Camas Prairie, Elmore County, Idaho

Category Archives: A Problem

A Judge Could Review the County Commissioner’s Decision of Approve the Cat Creek Project

The long, complex and contentious Cat Creek Energy project approval process started in 2016 and bit and pieces are still being worked out at the local level. While the Cat Creek Energy project still has some state and federal obstacles to overcome before they can officially ruin the Elmore County backcountry the S Bar Ranch isn’t sitting idly by.

On March 7, 2019, the owner of the S Bar Ranch filed a petition with the Fourth District Court asking a judge to review the decisions that Commissioner’s Bud Corbus, Al Hofer and Wes Wootan made regarding the nearly 4,000 acre Cat Creek Energy mega-project. The 64-page petition can be downloaded at https://catcreek-energy.com/download/928/ but we realize some resident don’t have the time to review such an extensive legal document, no matter how well it was written (it’s mostly plain language and tells a troubling story).

Just Some “Bit and Pieces” of the Document

Below you’ll find some actual snippets from the legal document to whet your appetite and give you a reason to spend a few hours reading about how entrenched the “good 0ld boy” network has become in our local government. So, here goes.

Page 9 / P & Z Deny all Conditional Use Permits in Aug 2016
On June 15, 2016, the Elmore County Planning and Zoning Commission (“P&Z Commission”) met to consider the applications. The P&Z Commission heard testimony from the Developer, representatives of the Developer, and others individuals who supported the Project, some individuals who were neutral and several individuals who opposed the Project. On July 13, 2016, the Elmore P&Z Commission conducted deliberations of the applications for the CUPs. On August 17, 2016, the P&Z Commission unanimously, on a 60 vote with one member absent, voted to deny the applications.

 

Page 10 / The Project Does not Comply With County Ordinance
The Commission made several findings that the proposed project conflicts with the Comprehensive Plan with regard to Private Property Rights Objectives, Land Use Objectives, Scenic Area Objectives, Hazardous Area Objectives, andAreas of Critical Concern Objectives.
The Commission further found that the Project failed to comply with the applicable Zoning Ordinances, including Title 6, and the applicable State and Federal regulations. The Commission concluded that the Applications do not comply with the required findings set forth in Section 6277 of the Zoning Ordinances
.

 

Page 30 / Conflicts of Interest
The Board of Commissioners have a conflict of interest that violates I.C. § 67-6506 and other law, and prevents them from serving as a neutral quasi-judicial body in this contested matter that is pending before the Board. The conflict arises from the fact that the County is
requiring, as a condition for issuance of CUP-2015-04 and the other CUPs, that the Developer agree to divert and deliver water from Anderson Ranch Dam to the County using the Developer’s infrastructure. In other words, the County has a vested beneficial interest in approving the granting of hydro CUP and the other CUPs, which prevents the Board from serving as a neutral decision maker as required by law.

A further conflict of interest is created by the fact that Commissioner Hofer purportedly stepped away from his duties as a Commissioner and acted as a negotiator representing the County in negotiations with the Cat Creek representatives to reach agreement on the terms of the Development Agreement. Those ex parte communications were not disclosed to the Petitioner or the public. The Development Agreement, negotiated by Commissioner Hofer, was then submitted to Commissioner Hofers fellow Commissioners for their approval. Knowing that the
terms of the Development Agreement submitted to Commissioners Wooten and Corbus had been negotiated and approved by Commissioner Hofer, there was no way that Commissioners Wooten and Corbuscould remain neutral and perform their duties as neutral decision makers regarding the terms of the Development Agreement.

 

Page 52 / The Board’s Decisions Violate Due Process Because Two of Its Members Had Ex Parte Communications with Cat Creek
During the December 22, 2017, public hearing, Commissioner
Wootan acknowledged the Commissioners had been communicating among themselves regarding the project and decided they wanted to make the project work. In response to comments from a representative of Cat
Creek that they would work with the Board to put a deal together 
that works for Cat Creek and the County, CommissionerWootan stated: Were already to that point. Weve already communicated among ourselves that were workable, that we want to make their project work,
and we want to make our intent happen.Obviously, the Board had decided to approve the project, regardless of the publics input in the decision, in violation of due process.

