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HomeMy WebLinkAbout5/18/2016 - STAFF REPORTS - 5.B. aO,VALMSpy �Z c V N r �oapxn+co an ca<rFORO City Council Staff Report Date: May 18, 2016 NEW BUSINESS Subject: CONSIDERATION OF A CITY COUNCIL PUBLIC COMMENT LETTER IN RESPONSE TO THE ENVIRONMENTAL ASSESSMENT PREPARED FOR THE EAGLE MOUNTAIN BOUNDARY STUDY INCLUDING POSSIBLE WITHDRAWAL FOR JOSHUA TREE NATIONAL PARK From: David H. Ready, City Manager Initiated by: Office of Sustainability SUMMARY At the May 4, 2016, City Council meeting, Council Member Kors requested that the City Council consider issuing formal public comments related to an Environmental Assessment prepared by the National Park Service associated with the Eagle Mountain Boundary Study Including Possible Withdrawal Environmental Assessment, and a requirement for additional environmental studies by the U.S. Bureau of Land Management related to off-site electrical transmission lines associated with the Eagle Mountain Pumped Storage Hydroelectric Project. RECOMMENDATION: 1) Consider the adoption of Resolution No. , "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS CALIFORNIA, URGING THE RETURN OF THE MAXIMUM AMOUNT OF THE BUREAU OF LAND MANAGEMENT'S EAGLE MOUNTAIN LANDS BACK TO JOSHUA TREE NATIONAL PARK AND A FULL ENVIRONMENTAL IMPACT STATEMENT (EIS) FOR THE EAGLE CREST PUMPED STORAGE PROJECT'S TRANSMISSION LINE SO THAT LAND USE MANAGERS AND DECISION MAKERS CAN FULLY UNDERSTAND THE POTENTIAL ADVERSE IMPACT OF THIS PROJECT ON GROUNDWATER, SPECIES AND THE ECOLOGICAL INTEGRITY OF JOSHUA TREE NATIONAL PARK;" and 2) Consider City Council approval and submission of a public comment letter of support to the National Parks Service endorsing Preferred Alternative C for the transfer of Eagle Mountain land from the U.S. Bureau of Land Management to the National Park Service, and requesting that the U.S. Bureau of Land Management conduct a ITEM NO.�[_ City Council Staff Report May 18, 2016 —Page 2 Eagle Mountain Boundary Study/ Eagle Mountain Pumped Storage Hydroelectric Project full and comprehensive Environmental Impact Statement for construction of off-site electrical transmission lines associated with the Eagle Mountain Pumped Storage Hydroelectric Project. STAFF ANALYSIS: On June 19, 2014, the Federal Energy Regulatory Commission (FERC) issued a Hydropower License to Eagle Crest Energy Company to construct, operate, and maintain its proposed Eagle Mountain Pumped Storage Hydroelectric Project, described as a 1,300-megawatt (MW) project located on the site of the inactive Eagle Mountain mine, to operate as a closed-loop, pumped storage facility using an upper and lower reservoir. According to the FERC License, the proposed project operation is described as: The project will use off-peak energy to pump water from the lower reservoir to the upper reservoir during periods of low electrical demand. The operation will be reversed by passing water from the upper to the lower reservoir during periods of high electrical demand. Eagle Crest will use available power produced by existing and proposed wind and/or solar projects in the area to provide at least a portion of the pumping power to the project. The project will also be able to provide ancillary services to the electric grid, including load following, system regulation through spinning and non-spinning reserve, and immediately available 1,300 MW of standby generating capacity. A copy of the FERC License is available on-line at: http://eaglemountainenergy.net/pdfs/EagleCrestEnergyFERCLicense.pdf The FERC License was issued following public review of an Environmental Impact Statement (EIS) prepared specifically for the Eagle Mountain Pumped Storage Hydrolectric Project (FERC Project No. 13123-002), (the "Eagle Mountain Project'); a copy of the Final EIS is available on-line at: https://www.ferc.gov/ind ustries/hydropower/enviro/eis/2012/01-30-12.asp Included as part of the Eagle Mountain Project is construction of transmission systems for electricity via a 12 mile long 500 kilo-Volt (kV) primary transmission line across federal Bureau of Land Management (BLM) lands. Separate BLM approval is required for the Eagle Mountain Project to obtain permits to construct the transmission system. By letter dated December 28, 2015, (included as Attachment 1) the National Park Service (NPS) requested that the BLM fully evaluate the potential environmental impacts associated with the BLM's consideration of granting a right-of-way for the transmission line for the Eagle Mountain Project across federal lands managed by BLM within and adjacent to Joshua Tree National Park. 02 City Council Staff Report May 18, 2016 —Page 2 Eagle Mountain Boundary Study/ Eagle Mountain Pumped Storage Hydroelectric Project As part of a separate action, the NPS has released for public review and is soliciting public comments on the Eagle Mountain Boundary Study Including Possible Withdrawal Environmental Assessment, (the "Boundary Study/EA"). As described in the Boundary Study/EA: The purpose of the study and environmental assessment is to consider whether to expand Joshua Tree National Park to include additional lands in the Eagle Mountain area, and to develop alternatives for protecting cultural, natural, and scenic resources related to the purpose of the national park. This document also evaluates the potential effects of a withdrawal and transfer of jurisdiction of federal lands in the area from the BLM to the NPS to protect resources related to the purpose of Joshua Tree National Park. Public comments are being solicited by the National Park Service until May 27, 2016. A copy of the Boundary Study/EA documents is available on-line at: http://parkplanning.nps.gov/documentsList.cfm?parkl D=310&promectiD=59291 A map showing the Boundary Study area is shown in Figure 1. Los An de^ �Joehua Tree NP San Diego 1WFM1t NI NF PALM u.Fr• npmt 71 aana, YUCCA VAt IfV }PWm 0. I 1f « A * X 1 :i �« 1r Study Area ° snNn Pnm v f� r Im} � Joshua Tree National Park 1� l i }: CATBEDa Al LITY R N',HO grRA4F. L '^ PALM DESERT i '9kni0. ill M41n ar '�� ♦ � ,� Legend Colorado RiwrAquedud -'rq�r•'r�j�.'..eel ;,;, - MSludyArea ,W QPam Boundary ---Traft _ B Visitor Center -- Dirt Road _ ti ■ Entrance Station Din Road axa Ranger Station PAVED .•�ga 0 5 10 a .:NFS Ip a q...aaGsa bcu );USGe ° P° 1OO1OO1llE======3M1le9 Icdanm arvx Apweuµ NNbnN Hyprepryay gtlaarry .