Camas Prairie, Elmore County, Idaho

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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!

Many People Think the Cat Creek Energy Project Deserves More Scrutiny

(Last updated on February 5, 2022) The developers of the Cat Creek Energy (CCE) Project seem to be trying to tell authorities their project is so inconsequential and simple they should be allowed to move forward without doing the required studies and research necessary to prevent environmental damage around a large section of land just 2o miles northeast of Mountain Home, Idaho. 

In response to CCE’s attempt to sneak out on doing the right thing for the residents of Idaho, the City of Boise wrote a letter telling the regulatory agency that there is much concern about the entire project. Read the full letter below. 

 

“Many People Think the Cat Creek Energy Project Deserves More Scrutiny, Not Less Scrutiny”

The proposed location of the Cat Creek Energy Project 

 

Some of the facts about this complex project

  1. The Cat Creek Energy project isn’t simple. It’s a complex project that will greatly affect lands within Elmore County.
  2. Constructing the proposed Cat Creek Reservoir will entail also building a powerhouse, transmission infrastructure, transporting equipment, building new roads, and permanently disrupting a water supply diversion will surely degrade the environment and wildlife habitat of deer and elk within game Management Units 39, 43, 44 and 45.
  3. The Cat Creek Energy project is controversial despite what the developers want you to believe. There are fifteen organizations/entities that have submitted documentation and data opposing the CCE water rights applications to Idaho’s Department of Water Resources to divert 100,000 acre-feet of water out of the Anderson Ranch Reservoir. By definition, that makes it controversial. 
  4. Cat Creek Energy falsely insists the studies that will be completed by the US Government for the proposed plan to raise Anderson Ranch Reservoir by 6 feet will answer some or even all of the environmental issues facing the Cat Creek Energy project. It can’t and it won’t because they are completely different projects. 

 


A City of Boise Letter About a Complex Project

Source: https://elibrary.ferc.gov/eLibrary/filelist?accession_num=20220201-5000

Submission Date: 1/31/2021

From: Mary R Grant, Boise Deputy City Attorney

Dear Secretary,

On behalf of the City of Boise (City), we submit these comments in response to the request by Cat Creek Energy (CCE) to utilize the Traditional Licensing Process (TLP) for licensing this project. For FERC’s consideration as to whether the TLP is appropriate, rather than the default Integrated Licensing Process (ILP), we offer the following:

1. Likelihood of timely license issuance: No comment.

2. Complexity of the resource issues: CCE states they have conducted extensive research and data collection on potential resource issues and intend to use the Bureau of Reclamation’s (Reclamation) Anderson Ranch Dam raise feasibility study and EIS as supporting documentation of resource issues. CCE acknowledged in the transmittal letter that the project is large but believes the resource issues and environmental impacts in the area qualify as minor. The City disagrees that the impact on resources and the environment in the project area qualify as minor. A project of this nature and scale is inherently complex. Constructing a new reservoir with powerhouse and transmission infrastructure, transporting equipment, building new roads, and permanently disrupting a water supply diversion is dramatically different than raising an existing dam 6 feet as Reclamation is proposing. The City is concerned that much of the information provided in the recent past (of the studies noted above) is research and data that has only limited applicability and relevance to the extent and nature of this specific project.

3. Level of anticipated controversy: CCE indicated a level of coordination with local, state, and federal agencies and stakeholders that would represent this project as having a low level of controversy. The City is one of fifteen original protestants of the CCE water right applications to Idaho’s Department of Water Resources to divert 100,000 acre-feet of water out of the Anderson Ranch Reservoir, suggesting otherwise. These protestants include state and local agencies, irrigation districts and canal companies, environmental groups, and individual water rights holders on the Boise River. Such a broad group of protestants with varied interests and concerns demonstrates the complexity of this large surface water storage project and its potential impacts.

4. Relative cost of the TLP compared to the ILP: No comment.

5. The amount of available information and potential for significant disputes over studies: CCE specifically notes their intent to rely on Reclamation’s feasibility study and EIS as supporting study and data collection for their project in addition to their own research. Again, the City points out that Reclamation’s project and CCE’s project are significantly different in scope and operation, with considerable differences in the magnitude of expected impacts. Reclamation’s feasbility and EIS will shed light on the types of issues to be expected with CCE’s proposed project but should not be used in lieu of a comprehensive suite of project-specific studies to identify a complete list of impacts and the magnitude of those impacts.

6. Other factors believed to be pertinent: The City is supportive of clean energy projects in the Treasure Valley and across the West. We believe that is the future of energy production. However, these projects must be accomplished while also protecting and enhancing the environmental resources along the Boise River and within this watershed.

We are available for further comment or clarification by contacting 208-608-7950.

Best regards,

Mary Grant
Deputy City Attorney

cc: John Roldan, Water Resources Manager


Originally published on February 5, 2022.

We believe the entire Cat Creek Energy project needs to be significantly scaled back or canceled altogether.

 

Thanks. 

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.

 

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.

 

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.

 

Will Local Tourism Dollars go Elsewhere Because of Cat Creek Energy?

Our local tourism industry will suffer because of the Cat Creek Energy project.

On February 10, 2017, the Elmore County Commissioner voted to approve five conditional use permits (CUPs) for the Cat Creek Energy mega-project. That approval went against the ruling of the Elmore County Planning and Zoning Commission who denied those same five permits to the Gooding-based company on July 13, 2016.

That unfortunate reversal quite possibly will damage our fledgling Elmore County tourism industry just when the city and others are looking to pour time and money into local tourism.

How Will Cat Creek Energy Damage Tourism?

During a public hearing on November 17, 2016, local resident, Nancy Thompson provided the following testimony:

Reference: Page 13 of the Petition for Judicial Review document at https://catcreek-energy.com/download/928/

 

Among several others who provided negative comments about the Project, Nancy Thompson, a resident of Mountain Home and the owner of a vacation home in the Featherville area, testified that she sits on the travel tourism committee, and is manager of the visitor’s center in Mountain Home.

She told the Commissioners that they get over 8,000 visitors every year, many from other countries, and they come to Idaho to see what the nature and the meaning of Idaho is about. Tourism brings about $7 million a year into Elmore County. They are sent on a scenic drive that is called the “Boise, Sun Valley Historic Loop Tour” that goes through Lowman, Idaho City, Stanley, Hailey, Fairfield, across the Camas Prairie, into Mountain Home and back to Boise.

They return to the center and comment on what a beautiful drive it is. She added: “I can’t imagine that I’m going to get the same kind of comments from these visitors when they come back to tell us what they’ve done when they cross up over the top of Cat Creek Summit and see wind turbines and solar panels. Ugly is as ugly does. You can’t make them beautiful. You can’t make them blend in.”

And under that glaring fact, we believe a judge will see that the county commissioner erred in approving the previously denied CUPs. We also believe the judge will remand the entire project back to the Director of the P&Z Commission.

You can download the entire 64 page “S Bar Ranch Petition for Judicial Review” document at https://catcreek-energy.com/download/928/

Please help us stop the Cat Creek Energy project from moving forward. You should contact your elected officials. Begin with contacting 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.

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.