The Elmore County Commissioner held two hearings regarding the Cat Creek Energy project on August 24, 2018. The commissioners did not come to any decision about either of these very complex issues during this Friday afternoon meeting.
The First Hearing
The first hearing was the “Amendment to the Development Agreement Relative to Five Different Cat Creek Energy, LLC Conditional Use Permits (CUP).” This was the longer of the two hearings and the only individuals offering public testimony where the lawyers for the county, S Bar Ranch, and Cat Creek Energy.
Commissioners Wootan and Corbus dismissed, out of hand, the S Bar Ranch’s “Notice of Objections” claim. Both the county lawyer and the lawyer for the project said neither of the commissioners will personally benefit from Elmore County accepting water from the Cat Creek Energy hydro portion of the project.
We disagree with that opinion.
Cat Creek Energy indicated that all negotiations surrounding the development agreement were conducted with complete transparency. However, Commissioner Corbus did say the newly proposed agreement on precisely what the county would pay for water delivered to them is different than what most residents heard during the 2016 approval meetings. Corbus indicated he wasn’t happy with that turn of events.
In short, the county will pay Cat Creek Energy for the operations and maintenance costs of drawing water from Anderson Ranch Reservoir and pumping it into Little Camas Reservoir. Corbus said “operations and maintenance” cost is too broad of a description and could leave the county open to very high-cost water deliveries.
The Decision: As is the case with a public hearing like this, the commissioner deliberations and ultimately, a decision whether to approve the proposed amendment to the Development Agreement, will occur in two weeks or tentatively at 1:30 p.m. on Friday, September 7, 2018.
NOTE: It is highly unlikely that the commissioners will accept new public testimony on this issue. But, at the time, the commissioners did not state definitively that no further testimony would or could be accepted.
The Second Hearing – The Rehearing Deliberations
Deliberations and a decision on the Cat Creek Energy Rehearing stemming from the public hearing on July 26, 2018 was kicked down the road for two weeks. You can read about that issues by downloading the county documentation at http://catcreek-energy.com/download/234/
Commission Corbus indicated he wanted more time to read the large amount of “just dumped in his lap” information regarding the testimony from that July 26 public hearing.
We believe asking the residents for time to consider all testimony was a prudent move. The Cat Creek Energy team did not appear to appreciate this delay but Corbus did the correct thing … right?
The Decision: First things first … the commissioners will not accept any further public testimony on this issue. That was stated rather clearly at the hearing.
The commissioner’s deliberations and decision on this issue will occur at 1:30 p.m. on Friday, September 7, 2018, in the basement of the Elmore County Courthouse located at 150 South 4th East St, Mountain Home, ID 83647. Map Link: https://goo.gl/maps/6YZFedg4Sgn
On August 22, 2018, the S Bar Ranch filed a Notice of Objections with Elmore County alleging the county has a significant and irreconcilable conflict of interest/bias in its dealing with the Cat Creek Energy project.
NOTICE IS HEREBY GIVEN that S Bar Ranch, LLC (“S Bar Ranch”) has objections for the hearing on August 24, 2018 (the “Hearing”) and the proposed actions of the Board of County Commissioners (the “Board”) with respect to the Cat Creek Energy, LLC Project—Conditional Use Permit CUP-2015-04 (the “hydro project”) and First Amendment to the Development Agreement that is the subject of the hearing.
1) S BAR RANCH CONTINUES TO OBJECT TO THE CONFLICT OF INTEREST THAT THE BOARD HAS IN THIS MATTER, WHICH PREVENTS THE BOARD FROM BEING NEUTRAL
The Board of Commissioners of Elmore County has a significant and irreconcilable conflict of interest/bias in this matter.
Under I.C. § 67-6506, a conflict of interest exists when a county grants a conditional use permit for the benefit of the county. The rule barring conflicts of interest in zoning matters is codified in I.C. § 67-6506:
A member or employee of a governing board, commission, or joint commission shall not participate in any proceeding or action when the member or employee or his employer, business partner, business associate, or any person related to him by affinity or consanguinity within the second degree has an economic interest in the procedure or action. Any actual or potential interest in any proceeding shall be disclosed at or before any meeting at which the action is being heard or considered. For purposes of this section the term “participation” means engaging in activities which constitute deliberations pursuant to the open meeting act. No member of a governing board or a planning and zoning commission with a conflict of interest shall participate in any aspect of the decision-making process concerning a matter involving the conflict of interest. A knowing violation of this section shall be a misdemeanor. I.C. § 67-6506 (emphasis added).