- �� Figure 1 03 City Council Staff Report May 18, 2016— Page 2 Eagle Mountain Boundary Study/ Eagle Mountain Pumped Storage Hydroelectric Project As noted in the NPS letter, the NPS is concerned with the environmental analysis for the Eagle Mountain Project, particularly the impacts associated with the 12 mile long transmission line extending across federal BLM lands in close proximity to Joshua Tree National Park. Other conservation groups, including the National Parks Conservation Association, among others, have requested that public agencies comment on the Boundary Study/EA document to support expansion of Joshua Tree National Park to include federal BLM lands from the Eagle Mountain Project area, and a requirement for full environmental review of the BLM's consideration of a right-of-way for the 12 mile long electric transmission line. The Boundary Study/EA has evaluated various alternative actions to be completed by NPS related to the expansion of Joshua Tree National Park and management of its lands, as summarized here: Alternative A — Continue Current Management (No Action): Under the No Action alternative, the park boundary of Joshua Tree National Park in the Eagle Mountain area would remain as it is today. More than half of the 31,500 acres under study would be open to resource intensive uses despite their proximity to Joshua Tree National Park. Alternative B — Federal Agency to Agency Land Transfer: The Joshua Tree National Park boundary would be expanded to include approximately 22,135 acres of federal lands that would be transferred from the BLM to the NPS for administration. All valid mineral rights would be retained by current claimants. Proposed transfer areas would not include BLM lands that have been previously withdrawn under the Federal Power Act for the proposed Eagle Mountain Project (620 acres). Alternative C — Agency Transfer with Enhanced Habitat Connectivity and Recreation: would be expanded by approximately 25,070 acres. This would include 22,515 acres of federally owned and managed lands that would be considered for administrative transfer to the National Park Service. Also included would be approximately 2,230 acres of privately owned lands, and 325 acres of State School Lands west of the FERC license withdrawal area that have been determined feasible for addition to Joshua Tree National Park. The boundary adjustment would not affect valid existing rights. All valid mineral rights would be retained by current claimants. The NPS has identified Alternative C of the recommended alternatives as the preferred alternative and proposed action. The City Council may consider and adopt a Resolution of support with regard to the NPS' Boundary Study/EA calling for the transfer of lands to and expansion of the Joshua Tree National Park, and calling for the preparation of an EIS associated with the BLM's review and granting of a right-of-way for the 12 mile long electric transmission line, or, consider preparation of an official comment letter on behalf of the City Council regarding the Council's position related to these two issues. 04 City Council Staff Report May 18, 2016—Page 2 Eagle Mountain Boundary Study/ Eagle Mountain Pumped Storage Hydroelectric Project ENVIRONMENTAL IMPACT: Staff finds that adoption of this resolution is not a "project' under the California Environmental Quality Act, because the adoption of the resolution does not involve any commitment to a specific project which may result in a potentially significant physical impact on the environment, as contemplated by Title 14, California Code of Regulations, Section 15378(b)(4). Therefore no negative environmental impact is noted. FISCAL IMPACT None. SUBMITTED P e ed by: Submitted by: Michele C. Mician, M.S., LEED GA Marcus L. Fuller, M A, P.E., P.L.S. Sustainability Manager Assistant City Manager/City Engineer Approved by: David H. Ready, Esq., Ph. City Manager Attachments: 1. National Park Service 12/28/15 Letter 2. Resolution 3. City Council Public Comment Letter 05 ATTACHMENT 1 06 United States Department of the Interior NATIONAL PARK SERVICE ' Joshua Tree National Park iN army nerea m: 74485 National Park Drive Twentynine Patens,California 9n77-3597 l.A.1 (JOTR-S) JOSHUA TREE Greg Miller, Deputy District Manager, Resources DEC 2 8 2015 Bureau of Land Management California Desert District NATIONAL PARK 22835 Calle San Juan de Los Lagos Moreno Valley,California 92553 Re: BLM Resource Plan Amendment and Environmental Assessment for the Eagle Crest Pumped Storage Project Dear Mr.Miller: The Bureau of Land Management(BLM)announced on November 25,2015 of its intent to prepare a resource plan amendment and associated environmental assessment for the Eagle Crest Pumped Storage Project(ECE project)transmission and water supply lines in Riverside County,California. Eagle Crest Energy Corporation (ECE) has requested a right-of-way(ROW) grant from the BLM to construct approximately 12 miles of transmission and gen-tie line for the transmission of energy associated with the project.The National Park Service(NPS)appreciates the opportunity to comment. Evaluate cumulative actions of proposed land management actions There are two land management actions that should be considered in assessing cumulative impacts as a result of this ROW authorization. First, the NPS is currently conducting a Boundary Study and has proposed segregation and withdrawal of federal lands surrounding the proposed project. The results of this Boundary Study and the segregation could affect management of some of the public lands underlying the rights-of-way,either in the near or long-term future. This also affects the management of federal lands adjacent to the ROW ECE is seeking, if the lands are transferred to NPS as a result of the Boundary Study. Second,the BLM has recently released the final California Desert Renewable Energy Conservation Plan (DRECP). In this plan, lands to the west of ECE project and ROW are identified as National Conservation Lands of national significance. In addition,Areas of Critical Environmental Concern,of regional significance,are identified north, south,and east of the project, including areas that the ROWS would traverse. Re-evaluate level of compliance needed for this rights-of-way project The NPS suggests that the compliance document be changed from an Environmental Assessment(EA) to an Environmental Impact Statement(EIS). The ECE project has generated substantial controversy. It is anticipated that this linked project will also generate controversy and public comments. If the intent for this document