Download the 64-page document at https://catcreek-energy.com/download/928/

 

What is Next and What We Expect – 16 May 2019

The next court hearing will be on May 16, 2019, at 3 p.m. in Boise, Idaho before Judge Nancy Baskin.  That is when S Bar Ranch will present oral arguments in support of our case and ask the judge to rule that the actions of the County are invalid and to remand it back to the Director of the Elmore County P&Z Commission.  

We believe Judge Baskin will take the decision under advisement and render a written decision as early as July 2019.

 

Take Action Before it is too Late

There are many actions you can take that will send a clear message to the Elmore County Commissioners, the State of Idaho and even our federal government. 

Contact the Elmore County Commissioners and tell them you are opposed to the Cat Creek Energy project. 

Contact your State Representative and State Senator and tell them to find a way to stop the Cat Creek Energy project before it ruins our Idaho backcounty, hunting grounds and fisheries. 

Contact Senator’s Crapo, Senator Risch, Congressman Simpson, and Congressman Fulcher.

We’ve put together a list of contact information for all the elected official mentioned above at https://catcreek-energy.com/mailing-addresses-for-cat-creek-energy-issues/ 

 

Share, Share and Share Some More

There are many people in and around Elmore County that still do not know about the Cat Creek Energy project and how badly it will affect wildlife, fishing, water quality and hunting. Please share this information with your friends, family, and co-workers.

 

Thanks.

Wake Turbulence and Cat Creek Energy Wind Farm

There are many different groups that are opposed to part or all of the Cat Creek Energy mega project. A new group of professionals and/or hobbyist spoke up about the proposed wind farm on Camas Prairie. The forty, 500+ foot tall wind turbines that the developers want to put up greatly concern some local general aviation folks.

What is General Aviation?

THE SIMPLE ANSWER: General aviation is all civilian flying except scheduled passenger airline service. AS SIMPLE AS THAT? Yes. And as complex as that. General aviation includes flying as diverse as overnight package delivery and a weekend visit back home; as different as emergency medical evacuation and inspection trips to remote construction sites; as complimentary as aerial application to keep crops healthy and airborne law enforcement to keep the peace. General aviation benefits the community in so many ways, it’s hard to cover them all. (https://www.aopa.org/-/media/files/aopa/home/advocacy/what_ga.pdf)

 

Why General Aviation Pilots Might be Opposed to the Cat Creek Wind Turbines?

  1. The first and most obvious problem with the Cat Creek Energy wind turbine would be the in-flight obstruction danger they present. Just think of one of those huge turbine blades reaching up to swat a Cessna Skyhawk out of the skies as it flies from Arco, Idaho to St. Luke’s Hospital in Mountain Home.
  2. The wake turbulence created by wind turbines would also present some challenges to general aviation also. And with Cat Creek Energy planning to erect wind turbines as tall as 5-story building on the crest of Cat Creek Summit, that turbulence wouldn’t be welcome and should be considered a flying hazard.

 

“The taller the obstacle, the larger the wind shade. If the turbine is closer to the obstacle than five times the obstacle height, or if the obstacle is taller than half the hub height, the results will be more uncertain, because they will depend on the exact geometry of the obstacle. (http://www.inforse.org/europe/dieret/Wind/wind.html)

 

Take Action

If you oppose any part of the Cat Creek Energy project, your elected officials need to hear about your concerns. And because many residents living in the area have little or no idea what could happen if the project is allowed to move forward, we are asking you to help spread the word.

Contact Elmore County Commissioners at https://elmorecounty.org/contact/ or by mail at …

BOCC
150 South 4th East
Mountain Home, ID 83647

Will Highway 20 Become the Next Wind Turbine Corridor?

Is this the future of Highway 20? We hope not.

The segment of Highway 20 that Roger Brooks, an international tourism expert called “one of the best drives in Idaho” could easily become the next wind turbine corridor in the state.

