[Federal Register Volume 85, Number 122 (Wednesday, June 24, 2020)]
[Notices]
[Pages 37925-37928]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-13625]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Project No. 14227-003]
Nevada Hydro, Inc.; Notice of Intent To Prepare an Environmental
Impact Statement and Soliciting Scoping Comments
Take notice that the following hydroelectric application has been
filed with the Federal Energy Regulatory Commission (FERC or
Commission) and is available for public inspection. Commission staff
has determined that this project qualifies as a Major Infrastructure
Project pursuant to the Memorandum of Understanding Implementing One
Federal Decision under Executive Order 13807, effective April 10, 2018.
Major Infrastructure Projects are defined as projects for which
multiple authorizations by federal agencies will be required and the
lead federal agency has determined that it will prepare an
Environmental Impact Statement (EIS) under the National Environmental
Policy Act, 42 U.S.C. 4321 et seq.
a. Type of Application: Major Unconstructed Project.
b. Project No.: P-14227-003.
c. Date filed: October 2, 2017.
d. Applicant: Nevada Hydro, Inc.
[[Page 37926]]
e. Name of Project: Lake Elsinore Advanced Pumped Storage (LEAPS)
Project.
f. Location: On Lake Elsinore and San Juan Creek near the city of
Lake Elsinore in Riverside and San Diego Counties, California. The
project would occupy about 845 acres of federal land administered by
the U.S. Forest Service.
g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791(a)-825(r).
h. Applicant Contact: Rexford Wait, Nevada Hydro Company, Inc.,
2416 Cades Way Vista, California (760) 599-1815.
i. FERC Contact: Kyle Olcott at (202) 502-8963; email_
[email protected].
j. U.S. Forest Service Contact: Scott Tangenberg at (858) 674-2983;
[email protected].
k. With this notice, we are soliciting comments on Commission
staff's Scoping Document 1 (SD1), issued June 18, 2020. Deadline for
filing scoping comments: August 17, 2020.
The Commission strongly encourages electronic filing. Please file
scoping comments using the Commission's eFiling system at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit brief
comments up to 6,000 characters, without prior registration, using the
eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You
must include your name and contact information at the end of your
comments. For assistance, please contact FERC Online Support at
[email protected], (866) 208-3676 (toll free), or (202) 502-
8659 (TTY). In lieu of electronic filing, please send a paper copy to:
Secretary, Federal Energy Regulatory Commission, 888 First Street NE,
Washington, DC 20426. The first page of any filing should include
docket number P-14227-003.
The Commission's Rules of Practice and Procedure require all
intervenors filing documents with the Commission to serve a copy of
that document on each person on the official service list for the
project. Further, if an intervenor files comments or documents with the
Commission relating to the merits of an issue that may affect the
responsibilities of a particular resource agency, they must also serve
a copy of the document on that resource agency.
l. This application is not ready for environmental analysis at this
time.
m. The proposed project would consist of the following: (1) A new
upper reservoir (Decker Canyon) having a 200-foot-high main dam and a
gross storage volume of 5,750 acre-feet, at a normal reservoir surface
elevation of 2,792 feet above mean sea level (msl); (2) a powerhouse
with two reversible pump-turbine units with a total installed capacity
of 500 megawatts; (3) the existing Lake Elsinore to be used as a lower
reservoir; (4) about 32 miles of 500-kilovolt transmission line
connecting the project to an existing transmission line owned by
Southern California Edison located north of the proposed project and to
an existing San Diego Gas & Electric Company transmission line located
to the south.
n. In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's website at http://www.ferc.gov using
the eLibrary link. Enter the docket number excluding the last three
digits in the docket number field to access the document. At this time,
the Commission has suspended access to the Commission's Public
Reference Room, due to the proclamation declaring a National Emergency
concerning the Novel Coronavirus Disease (COVID-19), issued by the
President on March 13, 2020. For assistance, contact FERC Online
Support.
o. You may also register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filings and issuances
related to this or other pending projects. For assistance, contact FERC
Online Support.
p. Scoping Process
Commission staff intends to prepare an EIS on the project in
accordance with the National Environmental Policy Act. The EIS will
consider both site-specific and cumulative environmental impacts and
reasonable alternatives to the proposed action. Due to restrictions on
mass gatherings related to COVID-19, Commission staff is unable to
conduct any on-site scoping meetings. Instead, we are soliciting
written comments, recommendations, and information on SD1.
Copies of SD1 outlining the subject areas to be addressed in the
EIS were distributed to the parties on the Commission's mailing list.
Copies of SD1 may be viewed on the web at http://www.ferc.gov using the
eLibrary link (see item n above). For assistance, call (866) 208-3676
or for TTY, (202) 502-8659.