is to determine if there will be significant effects resulting from a Federal action and to capture likely anticipated comments which will likely direct National Environmental Policy Act(NEPA) compliance towards an EIS, then the NPS supports this approach. If the initial analysis has been U7 completed that the Federal action are not anticipated to have a significant effect on the human environment and an EA was going to be completed to document this,then the NPS considers this is pre- determined and urges an approach where the impacts of the Federal action can be fully analyzed and assessed,and incorporate public review and comment. Evaluate scope of the Rights-of-Way When reviewing the current maps of the project boundary and maps of BLM lands,it appears that there is BLM land included as part of the upper reservoir. If this BLM ownership under the reservoir is included under the FERC license,then that is important to clarify in this ROW document that is focused on transmission and water supply lines. If the BLM authorization to ECE to use that land for the reservoir is not included in the FERC license,then this ROW application should be expanded to include those lands. That additional scope of the project might also expand the need for an EIS. Resource topics of concern The NPS has concerns that this ROW project will tier off of the controversial 2014 Final EIS prepared by the Federal Energy Regulatory Commission(FERC)for the ECE project. On July 21, 2014,the Department of the Interior filed a request for rehearing on this project. The Department's rehearing petition identified numerous inadequacies in the NEPA process and the EIS for the project. The Department's rehearing petition requested that FERC complete additional NEPA analyses on the project and stay the license and associated deadlines. The FERC denied the rehearing and stay request on October 15, 2015 however the resource issues of concern remain unresolved. We realize that these issues focus on the project itself,rather than the rights-of-way, but we hope that by stating these unresolved resource concerns again,these topics can be given due consideration in this project as they pertain to the rights-of-way and compliance documents. The NPS encourages the BLM to evaluate pertinent topics from that rehearing and stay request in the ROW assessment. These include: bighorn sheep,including maintaining habitats for genetic connectivity; birds;and water quality issues that will extend from the project site and potentially affect any lands in proximity to the ROWS. Additional topics that should be considered for particular consideration for the ROWS include: - desert tortoise,especially as pertain to increasing number of avian predators which use transmission lines and whose subsequent increases will result in additional predation on desert tortoise; - desert tortoise,the proposed path transects through ACEC; - air quality,especially transmission lines and release of ozone given ozone attainment goals with the Class I airsheds nearby; - viewshed and minimizing impacts; - soundscapes and protecting quiet during construction;and - Wilderness protection. Need for current baseline information Baseline data and ground surveys for the ROW should be strong for all resources since the FEIS does not contain current information. We encourage that the EA or EIS include current information for all resources to provide a more adequate picture of the current conditions for the ECE project and the ROWS. 08 Please contact Superintendent David Smith at 760-367-5502 or david smith(d ims.,oc if you have any additional questions or comments. Sincerely, David Smith Superintendent cc: Murtha Lee, Acting Regional Director, NPS Pacific West Region Steve Mietz, Acting Deputy Regional Director, NPS Pacific West Region Barbara Goodyear, DOI, Office of the Solicitor Andrea Compton, Chief of Resources Management,Joshua Tree National Park 09 ATTACHMENT 2 10 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, URGING THE RETURN OF THE MAXIMUM AMOUNT OF THE BUREAU OF LAND MANAGEMENT'S EAGLE MOUNTAIN LANDS BACK TO JOSHUA TREE NATIONAL PARK AND A FULL ENVIRONMENTAL IMPACT STATEMENT (EIS) FOR THE EAGLE CREST PUMPED STORAGE PROJECT'S TRANSMISSION LINE SO THAT LAND USE MANAGERS AND DECISION MAKERS CAN FULLY UNDERSTAND THE POTENTIAL ADVERSE IMPACT OF THIS PROJECT ON GROUNDWATER, SPECIES AND THE ECOLOGICAL INTEGRITY OF JOSHUA TREE NATIONAL PARK. WHEREAS, the Eagle Mountain region was once part of Joshua Tree National Monument, but was removed for mineral exploration due to Congressional Action in 1950 with passage of PL 837; and WHEREAS, the Eagle Mountain area in Joshua Tree National Park is home to one of the most genetically diverse populations of bighorn sheep, desert tortoise and golden eagle, and has significant historical and cultural resources but is currently threatened by the Eagle Crest Pumped Storage Project which would draw down groundwater resources and inflate populations of ravens that prey on desert tortoise within Joshua Tree National Park; and WHEREAS, the Bureau of Land Management (BLM) has stated it will only be completing a cursory environmental assessment on the Eagle Crest Project's transmission line and stakeholders are concerned it will not help decision makers understand the true impacts this project; and Joshua Tree National Park has recently initiated a Joshua Tree National Park Eagle Mountain Boundary Study that provides an opportunity to return much of the ecologically and historically significant Eagle Mountain lands back to the Park once and for all, excluding the proposed Eagle Crest Pumped Storage Project. NOW, THEREFORE THE CITY COUNCIL DETERMINES, RESOLVES AND APPROVES AS FOLLOWS: 1) That the Bureau of Land Management (BLM) and National Park Service work together to return the maximum amount of the Eagle Mountain lands to Joshua Tree National Park; and 11 Resolution No. Page 2 2) That the Bureau of Land Management (BLM) follow its own agency directives and thoroughly review the Eagle Crest Pumped Storage Project's Transmission Line by conducting a full Environmental Impact Statement, not merely a cursory Environmental Assessment, in order to fully understand the project's cumulative impacts and potential impacts to groundwater, species and the integrity of Joshua Tree National Park. Adopted this 18th day of May, 2016. CITY OF PALM SPRINGS David H. Ready City Manager ATTEST: James Thompson City Clerk 12 Resolution No. Page 3 