20 March 2019

A Sunday Drive in Cherry County Country

March 20, 2019. Pre-spring visions. Valentine Midland News 47(43): 12.

Beneath a beautiful cloud-free cerulean sky and with warming temperatures, Gordon Warrick and I took a drive amidst a bit of Cherry county country on a pre-spring Sunday the 17th. During our foray, my sharpened pencil was kept busy writing notes. Then later, more time was taken later to derive a suitable geographic designation for a bunch of bird observations.

Across the land southward of Valentine, there was lots of ice but some birds were indifferent because flocks of geese arrived or were flying into local habitats as wintry conditions moderated.

During our drive, we once again focused on the spaces along the Brownlee Road, with a start at the Heart City, down Highway 97 and then beyond to see what wildbirds were present.

A great grey shrike was on a wire at the Mcsky Ranch. Merritt reservoir was nearly 100% ice-covered. Three fishermen from Nebraska county 15 were huddled aside the dam looking at their nearby gear. They gave a hearty wave as we drove quickly past because there were no birds on the ice-covered waters.

In the vicinity of Gordon Creek along Highway 97, waterfowl of the day became especially obvious. There were lots of Canada geese obvious in the meadows as flying above. Most dramatic were eight trumpeter swans at the lowlands. They were waiting for ice-free water where they might establish a home for the pending breeding season.

Near the top of a big meadow tree a pair of bald eagles built upon a seeming balcony – because they reside at a nest of historic renown – were easily seen from the highway, while being attentive to their season’s brood. What were they doing during the so recent blizzard? Hope was no choice for them but it seems they did their work well and the nest survived the blasting winds with blowing snow and frigid cold.

Eventually we reached our Brownlee Road route, a uniquely scenic drive way amidst country with lakes, valleys and high country hills. There were plowed away snow drifts at more than one place.

Another couple of trumpeter swans were seen at Packingham Lake. With the water still ice-covered, we pondered how they might avoid any nightly wanderings of coyotes looking for a meal. They certainly have the right moves to avoid that sort of trouble.

A strutting common pheasant rooster was along the road in Wamaduze Valley (isn’t that a distinct name of historic derivation). Territorial red-winged blackbirds were prevalent at many places and numerous at more than one place. Rough-legged buzzards were obvious. There was even a common pheasant that added some color to the scene.

Many meadow expanses were filled with water topped with ice that will soon melt. These places will be hay meadows later this year.

We two bird-watchers were excited upon seeing two vividly blue birds atop some fence posts in the valley. They were soon identified as mountain bluebirds. Neither of us had seen them for a long time. The last reported record of this species in the county was in 2009 at Merritt Reservoir. That is a historic matter. To actually to see these two birds togetherly active in Cherry county supersedes many things.

A bunch of birds were notably active along the North Loup River in the Brownlee vicinity. Mallards were flying around. Red-winged blackbirds were busy in moving north or selecting a territory for the season. Migratory common mergansers were lingering as the flowing river was a haven.

During our transit of more than 20 miles along the road, there was only one pickup loaded with a big round bale, and then, later, two other vehicles east of Brownlee.

We tried to visit Rat and Beaver Lake WMA but the road was too muddy, rutted and not very suitable for vehicular travel. County ranchers have to deal with this reality every day, but we experienced a single effort and turned around. Ranchers deal with these conditions know much more on how to successfully deal with any travel issues. We gave up since the pending route was so tentative even while 4x4 travel was available. It was a vivid reality associated with country life.

Northward along Highway 83 upon our travel back to the city, and just a relatively short distance south of the Y, a field usually associated with corn, many geese had congregated on ice covered. There will be no plow on this ground for a particular time.

The overall bird tally for the day was 34 species, with raptors (six species including a vivid view of a beautifully colored ferruginous hawk and a singular American kestrel), waterfowl and flocks of red-winged blackbirds being notably prevalent.

It was a quite nice drive that can be appreciated any day. Our Sunday outing was a fine time to look around for the birds of the pending spring. Various landscape features of the hard surface Brownlee Road are a certain treasure of Cherry county. Any time spent along this route is an opportunity to appreciate a special sand hills setting.

