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1.0 INTRODUCTION 1.1 GENERAL OVERVIEW The Ely District Office of the Bureau of Land Management (BLM) has prepared this Draft Environmental Impact Statement (EIS) in response to a right-of-way (ROW) application
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1.0 INTRODUCTION 1.1 GENERAL OVERVIEW The Ely District Office of the Bureau of Land Management (BLM) has prepared this Draft Environmental Impact Statement (EIS) in response to a right-of-way (ROW) application submitted by the Lincoln County Water District (LCWD or Applicant) to construct and operate the Lincoln County Land Act Groundwater Development and Utility Right-of-Way Project (Proposed Action). The LCWD, in cooperation with the Lincoln County Power District No. 1 (LCPD), and the Lincoln County Telephone Company (LCT), intends to construct groundwater facilities and ancillary utility infrastructure designed to pump and convey groundwater that has been permitted or may be permitted by the Nevada State Engineer (NSE) in the Clover Valley and Tule Desert Hydrographic Areas for use by LCWD customers; specifically the Lincoln County Land Act (LCLA) development area north of Mesquite, Nevada. In addition, Southwest Gas Corporation (Southwest Gas) is proposing to construct and operate a natural gas line and metering facility within the southernmost portion of the water project corridor to serve planned development in the LCLA area. Table 1-1 identifies the entities responsible for constructing and operating the various features of the Proposed Action. Table 1-1 Features of the Proposed Action Facility Water Facilities Groundwater production/monitoring wells (well fields in the Clover Valley and Tule Desert Hydrographic Areas) Water collection/transmission pipelines Water pipeline booster stations Water storage tanks Electric Utility Facilities Electrical transmission lines Electrical distribution lines Electrical substations Natural Gas Facilities A natural gas pipeline and metering station Communication Facilities Buried telemetry system/fiber optic lines Ancillary Facilities Temporary and permanent access roads to wells and other facilities Staging/storage areas during construction Entity Responsible for Constructing and Operating Facility Lincoln County Water District Lincoln County Water District or Lincoln County Power District No. 1 Southwest Gas Lincoln County Water District or Lincoln County Telephone Company To be coordinated among the various utilities sharing the permitted ROW The project facilities would be located in southeastern Lincoln County, Nevada, within or immediately adjacent to the 2,640-foot wide utility corridor established by the Lincoln County Conservation, Recreation, and Development Act (LCCRDA) under Public Law Enacted on November 30, 2004, the LCCRDA designated utility corridors to be used for ROWs for roads, wells, pipelines, and other infrastructure needed for construction and operation of a water conveyance system in Lincoln County. The project alignment would be oriented north to south; between the Clover Mountains in the northern reach and the Mormon Mountains to the west, and terminating in the LCLA development area at the southern terminus (Map 1-1). Project construction is estimated to take between 18 and 24 months to complete, and would begin upon completion of the NEPA process and acquisition of necessary permits and approvals. The Applicant proposes to pump groundwater from up to 30 deep-carbonate groundwater wells; 14,480 acre-feet/year (AFY) from 15 wells in the Clover Valley Hydrographic Area and 9,340 AFY from 15 wells in the Tule Desert Hydrographic Area. As of January 2008, the Nevada State Engineer (NSE) has granted an appropriation of 2,100 AFY to the LCWD for groundwater withdrawal within the Tule Desert Hydrographic Area. Water rights applications for additional groundwater withdrawal by LCWD in the Clover Valley and Tule Desert Hydrographic Areas are still pending before the NSE. ROW grants may be issued based on future agreements between the LCWD and LCPD/LCT and the analysis in this EIS. If a single ROW is issued, the LCWD would be responsible for construction and operation of all the proposed facilities needed to develop and transport groundwater subject to the terms and conditions of the grant. In the single ROW grant option, the LCWD would purchase electric and communication services from LCPD and LCT at a location(s) as designated in the agreements, but all physical facilities within the ROW would be owned and operated by the LCWD. If multiple ROWs are issued, the LCWD, the LCPD and LCT facilities would be authorized under separate ROW grants. The ROW for Southwest Gas would be a separate grant issued pursuant to Section 28 of the Mineral Leasing Act under either option. A single ROW issued to the LCWD for the water production/delivery system, electrical distribution system, and fiber optic lines, would be issued in perpetuity. This ROW would be granted pursuant to Title III of the LCCRDA and in the case of facilities outside the