Document klickitatcounty_gov_doc_5f0f7555ed

In the Matter of an Application to Permit ) the Linden Ranch Wind Farm ) FILE NO: underthe"EOZ"EnergyOver1ayZone ) ) FINDINGS OF FACT, ) CONCLUSIONS, AND DECISION ) OF THE KLICKITAT COUNTY ) PLANNING DEPARTMENT Northwest Wind Partners, LLC, has applied for a permit pursuant to the Energy Overlay Zone ("EOZ") to establish the Linden Ranch Wind Farm. The Klickitat County Planning Director finds as follows: FINDINGS OF FACT 1. A~plicant: The Applicant is Northwest Wind Partners, LLC. (Applicant or Northwest). Northwest is jointly owned by Windtricity Ventures LLC and Inesco. The companies have indicated their intent to sell the permit to PacificCorp. Applicant is represented by David K. Luneke, Ph.D., P.E., Engineering Director of Windtricity Ventures, LLC, and Northwest Wind Partners, LLC. Applicant's address is 925 North Fairgrounds Road, Goldendale, Washington 98620. 2. Propeq The Project consists of approximately 1,880 acres comprised of the following identified properties: Owner ACES Patt7el Number Triple L Wind LLC 120 Triple L Wind LLC 400 Triple L Wind LLC 560 Triple L Wind LLC 640 Calvin Linden 160 The bulk of the area proposed for turbine string location was originally permitted as Phase I of conditional use permit (CU-95-08), for the Kenetech wind project.' 2. Proiect Description: The Linden Ranch Wind Farm calls for the installation of wind turbine equipment for the purpose of generating electricity on the subject property as well as access roads, electrical transmission lines, and infrastructure. - 1 Kenetech Windpower, Inc., originally held the permit, but bankruptcy proceedings resulted in the transfer of any rights remaining in the permit to Zond Systems, Inc., which apparently, transferred this interest to GE Wind Energy, LLC. Apparently, GE Wind Energy, LLC, is a successor in interest to Enron Wind Systems, LLC; which is a successor to Enron Wind Systems, Inc., formerly known as Zond Systems, Inc, a successor in interest to Kenetech Windpower Inc., (formerly known as US Windpower). GE Wind Energy LLC quit claimed any interest they might have had back to the original property owners, Calvin G. Linden and Terry L. Linden, on December 7,2005. The Project site closely corresponds with Phase I of the Kenetech CUP. The recently issued Windy Point EOZ permit roughly corresponds with the additional Phases. of Fact, Conclusions, and Decision - I ---PAGE BREAK--- The proposal is for the installation of up to 28 wind turbines, within the corridors depicted in the application materials. Actual turbine and any above and below-ground electrical cable locations d be estabhhed during the "micro-siting" process, as further described in the Conditions below. The turbines wdl be 2.0 megawatts on monopoles.2 The turbine height with the rotor sweep will be 410' in height. The siting plans show spacing the turbines as an illustration of density and spacing. Turbine strings are elrpected to be roughly 3,000 feet apart, with turbines separated by roughly 750 feet. The total amount of energy capacity (MW/hour) d not exceed 60 MW. Using 2.0 MWturbine reduces the density previ~usl~authorized in the Kentech project. Excavation and erection equipment will be used for the construction of the foundations. The turbines d be connected to the grid at the BPA, Rock Creek Substation along Hoctor Road. The wind farm will be connected by mrnission lines that cross from the subject property to the substation. Upon termination of energy production, above ground turbine installations will be removed and the foundations covered with soil and revegetated to renun the land to the previous grazing land use. 3. On-Site Uses: Current uses are dry land farming and livestock grazing. 4. Zoning: -fie Project is zoned Extensive Agriculture and EOZ. The surroundmg properties are also EA. The EA is intended to encourage the continued practice of farming on lands best suited for agriculture. The EOZ is intended to provide areas suitable for the establishment of energy resource operations based on the availability of energy resources, existing drastructure, and locations where energy projects can be sensitively sited and mitigated; and to provide siting criteria for the utilization of wind and solar resources. The EOZ permits wind turbines outright, subject to individualized review and the imposition of conditions based on site specific information tailored to address project impacts in accordance with development criteria. 5. Comprehensive Plan: The Klickitat County Comprehensive Plan includes policies providing that: energy development should be compatible with surroundmg land uses; energy development should be designed and sited with Informed consideration of environmental impacts; energy development that utilizes wind and solar are preferred and shall be encouraged. 6. SEPMTechnical Analysis: The EOZ requires each applicant to submit an expanded SEPA checklist. This is a completed environmental checklist (standard form) supplemented by techcal reports addressing wildlife and habitat (including avian resources). The Project application met these requirements. Information submitted to the County included a new "Baseline Ecological Studies" report dated December 11, 2006, and additional visual assessments. The Applicant sought a deferral of the grading and stormwater management plan, which was granted. The gradmg and stormwater management plan must be submitted before building permits are granted. The deferral was granted to avoid duplicating Department of Ecology's ~ - 2 Note condition 58, authorizing turbine model modification. of Fact, Conclusions, and Decision - 2 ---PAGE BREAK--- stormwater management plan requirements. W e extensive cultural resource analysis within the area has been completed, additional analysis during