      
|
Telephone Flat Geothermal Development Project Final EIS/EIR
|
1.9 Geothermal Lease Stipulations
|
|
The environmental assessment prepared pursuant to
NEPA for geothermal leasing in the Glass Mountain
KGRA recommended, and the action approved by the
agencies included special stipulations, to be applied
to certain areas when the geothermal leases were
issued. Consequently, the special stipulations
prescribed by the leasing decision were appended to
relevant geothermal leases when issued. The six
geothermal leases (CA12370, CA12371, CA12372,
CA13803, CA21933, and CA2500) comprising the
proposed Participating Area were issued over the
period 1981-1988 with special stipulations relevant to
environmental resources within the lease areas.
Selected stipulations potentially relevant to this
EIS/EIR are identified below by lease number.
Lease 12370 (Stipulation 4):
|
4. |
Surface occupancy of the following
described lands may be denied if in the
opinion of the Forest Supervisor and
the DCM-Geothermal [Deputy
Conservation Manager], significant
adverse impacts on the ongoing
recreational uses would result from the
proposed operations. These lands are
under a recreational withdrawal under
Public Land Order 2460 dated May 26,
1962, for public recreational uses.
These lands are:
T. 43 N., R. 3 E., MDM
Sec. 1, lots 1 to 4, inclusive S½N½,
S½;
Sec. 12, All.
|
Lease 12371 (Stipulation 4):
|
4. |
Surface occupancy of the following described lands may be denied if in the opinion of
the Forest Supervisor and the DCM-Geothermal [Deputy Conservation Manager] 5,
significant adverse impacts on the ongoing recreational uses would result from the
proposed operations. These lands are under a recreational withdrawal under Public Land
Order 2460 dated May 26, 1962, for public
recreational uses. These lands are:
T. 43 N., R. 3 E., MDM
Sec. 13, All;
Sec. 14, N½;
Sec. 15, N½.
|
Lease 12372 (Stipulation 4):
|
4. |
Unless the lessee can demonstrate that his proposed operations will not significantly
affect the unique lava fields and geologic features to the Forest Supervisor, surface
occupancy of the following described lands will not be permitted:.
T. 43 N., R. 4 E., MDM
Sec. 8, N½N½.
|
Lease 21933 (Stipulations 1 and 2):
|
1. |
Existing water in stock tanks, ponds, lakes, reservoirs, springs, creeks, or streams is not available for use in any activity unless specifically permitted by the Forest Supervisor, except where the lessee has water rights or the authorized use of such water rights. Access for wildlife at all natural water sources appropriated for operational uses, must be provided. No surface disturbance is
allowed within 700 feet of streams, lakes, ponds, springs, wet meadows, or other water
sources unless specifically permitted by the Forest Supervisor.
|
|
2. |
No surface-disturbing activities will be
allowed on the following described
lands, unless the lessee can demonstrate
to the satisfaction of the Forest Service
and the Bureau of Land Management
through an appropriate Plan of
Operation or permit application that
unacceptable environmental impacts
will not occur to areas with exceptional
visual qualities.
Sec. 25, SW¼;
[within T. 43 N., R. 3 E., MDM]
Sec. 19, N½N½, S½NW¼, SW¼.
[within T. 43 N., R. 4 E., MDM]
|
Lease 2500 (Stipulation 3):
|
3. |
The lessee shall not use, or cause to be
used, the existing water contained in
stock tanks, ponds, lakes, reservoirs,
springs, creeks, or streams unless
specifically authorized by the Forest
Supervisor. This limitation shall not
apply to areas where the lessee has the
water rights or the authorized use of
such right. Access for wildlife watering
at all natural water sources
appropriated for the lessee’s
operational use shall be provided for.
This stipulation applies to Sec. 24, T. 43
N., R. 3 E., M.D. Mer.
|
|
|
Project scoping began at an introductory meeting at
the Modoc National Forest Supervisor’s office in
Alturas, California on April 18, 1997. The meeting
was attended by the Project Steering Committee,
interdisciplinary team (IDT) representatives of the
Modoc National Forest, and Environmental
Management Associates, Inc. (EMA), the
agency-selected third-party contractor retained to
prepare the EIS/EIR. Subsequent internal meetings
were conducted among responsible agency
representatives, agency IDT members, and other
consulting and trustee agency representatives.
|
|
The SCAPCD circulated a Notice of Preparation for
the joint EIS/EIR for the Project on May 16, 1997 to
responsible state and federal agencies and to trustee
agencies responsible for natural resources which may
be affected by the Project.
Formal public scoping began on May 20, 1997 when
the Environmental Protection Agency published the
Notice of Intent (NOI) to prepare the joint EIS/EIR
for the Proposed Action and to amend, if necessary,
the Forest LRMP in the Federal Register. An
Interested Parties (IP) letter was distributed to the
approximately 800 individuals and entities on the
interested parties mailing list, which included entities
which had previously expressed interest in
geothermal development activities in the Medicine
Lake area.
|
|
Announcements of public scoping meetings were
published in four local newspapers. In addition, the
IP letter included an announcement and invitation to
interested parties to attend the scheduled public
scoping meetings.
