RBC | “I want to know if we are just going to have lip service to private property rights, or if we are going to support them,” said Kathleen Kelley, lifetime Meeker resident and landowner seeking board approval for what her family considers to be the most beneficial use of the land operated and owned by her family for more than 80 years.
She expressed frustration and anger during her first public comment about the project’s approval process for a 550 acre, 100 watt solar farm approximately 2.5 miles west of Meeker in the Josephine Basin.
NextEra Energy, the company proposing the development, has gone through nearly two years of extensive review with the planning commission (PC), Colorado Parks and Wildlife, meetings with county officials and staff and public hearings. NextEra presented at a May 9 public hearing where neighboring landowners shared concerns about perceived negative impacts of the proposed project. That meeting resulted in an extension on the board’s final decision to approve or deny the project.
Rio Blanco County Planner/Surveyor and GIS Manager Leif Joy said the May 9 hearing resulted in a list of 27 questions/concerns about the project which NextEra staff addressed this week via verbal presentation and a long-form Q&A document submitted for public review. Key topics included wildlife migration corridor impacts, project construction impacts, setback distances, long term environmental impact and remediation, among others.
NEXTERA’S RESPONSE
NextEra Project Manager Ash Moore spent time before and after public comment addressing concerns and questions. “We listened to the public, we listened to the board and we went beyond the recommendations,” he said, demonstrating the company’s effort to meet requirements and answer questions by listing considerations, modifications to the site plan, study findings and various other efforts to address public concerns.
Moore cited numerous wildlife studies conducted by NextEra and third-party groups including a wildlife evaluation, habitat assessment, wetlands/waters of the U.S. evaluation, cultural resource evaluation, phase 1 environmental site assessment and a noxious weed plan. Moore’s presentation highlighted specific site plan modifications and future commitments made in consultation with wildlife experts, CPW requirements and concerns expressed by residents and government officials. Those include a big game conservation strategy, minimized fencing footprint, CPW recommended security fences to allow big game movement in and around the project, enlarged 200 ft. wide corridors for wildlife movement through the project, additional corridors from east to west and seasonal timing restrictions on construction to avoid the most sensitive winter migration period, among others.
“We’ve met and exceeded the conditions set in the Rio Blanco County land use regulations and humbly ask for the board’s approval,” said Moore.
Following NextEra’s attempts to address all 27 specified questions from May 9, a number of residents again spoke against the proposed development.
OPPOSITION AND REBUTTAL
Opposing comments centered on issues of wildlife, unknown impacts to neighboring property value, and a shared theme of when it is acceptable to make an exception to an otherwise principled belief in protecting private property rights.
“The double edged sword that really drives me, you shouldn’t tell those people what they can do with the ground,” commented one resident, noting, however, “The other side of that sword is when it really interferes with the neighbors, then you’ve gotta take it under consideration,” he stated. Others reflected the same position about the project, highlighting it as an exception to their beliefs about private property rights.
“I would hope [with] the conservatism of this county that we would stand up and support those private property rights,” stated Kelley, expressing frustration over what she viewed as inconsistent and/or insincere concerns from those opposing the project.
She argued that government denial of her intended land use would constitute a violation of the “takings clause” of the Fifth Amendment of the U.S. Constitution which states, “nor shall private property be taken for public use, without just compensation.”
Kelley also expressed anger toward nearby landowner Dan Prenzlow, publicly accusing him of “buzzing” her house earlier that morning. (Buzzing refers to the act of flying low and rapidly over a particular area or object and typically involves flying at a low altitude and at high speed.) Prenzlow did not respond to confirm or deny the accusations during the meeting.
Jay Sullivan (left) and Kathleen Kelley (right), Josephine Basin landowners seeking approval for a solar farm, went head to head with neighboring property owner Dan Prenzlow (center), who opposes the solar installation. LUCAS TURNER PHOTOS
Kelley’s brother and co-owner of the property Jay Sullivan also referenced the flyover, directly confronting Prenzlow, “Obviously you’ve proven that you fly over our ranch, you fly over the wildlife trails, and the cattle trails,” he said. Sullivan’s self-described hostility during the meeting also stemmed from the inconsistency of those in opposition. “I get a little angry, because I’m with my sister, it’s my property, I have the right to do with it what I want,” he said.
Tuesday’s hearing would have meant final approval/denial from commissioners, but following the long and contentious meeting, the board postponed final approval for another 30 days. Despite the delay, NextEra representatives spoke positively about the meeting afterwards. During their presentation the company also:
Corrected claims about estimated tax revenues of $30 million over the life of the project, after meeting with County Assessor Renae Nielson, NextEra estimated revenues of $6 million.
Asserted that claims of “sterilization” of the ground containing solar panels were unfounded.
Highlighted the estimated 30-year life cycle of solar panels and high recyclability of panel components.
Rio Blanco County Commissioners Doug Overton, Jennifer O’Hearon and Ty Gates heard arguments from landowners and NextEra Solar representatives Tuesday. A decision on the proposal has been extended another 30 days. LUCAS TURNER PHOTOS
>>> In case you’re wondering, here’s what happened with this.
WORK SESSIONS
During work sessions Tuesday, the Rio Blanco County Commissioners discussed options for camera and security system upgrades needed for the Department of Human Services (DHS) to meet state requirements. Also discussed were job descriptions for a county public information officer, changes to the budget and finance director’s position with the upcoming departure from the county of current Director Janae Stansworth, and the possibility of once again seeking grant funding for a county administrator position that could merge various duties.
John Leary with RiversEdge West spoke to the board regarding Russian olive and tamarisk mitigation. Leary said in Rio Blanco County the focus is on the main stem of the White River, with a goal to restore native and desirable riparian vegetation for the benefit of wildlife, recreation, and fire mitigation over a two-year timeline, using $130,000 in grant funding.
Representing the Meeker Classic Sheepdog Championship Trials board, Maym Cunningham and Regas Halandras sought permission to use the county-owned Meeker Streaker during the trials as a shuttle to transport visitors from Ute Park into town and back, as has been done in the past. They also said the aluminum bleachers and the ticket booth used for the trials and multiple other events are in need of repair. The Classic board is planning to reconstruct the ticket booth using their own grant funds, but needs some county help to remove the existing structure from the skid so it can be replaced with “something sturdier.”
Linda Masters, RBC/CSU Extension Agent, updated the commissioners on topics her office is working on. This year’s wetter weather has produced a lot of grass, but also a lot of hidden weeds, some of which are poisonous. “We’ve had some cattle deaths as a result,” Masters said. Together with Weed and Pest Director Jane Turnburke, Masters is creating a fact sheet about poisonous plants in the county. “Most ranchers know, but it’s good to have a reference to keep an eye out for them,” she said.
Other topics include tree health, invasive weeks, the Mormon cricket hatch, the upcoming county fair, and a 27% increase in 4-H enrollment. Fair week begins at the end of July with shooting sports competition and the horse show. Fair books are available around town.
And county commissioners and staff began the first early discussions for the 2024 budget planning season.
BY LUCAS TURNER | [email protected]
