This Environmental Assessment (EA) has been prepared on behalf of the community of Wright’s Mesa, Colorado, and for the benefit of the Citizens of San Miguel County, Colorado, in an effort to display potential effects associated with large-scale solar developments in support of the ongoing drafting of county land use codes (LUC). Though written in response to and using a specific project introduced by a solar project proponent in May of 2023, it is my intention to use that project as a viable and very real example of what a large-scale solar project would do the cultural and natural landscapes of San Miguel County. 

A solar proponent is in the process of planning, designing, and developing a 100-megawatt (MW) utility-scale solar power plant (Project) and proposes to site it near the town of Norwood, in San Miguel County, Colorado. If implemented, the Project would convert 1,009.4 acres of native sagebrush scrublands, pinyon-juniper forests and riparian cottonwood forests to an industrial facility. In order for the Project to be implemented, the San Miguel County Planning and Zoning Commission and the Board of County Commissioners (BOCC) would need to grant approvals for the permitting and licensing of the Project proposal.

A solar proponent hosted a public meeting and presented the Project in an open forum, at the Lone Cone Library in Norwood, on May 16, 2023.  At that time, the San Miguel County Land Use Code did not include policy or procedural guidance designed to manage permitting or development of industrial-scale utility Projects. As a result, the San Miguel BOCC issued a temporary emergency moratorium on all commercial solar and major utility Projects to allow time to update the land use codes, so that the County would have procedural policy in place to adequately address such proposals. The moratorium, which was to expire on November 23, 2023, has been renewed for six months until May 23, 2024.

As a career-long biologist with an emphasis on environmental review of projects pursuant to the National Environmental Policy Act (42 USC 4321 et seq.) (NEPA), I have prepared this EA to analyze the potential environmental impacts associated with the proposed construction, operation, and decommissioning the proposed power plant. I claim all professional rights to the information contained herein and declare that this EA has been produced as an independent document, drafted pro bono, and under no direction from any organization, governmental entity or private business. This EA has been prepared according to the standard NEPA process and its implementing regulations.  This EA illustrates the suite of potential affects a large-scale solar facility could have on natural resources and communities of San Miguel County, and may be used as an example to inform the process of updating the County Land Use Code.

Project Summary

Information about the proposed Project used to develop the analysis in this EA was gathered from materials provided during the May 2023 meeting hosted by a solar proponent, and from the solar proponent’s website.

The solar proponent’s proposal included a project plan to be sited approximately 2¼ miles southeast of the town of Norwood, Colorado; roughly 60 miles north-northwest of Durango; 45 miles west of Telluride; 40 miles east of the Colorado-Utah state line.  The proposed Project site is on Wright’s Mesa within the Colorado Plateau ecoregion, as described by the U. S. Environmental Protection Agency (USEPA) on the Colorado Ecoregions map (Chapman et al. 2006). A county map and vicinity maps are provided in Figures 1, 2, and 3.

The Project entails the design and construction of a 100MW solar power plant.  According to preliminary designs described on an information flyer (Appendix A) provided during the May 16, 2023, meeting, the Project area encompasses 1009.4 acres, requires 189,196 photovoltaic (PV) modules, a substation and switching yard, a 50MW battery storage facility (BESS) and multiple staging areas.  Project specifications and details are provided in Table 2-1.  The Project is sited to access and tie into an existing transmission line owned by Tri-State Generation and Transmission Association, Inc. (Tri-State).

According to the information flyer (Appendix A) the Project area is divided into two sections of PV array areas.

Section 1: 525.64 acres on Colorado State Land Board (SLB) property located in Section 36, Township 45 North, Range 13 West. The approximate Project boundaries are 0.5 mile along 44Z S Road (also known as Lone Cone Road), 0.7 mile along Y43 Road, and 0.85 mile along 45Y Road. Approximate coordinates for the northeast corner are 38° 6'57.50"N, 108°14'32.48"W.  The area is transected by Gurley Ditch and South Lateral Ditch, and is vegetated in sagebrush and pinyon-juniper scrublands, riparian cottonwood forests, and herbaceous wetlands.  The east array area is owned by the Colorado State Land Board and is currently being leased for: 1) agricultural; 2) recreational; and 3) renewable energy planning solar.