That segment of highway Rogers Brooks was referring to, runs from just north of Mountain Home to Camas Prairie and into our mountain communities of Pine and Featherville.

Cat Creek Energy already has plans to put up forty, 500+ foot tall wind turbines along Cat Creek Summit and partially down the Pine-Featherville Road. We also know that Cat Creek is having troubles getting federal approval for the Pumped Storage Hydroelectric project on the bluffs above and interconnected with Anderson Ranch Reservoir. The developers have stated many times in the past that all three portions of their mega-energy project need to be approved to make it financially viable. If Cat Creek cannot get state or federal approval for the hydroelectric portion, they will likely have to make up for the megawatt shortage by putting up additional wind turbines along Highway 20.

Wind Power Friendly California Rebels Against New Turbines

According to an article on the Daily Wire website (https://www.dailywire.com/news/44146/b-b-climate-change-california-county-kills-plans-paul-bois), the San Bernardino County Board of Supervisors voted to ban the construction of large solar and wind farms on more than 1 million acres of private land.

Local residents say that solar and wind farms destroy areas like Dagget, Joshua Tree and Lucerne Valley by turning the landscape into eyesores. Sara Fairchild, a resident of Pioneertown, has been working to have California Highway 247 turned into a designated state scenic highway to boost the local economy; she says that would all fall apart in the face of a mega solar farm.”

The local San Bernardino government listened to residents when they asked for a moratorium on new wind and solar farms in the rural parts of the county. Basically, the people said why grow wind and solar farms when we can grow a more profitable tourism industry that won’t destroy the scenery.

What they actually said was basically the same thing opponents to the Cat Creek Energy project are saying.

These vast open areas are precious for their natural, historical and recreational qualities. But they are fragile, and no amount of mitigation can counter the damage that industrial-scale renewable energy projects would cause,” Fairchild told the supervisors. “Once destroyed, these landscapes can never be brought back.”

The big difference between the California mega-energy project locations and the planned Cat Creek Energy location is our Elmore County, Idaho location contains verified wildlife migration corridors, the “threatened” bull trout and no need for the energy Cat Creek says they want to generate.

Spread the Word / Tell the Elected Official We Don’t Want CCE

The Elmore County Commissioners tentatively approved the Cat Creek Energy project even after their own planning and zoning commission said “no way.”

If you are opposed to the Cat Creek Energy project, take action today.

Contact Elmore County Commissioners Corbus, Wootan and Hofer at:

https://elmorecounty.org/contact/

or

  • Bud Corbus – Phone: (208) 587-2129 ext. 505 Phone: (208)599-1294
  • Wes Wootan – Phone: (208) 587-2129 ext. 505 Phone: (208)599-3131
  • Al Hofer – Phone: (208)587-2129 ext. 505 Phone: (208) 599-1620

and/or

Mail Address:

BOCC
150 South 4th East
Mountain Home, ID 83647

 

In addition, you might consider sharing this post with friends, family, and co-workers.

 

Coming: Cat Creek Energy News in Abundance

Even the Idaho Department of Transportation knows there is a critical deer and elk migration corridor running right through the middle of the planned Cat Creek Energy project landscape.

Photo taken on Jan. 20, 2019 and geotagged at https://goo.gl/maps/FS2sEdcDudM2

In the past few months, a lot of news and information has surfaced about the ill-advised Cat Creek Energy project that is scheduled to be built just 20 miles northeast of Mountain Home, Idaho.

What Issues?

  • There are water issues to discuss.
  • There are wildlife issues to discuss.
  • There are political issues to discuss.
  • There are State of Idaho issues to discuss.
  • There are federal regulations and guidance to discuss.
  • There are Elmore County Commissioner issues to discuss.

In the coming days and weeks, these issues will be brought to light on this website and our S Bar Ranch Facebook Page.

Our hopes are that you will read what we have to say and then do your own research. We’re very confident you will find that the 5,750 acre Cat Creek Energy project will be a boondoggle for the residents of Elmore County and our emerging tourism industry.

Why … We Ask You to Write a Letter

You should ask Commissioners Wes Wootan, Bud Corbus and Al Hofer why they don’t want you to email them.”