the micro- siting process is required before building permits are granted. In addition to the Project's expanded SEPA checklist, the Kenetech FEIS was used to review project impacts. An Addendum to the FEIS was issued, which incorporates by reference two draft and final environmental impact statements (EISs), and environmental review documents from the recently permitted Windy Point project. One FEIS was for another wind project proposed in the same vicinity in the mid- 1990s. The other FEIS was prepared for the Klickitat County Energy Overly in 2003 and 2004. Although not required, the Draft Addendum (along with a notice of application and request for comment) was circulated to agencies and interested parties, mailed to adjacent property owners, and posted on the website. Community Meeting: The applicant provided notice and conducted a community meeting on March 13, 2006, for three wind project proposals (Imrie Ranch South, Hoctor Ridge East, and Linden Ranch). The meeting was attended by approximately fifty (50) neighbors and interested parties. The community meeting was held in accordance with the EOZ process. Materials documenting public notice and community participation were filed with the County following the meeting. The Klickitat County Planning Department issued a Notice of Conditional, Complete Application on May 11, 2006, was posted on the County website. However, subsequently, the Applicant withdrew the Imrie Ranch South and placed the Linden Ranch permit application on hold while additional ecological and habitat studies were completed, and as a result they were not included in the Hoctor Ridge EOZ approval issued on September 6, 2006. To ensure adequate public participation, consistent with Energy Overlay Zone requirements, the Applicant held a second community meeting on December 11, 2006, and filed materials documenting public notice with the County, following the meeting. 8. Review Process: During the review process, additional analysis was submitted to the County. The County also requested comment, as noted above. 9. Comments: Washm~on Department of Ecolos Ecology submitted comments regarding water resources and water quality. Ecology noted that water usage must comply with water law, and the Project would need a water right to dvert surface water or to withdraw well water in excess of 5,000 gallons per day. This permit requires the Project to comply with all applicable laws and regulations, which includes state water law. The Planning Department advises the applicant to consult with Ecology if any questions on these issues arise, as noted in the Ecology comment letter. With regard to water quality, Ecology noted a Stormwater Pollution Prevention Plan is needed for all construction sites, which would include erosion control measures. Ecology noted a NPDES construction stormwater general permit may be required if there is a potential for stomwater discharges from construction sites larger than one acre. There are also permit of Fact, Conclusions, and Decision - 3 ---PAGE BREAK--- requirements for crushed rock generation. Sa Conditions 4-15, which address stormwater and erosion control. In addition, the Project must comply with all applicable laws and regulations, including NPDES permitting requirements. Washm~on Department of Ecolog Ecolow Air Quality Program: Ecology summarized permitting/notification requirements for portable tempomy rock crushers and concrete batching activities, and noted the Project should prepare a fugitive dust control plan. The Project is required to comply with all applicable state laws. Sa d o Conditions 4- 15. Washington Department of Fish and Wddlife: WDFW noted that it has visited the site, met with the Project applicant to &cuss the project, and reviewed application materials. WDFW is satisfied with the review materials submitted, believes proposed project conditions should have been circulated for comment with the draft SEPA document. WDFW noted it is pleased the Project will be consistent with the WDFW Wind Power Guidelines. The permit conditions are s d a r to conditions required for other wind projects in the County, and are based on EOZ requirements. There is sufficient flexibility in the conditions to allow the Applicant and WDFW to coordinate on Project mitigation. (Sa Conditions 22-26, and correspondence from Northwest to Richard Till dated 12/27/06). Also, as WDFW notes, consistency with the Guidelines is required. Friends of the Columbia Gorge: Friends submitted comments regarding the Project's view impacts. Friends noted the Project is four mdes from the National Scenic Area. Friends requested analysis of the number and location of turbines k l y to be visible from the National Scenic Area and visual simulations regarding same, along with more clarity regarding turbine locations. Friends noted nearby recreation sites are within the Project vicinity. Northwest submitted a response to Friends on December 27. The response notes the project is five miles from the Northwestern boundary of the National Scenic Area. The nearest point within the Area, in which public access is allowed, and the site is visible, is 8.9 miles away. The response references the visual analysis submittals, including visual simulations, which had been provided to the County. The response notes the number of turbines, their approximate spacing, and the information on location which was submitted to the County. The response also notes that one of the noted recreation sites ( M a w Museum) has executed wind leases for development on property they own between the Museum and the Project site, indicating they do not see visual impacts as a negative impact on the tourism which supports them Se also Conditions 47-53 on aesthetic impacts. Dawn Stover: Ms. Stover raised concerns about relying on the Kenetech FEIS