DOE-EA-1849
NEPA Document Collection for: DOE-EA-1849
EA at McGinness Hills Geothermal Area for Geothermal/Power Plant, Geothermal/Well Field, Geothermal/Transmission,
EA for Northern Nevada Geothermal Power Plant Project at McGinness Hills Geothermal Area
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
FONSI:
Resource Analysis
Resource | Not Present |
Present, Not Affected |
Present, Potentially Affected |
Not Indicated |
Comment | Applicant Proposed Mitigation |
Agency Imposed Mitigation |
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Air Quality |
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CloseFugitive dust is specifically addressed as a condition in the Fugitive Dust Control Plan portion of the Nevada Division of Environmental Protection (NDEP) Surface Disturbance Permit Application. ORMAT will implement an ongoing program to control fugitive dust from disturbed areas using BMPs. It is anticipated that fugitive dust emissions would be controlled primarily on gravel roads with the use of water or chemical dust suppressants. Additional BMPs may be used if watering or chemical suppressants are not sufficient for controlling fugitive dust emissions.
Emissions of non-condensable gas are not expected during normal plant operations. However, some of the binary working fluid would be released to the atmosphere from rotating seals and flanges and from the process of purging the buildup of air that has leaked into the binary turbine condenser. These binary working fluid emissions will be regulated and monitored under a Class II (non-major) permit issued by the NDEP Bureau of Air Pollution Control (BAPC). A 25-mile per hour (mph) speed limit will be posted on the access roads leading to the site, with a 15-mph limit posted inside the power plant fenced area for safety reasons and to reduce dust emissions. Access roads and other traffic areas will be maintained on a regular basis to minimize dust and provide for safe travel conditions. |
Cultural Resources |
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CloseORMAT will avoid identified eligible and potentially eligible cultural resource sites that have been identified in surveys of the site and the transmission line route, whenever possible during design, construction, and operation of the project.
A buffer of approximately 30 meters would be established during construction only, and flagging will be placed around all eligible and potentially eligible cultural resource sites to help provide protection to the sites. Project equipment and facilities will not encroach into the established 30-meter buffer zone. Erosion control methods will be employed to prevent run-off that could affect nearby cultural sites. ORMAT will limit vehicle and equipment travel to previously established roads and construction areas. All eligible and potentially eligible sites will be protected from entry during the construction of the power plant and associated facilities. |
CloseFor 15 sites where impacts cannot be avoided, an approved mitigation plan has been developed and will be implemented to meet the requirements of the State Historic Preservation Office and the BLM.
Any unplanned discovery of cultural resources, items of cultural patrimony, sacred objects or funerary items would require that all activity in the vicinity of the find cease, and the appropriate contact at the State Historic Preservation Office be notified immediately by phone with written confirmation to follow. The location of the find will not be publicly disclosed. Any human remains must be secured and preserved in the place until the authorized officer issues a Notice to Proceed. ORMAT would enter into a programmatic agreement with the State Historic Preservation Office to curate, protect, and monitor cultural resources. Prior to construction, ORMAT will conduct mandatory training of workers regarding the potential to encounter historic or prehistoric sites and objects, the proper procedures in the event that cultural items are encountered, prohibitions on artifact collection, and prohibitions on disclosure of the location of culturally sensitive areas |
Wildlife Resources |
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CloseTrash and other waste products will be placed in containers with covers to prevent access by wildlife. The waste will be collected by a local sanitation company and properly disposed of at the City of Elko landfill.
A 25-mph speed limit will be posted on the access roads leading to the site, with a 15-mph limit posted inside the power plant fenced area. Currently, employees and contractors are strictly prohibited from carrying firearms on the job site to discourage illegal hunting and harassment of wildlife. This policy will be continued as the facility becomes operational. Sage Grouse Monitoring
Sage Grouse Collaring
male and female sage-grouse for the purpose of determining sage-grouse activities in relation to the power plant and transmission line. Noise Monitoring
determine noise levels at leks and whether 1) noise levels above ambient can be attributed to Ormat operations and 2) whether environmental protection measures, such as additional noise reduction measures at the power plant, should be implemented. |
CloseTo avoid destruction of birds, nests, eggs, or young, ORMAT will avoid land clearing of native vegetation during the avian breeding season (April 1 to August 15). If it becomes necessary to clear any area during the breeding season, a qualified biologist would conduct a survey for active nests within areas to be cleared of vegetation. If active nests are located, a protective buffer zone will be established. The size of the buffer zone will be based on the species identified and be approved by the relevant agency. The buffer zone would remain in place until it is confirmed that the young have fledged.
In collaboration with the Nevada Department of Wildlife (NDOW), ORMAT will develop and implement a Noxious Weed Control Plan. In collaboration with NDOW, ORMAT will install two pipeline crossings to facilitate the migration of mule deer and other big game species through the project site. The Greater Sage Grouse Conservation Measures Implementation Plan was prepared by ORMAT, BLM, NDOW and DOE. The Implementation Plan, presented in Appendix A, provides a number of measures to be included as part of the Tuscarora Facility and Transmission Line projects to protect sage grouse. Those measures are presented below. General Measures (See Appendix A for additional EPMs)
If noise monitoring, described in A.8 below determines noise levels at the monitored leks is greater than 35 dBA during the time period of midnight to 5 a.m. and that exceedance is due to ORMAT operations rather than natural conditions such as wind and weather, then the following actions will be taken:
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Invasive, Nonnative Species |
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CloseVehicle traffic will be restricted to defined roads or overland travel routes to reduce potential mechanical transport of noxious weed seeds. |
CloseIn collaboration with the Nevada Department of Wildlife (NDOW), ORMAT will develop and implement a Noxious Weed Control Plan.