12 March 2019

Bull Bash Saturday - Voice From the Sandhills

James E. Ducey. March 1, 2019. Bull Bash Saturday. Babbling Brook 38(3): 5. Newsletter of Wachiska Audubon.

It was another Saturday but one with special significance. One reason was a temperature not as frigid as the previous overnight low of -17o. The sky was a cerulean blue without a single cloud. There was still a chill from a southerly wind.

Juncos were busily feeding on the bird seed outside the front door upon the start of my jaunt into the Heart City. Walking along the drive, both red-breasted and white-breasted nuthatches were heard. The house sparrows were busy in their bit of shrubbery at a corner of the Mill Pond. They always chatter but once a pedestrian gets close, they are very quiet.

On Main Street, the bulls were stolid in pens on what is normally a highway. It was the 18th annual Bull Bash. Some of the finest herd sires were being shown. The Sand Hills have the best cattle and there were Herefords, Angus and others of a similar ilk. There was ag equipment parked for showing. A tent with a well-working heater was a haven.

My first stop was a regular one, providing a warm place to sit while enjoying some good conversation. There was talk about unwelcome industrial wind turbines and how to continue to work to preserve features so special to the county and region. It is always grand to visit with cattlemen and cattle women that are truly so very essential to a grassland which is unique on earth. It is actually quite unexpected to hear ranchers talk about the American burying beetle, endangered whooping crane and an appreciation for dark sky spaces.

After a stop at the grocery store, my walking route once again went along Main Street where the bash activities were actively underway. People were gathered and talking. A young girl was selling Girl Scout cookies. There was a fine quilt display in a main street furniture store. Art was on display in a bank lobby. Miss Rodeo Nebraska and her cohorts were present as the livestock industry was being celebrated.

Another fine visit was to the local bookstore. Author Bryan Jones was autographing his rendition of history associated with the Sand Hills north of the Platte River and south of the Niobrara River. It the first time he’d been in Valentine on a bull-bash day. One more of his book was bought and it had an autograph, because the copy I donated to the library and a couple others given as gifts did not have a scrawl signature.

The one day respite from previous days of bitter winterness was obviously being appreciated outside during an obvious gathering of community of Sandhillers.

Skeins of Canada goose were flying to the southeast just before the noon hour. They were likely heading to the Niobrara River from their feeding grounds.

Bull Bash events continued into the dark hours, but were well beyond my time in the city. It was another day, but special for so many reasons on February 9th.

26 February 2019

Eminent Domain – Nebraska Legislative Bill 155

February 21, 2019. Eminent domain. Grant County News 134(30): 1, 6.

A stalwart Nebraska legislator had a bunch of concerned and supportive sandhillers in his office on February 7th. It was time for a public hearing associated with legislative action to remove the use of eminent domain by public entities to benefit private companies.

The advocate was Sen. Tom Brewer of the 43rd legislative district. More than a dozen sandhillers came driving for hours on a frigid winter day – leaving their ranch – so their voice could be heard.

Before dawn at Valentine upon one particular departure, the temperature was sub-zero. Add in the extent of wind chill and the extreme polar cold was obvious. Our group represented one of several travelers across snow swept land so we could speak to the future of the sandhills.

We went to speak at a public hearing scheduled for the Natural Resources Committee at the Nebraska capitol in Lincoln. Sen. Brewer’s request to the fine senators of this committee was to strike a single sentence from legal statutes “to eliminate provisions relating to eminent domain” as indicated in a state law.

The words are: “The exercise of eminent domain to provide needed transmission lines and related facilities for a privately developed renewable energy generation is a public use.”

The legislation was introduced by Sen. Brewer, as he stated: “Public entities using the power of government against their neighbors so they can make money.”

“It is wrong,” Brewer said. There was then a public hearing. People spoke and the state senators listened and asked fine questions.

Proponents for approval of the LB 155 spoke first, obvious in their opposition to allow a public entity to act for the benefit of private landowners. There were ca. 15 people that presented personal testimony in support. Their words were indicative and convey what sandhills residents have realized and how they want to continue the essential cattle land legacy and other special values.

“Our legacy runs really deep,” said Wayne Eatinger, a fifth generation rancher in southeast Cherry county.

