July 14, 2023
California

Strauss wind energy project seeks to operate without golden eagle permit

Janene Scully, Noozhawk North County Editor | July 12, 2023 | noozhawk.com

Santa Barbara County planning commissioners appear poised to allow a wind farm above the Lompoc Valley to begin operating despite not having a federal permit regarding harming or killing golden eagles.

The 27 wind turbine generators making up the Strauss Wind Energy Project sit on a ridge about 4 miles southwest of Lompoc and adjacent to Vandenberg Space Force Base. Planned for two decades, the project would generate enough electricity for 40,000 homes.

On Wednesday, BayWa r.e. Wind LLC asked the Santa Barbara County Planning Commission to allow the turbines to begin operating although the firm had not acquired an incidental take permit from the U.S. Fish & Wildlife Service.

County planning staff had recommended commissioners deny the request, but the panel instead recommended staff return with findings to approve the request.

Strauss applied to the federal agency for the incidental take permit in March 2023, with a BayWa representative saying an oversight led to the delayed application.

Approval of the permit can take a few years to secure so Strauss asked for permission to begin operating in the meantime, aiming to turn on the turbines in September.

“We are keen to get this commissioned and operational as soon as possible,” said Gordon MacDougall, chief executive officer of BayWa Wind.

In addition to a lengthy permitting process, the wind farm has encountered delays due to the COVID-19 pandemic and the heavy rains that created challenges include washouts of San Miguelito Road.

Planning Commission Chair John Parke contended important reasons exist for the unique wind energy project to begin operating.

“This is not a moral issue. Should we spank BayWa for being slow? I don’t really care. I want to get things done for the citizens of California,” Parke said.

“We have legitimate reasons to want this thing to happen and happen now,” Parke added.

“In this situation I think the greater good…agreeing to this change in condition and letting BayWa move forward is more important than specificity of the condition,” Commissioner Laura Bridley said.

‘I can’t let my feeling that the applicant has had a major failure here blind me from looking at the bigger picture which is to get online, be productive and be an example to the state and the nation that wind energy can be implemented,” Commissioner C. Michael Cooney said.

Staff has noted the request was unique since typically a similar federal permit would be required ahead of construction, when a species might be harmed. For this project, the harm to birds and bats begins when the turbines start operating.

The panel’s approval of the project a few years ago included an “adaptive management plan’ aimed at protecting eagles and other birds.

The plan would allow the county to change the operating hours of the turbines, if needed, to protect golden eagles and other species.

There’s no estimate for how quickly the federal permit approval process will take, but some speculated it requires years to secure since it required environmental analysis.

Commissioner Vincent Martinez asked for some measures to ensure the federal permit is obtained, adding he feared a never-ending application process.

Commissioners suggested the panel require regular updates on the effort to secure the federal permit and hold another hearing at some point if the permit has not been secured after two years.

“I think that would let us keep track of it a little better and hopefully let everybody know that we do care about it and we don’t just want to write BayWa a blank check on this,” Commissioner Larry Ferini said.

Saying he expected backlash for pointing it out, Martinez also noted that people arguing to allow the renewable energy project to proceed had a different opinion when the panel recently considered an oil industry request. Likewise, renewable energy supporters mentioned potential tax revenue, but rejected the same argument about oil projects, he added.

Speakers at the meeting supported and opposed allowing the wind farm to begin operating before securing the incidental take permit.

“BayWa has no legitimate reason for this change,” said Katherine Emery, Santa Barbara Audubon Society’s executive director. “BayWa had over three years to submit its application for an ITP and chose not to do so.”

She also referenced the county staff report that noted the company’s proposed changes to the conditional use permit would result in “less protected and less enforceable mitigation measures for golden eagles than is provided for by the existing condition.”

Sam Cohen, government affairs and legal officer for the Santa Ynez Band of Chumash Indians, said the firm worked with tribal officials to adjust the location of towers and complied with archeological monitoring during construction.

“Strauss has proven itself to be a good partner so we support going operational now and modifying the conditions,” Cohen said, adding that when consulted, the tribe intends to support the incidental take permit.

The item will return to the Planning Commission’s Aug. 9 meeting when the panel will consider formally approving changes that would allow the wind farm to operate before obtaining the federal permit.

URL to article:  https://www.wind-watch.org/news/2023/07/14/strauss-wind-energy-project-seeks-to-operate-without-golden-eagle-permit/