Good afternoon Patty,
I have attached a copy of a letter sent to Idaho Power, DOE, the Department of Agriculture and several other interested parties. Statewide Planning Goal 3, Agricultural Lands, identifies agricultural land in eastern Oregon as soils of predominantly NRCS capability classifications I through VI. The majority of the proposed route in Malheur County is located on class I through III soils, much of which is also classed as high value and prime farmlands by Oregon DOA.
Policies contained in the county comprehensive plan create a hierarchy of site preference to soils with a lower capabilty classification for both permitted outright and conditional non-farm uses in the resource (EFU & ERU) zones. They also require normal farming and ranching practices be allowed to exist and continue without interference from non-farm uses. ORS 215.275 requires Idaho Power to address alternative routes. However this statute has been interpreted by the courts to be alternatives to locating in EFU lands and not to alternative routes within EFU lands.
The Planning Department contends the requirements of ORS 215.275(5) and the county comprehensive plan Goal 3 policies require Idaho Power to consider alternative routes within the EFU zone to minimize the impact to EFU and intensively farmed land in the county. We also feel the Hemingway-Sand Hollow direct route located entirely in Idaho is a valid alternative to locating the route on EFU lands in Oregon and must be considered as an alternative pursuant to ORS 215.275.
I want to thank the SIP board and the citizens involved with SIP for their work. Farming is our life line in Malheur County. When I was growing up I spent many Sunday afternoons driving the farm roads in this area with my father who was involved in the field seed business. An afternoon drive never passed without him emphasizing the importance of farmland and farming to our lifestyle in this area. When I was first shown the proposed route just prior to it being made public, I was very concerned there might not be an organized opposition to it. This concern was certainly unfounded. Thanks again for SIP's efforts.
Jon Beal, Malheur County Planning Director
Jon Beal's letter to Eric Hackett of Idaho Power (download HERE):
Dear Mr. Hackett:
The statewide planning goals adopted by LCDC establish broad polices for land use planning in Oregon.
ORS 197.225 - 197.250. Goal 3, Agricultural Lands, aspires to preserve and maintain agricultural land in Oregon. Local comprehensive plans and land use regulations implement these policies. To issue a site certificate, EFSC must find the proposed facility complies with the statewide planning goals and the substantive criteria from local regulations.
OAR 345-022-0030. Agricultural land in eastern Oregon is identified as land classified by the Natural Resources Conservation Service (NRCS) as having predominate soils with a capability classification of I through VI.
OAR 660-033-0020. I have attached maps of the proposed B2H transmission line showing NRCS soil capability classifications I through III for properties located within the corridor including enlarged maps of the “Big Bend,” “Adrian,” “Nyssa” and “Malheur Butte” areas. These areas were included in the Malheur County Soil Survey completed in 1980. I have included an aerial photograph of the area north of Malheur Butte, “ the Larsen property,” that is also included in the proposed corridor. This area was not included in the county soils survey. However, the aerial photographs of the area indicate it is irrigated and intensively farmed. The owner of the property has had a soil survey done on portions the property and this information will be sent to you when the county receives and maps it.
Compliance with the county’s substantive criteria and DLCD’s land use goals and administrative rules is required to receive EFSC site approval. Malheur County’s acknowledged comprehensive plan and zoning regulations implement the state land use regulations. The following four policies are contained in the Malheur County Comprehensive Plan, Goal 3, Agricultural Lands, policies and should be addressed in the selection of the route:
1. Public and private land classified by the U.S. Soils Conservation Service (now Natural Resource Conservation Service, NRCS) as being in Capability Classes I through VI, as well as any other lands determined to be suitable and needed for farm use, are considered to be agricultural lands.
This policy required the designation of exclusive farm use zones in Malheur County in conformance with the Statewide Planning Goal 3, state statutes and administrative rules.
2. Whenever possible, lands having the highest agricultural capabilities will be given the greatest protection (Class I has the highest capability; Class VI has the least).
