Pacific County Department of Community Development
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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.