Cat Creek Energy – A Problem, Not A Solution!

Camas Prairie, Elmore County, Idaho

Tag Archives: Wind Farm

The 5 Conditional Use Permits (CUP) of the Cat Creek Energy Project

In 2017, the Elmore County Commissioners approved five different conditional use permits as part of a mega-energy project slated to be built in Elmore County. Cat Creek Energy has always told the residents that all five parts of the project needed to be approved to make it financially feasible. The commissioners approved those five CUPs with that verbal stipulation.

However, that is not the case anymore. Cat Creek Energy and Elmore County have separated the CUP and the project might be able to move ahead in a piecemeal progression. That was not the way it was sold to the residents and taxpayers of Elmore County.

A Conditional Use Permit: Elmore County has specific uses which are allowed only after review by the Planning & Zoning Commission. These uses require a Conditional Use Permit (CUP). The allowable uses for each zone are listed in the County Zoning Ordinance.
Note … The Elmore County Planning and Zoning Commission denied all 5 Cat Creek Energy CUPs in 2015. The County Commissioners overruled P & Z in 2017.

Here is a brief explanation of these very complex and seemingly ever-changing permits.

Meeting/Hearing Date: 6/15/2016 — Date Report Compiled: 6/8/2016

CUP-2015-03: Conditional Use Permit for transmission lines in the Agriculture and Area of Critical Concern Overlay Zones. Case Number: CUP-2015-03. The site is located in portions of Sections 26 and 35, Township 1N, Range 9E, B.M., Sections 2, 3, 10, and 11, Township 1S, Range 9E, B.M.

CUP-2015-04: Conditional Use Permit for pump storage hydro electrical generating facility in the Agriculture and Area of Critical Concern Overlay Zones. Case Number: CUP-2015-04. The site is located in portions of Sections 26, 27, 35, and 36, Township 1N, Range 9E, B.M and portions of sections of 1 and 2, Township 1S, Range 9E, B.M.

CUP-2015-05: Conditional Use Permit for a PV solar electrical generating facility in the Agriculture Zone. Case Number: CUP-2015-05. The site is located in portions of Sections 2, 3, 10, and 11, Township 1S, Range 10E, B.M.

CUP-2015-06: Conditional Use Permit for a wind turbine electrical generating facility in the Agriculture and Area of Critical Concern Overlay Zones. Case Number: CUP-2015-06. The site is located in portions of Sections 3, 4, 5, 6, 7, 8, 9, 10, 15, 16, 17, 18, 21, 22, 28, 29, 30, 31, 32, and 33, Township 1S, Range 10E, B.M., Sections 19, 20, 28, 29, 30, 31, 32, and 33, Township 1N, Range 10E, B.M., Sections 25, 26, 27, 35, and 36, Township 1N, Range 9E, B.M., Sections 1 2, 3, 10, 11, 12, 13, 14, 15, 22, 23, and 24, Township 1S, Range 9E, B.M.

CUP-2015-07: Conditional Use Permit for a substation in the Agriculture Zone. Case Number: CUP-2015-07. The site is located in portions of Sections 2 and 11, Township 1S, Range 9E, B.M.

Applicant:
Cat Creek Energy, LLC
1989 South 1875 East
Gooding, ID 83330

Case Number(s):

  • 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 (Substation)

Location: A common way of locating the property for all the CUP’s is from Mountain Home travel US 20 north for 25.4 miles to Wood Creek Road. Center of projects is approximately 3.2 miles north on Wood Creek Road.

Reference: The 5 Condition Use Permits of the Cat Creek Energy Project – http://catcreek-energy.com/download/670/

S Bar Ranch Letter to Congressman Mike Simpson

This is what the road leading to the Cat Creek Summit Scenic Overlook would look like with wind turbines.

Chris Stephens, owner of the S Bar Ranch located on the western portion of Camas Prairie wrote to Idaho Congressman Mike Simpson and the rest of the Idaho Congressional Delegation explaining why the proposed Cat Creek Energy project is incompatible with the local environment and the wishes of many local residents and ranchers.

Please download and review this letter at …  S Bar Ranch Letter to Idaho's Congressman Mike Simpson

Here is a copy of the letter the S Bar Ranch mailed to Congressman Raul Labrador …  S Bar Ranch Letter to Idaho's Congressman Raul Labrador

To view the letter to Senator Crapo please click here … S Bar Ranch Letter to Idaho's Senator Mike Crapo

Here is a snippet from that letter:
I believe that this Project has not been fully vetted by the Federal and State agencies,
including but not limited to the Federal Energy Regulatory Commission, the National
Environmental Protection Agency, the Idaho Department of Fish and Game, the Idaho Public
Utility Commission, and the State of Idaho Department of Water Resources, who oversee our
Federal government’s and State’s critical wildlife, fish habitat, and environment. It is my
opinion, and the opinion of many other people that this Project should not proceed until all
parties fully understand what affect this Project will have on our land and the citizens of Elmore
County

We hope you will take the time to research why this mega-project, slated to be built in Elmore County, is not compatible with Idaho’s time-honored tradition of being good stewards of our land.  Once you do the research you may wish to write to your Idaho Congressional Delegation to ask them for help in delaying this project until all issues have been explained and satisfactorily negotiated.

