[Federal Register Volume 76, Number 62 (Thursday, March 31, 2011)]
[Notices]
[Pages 17844-17846]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-7583]
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DEPARTMENT OF ENERGY
Notice of Availability of the Draft Environmental Impact
Statement and Public Hearing for a Proposed Federal Loan Guarantee To
Support Construction and Start-Up of the Topaz Solar Farm, San Luis
Obispo County, CA
AGENCY: U.S. Department of Energy.
ACTION: Notice of Availability of the Draft Environmental Impact
Statement and Public Hearing.
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SUMMARY: The U.S. Department of Energy (DOE) announces the availability
of the Draft Environmental Impact Statement for the DOE Loan Guarantee
to Royal Bank of Scotland for Construction and Startup of the Topaz
Solar Farm, San Luis Obispo County, California (DOE/EIS-0458D) (Draft
EIS) for public review and comment, as well as the date, location and
time for a public hearing. The Draft EIS analyzes the potential
environmental impacts of the DOE's proposed action of issuing a Federal
loan guarantee to support construction and startup of the Topaz Solar
Farm Project located in San Luis Obispo County, California (Proposed
Project). The Royal Bank of Scotland plc, as Lender-Applicant, with
Topaz Solar Farms, LLC (Topaz) as the borrower, submitted an
application to DOE under the Federal loan guarantee program pursuant to
the Energy Policy Act of 2005 (EPAct 2005). Topaz is a limited
liability company that is owned by First Solar, Inc. The loan guarantee
would support the financing arranged by the Royal Bank of Scotland for
the construction and start up of the Proposed Project.
Topaz proposes to develop the Project on up to 4,100 acres of land.
As proposed, the nominal 550-megawatt electric generation project would
include the installation of about nine million photovoltaic (PV) solar
modules within approximately 437 arrays and associated electric
equipment. Generated electricity would be sold to Pacific Gas and
Electric (PG&E) under a long-term power purchase agreement. The Project
would be interconnected into PG&E's existing Morro Bay-Midway 230-
kilovolt (kV) transmission line, which runs in an east-to-west
direction through the site and portions of Kern County.
DATES: DOE invites the public to submit comments on the Draft EIS
during the public comment period, which began on March 25, 2011 and
ends on May 9, 2011. DOE will consider all comments postmarked or
received during the comment period in preparing the Final EIS. Comments
received or postmarked after May 9, 2011, will be considered to the
extent practicable. In addition to receiving comments in writing and by
e-mail [See ADDRESSES], DOE will convene a public hearing at which
government agencies, private-sector organizations, Native American
Tribes and individuals are invited to present oral and written comments
on the Draft EIS. The public hearing will be held on April 13, 2011 at
the Carrisa Plains Heritage Association Community Center, 10750 Carrisa
Highway (Highway 58), Santa Margarita, California, 93458; located
approximately one mile east of Soda Lake Road. Oral comments will be
heard during the formal portion of the public hearing beginning at 6:30
pm. The public is also invited to an informal Question & Answer Open
House beginning at 5:30 pm at the location above, during which DOE and
Topaz personnel will be available for individual discussions with
attendees to answer questions about the project and DOE's Proposed
Action. Displays and other forms of information about the proposed
agency action, the EIS process, and Topaz's Proposed Project will also
be available for review.
DOE requests that anyone who wishes to present oral comments at the
public hearing contact Ms. Colamaria by phone or e-mail [see
ADDRESSES]. Individuals who do not make advance arrangements to speak
may register at the meeting. Speakers who need more than five minutes
should indicate the length of time desired in their request. DOE may
need to limit speakers to five minutes initially, but will provide
additional opportunities as time permits. Written comments on the Draft
EIS can also be submitted to DOE officials at the public hearing.
The public hearing and Question & Answer Open House will be
accessible to people with disabilities. In addition, any individual
needing specific assistance, such as a sign language interpreter or
translator, should contact Ms. Colamaria [see ADDRESSES] at least 48
hours in advance of the hearing so that arrangements can be made.
ADDRESSES: Public comments can be submitted electronically or by U.S.
Mail. Written comments on the proposed EIS scope should be signed and
addressed to the NEPA Document Manager for this project: Ms. Angela
Colamaria, Loan Guarantee Program (LP-10), U.S. Department of Energy,
1000 Independence Avenue, SW., Washington, DC 20585. Electronic
submission of comments is encouraged due to processing time required
for regular mail. Comments can be submitted electronically by sending
an e-mail to: [email protected]. All electronic and written comments
should reference the following document number: DOE/EIS-0458.