This policy creates a hierarchy of site preference given to soils of lower soil capability classification for outright and permitted non-farm uses allowed in an EFU zone. Those portions of the route shown on the attached maps are located on class I to III soils, much of which is also classified as prime or high value soils by the Oregon Department of Agricultural.
8. The county will work closely with the irrigation and drainage districts when land use decisions affect the distribution of water for irrigation purposes.
This policy requires the county to address the effect of land use decisions on irrigation and drainage facilities. The location of the transmission line on irrigated lands in intensive farm use will possibly have a negative effect on flood and pivot sprinkler irrigation practices and facilities.
12. Normal farming and ranching activities will be allowed to exist and continue without interference from non-farm uses of the land.
This policy allows normal farming practices to exist without interference from the establishment of non-farm uses allowed in the EFU zone. The proposed location of the transmission line in the EFU zone in the more intensively farmed areas will have a negative effect on irrigation practices, aerial application of chemicals, the tilling of the farmland and the loss of highly productive farmland.
The B2H transmission line is being processed as a utility facility necessary for public service. ORS 215.283(1)(d). ORS 215.275(2) requires the applicant to consider reasonable alternatives to locating the facility in an EFU zone or establish that one of the statutory factors set forth in subsection (2) requires them to locate the facility in an EFU zone. Malheur County requests the following alternative routes be reviewed:
1. Hemingway to Sand Hollow route located entirely in Idaho.
2. Hemingway to Grassy Mountain on the existing 500kv line and then north to Huntington Junction.
3. Hemingway to Grassy Mountain on the existing 500kv line to Buchanan and north to the I-84 corridor.
These proposed alternative routes are located predominantly on federal land and land zoned Exclusive Range Use (ERU). The legislature used a broad brush in its choice of words in describing alternatives that must be considered under ORS 215.275(2). See Friends of Parrett Mountain v. Northwest Natural Gas. Selection of any one of these routes would have considerably less adverse impact on lands in Malheur County zoned EFU and intensively farmed. The location of the facility on intensively farmed land and land with NRCS capability classification I through III, as those shown on the attached maps, will have a negative effect and could significantly alter and possibly increase the cost of typical farming practices in the immediate area of the transmission line. It will interfere with best farming practices including aerial application of chemicals, tilling practices, sprinkler and pivot irrigation facilities and lower dairy cow productivity along with taking high value farmland out of production.
The statutory criteria set forth in ORS 215.275 require the applicant to demonstrate it has considered reasonable alternatives to placement in a resource zone. The alternative analysis required by ORS 215.275 is an analysis of alternatives to the use of EFU lands and does not require analysis of alternative corridors within the EFU zone. However, ORS 215.275(5) requires the county governing body to impose clear and objective conditions on an application for a utility facility siting under ORS 215.281(1)(d) to mitigate and minimize the impact of the facility on surrounding lands devoted to farm use in order to prevent a significant change in accepted farming practices or significantly increase the cost of farm practices on surrounding lands.
This requirement is implemented by Malheur County through the above referenced Goal 3 comprehensive plan policies which require soils having the highest agricultural capabilities be given the greatest protection when establishing outright permitted or conditional non-farm uses in an EFU zone and requires normal farming practices to continue without interference from non-farm uses. The statute assumes some impact on EFU land is permissible and construes the terms “mitigate” and “minimize” together to require a general reduction in the intensity and frequency of an impact. See Friends of Parrett Mountain v. Northwest Natural Gas. Location of the transmission line on soils of lesser agricultural capability that are not intensively farmed and on federal lands would reduce the adverse impact on lands zoned EFU in conformance with state statute and county comprehensive plan policies.
Malheur County reserves the right to submit additional comments and information for consideration when it becomes available to the county. Thank you for your consideration.
Yours truly;
Jon D. Beal
Planning Director
The Board of Directors of Stop Idaho Power wants to thank Jon Beal for this clearly written, well-reasoned and researched letter in behalf of Malheur County and its residents.
