||| FROM SAN JUAN COUNTY COMMUNICATIONS |||

 UPDATE: San Juan County’s Department of Community Development (DCD) is still reviewing OPALCO’s application for a conditional use permit. The review is currently on hold for additional information. DCD has agreed to a deadline of July 28, 2024 for OPALCO to provide materials in response to the County’s request for additional information made on March 28, 2024. The requests were clarified in subsequent meetings between OPALCO and DCD staff held in April. 

OPALCO is expected to be able to meet the deadline in continued pursuit of land use approval for the proposed development.

What additional information did the County request?

DCD staff’s March 28 request was a revision of an earlier request made on February 29, 2024 based on SEPA review notes, public comment, and third-party critical area review of the application’s critical area document initially included in the application’s submittals. ‘SEPA’ is an acronym for State Environmental Policy Act.

The full request is detailed in the County’s email dated March 28, 2024. As an overview, the County requested the following information from the applicant:

  1. Response to deficiencies concerning critical area documentation submitted for the proposed development (concerning potential wetlands and fish and wildlife habitat critical areas)
  2. Revised project narrative addressing all updates concerning revised clearing and grading documentation as well as any expected revisions to critical area reports
  3. Response to SEPA review notes concerning a) potential impacts to PHS listed wetland on site, b) potential losses to AG resource lands, and c) potential visual impacts.

What did OPALCO and DCD staff meet about in April?

OPALCO, now represented by Van Ness Feldman, LLP (frequently referred to as VNF in correspondences), requested a meeting with DCD staff to seek clarification on the requests made in March. 

Not all parties could meet on a single date so one meeting was held on April 15 to discuss points 1 and 2 noted above.  A second meeting was held on April 23 to discuss the SEPA comments (point 3 as noted above). A summary of both meetings was shared via email on April 24, 2024.

When can the public expect a new hearing date for OPALCO’s project?

OPALCO has until July 28, 2024 to provide the requested information for review. Once received, DCD staff will need to review the materials to determine if they are sufficient for continued processing at that time. If determined sufficient, DCD staff will continue the SEPA review (as well as general land use review) of the project to make a SEPA determination, which will dictate the deadlines for SEPA comments, potential SEPA requirements, and then, finally, an expected date for a Hearing Examiner Meeting.

Once deemed sufficient and accepted for review, the most current application materials will continue to be made accessible for public access. Written public comment continues to be accepted by DCD staff. Please continue to send public comments to marcs@sanjuancountywa.gov. A full review of all the Public Comment Contact Information is posted at the bottom of this release. 

SAN JUAN COUNTY, WA April 15, 2024 – UPDATE: San Juan County’s Department of Community Development (DCD) is postponing the public hearing examiner meeting for OPALCO’s Bailer Hill micro-grid and battery installation project while waiting for all additional information requested of the applicant on March 28, 2024. The future hearing examiner meeting date is to be determined (TBD). 

Written public comment will continue to be accepted by the department, however the Hearing Examiner will not be able to open the record for verbal public testimony on April 24, 2024. Once DCD receives enough information to complete SEPA determination and continue with the review process, a new hearing date will be published where verbal testimony will be accepted.

Why is the hearing postponed?

DCD initially published a notice of application (with the expected Hearing Examiner Meeting date) on March 12 and 13. On March 28, DCD staff requested additional information from OPALCO based on comments received as of March 12, third party review received as of March 18, and recent SEPA review findings. 

Between Wednesday, April 3 and Friday, April 12, OPALCO and DCD discussed reasonable timelines and procedural requirements related to the initially scheduled hearing date. OPALCO and DCD agreed to postpone the hearing without a specific rescheduling date while OPALCO gathers documentation in response to all items raised in the March 28 correspondence. 

How does postponing impact public engagement?

Written public comment opened on March 13 and continues to be accepted for this project (see comments submitted as of April 3, 2024). Please continue to send public comments to marcs@sanjuancountywa.gov. 

Anyone expecting to make verbal public testimony for this project on April 24, 2024 will need to wait until the hearing is rescheduled. Project documents will continue to be posted for public review using the links and references in this news flash (below).

How will I know when the hearing is rescheduled for?

Once outstanding requests for additional information have been sufficiently addressed, a new notice will be published in print as required by County Code. This news flash post will also be updated to help the public keep apprised of this ongoing review process.

An updated Summary of Important Information and Resources is available at the bottom of this news flash. Also, the original release has been corrected regarding what ‘SEPA’ stands for. ‘SEPA’ is an acronym for State Environmental Policy Act.