because it was issued in 1995, and used smaller sized turbines, in different locations. She also notes since 1995, several other wind projects have been approved, and the EOZ EIS assessed four large projects with a total capacity of 1,000 MW. The Kenetech FEIS reviews impacts associated with wind development in the Project area. The analysis continues to cover the mnge of impacts associated with the Project. In addition, though, the County has incorporated the EOZ EIS, and the environmental review materials submitted for the Windy Point project. Also, the applicant submitted further analysis with its SEPA Checklist and Project review materials. The EOS FEIS does not cap of Fact, Conclusions, and Decision - 4 ---PAGE BREAK--- development at 1,000 MW. There is a separate settlement agreement which requires additional County review procedures once 1,000 MW of wind are constructed. The process does not necessanl~ entail further environmental review. The Applicant did consult with WDFW regardmg the Project, and set the Project back from the steep southern slope of the Columbia Hills to minimize Project impacts. (SE Correspondence from Northwest to &chard Till, December 27, 2006). Northwest submitted responsive comments to Ms. Stover on December 27, 2006. The letter attaches additional environmental review materials, and notes efforts the Applicant has made to coordinate with WDFW on mitigation issues. Windy Point Panners, LLC: Windy Point submitted comments noting the Project would interfere with the commercial viability of turbines their company hold permits for located east of the Project. Windy Point does not ask for additional setbacks based on commercial interference, as long as the County takes a consistent approach on t h issue. While this permit cannot set County- wide policy, Condition # 53 provides that with regard to commercial wind development affecting t h Project, or the two parties, the County position is unlforrn. Neither Windy Point nor Northwest objected to this approach. 10. Cntical Areas: The Project application materials address Klickitat County critical areas ordinance (CAO) requirements. The Applicant has proposed to meet Cntical Areas requirements through avoidance. No construction d occur w i t h 300 feet of wetlands, and all riparian comdors are avoided. The Project will not be constructed in areas with which federal or state endangered, threatened, or sensitive species have a primary association (as defined by the critical areas ordmance); habitats in which species of local importance have a primary association; or state natural area preserves/naml resource conservation areas. Permit conditions require further analysis and reporting during the micro- s iting process to confirm permit conditions and critical areas requirements continue to be met. In addition, permit conditions require resource protection and compensatory mitigation (in accordance with ratios from the WDFW wind guidelines). CONCLUSIONS OF LAW 1. The EOZ ordinance does not require project consistency with the Klickitat County Comprehensive Plan, although the Planning Department may consider Plan policies in issuing permit decisions. Here, the proposal addresses these policies. -fie wind Project proposal is a type of energy use the Plan encourages at this location. And, the proposal includes conditions to provide for compatibility with the surrounding propenies and minimization of environmental impacts. The proposal is therefore consistent with the Klickitat County Comprehensive Plan. 2. The proposal includes a complete application and expanded checkht that addresses noise, air quality, vegetation, wildlife, stomwater, geologic and flood hazards, water resources, cultural resources, visual resources, and public safety. The application has included mitigation conditions that adequately address each of the foregoing issues, Finhgs of Fact, Conclusions, and Decision - 5 ---PAGE BREAK--- and all EOZ requirements. Required mitigation is set forth in the attachment, and addresses the EOZ requirements. The proposal is consistent with the EOZ. DECISION Based on the above findings of fact and conclusions, the Klickitat County Planning Director approves the Linden Ranch Wind Farm subject to compliance with EOZ requirements, other applicable County code provisions, and with the conditions set forth below. Any party with standing has the right to appeal this decision to the Board of Adjustment w i t h 20 days of issuance of t h decision. The appeal must include the name of the party f h g the appeal, contact lnforrnation (including mailing address), filing fee, and describe the issues appealed with n . specificity. 13-2-7-0d3 Date Curt Dreyer, Klickitat County Planning Director Findqs of Fact, Conclusions, and Decision - 6 ---PAGE BREAK--- LINDEN RANCH WIND FARM PROJE Cr CONDITIONS 1. with the applicable seismic zone requirements (currently Zone ZB): H- The steepest slope on the site is 45%. The steepest slope identified for turbine GE OTE CHNIC4L3 Roads, crane pads, and turbine foundations will be designed in consultation with a 2. construcGon does not exceed 10%. The steepest ;lope fo; road construction does not exceed 14%. The area proposed for the maintenance facility is relatively flat. A professional geotechnical engineer. - All structural foundations, buildings, and structures d be designed in accordance the turbine lay out plan, although some modification during micro-siting L expected. Construction of transmission lines will minimize clearing or grading of soil or vegetation. Unless necessary to construct upgrades to existing roads, no Project facilities d l be constructed in drainage features. Drainages in the Project area d be crossed using existing road crossings, and, if required, existing culverts will be replaced to accommodate the 100-yead24 hour storm event. The Project will use or upgrade existing roads where possible and minimize construction of new access roads. If drainage ditches, culverts, and stormwater facilities are required they will be 4. The Project is designed to use existing roads as much as possible for construction access to the turbines. The extent of new road creation is lunited to that proposed in 6. 