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that Resolution No. is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on May 18, 2016, by the following vote: AYES: NOES: ABSENT: ABSTAIN: James Thompson, City Clerk City of Palm Springs, California 13 ATTACHMENT 3 14 May 18, 2016 Superintendent Dave Smith Joshua Tree National Park 74485 National Park Drive Twentynine Palms, CA 92277 Director Neil Kornze Bureau of Land Management 1849 C Street NW, RM 5665 Washington, DC 20240 RE: Eagle Mountain Boundary Study Including Possible Land Withdrawal EA Eagle Mountain Pumped Storage Project Transmission Line Joshua Tree National Park Dear Director Kornze and Superintendent Dave Smith: The City of Palm Springs writes to you today to express support for the return of the maximum amount of the Bureau of Land Management's (BLM) Eagle Mountain lands to be returned to Joshua Tree National Park as soon as possible through administrative transfer and to voice concern regarding the Eagle Crest Pumped Storage project. The City of Palm Springs 2016 draft Sustainability Plan states that "Palm Springs' adjacency to natural areas and its urban parks and forest enhance its environmental quality and the mental and physical health of its residents, while bringing significant economic benefits through increased property values and ecotourism." This is certainly the case with Joshua Tree National Park, which in 2015 had over 2,000,000 visitors who spent over $90 million in communities such as the City of Palm Springs that surround the Joshua Tree National Park. The 2016 draft Sustainability report further defines sustainability as "development that meets the needs of the present without compromising the ability of future generations to meet their own needs"- a definition that was forged from the 1987 United Nations Brundtland Commission. Residents of Palm Springs embrace the idea that sustainability is as much a regional concern as a local one and believe a sustainable city should work to preserve the environment, strengthen the economy, and increase equity. The Eagle Mountain lands were originally part of Joshua Tree National Monument, but were removed in the 1950s by Congress via PL 837 for mineral exploration. Under the request of Congressman Ruiz, Joshua Tree National Park has embarked on a boundary adjustment study to examine the resource values of this area and the feasibility of returning Eagle Mountain lands to Joshua Tree National Park. The Eagle Mountain lands are significant habitat for golden eagle, bighorn sheep and desert tortoise and encompass significant wildlife corridors for both tortoise and bighorn sheep. The area has rich prehistoric and historic resources which include Native American use, the Kaiser Mine and townsite, General Patton's desert training camps and the Colorado River Aqueduct. The transfer of the maximum amount of these lands to the National Parks Service would preserve natural and cultural resources and enhance educational and recreational opportunities for residents of the Coachella Valley, one of the fastest growing areas in the California desert. 15 The city of Palm Springs believes the best action to transfer these lands would be Alternative C identified by the National Park Service as the Preferred Alternative and proposed action, with the understanding that as private lands become available the original 1936 boundary of Joshua Tree National Park might one day be restored. While the transfer of the maximum amount of Eagle Mountain lands to Joshua Tree National Park addresses some of the significant resource protection and recreational needs in the area, the City of Palm Springs has concern with the Eagle Mountain Pumped Storage Hydroelectric Project, (the "Eagle Mountain Project"), which would be located in the Boundary Study project area, but whose lands have been withdrawn by the Federal Energy Regulatory Commission (FERC). The National Park Service has stated in its 2014 Request for Rehearing to FERC that the Eagle Mountain Project, "...threatens to adversely impact Park resources, resulting in both immediate and long term negative consequences for the preservation and management of the Park." Recently, the National Park Service has requested that the BLM evaluate pertinent topics from their 2014 Request for Rehearing to the FERC in the BLM's environmental assessment of a request for right-of-way for 12 miles of electrical transmission lines across BLM lands for the Eagle Mountain Project. We share the National Park Service's concerns with environmental impacts to Joshua Tree National Park, and encourage the BLM to fully evaluate the environmental impacts associated with actions to be taken by BLM associated with the Eagle Mountain Project. Sincerely, Mayor Robert Moon The City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 �. s RECEIVED CITY OF PALM SPRINGS 2018 MAY 16 FM 4: 10 JAMES THOMPSCP CITY CLERK Joshua Tree Eagle Mountain Boundary Study and Eagle Crest Pumped Storage Transmission Lines May 18, 2016 TABLE OF CONTENTS: 1) MAP: Eagle Mountain Boundary Study 2) Eagle Crest Pumped Storage Project Factoids 3) Tourism Headlines for the Coachella Valley, May 11, 2016 4) Desert Sun Editorial Opinion: Power Plant not best use for Eagle Mountain, October 27, 2015 5) Desert Sun Valley Voice: Eagle Mountain power plant too risky for our desert, April 22, 2016 6) Desert Sun Valley Voice: Eagle Mountain power project is folly, March 25, 2016 Wool °� s Fdooj ec: KS : Palm Sarines City Council Factoids Palm Springs There is a strong relationship between the city of Palm Springs and Joshua Tree National Park. Palm Springs'2016 draft Sustainability Plan states that"Palm Springs'adjacency to natural areas and its urban parks and forest enhance its environmental quality and the mental and physical health of its residents, while bringing significant economic benefits through increased property values and ecotourism."This is certainly the case with Joshua Tree National Park and in 2015,it had over 2,000,000 visitors who spent over$90 million in communities that surround the park,such as the City of Palm Springs. The 2016 draft Sustainability report defines sustainability as"development that meets the needs of the present without compromising the ability of future generations to meet their own needs." Residents of Palm Springs embrace the idea that sustainability is as much a regional concern as a local one. Joshua Tree National Park Boundary Study Joshua Tree National Park is a biodiverse