Pacific County Department of Community Development
PLANNING ENVIRONMENTAL HEALTH BUILDING SOUTH BEND OFFICE LONG BEACH OFFICE Courthouse Annex 7013 Sandridge Road 1216 W. Robert Bush Drive Long Beach, WA 98631 P.O. Box 68 South Bend, WA 98586 (360)642-9382 FAX (360)642-9387 (360)875-9356 Naselle (360)484-7136 FAX (360)875-9304 Tokeland (360)268-0891
E-Mail Address: [email protected]
PACIFIC COUNTY COURTHOUSE National Historic Site
STAFF REPORT
DATE: January 26, 2011
TO: Pacific County Board of Adjustment
FROM: Mike Stevens, Senior Planner Department of Community Development
SUBJECT: CONDITIONAL USE PERMIT NO. 09-0144SB, submitted by Pe Ell North LLC, applicants, and Weyerhaeuser Company, land owner (Development Permit Application No. 15062434000/15062500000).
GENERAL INFORMATION:
Request: The Coyote Crest Wind Park is a 118 MW Wind Energy Power Generation Facility and 115 kV Transmission Line. The project involves the installation of 47 individual wind turbines which will vary in tower height from 262’ – 328’. Three (3) of the proposed wind turbine towers will be located in Pacific County and are the subject of the requested Conditional Use Permit. The other 44 wind turbine towers will be located in Lewis County. Electrical power from all wind turbine generators will be collected by a project power cable system that delivers the electrical energy to an on-site substation where the power is transformed to 115kV for deliver to the regional power grid. The upgraded transmission line will follow or be located near existing Weyerhaeuser roads and Grays Harbor PUD utility easements in Lewis County and in Grays Harbor County and will run through the existing 115kV substation at Cedarville, Washington, and will continue north and interconnect to the Bonneville Power Administration power line at South Elma, Washington.
Location: The project site is located primarily in western Lewis County, north of the community of Doty, Washington. A small portion of the project area will be located in northeastern Pacific County. The transmission lines for the project will extend northward to the Cedarville Substation in Grays Harbor County, where it will interconnect with Grays Harbor PUD and the BPA transmission system. The facilities to be located in Pacific County will be located in Township 15 North, Range 6 West, Section 24 and 25.
Public Notice: A Notice of Application and Hearing was published in the Willapa Harbor Herald on January 5, 2011. A Notice of Application and Hearing was sent on January 3, 2011 to all recorded property owners within 300’ of the site.
SEPA: Lewis County, Washington was determined to be the Lead Agency in regards to environmental review due to the majority of the project occurring in Lewis County. The Lewis County Department of Community Development developed a Final Environmental Impact Statement for the project. As part of the Board of Adjustment’s deliberation the Board of Adjustment will need to consider adoption of the Final Environmental Impact Statement issued by Lewis County.
SITE INFORMATION:
Site Characteristics: The entire project site is located upon more than 3,500 acres including 3,240 acres located within the Weyerhaeuser McDonald tree farm and, if approved, an additional 320 acres of public land managed by the Department of Natural Resources. Most of the project, including the portions of the project proposed upon DNR land, is located within Lewis County, Washington. The site(s) consists of land that is primarily timberland, with forest access roads and logging in the immediate vicinity.
Adjacent Land Uses: The surrounding land uses consist of commercial forest land.
Comprehensive Plan: The Pacific County Comprehensive Plan designates the site as being within the Forest Land of Long-Term Commercial Significance Land-Use Designation.
Zoning: The project site is located in the Commercial Forestry Land Zoning District (FC).
Critical Areas and Resource Lands: The site does not contain any critical areas regulated by the Pacific County Critical Areas and Resource Lands Ordinance. However, the site does consist of land designated as resource land (Forest Land of Long-Term Commercial Significance). The proposed use is consistent with the regulations contained within Ordinance No. 147, Critical Areas and Resource Lands.
