Mt. Baker-Snoqualmie National Forest Skykomish Geothermal Project

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Chapter 1 - Purpose and Need

1.1 Summary

The Mt. Baker-Snoqualmie National Forest (MBS) proposes to respond to a request from the

Bureau of Land Management (BLM) to grant Consent to Lease approximately 12,300 acres that

have been nominated for leasing on the Skykomish Ranger District. This project will analyze the

suitability of these acres for geothermal exploration and future development. The Forest Service

(FS) will determine if the lands should be leased, leased with stipulations, or withdrawn from

further consideration for leasing and subsequent development. For lands selected for leasing, the

FS would also identify stipulations that would constrain any subsequent exploration or

development activities. This project will not make the decision to grant leases or authorize any

exploration or development activities.

The project area is located in Snohomish County on the Skykomish Ranger District,

approximately 6 air miles northeast of the town of Skykomish and approximately 9 air miles

northeast of the town of Index, located in the North Fork Skykomish, Beckler, and Rapid River

watersheds. A total of approximately 12,300 acres are described in Appendix A and shown in

Figure 1.

Leasing in itself has no direct impacts on any resources; aside from establishing an encumbrance

on the leased lands. Subsequent post-leasing development may have impacts on resources.

However, these impacts would be avoided, minimized or negated through the application of

lease stipulations or through the implementation of Best Management Practices (BMPs) if and

when future exploration or development is proposed. Any post-leasing exploration or

development would be subject to further environmental analysis.

In accordance with the National Environmental Policy Act (NEPA), an interdisciplinary (ID)

team of resource specialists conducted analysis of the Skykomish Geothermal Consent to Lease

project. The Team performed the necessary research, conducted an assessment of the project’s

specific proposed action, sought public involvement, considered alternatives to the proposed

action, and determined which stipulations would be required to protect their individual resources

if consent were authorized.

This Environmental Assessment (EA) documents the potential environmental effects related to

the Proposed Action. The EA gives sufficient detail to the public and the decision maker to

provide an understanding of the environmental effects (consequences) of the alternatives, and to

provide the decision maker with enough information to make a reasoned choice between

alternatives. The decision maker will use the EA as the basis of the decision, which will be

documented in a Decision Notice and Finding of No Significant Impact.

The project, if implemented, would authorize the BLM to conduct geothermal lease sales for

those lands nominated that the FS manages. Stipulations developed in this EA will be

incorporated into any lease that the BLM would offer to the public.

1.2 Geothermal Leasing Process

Leasing geothermal resources on Federal lands is authorized under the Geothermal Steam

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Act of 1970, as amended by the Energy Policy Act of 2005. The BLM is the federal

government’s minerals manager and is responsible for issuing leases on NFS lands, but can

only do so if the FS consents to leasing.

This geothermal lease nomination will be processed according to administrative procedures in

the BLM regulations at 43 Code of Federal Regulations (CFR) Part 3200, and as outlined in the

Memorandum of Understanding (MOU) between the United States Department of the Interior

and United States Department of Agriculture for Implementation of Section 225 of The Energy

Policy Act of 2005 Regarding Geothermal Leasing and Permitting, hereafter referred to as the

National-level MOU. Under the terms of the National-level MOU, the FS and the BLM

committed to jointly prepare NEPA documents that will meet the requirements of both agencies

in reaching their independent leasing decisions. The Energy Policy Act of 2005 further requires

federal agencies to respond in a timely fashion to applications for energy resources.

According to the procedures for geothermal leasing in 43 CFR 3200, BLM grants access

to geothermal resources through a formalized leasing process based on end use. Uses such

as electrical generation are known as “indirect uses”, and are leased under a competitive

process. Other uses, known as direct uses (such as heating pools, spas, greenhouses, and

other buildings) also require a lease; however, are leased non-competitively. In general,

areas are nominated for lease by the public. The geothermal lease nomination subject to

this analysis is for indirect uses, and thus if approved would be competitively leased.

With respect to geothermal leasing, when an applicant provides BLM a nomination that involves

National Forest System (NFS) lands, BLM forwards the proposal to the FS. The FS is

responsible for consenting (or not consenting) to the leasing of NFS lands, for conducting NEPA

analysis for leasing, for developing appropriate terms and conditions under which the lease may

be developed, and for ensuring that doing so is consistent with the Land and Resource

Management Plan developed under the National Forest Management Act.