7. I I straw. I designed For year r o h d conditions including winter snowrnelt faciors. Avoid cleaning and gradmg during wet seasons or period of rainy weather. Water or other dust sumressant measures will be used. when and where a ~ ~ r o ~ r i a t e . 8. L I I All exposed soil surfaces that are not being actively used during construction will be 1 protected by biodegradable erosion-control mats (areas of hgh winds) or weed-free ~ ( 11. Provide a minimum of 6 inches (15 cm) of ;ravel surface on new ~r$iect r o m 9. 10. ) generation. 13. 1 Prior to building permit issuance, a stormwater drainage system will be designed in Stockpiled soils Ni!l be removed or covered, if rain is forecasted or apparent. A water truck will be maintained on-site during construction for dust sumression. - 12. 1 consultation with a professional engineer and subrnittezto ;he Planning ~epa>ment. 1 1 - A Construction wdl in compliance with the design. - reduce wind erosion, where necessary. Traffic speeds on unpaved roads d be lirmted to 25 miles per hour to minimize dust 3 These subheadings do not necessarily reflect all issues the condition is aimed to address, but are designed soley for ease of reference. Findings of Fact, Conclusions, and Decision - 7 ~ ---PAGE BREAK--- A construction stormwater management plan, includrng a Stormwater Pollution Prevention Plan will be implemented concurrent with construction, and submitted to the County prior to budding permit issuance. Prior to restoration activities, the construction stormwater pollution prevention features will be redesigned to function as permanent stormwater r n a n a 5 e c t . After construction, the Project site d be monitored for erosion on a weekly basis and after large rainfall or snowmelt events and corrective action taken, as needed. WLDLIFE HABITA T/PLANTS construction zone. The Project will h u t construction disturbance by flagging the 16. - - - construction zone to protect sensitive areas. Construction zones shall remain outside I A contractor training program will be conducted before groundbreaking to explain restrictions protecting wildlife, habitat, and critical area features in or near the of: - High quality native plant communities and priority habitats; - 25 feet (7.6 meters) from designated critical habitat; - 400 feet (120 meters) from occupied western gray squirrel nests between May 15 and Sept. 30 for general construction and 1,300 feet (400 meters) for blasting and pile- driving; - 75-foot (20 meter) radius of any western gray squirrel nest; - 1,300 feet from bald eagle roots during October and March; - 1,300 feet (400 meters) of occupied red-tailed hawk nests or other raptors from Apnl15 thru August 31. I - ~i least 300 feet from anvwetlands. 1 1 - Areas with oak and oak/bine stands, riparian areas, or juniper woodlands. - An area in Section 14 includes a forested steepsloped drainage comprised predominantly of oak with some pines and junipers. No construction, including the placement of overheard power lines and d i n e access roads, will occur within 300 feet of this area. 1 I - There is a grove of black locust trees in the southeastern quarter-section of ) Section. TGs area d be avoided. No construction, powe; lines, and road construction d occur w i t h 25 feet of t h area If more than one buffer applies to an area, the stricter buffer shall apply. During the micro-siting process, and before any construction occurs, a qualified (as definedb; the County Gltical &as Ordmance) shall walk ;he site, and prepare a report confirming all final, proposed d i n e locations, roads, and electric Imes, and other construction activity, will avoid areas protected through the Critical Areas Ordinance, and d comply with the buffer requirements set by this permit. The report shall be filed with aidapproved by the plaAing Director. 1f the project is constructed in phases, multiple reports, filed before each construction - . phase, may be submitted. A raptor nesting survey will be conducted in the spring prior to construction to active raptor nest sites in the vicinity of the Proiect. A aualified professional biologkt d be consulted to determine extent of survey area. kaptor iests will be . monitored on-site for activity prior to construction, and construction will be of Fact, Conclusions, and Decision - 8 ---PAGE BREAK--- 20. scheduled to avoid impacts to nesting raptors. Environmental monitoring by a quaMied professional will be conducted during 21. - . construction activities to assure flagged areas are avoided. After construction, all access roads to the Project site will be gated to prevent public 22. A A appropriate vegetation, noxious weed control, and protection from degradati&. In addtion, the Project d set aside through legal protection for the life of the Project 0.5 acre (0.2 hectare) of shrubsteppe habitat for every 1.0 acre (0.4 hectare) of access without prior approval. Shrub-Ste~ue Habitat: Based on WDFW Wmd Power Guidehes of a 2:l 23. temporary Impact. Grasslands/Rangeland/Gop Reserve Program (CRP): Based on the WDF'W Wind Power Guidelines, mitigation for prrassland, rangeland or CRP habitat will be based on replacement ratio for permanently impacted shrub-steppe habitat, the Project will set aside, through legal protection for the life of the Project, 2.0 acres (0.8 hectare) of shrub-steppe habitat for every 1.0 acre (0.4 hectare) impacted. Shrub-Steppe Habitat: Based on WDF'W Wind Power Guidelines