DOI-BLM-NV-B010-2011-0015-EA

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NEPA Document Collection for: DOI-BLM-NV-B010-2011-0015-EA
EA at McGuinness Hills Geothermal Area for Geothermal/Power Plant

McGinness Hills Geothermal Development Project EA for Geothermal/Power Plant

General NEPA Document Info
Energy Sector Geothermal energy

Environmental
Analysis Type

EA

Applicant

Ormat Technologies Inc
Consultant Great Basin Ecology, Inc.; JBR Environmental Consultants; NAVCON; WCRM, Inc.

Geothermal Area

McGuinness Hills Geothermal Area

Project Location

Nevada

Project Phase

Geothermal/Power Plant

Techniques

Well Testing Techniques, Drilling Techniques, Production Wells
Comments McGinnis Hills Geothermal Area, not on Master list of geothermal areas - no adjacent areas are appropriate.
Time Frame (days)
NEPA Process Time 337
Participating Agencies

Lead Agency

Bureau of Land Management

Funding Agency

United States Department of Energy

Managing District Office

Battle Mountain

Managing Field Office

Funding Agencies

none provided

Surface Manager

Bureau of Land Management

Mineral Manager

Bureau of Land Management
Selected Dates
Application
Document Type
POU, ROW
Scoping Initiated Date 2010/08/06
Decision Document Date 7/9/2011
Relevant Numbers
Lead Agency
Doc Number
DOI-BLM-NV-B020-2011-0015-EA
Funding Agency
Doc Number
DOE/EA-1849
Serial Number NVN-084268X
Lease Numbers

Proposed Action

ORMAT Nevada Inc. proposes the construction and operation of two binary air-cooled geothermal power plants, each approximately 33 MW (net), 45 MW (gross); geothermal production and injection wells and well pads; access roads; geothermal production and injection pipelines; an electrical transmission line, and ancillary support facilities.

Conditions of Approval

Ormat would comply with all stipulations that are applicable to the proposed Project operations on the geothermal leases and the transmission line ROWs (see Appendix E).

LEASE STIPULATIONS: ENDANGERED SPECIES ACT SECTION& CNOSULTATION STIPULASTION The lease area may now or hereafter contain plants, animals, or their habitats determined to be threatened, endangered, or other special status species. BLM may recommend modifications to exploration and development proposals to further its conservation and management objective to avoid BLM-approved activity that will contribute to a need to list such a species or their habitat. BLM may require modifications to or disapprove proposed activity that is likely to result in jeopardy to the continued existence of a proposed or listed threatened or endangered species or result in the destruction or adverse modifications of a designated or proposed critical habitat. BLM will not approve any ground-disturbing activity that may affect any such species or critical habitat until it completes its obligations under applicable requirements of the Endangered Species Act, 16 USC 1531 et seq., as amended, including completion of any required procedure for conference or consultation. CULTURAL RESOURCE PROTECTION LEASE STIPULATION This lease may be found to contain historic properties or resources protected under the National Historic Preservation Act, American Indian Religious Freedom Act, Native American Graves Protection and Repatriation Act, EO 13007, or other statues and executive orders. The BLM will not approve any ground-disturbing activities that may affect any such properties or resources until it completes its obligations under applicable requirements of the NHPA and other authorities. The BLM may require exploration or development proposals to be modified t protect such properties, or it may disapprove any activity that is likely to result in adverse effects that could not be successfully avoided, minimized, or mitigated. SAGE GROUSE LEKS STIPULATIONS Operations would avoid active leks (strutting grounds) by 2 miles during strutting season (see Management Guidelines for Sage Grouse and Sagebrush Ecosystems in Nevada, October 2000). Approximate dates: March 1- May 15


TRANSMISSION LINE STIPULATIONS N-88978 STIPULATIONS 1.0 General Stipulations:

