Request Filed to Classify Wind Turbines as an Industrial Feature in Cherry County

A request to amend the Cherry County, Nebraska, zoning regulations was filed July 19, 2018 to revise the designation associated with wind turbines. The request was to change the regulations so wind turbines are an industrial feature, rather than the currently classification as “commercial/utility”. An additional request was to have industrial wind turbines specifically indicated as an industrial use as referenced by section 303 of the county regulations.

The request was filed by Cherry County landowner William R. Weller – whose property adjoins many parcels owned by a land-owner who has signed an agreement to allow wind turbine placement on their property. Mr. Weller also paid the $50 filing fee early in the morning on July 19 at the county offices. A two-page attachment was included in the filing, indicating where changes in the regulatory text were being requested, mostly associated with section 613 of the zoning regulations.

When the was submitted to the county zoning administrator, a request was made that the item be placed on the agenda for the August 7th Planning and Zoning Board meeting to indicate a specific date and time for a public hearing and an active public consideration of this proposal.

This is the request filed with the zoning administrator by Mr. Weller.

Request for Revisions to the Cherry County Zoning Regulations

July 19, 2018; changes are indicated by bold text. This online document has been slightly changed for formatting purposes, but there were no substantive changes in content.

303.42 INDUSTRIAL USE: Of, relating to, concerning, or arising from the assembling, fabrication, finishing, manufacturing, packaging, or processing of goods, or mineral extraction.

Revise to:

303.42 INDUSTRIAL USE: Of, relating to, concerning, or arising from the assembling, fabrication, finishing, manufacturing, packaging, or processing of goods, mineral extraction or any WECS with a wind turbine(s) height above ground exceeding 100 feet.

SECTION 613 WIND ENERGY CONVERSION FACILITIES

613.03 Commercial/Utility Grade Wind Energy Systems

Revise to: 613.03 Industrial Grade Wind Energy Systems

Purpose: It is the purpose of this regulation to promote the safe, effective and efficient use of commercial/utility grade wind energy systems within Cherry County.

Revise to:

It is the purpose of this regulation to promote the safe, effective and efficient use of industrial grade wind energy systems within Cherry County.

Definitions

2. Commercial/Utility WECS shall mean a wind energy conversion system of equal to or greater than 100 kilowatts in total name plate generating capacity.

Revise to:

2. Industrial WECS shall mean a wind energy conversion system of equal to or greater than 100 kilowatts in total name plate generating capacity.

Requirements

Commercial/Utility Grade wind energy systems shall be permitted as a Conditional Use within any district where...

Revise to:

Industrial Grade wind energy systems shall be permitted as a Conditional Use within any district where...

Table on Setbacks; column title

WE-CS Wind Turbine Commercial/Utility WECS

Revise to: Wind Turbine Industrial WECS

Special Safety and Design Standards

All towers shall adhere to the following safety and design standards:

Section 1. The Commercial/Utility WECS owner(s) and/or operator(s) shall conduct an analysis on potential shadow flicker at any occupied...

Revise to:

The industrial WECS owner(s) and/or operator(s) shall conduct an analysis on potential shadow flicker at any occupied...

Section 3. All Commercial/Utility WECS shall have a sign or signs posted on the tower, transformer and substation

Revise to:

3. All industrial WECS shall have a sign or signs posted on the tower, transformer and substation...

4. All wind turbines, which are a part of a commercial/utility WECS, shall be installed with a tubular, monopole type tower.

Revise to:

All wind turbines, which are a part of an industrial WECS, shall be installed with a tubular, monopole type tower.

6. Color and finish:

All wind turbines and towers that are part of a commercial/utility WECS shall be white, grey, or another non-obtrusive color. Blade finishes shall be matte or non-reflective.

Revise to:

6. Color and finish:

All wind turbines and towers that are part of an industrial WECS shall be white, grey, or another non-obtrusive color. Blade finishes shall be matte or non-reflective.

12. ... each Commercial/Utility WECS shall have a Decommissioning plan...

Revise to: 12. ... each industrial WECS shall have a Decommissioning plan...