for temporarily impacted shrubsteppe habitat, the Project will prepare a restoration plan in consultation with the WDF'W that d include site preparation, reseeding with - " - a 1:I replacement ratio. Legal protection will be provided for the mitigation area for the ltfe of the Project. Grasslands/Rangeland/ CRP: Based on WDWF Wind Power Guidelines, mitigation for temporanly impacted grassland, rangeland or CRP habitat d include implementing a-restoration plan in consultat& with WDF'W, and the Project will set asihe through legal for the life of the Project 0.1 acre (0.04 hectare) of k - - habitat for every 1.0 acre (0.4 hectare) of temporary impact. During the micro-siting process, and before any construction occurs, a qualdied (as definedby the County Cntical Leas Ordinance) shall provide exact acreage for permanently and temporarily impacted shrub-steppe habitat and grasslands/rangeland/crop reserve program lands so the mitigation required by condtions 22-25 can be calculated. (The estimated impact is 50 acres.) Before building permits are issued, the Applicant shall submit the proposed mitigation to the County Planning Director for approval, which shall be consistent with all permit conditions. The Applicant d continue to coordinate with WDF'W regardmg implementation of Conditions 22-26. SITE RESTORATION Site Restoration: The Project d revegetate any disturbed areas that are not permanently occupied by Project features in accordance with a reseeding/restoration and weed management ~ l a n to be developed and approved by the Klickitat County Weed Control Board, before building permits are issued. The plan shall be implemented and updated over the lifetime of the Project. After construction, the site area will be graded to conform to previous contours. Permanent erosion control measures, such as water bars, will be installed as needed, and as the County requires. Project site restoration will include reducing access road width to the minimum area needed for maintenance access. Crane pads will be re-pded and restored with rock and topsoil. As appropriate, areas of high wind or Finhgs of Fact, Conclusions, and Decision - 9 ---PAGE BREAK--- 7 water erosion will be covered with biodegradable erosion control blanket. ( All reseeded restored areas will be monitored for 5 years or until vegetation is I - reasonably estabhhed. After construction, all road-related impacts will be reduced to the operational width of 35 feet (10 meters) and the remaining area restored including replacing top soil if appropriate and reseeding. All construction work space around turbines, except for approximately 5,000 square feet (465 square meters) will be restored. The Project will prepare a decommissioning plan o u t h g the circumstances under individual turbines would be removed from the site, methods used to restore areas previously containing turbines and methods for decommissioning the overall Project and restoring the overall site. The Project will provide a bond, letter, or other security/financial arrangements acceptable to the County to ensure proper decommissioning of the turbines. The amount of the security/financial amgements can be later determined, with consideration of site-specific conditions affecting the costs of decommissioning, access, depth of foundation, terrain, equipment salvage value, etc. The decommissioning plan shall include a schedule and fundmg plan to specify how the security/financial arrangements mechanism will be funded during Project operation. The decommissioning plan, includmg the security/financial arrangements, shall be approved by the County Planning Depanment before 1 30. / Transmission Lines: - I I The Project minimizes the use of overhead power lines by placing collector electrical systems between turbine strings underground. permits are issued. IA 4 I I Overhead transmission line design will comply with the Avian Power Line I I Interaction Committee's "sugg&ted ~ractrc~s for Raptor Protection on Power Lines; The State of the Art in 1996" and "Mitigating Bird Colltsions the Art in 1994." to the minimum requirements of the Federal on guyed permanent towers to collisions with guy wires. The Project will investigate with suppliers of the anemometer towers the feasibility of construction of such towers without guy wires, and ~ c d l avoid use of guy wires if feasible. 33. ' Overhead power line conductors will be spaced to minimize potential for raptor 1 electrocution. t 1 34. 1 ?he Project will monitor for and remove carcasses of livestock, big game, and others 1 Transmission lines will be designed and built according to industry standards, including meeting Bonneville Power Administration ("BPA") guidelines at the transmission line right-of-way for electric fields. , , I 1 and the U:S. Fish and Wd&e Service. ' I 37. I A Proiect Technical Advisorv Committee will be formed ~ r i o r to construction land Findings of Fact, Conclusions, and Decision - I0 ---PAGE BREAK--- 1 invite representatives of WDFW, USFWS, landowners, Yakama Nation and / I ( environm&al groups) to examine data related to avian and bat impacts and make I Offer jobspecific health and safety training, including cardio-pulmonary resuscitation, first aid, Occupational Safety and Health Administration training related to the work environment at a wind farm, and a guidance manual on equipment inspection. All construction personnel will have site- and jobspecific safety and first aid training and, during construction, prior to initiating work, "tail-gate" safety briefings wdl be held. 38. First aid kits will be provided to each construction crew and at the - - . recommendations on any additional Personal Safety construction laydown and fabrication yard. During construction, a Project Safety officer wdl be designed to monitor activities and Project provided with cell phones or radios to provide timely comm&icat-ion. Health and Safety Plans: An operational Health and Safety Plan will be prepared that will include: emergency notification dormation, locations of first aid kits, fire extinphers, location of emergency services, and, in addition to 911, key telephone numbers. A Project construction Health and Safety Plan d be prepared by each construction contractor to ensure compliance with the state and federal health and safety laws and regulations cited above. All construction workers d l be trained in and follow the Project Health and Safety Plan. The Health and I Safety Plan d be filed with the Planning ~ e ~ i n m e n t before building 1 ~ pe&ts are issued and will be updated as iecess&y during the life of the 1 1 Project. 