gem, has a rich history and culture and provides outstanding recreational opportunities for millions of visitors from around the nation and around the globe. The Eagle Mountain lands have significant resources contain important habitat for bighorn sheep,golden eagle and desert tortoise, critical wildlife corridors and important historic resources. These lands,once returned to Joshua Tree National Park,would enhance recreational opportunities for Coachella Valley residents. The Eagle Mountain lands were removed from Joshua Tree National Monument during the 1950s for mineral exploration. This year,the 100th anniversary of the National Park service,provides an excellent opportunity for reuniting these lands with the park. The city of Palm Springs should urge the National Park Service to adopt the Boundary Study's preferred Alternative C and include the maximum amount of Bureau of Land Management lands through administrative action as soon as possible. The administrative transfer of the lands means we will not have to wait years for Congress to act. When and if private lands,the Eagle Mountain Mine and the pumped storage project become available in the future,they should be included within the park boundary. Eagle Crest Pumped Storage Project The National Park Service(NPS)has stated that, "Eagle Crest's Project threatens to adversely impact Park resources, resulting in both immediate and long term negative consequences for the preservation and management of the Park." The Eagle Crest Project would use 9 billion gallons of groundwater over 4 years pumped from the aquifer beneath the Chuckwalla Valley just to fill the project's two reservoirs. Evaporative losses alone from the project are greater than 1500 acre feet/year(1 acre foot is 325,000 gallons!)The aquifer beneath the Chuckwalla Valley is hydraulically connected to some of those that lie beneath Joshua Tree National Park and the impacts of the aggressive pumping from the Eagle Crest Project and other numerous renewable energy projects in the area,are a gamble with one of our national treasures. The Eagle Crest Energy Company has obtained a license from the Federal Energy Regulatory Commission to operate,but still needs and has applied to the Bureau of Land Management for a right-of-way(ROW)grant to build a 500 kilovolt[kV)generation interconnect[gen-tie)line and a water pipeline.The BLM has initiated a cursory transmission line Environmental Assessment(EA),but this should be changed to a comprehensive Environmental Impact Statement that evaluates the cumulative impacts of the project and takes into consideration the information in the Joshua Tree Eagle Mountain Boundary Study. TODAYPART OF THE USA Celebrate that Coachella Valley's tourism industry boomed in 2015 If you're hearing bells,that sound could try, so what is good for this sector is good for just be the continuing echo from the record all of us. the CAS iloqt $5 billion spent by tourists that had Coachel- Visit California,the state agency charged > illo ' , - , la Valley registers ringing during 2015. with marketing and studying tourism in Scott White,president/CEO of the Greater California,says there were 75,200 tourism Palm Springs Convention industry employees in Riverside County last The food of the Coalition push) and Visitors Bureau,said year.Here's another impressive number: 1940s - during for diversity in this week that 12.8 million Every California resident would have to pay war and peace national parks visitors trekked to the val- an additional$750 per year in taxes to cover ley last year. Their spend- the$122.5 billion in direct tourism spending FOOD&DRINK, 1D COACHELLA VALLEY, 3A ing brought$538 million to seen in 2015. state and local tax coffers. The healthier this industry proves to be, USATODAY WHY JAPANESE M/ g Tourism is the desert re ion's No, I Indus- the better we all should feel. Tourism group touts growth plan Coachella Valley to promote outdoor desert activities :�diay increased by SKIP DESCANT younger and more well-heeled and actively branding the area about THE DESERT SUN travelers. as an epicenter for outdoor ac- one-third in Tourism leaders unveiled a tivities that don't necessarily the area Tourism in the Coachella Val- "Destination Development follow in the more traditional- around Joshua ley should take a more com- Plan" on Tuesday in Indian and established-Coachella Val- Tree National manding leap into the great out- Wells for the region, with a fo- ley pastimes like golf or pool- Park in 2015. doors focusing on hiking,biking cus on several key areas such as side lounging. MARILYN and the sorts of wellness-reeat- growing mid-week travel, in- "I think golf is still impor- CHUNG/THE ed activities that attract longer creasing service at Palm DESERT SUN stays, particularly among Springs International Airport Please see TOURISM,4A Our Voice: Powerplant not best use for Eagle Mountain The Desert Sun Editorial Board 5:17p.m. PDT October 27, 2015 The Federal Energy Regulatory Commission has given a second vote of confidence to a proposed 1,300-megawatt hydropower plant proposed for the open pits of the Eagle Mountain iron ore mine. FERC last week denied two appeals — from the National Park Photo- Service and a local group known as the Desert Protection /Photto C ) tal Society — of its June 2014 granting of a license for the project ese e proposed by Eagle Crest Energy of Los Angeles. ese un Despite FERC's support, this remains a flawed idea. The plan calls for 28,000 acre-feet of water— or about the same amount used by more than 40,000 homes in a year — to be drawn from the Chuckwalla Valley aquifer to supply the two-reservoir power generation system. Eagle Crest officials say the water will be pumped from a lower reservoir using pumps during non-peak electricity usage hours. That water will be allowed to flow down from the upper reservoir and through turbines to generate electricity for the grid during high-demand hours. Accounting for evaporation, officials sayy the project — which has a price tag of at least $1.5 billion — would need about 100,000 acre-feet of water over 50 years. Eagle Crest officials say that's less than 1 percent of the aquifer's recoverable water. But that is little comfort in a state whose residents have seen water bills rise as they struggle to meet Gov. Jerry Brown's mandated usage cuts that total as high as 36 percent for many in the Coachella Valley. Other supporters argue the plant could help California meet its new goal of getting 