Camas Prairie, Elmore County, Idaho

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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.

 

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More Are Concerned About Our Big Game Migration Corridors

Now is the time to have dialogue as a community and share knowledge about how we can create sustainable methods for protecting wildlife, while still respecting the need for ranches and farms. It’s about coexisting,” said Hunt To Eat Owner, Mahting Putelis.

We know many local hunters, outdoorsmen and wildlife enthusiasts are dead set against the Cat Creek Energy project that is planned for the backcountry of Elmore County. We all realize that this mega-energy project will have adverse affects on our deer, elk, pronghorn, raptor and game bird populations, as wells as our local fishery and water quality. Our local group of concerned citizens have friends in neighboring states also.

The Idaho Wildlife Federation (IWF) is teaming up with “Hunt to Eat” to raise awareness and to educate people about wildlife migrations issues in Montana, Wyoming and Idaho.

The Wildlife Federation and Hunt to Eat have organized a series of kickoff “migration” celebrations with the second event party set for Boise on May 1, 2019. This may be a good event to connect with others in the area to talk about protecting our deer, elk and pronghorn migration corridors in Elmore County.

Connect With Others

Connect with the Idaho Wildlife Federation on Facebook at https://www.facebook.com/IDWildlife/ or through their website at https://www.idahowildlife.org/

Connect with Hunt to Eat on Facebook at https://www.facebook.com/hnt2eat/ or on their website at https://hunttoeat.com/blogs/conservation/celebrating-wildlife-migrations?fbclid=IwAR1YDJf0Zs-ulhzr6zAQ8jBShpaQTWYsBHmNeWDVltAw-yS2qGGYrIW6JZI

Mark your calendar for this May 1, 2019 event in Boise and watch the above online links for more details about the celebration as it unfolds.

 

Thanks.

 

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Why “Harry” Believes Judge Baskin Will Remand the Cat Creek Energy Project Back to P & Z

Taken on Peak 5915 looking over the Castle Rocks and Wood Creek area of Elmore County, Idaho

 

Many Elmore County residents believe a District Court judge should remand the entire Cat Creek Energy project approval back to the County Planning and Zoning Commission (P & Z) for new and honest hearings. Our entire “Petition for Judicial Review” document is filled with legal, moral and ethical reason why we believe the Board of County Commissioners (BOCC) erred in approving this ill-conceived project. A project covering 3,730 acres in the Elmore County, Idaho backcountry.

Hunting, Fishing, Wildlife and Scenic Beauty is at Stake

We realize how time-consuming attending the P & Z Commission meetings, hearing and deliberations in 2016 became. No one really believed Elmore County would every approve the Cat Creek Energy project. And those people were right. The P & Z Commission denied the permits Cat Creek Energy needed to begin the process of getting state and federal approval for their mega-energy project.

But then in 2017, the Elmore County Commissioners overruled their own P & Z Commission and handed that Gooding-based corporation the keys to our very own backcountry, the Anderson Ranch Reservoir and South Fork of the Boise River fishery, and will threaten our elk, deer and pronghorn populations.

Local Mountain Home, Idaho, resident Harry Taggart, “aka Skip,” testified in front of our county officials and offered the following facts …

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

Harry Taggart, a resident of Mountain Home spoke and informed the Commissioners that he hunts and fishes throughout the South Fork of the Boise River basin, that he opposes the Project “because it would destroy the scenic beauty and environmental diversity of the area known as Wood Creek, which is right at the very doorstep of our splendid Boise and Sawtooth National Forests.”

Mr. Taggart also informed the Commissioners that he has “read and understood the Elmore County Comprehensive Plan, as well as Title 6, Chapter 14 of the Elmore County zoning and development ordinance defining areas of critical concern, which the Elmore County Planning and Zoning Commission is lawfully charged with protecting” and that he had read the minutes of the Planning and Zoning Commission meeting to deliberate Cat Creek Energy’s applications and he “agree[s] with the Commissions unanimous rejection of multiple Cat Creek Energy permit applications because they fall short of compliance with a minimum of 12 different Comprehensive Plan standards.

Harry Was Right Back Then and is Still Right

  • Destroying the scenic beauty of our backcounty with 500-foot tall wind turbines will not benefit the residents of Elmore County.

  • In approving the Cat Creek Energy Project, Commissioners Wes Wootan, Bud Corbus, and Al Hofer made a ruling in direct conflict with the county’s own Comprehensive Plan.

You can download and review the entire Petition for Judicial Review 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/

In addition, many of our elected officials from city mayor and on up the line to U.S. Senators could use some feedback from you. If you need their names or point of contact, we’ve created a list at https://catcreek-energy.com/mailing-addresses-for-cat-creek-energy-issues/

 

Thanks.

 

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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.

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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. § 676512(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/

 

 

 

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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 56215 on January 20, 2014 (the “Comprehensive Plan”);

B) Zoning Ordinance, adopted March 21, 2012, as Ordinance
201201; which was subsequently amended on September 19, 2012, as Ordinance 201203 and on July 14, 2014, As Ordinance 201401; and

C) the Local Land Use Planning Act, I.C. § 676501 et seq. [Exh. 4 at R. 007297007298] ”

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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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.

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