SAN JUAN COUNTY, WA. March 22, 2024 – San Juan County’s Department of Community Development (DCD) received an application from OPALCO for aPublic Engagement Guide Image conditional use permit (CUP) for a microgrid and battery installation project at the corner of Douglas Rd and Bailer Hill Rd. CUPs are a regulated process governed by the County Code and are subject to public comments and quasi-judicial review by a Hearing Examiner (a person contracted by the County to make land use decisions and hear appeals). DCD will review the application and prepare a report for the County Hearing Examiner who will convene a public hearing and make the final decision on the project application based on the County Code. Members of the public interested in engaging in the County’s review of OPALCO’s project can use this guide to find:

  • A brief overview of OPALCO’s proposed project
  • How San Juan County’s permit review process works
  • The project’s current review status
  • A summary of information and links to important resources and contact information

What is the project?

OPALCO has applied for a conditional use permit (CUP) to install solar panels across parcel 352713002000, located at the corner of Douglas Rd and Bailer Hill Rd. The parcel is designated Agricultural Resource. OPALCO indicates the project will allow for livestock grazing around and underneath its panels ensuring that agriculture use is viable after installation. A small portion of the lot will house a battery energy storage system (or BESS). Livestock would not have access to this area.

OPALCO has provided the following documentation to the County:  Project narrative and site plans, SEPA checklist, critical area documentation, stormwater report, clearing and grading application, electromagnetic field (EMF) density report, farmland evaluation and assessment, visual impact assessment, and responses to staff inquiries (through February 8, 2024). All of which are available to the public.

Additional information may be required during the permit review process and will be made available to the public.

Why has OPALCO applied for a conditional use permit for this project? Why can the public comment on it? 

The project is a commercial power-generation facility, which requires a conditional use permit to allow its development in parcels designated Agricultural (or ‘AG’). OPALCO completed its final application in September of 2023, though additional requests for information were not completely addressed again until February 6, 2024.

The County’s Department of Community Development (DCD) reviews CUPs and prepares a staff report for the Hearing Examiner (HEX) who convenes a public hearing to review and take testimony on the project. The HEX takes all testimony into consideration in their review and ruling on the project.

How can the public submit comments on OPALCO’s conditional use permit? 

The public has several opportunities to comment on the project. Contact information for submitting comments is specified at the bottom of this message.

Public Comment Period: The public comment period began on Wednesday, March 13, 2024. Any member of the public is welcome to provide a written comment to DCD about the project. To ensure the smooth administration of the project, interested parties should request in writing a copy of the Hearing Examiner’s decision.

Public comments received prior to April 3, 2024, will be addressed in a staff report to the HEX. Any public comments submitted after April 3 up until the hearing examiner meeting (during which the public may still provide comment) will be included for the record at the time of the meeting.

SJCC 18.80.140 requires that appeals of HEX decisions must be filed within 21 days of the publication of the appealed decision.

SEPA Comment Period: ‘SEPA’ stands for State Environmental Policy Act and this regulation has a specific comment period and appeal process depending on the SEPA threshold determination for the project. SEPA review for the project has been ongoing since the application was initially deemed complete. The threshold determination will be published in the newspaper and Washington State SEPA Register. The determination letter will have the specifics concerning SEPA comment period and SEPA appeal process.

Public Hearing Examiner Meeting: After DCD staff and the applicant provide their testimony for the record, members of the public will have an opportunity to present public testimony (written or verbal) about the proposed project.  The meeting will be available in person and streamed online.

Rules for conduct during a hearing examiner meeting are outlined in SJCC 2.22.200-2.22.240.

What is the current review status?

On March 13, 2024, the notice of application was published. A SEPA determination has not been issued yet. A notice of the threshold determination shall be published in the Journal and the Sounder.

The final decision on the project application will be made by the County Hearing Examiner after the public hearing. The decision will be based on the County Code. Important dates (such as the proposed hearing examiner meeting date) are posted below in the summary of important information and resources.

Summary of Important Information and Resources (updated 4/15/24)

About San Juan County’s Department of Community Development 

San Juan County’s Department of Community Development is responsible for building permits and inspections, code enforcement, land use designations, long range planning, and more. The department’s main office is located at 135 Rhone Street, Friday Harbor, WA 98250. For more information about San Juan County’s Department of Community Development, visit www.sanjuanco.com/1778/Community-Development.

 

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