Idaho Congressional Delegation and Mailing Addresses:

Idaho’s 2nd Congressional District
Congressman Mike Simpson
2084 Rayburn House Office Building
Washington, D.C. 20515
Phone: 202-225-5531

Idaho’s 1st Congressional District
Congressman Raul Labrador
1523 Longworth HOB
Washington, D.C. 20515
Phone: 202- 225-6611

Idaho’s Freshman Senator
U.S. Senator James E. Risch
United States Senate
Washington, DC 20510
Phone: 202-224-2752

Idaho’s Senior Senator
Senator Mike Crapo
239 Dirksen Senate Building
Washington, DC 20510
Phone: 202- 224-6142

 

County Rules in Favor of S Bar Ranch on Development Agreement

On Friday, September 7, 2018, a group of concerned citizens attended the Elmore County Commissioners weekly meeting to hear our local government officials deliberate on two separate Cat Creek Energy project issues. This is what happened at the meeting.

Deliberation #1 – A Loss for the Residents of Elmore County

The first deliberations of the day dealt with a July 26, 2018 rehearing regarding 20 different amendment issues the Board of County Commissioners (BOCC) approved in previous meetings during the past few years. The BOCC was concerned that the residents were not fully aware of some of the amendments and we, the people were owed an additional hearing.

After Chairmen Wes Wootan dispensed with some routine rules and guidelines for the deliberations, he and Commissioner Corbus ruled rather quickly that the county did everything properly with regards to those 20 amendment items. Earlier this year the third official, Commissioner Hofer recused himself from any decision-making responsibilities regarding the Cat Creek Energy project because he was engaged in the negotiation process with John Faulkner’s Cat Creek Energy, LLC legal team.

This Cat Creek Energy project is quite complex and even Chairmen Wootan required some help and guidance closing out the deliberations and announcing an official decision on the rehearing. Both Bud Grant, the county’s legal counsel and Shelley Essl, the assistant clerk of the county commissioners, spoke up to ensure Wootan didn’t overstep on this important announcement.

While we are disappointed in the BOCC’s decision in this matter, there are still some hurdles that Cat Creek Energy, LLC will have to overcome before they can break ground on this project.

Notice: For your records, the official BOCC agenda item for this meeting was titled “Deliberation of Cat Creek Energy Rehearing held on July 26, 2018.”

 

Deliberation #2 – A ‘Big Win’ for the Residents of Elmore County

The second and final deliberations scheduled for the day involved an amendment to a development agreement between the county and Cat Creek Energy. The initial public hearing on this matter was conducted on Aug. 24, 2018, and mainly dealt with the water storage and delivery from a new 100,000 acre-foot reservoir that John Faulkner wants to build on the bluff directly above Anderson Ranch Reservoir. Specifically, 723 feet above Anderson.

Cat Creek Energy has been using this proposed new Cat Creek Reservoir as a big “carrot on a stick” and holding it in front of the county commissioner’s eyes since November 2016. It certainly appeared to many local residents that Cat Creek Energy was not so subtly trying to grease the skids in an effort to ensure the BOCC would approve their entire mega-energy project.

It is also the opinion of many residents that during the hearings in late 2016, Cat Creek did intimate that they would provide the county with a whole lot of water from Anderson Ranch Reservoir and get it into the Mountain Home area at no cost.

The commissioner’s deliberations on this issue were more meaty and substantial than during Deliberation #1. It became clear from the very beginning that Commissioner Wootan was in favor of approving Cat Creek Energy’s proposed amendment to the development agreement.

When Commissioner Bud Corbus offered up his opinion, it was obvious he was frustrated and maybe a little hot under the collar. That frustration was directed at the seven members of the Cat Creek Energy team in attendance at this meeting.

During the deliberations, Commissioner Corbus sternly lectured the Cat Creek Energy team over the following issues:

1. Corbus said he doesn’t think Elmore County should be put in a position of taking a risk on the costs of the water delivery from the proposed Cat Creek Reservoir.

“In 2016 Cat Creek Energy said they were taking on all financial risks for the project and they were not asking Elmore County to take any risk. Corbus said ‘that has changed now’.

2. Corbus said he was having a lot of trouble believing the Nov. 2016 Cat Creek Energy’s promise that they would do anything they could to help Elmore County when in fact Cat Creek Energy stood in the county’s way when they protested Elmore County’s water application.

During a Nov. 2016 meeting, a Cat Creek Energy spokesman said “if there was anything they could do to help the county in the future we want to.” Corbus retorted, “I’m looking at a protested Elmore County water application and I’m asking myself how Cat Creek Energy is helping us by protesting that water permit.”

