Wind and Solar
Wind projects require streamlined planning and efficient execution from siting, acquiring land rights and surveying to regulatory compliance. Reagan Smith’s full-service Wind Team provides completed project management and project oversight. We have successfully completed many wind farms including wind farms on Tribal and Federal Lands.
Solar projects require streamlined planning and efficient execution from siting, acquiring land rights and surveying to regulatory compliance. Reagan Smith’s full-service Solar Team provides completed project management and project oversight. We have successfully completed many solar projects including solar projects on Tribal and Federal Lands.
Acquire Land Rights.
Our team of right-of-way agents are highly trained and experienced in land values and landowner negotiations. Landowners have concerns based on the location of their property, topography and type of operation. Operators and developers also have various concerns involving expense, access, and timing. We work closely with the client and landowner to develop an agreement that is satisfactory to both parties and fosters a long-term working relationship.
Regulatory Due Diligence
Regulatory Due Diligence Reports assist developers in gaining a better understanding of the regulations, environmental issues and constraints of a particular site during the early phases of development. Reagan Smith works with clients to develop a comprehensive regulatory strategy for the project. The Regulatory Due Diligence Report includes:
All permits required for the proposed project
Noise Limits (state and local standards)
Setback Requirements
Floodplain Issues
Height Restrictions
Zoning Constraints
Endangered Species
Surface Ownership Concerns
The report also addresses timing issues and obstacles to avoid. Maps can also be provided to assist in project planning including topographic maps, ownership maps, constraint maps, and floodplain maps.
Environmental Assessments.
NEPA directs Federal agencies to thoroughly assess the environmental consequences of "major federal actions significantly affecting the quality of the human environment.” Not all Federal actions require a full Environmental Impact Statement. If the action is not likely to cause a significant impact the agency may require an abbreviated document called an Environmental Assessment (EA). Thus, EAs usually have a determination of “No Significant Impact” or “Notice of Intent to Prepare an Environmental Impact Statement.” The purpose of the assessment is to ensure that decision makers consider environmental impacts before deciding whether to proceed with new projects.
Endangered Species Act
Activities such as site clearing and wind turbine operations, may result in a take or harm of an endangered species or their habitat. The Endangered Species Act (ESA) has broader mandates than simply directing the U.S. Fish and Wildlife Service (USFWS) to protect listed plants or animals. It directs all Federal agencies to participate in endangered species conservation. Specifically, Section 7 of the ESA charges Federal agencies to aid in the conservation of listed species (Section 7 (a)(1)) and requires Federal agencies to ensure that their activities will not jeopardize the continued existence of listed species or adversely modify designated critical habitats (Section 7(a)(2)). Therefore, if you are working with any type of Federal agency, section 7 of the ESA requires a survey for endangered species that are listed in the project area.
BLM Site Specific ROW
The BLM Wind Policy authorizes a private site-specific ROW for site testing and monitoring for individual meteorological towers and instrumentation facilities (3-year term). As with all projects proposed on federally-managed lands, wind energy projects on BLM lands are subject to review under NEPA.
BLM Testing and Monitoring Grant
The BLM Wind Policy authorizes a private ROW for testing and monitoring with a renewable 3-year term for larger testing and monitoring areas. As with all projects proposed on federally-managed lands, wind energy projects on BLM lands are subject to review under NEPA.
BLM Project Development Grant
The BLM Wind Policy authorizes a private ROW for long-term commercial wind energy projects (unlimited term, generally 30 to 35 years). As with all projects proposed on federally-managed lands, wind energy projects on BLM lands are subject to review under NEPA.
BIA and Tribal Wind Farms.
The Bureau of Indian Affairs works with tribes to develop renewable energy on tribal lands. Each tribe is organized with its own treaty and constitution; therefore, there is no standard process. The level of tribal involvement in relation to the BIA will determine how to develop a proposed wind project on tribal land. All permitting requirements are reservation-specific. The developer will still be required to comply with NEPA and other federal regulations. Our staff works with tribal members and leaders on a daily basis. We are able to act as a liaison for potential wind projects and provide guidance on proposals. Our environmental staff is experienced in all aspects of the NEPA process.
BLM Solar Facilities
The BLM’s general policy is to facilitate environmentally responsible commercial development of solar energy projects on public lands and to use solar energy systems on BLM facilities where feasible. Applications for commercial solar energy facilities will be processed as right-of-way authorizations under Title V of the Federal Land Policy and Management Act (FLPMA) and Title 43, Part 2804 of the Code of Federal Regulations (CFR). All ROW applications are required to include NEPA analysis and the compliance requirements with the Endangered Species Act, the Migratory Bird Treaty Act and the National Historic Preservation Act.
Reagan Smith provides governmental liaison services throughout the application process. Our environmental and permitting staff can prepare all aspects of the permit and assist in compliance. We can streamline the process by combining the environmental review process for a solar energy development project with other required State or local environmental requirements.
Solar Maps
The Department of Energy’s National Renewable Energy Laboratory (NREL) has prepared solar insolation potential maps at the request of the BLM for Arizona, California, Nevada, and New Mexico. The maps identify areas with one percent or less slope with high levels of solar insolation that have potential for commercial solar energy development.