13. Noise:

No Commercial/Utility WECS shall exceed 50 dBA at the nearest structure occupied by humans.

Exception: a Commercial/Utility WECS may exceed 50 dBA during periods of severe weather as defined by the US Weather Service.

Revise to:

No industrial WECS shall exceed 50 dBA at the nearest structure occupied by humans.

Exception: an industrial WECS may exceed 50 dBA during periods of severe weather as defined by the US Weather Service.

Resource Agency Destroys Grassland Vegetation

The Middle Niobrara Natural Resources District recently destroyed wildland vegetation at the Valentine Mill Pond in order to comply with a recommendation from the Nebraska Department of Natural Resources.

A unique area of warm-season grasses, forbs and other plant species growing in a small tract northeast of the mill pond was intentionally mown as it is the emergency spillway for the mill pond. Not included in the discussion is the well established drain which can be opened to facilitate removal of water from the pond.

An inquiry at the MNNRD office indicated that the mowing was done because of a “recommendation” by DNR. Staff were indifferent to the distinction of a recommendation to a requirement.

Results of the mowing – which is the first time the site has been mown in the past few years – was more than dismal. Results are indicative:

1. Vegetation was sheared to a minimal height and in some instances was cut so low that bare ground was apparent.

2. Ruts were left where the mowing occurred in lowland while there were moist-soil conditions.

3. Several clumps of cut vegetation were left behind which could result in further degradation of vegetation due to a “smothering” effect of the piles.

4. Mowing was done during a time of the year when wildbirds were breeding in the immediate vicinity, including a resident Common Yellowthroat.

5. Areas were mown which had a ground elevation above what could be considered as being within the required spillway.

MNNRD officials took no responsibility for these results, instead agency staff said that the “recommended” mowing had to be done. There is a big difference between recommended and required. NRD staff did not want to consider this distinction.

An inspection by DNR staff occurred on March 28, 2018 according to a document provided by the state agency. One “deficiency requiring attention” was trees on a downstream slope. The two state of Nebraska employees must have been inattentive as this tract of vegetation did not have any tree or shrub growth. This is a place observed daily during the past three years and where there was no such growth. The NRD responded with an eventual mowing, once when there was an equipment breakdown and then a second time when the greatest extent of grassland vegetation was destroyed.

Following the second mowing in July, an email exchange occurred with DNR staff. Initially, there was an information exchange, but after indicating a short list that might help to protect vegetation values while still meeting the necessity for dam safety, the person at DNR cut off the communication by a terse comment that the NRD can cut the vegetation weekly if they want. This was their indicative response to establishing parameters that could protect a bit of a natural vegetation space.

When asked – via email by a DNR employee – what might be done to protect the natural values associated with the spillway area, my points were:

1. Mowing should not occur every year as biannual mowing would be sufficient

2. Do not mow to an extent that “scalping” of the vegetation occurs and nearly bare areas are a result; there should be approximately six inches of remaining vegetative height

3. Indicate the extent of emergency spillway area that would need to be mown so that natural vegetation on portions of the site could thrive without disturbance

4. Do not mow during the bird breeding season, or approximately April 15 to August 15

5. Consult with an authority on warm-season vegetation so that mowing would occur at a time that would be beneficial to the continuing vitality of this little bit of natural plants and which is a unique feature of the mill pond public space

6. These items should be established by a signed memorandum of agreement to ensure that the NRD and DNR agree on how the grassy space would be managed

Numerous pictures have been personally taken at what has been a quite fine growth of summer plants, including different sorts of warm-season grasses. There is nothing better than a view of “turkey-foot” or Big Bluestem as seen against a western sky. Indian Grass has also been indicative, as well as Switch-grass. Species of various special pollinator insects have appreciated the variety of special forbs including milkweed. There was common mullein they appreciated. Habitat was removed with particular intent.

A bit of natural space at the Mill Pond – known as Lake Minnechaduza in 1919 – has been important to many sorts of wildness that anyone could enjoy every day. It is deplorable that government officials whose job is conservation, do exactly the opposite in failing to conserve unique resources and where there is relatively barren ground instead of lush vegetation.

