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EL18-046 - In the Matter of the Application of Dakota Range III, LLC for a Permit of a Wind Energy Facility and a 345-kV Transmission Line in Grant and Roberts Counties
Date Filed: 10/26/18 ♦ Intervention Date: 12/26/18 ♦
Date of Notice of Filing: 11/01/18 ♦ Docket Closed: 02/22/19
Docket Reopened: 09/09/19 ♦ Docket Reclosed: 11/09/23
Date of Notice of Filing: 11/01/18 ♦ Docket Closed: 02/22/19
Docket Reopened: 09/09/19 ♦ Docket Reclosed: 11/09/23
Agendas:
November 15, 2018, Agenda of Commission Meeting
December 28, 2018, Agenda of Commission Meeting
February 15, 2019, Agenda of Commission Meeting
September 17, 2019,
Agenda of Commission Meeting
February 18, 2020, Agenda of Commission Meeting
January 19, 2021, Agenda of Commission Meeting
April 13, 2023, Agenda of Commission Meeting
Minutes:
Minutes of November 15, 2018 Commission Meeting
Minutes of December 28, 2018 Commission Meeting
Minutes of February 15, 2019 Commission Meeting
Minutes of September 17, 2019 Commission Meeting
Minutes of February 18, 2020 Commission Meeting
Minutes of the January 19, 2021, Commission Meeitng
Minutes of the April 13, 2023, Commission Meeting
Click For Comments and Responses
Pre-filed Testimonies and Exhibits; and Supplemental Testimonies and Exhibits
Hearing:Public input hearing on the Application on Tuesday, December 19, 2018, at 6:00 p.m., CST, at the Summit School, 400 Sherman Ave., Summit, South Dakota
- Notice of Application; Order for and Notice of Public Input Hearing; Notice of Opportunity to Apply for Party Status
- Party Status Application
- Energy Conversion & Electric Transmission Facilities Siting Info Guide
- Presentation
- Recording
- Sign In Sheets
- Comments of Mayor Terry Jaspers, City of Sisseton
- Comments of Mike Schmidt
- Comments of Josh Lau
- Comments of Austin Lau
- Comments of Wanda Lau
- Comments of Alexis Lau
- Comments of Dylan Lau
- Comments of Timothy Gapp
- Comments of Timothy Gapp Confidential (not available to the public)
- Comments of Jim Newcomb, Summitwind LLC
- Comments of Colin Bronson
- Comments of Matt O'Farrell
- Comments of Alice Moyer
- Comments of Alice Moyer Confidential (not available to the public)
- Contact Precision Reporting to order a written transcript of EL18-046 discussion
- 10/31/18 - Notice of Application; Order for and Notice of Public Input Hearing; Notice of Opportunity to Apply for Party Status
- 11/21/18 - Order Assessing Filing Fee; Authorizing Executive Director to Enter Into a Consulting Contract
- 01/03/19 - Order Adopting Procedural Schedule
- 02/22/19 - Order Granting Joint Motion for Approval of Settlement Stipulation and Granting Permits to Construct Facilities
- 09/25/19 - Order Granting Exemption
- 02/19/20 - Order Granting Request for Turbine Model Change
- 01/21/21 - Order Approving Escrow Agreement
- 04/17/23 - Order Granting Motion for Release of Road and Public Infrastructure Bond
- 10/26/18 - Dakota Range's Letter regarding Application
- Application
- Appendix A - Figures
- Figure 1 - Project Area
- Figure 2 - Project Layout
- Figure 3 - Representative Diagram of the Vestas V136-4.2 MW Turbine
- Figure 4 - Transmission Facility Layout
- Figure 5 - Transmission Facility Line Structure Diagram
- Figure 6 - Wind Turbine Construction Site Layout
- Figure 7 - Constraints
- Figure 8 - Project Area
- 10/29/18 - Figure 9a - Surficial Geology
- Figure 9b - Geologic Cross Section
- Figure 10 - Bedrock Geology
- Figure 11 - Soil Types
- Figure 12 - Water Resources