Idaho courts have interpreted the term “economic interest” broadly; any kind of direct or indirect pecuniary benefit qualifies. Martin v. Smith, No. 2008 WL 4727843 (Idaho Dist. Apr. 2, 2008)(order granting preliminary injunction). Idaho courts have also interpreted “participation”broadly, holding that it includes any action involved in the deliberation process. Manookian v.Blaine County, 735 P.2d 1008, 1012 (Idaho 1987) (“I.C. § 67-6506 prohibits a member…from participating even if he or she will not vote.”). A conflict of interest can also arise if the person participating in the proceeding is employed by an entity that is economically interested in the …
Oregon wildfire smoke hanging thick over Camas Prairie is only temporary. The Cat Creek Energy project is a permanent blight on Elmore County.
Cat Creek Energy, LLC, and Elmore County’s Development Agreement … the last nine issue you probably didn’t know about.
Over the past week, we have highlighted most of the issues our county commissioners have agreed to when it comes to building a sprawling power generating facility in the mountains and prairies of Elmore County. These last 9 issues run the gamut from permanent buildings to private microwave communications towers to concrete and rock crushing plants.
All these approved plans just mean more disturbances to the local environment and our coveted wildlife, fish and big game animals. And these were likely approved just so Commissioners Wootan, Corbus and Hofer can point to a project they will call “their legacy.”
Don’t let this Cat Creek Energy project become a dark smear on the long and honorable history of Elmore County. It’s not worth it for anyone other than a few elected individuals and the Faulkner family.
The Last 9 Issues
18) A cellular and/or microwave communication tower up to two hundred (200) feet in height may be placed on any of the Property on the CUP sites subject to any federal requirements and state permitting.
19) Transmission level electrical towers are engineered to accommodate the topography and electrical conductor size on any CUP site.
20) Temporary housing can be built on the PSH CUP Site to accommodate the construction cycle as provided in 6-8-206 with an approved Administrative Decision and an approved building permit.
21) One permanent Caretaker/Security dwelling unit can be constructed within the PSH or Substation CUP boundaries as provided in 6-8-89 with an approved building permit.
22) One duplex dwelling unit can be constructed within the PSH or Substation CUP boundaries as provided in 6-8-93 with a Conditional Use Permit and an approved building permit.
23) Temporary housing to accommodate construction personnel is allowed during the construction activity period under 6-8-206 and must be removed within thirty (30) days after commercial operations of the final power generator facility commences.
24) Rock crushing is allowed during the construction period as provided in 6-8-164 and an approved Administrative Decision for a temporary use.
25) Concrete batch plants are allowed during the construction period as provided in 6-8-164and an approved Administrative Decision for a temporary use.
26) For fire safety, on site equipment shall include a tender, a pumper, and all necessary equipment for fire suppression.
Be There To Oppose the Project
At 2:30 p.m. on August 24, 2018, the Elmore County Commissioners will hear from the corporate lawyers for Cat Creek Energy, LLC to amend certain aspects of the Development Agreement they signed a little over six months ago. If you are opposed to this project, please attend this public hearing or contact the commissions and let them know you don’t want this project to be built in our backyard.
Did you know that on February 9, 2018, the Elmore County Commissioners approved 26 different issues regarding the Cat Creek Energy project? They did this after County Planning and Zoning Commission denied the permits to John Faulkner in 2016. The commissioners decided the P & Z board didn’t do their due diligence? It’s hard to know the true answer to these questions, isn’t it?
The following eight issues Commissioners Wes Wootan, Bud Corbus, and Al Hofer approved may seem insignificant when considering how large the Cat Creek Energy project could be unless it’s stopped before the first shovelful of Idaho’s wild and rich dirt is dug up by tractors and backhoes.
Can you imagine electrical transmission lines running from the 500-foot tall wind towers on the Pine-Freatherville Road, through the Cat Creek Summit area and down to Little Camas Prairie? Then these transmission lines have to get on the “grid” somehow. Are we going to have 180-foot tall transmission lines or 1,000 foot plus tall towers carrying electricity to out-of-state residents strung across the entire Highway 20 corridor?
Cat Creek Energy / Elmore County Development Agreement Issues #10 through #17
10) A transmission line replaces the distribution lines from the new wind/solar substation to the main substation or switch station.
11) Wind turbine towers may be located anywhere on the Wind CUP site. The maximum number of towers is thirty-nine (39). The maximum height is five hundred (500) feet. The minimum setback from any public road is 1.25 times the overall height of the wind turbine from the centerline of the wind turbine tower. The minimum setback from any existing residential dwelling shall be at least 2,500 feet.
