June 13, 2023 |
Photo – Location of Two Rivers Wind Project – courtesy US Fish and Wildlife Service
The Carbon County Board of Commissioners put the proposed Two Rivers Wind Energy Project on hold until a BLM review of the installation is completed.
At last Tuesday’s commissioners meeting, Planning and Zoning Director Sarah Brugger introduced two resolutions related to the Two Rivers Wind Energy Project. Conditional Use Permit 2023-05 would allow Two Rivers LLC to build power transmission lines from the proposed site of the wind farm near Medicine Bow to an electrical substation located near Freeze Out Peak in northern Wyoming.
Brugger said the 230-kilovolt transmission line would run through 10.6 miles of Carbon County. A portion of the stretch is located on federal lands. The planning and zoning director said Wyoming Department of Environmental Quality’s Industrial Siting Division approved Wind Rivers LLC’s application in 2019.
The second conditional use permit, 2023-01, would authorize the construction of the wind farm itself. The proposed wind farm would be built on combined state, federal, and private land. The private land owner, William Bailey, has given permission for the project to begin construction on his ranch. Brugger said Two Rivers LLC was waiting for a federal permit related to federally protected eagles.
As part of the Bald and Golden Eagle Protection Act, the Bureau of Land Management requires all wind and solar energy projects to acquire an eagle take permit before development on BLM land can begin. The permit allows for the disturbance and unintentional killing of eagles during construction and operation of the project. Brugger told the board that previous conditional use permits have been authorized without all other licenses in place. The planning and zoning director said her office would ensure compliance before future permits would be given.
The Two Rivers Wind Energy Project is jointly overseen by Clearway Energy Group and BluEarth Renewables. Executive Vice President of Engineering and Construction for BluEarth Renewables, Jamey Fitzgibbon, said the county’s planning commission recommended the board approve the transmission line permit during their May 1st meeting. Fitzgibbon said he thinks the county’s requirements for a conditional use permit have been met. The BluEarth Renewables representative said all other environmental assessments have been completed. Fitzgibbon said BLM will take the other studies into consideration and issue a decision this fall.
Fitzgibbons said the project will provide a significant economic benefit to the county and surrounding area. He said the town of Medicine Bow supports the project. Fitzgibbons asked the board of commissioners to approve the conditional use permit without the BLM agreement. With construction slated to begin this fall, the BluEarth Renewables representative said the project needs the permit to move forward.
Clearway Energy Group Development Director Ricky Davis said the project will employ between 250 and 300 people during construction with 10 or 12 permanent employees once the project is finished. Davis outlined some of the tax benefits of the Two Rivers Wind Energy Project.
BluEarth Renewables Senior Environmental and Regulatory Consultant Glenn Isaac said plans have been made to address concerns from Wyoming Game and Fish about pronghorn migratory paths. Isaac said the project has incorporated all necessary wildlife conservation requirements.
Jeffrey Pope, an attorney with Holland and Hart in Cheyenne, represents Two Rivers LLC. Pope said if the Bureau of Land Management requires more scrutiny, in the form of an environmental impact statement, the project couldn’t proceed even after a conditional use permit has been issued.
Pope said waiting until September, when the BLM decision is expected to be made, would put an undue amount of financial stress on the project. He said the county’s concern is unjustified. Pope said the board isn’t required to take Game and Fish or BLM recommendations into consideration when issuing a conditional use permit.
The board heard from both proponents of the project and concerned citizens during the nearly two-hour long hearing. Afterwards, Chairwoman Sue Jones asked her fellow commissioners for their opinion on the matter. Commissioner Byron Barkhurst said without BLM authorization he could not agree to issue the conditional use permit.
Commissioner John Espy said he agreed with commissioner Barkhurst. Espy said the inclusion of federally managed land adds an additional level of complexity to the project. Commissioner Espy said he doesn’t want to issue the permit in case BLM disapproves of the project.
Commissioner Espy suggested that Two Rivers LLC withdraw both conditional use permit applications until BLM issues a decision.
Commissioner John Johnson said he supported Espy’s idea that the permit applications be withdrawn.
Chairwoman Jones said the board may take any agency’s recommendation into consideration when issuing a conditional use permit. Chairwoman Jones suggested that the Two Rivers representatives return after BLM has issued a decision.
Chairwoman Jones asked the wind energy representatives if they would like the board to issue a ruling or if they wanted to voluntarily withdraw their applications. After a brief recess, the parties agreed to withdraw the conditional use permits for the transmission lines and the wind energy farm.
