Cat Creek Energy – A Problem, Not A Solution!

Camas Prairie, Elmore County, Idaho

Category Archives: A Problem

Federal Regulatory Commission Tells Cat Creek to Submit Progress Reports Now

(Last updated on Wednesday, April 13, 2022) – While the Elmore County Commissioners are reconsidering a previous decision to give Cat Creek Energy an extension on the construction of their large energy project, the Federal Energy Regulatory Commission (FERC) told Cat Creek they legally need to file progress reports on the pump storage hydro electrical generating facility portion of the project. The progress report deadline Cat Creek should have submitted expired about two weeks ago or more specifically, March 31, 2022. 

If Cat Creek Energy cannot even be bothered to submit a progress report to the US Government regarding the project they want to build on lands only 20 miles to the northeast of Mountain Home, Idaho, what makes the resident of Elmore County or the Elmore County Commissioners believe Cat Creek will follow through on any of the requirements set forth in the project’s Development Agreement between Elmore County and Cat Creek Energy, LLC. 

Below is a copy of the letter the FERC sent to Cat Creek Energy in April 2022, or download the pdf file at https://catcreek-energy.com/wp-content/uploads/2022/04/FERC_overdue-progress-report-13Apr2022.pdf

FEDERAL ENERGY REGULATORY COMMISSION

Washington, D.C. 20426

April 13, 2022

OFFICE OF ENERGY PROJECTS

Project No. 14655-001-Idaho
Cat Creek Energy and Water Storage Project
Cat Creek Energy, LLC

VIA Electronic Mail

James Carkulis
Cat Creek Energy, LLC
jtc@ccewsrps.net

RE:  Overdue Progress Report

 Dear Mr. Carkulis:
     Article 4 of the successive preliminary permit1 for the above referenced project requires submittal of a progress report every 12 months. According to our records, the progress report due March 31, 2022, has not been filed.
     The failure to timely file a progress report warrants the cancellation of the preliminary permit. This letter constitutes notice under section 5 of the Federal Power Act of the probable cancellation of the preliminary permit no less than 30 days from the date of this letter.
If you have any questions, please contact Michael Tust at (202) 502-6522 or michael.tust@ferc.gov.

 

 Sincerely,

~ Signed ~ 

David Turner, Chief Northwest Branch
Division of Hydropower Licensing

__________________
1167 FERC ¶ 61,046.

 

Originally published on April 13, 2022

 

Thanks,

A Concerned Group of Idaho Residents!

County Commissioners Unwisely Grant Cat Creek Energy an Extension on Their Project

(Last updated on Saturday, April 9, 2022)  – On February 11, 2022, the Elmore County Commissioners granted Cat Creek Energy a new two-year extension to begin construction on their massive energy project in the mountains northeast of Mountain Home, Idaho. This was both a mistake and outside the realm of their responsibilities in our opinion. In short, we believe the development agreement only allows an extension to be granted if the project is likely to be operational in two years. In fact, the project has barely begun the FERC approval process, has no water rights nor environmental impact report.  The list is long but one thing we know is that Cat Creek Energy has consistently failed to meet most deadlines.

The S Bar Ranch has filed the following Request for Reconsideration motion with the county commissioners. A reconsideration public hearing with the county commissioners will be held on Friday, April 15, 2022, at 1:30 pm in the Elmore County Courthouse in Mountain Home. Prior to that public hearing, concerned citizens may file written comments regarding the proposed new extension until Tuesday, April 12, 2022. Comments will also be accepted at the Friday, April 15 hearing.

We hope you will let your Elmore County Commissioners know your thoughts and concerns about this extension. 

Land Use and Building Department

520 East 2nd South Street
Mountain Home, ID 83647
Phone: (208) 587-2142 ext 1256
Fax: (206) 587-2120
www.elmorecounty.org 

Date: March 23, 2022

To: Whom It May Concern

Subject: Notice of Public Hearing

Applicants: Merlyn W. Clark for S Bar Ranch LLC

Case #: Reconsideration of EOA-2022-01

Proposal: S. Bar Ranch appeals to the Elmore County Board of County Commissioners for reconsideration of Extension of Approval granted to CUP-2015-03, CUP-2015-04, CUP-2015-05, CUP-2015-06, and CUP-2015-07.

