AR25-041 Staff Decision - Laserfiche WebLink

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1. The use will not force a significant change in, or significantly increase the cost of accepted farm or forest practices on surrounding lands devoted to farm or forest use. Land devoted to farm or forest use does not include farm or forest use on lots or parcels upon which a non-farm or non-forest dwelling has been approved and established, in exception areas approved under ORS 197.732, or in an acknowledged urban growth boundary. The proposed use will not force a significant change or increase in costs of any type to accepted farm practices on the subject property or surrounding lands devoted to farming. Harvesting of hazelnuts on the subject parcel can continue as usual, and the proposed WCF will not affect any neighboring parcels. Use of airplanes, helicopters, or drones for the application of substances will not be any different, as the proposed WCF is only 200' away from an existing electrical transmission corridor consisting of steel guyed towers. The criterion is met. d. In addition to the provisions above, the establishment or extension of a sewer system as defined by OAR 660 - 011-0060(1)(f) in an exclusive farm use zone shall be subject to the provisions of OAR 660-011-0060. The proposed WCF is unmanned and does not require water or sewer services. The criterion does not apply. e. The provisions of this subsection do not apply to interstate natural gas pipelines and associated facilities authorized by and subject to regulation by the Federal Energy Regulatory Commission. The proposed WCF is not an interstate natural gas pipeline. The criterion does not apply. f. If the criteria contained in this subsection (I) for siting a utility facility on land zoned for exclusive farm use are met for a utility facility that is a transmission line, the utility provider shall, after the route is approved by the siting authorities and before construction of the transmission line begins, consult the record owner of high-value farmland in the planned route for the purpose of locating and constructing the transmission line in a manner that minimizes the impact on farming operations on high-value farmland. If the record owner does not respond within two weeks after the first documented effort to consult the record owner, the utility provider shall notify the record owner by certified mail of the opportunity to consult. If the record owner does not respond within two weeks after the certified mail is sent, the utility provider has satisfied the provider’s obligation to consult. The requirement to consult under this section is in addition to and not in lieu of any other legally required consultation process. For the purposes of this subsection: i. “Consult” means to make an effort to contact for purpose of notifying the record owner of the opportunity to meet. ii. “Transmission line” means a linear utility facility by which a utility provider transfers the utility product in bulk from a point of origin or generation, or between transfer stations, to the point at which the utility product is transferred to distribution lines for delivery to end users. The proposed project is not a transmission line. The property owner for the proposed project is already aware of the WCF and has signed a long-term lease with the applicant. The criterion does not apply. 7. An associated transmission line shall be considered necessary for public service solely based on the criteria below: a. “Associated transmission line” means a new transmission line constructed to connect an energy facility to the first point of junction of such transmission line or lines with either a power distribution system or an interconnected primary transmission system or both or to the Northwest Power Grid. b. An associated transmission line is necessary for public service if it is demonstrated to meet either subsection (I)(7)(b)(i) or (ii) of this section: i. An applicant demonstrates that the entire route of the associated transmission line meets at least one of the following requirements: (A) The associated transmission line is not located on high-value farmland, as defined in ORS 195.300, or on arable land; (B) The associated transmission line is co-located with an existing transmission line; The proposed project is not a transmission line, but it is located within 200' of an existing transmission line. (C) The associated transmission line parallels an existing transmission line corridor with the minimum separation necessary for safety; or