FOR FURTHER INFORMATION CONTACT: To obtain additional information about
this EIS, the public hearing, or to receive a copy of the Draft EIS,
contact Angela Colamaria by telephone: 202-287-5387; toll-free number:
800-832-0885 ext. 75387; or electronic mail:
[email protected]. For general information on the DOE NEPA
process, please contact: Ms. Carol M. Borgstrom, Director, Office of
NEPA Policy and Compliance (GC-54), U.S. Department of Energy, 1000
Independence Avenue, SW., Washington, DC 20585; telephone: 202-586-
4600; facsimile: 202-586-7031; electronic mail: [email protected];
[[Page 17845]]
or leave a toll-free message at 800-472-2756.
SUPPLEMENTARY INFORMATION: Title XVII of EPAct 2005 established a
Federal loan guarantee program for eligible energy projects, and was
amended by the American Recovery and Reinvestment Act of 2009 to create
Section 1705 of Title XVII (42 U.S.C. 16516), authorizing a new program
for rapid deployment of renewable energy projects and related
manufacturing facilities, electric power transmission projects, and
leading edge biofuels projects. The Section 1705 Program is designed to
address the current economic conditions of the nation, in part, through
financing such projects.
The Royal Bank of Scotland plc, as Lender-Applicant, with Topaz as
the borrower, applied to DOE for a federal loan guarantee under the
Solicitation entitled, ``Federal Loan Guarantees for Commercial
Technology Renewable Energy Generation Projects under the Financial
Institution Partnership Program'' (Solicitation No. DE-FOA-0000166),
issued on October 7, 2009.
The purpose and need for action by DOE is to comply with its
mandate under EPAct 2005 by selecting eligible projects that meet the
goals of Section 1705 Program, as summarized above. The EIS will inform
DOE's decision on whether to issue a loan guarantee to Topaz to support
the Proposed Project. DOE's proposed action is to issue a loan
guarantee to Topaz to support construction and start-up of the Topaz
Solar Farm. The Proposed Project would be located in an unincorporated
portion of eastern San Luis Obispo County, California, adjacent to
Highway 58 and east of Bitterwater Road. Topaz has options to purchase
approximately 10,000 acres of land in the Project area. The Proposed
Project would be developed on up to 4,100 acres of land within one of
two overlapping study areas.
The Proposed Project would consist of: a solar field of
approximately nine million ground-mounted PV modules that collect solar
radiation to produce electricity; an electrical collection system that
converts generated power from direct current (DC) to alternating
current (AC) and delivers it to a new Project substation which collects
and converts the generated power from 34.5 kV to 230 kV for delivery
via a new PG&E switching station to PG&E's existing Morro Bay-Midway
230-kV transmission line; and the aforementioned PG&E switching station
that interconnects the Proposed Project to PG&E's existing transmission
line. After construction, PG&E would own and operate the switching
station. As part of the Proposed Project, Topaz would also construct
and operate a Monitoring and Maintenance Facility and a Solar Energy
Learning Center within the Proposed Project's site boundary. The
Proposed Project would also include up to 22 miles of on-site access
roads as well as leach field and septic systems for the two facilities
listed above.
Topaz has interconnection agreements in place for the first 400 MW
of Project capacity. The California Independent System Operator has
determined that network upgrades would be required to accommodate the
Proposed Project's remaining 150 MW, as well as other generation
projects in the region. Network upgrades could include the
reconductoring of 35 miles of the 230-kV transmission lines between the
new PG&E switching station and the Midway Substation. Such upgrades
would extend the height of every other existing tower by 20 feet, but
would not introduce a new structure.
Alternatives
In determining the range of reasonable alternatives to be
considered in the EIS for the Proposed Project, DOE identified the
reasonable alternatives that would satisfy the underlying purpose and
need for agency action. Rather than being directly responsible for the
siting, construction, and operation of respective projects selected in
response to solicitations under EPAct 2005, DOE's actions are limited
to guaranteeing the debt obligation for the project. Therefore, DOE's
overall decision will be to either provide a loan guarantee for the
Proposed Project or to decline to provide a loan guarantee (i.e., the
No Action alternative, as discussed below). The potential environmental
impacts of a No Action alternative, as well as two Project-Specific
alternatives, are analyzed in the EIS.
The Project-Specific alternatives include alternate configurations
for the solar arrays. Within the Proposed Project site, Topaz
identified two Study Areas (Study Area A and Study Area B) that would
be suitable for the Proposed Project, although construction of the
Proposed Project would take place on only one Study Area if the
Proposed Project is approved. DOE analyzed both Study Areas available
to Topaz as project-specific alternatives (Project-Specific Alternative
A and Project-Specific Alternative B).