A public hearing will be held before the Elmore County Board of County

Commissioners (the “Board”) on Friday, April 15, 2022, at the hour of 1:30 p.m.

in the Elmore County Courthouse, downstairs in the Commissioner’s room, 150

South 4th East, Mountain Home, ID 83647, for reconsideration of the extension

of approvals granted to Cat Creek Energy, LLC Conditional Use Permits (CUP-

2015-03, CUP-2015-04, CUP-2015-05, CUP-2015-06, and CUP-2015-07).

 

The Board issued its Findings of Fact, Conclusions of Law, and Order on

February 11, 2022 (following a public hearing on February 4, 2022) for granting

a one-time two-year time extension for the five CUPs as provided for in the

Development Agreement signed on February 9, 2018. S Bar Ranch, LLC, filed a

timely request for the Board to reconsider its Findings of Fact, Conclusions of

Law, and Order and rescind the order for the approval of time extension(s) on

the CUP(s). The reconsideration request is reviewed by the Land Use and

Building Department under Elmore County Code 7-3-12. The Director has

conferred with the Board and the Board has granted a reconsideration hearing.

 

Please review the request and provide your written comments to the

Elmore County Land Use and Building Department, 520 East 2nd South Street,

Mountain Home, ID, 83647, by 5:00 p.m. on Tuesday, April 12, 2022, so your

comments are included in staff report. All interested persons shall be heard at

said hearing and the public is welcome and invited to submit testimony.

Testimony will be limited to reconsideration of extension(s) of the CUP(s).

 

The Elmore County Board of Commissioners is responsible for ensuring

compliance with the Americans with Disabilities Act of 1990 (ADA). Any person

needing special accommodations to participate in the public hearing should 

contact the Elmore County ADA Coordinator, Kacey Ramsauer, 24 hours prior to

the Public Hearing at 208-587-2142 ext. 1254, or email ADA@elmorecountv.org.

 

Sincerely,

 

~~ Signed ~~

 

Mitra Mehta-Cooper, Director

Originally published on April 3, 2022

 

Thanks,

A Concerned Group of Idaho Residents!

A Pine, Idaho Homeowner Explains Why “The Project” is Bad for the County

Elk and mule deer migration patterns be disrupted.

  • The Cat Creek Energy site would be built within a major migration corridor for mule deer, elk, pronghorn, raptors, and fish and other animals like bats.
  • The Cat Creek Energy site would be built in important sage grouse habitat.
  • The Cat Creek Energy site would affect our fishery and water quality.
  • The Cat Creek Energy site would create unacceptable noise pollution on Anderson Ranch Reservoir.

On May 16, 2019, Judge Nancy Baskin will have the opportunity to hear oral arguments that support the fact that the actions of Elmore County in regards to the Cat Creek Energy project approval were invalid. As a result we expect the judge will remand the project back to the Director of the P&Z Commission as early as July of this year.

Below you can read for yourself another of the many reasons we believe Judge Baskin will rule that the CUP approval process and the subsequent 2019 Development Agreement between Cat Creek and Elmore County were legally and procedural flawed.

 

Reference: Page 14 of the Petition for Judicial Review document at https://catcreek-energy.com/download/928/

Another opponent of the Project, Wendi Combs, a resident of Pine, Idaho, testified that the Project does not belong on Anderson Ranch Reservoir. She stated that “according to Fish and Game, the proposed site does lie within a major migration corridor for mule deer, elk, pronghorn, raptors, and fish and other animals like bats.

The area is an important sage grouse habitat. Sage grouse do not like tall structures, such as wind turbines, power lines, and towers. Displacement, avoidance and reduced nesting success are well documented.

Fish and Game are concerned about water quality impacts, entrainment of fish, particularly the bull trout, and endangered species. “We’re not talking about one, but six silos pumping water up and down the reservoir 24/7, 365 days a year,” their words in quotes.

Then there is the noise pollution that will affect all the surrounding neighbors and campsites rendering them practically useless for solace and enjoyment.”

We invite you to read the full 64 pages of the Judicial Review document that S Bar Ranch filed with Fourth Judicial District of Idaho to right this Cat Creek Energy wrong.

Download the document at https://catcreek-energy.com/download/928/

Take Action

Please help us stop the Cat Creek Energy project from moving forward. Contact County Commissioners Bud Corbus, Wes Wootan and Al Hofer and tell them you are opposed to this ill-conceived mega-energy project.