Barbara Welch was so very personable in regard to making sure that landmarks continue to be special places. Her analogy was so poignant that Sen. Hughes, chairman of the committee asked her to share a key tenet that she has adhered to since her days of high school. It was the result of a bunch of mice in a box so many few years ago. She brought many smiles to those present.

Dan Welch then spoke to the heritage of his ranch unit south of Thedford. The r-project would traverse the couple’s ranch property and create a health threat and diminish the value of the rangeland which has been scientifically studied.

“Take away our property rights and you take away our dignity,” Mr. Welch said. ”NPPD has been using eminent domain as a big stick over our heads for four years.”

Mr. Welch is an outspoken advocate for private property rights and this was obvious during his more than five minute testimony on Thursday.

Barb and Dan Welch presented a late December letter that arrived in their mail-box. It was an indication from NPPD that they would use eminent domain and all of its legal conundrums to condemn Welch ranchland to construct an industrial powerline across his range for heritage cattle.

“If you do not truly own your property, you are property,” said Brett Steffen of Thedford. The proposed r-project would traverse his property south of Thedford.

Sam Sampson, of Lincoln, conveyed his personal advocacy again wind turbines based upon his appreciation of a haven for hunters and outdoor enthusiasts at Brewster. “We need to protect some of us from the tyranny of others,” he said while wearing his best suit to speak his heart-felt words to the legislators.

Dean Smith from Antelope county – a newly elected county commissioner – was supportive as he referred to the nearly 300 industrial wind turbines in the county, with more being considered. His comments indicated the negative impacts during turbine project construction.

A significant presentation was a map graphic of Cherry county that indicates the extent of land-owners opposed to wind turbines. This document of record indicated the situation to each member of the Natural Resources Committee. The extent of opposition as obvious with the color red. The presentation provided an opportunity to convey other details associated with industrial wind turbines and necessary powerlines, based upon the currently known situation in Cherry county.

Some minutes beyond the five minutes allotted was provided to speak to what is being done within Cherry county. There were questions regarding the current county commissioners. Industrial wind turbines could not be placed on lands enrolled within the for-wind land owners because their surrounding neighbors do not want industrial wind turbines on their property. This is probably the case with industrial transmission lines. There were words said in regard to the request by Wayne Eatinger to ban industrial wind turbines within the county. It was also an opportunity to discuss the importance of state-level legislation as well as actions being done by the Bureau of Educational Lands and Funds.

A detail oriented cost-analysis evaluation was provided by Douglas P. Nelson, from Wayne. The economics for establishing a wind turbine project meant a loss due to the reality of costs.

“Take care of residents first,” said Amy Ballagh, a ranch-wife from the eastern hills and a long-time opponent to the r-project. There should be no eminent domain for private gain, she said.

Dave Hutchison, operator of a bison ranch near Rose, conveyed a common theme that the r-project would threaten whooping cranes and diminish the value of visitors to the region. He provided handouts with details.

Other names associated with comments included Mike Young, Marjorie Manning Warren and Ann Manning-Warren.

The opponents to this bill wore suits and represented some group, and were paid representatives of some groups with an obvious agenda, including the Advance Power Alliance, the Center for Rural Affairs and the Nebraska Farmers Union. They talked extensively, yet when asked a particular question the answers were lacking. Supposed economic development was a primary reason to not change the current legislation.

There was no utility company or industrial wind turbine developer present at the hearing.

Sen. Brewer ended the public hearing with his passionate comments. His concern for the sandhills and its people was blatantly obvious as he has actively been working to continue appreciated values. His staff worked with the landowner map to enhance it in relation to the proposed r-project corridor.

Sen. Brewer has selected this legislative action to be his priority bill, as he and his staff, including legislative aide Tony Baker continue to strongly work for residents of the 43rd district.

“What gives developer the right to impact neighbors,” he said. There is “smoke and mirrors by big wind.”

The efforts of many meant significant words were given to support Senator Brewer’s request to revise state legislation.

This day of action started in the dark during a realized 4o upon departure a few minutes after 6 a.m. at Valentine. Cold was everywhere during the day hours during the travel time when ranch employees stayed at the ranch to do chores and take care of the stock.

Finally after a long drive and getting back to the home place the temperature – including an excessively abhorrent wind chill – was at least -8o upon returning to Cherry county and the heart city so many hours later during one day.

