Logan County Board to vote on switchyard grading to begin for Sugar Creek Wind Farm

 

[May 21, 2019] 

On Thursday, May 16, the Logan County Board held its Board Workshop to hear committee updates and discuss motions that will be voted on at next Tuesday’s Regular Board. One focus of discussion was a request from Liberty Power on behalf of the Sugar Creek Wind Farm.

Kyle Barry, attorney for the project, said by July 1, the project must turn over ground to Ameren so Ameren can build the switchyard, which provides the point of interconnection with the electric grid. Before the ground can be turned over to Ameren certain activities must be completed. The company needs to bring in dirt and level it out so Ameren can do their work. Barry asked whether certain approvals are necessary before the work can be done.

It will take several weeks to bring in the dirt and Barry said if it is not done by July 1, Ameren will not be able to meet its deadline and it will delay the start of construction.

The wind ordinance found in Appendix E of the zoning code says no wind farm can be constructed, erected, installed, or located within Logan County until it meets prior siting approval, and Barry asked whether the activities related to grading involve construction or installation activities. Federal regulations by the U.S. EPA defines construction as a physical change or change in the method of operation of a building including fabrication, erection, installation, and demolition.

The bottom line is preparatory work like grading is not considered construction under federal regulation and Barry said the county ordinance imposes standards stricter than what the EPA imposes.

If you look at the switchyard, it will eventually be owned and operated by Ameren because it will part of the electric grid, and Barry said if not for the wind farm Ameren would not need the approval.

The board already essentially distinguished between preparatory work and construction work when it approved the road use agreement for the project. Barry said the road use agreement defines preparatory work and construction activities differently. Barry was in McDonough County last night, and said Ameren was able to begin work on the switchyard for that project without having the final permit in place.

Liberty Power’s Yuri Aratov, project manager for the Sugar Creek Wind Farm project, said the arrangement with Ameren is that the road must be graded by July 1. Ameren has a no outage period between May and September, which creates a problem for Liberty Power. If not turned over by July 1, it could push the April 30 date for beginning construction to September or October 2020.

Ameren’s Engineering team is already backed up with work on solar projects, so Stan Komperda said any time delays would be of concern.

Scott Schaffenacker, Vice chairman of the board, asked if the work would interfere with the road use agreement.

Logan County Highway Engineer Bret Aukamp said the road use agreement is for use of public roads and the location of the substation is adjacent to Route 10. They would be accessing the area from the state route and the construction could take place without affecting any of the local roads.

Schaffenacker said it seems like dirt work could be done without the full permit in place and asked whether the board needed to act.

Logan County Zoning Officer Will D’Andrea said the only reason grading would be going on is to prepare for a substation that is only there because of the project, and the substation is just allowed under conditional use.

Ameren got approval previously for land use for the Fogerty substation. He will not issue a permit to start any construction until every condition is satisfied.

D’Andrea asked how much dirt work would be needed since the dirt work is to prepare for some construction of a substation.

Board member Chuck Ruben said the board can authorize them to do the work but must set up some conditions such as having an access road off the highway with the state of Illinois and some kind of decommissioning bond to put the road back into its original shape.

Aratov said they already have the Letter of Credit for the Decommissioning Agreement and are expecting a permit from the Illinois Department of Transportation. They would not start any work until that permit is in place.

Brett Skaggs, business manager the Operating Engineers of Springfield, said they represent about 1,300 members and these people go through a lot of hours and time to put roads back the way they were.

Ruben asked if the letter of credit would satisfy the agreement.

Since he has not seen the plans for what grading and road work would take place, Aukamp said he cannot answer that question yet.

Aratov said the letter of credit is more than double the cost being paid to their contractor for the work.

To verify that, Aukamp will need to see plans for what will be done at the worksite.

Logan County State’s Attorney Brad Hauge said the board has the authority to decide whether to grant or not grant what Liberty Power is asking, and it is covered legally either way. Hauge has also talked to Barry, D’Andrea and Aukamp about the issue.

Though D’Andrea had pointed out grading for a rock quarry or digging for a basement would not be allowed, Hauge said what they are asking is different since it is for a wind farm and it is a company the county has worked with in the past. Liberty Power has complied with several conditions on the conditional use permit and are working toward the rest, so Hauge said he believes all the conditions should be in place by mid-summer.

Aukamp said he does not have a deadline, but they are making progress and road construction may begin later in the summer.

Barry said July 1 is a functional deadline since that is when Ameren needs to start construction.

Hauge said if the board were to approve the grading, that gives the company an added incentive to finish it up on time, have costs up front, and be invested financially in the project, which may encourage Liberty Power to complete the agreements.

Board member David Hepler said that on Tuesday he would motion to approve the initial grading as requested by Liberty Power.

Ruben said he would amend the motion to delineate conditions such as providing Aukamp with plans showing the letter of credit far exceeds the value of what is being put in and that Aukamp has time to look at it before the approval is granted.

The board will vote on whether to approve the work at Tuesday’s meeting.

[Angela Reiners]