50 percent of its electricity from renewable sources by 2030 —just 15 years from now. The idea of artificially creating two massive lakes filled with water pumped from the ground' and likely moved from one reservoir to another, at least at times, using electricity generated from possibly "non-green" sources seems to be stretching the renewable energy concept a bit. In addition to the strain on the desert aquifer, critics say the creation of two large lakes would drastically change the ecosystem by introducing nonnative wildlife like waterfowl that could threaten desert species like tortoises. And they fear that despite assurances that the pits will be carefully lined and sealed, the reservoirs could leak and taint the underground water supply with tailings that remain from decades of mine activity. While Eagle Crest has worked out its differences with site owner Kaiser Ventures, there remain obstacles to the project becoming reality. Chief among those appear to be winning approval from the Bureau of Land Management for transmission lines to brin the plants electricity to the grid across public lands and expected further legal actionrom environmentalists and national parks advocates. A better idea for this land is what many envisioned might eventually happen if Kaiser ultimately halted its operation. The mine was originally part of Joshua Tree National Monument. Environmentalists want the site added to Joshua Tree National Park, citing a 1952 law that reqquired the land to revert to public ownership if mining activity stopped for seven years. TV National Park Service has said it is studying whether parts of Eagle Mountain should be added to the park. Adding Eagle Mountain to Joshua Tree National Park would best serve the public by conserving valuable resources and protecting the local ecosystem with the bonus of adding the historical attraction that is the old mining town to the park. Read or Share this story: http://desert.sn/l MheVup VALLEY VOICE Eagle Mountain power plant too risky for our desert Lani Miller,Special to The Desert Sun 23 days ago more k _ t Courtesy Lani Miller Does it bother anyone that Eagle Crest Pumped Storage Project, if built, will use aquifer water? Our region's residents are familiar with first, second, and more attempts in the trial and error advancement of renewable resources. Eagle Crest's plan may or may not be successful with respect to the goal of storing megawatts of solar or wind energy. The concept is based on 1960s technology which uses reservoirs or lakes, ie., surface water. By contrast Eagle Crest's proposal would pump out billions of gallons of groundwater to fill defunct open pit mines. The Federal Energy Regulatory Commission (FERC) licensed Eagle Crest in 2014. Six dozen federal and state agencies and as many environmental organizations filed motions to stop the licensing of Eagle Crest. A sample of the concerns raised include sensitive and endangered species, habitat and air quality, night skies, invasive plants, and loss of recreational opportunity. The following is specific to groundwater: • A motion to halt licensing was filed by the Metropolitan Water District.The Colorado River Aqueduct, under MWD's purview, is buried just over a mile from the proposed site. Subsidence,the sinking of the ground to a lower level, is expected from aquifer overdraft, plus the destabilization from site construction and maintenance threatens the integrity of the Colorado River Aqueduct. • Toxicity from iron tailings used in construction will compromise water quality. • Evaporation from the open pit basins will sharply increase salinity. • The hydrology of aquifer pumping along the lines of Eagle Crest's proposal is poorly understood. FERC treated every environmental concern with the same prescription. Eagle Crest is required to self-monitor, and then determine the "maximal allowable change threshold." Eagle Crest will then change its course in the event of probable adverse consequences. Depending on the identified issue, FERC fills the blanks for type of self- monitoring, units of maximal threshold, and response to harmful outcome. No independent monitoring is required. The commission's staff prepared the environmental assessment (EIS) which consistently downplayed environmental consequences. The standards for a true environmental impact statement were far from met. The FERC relied solely on "remote" analysis, meaning no biologist boots on the ground. The survey was performed by satellite. Underscoring the experimental nature of this venture,three competing accounting methods were used in the licensing process. (BLM v. Geological Survey v. Environmental Impact Review). These resulted in widely disparate conclusions. Questionable math didn't seem to be a problem for FERC, nor does it dissuade this privately owned company from shameful and irresponsible use of our aquifer. I believe that we are responsible for the safety of our groundwater. No one expects that Mojave and Sonoran groundwater will be recharged in the foreseeable future. Eagle Crest's experiment at the southeastern doorway to Joshua Tree must be seen as the aquifer misadventure it is. State and Federal governments must advance the due date for agency coordination, and put a stay on this impending disaster. Locally, our backyard Joshua Tree National Park needs us to defend the Eagle Mountain lands and the groundwater its survival depends upon. Email Lani Miller, M.D., a Palm Springs environmental activist and student of the desert recently retired from active, clinical practice, at lmillermdl@gmail.com. CONTRIBUTORS Valley Voice: Eagle Mountain power project is folly Nate Otto, Special to The Desert Sun Mar 25, 2016 more .. c I grew up hiking, camping and riding my motorcycle in the California desert's remote canyons at a time when obtaining a significant amount of our energy from wind, sun and geothermal was just a dream. I now operate a local company that installs rooftop solar, but also takes into consideration the needs of the community and the natural environment. That's why I'm opposed to the Eagle Crest Pumped Storage Project (ECPSP), which bills itself as a renewable energy project, but in reality is a net energy loss, squanders precious water resources and jeopardizes Joshua Tree National Park. The proposed ECPSP would utilize two of Kaiser's abandoned mine pits, pumping water uphill during non-peak energy hours and letting that water run downhill during peak hours to produce electricity. The