08 February 2019

Annual Banquet Held by Ducks Unlimited

The annual banquet of the Sandhills Chapter of Ducks Unlimited was a resounding success as community residents and their families gathered to support the conservation of waterfowl and their habitats.

Attendees ranged in age from infants to elders. Adults conversed while kids ran around having fun. Some participated in games – including “Duck-O bingo”  – when many smiles were obvious. The winner of “Last Duck Standing” certainly had a special day as he not only won, but he won on his birthday. The crowd gave him a rendition of the Happy Birthday song. There were raffles of many waterfowl-related items donated by businesses.

Some youngsters spent time at the Greenwing Raffle, a youth-oriented booth. One tyke present had a tiny, plastic, yellow duck held close as his expression of waterfowl. A couple of young girls with their raffle tickets all ready, bantered about ice-fishing with their dad at the Valentine lake district.

Jake Ohlmann, chair of the local chapter, was pleased with the outcome of the banquet. He was busy helping at the “Mug of Tickets” table while noticing the fine bunch of people present and appreciating the many contributors.

“There are a lot of generous people in the community,” said Ohlmann, appreciative of every donation since each of them were helpful in raising fund for waterfowl conservation. Volunteers were “essential” and helped make the banquet a success as they also do for other group projects.

“I really enjoy kids being involved,” said Ohlmann. The banquet, as well as other outreach programs are “a chance to teach them about wildfowl hunting and conservation.” Adding that DU projects conserve “resources for generations to come.” He especially appreciates the dedication of long-time members in the organization.

There were a few people at the banquet that became new members.

Funds raised at the banquet will contribute to DU projects throughout the nation.

There is a nationally significant DU and U.S. Fish and Wildlife Service project currently underway at Valentine NWR, said JuanCarlos Giese, manager of Valentine National Wildlife Refuge and DU member.

Carp barriers and berms will be placed to manage wetland conditions and prohibit fish access at Sweetwater Lake, 21 Lake, Center Lake, Homestead Lake, Cow Lake, Little Hay Lake, Calf Camp Marsh (where a structure was placed in 2018) and Pony Lake, said Giese. Most of these places are east of Highway 83.

Once the “construction” phase of the project is completed, these sites will be treated to remove fish – notably invasive carp – from the lakes and wetlands. These shallow lakes and ponds will be managed for migratory birds and other wildlife, so no sport fish will be introduced into these wetlands.

About 900 acres wetlands will be restored, said Giese.

This “on the ground project will provide benefits to waterfowl and many others sorts of wildlife” as well as wetland flora. Some nongame birds that will benefit include many wildbird species, including the trumpeter swan, pied-billed grebe and marsh wren, for example. Amphibians are also expected to flourish amidst the rejuvenated wetland flora, Giese said.

Environmental improvements associated with natural land features will “attract the community and visitors to appreciate the refuge resources. It is very exciting to be involved with these landscape basis projects,” Giese said, noting the significance of being able to “work with the community and partners for the benefit of current and future generations.”

Work will be initiated once Section 404 permits are received in coming weeks from the Army Corps of Engineers, Giese said.

The FWS will continue to monitor results in order to evaluate success of the project, he said.
DU and FWS are the primary project partners. Essential funding has been provided by the Nebraska Environmental Trust and the North American Wetland Conservation Act. Also involved are the Nebraska Game and Parks Commission as well as the volunteer member-based Sandhill Prairie Refuge Association.

This project is ancillary to the lake restoration projects underway by the NGPC and FWS to remove carp and improve the fisheries at several prominent lakes of the refuge, west of Highway 83.

Two historic projects DU has been involved with in Cherry County include the Lord Lake project at the McKelvie Division of the Nebraska National Forest where water control structures and tree removal occurred, said DU member Mark Lindvall. Elsewhere, water control structures were added and a dike was rebuilt at Calf Camp Valley marsh, Valentine NWR.

Lindvall, of Valentine, has been a DU member for more than 20 years. The group “is a good conservation organization that puts projects on the ground,” he said. The local chapter was active in 1985 when he arrived to work at Valentine NWR. “I enjoy watching waterfowl in the spring a hunt in the fall which might be a time to just watch fowl in flight,” he said. “With wetland conservation projects there are more ducks and geese” for everyone to enjoy.

