AR25-015 Staff Decision - Laserfiche WebLink

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4. The applicants are proposing to place a battery energy storage system (BESS) on a 15-acre area of the subject parcel to store electricity. 5. The subject parcel is comprised of approximately 63.5% high value soils. The proposed 15-acre project area is primarily sited upon class 2 Abiqua silty clay loam, class 2 McAlpin silty clay loam, and class 3 Waldo silty clay loam. 6. Various agencies replied for the request for comment regarding the application: Marion County Building Department commented: “No Building Inspection concerns. Structural permit is not required as the energy storage facility is for utility purposes and not subject to the requirements of the 2022 OSSC. Separate electrical permit(s) is required to be obtained prior to development.” Marion County Land Development, Engineering and Permits requested the following be included: ENGINEERING REQUIREMENTS A. At the time of application for building permits an Access Permit will be required. In order to achieve maximum intersection sight distance, the access approach shall be situated as close to directly opposing the driveway serving #5288 Pearson Rd, as feasible, based upon preliminary field observation. B. Stormwater detention may be required upon 0.5-acres or more of development. C. The subject property is within the unincorporated area of Marion County and will be assessed Transportation System Development Charges (SDCs) upon application for building permits. D. Utility work in the public right-of-way, such as electrical Point of Interconnection (POI) serving the facility, requires a separate PW Engineering permit. Marion County Fire District No.1 commented regarding fire code requirements. These can be found in full in the case file. Friends of Marion County provided comments on the proposal and specifically requested denial because a BESS is not a utility facility, is not necessary for public service, is not a commercial power generation facility, and because appropriate conditions have not been developed. The full comments from FOMC can be found in the case file. FOMC also submitted six exhibits: (1) Tax assessor information for Tax Account No. 535412 (2) 2025-2025 Property Tax Account No. 535412, (3) The applicant’s site plan (4) A map of PGE substations located in Marion County, (5) EFSC Meeting May 2. 2025 Agenda Item C Overview of Battery Energy Storage Systems (6) The agenda review form for the June 11, 2025 Marion County Board of Commissioners session to discuss BESS, including a memo with proposed new code language that was subsequently adopted on July 9, 2025 The FOMC exhibits can be found in full in the case file. Oregon Department of Fish and Wildlife commented: “Prior to site development (grading, vegetation management), the applicant should complete grassland bird surveys. Disturbance to nesting grassland birds should be minimized by limiting these actions so that they occur outside of the breeding season (April 1 – July 15).” Santiam Water Control District (SWCD) commented with concerns regarding adverse impacts on water quality from construction stormwater, adverse impacts on water quality from increased impervious surfaces, adverse impacts on water quality due to pollutants from the BESS operation, and adverse impacts on farm use. SWCD explains that the area proposed for the BESS has water rights that will need to be transferred. The property has a water pump that will be oversized for the reduced water right and without modification would dispense an illegal amount of water after the forfeiture of the existing water right. Therefore, SWCD will require an SWCD-approved method of measuring water use on the property. SWCD suggests the following conditions of approval (paraphrased by staff) if the county were to approve the proposal: A. The applicant shall construct on-site stormwater detention facilities sufficient for a 50-year storm event. B. The applicant shall enter into a consent agreement with SWCD. C. The applicant shall provide environmental planning for review by the County and SWCD to ensure that no pollution from the proposed BESS enters the drainage ditch and/or SWCD facilities. D. The landowner shall deed its interest in the SWCD Water back to SWCD. E. The property owner shall amend its SWCD water delivery contract to exclude the 15-acres. F. The property owner shall install an SWCD-approved method of measuring water use on the property. The entire comment submitted by SWCD is included in the case file.