If FS consent is given, the BLM is responsible for conducting geothermal lease sales and

issuing the leases. Although the BLM cannot issue a lease without the consent of the FS,

the BLM can add any additional terms, conditions or stipulations that it deems

necessary or appropriate and must make an independent decision whether to issue the lease

after reviewing the decision and documentation presented by the FS, and any other relevant

factors.

Leasing geothermal resources by BLM vests with the lessee a non-exclusive right to future

exploration and an exclusive right to develop, produce, and use the geothermal resources within

the leased area (subject to existing laws, regulations, and formal orders) under the terms,

conditions and stipulations in or attached to the lease form. Lease issuance alone does not

authorize any ground-disturbing activities to explore for or develop geothermal resources

without site specific approval for the intended operation.

If leased, geothermal resource development would occur in four phases: exploration, drilling

operations, utilization, and reclamation or abandonment. Each phase requires a permit from

BLM. Each would require an application, environmental review, and approval by BLM. Also at

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each stage, BLM (in consultation with the FS on NFS lands) can issue site-specific conditions of

approval to further protect resource values. If facilities are proposed off-lease then the FS would

review such a proposal and evaluate it on its own merits, including conducting a NEPA analysis

as needed.

1.3 Proposed Action

The FS will evaluate the suitability of approximately 12,300 acres; either consent, or not consent,

to their potential leasing, exploration, and development of geothermal resources; and develop

stipulations, which BLM is required to incorporate into any lease offered for competitive

auction.

This evaluation is based on management direction provided in the Land and Resource

Management Plan (LRMP), Northwest Forest Plan (USDA FS & USDI BLM, 1994), applicable

statutes, and current resource information. The FS will eliminate (deny) lands from further

consideration when leasing would violate current law, regulation, or management direction. For

lands determined to be suitable for leasing and potential development, the FS will develop

stipulations, which BLM is required to incorporate into any lease offered for competitive

auction, to reduce or eliminate adverse environmental impacts associated with exploration and

subsequent development of geothermal resources. For a more detailed description of the

Proposed Action activities, refer to Alternative B – Proposed Action in Chapter 2.

1.4 Purpose and Need for Action

The purpose and need of the Skykomish Geothermal Consent to Lease Project has two elements:

1. There is a need for response to a BLM request for consent to make NFS lands

available to potential leasing for geothermal exploration and development.

Background: Specifically, the FS needs to coordinate with BLM to issue decisions on pending

nominated lands in accordance with the Energy Policy Act of 2005. The Act responds to policy

directives for clean and renewable energy, meeting the increasing energy demands of the nation

while reducing reliance on foreign energy imports, reducing greenhouse gas emissions, and

improving national security. Likewise, the Geothermal Steam Act of 1970 guides the leasing of

lands containing geothermal resources. The BLM administers the Act, issuing distinct

authorizations for the exploration, development, production, and closeout of a geothermal

resource.

2. For lands determined suitable for potential leasing, there is a need for

identification of appropriate resource protection stipulations to those lands.

Background: In accordance with the Acts above, the FS identifies geothermal lease stipulations

where potential leasing may conflict with land management direction. If the leasing of lands for

the development of geothermal energy would cause unacceptable impacts to public lands or

resources even with lease stipulations, the FS would deny consent and the BLM would not have

a right to lease that land. It is the responsibility of the FS to identify where potential resource

degradation may occur and develop stipulations to minimize or eliminate negative impacts.

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Figure 1. Project Vicinity Map

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1.5 Decision Framework

The Forest Supervisor for the Mt. Baker-Snoqualmie National Forest is the Responsible Official

for the project. The Forest Supervisor will make three decisions as part of the final decision:

1. Whether to consent to lease nominated lands with no added stipulations,

2. Whether to consent to lease nominated lands with stipulations, or

3. Whether to deny the consent to lease nominated lands on the National Forest.

The Forest Supervisor will document her decision and rationale in a Decision Notice and Finding

of No Significant Impact consistent with the requirements of Forest Service NEPA regulations

(36 CFR 220.7(c)). The Decision Notice will determine consistency with the Forest Plan, as

amended.