About 150 people attended the annual banquet held February 2nd at the 4-H building at the Cherry County fairgrounds, including Bill Stroup who started the local chapter years ago. The Sandhills chapter has about 100 members, Ohlmann said.

Any wildbird enthusiast with an interest in wetland conservation is welcome to join Ducks Unlimited, which has been active in Nebraska for many decades.

31 January 2019

Cedar Waxwings and Robins Show up in Valentine Rather Hungry

January 30, 2019. Cedar waxwings and robins show up in Valentine rather hungry. Valentine Midland News 47(30): 12.

Some most colorful, fine wildbirds have continued their residence about Valentine during the past weeks. Somewhat smaller and less robust than a robin, they have a plumage quite distinct plumage and a distinctive voice. These bits of avian life are cedar waxwings garbed with vivid feather colors including a black-eye mask suitable for any mystery ball and a yellowish belly as fine as any fancy vest. Their plumage expression includes a bright yellow color tip their tail which is so indicatively fine. Though no hats are required anywhere in the natural realm, their crown feathers lift for some time when they indicate a natural expression.

Varying numbers can be seen within Valentine or local natural lands. The groups trill can be very obvious as expressed from some tree where they are busily feeding on buds or by flocks in flight as a bunch flies just above the arboreal realm. And yes, they do appreciate cedar berries. Numbers have varied from 3 to nearly 20 based upon count details. A bunch of about two dozen was seen on January 28, at the North Lake Shore Hills.

Another significant occurrence of past weeks has been a few rusty blackbirds with mottled winter-time plumage expressively different from the well-known red-winged blackbirds of the summer season. Four arrived in late November and two have continued to linger. They are regularly appreciative of the bird seed buffet. This tenure is the longest extent of regular occurrence for the northern-central Sand Hills. They have been seen on one day or another in the past, including an initial report for October 31, 1919 at the Fort Niobrara Game Preserve. It was more than 75 years later until the next observation became available in the ornithological chronicles.

An exciting observation happened on January 25th when a Northern Mockingbird was well seen at the confluence of Minnechaduza Creek and the Niobrara River. Gordon Warrick was able to get a picture to document its occurrence during his hike-around. This is a first known winter sighting in this vicinity, based upon an evaluation of details dating back more than a century. Usually they visit the valley in later spring, like in mid-May and linger through July! This was a great sighting and to have a report and picture is significant. Obviously they weren’t here for any balmy weather because typical winter range is a bunch of miles beyond Nebraska towards the southerly extent of the Great Plains in Kansas or Oklahoma.

While outdoor these days, there is nearly always a sound of wild birds to hear. There may a moment or two to look into a shrub at a busy bird or upon the birdly expressions beneath the vivid blues, grays and white of the sky. Listen for the call of black-capped chickadees with their chick-a-dee-dee expression, they also have a two note expression that is their means of saying hello from woods where nuthatches also call while jumping around on the bark of so many trees.

Many thousands of American robins have very recently been flighty across the north hills. While estimating numbers associated with multiple flocks, three morning tallies were approximately 1500, which is a whole lot of bird life going into town or elsewhere to feed on tree buds or cedar berries or something at one or another suitable robin space. Because of the repeated occurrence, the flocks had to have returned to an overnight roost amidst the pines and cedars of the Cherry county country land.

Don’t miss the regular winter residents. Trumpeter swans linger on the river, with other fine species of waterfowl. There are the antics of the mergansers. Hundreds of Canada geese traverse the sky daily in loose skeins while being an indicative song of the wild. Any flock might include a diminutive cackling goose with their individual voice.

A fine extent of Eurasian collared doves seen daily act similar to bobble-heads – pecking up and down in a regular motion - as they feed on ground-spread seed. Dark-eyed juncos skitter about nearby as a bunch of them appreciate a place where they do not have to scratch through snow to feed on ample bird seed.

These wildbirds are among the typical 30 species that have occurred in recent years during January at Valentine were there are havens present as snow, cold, wind and dreary gray skies prevail along with the other ever-changing expressions of winter-time.

