With a hearing regarding an amendment to Cat Creek Energy Development Agreement scheduled for August 24 at 2:30 p.m at the Elmore County Courthouse, we thought you might like to know what these types of agreements are all about.
This is what Idaho says about development agreements:
TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 65 LOCAL LAND USE PLANNING
67-6511A. DEVELOPMENT AGREEMENTS. Each governing board may, by ordinance adopted or amended in accordance with the notice and hearing provisions provided under section 67-6509, Idaho Code, require or permit as a condition of rezoning that an owner or developer make a written commitment concerning the use or development of the subject parcel.
The governing board shall adopt ordinance provisions governing the creation, form, recording, modification, enforcement and termination of conditional commitments.
Such commitments shall be recorded in the office of the county recorder and shall take effect upon the adoption of the amendment to the zoning ordinance.
Unless modified or terminated by the governing board after a public hearing, a commitment is binding on the owner of the parcel, each subsequent owner, and each other person acquiring an interest in the parcel. A commitment is binding on the owner of the parcel even if it is unrecorded; however, an unrecorded commitment is binding on a subsequent owner or other person acquiring an interest in the parcel only if that subsequent owner or other person has actual notice of the commitment.
A commitment may be modified only by the permission of the governing board after complying with the notice and hearing provisions of section 67-6509, Idaho Code.
A commitment may be terminated, and the zoning designation upon which the use is based reversed, upon the failure of the requirements in the commitment after a reasonable time as determined by the governing board or upon the failure of the owner; each subsequent owner or each other person acquiring an interest in the parcel to comply with the conditions in the commitment and after complying with the notice and hearing provisions of section 67-6509, Idaho Code.
By permitting or requiring commitments by ordinance the governing board does not obligate itself to recommend or adopt the proposed zoning ordinance. A written commitment shall be deemed written consent to rezone upon the failure of conditions imposed by the commitment in accordance with the provisions of this section.
Why are the people of Elmore County fighting so hard to stop the construction of the Cat Creek Energy project on Camas Prairie? The scenic value, quiet recreation, the wildlife, our Anderson Ranch fisheries and preserving Idaho’s traditional heritage are just some of the reasons.
Chris Stephens, the owner of the S Bar Ranch, might have captured the true essence for why this massive energy project should be shut down in the linked video.
Here are some quotes from that video
“With such diversity between the lowlands, the water, dark timber, the aspens, the sage, I think it’s the perfect area.” ~ Chris Stephens
‘It’s really just a piece of heaven [the Camas Prairie]” ~ Allen Thompson, local rancher and prairie resident.
“Just the construction alone will change the ecosystem up here. It going to bring Medusas (Medusahead rye), cheatgrasses, invasive species that aren’t here normally, and they’re going to thrive in this environment.” ~ local resident Steve Alderman
“The county and the developer had private negotiations to address the development agreement. Then they said, here is what we’re going to do, this is it. The public didn’t have a meaningful opportunity to address the issues in it. [The Development Agreement]” ~ Notable Boise, Idaho Lawyer, Merlyn Clark
Steve Alderman said of the required conditional use permit postings on Camas Prairie before the hearing, “I saw one posting. My neighbor next door to me saw zero.” He went on to say, “the residents of Elmore County and Glenns Ferry in particular, had no idea of what was going on and I bet three-quarters of them still have no idea. It’s just been washed underneath the table … no one really knew about it.”
“I’ve committed all my resources into getting the message out. This isn’t a good project for this area. You’ll never be able to clean up this area once you build these huge [500 foot tall] towers.” ~ Chris Stephens
Help stop John Faulkner / Cat Creek Energy and his misplaced 24,000-acre development.
On July 26, 2018, the Elmore County Commissioners will be hosting a Cat Creek Energy Project Rehearing. This rehearing was created because the commissioners believe the citizens deserved to be heard again on a complex project with many complex moving parts and pieces that have spanned a three year period, countless changes, and much controversy.
We understand not everyone is able to attend the 6 p.m. rehearing at the War Memorial Hall at 515 E 2nd S St Mountain Home, ID 83647 But that doesn’t mean your facts, figures and opinions cannot be entered into the official record. It can. And the Elmore County Commissioners have the responsibility to read your documents and consider your opinions before making a decision on whether the Cat Creek Energy project should be allowed to move this year. We believe the project is flawed and bad for the residents of Elmore County.