boundaries of the ROW corridor, the Federal Land Policy and Management Act (FLPMA). Individual ROWs issued to the LCPD and LCT would be subject to the terms and conditions of the FLPMA and 43 CFR The BLM, as the federal agency responsible for issuing the ROW(s), lead the preparation of this Draft EIS. The Council on Environmental Quality (CEQ) guidelines direct federal agencies to actively engage state, local, and other federal agencies in preparation of analyses and documentation associated with the National Environmental Policy Act (NEPA) (42 United States Code [U.S.C.] 4331[a], 4332[2]). The Moapa Valley Water District, National Park Service (NPS) Lake Mead National Recreational Area, Nevada Department of Wildlife (NDOW), Nevada Department of Conservation and Natural Resources, U.S. Army Corps of Engineers (Corps), U.S. Fish and Wildlife Service (USFWS), and the U.S. Geological Survey (USGS) were invited to participate as cooperating agencies in preparation of the Draft EIS for the Proposed Action. The NDOW and USFWS accepted the BLM s invitation and have signed Memoranda of Understanding outlining their responsibilities as cooperating agencies. By accepting cooperating agency status, the agencies accept obligations to contribute staff to the EIS team and develop analyses for which they have particular expertise. Although the Draft EIS is ultimately a BLM document, the BLM has agreed to use the analyses, proposals, and comments of the cooperating agencies to the maximum extent possible. 1-2 1.2 PURPOSE AND NEED The purpose of the action is to provide public land for the transport of groundwater resources by allowing for the construction of a groundwater development and conveyance system on public lands managed by the BLM. The multiple-use mission of the BLM includes managing activities such as mineral development, utility system development, energy production, recreation, and grazing, while conserving natural, historical, cultural, and other resources on the public lands. The BLM s objective is to meet public needs for use authorizations such as ROWs, permits, leases, and easements while avoiding or minimizing adverse impacts to other resource values. The proposal to construct, operate and maintain a groundwater conveyance pipeline on public lands would be in accordance with this objective. In order to convey the groundwater from the Tule Desert and Clover Valley Hydrographic Areas to the LCLA development area, the LCWD has submitted a ROW application to the BLM for the Proposed Action. The Proposed Action includes construction and operation of groundwater production wells, pipelines, pumping stations, storage facilities, telemetry facilities, fiber optic communication service, power facilities, and natural gas pipelines (as outlined above) that cross or occupy BLM-administered public lands. Pursuant to Title III of the LCCRDA, Congress directed the BLM to conduct a NEPA analysis of any ROW application submitted for the construction and operation of utility infrastructure within the designated 2,640-foot wide LCCRDA utility corridor. This Draft EIS is intended to fulfill the requirements of the NEPA by disclosing the potential environmental impacts of granting the requested ROWs for the Proposed Action and those of a reasonable range of alternatives to the Proposed Action. The BLM must decide whether, and if so, under what conditions it will grant ROW(s) to enable construction and operation of the proposed facilities on public land. 1.3 RATIONALE FOR RIGHT-OF-WAY APPLICATION The Applicant is seeking ROW from the BLM for the purpose of developing and conveying groundwater that has been permitted or may be permitted to the LCWD in the Tule Desert and Clover Valley Hydrographic Areas for use by LCWD customers. The purpose of the Proposed Action is to provide facilities for the production and transportation of water resources on and across areas of federal land. Included in the Proposed Action is construction and operation of a natural gas pipeline and metering facility for Southwest Gas within the southernmost portion of the water project corridor to serve planned development in the LCLA development area. The Proposed Action would assist in meeting a portion of the water demands within Lincoln County and is a component of the 2001 Lincoln County s Water Plan which includes: Assist and support the needs of local communities in Lincoln County including the LCLA development area. Meet the needs of future economic development within Lincoln County. Produce, purchase, wholesale, and transport water from sources inside and outside of Lincoln County to meet customer water needs across the region. 