project would store energy from utility scale solar installations, functioning as a giant battery. Eagle Crest Co. wants to pump copious amounts of groundwater to fill the abandoned mining pits from a groundwater basin that is hydraulically connected to the aquifer beneath Joshua Tree National Park. The annual evaporative water loss from the project alone is 1,500 acre feet per year (1 acre foot is 325,000 gallons!). Using precious desert water for this project wastes a valuable commodity, isn't in the public's interest and threatens one of our national treasures during the worst drought in California history. Unlike rooftop solar, the technologies associated with the ECPSP are being installed on a massive scale, without truly understanding how they impact the natural environment. From a renewable energy entrepreneur's perspective, this approach doesn't make sense. My company utilizes new technology, but we implement it gradually so we can ensure it works and doesn't have an adverse impact on the environment. In strong contrast, the ECPSP is a huge crap shoot. The public and national park lovers are being asked to place a bet at the roulette wheel for untested technology that could have devastating impacts. Finally, the two water-filled abandoned mine pits would inflate the population of ravens in the area that prey on desert tortoise. Ravens attracted by these two reservoirs, would fly into Joshua Tree National Park and consume juvenile tortoises in a sizable portion of the park's tortoise habitat. Although the ECPSP has received a license from the Federal Energy Regulatory Commission (FERC), the transmission line that would connect it with power lines on Interstate 10 is still being evaluated by the Bureau of Land management. Unfortunately, the BLM is relying on stale, inaccurate and insufficient data in the original project environmental impact study, which has already been criticized by the Department of Interior. The drive to cash in on federal tax credits and large incentives for energy storage is what is driving this for-profit endeavor at our expense. The city of Palm Springs and the entire state of California needs to move towards a sustainable future. The best outcome would be to stop this project, but for now the BLM should conduct a full EIS on the transmission line to reveal the project's true impact on our federal lands. Nate Otto is president of Hot Purple Energy. His family has a 100-year history in Palm Springs. Email him at nate@hotpurpleenergy.com. 3000 Ocean Park Blvd.Suite 1020 Santa Monica, CA 90405 �! TeL (310)450-9090 Fax:(310)450-9494 w .EagleCrestEnergyxom Eagle Crest Energy Company May 18, 2016 Honorable City Council City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 RE: City Council Agenda Item- Eagle Mountain Boundary Study We appreciate the opportunity to address the council on the potential expansion of the Joshua Tree National Park boundary. Our company fully supports the expansion and looks forward to working with the National Park Service on conservation measures and the potential for donation of our private, non-project lands to the Park for conservation. As you may be aware, FERC approved a 50-year license for the Eagle Mountain Pumped Storage Project, which will generate 1300 MW of electricity to provide a long-term, dependable source of energy for the region. We are excited about the benefits this project will bring, including helping California expand renewable energy resources, improve electrical grid reliability and meet the State's renewable energy goals as well as reduce millions of tons of greenhouse gas emissions, create hundreds of jobs, and generate millions in tax revenue to the local economy. As a company, we are committed to sustainability, including the careful management of environmental resources. A comprehensive environmental analysis conducted over multiple years has been approved for the project by state and federal agencies charged with regulatory oversight. The project incorporates multiple measures designed to ensure protections to the Eagle Mountain area and Joshua Tree National Park. We appreciate the opportunity to answer any questions the City may have regarding our project, regulatory approvals, and next steps. As per our letter of May 6, 2016 (attached), we are available to provide a comprehensive presentation to the council and/or the Sustainability Commission or other Committee if the City is interested in reviewing the full picture prior to consideration of action related to the project. Sincerely, � Steve Lowe, Prestd t Enclosures: ECE letter/fact sheet submitted May 6, 2016 cc: Jay Thompson, City Clerk d 611 r/ZO le, T7 6A4 T. J. 3000 Ocean Park Blvd.Suite 1020 Santa Monica,CA 90405 Tel: (310)450-9090 Fax:(310)450-9494 www.EagleCrestEnergy.com Eagle Crest Energy Company May 6, 2016 Honorable Mayor Robert Moon&Councilmember Geoff Kors City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 RE: City Council Agenda Item- Eagle Mountain Pumped Storage Project I understand you have requested a future council agenda item for discussion regarding the Joshua Tree National Park boundary study as it relates to our project. I wanted to reach out to the City to offer the opportunity to learn more about the pumped storage project, including our efforts to support the National Park Service (NPS) and work together on conservation measures and the donation of non- project lands that we own to NPS. The Eagle Mountain Pumped Storage project is located in far eastern Riverside County, 90 miles from Palm Springs. Reclaiming a former mining site, the project will be capable of generating 1,300 MW of electricity, improving grid reliability, helping integrate renewable energy sources and meeting the State's renewable energy goals, reducing millions of tons of greenhouse gas emissions, creating hundreds of jobs for the area, and generating millions in tax revenue to the local economy. I am happy to make myself available to meet or schedule a briefing, presentation or site visit for you, fellow councilmembers or staff at any time. We look forward to answering any questions you might have about the project. Sincerely,, v V Steve Lowe President cc: David Ready, PhD, Esq., City Manager EAGLE MOUNTAIN PUMPED STORAGE PROJECT Helping California meet its renewable energy goals, reducing millions of tons of greenhouse gas emissions, while creating thousands of jobs and generating millions of dollars in economic revenue to Riverside County. Eagle Crest Energy Company Pumped Storage Background Pumped storage hydroelectric technology debuted in the Swiss Alps in the 1890s and came to the U.S. in 1929. Today, about 40 pumped-storage hydro plants operate in America,supplying roughly 2%of the nation's electric -rrmexmrux power.The systems, whose supporters include Nobel-prize winning physicist and former U.S. Secretary of Energy Steven Chu, work by moving water between two reservoirs at different elevations. When electricity demand is .