12) A permanent meteorological tower can be built as necessary of any wind turbine configuration up to a height of three hundred twenty (320) feet and can be placed on any of the Land on or adjacent to the Wind CUP site.
13) A Doppler radar facility can be built on any of the Land as to accommodate its performance parameters.
14) The O&M complex site can incorporate a maximum of twenty (20) acres and can be placed on any CUP site.
15) One main O&M building can be built up to a maximum fifteen thousand (15,000) square feet with an approved building permit.
16) One equipment storage building up to five thousand (5,000) square feet can be built within the footprint of the overall O&M complex site with a maximum height of thirty—five (35)feet.
17) For each CUP site, a storage building or shipping containers with a total footprint of no greater than twenty-four hundred (2,400) square feet are permitted for housing spare parts, consumables, and vehicles with an approved building permit.
Take Action Now
At 2:30 p.m. on August 24, 2018, the Elmore County Commissioners will hear from the corporate lawyers for Cat Creek Energy, LLC to amend certain aspects of the Development Agreement they signed a little over six months ago. If you are opposed to this project, please attend this public hearing or contact the commissions and let them know you don’t want this project to be built in our backyard.
Cat Creek Energy Master Site Plan Modification Issues #6 through # 9
Could this be built above Anderson Reservoir?
The Elmore County Commissioners approved 26 modifications to the Cat Creek Energy Master Site Plan when they signed the Development Agreement on February 9, 2018. While these modifications were discussed in public meetings, the vast majority of county residents were and still are completely unaware of the changes.
We believe this project has changed so much in scope and specification that county residents need to reexamine the entire project and review all the modifications to this large-scale project planned for Camas Prairie and Little Camas Prairie area of southern Idaho.
If you would like to read the full version of the Cat Creek Energy/Elmore County Development Agreement, you can download the 37 page PDF document by clicking here …
CCE_Development Agreement (9-Feb-2018)-10673026_1.
Read About Modifications #6 through # 9
6) A main electrical substation and switch station may be located anywhere in the Substation CUP as long as it is no less than 2,500 feet from any current residence.
7) The electrical switch station may be located alongside the electrical substation or may standalone.
8) If auxiliary cooling is determined to be necessary for the Pumped Storage Hydro pump/generating units by the water quality studies, a water tower is permitted by the County as part of the equipment necessary for the successful operation of the Pumped Storage Hydro facility under any federal permitting as provided in the Zoning Ordinance.
9) A new wind/solar substation replaces the collector station for the wind/solar CUP site.
The Elmore County Commissioners approved 26 modifications to the Cat Creek Energy Master Site Plan when they signed the Development Agreement on February 9, 2018. While these modifications were discussed in public meetings, the vast majority of county residents were and still are completely unaware of the changes.
We believe everyone needs to be educated and brought up to speed on those modifications to the planned construction of this large-scale project that could be built on and near Camas Prairie and Little Camas Prairie area of southern Idaho.
If you would like to read the full version of the Cat Creek Energy/Elmore County Development Agreement, you can download the 37 page PDF document by clicking here …
CCE_Development Agreement (9-Feb-2018)-10673026_1.
#1 – #5 Changes the Commissioners Approved in the Feb. 2018 Development Agreement with Cat Creek Energy
1) The Upper Reservoir commonly known as the Cat Creek Reservoir (”CCR”) can be increased to a maximum size of 1,700 surface acres and 100,000 acre-feet volume.
2) CCR can increase its depth up to ninety (90) feet maximum depth. The depth is a combination of excavation and the height of the embankment created.
3) The Pumped Storage Hydro (”PSH”) facility may contain up to six (6) penstocks, each with a maximum diameter of sixteen (16) feet.
4) The PSH facility may have underground tunnels with a maximum of thirty-four (34) feet in diameter on and under the CUP site.
5) The PSH facility may have an underground powerhouse cavern with dimensions of one hundred (100) feet in height, one hundred twenty (”120”) feet in width, and two hundred forty (240) feet in length under the CUP site.
A 100,000 acre-foot reservoir that is interconnected with Anderson Ranch Reservoir.
The amendment hearing on August 24, 2018, regarding a Development Agreement between Cat Creek Energy and Elmore County, will strictly deal with the 2.2 Water Storage and Delivery section. Below you will find the current 2.2 agreement section and the proposed amendment to that section.
2.2. Water Storage and Delivery. Given the complexities of water diversion and delivery related to the Project, and in an effort to move the Project forward without further delay, the County and Developer have agreed to defer the negotiation and execution of all Water Diversion and Delivery Agreements to a later date, to be heard after notice and public hearing, but which shall be done prior to December 31, 2018 or the CUP related to water shall lapse.