Our feathered friend always appreciate something to eat, especially when snow covers the ground and single-digit temperatures predominate.

Bird watching is a great pastime that anyone can freely enjoy. What might be your appreciative sighting today?



26 January 2019

Wind Turbine Regulations Approved by Planning and Zoning Board at Valentine Meeting

January 24, 2019. Wind turbine regulations approved by Planning and Zoning Board at Valentine meeting. Grant County News 134(26): 1, 4, 7.

Requests to ban industrial wind turbines in Cherry County and to reclassify massive wind turbine structure as industrial from their current commercial/utility classification in applicable regulations were approved by the members of the Planning and Zoning board at their meeting on January 15th at Valentine.

A public comment period allowed further details to be given for the requests by Messrs. Wayne Eatinger and William Weller.

Eatinger was the first to speak while presenting a map graphic that showed the potential impact that wind turbine developments could have upon the Cherry County landscape. Circles with a diameter of 24 miles were centered on land spaces where turbine developments might occur because the land owners are associated with legally filed easements. The vast majority of the county was within one circle or another. Especially indicative were the four circles originating on the periphery of the McKelvie Division, Nebraska National Forest. There would be one place or another within this grassland and forest plantings expanse – with some of the best dark skies of the central Great Plains – where 600 foot-tall wind turbines could always be seen from a prominent vantage.

The 12-mile radius represented by the map was a conservative estimation. This distance is now known to be inadequate. A tall wind turbine 15 miles away can be readily seen from the right point of view. One turbine west of Valentine can be seen from near Kilgore, a distance of 24 miles, according to west Kilgore resident Carolyn Semin.

There are apparently plans to revise this map to indicate a distance of 15 miles.

The next map graphic was personally presented. It had a title of “Map Graphic Indicating Property Owner Perspectives Regarding Placement of Industrial Wind Turbines Within Cherry County” based upon individual considerations a vast amount of land parcels.

This evaluation indicated what is known for vast swaths of the county. Thanks to Brock Moreland and Rick Weber for their help in getting the map steadily placed on an easel so the P&Z board could get a suitable view.

These are the indicative color-codes on the map graphic, and they are indicative, as derived from known facts:

  • Red: property owners opposed to industrial wind turbines. Derived from comments at public hearings, public records and most recently, direct personal communications (i.e., phone calls and conversations) as a result of ongoing efforts by many concerned residents that want a range and ranch land setting. Red is the most prominent color on the map graphic, readily indicating the expansive opposition by ranch families, individuals, ranch corporations, and others to industrial wind turbines. Many neighbors stand together in their solidarity of opposition to industrial wind turbine development in Cherry County country. Nearly every proposed wind turbine locality is surrounded by red because the neighbors do not want any turbines among the hills.

    A multitude of parcels for owners of some of the largest tracts of land in the county are included in this category.
    Green: public property including Valentine NWR and Fort Niobrara NWR, Niobrara Valley Preserve owned by The Nature Conservancy, wildlife management areas owned by the Nebraska Game and Parks Commission, Nebraska National Forest - McKelvie Division, Niobrara National Scenic River, Bowring Ranch State Historical Park. There are also sites where conservation easements conserve the range land setting (i.e., Vanderploeg place along the Niobrara River south of Valentine, Horse Creek Ranch, and Jumbo and Pullman Valley Fen, etc.). There are also a few USA owned tracts where turbines could not be placed on these small, publicly owned and isolated land parcels. Some of these parcels are managed as part of Valentine NWR.

  • Yellow: spaces where turbines could or would not be placed based upon location or public sentiment. There will be no industrial wind turbine facilities placed within Valentine, nor amidst any housing tracts or local to Miller Airport. There will be no industrial wind turbines placed within county villages. There are also land tracts where a land-owner has not indicated whether they are for or against wind turbines but will not have wind turbines on their property. This coloration also includes a few sections owned by the State of Nebraska, without a BELF ownership designation, and where the citizens of Nebraska need to be able to voice their opinion on any and all drastic land management decisions.
  • Brown: enrolled members of Cherry County Wind LLC or people that have expressed support for wind turbines being placed upon their property. The extent of land enrolled by “forwindees” is readily available in Cherry county public records.
  • Black: isolated parcels where the Board of Educational Lands and Funds colluded with Cherry County Wind LLC to enroll publicly-owned parcels for involvement in potential wind-turbine development. There was no public involvement in any decision by the agency board. There had to have been some collusion as the parcels indicated by county records of agreement match so well with associated private property included for potential, future industrial wind turbine development.

