DOE-EA-1849

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NEPA Document Collection for: DOE-EA-1849
EA at McGuinness Hills Geothermal Area for Geothermal/Power Plant, Geothermal/Well Field, Geothermal/Transmission,

EA for Northern Nevada Geothermal Power Plant Project at McGuinness Hills Geothermal Area

General NEPA Document Info
Energy Sector Geothermal energy

Environmental
Analysis Type

EA

Applicant

Ormat Technologies Inc

Geothermal Area

McGuinness Hills Geothermal Area

Project Location

Nevada

Project Phase

Geothermal/Power Plant, Geothermal/Well Field, Geothermal/Transmission

Techniques

Time Frame (days)
Participating Agencies

Lead Agency

United States Department of Energy

Funding Agency

United States Department of Energy

Managing District Office

none provided

Managing Field Office

DOE Golden Field Office

Funding Agencies

none provided

Surface Manager

,

Mineral Manager

BLM
Selected Dates
Final EA-EIS Date
/Public Comment Period
2011/08/17
Decision Document Date 2011/08/22
Relevant Numbers
Lead Agency
Doc Number
DOE-EA-1849
Funding Agency
Doc Number
DOE-EA-1849

Proposed Action

The Proposed Action is issuance by DOE of a loan guarantee to John Hancock Financial Services for the Ormat Nevada OFC 2 LLC Project for development of the Tuscarora Facility and Transmission Line, Jersey Valley Facility, and McGinness Hills Facility. Project features typical for these facilities include construction of production and injection wells, geothermal fluid pipelines, power generating facilities and associated facilities, and transmission lines. These features are described for the Tuscarora Facility in section 2.1. Updated information and supplemental analysis for the Transmission Line is provided in section 2.2. Summaries of the Jersey Valley Facility EA, and McGinness Hills Facility EA are contained in Appendix B and Appendix C.

Conditions of Approval

Memorandum of Understanding

NOW, THEREFORE, BLM, DOE and SHPO agree that the undertaking shall be implemented in accordance with the following stipulations in order to take into account the effect of the undertaking on historic properties.

I. HISTORIC PRESERVATION TREATMENT PLAN A. The cultural resource management (CRM) firm hired by Ormat will meet BLM’s and the Secretary of the Interior’s standards and will complete the recordation and data recovery as outlined in Historic Preservation Treatment Plans, accepted by the BLM in consultation with SHPO.

B. BLM will ensure that Ormat provides funds to support a CRM firm and qualified persons in implementation of the treatment plan, including but not limited to, mitigation of archaeological sites, artifact processing, writing a summary report of findings, writing the final report of findings, and curation of artifacts.

1. Ormat shall provide BLM with a letter assuring BLM that Ormat will fund all of the required work stipulated in the approved data recovery/treatment plan.

II. NOTICES TO PROCEED A. BLM will provide Ormat with a Notice to Proceed after BLM and SHPO have the opportunity to review the mitigation to ensure compliance with the Historic Properties Treatment Plan, as agreed by SHPO and BLM. To ensure compliance, the following will be carried out:

1. The CRM firm hired by Ormat will provide BLM with a summary of field work after a property has been mitigated according to the Historic Properties Treatment Plan. 2. BLM shall review and approve the summary. 3. BLM shall provide a copy of the summary to SHPO. 4. SHPO shall review the summary. If SHPO does not respond within two working days, BLM can assume concurrence and issue the Notice to Proceed. 5. Ormat shall not begin any ground disturbing activities within the boundaries of any historic property until a Notice to Proceed is issued for the property. 6. Ormat shall be provided with the locations of historic properties listed above to ensure their avoidance until treatment. Ormat shall protect, secure and restrict access to this sensitive information.

B. Ormat shall arrange for and fund a CRM firm to monitor on an annual basis the remaining historic properties that have not undergone treatment. If the monitoring reveals that a historic property has experienced damage attributable to Ormat or their contractors, then Ormat shall hire a CRM firm to complete treatment at the damaged historic property to be initiated within the year.

III. DURATION This MOA will expire within five (5) years from the date of its execution if all its stipulations are carried out. BLM may consult with all signatories prior to expiration in order to re-examine terms of the MOA, determine if those terms remain acceptable, and renew the MOA for another period of time not to exceed five (5) years. Or, at the time of expiration, and prior to work continuing on the undertaking, BLM shall either (a) execute a MOA pursuant to 36 CFR § 800.6, or (b) request, take into account, and respond to the comments of the Advisory Council on Historic Preservation (ACHP) under 36 CFR § 800.7. Prior to such time, BLM may consult with the other signatories to reconsider the terms of the MOA and amend it in accordance with Stipulation VII below. BLM shall notify the signatories as to the course of action it will pursue.