Section 2: 483.76 acres on privately-owned land in Sections 2 and 11, Township 44 North, Range 13 West. Approximate coordinates for the northeast corner of Section 2 are 38° 6' 5.95" N, 108° 15' 37.94" W.  The Project boundary runs approximately 1.3 miles along the west side of 44Z S Road or Lone Cone Road.  The west array area is owned by private landowners; there are no permanent dwellings on the property. A powerline right-of-way (ROW) transects the area.  The area is vegetated in pinyon-juniper scrublands. 

Background

Norwood, Colorado is a small rural ranching (primarily) community located in central San Miguel County on Wright’s Mesa.  The town encompasses approximately 192 incorporated acres, has a population of 551, with 240 housing units (U.S. Census Bureau, 2021).  An estimate based on Google Earth imagery, indicates that Wright’s Mesa covers approximately 27 square miles. The estimated total population of Wright’s Mesa if approximately 2,200.

On May 16, 2023, a solar proponent hosted a town meeting to introduce the Project to the community of Norwood, Colorado. More than 200 people attended the meeting in-person, with more attending virtually via a livestream Zoom meeting platform.  As of this writing on January 14, 2024, a video recording of the May 16, 2023, meeting remains available on the Project website. Attendees identified numerous issues including adverse impacts to environmental, cultural, and economic resources.  The environmental issues identified included: soil and groundwater contamination, impacts to wildlife and protected species, and impacts to visual resources.  Cultural issues included that a utility-scale plant does not align with the community identity and that an industrial power plant would have adverse impacts to the community lifestyle, cultural values and quality of life.  Economic concerns including diminished property values and damage to the local economy and tourism industry, were also stated.  Norwood’s mayor stated that local services would be unable to manage the workforce required to construct the Project, including: public safety, fire hazards, local and regional housing, traffic, medical services, grocery, and fuel.  Some attendees questioned the practicality of utility-scale solar in a region where dust and snow would inevitably impede the efficiency of the PV modules. Concerns were also raised about end-of-life plans for the plant, specifically identifying hazardous materials and wastes associated with solar panels and hydraulics, as being a problem. 

Several who spoke pointed out that the informative materials provided on the Project website were misleading and the question of company integrity was emphasized, noting that the solar proponent claimed to be in partnership with Snyder Ranches, and that they had already met with San Miguel Power Association, when on both accounts the statements were false.  It was also pointed out that the project proponent’s website indicated that there were no protected species on the Project area, when in fact, the Project area provides habitat for numerous bird species protected under the Migratory Bird Treaty Act and bald and golden eagles nest within close proximity to the Project site (see Sections 3.7 and 3.8). 

San Miguel County, Wright’s Mesa Master Plan 2008

The San Miguel County Land Use Code classifies virtually all land on Wright’s Mesa outside of Norwood town limits as Wright’s Mesa Zone District. The Wright’s Mesa Zone District is a 50± square mile area of unincorporated San Miguel County surrounding the town of Norwood.  In 2008, the Wright’s Mesa Master Plan was drafted with the intent:

“…to continue to allow very low density rural residential on Wright’s Mesa (outside the Norwood Master Plan Area) but ensure that such development fits the character of the mesa and does not interfere with ranching and other resource protection.”

The Wright’s Mesa Master Plan does not distinguish appropriate “town” uses in areas closer to Norwood or within the town’s planning area boundary. Among the primary concepts presented in the Wright’s Mesa Master Plan are: promote rural residential patterns that fit the character of Wright’s Mesa and protect sensitive resources.  The Plan also recommends that agriculture and rural residential will remain the predominant uses on the Mesa, and that appropriate locations for heavy industry will be determined through locational criteria, to ensure that it will only be sited in appropriate locations, if any.

Purpose and Need

The purpose of the proposed Project is to provide a source of electricity as an alternative to carbon-based or fossil fuel-based electricity generation. 

The need of the Project is to provide an alternative option that would assist with the state (Colorado HB19-1261) and federal (Executive Order 14082) mandates to reduce greenhouse gas emissions 50–52 percent below 2005 levels in 2030 .