+ low, water in the lower reservoir is pumped to an upper reservoir. When electricity demand is high the stored water is released through turbines to i maan¢.unuaoi.. generate electricity.The turbines also act as a pump to return the water back uphill. Pumped storage facilities are a proven method for storing renewable energy. The technology also promises to reduce greenhouse gases and lower utility rates. Environmental Benefits Critical to California's 50% renewable energy goal by 2030 Critical to California's 80% reduction (AB32) in greenhouse gases by 2050 goal The project provides long-term air quality improvements by reducing regional and state reliance on natural gas-fired peaking power plants that emit greenhouse gases. Overall, it could eliminate up to 1 million tons of greenhouse gases per year. The Eagle Mountain Project will be capable of generating 1,300 MW of electricity while discharging the power for up to 18.5 hours. Its ability to store excess solar power and release it on demand supports grid reliability and helps integrate renewable energy sources. This is particularly important as California strives to meet ambitious renewable energy portfolio goals of 33 percent by 2020, and at least 50 percent by 2030. Eagle Mountain also uniquely utilizes the site of two former mining pits about 12 miles northwest of Desert Center, close to a regional power transmission grid that supplies electricity to more than 20 million people. Mining activities have left this area disturbed. Eagle Mountain brings new purpose to this land, while generating about 1,300 megawatts of electricity—enough to power nearly 1 million homes. The project has undergone extensive environmental reviews by state and federal agencies, and multiple measures have been adopted to ensure the project protects water resources, air quality and wildlife habitat. In addition to enabling better use of renewable energy sources, the project would contribute to a net reduction in emissions from regional energy generation. The Eagle Mountain Project's use of existing mining pits and non-potable groundwater to fill the reservoirs eliminates the impacts to streams, wetlands and other aquatic ecosystems that are commonly associated with hydroelectric development. A 500 kV transmission line (about 16 miles long) will be the only project feature visible^frhe ground. S , J, * , Water Resources Eagle Crest Energy believes in sustainability and carefully managing water resources, especially during the drought. With that in mind, the company conducted a comprehensive environmental analysis and worked with regulatory agencies and stakeholders regarding potential water impacts. The groundwater being used for the project has been deemed unsuitable for drinking. On average over the project's 50- year life, it would use about 1,800 acre-feet of water per year, which is roughly equal to what two of 1eC the Coachella Valley's 123 golf courses consume annually. All told, the aquifer being used isn't part of g Coachella Valley's water supply and would tap less than 1%of the current Chuckwalla Valley's capacity, Energy Company and even that fractional amount would be recharged within 20 years of the project's closure, according to water modeling confirmed by California's State Water Resources Control Board. Eagle Crest believes this is a responsible use of resources to help meet California's mandate to reduce greenhouse gases. Project Schedule The 50 Year FERC License was issued on in June 2014. The project's final hurdle is securing right-of-way approval from the U.S. Bureau of Land Management (BLM). That is expected to happen in 2016.2017. The project's construction will begin in 2018 with the project being fully operational in 2022. Eagle Crest looks forward to the many benefits this project will bring, including improved electric grid reliability, reducing greenhouse gases, helping California meet its renewable energy goals, protecting water resources, creating hundreds of jobs and generating millions in tax revenue to the local economy. Economic Benefits Eagle Mountain will be one of top employers in the Chuckwalla Valley. Construction Effects tAnnual,for 4 years) Operations Effects fAnnual,to 2062) Riverside Households Riverside Households Employment 760 jobs Employment 160 jobs(full and part-time) Income $50.1million Income $8.9million County Taxes $0.1 million County Taxes $11.2 million California Households(including Riverside) California Households(including Riverside) Employment 2,280jobs Employment 260 jobs(full and part-time) Income $170.2million Income $18.4million State of CA taxes $8.9 million State of CA taxes $11.5 million r ".. f W S l d � � 1 ! tit ♦ � K •� r• �,� p' i FI7�" ��A From: Eagle Crest Energy Sent: Wednesday, May 11, 20169:51 AM To:Jay.Thompson@palmsprings-ca.gov Cc: david.ready @palmsprings-ca.gov; cityclerk@palmsprings-ca.gov Subject: Fw:City Council Agenda Item - Eagle Mountain Pumped Storage Project Good Morning Mr.Thompson, Please see the email below. I respectfully request the attached letter and fact sheet be included in the staff report for the May 18th Council agenda, and also any future agendas discussing this matter. ECE would like to extend this opportunity to discuss the Eagle Mountain Pumped Storage project and answer any questions the City may have. Best Regards, Steve Lowe From: Eagle Crest Energy Sent: Monday,May 09,2016 2:11 PM To:jennifer.nelson@palmsprings-ca.gov Cc: david.ready@palmsprings-ca.gov Subject: City Council Agenda Item - Eagle Mountain Pumped Storage Project Hello Ms. Nelson, Please see the attached letter and fad sheet. ECE would like to extend this opportunity to discuss the Eagle Mountain Pumped Storage project and answer any questions the City may have. ECE appreciates you filing this letter for the record and forwarding this information to Mayor Moon and Councilmember Kors. Please let us know what we can do to to meet or schedule a briefing presentation or site visit forthe City. Best Regards, Steve Lowe