3. Corbus appeared a little hot under the collar when remembering that Cat Creek Energy told the county that if they sign the agreement, Cat Creek Energy wouldn’t protest the county water rights application.

“To me that’s similar to blackmail. You sign this (agreement) and we won’t protest the water,” Corbus said.

“Who in the hell is going to be telling us “you do this or else.” That’s not right. That’s not fair. That’s just absolutely not right”.”

4. Corbus said that a poster/flier created by Cat Creek Energy stated that transferring the water from The South Fork of the Boise River to the Mountain Home area wouldn’t be an issue but now there are issues … many issues.

And then there is a poster from those hearings. It says transferring the water from Cat Creek Reservoir to Little Camas and the to the Mountain Home area is not an issue. It doesn’t say on the poster anywhere that Elmore County is going to have to pay for it.

5. Corbus the went back to the fact that Cat Creek Energy official protested Elmore County’s water permit with the Idaho Department of Water Resources.

I read this Notice of Protest signed by John Faulkner and I read the reason why, and I was extremely disheartened. Again, who in the hell could be telling us [what to do] … who should deny the citizens of Elmore County water. I don’t think that’s right. I don’t think that’s fair and I really struggle with that.

In the end, Wootan restated his support for approving the first amendment to the development agreement. If the commissioners agreed to that amendment, the total cost of pumping water from the South Fork of the Boise River to the Mountain Home area would remain unknown and could easily skyrocket. Commissioner Corbus stated definitively he could not support the proposed amended.

The Development Agreement Amendment was not approved by Elmore County. That’s a win for the residents of the county.

In short, the vote was a one-one tie, meaning the proposed amendment was not approved during this September 7 meeting.

Moving Forward With the Development Agreement

It appears as if the signed and approved February 9, 2018 Development Agreement between Cat Creek Energy and Elmore County (download a copy of that development agreement here) … CCE_Development Agreement (9-Feb-2018)-10673026_1. is still in effect. However, the water storage and delivery portion that wasn’t approved during this September 7, 2018 meeting includes a December 31, 2018 deadline. If the county and Cat Creek Energy cannot hammer out an acceptable water storage and delivery agreement by the deadline, the CUP related to water will lapse.

The county has no further requirements or actions to take in regards to the development agreement, according to Elmore County Attorney Buzz Grant. However, we suspect the Cat Creek Energy legal team will be busy in the coming weeks trying to find some common ground with Elmore County surrounding this complex water issue.

Notice: For your records, the official BOCC agenda item for this meeting was titled “Deliberation of Amendment to the Cat Creek Energy Development Agreement.”

(Done) Sept. 7, 2018 – County ‘v’ Cat Creek Energy Meeting

On Friday, September 7, 2018, at 1:30 p.m. in the Elmore County Courthouse, the commissioners will hold two meeting regarding the Cat Creek Energy project and we want you to be there to stand silently in opposition to this mega-construction plan.

The first meeting will deal with 26 different issues Elmore County has concerns that they might not have given proper consideration to in many of the previous meetings held during the past 2.5 years. Some of those issues deal with the location and size of the 39 wind towers they wish to put up on Camas Prairie and electrical transmissions lines that could run helter-skelter through our backcounty. Plus we believe the threatened “Sage Grouse” certainly wouldn’t do well around those transmission lines or wind turbines.

Do we want wind turbines spread out from the Pine-Featherville Road and in the future possibly right down Highway 20 to the Teapot Dome area?

The subject of the second meeting is about a development agreement Cat Creek Energy wants to amend regarding the planned reservoir on Little Camas Prairie. There are a host of problems associated with this reservoir John Faulkner want to build. The worst issue is the very real possibility of a toxic blue-green algae cross-contamination bloom spreading into Anderson Ranch Reservoir.

“Who wants blue-green algae to close down recreation on Elmore County’s fishing and boating mecca?”

 

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

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

Help Stop A Wind Farm On Camas Prairie, Idaho

Here is a 70-second video showing where Cat Creek Energy, LLC plans to build a wind farm on the western edge of Camas Prairie in southern Idaho in the coming months. We believe this wind farm will ruin the scenic value of the area, lead to a proliferation of more wind farms along the Highway 20 corridor and disrupt the migration patterns of the many elk that roam this portion of the state.

Please help us get word to the Elmore County Commissioners this wind farm is a bad idea.

Additionally, there is a reconsideration hearing on May 11, 2018, where the commissioner could reopen the discussion for the approval of Cat Creek Energy, LLC’s five conditional use permits (CUPs) for this project. We believe the permitting process was flawed and the approval process should be reopened. If you could attend this 1:30 pm meeting, it will make a big impression on the decision makers.

Commissioner Contact Information

Please share this video and post with your friends and neighbors if you oppose the construction of 31 oversized wind turbines on the road to Anderson Ranch Reservoir, Fairfield, Sun Valley and Craters of the Moon National Monument.

Thanks,

 

Tim

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