You can use the county website “Contact Form” at https://elmorecounty.org/contact/

or

See https://catcreek-energy.com/mailing-addresses-for-cat-creek-energy-issues/

Thanks.

 

Increased Concern for Big Game in the Cat Creek Energy Project Area

On February 9, 2018, the Secretary of the U.S. Department of the Interior (DOI) signed Order 3362 in an effort to protect and preserve wintering habitat and migration corridors in the western U.S for elk, deer, and pronghorn. Within that order is the Smoky Boise Complex area experts believe need special consideration and protection. That complex includes all of the Cat Creek Energy project footprint.

We have been saying for the past year that the proposed Cat Creek Energy project needs to be shut down. And we also have stated our concerns with the elk and deer migration corridor running directly through the landscape this mega-energy project in the backcountry of Elmore County would be built on.

Please take a close look at the map (https://catcreek-energy.com/wp-content/uploads/2019/04/Smoky-Boise-Complex.jpg) and you’ll see our elk, deer and a sizable number of pronghorns live, winter and migrate through this area. Cat Creek Energy has yet to address any of the problems associated with the 500-foot tall wind turbine complex, the 590 acres of fenced in solar panels nor the destruction of habitat that will come from a new 100,000 acre/foot reservoir.

Reference: Please download and review the 25-page document and do your own research. Direct download at https://catcreek-energy.com/download/975/

Here are a few things the DOI said in Order 3362

Energy Development is not Compatible With Big Game Species

Many wildlife species must migrate each year to survive as individuals and populations. Land uses such as residential and energy development, fences, roads, and large scale habitat changes due to wildfire or noxious/invasive weeds degrade winter range and disrupt migration routes that allow animals to move from one place to another. Such effects can not only reduce wildlife population growth but can also reduce the harvestable surplus of game species available for hunting, leading to decreases in hunting opportunity and hunters, resulting in an adverse impact to Idaho’s economy and cultural values.

DOI Tells Fish & Game to Protect Migration Pathways

Idaho Department of Fish and Game (IDFG) and other partners are now only beginning to understand the full scope of how and where movement and migration help sustain native wildlife. It is important for IDFG and stakeholders to manage and conserve the wildlife, their important migration and movement pathways, and associated seasonal habitats such as winter range.

The Complex Identity

Smoky Boise Complex – Winter Range – N of I84 Boise to Mountain Home and US 20 Cat Creek Summit to Hill City

Why this Area was selected: Safety due to wildlife-vehicle collisions. Largest mule deer herd in the state. The area provides and important south aspect winter range for elk and mule deer in the Bennett Mountains and north of I84. It includes summer range in the Upper Boise River – Smokey Area areas and migration areas across US 20.
Habitat types: Primarily sagebrush steppe in the Owyhee Uplands ecological section. Important stopover areas within the corridor: Winter range of south facing Danskin Mountains and foothills to the north of I84. Upper Camas Prairie and the lower Solider Mountains

What Can You Do?

We’ve asked you to contact all three of the Elmore County Commissioners for the past year. It’s still imperative that these commissioners understand you are opposed to the entire Cat Creek Energy project. Use this link to contact the Board of County Commissioners at https://elmorecounty.org/contact/

We now ask that you contact the Idaho Department of Fish and Game to let them know:

  • The Cat Creek Energy project sits in the middle of a critical wildlife migration and wintering complex.

  • You are opposed to the Cat Creek Energy project.

  • And

  • The D F & G should also state their opposition to the Cat Creek Energy project unless they are looking to decrease the total number of elk and deer in Hunting Units 39, 43, 44 & 45.

Call

 

Thanks for your help in stopping the Cat Creek Energy project.

 

National Forest Service Concerns Regarding the Cat Creek Energy Project

This “Bull Trout Country” sign is located just 5 miles west of the proposed Cat Creek Energy project lands.

The Federal Energy Regulatory Commission (FERC) and The National Forest Service commented about the concerns they have about the Generation Pumped Storage Hydroelectric Project, P-14655 portion of the Cat Creek Energy project back in October 2015. Those concerns have yet to be addressed as of late-March 2019.