Document Preparation and Conformance with Federal Guidelines

This EA was developed with the analysis protocol (40 CFR 1501.5) followed during the federal environmental review process set forth by the NEPA. The NEPA protocol is a methodical process that assesses the level of potential impacts to the environment, to determine whether a proposed action would have a significant impact (40 CFR 1508.1) on the environment.  The outcome of an EA is a summary of the environmental impacts associated with the Project, including an analysis of alternatives that would fulfill the intent and goals of the Project, in order to assist with county planning and decision making.

 1.3    Relationships to Statutes, Regulations, Policy and Executive Orders

The following laws, regulations and executive orders, have been considered during the development of this EA, to assess Project compliance with applicable county, state and federal laws and policies:

County

• San Miguel County Comprehensive Development Plan, Adopted August 3, 1978. Amended through December 8, 2021
• Wright’s Mesa Master Plan, San Miguel County, Colorado, February 13, 2008

State

• Colorado 5 CCR 1001Air Quality Control Commission
• Colorado House Bill-1261 The Climate Action Plan to Reduce Pollution
• Colorado Greenhouse Gas Pollution Reduction Roadmap 2021
• Colorado Regulation No. 11 - Colorado Primary Drinking Water Regulations (5 CCR 1002-11) 
• 2021 Colorado Code Title 25 - Noise Abatement § 25-12-103

Federal

• Clean Air Act of 1972, as amended (42 USC 7401 et seq.) (CAA)
• Executive Order 14072 Strengthening the Nation’s Forests, Communities, and Local Economies, April 22, 2022.
• Executive Order 14082 Implementation of the Energy and Infrastructure Provisions of the Inflation Reduction Act of 2022.
• 2007 Energy Independence and Security Act
• Clean Water Act (33 USC 1251-1376; Chapter 758; PL 845; 62 Stat. 1155); reauthorized 1991
• Safe Drinking Water Act of 1974, as amended (42 U.S.C. §300f et seq.)
• Farmland Protection and Policy Act, 7 U.S.C. 4201
• Soil and Water Resources Conservation Act of 1977, as amended
• Endangered Species Act of 1973 (16 USC 1531 et seq.) (ESA)
• Migratory Bird Treaty Act (16 USC 703 et seq.) (MBTA)
• Bald and Golden Eagle Protection Act, as amended (16 USC 668-668d, PL 86-70, PL 87-884, PL 92-535, PL 95-616;)
• Executive Order 13186, Responsibilities of Federal Agencies to Protect Migratory Birds
• Noise Control Act of 1972 (42 U.S.C. 4901)
• Quiet Communities Act of 1978
• Paleontological Resources Preservation Act of 2009 (Sections 6301-6312 of the Omnibus Public Lands Act of 2009, 16 USC 470aaa)
• American Indian Religious Freedom Act of 1978 (PL 95-431; 92 Stat. 469; 42 USC 1996)
• Native American Graves Protection and Repatriation Act of 1990 (PL 101-601; 104 Stat. 3048; 25 USC 3001; 43 CFR Part 10)
• Antiquities Act of 1906 (PL 52-209)
• Section 106 of the National Historic Preservation Act of 1966 (PL 89-665; 80 Stat. 915; 16 USC 470 et seq.), as amended (implemented under regulations of the Advisory Council on Historic Preservation, 36 CFR Part 800)
• Archaeological and Historical Conservation Act of 1974 (PL 93-291)
• Archaeological Resources Protection Act of 1979 (PL 96-95; 93 Stat. 721; 16 USC § 470aa et seq.), as amended (PL 100-555; PL 100-588) and its regulations (36 CFR 296)

1.4     Public Involvement

May 16, 2023 – A solar developer hosted a meeting at the Norwood library to introduce the Project to the community.

NEPA guidelines do not specifically require scoping and public involvement during the development of an EA, but rather allows the lead agency to decide which level of public involvement would be appropriate. This EA will be publicly available and provide some basis for the public to reference to provide input to the BOCC in the process of either permitting such a development or during the public involvement process for updating the San Miguel County Land Use Code.

Issues

An EA should provide succinct examination of only those resources that might be affected by the proposed action. Based on the list of resources typically considered during the NEPA environmental review process and those identified by the community of Norwood during the May 16, 2023, meeting, the following resources have been identified for analysis in this EA.

 Table 1-1: Issues Identified for Analysis