The final communication with the DNR was an email of indifference and a pathetic statement that the NRD could mow the tract every week if they wanted to. Whatever was to occur was something that the agency did not care about, as they were only responsible for the safety of the dam. This statement was made despite the inspection report having trees as an item specifically considered among the “downstream slope” section of the dam inspection checklist.

Something could have been done to reach an equitable solution, but instead state bureaucrats decided to do nothing for the vegetative resource and unique public setting. The Nebraska Department of Natural Resources indicates requirements yet takes no responsibility for the results.

In the case at the Valentine Mill Pond, a unique resource is ravaged with apparent indifference by the NRD because of the DNR.

June Birds at Valentine, Nebraska

There was nothing especially different associated with the occurrence of wildbirds in the immediate vicinity of Valentine, Neb. during June except that it was another exceptionally special month as resident species were busy breeding and raising young. Bird song started every day at 5:30 a.m. and continued to some extent throughout the day until the sun set. Juveniles of some species becoming very obvious towards the end of the month.

Some notable items are:

• Wild Turkey: numbers varied day-to-day but at least one arrived each morning to peck and eat. A regular visitor was a hen, given the name Mabel, who brought her friends of the flock to gobble up the sunflower seeds.
  
• Turkey Vulture: numbers of these aerialists are enjoyed daily as they float above the North Lake Shore Hills and Clarkson Hill.
  
• Mourning Dove: adult incubating a recently built nest at the end of the month.
  
• Great Horned Owl: prevalently heard during early months of this year but very rarely heard or seen during late-spring and the first of summer month arrived.
  
• Cedar Waxwing: two died upon hitting the glass of patio doors of a north Valentine residence; one died immediately and the other shortly later. This is a local indication that a glass expanse is always a danger anywhere. At my residence, birds repeatedly hit the big north window, but none have been found to have met their demise during strikes that occur regularly with Dark-eyed Junco during the winter season.
  
• Common Nighthawk: certainly more prevalent than indicated, but there are no evening birding outings personally done.
  
• Purple Martin: nesting at the house at Wacky West RV Park and also at one along the 500 block of north Ray Street. At both locales, the martins have to fight House Sparrows for a nesting berth. A house at the northeast corner of 6th and Valentine was not occupied.
  
• Swallows: American Cliff Swallow nest at the Valentine Mill Pond, both at the west end on the Highway 83 bridge and then at the mill pond dam, and then down-stream at a concrete relict along Minnechaduza Creek, below the fishery. Northern Rough-winged Swallow occur daily but their nesting place will continue to be a mystery this year. Surprisingly rare is the Barn Swallow, which was only seen once along the Cowboy Trail near the livestock market. There are a multitude of other places where nest could be built, but apparently are not something suitable to the species.
  
• House Wren: a pair busy all month at their appreciated shelter in a pipe that is part of the structure of the hay shed.
  
• Common Grackle: numerous at the seed buffet and with numerous squawking juveniles, getting fed by their parents when the food source was literally at their feet; one juvenile that apparently got disconnected from its parents was very tolerant of any human presence as it could be approached within about three feet before taking flight. My name for it was Mo.
  
• Red-winged Blackbird: numerous individuals appreciating the seed; near the end of the month, a male with a broken leg was obvious as it did not stand on its remaining leg but instead ate while crouching on the porch rail. It was seen on only one day while it strived to survive despite its injury.
  
• Black-headed Grosbeak: the birds that took up residence about the eastern end of the Valentine Mill Pond and northward at the Water Tanks Tract continued to occur and that was notably different from the dearth of observations in the most recent previous years.
  

Prominent birds at my seed buffet include the Wild Turkey (especially a hen that visits daily and is almost deserving of personal birdly recognition; some of this birds realize food is available, they run to the place where they forage vivaciously outside the front door and even on the porch), bunches of Common Grackle of various ages, Red-winged Blackbird including busy females and Brown-headed Cowbird. Fewer numbers of Mourning Dove and Eurasian Collared Dove, along with Chipping Sparrow and Lark Sparrow occur. A Northern Cardinal visits occasionally. These species start eating starting at sunrise, then throughout the day and until sunset so there is a whole lot of bird activity daily. Notably appreciated are the sparrows. Add in the mammals White-tailed Deer, raccoon, White-tailed Rabbit and Fox-tailed Squirrel. All of these critters eat for free whenever they want! The seed mix disappears quite quickly since there is no accounting office where the feed bill should be sent!