IV. POST-REVIEW DISCOVERIES If potential historic properties are discovered or unanticipated effects on historic properties found, BLM shall implement additional treatment according to approved Historic Preservation Treatment Plan(s). Post-review discoveries must be avoided until BLM issues a Notice to Proceed.

V. MONITORING AND REPORTING The CRM firm hired by Ormat to implement the treatment plan will provide BLM with progress reports as each phase of the treatment plan is completed. Such report shall include any scheduling changes proposed, any problems encountered, and any disputes and objections received in BLM's efforts to carry out the terms of this MOA.

VI. DISPUTE RESOLUTION Should any signatory or concurring party to this MOA object at any time to any actions Proposed or the manner in which the terms of this MOA are implemented, BLM shall consult with such party to resolve the objection. If BLM determines that such objection cannot be resolved, BLM will:

A. Disputes Involving BLM and SHPO

1. BLM or SHPO may object to an action proposed or taken by the other pursuant to this agreement. When informal resolution is not effective or satisfactory, the objecting party shall notify the other party in writing of the objection. Within seven (7) calendar days following receipt of notification, the parties shall initiate a formal thirty (30) calendar day consultation period to resolve the objection. If the objection is resolved within this time frame, the parties shall proceed in accordance with the terms of that resolution.

2. If the objection is not resolved within this time frame, and the parties have not agreed to extend the consultation period, the BLM Deputy Preservation Officer (DPO) shall refer the objection to the BLM Preservation Board, which will provide the BLM State Director with its recommendations. If the State Director accepts the Board’s recommendations, the State Director shall promptly notify the SHPO of such acceptance, provide a copy of the Board’s recommendations, and afford SHPO thirty (30) calendar days following receipt of the notification to comment on the recommendations. If SHPO concurs with the Board’s recommendations within this time frame, the State Director and SHPO shall proceed in accordance with the Board’s recommendations to resolve the objection.

3. If either the State Director or SHPO rejects the Board‘s recommendations after a period of consideration not to exceed thirty (30) days, the State Director shall promptly notify the Board in writing of the rejection, and immediately thereafter submit the objection, including copies of all pertinent documentation, to the ACHP for comment. Within thirty (30) calendar days following receipt of any ACHP comments, the State Director shall make a final decision regarding resolution of the objection and in writing notify the Board, SHPO, and the ACHP of that decision. The objection shall thereupon be resolved. In reaching a final decision regarding the objection, the State Director shall take into account any comments received from the Board, SHPO, and ACHP pursuant to this stipulation.

B. Disputes by a Member of the Public or a Federally-recognized Indian tribe 1. If a Member of the Public or a Federally-recognized Indian tribe objects at any time in writing to the manner in which this MOA is being implemented, BLM shall consult with the objecting party for a period not to exceed thirty (30) days and, if the objecting party requests, with SHPO, to resolve the objection. If the objecting party and BLM resolve the objection within thirty (30) days, BLM shall proceed in accordance with the terms of that resolution. BLM should inform SHPO of any objections and the outcome of attempts at resolution within ten (10) days after the period of resolution has expired.

2. If the objection cannot be resolved, and if the objecting party has not requested review by the ACHP, the DPO shall refer the objection to the Preservation Board, which will provide the State Director and the objecting party with its recommendations for resolving the objection. If the State Director and the objecting party accept the Preservation Board‘s recommendations, the State Director shall proceed in accordance with these recommendations to resolve the objection.

3. If either the State Director or the objecting party rejects the Preservation Board‘s recommendations for resolving the objection, the State Director shall refer the objection to the ACHP. The State Director shall make a final decision regarding the resolution of the objection and shall in writing notify the Board, the objecting party, SHPO and the ACHP of that decision. The objection shall thereby be resolved. In reaching a final decision regarding the objection, the State Director shall take into account any comments received from the Board, the objecting party, SHPO, and the ACHP pursuant to this paragraph. Any objection filed pursuant to this paragraph shall not prevent BLM from proceeding with project planning; however, project implementation shall be deferred until the objection is resolved pursuant to the terms of this paragraph.