  • Purple: land owned by R.E. “Ted” Turner and former state senator Al Davis. Both have been involved in efforts to promote wind turbines but have not indicated whether they would allow turbines on their property. Turner has replied to inquiries on whether industrial wind turbines would be placed on any of the Sandhills Ranch Properties in Cherry, Sheridan and Garden counties. There has been no definitive answer provided.
  • Blue: wetlands including so many special lakes, including at Valentine NWR where millions of dollars are being spent to improve the quality of the waters for subsequent values for people fishing and bird-watching. There are also prominent sections of rivers where industrial wind turbines will never be built.
  • White: representing property owners that are neutral in regards to the placement of industrial wind turbines or land-owners whose view is not yet known. There are multiple blank parcels included in this category because they are owned by members of the planning board as well as a county commissioner or two.

Efforts will continue to determine landowner positions and further convey perspectives on the map graphic until the day when the commissioners have their required public hearing.

During the meeting, several people vividly expressed their views. Others were present to convey their support for the two amendments.

There is “overwhelming support for not having wind turbines in Cherry County,” said Craig Andresen of Wood Lake.

Mr. Rick Weber indicated that the people he deals with in his real estate business want to come to the sandhills because of the great grass resources and since it is such a unique place. The “wind turbine gold rush is over,” he said.

When William “Billy” Weller stood and spoke in support of his amendment request, his poignant point was that current residents are “stewards of our heirs.” His request is another piece of the puzzle that fits together in the discussion regarding wind turbines, and received great support.

From the Brownlee village country, there came additional voices.

“There is a lot of wisdom in both amendments,” said Craig Miles, while he came to town from his legacy ranch way to the south of the Heart City. He has spoken to again and again and once more in opposition to wind turbines. On the 15th he expressed the importance of dialog and the value of listening.

Barb Welch of the Brush Creek Ranch with its north unit west of Brownlee added other indicative comments. “There is a time and place for everything,” she said. “Stop and think of what you are doing,” she said while continuing to speak to the Planning and Zoning Board. There are important places where there should not be industrial wind turbines. She conveyed once again the views from a woman against wind, that no one wants wind turbines to be seen from Mount Rushmore and other important national monuments citizens know to be are important. “Don’t put turbines in a place we treasure,” while she spoke about the Great American Sandhills.

Gary and Glenda Phipps residing in the north Whitman country also drove a bunch of miles to be present. Wind turbines are a “little bit of money for some people,” he said.

When Bob Stetter stood to speak, there was complete silence in respect as there had been throughout the public comment period. Bob got his notes together and then expressed a local radio station comment spoken on the local radio station: “welcome to paradise.” “Keep the sandhills a paradise,” Stetter said in agreement, adding other expressions indicating that industrial wind turbines should be kept out of the Sand Hills.

A complete slate of P&Z board members was not present on the 15th. At least newly appointed member Duane Kime was there. The newly appointed woman from the Cody was not seen anywhere near the Valentine meeting room. She was appointed and could not even attend the first meeting of her tenure.

About 50 people attended the meeting and when the crowd was asked to stand if they supported the two amendments, everyone stood. This included stalwarts that have once and again stood with their neighbors in opposing wind, including personal time, travelling to pertinent meetings, doing research and otherwise being involved in the process for the past few years. They included these neighbors, as representative: Semin, Weber, Moreland, Welch, MacLeod, Trimble, Witt, Young, Wolfenden, McCormick, Rhoades, Mundorf, Gallinol, Warren and Hanna, et al.

Both amendments will henceforth by submitted to the county commissioners. A public hearing will then be scheduled. The three commissioners will then decide on whether these amendments would be enacted, and thus the fate of Cherry County in regards to industrial wind turbines.

23 January 2019

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

William Weller. July 19, 2018. Request filed to classify wind turbines as an industrial feature in Cherry County. Document filed at county zoning office.

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 wassubmitted 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.