1. In case of change of address, the Holder shall immediately notify the BLM Authorized Officer.

2. In the event that the public land underlying the right-of-way (N-88978) encompassed in this grant, or a portion thereof, is conveyed out of Federal ownership and administration of the ROW or the land underlying the ROW is not being reserved to the United States in the patent/deed and/or the ROW is not within a ROW corridor being reserved to the United States in the patent/deed, the United States waives any right it has to administer the right-of-way, or portion thereof, within the conveyed land under Federal laws, statutes, and regulations, including the regulations at 43 CFR Part [2800][2880], including any rights to have the Holder apply to BLM for amendments, modifications, or assignments and for BLM to approve or recognize such amendments, modifications, or assignments. At the time of conveyance, the patentee/grantee, and their successors and assigns, shall succeed to the interests of the United States in all matters relating to the right-of-way, or portion thereof, within the conveyed land and shall be subject to applicable State and local government laws, statutes, and ordinances. After conveyance, any disputes concerning compliance with the use and the terms and conditions of the ROW shall be considered a civil matter between the patentee/grantee and the ROW Holder.

3. This grant is subject to all valid rights existing on the effective date of this grant.

4. Holder shall maintain a copy of this Grant and stipulations and Plan of Development on the construction site at all times.

5. All reports, notices or advisories required under the terms, conditions and stipulations of this Rightof-Way Grant are to be made to the BLM’s Authorized Officer as follows:

Field Manager Mount Lewis Field Office, Bureau of Land Management Battle Mountain District Office 50 Bastian Rd. Battle Mountain, NV 89820 (775) 635-4000

6. All design, material, and construction, operation, maintenance, and termination practices shall be in accordance with safe and proven engineering practices.

7. The Holder shall conduct all activities associated with the construction, operation, and termination of the right-of-way within the authorized limits of the right-of-way.

8. Roads and Construction sites shall be maintained in a sanitary condition at all times; waste materials shall be disposed of promptly at an appropriate waste disposal site. "Waste" means all discarded matter including, but not limited to: human waste, trash, garbage, vegetation, refuse, oil drums, petroleum products, ashes, and equipment.

9. The Holder shall comply with all applicable Federal, State, and local laws and regulations, existing or hereafter enacted or promulgated, with regard to any hazardous material, as defined in this paragraph, that will be used, produced, transported or stored on or within the R/W or any of the R/W facilities, or used in the construction, operation, maintenance or termination of the R/W or any of its facilities. “Hazardous material” means any substance, pollutant, or contaminant that is listed as hazardous underthe Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, as amended, 43 U.S.C. 9601 et seq., and its regulations. The definition of hazardous substances under CERCLA includes any “hazardous waste” as defined in the Resource Conservation and Recovery Act (RCRA) of 1976, as amended, 42 U.S.C. 6901 et seq., and its regulations. The term hazardous materials also includes any nuclear or byproduct material as defined by the Atomic Energy Act of 1954, as amended, 42 U.S.C. 2011 et seq. The term does not include petroleum, including crude oil or any fraction thereof that is not otherwise specifically listed or designated as a hazardous substance under CERCLA section 101 (14), 42 U.S.C. 9601 (14), nor does the term include natural gas.

10. The Holder of Right-of-Way N-88978 agrees to indemnify the United States against any liability arising from the release of any hazardous substance or hazardous waste (as these terms are defined in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. 9601, et. seq. or the Resource Conservation and Recovery Act (RCRA) of 1976, as amended, 42 U.S.C. 6901 et seq.) on the right-of-way (unless the release or threatened release is wholly unrelated to the right-of-way Holder’s activity on the right-of-way). This agreement applies without regard to whether a release is caused by the Holder, its agent, or unrelated third parties.

11. The Holder shall construct, operate, and maintain the facilities, improvements, and structures within this right-of-way in strict conformity with the Plan of Development that accompanied the Application and was approved and made part of the grant. Any relocation, additional construction, or use that is not in accord with the approved plan of development, shall not be initiated without the prior written approval of the Authorized Officer. A copy of the complete right-of-way grant, including all stipulations and approved plan of development, shall be made available on the right-of­way during construction, operation, and termination to the Authorized Officer. Noncompliance with the above will be grounds for immediate temporary suspension of activities if it constitutes a threat to public health and safety or the environment.