NOW, THEREFORE, in consideration of the promises, covenants, and provisions set forth herein, the Parties agree as follows:
Proposed 2.2 Amendment
The Parties hereby agree to replace Section 2.2 of the Development Agreement with the following:
2.2 Water Diversion and Delivery.
(a) The Developer shall divert and deliver water at a rate of up to 200 cubic feet per second (cfs) to the County under its water right, in priority, on a continuous flow basis, from the South Fork Boise River to Little Camas Reservoir by use of Developer’s infrastructure, as long as (1) the water can be accepted into Little Camas Reservoir, as determined by the Mountain Home Irrigation District, in its sole discretion; and (2) the water diversion and delivery does not prevent the Developer from performing its ordinary water operations, which term is defined as generating electricity via hydro-power or performing ordinary maintenance of its hydro-power infrastructure and (3) Cat Creek Reservoir stored water is at least 20,000 acre feet. Developer’s duty to divert and deliver water to the County shall be suspended during any emergency conditions that may exist outside of the Developer’s control. The Developer agrees to use commercially reasonable efforts not to schedule maintenance work during the anticipated water diversion and delivery time periods for the County.
(b) For those years when the County elects to take water delivery under Section 2.2 (a) above, charges for water diversion and delivery shall be billed to the County based on the following: (1) the Developer’s actual cost of electricity for pumping the quantity of water diverted and delivered to the County under its water right; plus (2) charges resulting from multiplication of the Developer’s Operation and Maintenance Costs, as hereafter defined, in dollars, times a ratio with the numerator being the actual volume of water diverted and delivered to the County under its water right, and the denominator being the total volume of water pumped from or discharged to Anderson Ranch Reservoir by Developer during the preceding twelve (12) month period ending on the last day in which the County elects to take water delivery. “Operating and Maintenance Costs” shall be the routine and ordinary operating and maintenance costs for maintaining the pumping, diversion and delivery systems for water obtained from Anderson Ranch Reservoir for hydro electrical generating, and pumping, diversion and delivery of water to the County, by the Developer. Operating and Maintenance Costs shall not include: (i) any charges for the actual cost of electricity for water pumping, diversion or delivery; (ii) any cost for the construction of the pumping, diversion or delivery systems for the hydro electrical generating or the pumping, diversion or delivery systems to provide water to the County, or any other costs of construction by Developer or otherwise; and (iii) any cost for the replacement of any portion of said pumping, diversion or delivery systems. Billing invoices from the Developer shall specify the total amount of water pumped, diverted and discharged to the Anderson Ranch Reservoir by the Developer and the total amount of water diverted and delivered into Little Camas Reservoir for the benefit of the County as well as the actual Operating and Maintenance Costs for the twelve (12) month period described above in which the County takes water delivery. The Developer shall invoice the County within ninety (90) days from the end of water delivery to the County for that water delivery period and provide copies of its electricity cost, operation and maintenance costs, and its water diversion records to the County with the annual invoicing. Payment by the County shall be due and payable thirty (30) days after receipt of the annual invoicing.
(c) The Developer consents to use of its diversion point for diversion of water under the County’s water right.
(d) The County will inform the Developer, or its designated agent, no less than twenty-four (24) hours prior to any County request for diversion and delivery of water under its water right. Provided, however, the County shall be under no obligation to request diversion or delivery of any water, or accept any water, and any County request for water diversion or delivery shall be in the County’s sole discretion.
(e) The Developer shall withdraw its pending protest at the Idaho Department of Water Resources against the County’s application for water permit no. 63-34348 within 24 hours of execution of this Amendment. The County agrees that it will not protest Developer’s water right application No. 63-34403 filed with the Idaho Department of Water Resources.
(f) The Developer, the Landowners, the County, and their agents, consultants, and employees shall act in good faith regarding the County and Developer’s pursuit of a water permit and license under their respective applications, pending before the Idaho Department of Water Resources, and shall also act in good faith regarding the County and Developer’s relationship with the Mountain Home Irrigation District.
(g) Notwithstanding anything in the Development Agreement to the contrary, the County’s obligations to pay for electricity for pumping and the County’s share of operating and maintenance expenses under Section 2.2(b) of the Amendment in connection with the diversion and delivery of water by the Developer to the County under Section 2.2(a), shall be subject to and dependent upon the appropriations being made in the fiscal year for the diversion and delivery of water by the Elmore County Board of Commissioners for such purpose.
ALL OTHER PROVISIONS OF THE DEVELOPMENT AGREEMENT SHALL REMAIN IN FULL FORCE AND EFFECT.
