Logan County Board grants Sugar Creek Wind Farm staged construction

 

[March 21, 2019] 

LINCOLN 

On Tuesday, March 19, the Logan County Board held its monthly voting meeting. One focus of discussion was about changes to the upcoming Sugar Creek Wind Farm Project.

Members present were Board Chairman Emily Davenport, Vice chairman Scott Schaffenacker, Kevin Bateman, Dave Blankenship, Janet Estill, Bob Farmer, David Hepler, Steve Jenness, Chuck Ruben, Bob Sanders, Annette Welch and newly appointed board member Jim Wessbecher.

Planning and Zoning Committee Chairman David Hepler brought forward three motions related to work on the Sugar Creek Wind Farm Project.

The first measure was to modify conditions two, three and four that would allow phased construction for the Sugar Creek Wind Farm.

Initially, condition three required that tower foundation certifications be required prior to the issuance of a turbine foundation building permits.

Conditions two, three and four are all related to the tower design and turbine, and required prior to the issuance of turbine construction permits.

The second motion was to allow nighttime construction activities unless prohibited by the Road Use Agreement for Sugar Creek Wind Farm.

The third motion was to use Patrick Engineering for Engineering Consulting for the Sugar Creek Wind Farm Decommissioning Plan.

Bateman said he wanted to amend the first motion to allow all construction except what is prohibited by the road use agreement, but Ruben said the motion to allow nighttime construction activities unless prohibited by the road use agreement already covered that.

Blankenship said he wanted to amend the first motion to add in wording about a pre-operational phase on the decommissioning agreement. Blankenship wants the decommissioning agreement to begin before construction, so that if they fail to proceed with work after the foundation is set, the company would be still be responsible for decommissioning.

Schaffenacker said he felt that was covered in the third motion regarding the decommissioning plan. Ruben said wording could be added to the third motion saying the plan would apply from the beginning of construction.

Hepler asked if that would be problematic.

Kyle Barry, the attorney representing the project, said it depends on how it would be implemented. The decommissioning plan is prepared by consultants who direct Patrick Engineering to consider what is appropriate to cover.

Hepler said the county is hiring Patrick Engineering because they are experts and he feels more comfortable letting experts come back with their recommendation for the board. Otherwise, Hepler said it seems like the board is telling Patrick Engineering how to do their job.

Bateman said he agreed with Blankenship about the Decommissioning Plan having a provision in it about the pre-operational phase. If the company pours four tower foundations and then something happens and they do not build the wind farm, Bateman said the farmer would have four holes sixty feet deep with concrete rebar. Bateman said there should be a statement is needed that once they start construction, there should be a decommissioning plan.

Ruben said he is not questioning the expertise of Patrick Engineering, but at what point the decommissioning plan is beginning. Patrick Engineering’s expertise is in how many yards of concrete have to be taken out, how much the steel is worth, how much will be recovered in scrap and how much decommissioning is going to cost.

Ruben said it is the board’s job to see the plan applies across the board. He said if the concrete for the [turbine] bases is poured, the company will build the towers. It would take some calamity for them not to build the wind farm since a lot of money has already been put into the project. Ruben agreed that having something in the plan to protect against the work not being done might be good.

Ruben said he would amend the motion for the Decommissioning Plan to go into effect at the beginning of construction.

Before any voting was done, Logan County Highway Engineer Bret Aukamp said Sugar Creek is asking to proceed with the construction schedule.

Aukamp said there is a “big ask” for Fifth Street Road and hopes that is considered when the road use agreement is negotiated.

The board then voted on the first motion as it was originally written. Phased construction for Sugar Creek Wind Farm was unanimously approved.

Hepler’s motion to allow nighttime construction activities unless prohibited by the road use agreement with Sugar Creek was amended by Ruben.

Ruben said the board had thought there were certain items covered by the road use agreement that are not covered. In the amendment Ruben said he wanted to insert that nighttime construction activities should be allowed “on the wind towers and in the field, not up and down the road [and] not delivery to the lay down yard.”

Bateman wanted to add ‘in access roads.’

Ruben said tower construction and maintenance on the vehicles at night should be allowed as they are minor.

Schaffenacker asked if access roads and fields are part of the road use agreement.

Aukamp said access roads and fields are on private properties, so they are not covered in the road use agreement. Typically, that type of construction and work on these roads is done during the day, he said.

Barry said he did not have any problems with these amendments.

The amendment and main motion were both unanimously approved.

Hepler’s motion to approve Patrick Engineering for engineering consulting for the Sugar Creek Wind Farm Decommissioning Plan was also amended by Ruben.

Ruben’s amendment was to add that the decommissioning plan would go into effect at the beginning of the concrete tower pours.

Bateman asked about changing it to the beginning of construction and Ruben agreed with that change.

The board approved the amendment with 10 yeses.

Hepler voted no.

Schaffenacker abstained.

The board approved the main motion for Patrick Engineering to provide engineering consulting for the decommissioning plan with 11 yeses.

Schaffenacker abstained.

[Angela Reiners]