A letter dated October 25, 2015, from Kimberly D. Bose from the Federal Energy Regulatory Commission (FERC) highlights their concerns that Cat Creek Energy needs to act in a timely manner and in good faith before they will issue a temporary permit to begin some very critical studies within the Elmore County backcountry. Their main area of concern is the South Fork of the Boise River basin and the Little Camas Prairie located about 18 miles northeast of Mountain Home, Idaho.

Reference: Page 4 and 5 of “FERC-COMMENTS of U.S. Forest Service on Cat Creek Energy Generation Pumped Storage“ document. Please feel free to download the 25 Oct 2015 letter by clicking HERE FERC-COMMENTS of U.S. Forest Service on Cat Creek Energy Generation Pumped Storage … or https://catcreek-energy.com/download/964/

 

Here is Just a Part of the National Forest Service / FERC Concerns

Fisheries Resources

The Anderson Ranch Reservoir fisheries resource consists of rainbow trout, bull trout, whitefish, chinook salmon, kokanee salmon and smallmouth bass. South Fork Boise River below Anderson Ranch Reservoir is a Blue Ribbon fishery consisting of rainbow trout, bull trout, mountain whitefish, and sculpin.

  • Threatened, Endangered and Sensitive Species (TES) and critical habitat
    Endangered Species Act

  • Bull trout are listed as a threatened species (63 FR 31647 31674) under the
    Endangered Species Act.

  • Anderson Ranch Reservoir up to full pool is designated critical habitat (75 FR
    63898 64070) under the Endangered Species Act.

  • South Fork Boise River below Anderson Ranch Reservoir is designated critical habitat (75 FR 63898 64070) under the Endangered Species Act.


Concerns

  • Entrainment – bull trout and other species could be entrained when pumping
    water up to the holding basin.

  • Temperature – Increase in water temperature to Anderson Ranch Reservoir or the South Fork Boise River depending on the alternative considered and where water is released. The newly constructed dam would be a shallow reservoir and water temperatures would increase rapidly through solar radiation during hot summer months. An increase in water temperature could impact bull trout and could have effects on other fish resources within the reservoir.

  • Sediment – Increase in sediment from construction, maintenance and operation of hydroelectric facilities and associated power lines.

  • Supersaturation –  Supersaturation occurs when air becomes trapped in water
    spilled over a dam as it hits the pool below. If too much nitrogen is absorbed in the bloodstream of fish, air bubbles form and create the equivalent of what dives call “the bends” and fish die.

Please help us stop the Cat Creek Energy project from moving forward. Contact County Commissioners Bud Corbus, Wes Wootan and Al Hofer and tell them you are opposed to this ill-conceived mega-energy project.

You can use the county website “Contact Form” at https://elmorecounty.org/contact/
or
See https://catcreek-energy.com/mailing-addresses-for-cat-creek-energy-issues/

 

Thanks.

Elmore County let Cat Creek Submit a new Master Site Plan in Nov. 2016?

Why would the County Commissions allow Cat Creek Energy to submit a new master site plan for the 3,730 acre mega-energy project in Elmore County’s backcountry without proper public notice?

Submitting a new master site plan is not permissible unless it is properly and legally “noticed.” That includes published legal notices in the local newspaper and the notifying residents that own property within one mile of the project area. The S Bar Ranch and other ranches would be within one mile of some of those huge 500-foot tall wind turbines if the county allows them to be built.

Those proposed wind turbines would also be located in a known and documented elk, deer and pronghorn migration corridor.

Reference: Pages 10 and 11 of the Petition for Judicial Review document at https://catcreek-energy.com/download/928/

Snippets from the document

On August 26, 2016, the Developer submitted an appeal from the P&Z Order to the Board of County Commissioners of Elmore County (the “Board”) and Supplement Appeal on October 25, 2016. The Board heard the matter in public hearings on November 16, 2016 and 17, 2016, and December 16, 2016

At the hearing on November 16, 2016, the Developer presented evidence that had not previously been presented, which materially changed the applications for the CUPs, including a new master site plan. Although Petitioner was included in the mailing for the Notice of Public Hearing on November 16, this new evidence was not properly noticed as part of the hearing and Petitioner did not have a proper opportunity to respond to this new evidence.