12. The Holder shall protect all survey monuments found within the right-of-way. Survey monuments include, but are not limited to, General Land Office and Bureau of Land Management Cadastral Survey Corners, reference corners, witness points, U.S. Coastal and Geodetic benchmarks and triangulation stations, military control monuments, and recognizable civil (both public and private) survey monuments. In the event of obliteration or disturbance of any of the above, the Holder shall immediately report the incident, in writing, to the Authorized Officer and the respective installing authority if known. Where General Land Office or Bureau of Land Management right-of-way monuments or references are obliterated during operations, the Holder shall secure the services of a registered land surveyor or a Bureau cadastral surveyor to restore the disturbed monuments and references using surveying procedures found in the Manual of Surveying Instructions for the Survey of the Public Lands in the United States, latest edition. The Holder shall record such survey in the appropriate county and send a copy to the Authorized Officer. If the Bureau cadastral surveyors or other Federal surveyors are used to restore the disturbed survey monument, the Holder shall be responsible for the survey cost.

13. Holder shall limit excavation to the areas of construction. No borrow areas for fill material will be permitted on the site. All off-site borrow areas on public lands must be approved in writing by the Authorized Officer in advance of excavation. All waste material resulting from construction or use of the site by Holder shall be removed from the site. All waste disposal sites on public land must be approved in writing by the Authorized Officer in advance of use.

14. The Holder shall mark the exterior boundaries of the right-of-way with a stake and/or lath at 50-foot intervals. The intervals may be varied at the time of staking at the discretion of the Authorized Officer. The tops of the stakes and/or laths will be painted and the laths flagged in a distinctive color as determined by the Holder. The survey station numbers will be marked on the boundary stakes and/or laths at the entrance to and the exit from public land. Holder shall maintain all boundary stakes and/or laths in place until final cleanup and restoration is completed and approved by the Authorized Officer. The stakes and/or laths will then be removed at the direction of the Authorized Officer.

15. Use of pesticides shall comply with the applicable Federal and state laws. Pesticides shall be used only in accordance with their registered uses and within limitations imposed by the Secretary of the Interior. Prior to the use of pesticides, the Holder shall obtain from the Authorized Officer written approval of a plan showing the type and quantity of material to be used, pest(s) to be controlled, method of application, location of storage and disposal of containers, and any other information deemed necessary by the Authorized Officer. Emergency use of pesticides shall be approved in writing by the Authorized Officer prior to such use.

16. During the period of May 1 through October 1 of each year, Holder should consider using spark arresters on vehicles and equipment in the project area, due to the potential for fire ignition from project related activities. This includes emission of hot carbon particles from diesel powered equipment, improperly equipped or poorly operating exhaust systems on gas powered vehicles and direct contact of wildland fuels with catalytic converters. Individuals, groups, businesses or corporations found responsible for the ignition of a wild fire may be held liable for the costs associated with the suppression of that fire.

17. The Holder shall permit free and unrestricted public access to and upon the R/W for all lawful purposes, except for those specific areas designated as restricted by the Authorized Officer to protect the public, wildlife, livestock, or facilities constructed within the R/W.

18. Within 90 days of construction completion, the Holder shall provide the Authorized Officer with data in a format compatible with the Bureau’s Arc-Info Geographic Information System to accurately locate and identify the right-of-way: Acceptable data formats are: •Corrected Global Positioning System files with sub-meter accuracy or better, in UTM NAD 83; Zone 11; •ARCGIS export files on a CD ROM, shapefile, geodatabase. Data may be submitted in any of the following formats: •ARCGIS interchange, shapefile or geodatabase format. •CD ROM in compressed or uncompressed format.

19. The Holder shall comply with all applicable Federal, State, and local laws and regulations existing or thereafter enacted or promulgated.

20. In accordance with Federal regulations in 43 CFR 2807.21 any proposed transfer of any right or interest in the right-of-way grant shall be filed with the BLM Authorized Officer. An application for assignment shall be accompanied by a showing of qualifications of the Assignee. The assignment shall be supported by a stipulation that the Assignee agrees to comply with and to bound by the terms and conditions of the grant to be assigned. No assignment shall be recognized unless and until it is approved in writing by the Authorized Officer.

2.0 Construction Stipulations:

21. The Authorized Officer may suspend or terminate in whole, or in part, any notice to proceed which has been issued when, in his judgment, unforeseen conditions arise which result in the approved terms and conditions being inadequate to protect the public health and safety or to protect the environment.