1-3 The BLM s approval of the ROWs would assist the LCWD in meeting the goals of the county s Water Plan. 1.4 PROJECT BACKGROUND On June 11, 2003, Nevada s Governor signed the Lincoln County Water District Act, which established the LCWD as a political subdivision of the state (Chapter 474, Statutes of Nevada 2003). The special legislative act created a single governmental entity with the authority to serve water to all real property located within the boundaries of Lincoln County. Further, the act authorized LCWD to sell water and water rights and to enter into agreements with private entities or corporations for the transfer or delivery of any water right or water appropriated (id at Sections 11[7], 11[11], and 11[12]). The LCCRDA directed the United States Secretary of the Interior to complete the sale of lands identified in the Lincoln County Land Act (LCLA) Public Law The LCLA directed the United States Secretary of the Interior to sell certain public lands in Lincoln County through a competitive sale process, including the eight parcels (13,300 acres) that make up the LCLA development area. The parcels vary in size from 666 to 4,257 acres. These lands were identified for disposal in the approved Caliente Management Framework Plan (MFP) Amendment and Record of Decision for the Management of Desert Tortoise Habitat (BLM 2000) and its associated Biological Opinion (file number F-450, USFWS 2003). The LCLA lands are currently undeveloped but are being planned by Lincoln County as a Planned Unit Development, referred to as the LCLA Development Area (Lincoln County Planning Commission 2006). On February 5, 2005, the BLM auctioned the LCLA lands in several parcels which were sold to private developers for a combined total of $47.5 million. As the public agency responsible for coordinating and developing regional water supplies within Lincoln County, the LCWD intends to develop infrastructure to convey groundwater to the LCLA development area, an area within their service territory. 1.5 POLICIES, PLANS, AND PROGRAMS The following subsections provide an overview of agency authorities and responsibilities that apply to the Proposed Action. The overview is not intended to be exhaustive or all-inclusive. The approval or denial of ROW authorizations by the BLM is not contingent upon any of the agency actions described below. However, construction and operation of the proposed ROW(s), if the ROW application(s) are approved, may not proceed until all applicable reviews, consultations, and authorizations are completed Relationship to BLM Policies, Plans and Programs The BLM Ely District office and the Caliente Field Station are responsible for managing the BLM lands where the Proposed Action would be developed. In late 2005, the BLM Nevada State Director established the Nevada Groundwater Projects Office to facilitate the preparation of the EIS for this Proposed Action and two similar ROW applications for groundwater development in eastern Nevada. Although the Nevada State Office is responsible for preparing the EIS, the Nevada Groundwater Projects Office staff coordinates all efforts with the Ely 1-4 District office and Caliente Field Station staff. The BLM Ely District Manager is the authorized officer for this EIS. Land management on the BLM lands is guided by land use plans specific to each BLM planning area. Before 1985, the BLM s land use plans were called Management Framework Plans (MFPs). Since 1985, the BLM s land use plans are called Resource Management Plans (RMPs). Table 1-2 below lists MFPs and RMPs that guide land use within the project area. 1 2 Table 1-2 BLM Land Use Plans Applicable to the Project Area Date of BLM Approval Plan 1981 Caliente Management Framework Plan 1999 Amendment to Caliente Management Framework Plan Proposed Resource Management Plan/Final EIS for the Ely Field Office 2 Caliente MFP amended to address the management of threatened desert tortoise habitat in southern Lincoln County (Federal Register June 16, 1999, Vol. 64, No. 115). The BLM Notice of Availability of the Proposed RMP/EIS for the Ely District which was distributed for public review on November 30, 2007 (Federal Register November 30, 2007, Vol. 72, No. 230, ). Until the currently proposed RMP for the Ely District is finalized and in effect, the management of the Caliente Resource Area and federal actions pertaining to the Proposed Action follow the directives in the 1999 Amended Caliente MFP. The issuance of ROWs across BLM-managed public lands is outlined under Title V of the FLPMA. Title V states that in designating rights-of-way corridors and in determining whether to require that ROW be confined to them, [BLM] shall take into consideration national and state land use policies, environmental quality, economic efficiency, national security, safety, and good engineering and technological practices (43 U.S.C. 1763). The FLPMA further directs that each rights-of-way permit contain terms and conditions to protect federal property and economic interests, protect lives and property, and otherwise protect the public interest in the lands traversed by the ROW or adjacent to them (43 U.S.C. 1765) Relationship to Non-BLM Policies, Plans, and Programs Water Rights As noted in the LCCRDA, the establishment of utility corridors and ROWs, in and of themselves, has no bearing on water rights adjudications in Nevada, which are solely under the jurisdiction of the NSE. Water rights, pumping rates, volumes of water proposed for transfer annually to the LCLA development area, and place of use proposed for transfer across public lands and monitoring requirements are outside the jurisdiction of the BLM. Table 1-3 presents the individual water right applications submitted by LCWD and pertaining to the Proposed Action. 