Objectives
Commission staff requests written comments to assist us with our
environmental analysis of the proposed project. These purpose of these
written comments is to: (1) Obtain all available information,
especially quantifiable data, on the resources at issue; (2) encourage
statements from experts and the public on issues that should be
analyzed in the EIS, including viewpoints in opposition to, or in
support of, the staff's preliminary views; (3) determine the resource
issues to be addressed in the EIS; and (4) identify those issues that
require a detailed analysis, as well as those issues that do not
require a detailed analysis.
Procedures
Individuals, organizations, and agencies with environmental
expertise and concerns are encouraged to submit written comments and to
assist the staff in defining and clarifying the issues to be addressed
in the EIS.
Following issuance of the final EIS, the cooperating agencies will
issue subsequent decisions, determinations, permits, or authorizations
for the project in accordance with each individual agency's regulatory
requirements. As a cooperating agency under One Federal Decision,\1\
the U.S. Department of Agriculture (USDA), Forest Service will adopt
and use FERC's EIS to comply with the National Environmental Policy Act
and consider: (1) The issuance of Special Use Authorizations; and (2)
potential amendments to the 2005 Cleveland National Forest Land
Management Plan (LMP). The responsible official for forest plan
amendments is the Cleveland National Forest Supervisor. Accordingly,
this notice also serves to provide information on the Forest Service's
requirements and processes for the two actions listed above, including
opportunities for public comment.
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\1\ In accordance with Executive Order 13807 (Establishing
Discipline and Accountability in the Environmental Review and
Permitting Process for Infrastructure Projects), the project EIS
should include an adequate level of detail to inform agency
decisions pursuant to their specific statutory authority and
requirements and allow the Forest Service to issue project
authorizations in a timely manner (Section 5(b)(iii)). The Forest
Service will be a cooperating agency with FERC on the EIS.
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USDA Forest Service Requirements for Plan Amendments To Address
Deviations From Plan Standards
When a proposed project is inconsistent with the applicable LMP
components, the responsible official shall take one of the following
steps, subject to valid existing rights: (1) Modify the proposed
project or activity to make it consistent with the applicable plan
components; (2) Reject the proposal or terminate the project or
activity; (3) Amend the plan so that the project or activity will be
consistent with the plan as amended; or (4) Amend the plan
contemporaneously with the approval of the project or activity so that
[[Page 37927]]
the project or activity will be consistent with the plan as amended.
This amendment may be limited to apply only to the project or activity.
Based on the information provided in the project proposal, the
Cleveland National Forest anticipates that one or more project-specific
plan amendments will be needed to ensure consistency with the LMP. An
overview of the Forest Service's requirements for amending LMPs as well
as additional information regarding the proposed project-specific
amendments follow.
There is a requirement for public input at various stages,
starting with this notice initiating scoping. Specifically, the Forest
Service is seeking public input on issues and planning rule
requirements related to possible amendments to the Cleveland National
Forest LMP.
Project-specific amendment(s) are subject to the Forest
Service's pre-decisional administrative review process (36 CFR part
218, subparts A and B \2\).
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\2\ 36 CFR 219.59(b) (Use of other administrative review
processes).
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The standard 45-day public comment period for project-
specific amendment(s) (36 CFR 219.16 (a)(2)) would be combined with the
Notice of Availability for the draft EIS--a minimum 45-day comment
period is required on a draft EIS per the National Environmental Policy
Act (40 CFR 1506.10 (c)). Forest Service regulations allow the
combining of public notices (36 CFR 219.13(b)(2)).
Potential USDA Forest Service Project-Specific Plan Amendments
Due to uncertainties regarding the project design and potential
environmental effects, the Forest Service is providing its best
estimate of the potential plan components that would need to be
amended. The responsible official is also required to include
information about which substantive requirements of 36 CFR 219.8
through 219.11 are likely to be directly related to the amendment(s).
Although the exact project-specific amendment(s) cannot yet be
determined, Table 1 outlines the Forest Service's preliminary
assessment of applicable LMP standards (that may need project-specific
amendments) and the substantive requirements that may apply.
Table 1--Forest Service's Preliminary Review of Applicable Cleveland LMP
Standards & Potential Project-Specific Amendments
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Substantive requirements 36
LMP standard CFR 219.8 to 219.11 that
may apply
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Forest-Specific Design Criteria
Cleveland National Forest Standard 5-- 36 CFR 219.10 (a)(2); 36
Consolidate major transportation and CFR 219.10(a)(3).
utility corridors by co-locating
facilities and/or expanding existing
corridors.
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Aesthetic Management Standards and
Recreation
S9: Design management activities to meet 36 CFR 219.10(b)(1)(i).
the Scenic Integrity Objectives (SIOs)
shown on the Scenic Integrity Objectives
Map.