22. The Holder shall not initiate any construction or other surface disturbing activities on the right-of­way without the prior written authorization of the Authorized Officer. Such authorization shall be a written notice to proceed issued by the Authorized Officer. Any notice to proceed shall authorize construction or use only as therein expressly stated and only for the particular location or use therein described.

23. The Holder shall designate a representative(s) who shall have the authority to act upon and to implement instructions from the Authorized Officer. The Holder’s representative shall be available for communication with the Authorized Officer within a reasonable time when construction or other surface disturbing activities are underway.

24. Holder will hire an independent third-party Compliance Inspection Contractor, approved by the Authorized Officer, to insure compliance with the terms, conditions and stipulations of this Grant, N-88978. All questions or concerns regarding compliance with the terms, conditions, and stipulations of this Grant shall be directed to the BLM Authorized Officer or Project Manager.

25. Overnight parking and storage of equipment and materials, including staging or stockpiling of same, shall be within 1) previously disturbed areas, 2) areas cleared by biologist and 3) areas inventoried and cleared for cultural resources.

26. Holder shall remove only the minimum amount of vegetation necessary for the construction of structures and facilities. Where possible and if needed, topsoil shall be conserved during excavation and reused as cover on disturbed areas to facilitate regrowth of vegetation.

27. The Holder shall be responsible for weed control on disturbed areas within the limits of the rightof-way. The Holder is responsible for consultation with the Authorized Officer and/or local authorities for acceptable weed control methods (within limits imposed in the grant stipulations).

28. Future modifications, construction of improvements, or major maintenance operations involving disturbance of the land, shall not occur until plans for such actions have been submitted and approved in writing by the Authorized Officer. Any proposals involving new surface disturbance shall require a cultural inventory and may require completion of an environmental assessment.

29. The Holder shall prevent any activities which may cause erosion. Where erosion has resulted, the Holder shall re-vegetate and re-habilitate the location. The Holder is responsible for consultation with the Authorized Officer for an acceptable proposal.

30. Ninety days prior to termination of the right-of-way, the Holder shall contact the Authorized Officer to arrange a joint inspection of the right-of-way. This inspection will be held to agree to an acceptable termination (and rehabilitation) plan. This plan shall include, but is not limited to, removal of facilities, drainage structures, or surface material, recontouring, topsoiling, or seeding. The Authorized Officer must approve the plan in writing prior to the Holder’s commencement of any termination activities.

3.0 Wildlife Stipulations:

31. Prior to any planned disturbance in potential migratory bird nesting habitat from March 1 to July 31, (the approximate nesting season), a field survey for migratory birds, their nests, eggs, or young should be performed, in order to prevent violation of the Migratory Bird Treaty Act (MBTA). If any nests, eggs, or young are found either the project should be delayed until the birds have completed their nesting and brood rearing activities, or the project should be re-designed as to not harm the migratory birds, their nests, eggs, or young. A migratory bird is any species of bird except upland game species, feral pigeons, European starlings, and English house sparrows. Potential migratory bird nesting habitat is any habitat that may provide nesting opportunity for any species of migratory bird. Any violation of the MBTA can incur penalties up to $15,000 or 6 months imprisonment, or both per individual offense. Any questions about the Migratory Bird Treaty Act should be referred to the Reno Office of the U.S. Fish and Wildlife Service at (775) 861­6300, or e-mail at “asknevada@fws.gov”. Refer to Appendices A-D of the Environmental Analysis for further mitigation measures.

4.0 Cultural Stipulations:

32. Any cultural or paleontological resource (historic or prehistoric site or object) or Native American human remains, funerary item, sacred object, or objects of cultural patrimony discovered by the permit Holder, or any person working on their behalf, during the course of activities on Federal land, shall be immediately reported to the Authorized Officer by telephone, with written confirmation. The permit Holder shall suspend all operations in the immediate area of such discovery and protect it until an evaluation of the discovery will be made by the Authorized Officer. For cultural resources other than Native American human remains, funerary item, sacred object, or objects of cultural patrimony, this evaluation will determine the significance of the discovery and what mitigation measures are necessary to allow activities to proceed. The Holder is responsible for the cost of evaluation and mitigation. Any decision on treatment and/or mitigation will be made by the Authorized Officer after consulting with the permit Holder. Operations may resume only upon written authorization to proceed from the Authorized Officer.

