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Renewable Energy Development Issues:
Environmental Review
Emily Capello, Aspen Environmental Group
May 5, 2014
WINDPOWER 2014
“Pre-Conference Technical Training Session”
Contents
• Jurisdiction and Permitting
• Environmental Impacts of Solar Development
• Environmental Impacts of Wind Development
• Avian Impacts and Incidental Take Permits
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Utility Scale Renewable Generation: Jurisdiction under CEQA & NEPA
• Federal: Bureau of Land Management (BLM)
On public lands: Lead agency for NEPA, National Historic Preservation Act, and other federal law compliance
• State: California Energy Commission (CEC)
Lead agency California Environmental Quality Act for solar thermal or geothermal power plants 50 MW or greater
CEC has no jurisdiction over wind or solar photovoltaic (PV) projects (unless they were first approved as solar thermal)
• Local: Counties or Cities
Conditional Use Permits for solar PV projects and wind, and for solar thermal or geothermal less than 50 MW
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Renewable Generation: Biological Resources Permitting
• Federal: US Fish and Wildlife Service
Biological Opinion
• State: California Department of Fish and Wildlife
Incidental Take Permit
Lake and Streambed Alteration Agreement
• Example: California Valley Solar Ranch (County jurisdiction)
Conditional Use Permit: 148 Conditions of approval
BO: 25 general conditions, additional species-specific conditions
ITP: 45 conditions
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Primary Environmental Impacts - Solar Biological Resources
Loss of habitat and individuals (wildlife, plants)
Bird collision & heat (flux) effects
Avian mortality in 2013: Genesis (trough) – 139
Desert Sunlight (PV) – 83
ISEGS (power tower) – 160
Visual Resources Extensive changes to vistas
Glint and glare
Cultural Resources Landscape-scale impacts
Large numbers of arch sites affected; human remains
Ivanpah SEGS Construction
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Primary Environmental Impacts - Wind
Birds and bat collisions with turbine blades
Permanent access roads; construction disturbance from turbine assembly & installation
Habitat fragmentation (from construction, roads, operational disturbance)
Visibility: Turbines can be visible from large distances (varies with terrain and turbine size)
Night lighting requirements
Avian Collisions
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Concern over avian collision challenging due to the wide range of protected species
Source: USFWS
Source: CDFW
Golden Eagle
Range
Condor Range
Take Permits Eagle Take Permits
50 CFR Parts 13 and 22
Went into effect November 2009
Authorize limited take of bald eagles and golden eagles where the take to be authorized is associated with otherwise lawful activities.
December 2013 revised regulation to extend maximum take period up to 30 years
First eagle take Draft EA issued for the Shiloh IV wind project. No decision yet.
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Conclusions Renewable energy projects remain high priority for
approval at state and federal levels to meet GHG reduction goals
Mitigation and permitting requirements are substantial
Many new analysis and permitting procedures have been developed in the past 5 years
Types of mitigation are still being developed
Use of eagle permits is still in the early stages
Contact Information:
Emily Capello
Aspen Environmental Group
(415) 696-5312
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