How to go “On The Record” Without Attending the Rehearing
Consider the 20 subject matter issues the commissioners have identified as problematic. The documents can be downloaded at this link … Subject Matter
Carefully consider what this project will mean to you and the residents of Elmore County.
Type up a document with all the facts, figures and opinions you feel are important.
Don’t forget to include your name and address.
Email, Fax or snail-mail your documents to:
Kacey Ramsauer
Administrative Assistant
Elmore County Land Use and Building Department
520 E 2nd S Street
Mountain Home ID 83647
PH:208-587-2142 ex 254
Fax:208-587-2120 kramsauer@elmorecounty.org
IMPORTANT: Make sure you ask to enter your documents into the record and confirm this has been done by return email
The 9th item that the Elmore County Commissioners identified as subject matter that the public can provide testimony about during the July 26, 2018, Cat Creek Energy Project Rehearing is “Communication with governmental agencies regarding fish and wildlife habitats and other matters.”
9. “Communication with governmental agencies regarding fish and wildlife habitats and other matters.” ~ Elmore County Commissioners
Hunting & Outdoor Interests
Hunting and other outdoor interests in Elmore County may want to look into the mitigation plans Cat Creek Energy has in place to avoid greatly affecting big game migration routes and what the transfer of water between water basins could do. The new “private” 100,000 acre-foot reservoir will be interconnected to Anderson Ranch Reservoir and Little Camas Reservoir. Is blue-green algae a concern to you? Remember, the Central Health District issued a health advisory for Little Camas Reservoir in 2017 and the reservoir currently has a new health advisory in place for this toxic algae.
“Central District Health Department (CDHD) and the Idaho Department of Environmental Quality (DEQ), have issued a health advisory for Little Camas Reservoir in Elmore County, due to the presence of blue-green algae. The reservoir is located northeast of Mountain Home off of Highway 20. People are urged to avoid recreating in or near the water.” Issued on June 23, 2018
The 50-story tall wind turbines will noticeably affect the viewshed but there are studies that suggest elk, deer, and pronghorns will all feel the effects of them. The 589 acres of security fenced solar farm land on Camas Prairie certainly won’t help allow the free-range of big game animals either.
Are you aware of any communication between Cat Creek Energy and the government agencies involved with the protection of Idaho’s wildlife and big game?
And Other Matters
When the Elmore County Commissions posted their 20 item guidance document as to what the public would be allowed to testify about during the July 26 rehearing, they seem to have incorporated a lot of unknowns. We already read what subject matter #9 says but let’s look at the last three words.
9. Communication with governmental agencies regarding fish and wildlife habitats and other matters.”
Not only is the allowable subject matter unclear, the supporting documents are difficult to access unless you can visit the County’s Land Use and Building Department during work hours. And then you’ll have to fill out a form to get copies of the document. I’m unsure what supporting documents would cover the “and other matters” but you’ll likely need to wade through 10,000 different documents to find out if they are applicable.
Please Attend the Rehearing and Consider Testifying Against the Project
At 6 p.m. on Thursday, July 26, 2018, the Elmore County Commissioner will hold a rehearing regarding the Cat Creek Energy project in War Memorial Hall at 515 East 2nd Street, Mountain Home, ID 83647. Local residents and concerned citizens are encouraged to offer up testimony and let Commissioners Wootan, Corbus and Hofer know you oppose a plan that has changed too many times and that will adversely affect every person in the area.
The Elmore County Commissioners have limited the subject matter that residents will be able to speak about during the July 26, 2018 rehearing regarding the Cat Creek Energy Project.
Issue #2, as identified by the commissioners, is a rather complex subject matter covering a document that is quite different than what most Elmore County residents remember when the county planning and zoning board denied the five Cat Creek Energy conditional use permits in 2016. That issue is “The site plan and project description.”
How is it Different or Why Should I Care?
Cat Creek Energy, LLC originally planned to build out their large-scale solar farm on the north side of Little Camas Reservoir.