5.0 Bonding Stipulations:

33. A Performance and Reclamation bond, in an amount determined by the Authorized Officer, shall be obtained by the holder to ensure compliance with the terms and conditions of this instrument. The Authorized Officer will require that the holder submit a Reclamation Cost Estimate for review and to assist the Authorized Officer in determining the bond amount. The Holder shall provide the Authorized Officer proof that a bond in the required amount has been obtained prior to receiving a Notice to Proceed or at such earlier date as may be specified by the Authorized Officer. The amount of the bond will be limited to the anticipated liabilities associated with the activities approved by the Notice to Proceed. If the Notice to Proceed is limited to only an initial phase of development or activity, the bond amount will be limited to that phase or activity. The bond amount would increase with the issuance of a Notice to Proceed for future phases of development or additional activities. The bond must be maintained in effect until removal of improvements and restoration of the right-of-way authorization has been accepted by the Authorized Officer. Acceptable bond instruments include cash, cashier’s or certified check, certificate or book entry deposits, negotiable U.S. Treasury securities (notes, bills, or bonds) equal in value to the bond amount, or surety bonds from the approved list of sureties (U.S. Treasury Circular 570) payable to the Bureau of Land Management. The Authorized Officer will accept an irrevocable letter of credit as an acceptable form of bond. Irrevocable letters of credit must be payable to the Bureau of Land Management and issued by financial institutions that have the authority to issue letters of credit and whose operations are regulated and examined by a federal agency. The Bureau of Land Management will not accept a corporate guarantee as an acceptable form of bond. The Authorized Officer will review the bond on an annual basis to ensure adequacy of the bond amount. The bond will also be reviewed at the time of any assignment, modification, or renewal of this instrument. The Authorized Officer may increase or decrease the bond amount at any time during the term of the right-of-way authorization, consistent with the regulations.

34. The Holder agrees that any bond held as security for Holder's performance of the terms and conditions of this instrument may, upon failure on the Holder's part to fulfill any of the requirements herein set forth or made a part hereof, be retained by the United States to be applied as far as may be needed to the satisfaction of the Holder's obligations assumed hereunder, without prejudice whatsoever to any other rights and remedies of the United States.

35. Should the bond delivered under this instrument become unsatisfactory to the Authorized Officer, the Holder shall, within 30 calendar days of demand, furnish a new bond. In the event of noncompliance with the terms and conditions of this instrument, the BLM will notify the Holder that the surety or other bond instrument is subject to forfeiture and will allow the Holder 15 calendar days to respond before action is taken to forfeit the bond and suspend or terminate the authorization.

36. The Holder shall provide a bond in the amount of $145,950.00 to be maintained until restoration of disturbed areas and other requirements relative to the construction phase of the project have been accepted by the Authorized Officer. Upon completion, or partial completion of these construction related requirements, the Authorized Officer may terminate or reduce the amount of the bond.


  • As a condition of approval, Ormat would obtain and comply with provisions of a waiver

from the Nevada State Water Engineer (Nevada Department of Water Resources) for the use of the Lancaster B well to obtain a maximum of 30.6 acre-feet of water for construction and 13.6 acre-feet for decommissioning and reclamation

Data Completion Notes

Complete 8/5.

Documents

Serial Register Page:
 
 

 
 
 
 
 
FONSI: 
 
 
 
 

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  
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.

 

proposed  
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  
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  
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.

 

proposed  
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.

 

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.

The potential for wind erosion within the Project Area is relatively low. The water runoff potential for the soil associations is generally moderate to high.

proposed  
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.

 

proposed  
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.

 

proposed  
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.

 

proposed  
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.

The Project would have no foreseeable long term impacts on recreation.

proposed  
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.

 

proposed  
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.

No impacts are expected.

   
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.

No impacts are expected.

   
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.

No impacts are expected.

   
Range 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  
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.

The Proposed Action would likely have no direct impacts on the quality or quantity of either surface or groundwater.

proposed