Notably missing in the tally was any sighting of a Bald Eagle or any indication of the Belted Kingfisher which was certainly a breeding season resident somewhere in the area. Within the Heart City, Rock Dove are more prevalent than records convey. More effort should have been given to surveys at the Valentine City Park and Government Canyon where Red-headed Woodpecker have been known to prevail.

These are the 61 species noted:

June Birds at Valentine

Proper Name        Julian Date =	155	158	163	172	173	180
Canada Goose	11	--	--	16	--	14
Wild Turkey	10	2	16	6	10	4
Great Blue Heron	1	--	1	2	--	--
Turkey Vulture	10	--	21	11	--	17
Cooper's Hawk	--	1	--	--	--	--
Red-tailed Hawk	--	--	1	2	--	--
Killdeer	--	--	1	--	1	1
Rock Dove	5	--	5	--	--	--
Eurasian Collared Dove	5	--	10	8	--	7
Mourning Dove	7	4	8	7	--	6
Yellow-billed Cuckoo	1	--	1	--	--	--
Common Nighthawk	1	--	--	--	--	--
Chimney Swift	8	--	7	6	--	6
Belted Kingfisher	1	--	--	--	--	--
Red-headed Woodpecker	1	--	1	--	--	--
Downy Woodpecker	1	--	1	3	--	1
Hairy Woodpecker	1	--	--	--	--	--
Northern Flicker	1	--	1	1	--	1
American Kestrel	1	--	--	--	--	--
Eastern Phoebe	--	--	1	--	--	1
Eastern Wood Pewee	1	--	1	--	--	--
Western Kingbird	7	--	7	5	--	6
Eastern Kingbird	4	1	2	1	--	1
Great Crested Flycatcher	5	--	4	4	--	4
Bell's Vireo	1	--	1	--	--	--
Warbling Vireo	--	--	1	--	--	--
Red-eyed Vireo	2	--	1	2	--	1
Blue Jay	3	--	--	--	--	1
American Crow	2	--	1	2	--	--
Cedar Waxwing	5	--	3	6	2	5
Black-capped Chickadee	2	--	--	2	--	2
Purple Martin	--	--	6	--	--	14
Northern Rough-winged Swallow	5	--	8	6	--	6
Barn Swallow	--	--	1	--	--	--
American Cliff Swallow	15	--	30	25	--	35
House Wren	8	3	12	6	--	10
White-breasted Nuthatch	1	--	2	1	--	1
Grey Catbird	1	1	1	1	1	1
Brown Thrasher	1	1	1	--	1	1
Common Starling	2	--	2	--	--	2
Eastern Bluebird	4	1	1	--	3	--
American Robin	14	1	27	23	--	30
House Sparrow	--	--	10	--	--	10
House Finch	3	2	4	5	--	5
American Goldfinch	3	2	3	2	--	3
Common Yellowthroat	2	--	2	2	--	2
American Redstart	2	--	--	--	--	--
American Yellow Warbler	2	--	1	2	--	1
Western Meadowlark	2	--	--	--	--	--
Baltimore Oriole	1	--	2	4	--	2
Orchard Oriole	1	1	--	3	--	1
Red-winged Blackbird	--	10	25	25	--	30
Brown-headed Cowbird	10	--	12	12	--	10
Common Grackle	12	--	32	30	30	30
Chipping Sparrow	5	2	10	7	--	7
Field Sparrow	1	--	1	1	--	1
Lark Sparrow	4	4	4	4	--	6
Spotted Towhee	1	--	1	1	--	1
Black-headed Grosbeak	--	--	1	1	--	1
Northern Cardinal	1	1	1	1	--	1
Indigo Bunting	1	--	1	--	1	--

The tally in 2017 was 53 species from four dates of records; and then 66 species from five dates in 2016. The combined total is 74 species.