Since we took on the Cat Creek Energy project, we’ve asked you to get involved and take action to put a stop to the ill-conceived mega energy project slated for our Elmore County backcountry. And since that time, the Elmore County Commissioners have removed the “Contact Us” form their website. Why?

Elmore County now asks that you physically write and mail a letter to them if you would like to testify during a Public Hearing if you cannot attend the meeting. And for some people, writing and mailing a letter is acceptable. For others, writing a letter and electronically mailing, emailing, a letter is a much better method of communicating with their elected officials.

Elmore County Sits Alone Among Surrounding Counties

We did some research and discovered the Elmore County Commissioners are the only local county commissioners that do not provide/publish an email address to ensure easy and consistent communications.

The included map graphics shows most counties publish the individual email addresses for their county commissioners (green). Three counties (yellow), however, limit the email address to a generic board of county commissioners email address. Still, writing and delivering a letter, an important idea or thought to those county commissioners is just a matter of pushing a button.

The Elmore County Commissioners (black) sit alone, however. We even emailed the clerk of the board of county commissioners months ago about this issue but received no response from her or anyone from the county.

Breakdown of Published Email Addresses for Local County Commissioner

  • Ada County: Group BOCC email available
  • Owyhee County: Individual commissioner email addresses available
  • Canyon County: Individual commissioner email addresses available
  • Boise County: Individual commissioner email addresses available
  • Camas County: Individual commissioner email addresses available
  • Gooding County: Individual commissioner email addresses available, although not convenient to access.
  • Twin Falls County: Group BOCC email available
  • Blaine County: Individual commissioner email addresses available
  • Jerome County: Individual commissioner email addresses available, although not convenient to access.
  • Custer County: Group BOCC email available

Ask “Why” Today

With a next Public Hearing on Friday, December 14, 2018, you should ask your county commissioner why they wish to limit you from communicating with them only through the United States Postal Service. No other local county restricts their residents in such a way.

Standing out in this manner shouldn’t be considered normal if transparency and open communication is a goal.

Write and Mail to:

Elmore County Land Use and Building Department
520 East 2nd South Street
Mountain Home, Idaho, 83647

EVENT: Cat Creek Energy Public Hearing for Amending the Development Agreement with Elmore County

 

What It’s About?

Can you attend the public hearing at 1:30 p.m. on Friday, December 14, 2018, at the Elmore County Courthouse regarding the Development Agreement between Cat Creek Energy and “the people”?

The Elmore County Commissioners will accept public testimony regarding the possibility of giving Cat Creek Energy full control of a new domestic water source from the South Fork of the Boise River and Anderson Ranch Reservoir.

We don’t believe handing a Gooding County-based corporation the authority, responsibility, and control over Elmore County’s domestic drinking water is a good idea.

Documentation Regarding This Public Hearing

Currently, there are three documents directly related to this December 14, 201,8 public hearing. You can and should download/read the following.

#1. The Public Hearing Notice: “Dec 14, 2018, Public Hearing Notice – Cat Creek Energy Development Agreement” that can be viewed or downloaded HERE Dec 14, 2018 Public Hearing Notice - Cat Creek Energy Development Agreement or at the direct link found at http://catcreek-energy.com/download/731/

#2. Option #1 (blue document) First Amendment to Development Agreement – 14 Dec 2018 Hearing: It can be viewed or downloaded HERE OPTION #1-First Amendment to Development Agreement - For the Dec. 14, 2018 Hearing or at the direct link found at http://catcreek-energy.com/download/755/

#3. Option #2 (orange document) First Amendment to Development Agreement – 14 Dec 2018 Hearing can be viewed or downloaded HERE OPTION #2-First Amendment to Development Agreement - For the Dec. 14, 2018 Hearing or at the direct link found at http://catcreek-energy.com/download/758/

 

When and Where

1:30 p.m. On Friday, December 14, 2018, at the Elmore County Courthouse in Mountain Home, Idaho.