The current plan is to build out a 590-acre solar farm on both sides of the Pine-Featherville Road near the intersection of Highway 20. This is the road residents and tourists use to get to our mountain resort communities and most of those who will attend future Mountain Home Music Festivals held on Camas Prairie.
Studies show combining a large scale solar farm surrounded by an eight-foot security fence with 31 wind turbines that are as tall as 50-story buildings will have a serious negative effect on attracting return visitors to the county. The Cat Creek Energy project will, in all likelihood, affect the struggling hotel, retail, and hospitality industry in Elmore County.
The official Cat Creek Energy, LLC project description still tells us the solar farm is “4.3 miles north up Wood Creek Road.” That isn’t even close to the current planned location on the Pine-Featherville Road nor the original plans to build the solar farm next to the RV Park next to Little Camas Reservoir.
How Big is the Proposed CCE Solar Farm
Almost 1 square mile in size
589 acres
171,000 solar panels
Comparison: New York City’s Central Park is 840 acres.
Please Attend the Rehearing. Please Testify Against the Project
At 6 p.m. on Thursday, July 26, 2018, the Elmore County Commissioner will hold a rehearing regarding the Cat Creek Energy project in War Memorial Hall at 515 East 2nd Street, Mountain Home, ID 83647. Local residents and concerned citizens are encouraged to offer up testimony and let Commissioners Wootan, Corbus and Hofer know you oppose a plan that has changed too many times and that will adversely affect every person in the area.
During the summer of 2017, Little Camas Reservoir and the two downstream reservoirs were contaminated by blue-green algae according to state agencies. Little Camas Reservoir is located just 1.5 miles and 30 feet elevation from a planned new reservoir just above Anderson Ranch Reservoir, a recreational mecca for many residents of southwestern Idaho.
That new reservoir is part of a large-scale alternative energy project that could be built in southwestern Idaho’s Elmore County unless the county commissioner can be convinced the project is coming with more problems than solutions. We know the Elmore County Commissioners number one concern is acquiring a new source of domestic drinking water for the county residents. Cat Creek Energy, LLC wants to build a large reservoir above Anderson Ranch Reservoir and have indicated Elmore County could buy some of the water if certain condition are met. That new Cat Creek Energy Reservoir will be connected by a penstock, or a number of pipes drilled down through the sheer rock face and into Anderson.
Knowing that Little Camas Reservoir was tested and found to have toxic blue-green algae in it, do we really want to open that type of water transfer and contamination to Anderson Ranch Reservoir? Fishers, boaters, swimmers, and campers surely do not want to see blue-green algae in their favorite lake.
The Cat Creek Energy. LLC Project see https://drive.google.com/open?id=1oFWoeOrPuNVcNH0aKzCbjnneVdQFPeEm&usp=sharing
The Elmore County Commissioners are holding a public Rehearing on 20 different aspects and issues regarding the Cat Creek Energy Project at 6 p.m. on July 26, 2018. If you believe this project could result in more problems than benefits for the residents, please consider testifying and stating your opposition to the project. We believe the blue-green algae problem was never considered and it could easily cross-contaminate Anderson Ranch Reservoir.
From last summer’s advisory:
“Samples taken at the Little Camas Reservoir indicate bacteria counts that could make people and animals
sick, so everyone should heed these precautions and avoid contact with the water.”
If you value the outdoor recreation in and around this beautiful mountain lake, please attend the meeting in the War Memorial Hall (American Legion Post 26 Building) located at 515 E 2nd S St Mountain Home, ID 83647.
Originally published by the Yakima Herald on May 5, 2018.
The following article is an editorial written about a proposed wind farm that could be built just north of the town of Ellensburg, Washington. Ellensburg is located in central Washinton just off Interstate 90.
Overlooking Camas Prairie where 30-40 huge wind towers could soon be built.
Written By: Kathi Pritchard and Mark Pritchard | May 5, 2018
Kittitas County has an award-winning tourism sector. Yet the county will struggle to reap the benefits of recent investments when the state’s energy siting council approves its fourth energy project in the Kittitas valley just north of downtown Ellensburg.