S10: Scenic Integrity Objectives will be ...........................
met with the following exceptions: Minor
adjustments not to exceed a drop of one
SIO level is allowable with the Forest
Supervisor's approval; Temporary drops of
more than one SIO level may be made during
and immediately following project
implementation providing they do not
exceed three years in duration.
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Fish and Wildlife Standards
S11: When occupied or suitable habitat for 36 CFR 219.9(a)(1); 36 CFR
a threatened, endangered, proposed, 219.9(a)(2).
candidate or sensitive (TEPCS) species is
present on an ongoing or proposed project
site, consider species guidance documents
(see Appendix H) to develop project-
specific or activity-specific design
criteria. This guidance is intended to
provide a range of possible conservation
measures that may be selectively applied
during site-specific planning to avoid,
minimize or mitigate negative long-term
effects on threatened, endangered,
proposed, candidate or sensitive species
and habitat. Involve appropriate resource
specialists in the identification of
relevant design criteria. Include review
of species guidance documents in fire
suppression or other emergency actions
when and to the extent practicable.
S12: When implementing new projects in ...........................
areas that provide for threatened,
endangered, proposed, and candidate
species, use design criteria and
conservation practices (see Appendix H) so
that discretionary uses and facilities
promote the conservation and recovery of
these species and their habitats. Accept
short-term impacts where long-term effects
would provide a net benefit for the
species and its habitat where needed to
achieve multiple-use objectives.
S22: Except where it may adversely affect ...........................
threatened and endangered species, linear
structures such as fences, major highways,
utility corridors, bridge upgrades or
replacements, and canals will be designed
and built to allow for fish and wildlife
movement.
S42: Include provisions for raptor safety ...........................
when issuing permits for new power lines
and communication sites (see guidelines in
Appendix G). Also implement these
guidelines for existing permits within one
year in identified high-use flyways of the
California condor, and within five years
in other high-use raptor flyways.
Coordinate with California Department of
Fish and Game, U.S. Fish & Wildlife
Service, and power agencies to identify
the high-use flyways.
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Soil, Water, and Riparian Standards
S45: All construction, reconstruction, 36 CFR 219.8(a)(2)(ii-iv)
operation and maintenance of tunnels on and (a)(3)(i)(B, D, and
National Forest System lands shall use E).
practices that minimize adverse effects on
groundwater aquifers and their surface
expressions.
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S47: When designing new projects in 36 CFR 219.9(a)(1); 36 CFR
riparian areas, apply the Five-Step 219.9(a)(2); 36 CFR
Project Screening Process for Riparian 219.10(a)(3).
Conservation Areas as described in
Appendix E--Five-Step Project Screening
Process for Riparian Conservation Areas.
S49: Require fish passage instream flows ...........................
associated with dams and impoundments
where fish passage will enhance or restore
native or selected nonnative fish
distribution and not cause adverse effects
to other native species.
S58: Evaluate geologic hazards and develop ...........................
mitigations where risks to life, property
or resources are identified when planning
and implementing management activities.
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Wild and Scenic River Standards
S59: Manage eligible wild and scenic river 36 CFR 219.10(b)(v).
segments to perpetuate their free-flowing
condition and proposed classifications and
protect and enhance their outstandingly
remarkable values and water quality
through the suitability study period and
until designated or released from
consideration. When management activities
are proposed that may compromise the
outstandingly remarkable value(s),
potential classification, or free-flowing
character of an eligible wild and scenic
river segment, a suitability study will be
completed for that eligible river segment
prior to initiating activities.
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Heritage, Cultural and Historic Standards
S60: Until proper evaluation occurs, known 36 CFR 219.10(a)(1); 36 CFR
heritage resource sites shall be afforded 219.10(b)(ii); 36 CFR
the same consideration and protection as 219.10(b)(iii).
those properties evaluated as eligible to
the National Register of Historic Places.
S62: Protect the access to and the use of ...........................
sensitive traditional tribal use areas.
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USDA Forest Service Issuance of Special Use Authorizations
The issuance of any special use authorization(s) for this project
would likely occur after FERC issues its final EIS. The issuance of a
special use authorization is not subject to any additional
administrative review process such as the Forest Service's post-
decisional appeal process explained in 36 CFR part 214. This is because
applicants do not hold any right to use National Forest System lands
prior to being issued an authorization. The Forest Service retains the
authority to deny authorizations based on violations of law or
inconsistency with the Cleveland National Forest LMP (see generally 36
CFR part 219 Subpart B). The Forest Service cannot authorize a project
that is inconsistent with the LMP as this would be a violation of the
National Forest Management Act. Issuance of a special use authorization
would be subject to the project complying with all applicable legal
requirements and ensuring consistency with the Cleveland National
Forest LMP.
Dated: June 18, 2020.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2020-13625 Filed 6-23-20; 8:45 am]
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