1.6 Authorities

Geothermal Steam Act of 1970

The Geothermal Steam Act of 1970, as amended by the Energy Policy Act of 2005, governs the

leasing of geothermal steam and related resources on Federal lands. This geothermal lease

nomination will be processed under the authority of this act and its implementing regulations at

43 CFR 3200.

Mining and Minerals Policy Act of 1970

Section 2 of the Mining and Minerals Policy Act of 1970 encourages the development of mineral

resources, including geothermal resources, on Federal lands by stating that it is the “continuing

policy of the federal government in the national interest to foster and encourage private

enterprise in the development of economically sound and stable domestic mining minerals and

mineral reclamation industries, … (and) the orderly and economic development of domestic

mineral resources....”

Energy Policy Act of 2005

The Energy Policy Act of 2005 establishes a comprehensive, long-range domestic energy policy,

and encourages the leasing and development of geothermal resources on Federal lands. It

contains provisions to facilitate development of newer, more energy-efficient technologies such

as geothermal energy resources.

Federal Land Policy and Management Act of 1976

The Federal Land Policy and Management Act of 1976 states that public lands are to be managed

in a manner that recognizes the need for the domestic sources of minerals, including renewable

and non-renewable resources.

Executive Order 13423

Executive Order 13423 specifies the increased use of renewable energy and is further tied to the

Energy Policy Act of 2005.

State of Washington Renewable Portfolio Standard Program

The Washington Renewable Portfolio Standard Program is a Washington law that requires

investor-owned utilities to obtain 15 percent of the power supplied to customers to be generated

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from renewable resources by 2015. Geothermal energy is included in the definition of renewable

resources under the program.

1.7 Tribal Consultation and Public Involvement

On May 9, 2012, the Forest Service sent consultation notices to local Tribes for this proposal.

The Forest Service received one written comment from the Tulalip Tribes. The scoping letter and

written comments received are available in the Project Record.

On June 6, 2012, the Forest Service sent scoping notices of this proposal to interested citizens,

groups, industry, and agencies. The Forest Service received 11 written comments from interested

citizens, organizations, and one governmental agency. The scoping letter and comment letters

received are available in the Project Record.

1.8 Issues

Forest Supervisor Jennifer Eberlien, reviewed public comments received during scoping and the

preliminary environmental effects identified by the ID Team assigned to the project. One

purpose of the review was to determine if there were any key issues to be addressed based on

criteria for issues in the Council on Environmental Quality (CEQ) regulations at 40 CFR 1501.7.

Non-key issues are identified as those:

Outside the scope of the proposed action;

Already decided by law, regulation, Forest Plan, or other higher level decisions;

Irrelevant to the decision to be made; or

Conjectural and not supported by scientific or factual evidence.

Key issues are used to develop alternatives, identify mitigation measures, or track environmental

effects. Issues may be “key” due to the extent of their geographic distribution, the duration of

their effects, or the intensity of public interest or resource conflict.

No key issues were identified for this project.

1.9 Relationship to Forest Plan

This Environmental Assessment has been prepared in accordance with regulations for

implementing the National Environmental Policy Act of 1969 (NEPA), located at 40 CFR 1500-

1508. It is tiered to the Final Environmental Impact Statement (FEIS) for the Mt. Baker-

Snoqualmie Land and Resource Management Plan (USDA, 1990), as amended. Major plan

amendments since 1990 include:

Final Supplemental Environmental Impact Statement on Management of Habitat for Late

Successional and Old-growth Forest Related Species Within the Range of the Northern

Spotted Owl, as adopted and modified by the April 1994 Record of Decision, which

provides additional standards and guidelines (USDA FS & USDI BLM, 1994), and

commonly known as the ROD, or the Northwest Forest Plan (NWFP)).

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Record of Decision and Standards and Guidelines for Amendments to the Survey and

Manage, Protection Buffer, and Other Mitigation Measure Standards and Guidelines

(USDA, USDI 2001).

Record of Decision to Clarify Provisions Relating to the Aquatic Conservation Strategy

Amending Resource Management Plans (USDA FS & USDI BLM, 2004)

Record of Decision for the Pacific Northwest Region Invasive Plant Program: Preventing

and Managing Invasive Plants (USDA, 2005).

The 1994 ROD includes seven land allocations, which amend the allocations in the 1990 Forest

Plan1. There is considerable overlap among some allocations, and more than one set of standards

and guidelines may apply. Where the standards and guidelines of the 1990 Forest Plan are more

restrictive or provide greater benefits to late-successional forest-related species than do those of

the 1994 ROD, those existing standards and guidelines apply. The 1994 Forest Plan amendment

also includes Forest-wide Standards and Guidelines, in addition to those in the 1990 Plan, and an

Aquatic Conservation Strategy (ACS) designed to help improve the health of the aquatic

ecosystem2.