ANALYSIS:
This Conditional Use Permit request is limited to the portions of the project that are proposed to occur within the jurisdiction of Pacific County. As indicated above, Lewis County, Washington was determined to be the Lead Agency in regards to environmental review due to the majority of the project occurring in Lewis County. The Lewis County Department of Community Development developed a Final Environmental Impact Statement for the project. In addition, the applicants applied for a Special Use Permit and associated variances from Lewis County. Board of Adjustment 09-0144sb Staff Report January 26, 2011 Page 3
The Lewis County Special Use Permit hearing was held on December 20, 2010 at the Lewis County Commissioners Meeting Room, Chehalis, Washington.
Pe Ell North LLC has entered into a development lease with Weyerhaeuser Company and has a lease pending with the Washington Department of Natural Resources (DNR) for the development of the wind energy resources in the Coyote Crest area of the Doty Hills in Lewis and Pacific Counties. Approximately 3,240 acres within the Coyote Crest Wind Park Lease Area are owned by Weyerhaeuser and are located on the McDonald Tree Farm, while approximately 320 acres are owned by DNR. The total lease area is approximately 3,560 acres, of which only 175 of which will be used for Wind Turbine Generators (WTGs), transmission line, new roads, and support facility.
As indicated above, three (3) of the proposed WTGs will be located within Pacific County and are the subject of this Conditional Use Permit. The WTGs within Pacific County are referenced as turbines 1, 3 & 4. The only structures to be built within Pacific County will be the WTGs, all other facilities associated with the wind farm will be constructed in Lewis County.
The proposed heights of the turbines vary between 262’ – 328’ depending upon the site. The total height from the ground to the blade tip point (located at the straight up position) depends upon the tower height and will be between 406’ and 471’. Pacific County has determined that the proposed height of the WTGs is consistent with the County’s zoning ordinance as the height restrictions outlined in Ordinance No. 153, Land Use (Sections 6 through 20) do not apply to structures or items placed above roof level and not intended for human occupancy. This determination is consistent with the decision that was made for the wind turbines near Grayland (CCAP Project).
It is anticipated that approximately 5.36 acres of new impervious surface will be developed in order to construct and contain the three (3) WTGs. The WTG foundations will cover approximately .07 acres of land, the crane pads will cover approximately 3 acres of land, while new gravel surfaces (including roads) will cover approximately 2.29 acres of land.
It should be noted that during the environmental review, Lewis County determined that an EIS (Environmental Impact Statement) was required. As a result, a Draft EIS (DEIS) was prepared pursuant to SEPA. The DEIS was mailed to parties of interest and all comments received were addressed in the Final Environmental Impact Statement (FEIS) published November 10, 2010. An addendum to the FEIS was issued December 23, 2010 and addresses comments received from the Washington State Department of Fish and Wildlife. The addendum does not substantially change the analysis contained in the FEIS or find any new significant impacts.
The FEIS devotes special attention to concerns that wind turbines may pose a threat to birds and bats. As set forth in the FEIS, it has been determined that the only federally threatened, endangered or candidate bird or bat species found within the site is the Marbled Murrelet. To provide greater protection to the Marbled Murrelet, as well as other bird and bat species, the FEIS incorporates an “Avian and Bat Protection Plan” (ABPP). The ABPP is intended to minimize avian fatalities and provide continued monitoring. The ABPP further provides mechanisms to adapt its management strategy consistent with the results of its post Board of Adjustment 09-0144sb Staff Report January 26, 2011 Page 4 construction monitoring. The ABPP incorporates a “Curtailment Plan” that calls for a shutdown of the WTGs in the early morning hours during the months of June and July.
The FEIS also gives special attention to the visual impact of the WTGs. However, in this instance, the visual impact of the proposed WTGS is largely a nonissue. The only residential area having any appreciable view of the WTGs is the small community of Doty, which is several miles away from the project site. It is worth noting that there has been no public concern about the visual impact of these facilities. Additionally, the WTGs will be painted a non-glare neutral color and outdoor lighting will be kept to the minimum needed for security and safety.
Each Board of Adjustment member will be provided a complete packet of information prior to the public hearing on January 26, 2011. Staff recommends that each Board member review the information thoroughly prior to the hearing and familiarize themselves with the project as much as possible as other important information is included that has not been addressed within this Staff Report.
Representatives from Pe Ell North LLC will be in attendance during the public hearing and would like the opportunity to give a brief presentation regarding this project to the Board. It is likely that the presentation will include additional information regarding the project that is not included as part of this Staff Report.