For example, in violation of I.C. § 67–6512(b), the Notice of Appeal Hearing for the public hearings on November 16 and 17, 2016, contains no reference to the construction of wind turbines that will be up to 500’ tall and be located within one mile of Petitioner’s property.

As a consequence, Petitioner was not alerted to the fact the Ranch would be adversely affected by the construction of wind towers within one mile of the Ranch and the adjoining area.

During the November 16, 2016 appeal hearing, the Commissioners discussed the issue of noise from the wind mills with Cat Creek representative, James Carkulis.
question, Mr. Carkulis stated: “Noise from equipment. Yes, undoubtedly. Something moves there is going to be noise. The fact of the matter is though that where the wind turbines is [sp] located, there are no residences around. It is almost a moot point. It is just not going to be a concern.”

Please help us stop the Cat Creek Energy project from moving forward. Contact County Commissioners Bud Corbus, Wes Wootan and Al Hofer and tell them you are opposed to this ill-conceived mega-energy project.

You can use the county website “Contact Form” at https://elmorecounty.org/contact/

or

See https://catcreek-energy.com/mailing-addresses-for-cat-creek-energy-issues/

 

 

 

All Five Cat Creek Energy Permits “Were” Dependent Upon Each Other

The Master Site Plan changed again?

 

The story of the five Cat Creek Energy conditional use permits (CUPs) that John Faulkner applied for in 2015 gets lost in the grand scheme of his ill-conceived project. However, the fact that Cat Creek Energy sold their five-part mega-energy project as one complete project to the residents of Elmore County and many other entities is crucial to understand.

The Elmore County P & Z entire hearing and deliberation process was based on Cat Creek Energy’s insistence that the entire mega-project had to be approved as one. Cat Creek repeatedly said, if all five permits were not approved, their project would not be economically viable and they’d have to cancel it.

In 2017, the Cat Creek developers convinced the Elmore County Commissioners that all five CUPs were no longer required in order to build out their mega-energy project. In other words, all those residents who said:

“Cat Creek will never get state or federal approval for the reservoir or sprawling wind farm so we don’t need to even worry about the project being ever approved,” were fooled by our elected officials.

Well, guess what? The County Commissioners, by separating all the CUPs, has made it possible for Cat Creek Energy to build what they want, where they want and when they want and the residents never had any input into that huge modification in the Master Site Plan.

When the S Bar Ranch filed a Petition for Judicial Review on March 7, 2019, with the district court, they highlighted this fact for Judge Nancy Baskin to consider. We hope the honorable judge will see this lack of public oversight and remand the entire project back to the Director of the P&Z Commission. Only then will the county residents be able to provide proper feedback to these local decision-makers.

Reference: See Page 8 after download the full petition at https://catcreek-energy.com/download/928/

“The P&Z Commission found that “five (5) separate applications, each for a conditional use permit are required.” The P&Z Commission further found that “based on testimony from the Applicant, all five (5) applications are dependent upon each other and cannot exist separately.”

Therefore the Commission conducted only one (1) public hearing and issued only one (1) decision on the Applications.” The Commission found that the
“Owners” of the Site are Sawtooth Grazing Association and Wood Creek Ranch, both at 1989 South 1875 East, Gooding, ID 83330 and that the Applicant’s property right in the Site is based on lease agreements. The property size is approximately 23,000 acres, all of which is owned or controlled by John Faulkner.

The Commission found that the applicable law for consideration of the Applications was:

A) the Elmore County 2014 Comprehensive Plan, adopted as Resolution 562–15 on January 20, 2014 (the “Comprehensive Plan”);

B) Zoning Ordinance, adopted March 21, 2012, as Ordinance
2012–01; which was subsequently amended on September 19, 2012, as Ordinance 2012–03 and on July 14, 2014, As Ordinance 2014–01; and

C) the Local Land Use Planning Act, I.C. § 67–6501 et seq. [Exh. 4 at R. 007297–007298] ”

If you have concerns about the Cat Creek Energy project, please contact your elected officials and tell them you oppose the entire project and why.
Here is a link with many of the people you might want to contact: https://catcreek-energy.com/mailing-addresses-for-cat-creek-energy-issues/
Also, please share this post with friend, family, and co-workers so they also understand how horrible the Cat Creek Energy project will be for Elmore County.

 

Thanks.

 

Originally published on March 19, 2019.

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