- Figure 13 - Environmental Constraints
- Figure 14 - Land Use
- Figure 15 - Public Lands and Facilities
- Figure 16 - Sound Pressure Levels in Common Indoor and Outdoor Environments
- Appendix B - Agency Coordination
- Appendix C - Roberts County Zoning Ordinance; Grant County Zoning Ordinance and Grant County Proposed West Ordinance
- Appendix D - Avian Use Survey
- Appendix E - Raptor Nest Survey
- Appendix F - Prairie Grouse Lek Survey
- Appendix G - Intentionally Omitted
- Appendix H - Sound Level Modeling Report
- Appendix I - Shadow Flicker Modeling Report
- Appendix J - Radio Frequency Structure Study and Analysis
- Appendix K - Property Value Effects Studies
- Appendix L - West Transmission Line Memo
- Appendix M - Decommissioning Cost Analysis
- Appendix A - Figures
- Exhibit A2 - Pre-filed Testimony of Brenna Gunderson Behalf of Dakota Range III, LLC
- Exhibit A3 - Pre-filed Testimony of Robert O'Neal on Behalf of Dakota Range III, LLC
- Exhibit A4 - Pre-filed Testimony of Ryan Henning on Behalf of Dakota Range III, LLC
- Application
- 10/31/18 - Affidavit of Service
- 11/08/18 - Dakota Range's Application and Direct Testimonies to County Auditors Certificate of Service
- 11/16/18 - Dakota Range's Letter regarding Correction in Application
- 12/11/18 - Dakota Range's Letter regarding Update Figures
- Updated Figure 4 - Transmission Facility Layout
- Updated Figure 7 - Constraints
- Updated Figure 9a - Surficial Geology
- Updated Figure 10 - Bedrock Geology
- Updated Figure 11 - Soil Types
- Updated Figure 12 - Water Resources
- Updated Figure 13 - Environmental Constraints
- Updated Figure 14 - Land Use
- Updated Figure 15 - Public Lands and Facilities
- Certificate of Service
- 12/11/18 - Dakota Range's Letter regarding Updated Appendix H and Appendix I
- 12/12/18 - PUC Staff's Letter regarding Notice for Newspapers
- 12/12/18 - Dakota Range's Letter regarding Update Figure 2
- 12/12/18 - Dakota Range's Letter regarding Proof of Mailing and Affidavit of Publications
- 12/17/18 - Dakota Range's Letter regarding Bat Acoustic Survey Final Report (December 2018)
- 12/18/18 - Dakota Range's Letter regarding Dakota Range III, LLC, has been Acquired by ENGIE IR Holdings LLC
- 12/20/18 - Dakota Range's Letter regarding Presentation for Public Input Hearing
- 12/20/18 - Staff's Motion for Adoption of Procedural Schedule
- 12/20/18 - Dakota Range's Response to Motion for Adoption of Procedural Schedule
- 12/26/18 - The Wilmot Enterprise's Affidavit of Publication (11/22/18 and 12/13/18)
- 12/26/18 - Watertown Public Opinion's Affidavit of Publication (11/28/18 and 12/12/18)
- 12/26/18 - Grant County Review's Affidavit of Publication (11/21/18 and 12/12/18)
- 12/26/18 - The Sisseton Courier's Affidavit of Publication (11/20/18 and 12/18/18)
- 12/26/18 - The Brookings Register's Affidavit of Publication (11/21/18 and 12/12/18)
- 01/04/19 - PUC Staff's First Set of Data Requests Certificate of Service
- 01/04/19 - Dakota Range's Supplemental Direct Testimonies and Exhibits
- 01/07/19 - PUC Staff's Second Set of Data Requests Certificate of Service
- 01/15/19 - PUC Staff's Third Set of Data Requests Certificate of Service
- 02/01/19 - PUC Staff's Letter regarding Suspending the Procedural Schedule
- 02/07/19 - Joint Motion for Approval of Settlement Stipulation (PUC Staff and Dakota Range Ill, LLC)
- 02/08/19 - Staff Memorandum Supporting Settlement Stipulation
- 02/22/19 - Docket Closed
- 09/04/19 - Dakota Range III, LLC's Letter regarding Compliance Filing, Condition No. 29