In order to approve a Conditional Use Permit, the Board of Adjustment must conclude that the proposal meets all of the following criteria.
1. The conditional use is designed in a manner, which is compatible with the character and appearance of an existing, or proposed development in the vicinity of the subject property;
It appears that the proposed conditional use is designed in a manner, which is compatible with the character and appearance of the existing and future development in the vicinity of the subject property. The proposed use will occur within an area that has been used extensively for timber production. The construction of wind turbines is allowed within the Commercial Forest land use zone through the issuance of a conditional use permit. In addition, the existing land use regulations allow for the construction of wireless communication facilities (cell towers), the installation of electrical power substations, transmission lines and communication relay stations as an outright permitted use. Furthermore, major utility and communication facilities such as overhead transmission lines, power generation plants and underground pipelines, all of which are designed to serve regional needs beyond the local community are allowed in the FC zone as a conditional use.
The project site is located within Weyerhaeuser Timber Company land that is devoted to the production of timber. Weyerhaeuser would not enter into a lease agreement if the proposed use would hinder their future production of timber.
2. The location, size and height of buildings, structures, walls and fences, and screening vegetation for the conditional use shall not hinder or discourage the permitted development or use of properties in the immediate vicinity of the conditional use; Board of Adjustment 09-0144sb Staff Report January 26, 2011 Page 5
Given the extremely remote location of the project site it does not appear that the location, size and height of the proposed wind turbines will hinder or discourage the permitted development or use of properties in the immediate vicinity.
3. The conditional use is designed in a manner that is compatible with the physical characteristics of the subject property;
The proposed wind turbine construction has been designed in a manner that is compatible with the physical characteristics of the subject property. As indicated earlier within this Staff Report, there will be no impacts to listed critical areas as defined by Pacific County Ordinance No. 147, Critical Areas and Resource Lands.
Approximately 5.36 acres of clearing and grading/impervious surface will occur as a result of the proposed WTG construction (in addition to the installation of the underground power circuit). The locations of each of the three (3) WTGs are relatively flat and it does not appear that the wind turbine sites will deter from the physical characteristics of the subject property.
4. Requested modification to standards are limited to those which will mitigate impacts in a manner equal to or greater than the standards of this title;
The applicant is not requesting any modifications to the required standards as a part of this permit application.
5. The conditional use is such that pedestrian and vehicular traffic associated with the use will not be hazardous or conflict with existing and anticipated traffic in the adjacent area;
Other than during the initial construction of the wind turbines and during occasional trips to the site for maintenance purposes, the proposed wind turbines will not generate additional traffic to the area. Access to the overall project site (Pacific, Grays Harbor and Lewis Counties) will be via two access routes. From the south the project can be reached from Highway 6 by travelling on Stevens Road to Elk Creek Road (Lewis County) and then onto private Weyerhaeuser Road 7010. From the north the project can be reached from Highway 12 via South Bank Road to Garrard Creek Road and then onto Weyerhaeuser’s private C-Line Road, continuing to the project’s northern-most wind turbine site. All internal roads are located within Weyerhaeuser property (or possibly DNR property). Public access is generally prohibited except during hunting season.
6. The conditional use will be supported by adequate public facilities or services and will not adversely affect public services to the surrounding area or conditions can be established to mitigate adverse impacts on such facilities, and
The Pacific County portion of the proposed wind turbine project will not require public facilities or services that would typically be required for most other land use developments as the portion of the proposed wind farm in Pacific County consists solely of the three (3) WTGs. However, it should be noted that the applicant has agreed to enter into a Fire Services Agreement with Lewis County Fire Protection District Nos. 11 and 16. The Fire Services Agreements will Board of Adjustment 09-0144sb Staff Report January 26, 2011 Page 6 include a fire prevention, notification, coordination and fire control plan for the project as well as institute procedures for rescue operations should an incident occur inside a turbine nacelle. The applicant has also agreed to execute an agreement with the appropriate agency addressing training and equipment related to potential high-angle rescue needs at the project.
The proposed operations building to be constructed in Lewis County will be treated by an on- site septic system and an on-site well (both yet to be constructed). However, no public utilities will be required for the project with the exception of transmission lines for power.