C. If objection is sent to the ACHP:

1. The ACHP shall provide BLM with its advice on the resolution of the objection within thirty (30) days of receiving adequate documentation. Prior to reaching a final decision on the dispute, BLM shall prepare a written response that takes into account any timely advice or comments regarding the dispute from the ACHP, signatories and concurring parties, and provide them with a copy of this written response. BLM will then proceed according to its final decision.

2. If the ACHP does not provide its advice regarding the dispute within the thirty (30) day time period; BLM may make a final decision on the dispute and proceed accordingly. Prior to reaching such a final decision, BLM shall prepare a written response that takes into account any timely comments regarding the dispute from the signatories and concurring parties to the MOA, and provide them and the ACHP with a copy of such written response.

3. The BLM's responsibility to continue to carry out all other actions subject to the terms of this MOA that are not the subject of the dispute remain unchanged.

VII. AMENDMENTS This MOA may be amended when such an amendment is agreed to in writing by all signatories. The amendment will be effective on the date a copy signed by all of the signatories is filed with the ACHP.

VIII. TERMINATION If any signatory to this MOA determines that its terms will not or cannot be carried out, that party shall immediately consult with the other parties to attempt to develop an amendment per Stipulation VII, above. If within thirty (30) days (or another time period agreed to by all signatories) an amendment cannot be reached, any signatory may terminate the MOA upon written notification to the other signatories.

Once the MOA is terminated, and prior to work continuing on the undertaking, BLM must either (a) execute an MOA pursuant to 36 CFR § 800.6, or (b) request, take into account, and respond to the comments of the ACHP under 36 CFR § 800.7. BLM shall notify the signatories as to the course of action it will pursue.

Execution of this MOA by BLM and SHPO, and the implementation of its terms, evidence that BLM has taken into account the effects of this undertaking on historic properties.

Data Completion Notes

5/13/2013 Changed Geothermal Area to McGuiness Hills, Jersey Valley already exists on OpenEI, Tuscarora still needs to be added (facility might be associated with the Hot Sulphur Springs Geothermal Area). Need to add capability to assign more than one geothermal area to a single NEPA activity before the other areas can be assigned to this page. MB

Entry complete 8/8

3 Geothermal Areas: Jersey Valley, McGuiness Hills, and Tuscarora. These all needed to be added to OpenEI.

KERMIT: Need to add Public Health and Safety as a resource

Documents

 
 
 

 
 
 
 
 
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Resource Analysis

Resource Not
Present
Present,
Not
Affected
Present,
Potentially
Affected
Not
Indicated
Comment Applicant
Proposed
Mitigation
Agency
Imposed
Mitigation
Air Quality
"NEPA_Resource_Analysis" is not in the list of possible values (Not Present, Present, Not Affected, Present, Potentially Affected, Not Indicated) for this property.

 

proposed  
Cultural Resources
"NEPA_Resource_Analysis" is not in the list of possible values (Not Present, Present, Not Affected, Present, Potentially Affected, Not Indicated) for this property.

 

proposed imposed
Wildlife Resources
"NEPA_Resource_Analysis" is not in the list of possible values (Not Present, Present, Not Affected, Present, Potentially Affected, Not Indicated) for this property.

 

proposed imposed
Invasive, Nonnative Species
"NEPA_Resource_Analysis" is not in the list of possible values (Not Present, Present, Not Affected, Present, Potentially Affected, Not Indicated) for this property.

 

proposed imposed
Wastes Hazardous or Solid
"NEPA_Resource_Analysis" is not in the list of possible values (Not Present, Present, Not Affected, Present, Potentially Affected, Not Indicated) for this property.

 

  imposed
Fire Resources
"NEPA_Resource_Analysis" is not in the list of possible values (Not Present, Present, Not Affected, Present, Potentially Affected, Not Indicated) for this property.

underneath Public Health and Safety

  imposed
Induced Seismicity Impact
"NEPA_Resource_Analysis" is not in the list of possible values (Not Present, Present, Not Affected, Present, Potentially Affected, Not Indicated) for this property.

 

proposed  
Soils
"NEPA_Resource_Analysis" is not in the list of possible values (Not Present, Present, Not Affected, Present, Potentially Affected, Not Indicated) for this property.

 

   
Vegetation
"NEPA_Resource_Analysis" is not in the list of possible values (Not Present, Present, Not Affected, Present, Potentially Affected, Not Indicated) for this property.