Under the No Action alternative, DOE would not provide the loan
guarantee to Topaz. In this case, Topaz may have greater difficulty
obtaining financing for the Project, which may result in a delay in the
start of construction, construction in smaller phases over a longer
time period, potentially increased project cost, or could possibly
result in the Proposed Project not being built. Although Topaz may
still pursue the Project without the loan guarantee, as defined above,
for purposes of the Draft EIS analysis, it is assumed that the No
Action alternative would result in no Project or in a no build
scenario. DOE does not have a preferred alternative at this time, and
will identify its preferred alternative in the Final EIS.
Floodplain Assessment
In the October 22, 2010 Notice of Intent to Prepare an
Environmental Impact Statement (75 FR 65306), DOE provided notice of a
proposed DOE action in a floodplain pursuant to DOE Floodplain and
Wetland Environmental Review Requirements (10 CFR Part 1022). Overhead
electrical lines would need to cross 100-year floodplains (unnamed
drainages within the Carrizo Plain, northwest of Soda Lake). Since some
of the floodplains on the project site are greater than 200 feet wide
and posts are needed every 200 feet to support overhead lines, the
installation of posts within the floodplain is anticipated. DOE has
prepared a floodplain assessment as required by DOE regulations.
Interested parties may comment on the floodplain assessment, which has
been incorporated into the Draft EIS.
Scope of Draft EIS and Environmental Review Process
The DOE prepared this Draft EIS pursuant to the National
Environmental Policy Act of 1969, as amended (NEPA), the Council on
Environmental Quality (CEQ) NEPA regulations, and the DOE NEPA
implementing procedures. The Draft EIS analyzes the environmental
consequences that may result from the Proposed Action, including the
alternative layout options, and the No Action Alternative. Potential
impacts identified during the scoping process and analyzed in the Draft
EIS related to the following: Air quality; greenhouse gas emissions and
climate change; energy use and production; water resources, including
groundwater and surface waters; wetlands and floodplains; geological
resources; ecological resources, including species of special concern
and threatened and endangered species such as the San Joaquin kit fox,
longhorn fairy shrimp and vernal pool fairy shrimp; cultural resources,
including historic structures and properties, sites of religious and
cultural significance to Tribes, and archaeological resources; land
use;
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visual resources and aesthetics; transportation and traffic; noise and
vibration; hazardous materials and solid waste management; human health
and safety; accidents and terrorism; socioeconomics, including impacts
to community services; environmental justice; and cumulative impacts.
Because the Proposed Project may affect listed species under the
Endangered Species Act (ESA), DOE has also initiated consultation
regarding the project with the U.S. Department of the Interior's Fish
and Wildlife Service under Section 7 of the ESA.
The Topaz Proposed Project site is expected to impact waters
subject to the jurisdiction of the U.S. Army Corps of Engineers
(USACE); therefore the Proposed Project will require a Clean Water Act
(CWA) Section 404 Permit. As a result, USACE has participated as a
cooperating agency in the preparation of this Draft EIS and will use
this EIS (in part) to determine whether to issue a Section 404 permit.
USACE will issue a separate decision document on the CWA Section 404
permit for the Proposed Project that will incorporate the environmental
analyses from this EIS.
The DOE will use and coordinate the NEPA public comment process to
satisfy the public involvement requirements of Section 106 of the
National Historic Preservation Act (16 U.S.C. 470f) as provided for in
36 CFR 800.2(d)(3). DOE has invited Federally-recognized American
Indian Tribes that have historic interests in the area to also
participate in government-to-government consultation regarding the
Proposed Project. In addition to these Federally-recognized tribes, the
California Native American Heritage Commission provided DOE with a
Native American contacts list in the project area. DOE contacted
parties on the list to solicit concerns or comments on the Proposed
Project.
Availability of the Draft EIS
Copies of the Draft EIS have been distributed to: Members of
Congress; Native American Tribal governments, Federal, State, and local
officials; and agencies, organizations and individuals who may be
interested or affected. The Draft EIS is on the Department of Energy's
NEPA Web site at http://www.nepa.energy.gov under ``DOE NEPA
Documents'' and on the Loan Program Office's Web site at http://www.lgprogram.energy.gov/NEPA_EIS.html.
Copies of the Draft EIS are also available for review at the
Simmler Public Library/California Valley Community Service District;
13080 Soda Lake Road; California Valley, CA 93453 and the San Luis
Obispo County Department of Planning and Building; 976 Osos St. Room
300; San Luis Obispo, CA 93408.
Issued in Washington, DC, on March 25, 2011.
Jonathan M. Silver,
Executive Director, Loan Programs Office.
[FR Doc. 2011-7583 Filed 3-30-11; 8:45 am]
BILLING CODE 6450-01-P