Cat Creek Energy – A Problem, Not A Solution!

Camas Prairie, Elmore County, Idaho

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Protesting Cat Creek Energy’s Water Right Application

Cat Creek Energy has recently applied for a water right on the South Fork of the Boise River (Anderson Ranch Reservoir) and we believe the public needs to stop them from getting that permit until many critical environmental and wildlife issues can be publicly addressed.

The deadline to officially protest Cat Creek Energy’s permit is September 24, 2018, and we need your help.

Click here to download Cat Creek Energy’s original water right application … CCE Water Permit Application SFB-River Water Right

Link to the download can be found here: http://catcreek-energy.com/download/522/

The Situation as it Stands

Cat Creek Energy is moving forward with plans for building what could be a disaster for the residents of Elmore County, our big game herds, the birds of prey population, plus our fishery and water quality in Anderson Ranch Reservoir. Those plans involve building a 100,000 acre-foot reservoir on Little Camas Prairie, 23 miles to the northeast of Mountain Home, Idaho. This body of water will be interconnected to Anderson Ranch Reservoir and located on the adjacent bluffs just 723 feet above Anderson Ranch Reservoir.

Might you be able to throw a rock while standing on the shoreline of the planned Cat Creek Reservoir and hit Anderson Reservoir without much problem?

The area where John Faulkner wants to build out his mega-energy project is considered prime habitat for elk, mule deer, pronghorn, the near-endangered sage grouse plus the threatened fish we call the Bull Trout.

Some Possible Justifications to Protest the Water Right

  • Fact: Anderson Ranch Reservoir will be interconnected with huge water tubes (penstocks) to Cat Creek Reservoir. There are no guarantees John Faulkner will control the water quality in his reservoir as it sluices water back into Anderson. Anderson Ranch Reservoir is home to the threatened bull trout.
  • Fact: Critical water temperature levels could easily be exceeded as warm water from the planned Cat Creek Reservoir drains back into Anderson Ranch, according to state and federal agencies.
  • Fact: Little Camas Reservoir has had a toxic blue-green algae health advisory issued on that body of water since June 2018. The Little Camas Reservoir – Cat Creek Reservoir – Anderson Ranch Reservoirs will all be interconnected. Cross-contamination of the blue-green algae is quite possible.
  • Fact: The planned Cat Creek Reservoir and its the entire hydro/water project is in critical sage grouse territory, a major migration corridor for elk, mule deer, and pronghorn.
  • Fact: Because Cat Creek Energy will be drawing 100,000 acre-feet of water from Anderson Ranch Reservoir, the water levels will be affected for all who come to recreate on ‘Anderson’ and in turn will hurt our Pine and Featherville businesses and our tourism industry.

How To Protest – $25 IDWR Fee

As with any governmental action and procedure, it will require some of your valuable time and cost you some money. If you have the will and the money, please consider filing an official protest of this Cat Creek Energy water right.

If you do not wish to file the $25 protest, please consider sending us your legal name and official home address so we can append it to S Bar Ranch protest documentation that will be sent to the Idaho Department of Water Resources. We could also use your name, and just your name in posts on this website or on social media.

1. Fill out the required protest form found at https://idwr.idaho.gov/files/forms/notice-of-protest.pdf

2. The following information should be included in your protest paperwork:

  • The basis of protest (including a statement of facts and law upon which the protest is based)
  • Application for Permit No. 63-34403
  • In the name of:
    Cat Creek Energy, LLC
    398 S 9th ST STE 240
    Boise, ID 83701
  • Important: A copy of your “Notice of Protest” must be sent to Cat Creek Energy, LLC at the above address.

Reference Material

Idaho Statue TITLE 42 IRRIGATION AND DRAINAGE — WATER RIGHTS AND RECLAMATION CHAPTER 2 APPROPRIATION OF WATER — PERMITS, CERTIFICATES, AND LICENSES — SURVEY // 42-203A, found at https://legislature.idaho.gov/statutesrules/idstat/title42/t42ch2/sect42-203a/

Idaho Statue 42-221. Paragraph L. states the following:

“For filing a protest or request to intervene in a protested matter [will cost] $25.00” (https://legislature.idaho.gov/statutesrules/idstat/Title42/T42CH2/SECT42-221/)

NEWS: County Commissioners Hold 2 Hearings on Aug. 24, 2018 – No Decisions

 

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

Breaking News – S Bar Ranch Filed a Notice of Objections

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.

To read the entire 5-page filing, point your browser to http://catcreek-energy.com/download/494/ or right here …  Aug. 22, 2018 - Notice of Objections

Snippet from Notice of Objections:

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 …

End of Snippet

The Last Nine Dev. Agreement Issue You Probably Didn’t Know About

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.

Download and read the whole 37-page development agreement here …  CCE_Development Agreement (9-Feb-2018)-10673026_1.

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.

Here is a link to more information about that meeting: http://catcreek-energy.com/news/august-24th-x2-hearings-cat-creek-energy-amendment-hearing-and-then-deliberation-meeting/

Contact Information for the County Commissioner

Al Hofer
208-599-1620

Chairman Wes Wooten
208-599-3131

Bud Corbus
208-599-1294

Development Agreement Issues #10 through #17 – A Hodgepodge

Is this the view we want for Highway 20?

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.

Here is a link to more information about that meeting: http://catcreek-energy.com/news/august-24th-x2-hearings-cat-creek-energy-amendment-hearing-and-then-deliberation-meeting/

Contact Information for the County Commissioner

Al Hofer
208-599-1620

Chairman Wes Wooten
208-599-3131

Bud Corbus
208-599-1294

Commissioners Approved Issues # 6 – #9 / Did you Know?

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.

Five Cat Creek Energy Issues the Commissions Approved in the Development Agreement

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.

 

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