA Section 7 Consultation with USFWS. BLM, in an ESA Section 7 informal consultation process, consulted with the U.S. Fish and Wildlife Service (USFWS) on the requirements of the USFWS Biological Opinion (2012) for the FERC-licensed project. Consultation activities have included: USDOI Bureau of Land Management April 2017Page 5 Eagle Crest Energy Gen-Tie and Water Pipeline EA and Proposed CDCA Plan Amendment o A site tour of the Central Project Area was conducted with BLM staff, Eagle Crest, and USFWS, on April 13, 2016. o A detailed work plan for the desert tortoise surveys was developed in consultation and in agreement with BLM biologists, and USFWS. The work plan included a description of the survey methods, locations, and staff resumes of the proposed surveyors. The surveys covered areas of the Central Project Area both inside and outside the FERC Project boundary which could potentially be habitat for desert tortoise in order to take into consideration the unlikely, but possible, scenario of desert tortoises entering the FERC Project boundary from adjacent areas. The survey also included a re-survey of all BLM lands on the linear features of the Proposed Action. o The work plan for biological surveys for desert tortoise was implemented in May, 2016.