Formal public scoping meetings were conducted in
Yreka, Dorris, Tulelake, and MacArthur, California
on June 9, 10, 11, and 12, 1997, respectively. As a
result of local public interest, a supplemental scoping
meeting was also conducted in Mt. Shasta, California
on July 1, 1997, and the formal public scoping period
was extended through July 15, 1997.
Project presentation meetings were conducted with
the Siskiyou County Board of Supervisors in Yreka
and the National Park Service at the Lava Beds
National Monument headquarters office on June 10
and 11, 1997, respectively. Presentation meetings
were also conducted with Pit River Tribe
representatives on July 2, 1997, and with
Klamath/Modoc Tribes representatives on
September 9, 1997.
|
|
1.10.3 Identified Issues and Concerns
|
|
1.10.3.1 Comments Received During Scoping
|
|
Approximately 660 written comments were received
during the formal scoping period. A bulleted
summary of the environmental issues or concerns
identified during scoping by interested public and
responsible agencies was sorted into relevant
environmental resource topics using the topical
organization of this EIS/EIR (see Exhibit 1).
|
|
1.10.3.2 Comments Received on Previous Projects
|
|
In addition to the issues and concerns that were
identified during the formal scoping period for the
Project, the respective agencies had previously
conducted public/agency scoping for previous
exploration and development of the geothermal
resource within the Medicine Lake Highlands.
Between 1994 and 1996, the BLM, USFS and
SCAPCD conducted formal agency/public scoping
for three geothermal exploration/development
proposals. These projects included: the Glass
Mountain exploration proposal by CEGC; the
Fourmile Hill exploration proposal by Calpine
Corporation; and the Fourmile Hill geothermal power
plant proposal by Calpine Corporation. The issues
and concerns identified for these earlier projects were
reviewed for their applicability to the Telephone Flat
Project proposal and, if appropriate, have been
incorporated into the analysis provided in this
EIS/EIR.
|
|
The following list of concerns regarding the proposed
Project were identified as key issues, based on either
preliminary assessment of potential impacts,
observed public interest, or potential controversy.
- Concern that geothermal development in the
Medicine Lake Highlands may affect
groundwater resources and adversely impact
the quality or quantity of flow observed in the
Fall River headwater springs group. These
springs support threatened and endangered
species and aquatic and riparian habitat,
support a highly regarded sports fishery,
contribute to hydroelectric power downstream
of the springs, and provide a substantial
portion of the recharge to Shasta Lake.
- Concern that geothermal development is
industrial-like in nature and could conflict with
the natural, serene existing environment in the
Medicine Lake area. Project construction, well
drilling, and power generation operations
could conflict with existing land uses since the
Project is located in the Medicine Lake Basin
near developed residential properties and
concentrated recreational facilities around
Medicine Lake. Conflicts could result from
Project visibility, noise, air emissions, and/or
traffic. In particular, the proximity of the
power plant site to residential properties may
result in intrusive noise impacts.
- Concern by Native Americans, in particular
the Klamath/Modoc and Pit River Tribes, that
geothermal development in the Medicine Lake
area would adversely impact areas or resources
historically used by the Tribes or affect places
of spiritual significance to the Tribes.
- Concern that malodors resulting from
hydrogen sulfide emissions released during
well drilling, well testing, power plant facility
emissions, or intermittent venting of
geothermal steam during power plant
operations could be detected in publicly
accessible portions of the Medicine Lake
Basin.
- Concern that Project facilities, in particular
geothermal fluid pipelines, could be
obstructions, create safety hazards, or affect
the aesthetic experience of snowmobile users
in the Project area.
- Concern that the utility corridor alternative
which is routed through the Medicine Lake
Basin in close proximity to Medicine Lake
would be visible from residential properties
and campgrounds around the lake.
- Concern that proposed geothermal
development, and cumulative or expanded
geothermal development, could change the
area and may lower the value of private
properties in the Medicine Lake basin.
- Concern that geothermal development would
compete with other groundwater users for
limited groundwater resources in the Medicine
Lake Basin, particularly during drought
conditions. Unintentional releases via wells,
pipelines, or spills could impact the quality of
surface waters and/or groundwater.
- Concern that Project facilities and operations
could adversely impact wildlife, in particular,
potentially harmful fluids in surface
impoundments could be an attractive nuisance
and endanger wildlife, potentially harmful
components of aerial emissions from the
Project could impact wildlife, and production
and injection fluid pipelines could restrict
wildlife movement in the area.
- Concern that Project facilities and operations
could represent a health and safety risk to the
public from exposure to air contaminants,
burns from hot pipelines and surface facilities,
and chemical exposures from spills or releases
of geothermal fluid.