 

   
Geology and Minerals
"NEPA_Resource_Analysis" is not in the list of possible values (Not Present, Present, Not Affected, Present, Potentially Affected, Not Indicated) for this property.

 

   
Migratory Birds
"NEPA_Resource_Analysis" is not in the list of possible values (Not Present, Present, Not Affected, Present, Potentially Affected, Not Indicated) for this property.

 

   
Threatened and Endangered Species
"NEPA_Resource_Analysis" is not in the list of possible values (Not Present, Present, Not Affected, Present, Potentially Affected, Not Indicated) for this property.

 

   
Wetlands and Riparian Zones
"NEPA_Resource_Analysis" is not in the list of possible values (Not Present, Present, Not Affected, Present, Potentially Affected, Not Indicated) for this property.

 

   
Native American Concerns
"NEPA_Resource_Analysis" is not in the list of possible values (Not Present, Present, Not Affected, Present, Potentially Affected, Not Indicated) for this property.

 

   
Noise
"NEPA_Resource_Analysis" is not in the list of possible values (Not Present, Present, Not Affected, Present, Potentially Affected, Not Indicated) for this property.

 

   
Visual Resources
"NEPA_Resource_Analysis" is not in the list of possible values (Not Present, Present, Not Affected, Present, Potentially Affected, Not Indicated) for this property.

 

   
Lands and Realty
"NEPA_Resource_Analysis" is not in the list of possible values (Not Present, Present, Not Affected, Present, Potentially Affected, Not Indicated) for this property.

 

   
Social Values
"NEPA_Resource_Analysis" is not in the list of possible values (Not Present, Present, Not Affected, Present, Potentially Affected, Not Indicated) for this property.

 

   
Economic Values
"NEPA_Resource_Analysis" is not in the list of possible values (Not Present, Present, Not Affected, Present, Potentially Affected, Not Indicated) for this property.

 

   
Environmental Justice
"NEPA_Resource_Analysis" is not in the list of possible values (Not Present, Present, Not Affected, Present, Potentially Affected, Not Indicated) for this property.

 

   
Public Health and Safety
"NEPA_Resource_Analysis" is not in the list of possible values (Not Present, Present, Not Affected, Present, Potentially Affected, Not Indicated) for this property.

 

   
Floodplains
"NEPA_Resource_Analysis" is not in the list of possible values (Not Present, Present, Not Affected, Present, Potentially Affected, Not Indicated) for this property.

No FEMA-designated 100-year floodplains are located near the project.

   
Wild and Scenic Rivers
"NEPA_Resource_Analysis" is not in the list of possible values (Not Present, Present, Not Affected, Present, Potentially Affected, Not Indicated) for this property.

No wild and scenic rivers present.

   
Wilderness
"NEPA_Resource_Analysis" is not in the list of possible values (Not Present, Present, Not Affected, Present, Potentially Affected, Not Indicated) for this property.

No wilderness areas present.

   
Paleontological Resources
"NEPA_Resource_Analysis" is not in the list of possible values (Not Present, Present, Not Affected, Present, Potentially Affected, Not Indicated) for this property.

Because no excavation of geologic structures would occur, no paleontological resources would be impacted

   
Recreation
"NEPA_Resource_Analysis" is not in the list of possible values (Not Present, Present, Not Affected, Present, Potentially Affected, Not Indicated) for this property.

Recreation limited due to private land. May be some negligible visual impacts from adjacent BLM to the west of the project site

   
Areas of Critical Environmental Concern
"NEPA_Resource_Analysis" is not in the list of possible values (Not Present, Present, Not Affected, Present, Potentially Affected, Not Indicated) for this property.

No Areas of Critical Environmental Concern present.

   
Prime or Unique Farmlands
"NEPA_Resource_Analysis" is not in the list of possible values (Not Present, Present, Not Affected, Present, Potentially Affected, Not Indicated) for this property.

The project area has no prime or unique farmland subject to the Farmland Protection Policy Act (7 USC 4201 et. seq., as amended)

   
Wild Horse and Burro Management
"NEPA_Resource_Analysis" is not in the list of possible values (Not Present, Present, Not Affected, Present, Potentially Affected, Not Indicated) for this property.

No wild horses or burros present

   
Water Quantity
"NEPA_Resource_Analysis" is not in the list of possible values (Not Present, Present, Not Affected, Present, Potentially Affected, Not Indicated) for this property.

 

proposed imposed