7. The conditional use is not in conflict with the health and safety of the community, nor detrimental to the public interest.
The proposed WTGs do not appear to be in conflict with the health and safety of the community as they will occur upon land that is several miles from residential development. The project appears to have the full support of federal, state and local officials and has gathered no public opposition (as of the date the Staff Report was prepared).
Projects similar in nature to the proposed wind farm typically come under extreme scrutiny from federal, state and local officials, as well as environmental groups such as the Audubon Society. However, in this case the applicants have worked extensively with these entities and through the creation of an Environmental Impact Statement have found ways to adequately avoid and/or mitigate for potential environmental impacts. A Technical Advisory Committee (TAC) pursuant to the WDFW wind power guidelines will be established. The TAC will ensure that monitoring data that is gathered will be in a form in which independent and informed policies can be created for the benefit of all parties, including the applicant.
Recommendation: The Department of Community Development does not offer a formal recommendation for approval or denial, instead, staff has provided the following motions, findings of fact, conclusions of law and conditions of approval for your consideration.
Board of Adjustment 09-0144sb Staff Report January 26, 2011 Page 7
MOTION FOR APPROVAL/DENIAL
Based on staff analysis and comments received, staff offers the following motion and findings for your consideration.
The Pacific County Board of Adjustment moves to APPROVE/DENY Conditional Use Permit Application No. 09-0144sb submitted by Pe Ell North LLC, applicant, and Weyerheauser, property owner, authorizing the construction of three (3) wind turbine towers and related improvements within Pacific County, Washington.
This recommendation is based upon the following findings:
SUGGESTED FINDINGS OF FACT
1. The project site is located primarily in western Lewis County, north of the community of Doty, Washington. A small portion of the project area will be located in northeastern Pacific County. The transmission lines for the project will extend northward to the Cedarville Substation in Grays Harbor County, where it will interconnect with Grays Harbor PUD and the BPA transmission system. The facilities to be located in Pacific County will be located in Township 15 North, Range 6 West, Section 24 and 25.
2. A Notice of Application and Hearing was published in the Willapa Harbor Herald on January 5, 2011.
3. A Notice of Application and Hearing was sent on January 3, 2011 to all recorded property owners within 300’ of the site.
4. The entire project site is located upon more than 3,500 acres including 3,240 acres located within the Weyerhaeuser McDonald tree farm and, if approved, an additional 320 acres of public land managed by the Department of Natural Resources. Most of the project, including the portions of the project proposed upon DNR land, is located within Lewis County, Washington. The site(s) consists of land that is primarily timberland, with forest access roads and logging in the immediate vicinity.
5. The surrounding land uses consist of commercial forest land.
6. The Pacific County Comprehensive Plan designates the site as being within the Forest Land of Long-Term Commercial Significance Land Use designation.
7. The project site is located in the Commercial Forestry (FC) Zoning District.
8. The site does not contain any critical areas regulated by the Pacific County Critical Areas and Resource Lands Ordinance. However, the site does consist of land designated as resource land (Forest Land of Long-Term Commercial Significance). The proposed use is consistent with the regulations contained within Ordinance No. 147, Critical Areas and Resource Lands. Board of Adjustment 09-0144sb Staff Report January 26, 2011 Page 8
9. The Conditional Use Permit request is limited to those portions of the project that are proposed to occur within the jurisdiction of Pacific County.
10. Lewis County assumed lead agency status in terms of SEPA (State Environmental Policy Act) with agreement from Pacific and Grays Harbor Counties due to the fact that the largest portion of the project will occur within Lewis County.
11. Lewis County determined that an EIS (Environmental Impact Statement) was required. A Draft EIS (DEIS) was prepared pursuant to SEPA. The DEIS was mailed to parties of interest and all comments received were addressed in the Final Environmental Impact Statement (FEIS) published November 10, 2010. An addendum to the FEIS was issued December 23, 2010 and addresses comments received from the Washington State Department of Fish and Wildlife. The addendum does not substantially change the analysis contained in the FEIS or find any new significant impacts.
12. There are portions of the project not found within Pacific County: (A) 47 WTGs and other improvements are to be located in Lewis County, and (B) approximately 6.3 miles of the overhead transmission line is to be located within Grays Harbor County. The applicant shall seek approval from these counties for those portions of the project.