1 Portable restrooms d be used during construction. Restroom facilities provided I during operation shall comply with state and local sanitation and septic reGments. 1 Access to towers will be restricted to avoid potential safety hazards. All turbine towers wiU be locked, and the substations will be fenced and locked to prevent unauthorized entry. to construction, the Project will develop and implement a fire and explosion protection plan that includes the following at a minimum: All on-site construction and service vehicles d be equipped with a fire extinguisher, shovels, and other fire-fighting equipment during the summer fire ~ I season. A water tank truck will be available on site during the summer fire season and, as appropriate, stationed near areas where blasting or weldmg is occurring. During Project construction and all Project welding operations, a readily accessible water truck and chemical fire suppression materials will be available on site to allow immediate fire response. Findings of Fact, Conclusions, and Decision - 1 1 ---PAGE BREAK--- Prior to blasting, vegetation will be cleared around the blast excavation zone. 1 / Smokmg d l be restricted to designated outdoor gravel-covered areas I I I High fire-risk activities during extreme dry weather conditions will be minimized or restricted. Hazardous materials handling and storage procedures will comply with State of and Klickitat County requirements. If storage of fuel and other petroleum products is required on-site, the contractor would be required to prepare a Spill, Prevention, Control, and Countermeasures Plan. 1 Transformers at turbine bases shall be engineered and constructed to prevent leaks, have an integrated leak detection system, and be set on a pad w i t h a containment berm. Any small quantities of waste fluids from maintaining vehicles, turbines, and transformers shall be stored in a controlled and secure area at the O&M facility on only a temporary basis, and shall be adequately contained to prevent their release. On a periodic basis, these waste materials will be picked up or taken to a local recycler. The perimeter areas around the turbine transformers d be graveled and maintained free of vegetation. Oil and Hazardous Material: Lubrication and maintenance of construction equipment shall occur in contained areas. Liquid-absorbing booms, sock, pads, or loose absorbent materials shall be readily available and maintained on site in the event of minor spills of fuels, oils, lubricants, and other fluids. Such fluids shall be stored in a secure area in the construction laydown and fabrication prd, in approved containers. A spill prevention and cleanup plan to be adhered to during construction and operation of the facility d be submitted to the county. Turbine pads wdl feature a small berm to contain any loss of lubricant while operating or during servicing. Emergency repairs required in the field will be closely supervised and oil- I absorbent ads placed under the repair area. Turbine and substation components would be carefully moved to the site and installed. The Applicant has not proposed a refueling facility. If proposed at a later date, this would require permit amendment, and additional conditions. Such facilities would not be located within 100 feet drainages, or sensitive plant and animal habitat, and 300 feet of wetlands. Mitigation measures such as an underground containment system, monitoring, etc., would be required. Security Fence site as appropriate and post warning signs of electrical danger with emergency contact numbers. Existing fencing and gates will be maintained or improved to ensure site security. New road entrances without existing gates wdl be gated with locks. of Fact, Conclusions, and Decision - 12 ---PAGE BREAK--- The site w d be monitored for evidence of unauthorized use and adhtional I security d be provided as appropriate NOISE of Fact, Conclusions, and Decision - 13 46. 47. 48. 49. 50. Noise: Daytime noise levels at residential structures (Class A EDNA) are required by state regulations (WAC 173-60) not to exceed 60 &A and nighttime levels are not to exceed 50 &A The Project shall maintain sound levels that are under the maximum levels for the adjacent receiving properties based on the receiving properties' environmental designation for noise abatement per state regulations and shall comply with applicable noise control regulations. If these standards cannot be met, the Applicant shall acquire all necessary property rights to achieve compliance. If there is a noise complaint from a resident/property owner proximate to the Project, the Applicant shall pay for a noise study to determine whether the Project is consistent with state noise regulations. The Applicant shall pay the County the estimated cost of the analysis, before the study is completed. All unexpended funds shall be returned to the Applicant. If the Project is shown to be in violation of state noise requirements, the turbine(s) causing the violation must be shut down as necessary to achieve