1.9.1 Land Allocations

The 1990 Forest Plan, the 1994 ROD, and the 2001 and 2004 amendments included additional

Forest-wide Standards and Guidelines, which guide management of this National Forest. The

Skykomish Geothermal Consent to Lease project area encompasses the following land

allocations (Figure 2).

Administratively Withdrawn Areas: These include certain recreation and wildlife emphasis, and

other allocations from the 1990 Forest Plan that are not scheduled for timber harvest. Included

are: MA 1B – Semi-Primitive Non-motorized Dispersed Recreation; MA 12 – Habitat for Mature

and Old Growth Wildlife Habitat3; MA 15 – Mountain Goat Habitat; MA 19 – Mountain

Hemlock Zone4.

Late Successional Reserves and Late Successional Old Growth: The main objective for these

reserves, in combination with other land allocations and standards and guidelines, is to maintain

a functional late successional and old growth forest ecosystem as habitat for late successional

and old growth related species.

Riparian Reserves: This allocation, an Aquatic Conservation Strategy (ACS) component,

includes areas along all streams, wetlands, ponds, lakes, and unstable or potentially unstable

areas. Riparian Reserves are mapped overlaying all other allocations. Silvicultural practices can

1 The MBS National Forest has no Managed Late-Successional Reserve allocations.

2 The ACS has four components: Riparian Reserves, Key Watersheds, Watershed Analysis, and Watershed

Restoration. 3 Pine marten and pileated woodpecker.

4 This MA is designed to be a study area to test reforestation within the mountain hemlock zone. No study has yet

been prepared.

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be applied to control stocking, reestablish and manage stands, and acquire desired vegetation

characteristics needed to attain ACS Objectives (see 1994b ROD, p. C-32).

Matrix: The matrix allocation includes federal lands not in the other allocations. It is the area in

which scheduled full and partial yield timber harvest may occur. Matrix may also include non-

forested areas and lands that are technically unsuited for timber harvest. In the Skykomish

Geothermal project area, Matrix allocations include: MA 1D – Roaded Natural Recreation; MA

2A and 2B – Scenic Viewshed, Foreground and Middleground; MA 5B – Recommended Scenic

River; MA 14 – Deer and Elk Winter Range; and MA 17 – Timber Emphasis.

1.9.2 Selected Forest Plan Standards and Guidelines

Refer to the Project Record, Forest Plan Standards and Guidelines, for a list of Forest Plan

Standards and Guidelines relevant to this project. Refer to the “Forest Plan Consistency” section

at the end of each resource area in Chapter 3 of this EA for an assessment of project consistency

with these Standards and Guidelines.

1.10 Other Laws, Direction, and Analyses

A list with a description of applicable laws, direction, and analyses is available in the Project

Record and incorporated by reference in this Environmental Assessment.

1.11 Project Record

This EA incorporates by reference the Project Record (40 CFR 1502.21) documenting this

NEPA process. The Project Record contains Specialist Reports and other technical

documentation used to support the analysis and conclusions in this EA. These Specialist Reports

address fish, forest vegetation, plants, watershed resources, wildlife, heritage and treaty

resources, lands and minerals, and recreation. Specialist Reports document the detailed

analytical framework, methods, and conclusions employed to assess impacts on these resources.

The reports also describe the affected environment, or baseline conditions, that provide

background for the discussion of environmental consequences summarized in Chapter 3 of this

EA.

Relying on Specialist Reports and the Project Record helps implement the CEQ Regulations’

provision that agencies should reduce NEPA paperwork (40 CFR 1500.4). The objective is to

furnish enough specific information to demonstrate a reasoned consideration of the

environmental impacts of the alternatives and how these impacts can be mitigated, without

repeating detailed analysis and background information available elsewhere. The Project Record

is available for review at the Skykomish Ranger District in Skykomish, Washington.

1.12 Maps and Acres Precision

All map boundaries and acre figures are approximations based on best available information at

the time, and actual implementation may differ slightly to better reflect on-the ground conditions.

Miles of roads and acreages are estimates based on aerial photography and map interpretation

and may change with final ground verification and project layout.

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Figure 2. Land Management Allocations