13. Pacific County has not received any phone calls or written comments regarding the proposal.
14. The proposed use lies within the jurisdictions of Lewis County Fire Districts 16 and 11. The applicant has not yet entered into fire services agreements with either Fire District. It will be necessary for the applicant to enter into such agreements with both Districts before the construction of the WTGs.
15. Access to the site(s) will be via private Weyerhaeuser logging roads.
16. The applicant will install “obstruction lighting” on the WTGs as required by the Federal Aviation Administration (FAA).
17. Section 21.G of Pacific County Land Use Ordinance No. 153 authorizes construction above 35’ when the proposed structure/use is not intended for human occupancy.
18. Pacific County’s Land Use Ordinance #153 became effective on March 15, 2004. As a result, wind turbine towers are allowed within the FC (Commercial Forestry) Zoning District through the issuance of a conditional use permit.
19. Pacific County Land Use Ordinance #153 places nine (9) criteria on the establishment of short term/vacation rentals.
20. Pacific County Land Use Ordinance #153 establishes seven (7) criteria that must be met in order for the Board of Adjustment to issue a conditional use permit.
Board of Adjustment 09-0144sb Staff Report January 26, 2011 Page 9
21. The location of the turbines is well away from any single-family development and thus, the sound generated by the spinning blades should be negligible.
22. There has been no public concern about the visual impact of the WTG facilities.
23. The FEIS incorporates an “Avian and Bat Protection Plan” (ABPP). The ABPP is intended to minimize avian fatalities and provide continued monitoring.
24. The ABPP incorporates a “Curtailment Plan” the calls for a shutdown of the WTGs in the early morning hours during the months of June and July.
25. Issues such as tower collapse and/or blade throw are extremely unlikely; however, should they happen, the location of the towers provides a protective buffer to any adjacent structure from impact.
CONCLUSIONS OF LAW
1. The proposed use (will/will not) substantially impact existing public facilities, including streets, roads, utilities, etc;
2. The proposed use (is/is not) consistent and compatible with existing and/or permitted uses in the same zone;
3. The proposed use (is/is not) detrimental to the public interest.
SUGGESTED CONDITIONS OF APPROVAL
1. All other local, state and federal permits shall be obtained. A copy of any other permit approval shall be submitted to Pacific County at least 14 days prior to the commencement of the project.
2. The project shall comply with the noise standards established in WAC 193-60.
3. The applicant shall “light” the turbines as required by the Federal Aviation Administration (FAA).
4. Best Management Practices shall be used to minimize soil erosion at each of the turbine locations and as needed where other construction and/or land alteration activities will occur.
5. All work shall substantially conform to the plans and specifications submitted with the Conditional Use Permit request.
Board of Adjustment 09-0144sb Staff Report January 26, 2011 Page 10
6. The applicant shall enter into written fire services agreements with Lewis County Fire Districts 11 and 16 and provide copies of the same to the Pacific County Department of Community Development.
7. The applicant shall comply with all FEIS/DEIS pre-construction mitigation measures.
8. A copy of the written safety plan provided to Lewis County DCD shall be submitted to the Pacific County DCD prior to the issuance of any building permits for the proposed WTGs.
9. The applicant shall construct all improvements and meet all construction and post- construction mitigation measures consistent with the FEIS/DEIS, including all mitigation measures set forth in the Avian and Bat Protection Plan (ABPP).
10. The applicant shall establish the Technical Advisory Committee (TAC) in conformance with the terms set forth in the FEIS/DEIS.
11. All lighting (except FAA required lighting) shall be hooded and/or shielded so that no light shall be allowed to trespass on neighboring properties.
12. Failure to comply with any condition of approval listed herein will result in the requirement of an immediate re-review of this Conditional Use Permit by the Pacific County Board of Adjustment.
SEPA CONCURRENCY
The Pacific County Board of Adjustment hereby moves to adopt all SEPA and environmental information, including the Draft Environmental Impact Statement (DEIS) and Final Environmental Impact Statement (FEIS) prepared by the Lewis County Department of Community Development in regards to the Coyote Crest Wind Park.