By Mark Waite

A Jan. 17 California Energy Commission status report noted there will be challenges in completing the project assessment for the Hidden Hills solar project within the current schedule.

BrightSource Energy, which wants to build two, 250-megawatt solar power plants on 3,200 acres of private land on Tecopa Road just across the California state line, disagrees with the CEC on some issues involving cultural and biological resources that will have to be resolved through studies and mitigation.

The CEC anticipates it will take until April 13 to publish a preliminary assessment of the project. Some of the remaining biological issues include:

* Compensation for loss of desert tortoise habitat with limited land options;

* An agency approved translocation plan for tortoises across state lines;

* Potential loss of habitat for species with special protection found on site like the desert kit fox, burrowing owl and American badger;

* Mitigation plans for the potential effects of the power tower technology on raptors, birds and bat species;

* Information on golden eagle use within a 10-mile radius, eagle nests were located in Nevada along the proposed transmission line corridor;

* A specific jurisdictional delineation of state waters is needed;

* Mitigating impacts to 10 special status plant species identified on-site during botanical surveys, including the gravel milk vetch and Nye milk vetch;

* Whether groundwater pumping could affect deep-rooted plants.

Some cultural issues remaining to be addressed include:

* Three additional studies to ensure full consideration of any potential historical resources that may be affected;

* An investigation of the paleohydrology and paleoecology of a portion of the step fault zone just east of the project;

* Archeological evaluation of nine of the 14 sites within the project site and buffer area to determine whether they are historical resources;

* Meetings with the Indian community and the Old Spanish Trail Association to discuss cultural and visual impacts;

The rescinding of a renewable energy zone by Inyo County, because of a legal challenge by the Sierra Club and the Center for Biological Diversity, caused the project to be inconsistent with the county’s land use plan and zoning, which is for recreation and open space, the CEC noted. But regulators said Inyo County codes allow options like a development agreement, a zone change or renewable energy permit to spell out development standards and mitigation measures.

Reports are due from the Southern Inyo Fire Protection District and the California Independent System Operator CAISO network.

The CEC notes the project would need 288 acre feet of water per year for construction and 140 acre feet per year for operation from the Pahrump Valley groundwater basin, which is currently in severe overdraft.

“Absent project effects, basin water levels directly beneath the proposed site could fall approximately 20 feet over the next 30 years from existing agricultural and domestic uses. Superimposed project pumping could result in a potential water level drop of up to 50 feet of total drawdown at the project site over the next 30 years,” the CEC notes.

BrightSource Energy proposes to purchase up to 400 acre feet of water rights from Nevada owners which would be retired, to offset the water use. But the CEC said the terms of the purchases and how much water use they retire may be difficult to resolve.

The report notes: “Water unit staff continues to raise concerns about the viability of the proposed water supply. However the applicant has yet to provide staff with data that gives confidence that the groundwater basin can furnish enough water for the project.”

The CEC has concerns over plans to deepen neighboring wells to mitigate for water level declines.

The project could affect Stump Springs, an Area of Critical Environmental Concern, where a drop in the water level to 35 below the surface would trigger mitigation, the CEC said. The water level is currently at 30 feet.

Donna Lamm, a Pahrump Realtor who is executive director of the Amargosa Conservancy and serves on the Nye County Water District, told the CEC hydrology is an extremely complicated issue.

“There is a great need for more hydrology studies and monitoring wells to fully understand what is going on in this geologically complex area,” Lamm wrote, as a private citizen. But she said, “There is divergence on the board as to potential impacts. I just did not want the impression that the NCWD made a statement that the impacts would be negligible.”

Nye County Commissioner Gary Hollis told the water board Monday he didn’t think the wells drilled for the solar project would affect the Pahrump groundwater basin if they were drilled west of the Stateline Fault.

Nye County Geoscientist Levi Kryder said the county has good data on wells in the area it can supply for the project study. He said there will be more studies of the Stateline Fault.

D. Bradford Hardenbrook, supervisory habitat biologist for the Nevada Division of Wildlife, noted the Pahrump poolfish went extinct in the 1970s and two other subspecies of the fish due to past water diversions and draw down of groundwater.

But he said the present operational need of 140 acre feet won’t result in further lowering of the water table in Pahrump Valley adversely affecting remaining springs or local mesquite stands that provide oases for wildlife.

But Hardenbrook advocated a raven and raptor management plan with artificial perching and nesting sites. Seasonal restrictions on construction during breeding seasons should be instituted, he said.

The CEC said the 750-foot solar tower and steam generators would dominate the landscape. They would affect views from the Nopah Range, the Pahrump Valley Wilderness Area and the Old Spanish Trail.

Owners of the Tecopa Hot Springs Resort had concerns the project could impact their resort as a destination for dark sky enthusiasts.

The CEC is working to complete air quality, waste management, worker safety and fire protection studies.

Laura Roberts with the California Highway Patrol, said the CHP has an officer living in Pahrump and another in Furnace Creek who can respond to incidents.

The CHP has a mutual agreement with the Nevada Highway Patrol giving authority for up to 50 miles into each state, she said.