Abstract
Pattern Energy, through Ocotillo Express LLC (OE LLC), owns and operates a wind energy facility known as the Ocotillo Express Wind Energy Facility (OWEF) near Ocotillo, California, in Imperial County (Figure 1). The OWEF was constructed in 2012 and 2013, with the Project becoming fully operational in the fall of 2013. The OWEF is located primarily on Bureau of Land Management (BLM) land and a small portion of private land. The OWEF is located on approximately 12,565 acres in the Project area and consists of 112 Siemens SWT – 2.3-108 wind turbines (approximately 315 megawatts [MW]) and associated infrastructure. The diameter of the circle swept by the blades is 354 feet (108 meters). Turbines are 440 feet (134 meters) in height. The OWEF connects to the new SDG&E Sunrise Powerlink 500-kilovolt (kV) transmission line. SDG&E constructed and operates a switchyard independently from OE LLC and as such, the post construction monitoring and mitigation measures identified for the OWEF do not apply to the SDG&E facilities. SDG&E switchyard and facilities meet APLIC standards for electrical equipment design. The collection lines connecting one turbine to the next and to the project substation are buried underground, generally adjacent to the interior turbine access roads. The BLM issued a Record of Decision (ROD) approving the Project on May 11, 2012 and issued the right-of-way (ROW) grant on May 11, 2012. An Avian and Bat Protection Plan (ABPP) and an Eagle Conservation Plan (ECP) were developed for the OWEF in cooperation with the BLM and U.S. Fish and Wildlife Service (USFWS). The ABPP and ECP were finalized in early 2012 and approved as part of the overall BLM approval of the Project. The 2012 ECP included information on the risk of impacts to golden eagles (Aquila chrysaetos), as well as avoidance, minimization, and mitigation measures specific to golden eagles. Since the 2012 ECP was finalized, the USFWS released the 2nd Version of the ECP Guidance (USFWS 2013). OE LLC has developed this ECP to reflect the recommendations contained in the latest 2013 ECP Guidance, as well as the new site-specific information that has been collected since construction and operation of the OWEF. The overarching purpose of the ECP is to re-evaluate risk to eagles at the OWEF given the 2013 ECP Guidance and all the site-specific information available as well as to revisit the avoidance, minimization, and mitigation measures implemented at the Project given the level of risk to eagles at the Project. The OWEF ECP evaluates the need for a programmatic eagle take permit and documents compliance with the regulatory requirements for a programmatic eagle take permit and the National Environmental Protection Act (NEPA) process that is associated with the granting of an incidental (i.e., non-purposeful) take permit for eagles, assuming it is determined that such a permit is warranted for the OWEF. The ECP provides detailed information on the OWEF and the mitigation measures OE LLC committed to and implemented during project siting, construction, and operations to avoid and minimize take of eagles. This ECP was developed to support an application for an eagle take permit at the OWEF, should OE LLC decide to pursue a take permit for the Project. The 2012 OWEF ECP was developed in close coordination with Region 8 USFWS Migratory Bird Program staff and OE LLC intends to continue to coordinate with USFWS regarding the ECP, as well as decisions regarding potential eagle risk and the possibility of applying for an eagle take permit. The 2013 USFWS ECP Guidance provides a process for conserving bald and golden eagles during siting, construction, and operation of wind energy facilities through a staged approach that is similar to the tiered approach in the 2012 USFWS Land-based Wind Energy Guidelines (WEG). The ECP Guidance emphasizes the importance of implementing avoidance and minimization measures throughout all phases of wind energy development and operations. Although the OWEF was constructed prior to the release of the 2013 ECP Guidance, OE LLC developed the 2012 ECP in close coordination with the USFWS and based the ECP on the guidance available at the time. As such, OE LLC did consider avoidance and minimization measures for golden eagles during project siting, construction, and operations. However, given the 2013 ECP Guidance and the site-specific information collected to date, OE LLC is re-evaluating the risk to eagles posed by the OWEF and the appropriate avoidance, minimization, and mitigation measures, given the current understanding of the level of risk posed by the Project.