When working in areas of established noxious weed or invasive species populations, such as hoary cress (Cardaria draba) and cheatgrass (Bromus tectorum), equipment will be washed prior to leaving the site to reduce spread of these weed species. |
Wastes Hazardous or Solid |
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CloseORMAT geothermal power facilities utilize pentane as the working fluid in the generation cycle.
Due to the flammability of pentane and the quantity on-site, ORMAT is required to comply with several permitting requirements including the Nevada Chemical Accident Prevention Program (CAPP). CAPP requirements fall into one of three categories: accident prevention, emergency response, or public right-to-know. Through the accident prevention program, facilities are required to: evaluate and mitigate hazards, understand the design parameters of their processes and operate within the appropriate design limits, prepare comprehensive operating procedures, thoroughly train operators in those procedures and maintain the facility equipment and instruments to prevent premature failure. Through the emergency response program, facilities are required to develop an action plan for dealing with potential emergency situations and they are further required to coordinate emergency response activities with local responders, to ensure that the responders are prepared to deal with the emergencies appropriately. |
Fire Resources |
underneath Public Health and Safety |
CloseThe BLM Elko District Office (775-753-0200) will be notified of any wildland fire, even if the available personnel can handle the situation or the fire poses no threat to the surrounding area. Additionally, the Elko Interagency Dispatch Center will be notified (775-748-4000).
A list of emergency phone numbers will be available on-site. All vehicles shall carry at a shovel and a conventional fire extinguisher. Adequate fire-fighting equipment (diesel motorized fire pump and dedicated fire water system approved by the Elko County Fire Marshall, a shovel, a Pulaski, standard fire extinguisher(s), and an ample water supply) shall be kept readily available at a minimum of five locations at the facility. Vehicle catalytic converters (on vehicles that enter and leave the site on a regular basis) shall be inspected often and cleaned of all flammable debris. All cutting/welding torch use, electric-arc welding, and grinding operations shall be conducted in an area free, or mostly free, from vegetation. An ample water supply and shovel shall be on hand to extinguish any fires created from sparks. At least one person in addition to the cutter/welder/grinder shall be at the work site to promptly detect fire created by sparks. In the power plant area, all hot work will require a special operator permit. Personnel will be responsible for being aware of and complying with the requirements of any fire restrictions or closures issued by the BLM, as publicized in the local media or posted in the field or on the Elko District website. |
Induced Seismicity Impact |
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CloseThe water recharge techniques used in binary cycle projects have not been shown to induce seismic events and therefore make seismic events much less likely than those used for geothermal projects that involve increasing pressure in the underground reservoir or fracturing rock (these are called “enhanced geothermal projects”). |
Soils |
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Vegetation |
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Geology and Minerals |
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Migratory Birds |
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Threatened and Endangered Species |
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Wetlands and Riparian Zones |
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Native American Concerns |
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Noise |
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Visual Resources |
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Lands and Realty |
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Social Values |
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Economic Values |
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Environmental Justice |
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Public Health and Safety |
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Floodplains |
No FEMA-designated 100-year floodplains are located near the project. |
Wild and Scenic Rivers |
No wild and scenic rivers present. |
Wilderness |
No wilderness areas present. |
Paleontological Resources |
Because no excavation of geologic structures would occur, no paleontological resources would be impacted |
Recreation |
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 |
No Areas of Critical Environmental Concern present. |
Prime or Unique Farmlands |
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 |
No wild horses or burros present |
Water Quantity |
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CloseImpacts to surface waters are primarily associated with increased sedimentation to Hot Creek
from disturbance adjacent to the creek. This impact would typically be controlled through implementation of BMPs described in Section 2.1.7. With implementation of BMPs, sedimentation in Hot Creek would be minimized. Operational management practices are designed to maintain productivity and longevity of the geothermal resource field by manipulating volume, pressure, and temperature at specific injection locations. This return of geo-fluid and recirculation through the system should continue pressure in the entire geothermal system including surface expressions of the geothermal resource at the existing hot springs. However, it is conceivable a potential impact could reduce water flow from the hot springs into Hot Creek. Reduced flow would be a result of volumetric losses associated with geo-fluid heat losses or injection or operations systems reducing pressure support for surface geo-fluid flows. If reduced hot spring flow were to occur, this could impact the volume of water available to use for irrigation by the Spanish Ranch. If reduced flow from the hot springs occurs, ORMAT would develop measures to ensure sufficient water is available to the Spanish Ranch for irrigation. This supplemental water would either consist of supplying geothermal fluid to the ranch from the injection lines, supplying groundwater from the fresh water well, or another method agreed upon by ORMAT and the Spanish Ranch. |
CloseAccess across drainages, seeps, and springs will be avoided wherever possible. Culverts will be used if necessary to cross any large drainage.
Silt fences and/or straw waddles will be used in areas requiring sediment control. Buffer zones will be established along water bodies to restrict access, thus minimizing potential impacts from erosion or other spills. ORMAT will develop a stormwater management plan pursuant to Nevada Administrative Code (NAC) 445A.236, Stormwater General Permit NVR10000. The stormwater General Permit will cover construction and maintenance of all culverts installed on the access road, use of BMPs at the disturbance sites along the transmission line, and BMPs for the plant pad and other disturbance in the plant area (well pads, pipelines, etc.). Ground water monitoring will be conducted for adjacent public land seeps and springs important to the area wildlife. Surface water monitoring of adjacent public land seeps, including Public Water Reserve (PWR) 05598, and springs important to the area wildlife is described in detail in Appendix A. Environmental measures that would be triggered by impacts to diminished flow are also described in Appendix A. |