compliance, or the necessary property rights acquired to achieve compliance. Construction d not be performed within 1,000 feet of occupied buildings on Sundays, legal holidays or between 10 p.m. and 6 a.m. on other days. Pile driving or blasting d not be performed with 3,000 feet of an occupied dwelling on Sundays, holidays or between 8 p.m. and 8 a.m. on other days. Idling of trucks and other heavy equipment, such as concrete delivery trucks, will be minimized to the extent possible. Construction equipment d , where feasible, be equipped with noise control devices and muffled exhaust systems. AESTHE T I a The Project will use a non-reflective paint for towers and blades to reduce glare. The towers could be painted a neutral color that will blend easily with the neutral colors of the existing landscape. Transmission lines will be constructed of wood poles, whch cause less reflection and are more visually compatible with the surrounding environment than steel poles, unless met21 poles are required for structural The Project will use non-reflective conductors and non-luminous insulators for transmission systems. Construction areas d be kept clean of construction debris or within storage facilities. facility will be kept free of debris and unused or broken Project facility lighting from being visible offsite, the applicant will shall be used. are shielded and directed downward. The minimal amount of will be kept clean of construction debris on a daily facility will be kept free of debris and unused or broken down equipment will be stored off-site or with storaze facilities. ---PAGE BREAK--- The Project shall be set back from all property boundaries in compliance with EOZ requirements, and as set forth in the project application materials. Several d i n e s located on the east side of the property are expected to interfere with the commercial viability of d i n e s permitted, but not yet constructed, on the adjacent Windy Point site. Windy Point is not requesting additional setbacks (see Response to Comments above), as long as uniform approach to this type of situation is taken. As a result, the this Permit does not impose additional setbacks on this Project based on commercial wind interference, as long as future projects involving/affecting the same parties, or this Project, are also not condtioned on this basis. If this were to occur, this Permit condition would need to be amended, following consultation with the affected parties. - - ~ - - Cultural Resource Mitigation: 7 Project design incorporated the use of existing roads to the degree possible to reduce the k l h o o d of potential impacts on c u l m l resources. Prior to building permit issuance, the Project will complete archaeological investigations of road comdors and turbine locations. Results of the surveys and mitigation measures directed toward any further resources identified are to be provided to Klickitat to buildmg permit issuance. Flag and avoid htorical/cultuil resources during construction. The boundaries of the construction zone d be flagged with sufficient buffers to protect sigdicant sites. Monitor construction activities to ensure that flagged historic/cultml properties are avoided. The Project will design and implement scientific data recovery in the event further testing confirms eligibility of additional resources and avoidance is not feasible. The Project will provide for and support a archaeological/cult~l monitor, appointed by the Yakama Indian Nation. Project construction workers d be trained on the need to avoid cultural properties and on the procedures to follow if previously unidentified cultural properties are encountered during construction. An "unanticipated Discovery Plan" will be prepared to guide response in the event previously unidentified cultural resource properties are encountered during construction. If any previously unidentified cultural resource is discovered during construction, the construction activity will cease in the vicinity of the site pending implementation of the unanticipated Discovery Plan, consultation by a quaMied archeologist, and consultation with the State Office of Archaeology and Historic Preservation to identify appropriate mitigation measures such as avoidance or scientific data recovery. The Project will comply with all applicable state and federal laws governing cultural resource protection. If the applicant proposes to construct in areas that have not yet been delineated for cultural resources or critical areas, for example, due to micro-siting of facilities for environmental or Project-related reasons, the applicant shall perform and document such delineation in a report submitted to the Planning Director prior to disturbing the area. If sidicant resources cannot be avoided the reDort shall DroDose mitieation. Findings of Fact, Conclusions, and Decision - 14 ---PAGE BREAK--- and disturbance of the area shall not occur until the Planning Director approves in 1 . . . ROADS To the extent economicallv feasible. the Proiect will schedule construction activities to avoid the use of pavedJCounty roads d d n g likely periods of freeze/thaw cycles and comply with temporary county weight restrictions. County roads will be h t e d to loads adunder legal weight restrictions, including seasonal restrictions, unless applicant provides a bond to the County and enters into a Road Haul Agreement with the Public Works Department whch provides for the assessment by the County and applicant and funding by applicant of road irnprovements or repairs necessary to protect or restore the condition of County roads to the condition they were in before Project construction. The Road Haul Agreement will be executed before buildmg permits are issued. At a minimum, the Road Haul Agreement d include: I o a specified haul route listing the route, load configurations, quantity of loads, and schedules for primary and support traffic; o identification of structut.dl improvements to the haul route, including roads and bridges, to allow for overweight loads; o a method and timeframe to assess and address needed road repairs and/or improvements; and I I o provisions for traffic control. The bond amount d be calculated at $70,000 a mde of paved County road to be used, and $20,000 a mile of gravel county road to be used, or as approved by the Public Works Department. 