“At almost 500 feet, nearly as tall as Seattle’s Space Needle, these will be the tallest seen on U.S. soil.” [the same size wind towers planned for Elmore County]
A French multinational corporation just asked the council to approve 31 giant turbines. At almost 500 feet, nearly as tall as Seattle’s Space Needle, these will be the tallest seen on U.S. soil. Spanning 4,400 acres along Highway 97, this energy project will threaten tourism efforts, stifling growth in local jobs and tax revenues.
The Chamber of Commerce and other local groups teamed up to create a tourism theme emphasizing the area’s rural roots such as the “Barn Quilt Trail Map”, “Hometown Holidays” and the Ellensburg Rodeo. The county carved a niche that complements more established promotions like Yakima’s wine country and Leavenworth. These strategies depend on the same asset to draw tourists, the scenic attractiveness of rural landscapes.
This is what the Cat Creek Summit Scenic Overlook in Elmore County, Idaho would look like if our local wind farm gets approved. This is bad for tourism.
Gov. Jay Inslee recently recognized tourism as a major vehicle for building stronger rural communities by approving tourism bill SB 5251. Washington’s Tourism Office aims to promote natural wonders, hiking, and outdoor recreation opportunities throughout the state. However, tourism assets become liabilities when energy developments dominate the landscape.
“Studies report wind turbines dramatically decrease the attractiveness of a destination for tourists.”
Research from Europe, where wind turbines have operated for 25 years, offers insights for decision-makers here. Studies report wind turbines dramatically decrease the attractiveness of a destination for tourists. A 2015 study of 2200 German communities show taller turbines create the strongest negative impact on tourism. Research from Scotland is making similar headlines that 55 percent of tourists are “less likely to visit areas of the countryside industrialized by giant turbines.” Deploying turbines across Scotland’s scenic highlands also reduced tourism jobs by 7 to 14 percent in affected areas. Scotland’s policy outlines a standard for compensating communities, roughly $7,000 per megawatt from energy developers. Elected officials advocate for “a fair share in the revenues generated from their natural resources.”
“55 percent of tourists are “less likely to visit areas of the countryside industrialized by giant turbines.”
Scotland and Germany are not alone in voicing concerns. England’s popular Lake District will dismantle wind turbines this summer. Local groups say dismantling turbines restores views. In the U.S., rural communities face the same dilemma.
“Tourism will not flourish when over half of tourists avoid visiting areas with industrial-scale energy.”
Tourism will not flourish when over half of tourists avoid visiting areas with industrial-scale energy.
Tourism is the state’s fourth largest industry and weathers economic downturns better than most. State employment data report tourism delivered the largest increase in Kittitas County jobs from 2004-2016. Tourism jobs increased by 66 percent locally, with accommodations and food services accounting the majority of all new jobs added. By contrast, government jobs, including Central Washington University, decreased by 22 percent during the same period.
“Looking at these data, it is safe to say that tourism is extremely important to the Kittitas County labor market,” said Don Meseck, the state’s regional economist. No other non-farm industry makes as strong a contribution to the local economy.
For tourism to grow in our rural communities, Washington needs a moratorium on permitting new energy projects. Policymakers should consider land-use conflicts that threaten the scenic vistas vital to tourism’s success.
“We cannot afford to damage our natural assets in ways that would deter visitors from returning,” according to Gov. Paul LePage.
As a state, we could learn from Maine’s moratorium on permits for new wind turbines. Gauging effects on rural tourism is an important issue for our state. “We cannot afford to damage our natural assets in ways that would deter visitors from returning,” according to Gov. Paul LePage.
A moratorium on energy siting is critical here for tourism’s development. A statewide vision of tourism’s future and the long-term economic welfare of our communities is at stake.
* Kathi Pritchard served as county director of tourism in Oregon, promoting the state to U.S. and international markets, and more recently worked as a communications consultant for British Columbia’s Ministry of the Attorney General.
* Mark Pritchard, PhD, is a professor in the College of Business at Central Washington University. He lectures on destination branding to graduate students in France and the U.S., and has served as a consultant for state tourism agencies in British Columbia, the Yukon Territory, Arizona, Oregon, and Western Australia. They live in Ellensburg.