1-5 Table 1-3 Water Rights Application Submitted by LCWD and Pertaining to the Proposed Action Date of Application Application Number(s) Discussion 12/11/ Submitted for appropriation of groundwater up to 14,500 AFY in the Tule Desert Hydrographic Area. These applications were protested by the NPS and Virgin Valley Water District. The NPS withdrew its protests based on a stipulation (Ruling 5181; November 26, 2002) entered into with the LCWD. The remaining protest was overruled in part and upheld in part by the reduction of groundwater permitted under the applications. Application was granted in the amount of 2,100 AFY. Application was granted; however, it is being held in abeyance by the NSE while the LCWD conducts additional groundwater investigations. 1,2 11/8/ Submitted to change the point of diversion and place of use of water requested for appropriation under Application This change application was granted in the same quantity as Application 64693, thereby abrogating it. 8/31/ Submitted for appropriation of groundwater up to 14,480 AFY in the Clover Valley Hydrographic Area. All four of these applications are classified as Ready for Action (Protested) by the NSE 3. Notes: 1 These investigations include the amount of underground water available from the Tule Desert Hydrographic Area, amount of recharge to the area, and the direction of groundwater flow. 2 A copy of Ruling No which outlines agreed upon monitoring, management, and mitigation measures subject to this decision, is provided in Appendix A1. 3 Ready for Action (Protested) is an official term from the State Engineer's database. All necessary documentation has been submitted to the NSE by the Applicant, but the water rights have been protested by another party, meaning there is a dispute and the decision is still pending Regional Planning While the Caliente MFP guides land use decisions and management actions on BLMadministered lands within the Caliente Management Area (see Section 1.5.1), other established policies or programs of other federal, state, and local regulations or guidelines apply to the Proposed Action. Other federal plans applicable to land use in the region include: The USFWS Desert Tortoise (Mojave Population) Recovery Plan (USFWS 1994b) and the Recovery Plan for the Southwestern Willow Flycatcher (USFWS 2002). Desert tortoise habitat is present in the southern portion of the project area. There is no habitat for the southwestern willow flycatcher within the project area. The nearest habitat for this species is located in the Meadow Valley Wash, which is in a separate watershed approximately 20 miles west of the project area. The BLM, in cooperation with the U.S. Department of Agriculture Forest Service and the U.S. Department of Defense (DOD), has issued a draft Programmatic EIS to evaluate issues associated with the designation of energy corridors on federal lands in 11 western states including Nevada. Based on the information and analyses developed in the 1-6 Programmatic EIS, each agency would amend its respective land use plans by designating a series of energy corridors. Designated utility corridors within the project area include the 2,640-foot wide LCCRDA corridor. Local regulations and guidelines that now or in the near future will guide development activities on private lands within the project area include: Lincoln County Water Plan (Resource Concepts, Inc. 2001), 2006 Annual Report Lincoln County Comprehensive Economic Development Strategy (Board of Lincoln County Commissioners 2007), and Lincoln County Master Plan, adopted December 2006 (Lincoln County Planning Commission 2006). Lincoln County is preparing a Habitat Conservation Plan (HCP) specifically addressing development of private lands within the LCLA Development Area. The Southeastern Lincoln County HCP is currently under development. Prior to construction, the Applicant would need to obtain other permits and approvals from federal, state, and local agencies with respect to their jurisdictions. Other potential permits and approvals are discussed in Section SCOPING The NEPA is procedural and designed to ensure that the environmental consequences of major federal decisions are known and available to public officials and the public before decisions are made and actions are undertaken. Public scoping assists in the environmental review process by providing a means to inform the public about activities that involve a federal action and solicit their comments regarding the proposed action. The BLM considered comments received through public scoping when developing the scope, content, and alternatives to be analyzed in this Draft EIS. A Notice of Intent to prepare this Draft EIS was published in the Federal Register (Volum
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