1 ( The applicant shall also obtain such approvals or franchises as are necessary under I state d;county law before constructing' Project utility lines within the county'right of way. Applicant shall obtain approach permits from Public Works Department for " " relocate to avoid potential s i g n i n t e r f e r e n c e . TURBINES 57. road approach access to county roads. COMMUNICATION TRANSMITTERS Precisely determine the location and frequency of existing tight beam directional ( I Planning Director, noting the new model. As long as the selected d i n e s are low 1 I communications transmitters and receivers when siting. individual turbine string.^ and 58. 1 ( rpm; use tubular towers to minimize risk of bird cokion with d i n e blades and the I Turbine Model: The Project proposes using REPower Systems MM92, 2 MW turbines. If different turbines are required, the Applicant shall file a report with the Findings of Fact, Conclusions, and Decision - 15 59. tower; utllize current, best available technology are consistent with other permit conditions, and within the scope of earlier SEPA review, the model change shall be approved, and permit amendment will not be required. Turbine Features: To prevent rotors from dislocating from the turbine, each turbine shall be ---PAGE BREAK--- equipped with a braking system that controls the rotors. In the event of malfunction or excessive wind speeds, more than 65 d e s per hour (29 meters per second), dependmg on the duration, the autoktic b r a h i system 1 will shut down the turbine blades. I I To avoid operating the turbine whde a maintenance worker is inside the nacelle, swiiches at the top of the turbine will prevent service personnel at the bottom from operating systems potentially hazardous to personnel inside the turbine. Each turbine will be controlled from a remote O&M facility. I 1 The turbines shall be mounted on steellconcrete foundations designed for I I the subsurface conditions of the site, be installed and designed based on I I standard and b d t in accordance with site specific designs prepared by a qualified engineer. For protection from potential lighting stnkes, each wind turbine, includmg the rotor blades, will be equipped with a lightning protection system. The lightning protection system will be connected to an underground grounding arrangement to facilitate flowing safely to the ground. In addition, all equipment, cables, and structures comprising the wind turbines d be connected to a Project-wide groundmg network All electrical equipment will be designed to meet local and international National Fire Protection Agency and the National Electric Code. Turbines shall be equipped with multiple temperature sensors mounted on parts of turbine machinery prone to higher temperatures. I I Turbine maintenance and inspection activities d be conducted in I I accordance with the program-developed by the turbine manufacturer, and d include routine maintenance to maximize turbine performance and detect potential difficulties. Each turbine will be monitored continuously by a site control and data-acquisition computerized system Each turbine will be equipped with monitors that communicate major aspects of operation through communication lines. Alarm systems will be triggered if operational characteristics fall outside set limits. - - - - - 60. I The Project d be developed consistent with the WDkW ~ m d Power Guidelines. 61. ( The Project will comply with all applicable federal, state, and local regulations, checkst aid application materials.' If there is an inconsistency between the permit , conditions and application materials, the permit conditions shall govern. 63. The Applicant may utilize this permit, or if the Kenetech CLP is amended such that it I I 1 62. also authorizes the Project, the Applicant may elect to construct the project in accordance with that permit. The Project may rely on one, but not both, permits. including health indust& health and safetycodes, regulations, and standards. - Except as provided herein, the Project shall be developed consistent with the SEPA 1 1 Before building are issued, the Applicant shall determine which p&mit is I I beinp: used. of Fact, Conclusions, and Decision - 16 I 64. " The Applicant is responsible for achieving compliance with all permit terms and conditions. As provided for in the County Code, the County may take enforcement action to achieve compliance with any permit condition. ---PAGE BREAK--- 65. This permit shall expire twelve months from the date of the expiration of the appeal , period for the permit unless construction4 of Project facilities has commenced w i h that period. The filing of any appeals shall defer the running of such period until the final resolution of such appeals and the expiration of any appeal period following such resolution. The Planning Director may extend the permit validity upon a showing of need by the applicant for not more than two six-month periods. The permit applicant shall continue to make substantial progress toward Project comuletion after construction commences. 4 Construction is defined as a physical activity that would lead to the construction of project facilities on the project site, including but not limited to land clearing or road construction. of Fact, Conclusions, and Decision - 17