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Bureau of Land Management: Nevada wind project lowered in priority - DECISION

Bureau of Land Management|November 12, 2021
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This letter finalizes the Bureau of Land Management's decision to designate the Kulning Wind Energy Project proposal as "low priority" status. In the letter the BLM Las Vegas office states that the proposal "may not be feasible to authorize," according to BLM’s regulations. This decision is not a rejection of the project and it can be appealed. The letter is provided below. The full letter with attachments and can be accessed at the document links on this page. 

 


Reply Refer to

N-100347

2800 (NVSO100)

NOV 12 2021

DECISION

Crescent Peak Renewables, LLC
Crescent Peak Wind Project - Kulning Wind Energy Project
Attn: J. Edward Duggan
5538A La Jolla Blvd.
La Jolla, CA 92037

Priority Determination

On March 3, 2021, the Bureau of Land Management (BLM) received an application for the Kulning Wind Energy Project on public land. The application was assigned the case number N-100347. Please refer to this number for all future correspondence relating to this case.

The BLM has reviewed and prioritized your application in accordance with the screening criteria in 43 CFR § 2804.35 and has determined your application to be a Low priority. The rationale for the priority determination of your application is provided in the enclosed Priority determination ‘Worksheet. Regulations found at 43 CFR §2804.35(a) state that “High-priority applications are given processing priority over medium- and -low-priority applications ..."

The BIM is developing a coordinated project plan (CPP) that will take into account the regulatory direction for processing of your Low priority application and will contact you in the future for work on your project as identified in the CPP

You may request the BLM to re-categorize your application based on new information obtained through surveys, public meetings, or other data collection, or after any changes to the application. Staff time to review the new information will be limited and based on higher priority workload demands. If you submit a request for BLM to re-categorize your priority level, the BLM will determine the schedule on which we will review the information provided.

This decision may be appealed to the Interior Board of Land Appeals, Office of the Secretary, in accordance with the regulations contained in 43 CFR, Part 4 and the enclosed Form 1842-1. If an appeal is taken, your notice of appeal must be filed in this office (at the above address) within 30 days from receipt of this decision. The appellant has the burden of showing that the decision appealed from is in error.

If you wish to file a petition (request) pursuant to regulation 43 CFR. 2801.10 or 2881 for a stay (suspension) of the effectiveness of this decision during the time that your appeal is being reviewed by the Board, the petition for a stay must accompany your notice of appeal. A petition for a stay is required to show sufficient justification based on the standard listed below. Copies of the notice of appeal and petition for a stay must also be submitted to each party named in this decision and the Interior Board of Land Appeals and to the appropriate Office of the Solicitor (sce 43 CFR 4.413) at the same time the original documents are filed with this office. If you request a stay, you have the burden of proof to demonstrate that a stay should be granted.

Standards for obtaining a stay

Except as otherwise provided by law or other pertinent regulation, a petition for a stay of a decision pending appeal shall show sufficient justification based the following standards:

(1) The relative harm to the patties if the stay is granted or denied,

(2) The likelihood of the appellant's success on the merits,

(3) The likelihood of immediate and irreparable harm if the sty is not granted, and

 (4) Whether the public interest favors granting the stay.

Shonna Dooman
Field Manager
Las Vegas Field Office

Attachments

Kulning Wind Energy Project Application Prioritization Decision Final 2021 11 12

July 31, 2022


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