The key issues are addressed in the relevant resource
sections of this EIS/EIR.
|
|
1.11 Public Participation on the Draft EIS/EIR
|
|
Both NEPA and CEQA require that a Draft EIS/EIR
be made available to the public for review and
comment. NEPA requires circulation of the Draft
EIS/EIR in 40 CFR Part 1502.19 and the requesting
of comments in 40 CFR Part 1503.1. CEQA requires
agencies to notify the public of the availability of the
Draft EIS/EIR for review and comment (CEQA
Guidelines Section 15087). These requirements are
intended to provide the public with sufficient
opportunity to review the environmental analyses and
findings of the environmental document and to
comment on the Draft EIS/EIR.
Both NEPA and CEQA require that substantive
comments received on the Draft EIS/EIR be included
in the Final EIS/EIR, and that good faith, reasoned
analysis be provided in the responses to these
comments (see 40 CFR Part 1503.4 for the NEPA
requirement and CEQA Guidelines Section 15088).
|
|
The lead agencies conducted a public participation
program in accordance with NEPA and CEQA.
Public notices advising of the preparation of the Draft
EIS/EIR were issued during the EIS/EIR process,
including the following:
- In February 1998, an Interested Parties letter was
mailed to approximately 1300 individuals,
agencies and groups with a return mailer to the
USFS that allowed the Interested Parties to
request the full text of the Draft EIS/EIR or only
the Executive Summary of the Draft EIS/EIR.
- On May 13, 1998, a Notice of Completion of the
Draft EIS/EIR was sent to the State
Clearinghouse.
- On May 13, 1998, a request was submitted to the
EPA for the publishing of a Notice of
Availability of the Draft EIS/EIR in the Federal
Register.
- On May 22, 1998, the Notice of Availability was
published in the Federal Register initiating a
60-day public comment period scheduled to
close on July 22, 1998.
- On May 22, 1998, the Siskiyou County Clerk
posted the Notice of Availability of the Draft
EIS/EIR.
- Public notices of the availability of the Draft
EIS/EIR were also published in area newspapers
including the Siskiyou Daily News and Modoc
County Record on May 22, 1998.
|
|
1.11.2 Draft EIS/EIR Distribution
|
|
Approximately 600 copies of the full text document
of the Draft EIS/EIR for the Telephone Flat
Geothermal Development Project and over 400
additional copies of an Executive Summary of the
Draft EIS/EIR document were distributed to
individuals, agencies and groups.
The full text Draft EIS/EIR was also available for
review at the Modoc National Forest office in
Alturas, California and the Siskiyou County Air
Pollution Control District office in Yreka, California.
In addition, the Draft EIS/EIR was made available for
public review at public libraries in Siskiyou and
Modoc Counties, California and Klamath Falls,
Oregon.
|
|
1.11.3 Public Comment Period
|
|
Following distribution of the Draft EIS/EIR, a public
comment period was provided to allow the public an
opportunity to review and comment on the Draft
EIS/EIR for the proposed Project. Although the Draft
EIS/EIR was initially distributed on May 13, 1998,
the public comment period for the document
officially began on May 22, 1998 when the EPA
published the Notice of Availability of the Draft
EIS/EIR in the Federal Register.
The comment period was scheduled for a duration of
60 days, to close on July 22, 1998; however, in
response to requests for an extension of the comment
period, the deadline to receive comments on the Draft
EIS/EIR was extended another 33 days and officially
closed on August 24, 1998. Public comments
received by the lead agencies through September 29,
1998 were accepted for responses. Thus, the official
public comment period for the Draft EIS/EIR was
93 days, with comments accepted for response over a
period of 129 days.
|
Open-house public meetings on the Draft EIS/EIR
were conducted to provide interested parties the
opportunity to meet with the lead agency
representatives and the environmental professionals
that prepared the resource sections of the Draft
EIS/EIR to discuss any concerns they may have had
about the methods or the findings of the evaluations.
Both agency and Project Applicant representatives
were present and opportunity was provided for
individuals to draft written comments at each of the
meetings. The public meetings were held at the
following locations:
- Tulelake, California on July 6, 1998;
- Mt. Shasta, California on July 7, 1998;
- Yreka, California on July 8, 1998; and
- McArthur, California on July 9, 1998.
|
|
1.11.5 Agency and Public Comments
|
|
A total of four hundred twenty-four (424) comment
letters and completed public meeting comment forms
were received on the Draft EIS/EIR. These were
comprised of 406 comment letters or comment forms
from agencies, groups, and individuals, 11 different
form letters, and 7 petitions (see the Comments and
Responses to Comments volume of the EIS/EIR).
Written comments were also received at the four (4)
open-house public meetings held during the public
comment period. More than 1,700 individual
comments on the Draft EIS/EIR and comments in
support of, or opposition to, the Project were
identified among the comment letters and completed
comment forms submitted to the NEPA/CEQA lead
agencies during the public comment period.
|
Telephone Flat Geothermal Development Project Final EIS/EIR
 |
|
|