Address: 150 South 4 East, Mountain Home, ID 83647

Map Link: https://goo.gl/maps/W1vikDroruw

 

Take Action

We believe it is important the residents of Elmore County and anyone who loves our backcountry for it’s abundant recreational opportunities to tell the county commissioners you are opposed to the entire Cat Creek Energy project and you oppose the idea of allowing this corporation to control our future domestic water delivery system.

If you cannot attend this public hearing please call the two Elmore County Commissioners who will make the decision whether to allow the Cat Creek Energy project to move forward.

Commissioner Wes Wootan (208)599-3131

Commissioner Bud Corbus: (208) 599-1294

FYI: Commissioner Hofer has been recused from any decision making authority on the Cat Creek Energy project.

Anyone who wishes to testify, but is unable to attend the 1:30 p.m., Friday, December 14, 2018, hearing, may submit written testimony prior to the hearing by sending it to the:

Elmore County Land Use and Building Department
520 East 2nd South Street
Mountain Home, Idaho, 83647

An easy way to further help us is to share this post with your family, friends and co-workers.

Why Did Cat Creek Energy Decide to Unlink the Project Permits?

All five conditional use permits need to be approved to make the Cat Creek Energy project financially viable.” – Creek Creek Energy Spokesman in 2016

Throughout the permitting process, almost every Cat Creek Energy spokesman testified that all five parts of the project needed to be approved or they couldn’t move forward. The permitting process started in 2015 and ended in 2018.

What We Heard:

They’ll never get federal approval for the power lines in sage grouse territory or water rights for their proposed Cat Creek Reservoir.” – Many people who attended the 2016 and 2017 CUP approval hearings.

 

In 2018, after the Elmore County Commissioners surprisingly approved the five conditional use permits, Cat Creek Energy decided the project really might be financially viable with only a portion (huge wind farm or 590-acre solar plant) getting built out. It’s almost like Cat Creek Energy intended to pull the wool over our eyes while getting the county to approve their mega energy project.

 

Water Rights Problem

Cat Creek Energy has run into significant headwinds in obtaining water rights for their proposed reservoir on Little Camas Prairie. About 20 different private and governmental entities filed separate objections and protests to Cat Creek Energy’s water right permit application they filed with the Idaho Department of Water Resources (IDWR). Elmore County “was” one of those entities that objected to Cat Creek getting their hands on Anderson Ranch Reservoir water.

It’s Unacceptable

We find it suspicious that Cat Creek Energy LLC suddenly found financial viability in a piecemeal approach to their mega-energy complex after the commissioners approved the project and years of saying the CUPs needed to be linked.

We find it wholly unacceptable that Elmore County would allow the project to move forward knowing that the Gooding County-based corporation likely knew they’d never get federal approval for the “pump storage hydro” portion of the project and likely will never get the water rights from Anderson Ranch Reservoir either.

We expect the Elmore County Commissioners to postpone any further approvals of the Cat Creek Energy project until the conditional use permits are once again linked together.

Why? Many residents believed the project would never be able to move forward as a complete project and stopped testifying and paying attention. We’re still paying attention, however.

Reference: Elmore County, Idaho Conditional Use Permits for the Cat Creek Energy Project.

  • CUP-2015-03 / Transmission Lines
  • CUP-2015-04 / Pump Storage Hydro- Electrical Generating Facility
  • CUP-2015-05 / Solar – Electrical Generating Facility)
  • CUP-2015-06 / Wind – Electrical Generating Facility)
  • CUP-2015-07 / Electrical Substation

 

Take Action: Write a letter to the Elmore County Commissioners.

  • Tell them the Cat Creek Energy Project is bad for Elmore County’s big game herds.
  • Tell them Elmore County needs to control our own destiny when it comes to “domestic water issues.”
  • Tell them to relink all five Conditional Use Permits like was originally agreed upon.
  • Tell them our tourism industry will never get established with an industrialized energy complex in our wild and scenic backcountry.

 

Address your letter to:

Elmore County Land Use and Building Department
ATTN: Cat Creek Energy Project
520 East 2nd South Street
Mountain Home, Idaho, 83647