- 09/04/19 - Dakota Range III, LLC's Letter regarding Compliance Filing, Condition No. 36
- 09/05/19 - Dakota Range III, LLC's Letter regarding Compliance Filing, Condition No. 22
- Affidavit of Jonathan Koehn Providing Notice of Turbine Adjustments up
to 250 Feet - Exhibit A – Maps of Turbine Adjustments
- Maps of Turbine Adjustments Confidential (not available to the public)
- Exhibit B – Summary of Turbine Adjustments Requirement Compliance
- Exhibit C – Updated Sound Level Analysis
- Exhibit D – Updated Shadow Flicker Analysis
- Certificate of Service
- Affidavit of Jonathan Koehn Providing Notice of Turbine Adjustments up
- 09/09/19 - Dakota Range III, LLC's Letter regarding Request for Exemption from Condition No. 36
- 09/12/19 - Staff's Letter regarding Dakota Range III, LLC's Request for Exemption from Condition 36
- 10/03/19 - Dakota Range III, LLC's Letter regarding Compliance Filing, Condition Nos. 14 and 35
- Stormwater Pollution Prevention Plan (Condition No. 14)
- Bird and Bat Conservation Strategy (Condition No. 35) – will be filed at a later date
- Certificate of Service
- 10/07/19 - Dakota Range III, LLC's Letter regarding Compliance Filing, Condition No. 4
- Proof of Mailing
- Attachment A - Participating Landowner Notice for Start of Construction Letter (landowners with an Easement Agreement for Transmission Facilities)
- Attachment A-1 - February 22, 2019 Order Granting Joint Motion for Approval of Settlement Stipulation and Granting Permits to Construct Facilities and the Approved Settlement Stipulation
- Attachment A-2 - Project Construction/Maintenance Damage Compensation Plans and Procedures as Outlined in Section 10 of the Easement Agreement for Transmission Facilities Confidential (not available to the public)
- Attachment B - Participating Landowner Notice for Start of Construction Letter (landowners with a Wind Energy Lease and Wind Easement Agreement)
- Attachment B-1 - February 22, 2019 Order Granting Joint Motion for
Approval of Settlement Stipulation and Granting Permits to Construct Facilities and the Approved Settlement Stipulation - Attachment B-2 - Project Construction/Maintenance Damage Compensation Plans and Procedures as Outlined in Section 8.7 of the Wind Energy Lease and Wind Easement Agreement Confidential (not available to the public)
- Attachment C - Non-participating Landowner Notice for Start of Construction Letter
- Attachment C-1 - February 22, 2019 Order Granting Joint Motion for Approval of Settlement Stipulation and Granting Permits to Construct Facilities and the approved Settlement Stipulation
- Attachment D - Landowner Mailing List Confidential (not available to the public)
- Certificate of Service
- Proof of Mailing
- 10/11/19 - Dakota Range III, LLC's Letter regarding Compliance Filing, Condition No. 35
- Bird and Bat Conservation Strategy
- Exhibit 1 - Agency Correspondence
- Appendix A - Avian Use Surveys for the Dakota Range III Wind Project, Grant and Roberts Counties, South Dakota - Final Report January 2017 to May 2017 and September 2017 to August 2018
- Appendix B - Prairie Grouse Lek Survey Results for the Dakota Range III Wind Project Roberts and Grant Counties, South Dakota - Final Report September 2018
- Appendix C Raptor Nest Survey Results for the Dakota Range III Wind Project Raptor Roberts and Grant Counties, South Dakota - Final Report September 2018
- Appendix D - Bat Acoustic Survey for the Dakota Range III Wind Project Grant and Roberts Counties, South Dakota - Final Report May 10 to October 22, 2018
- Certificate of Service
- Bird and Bat Conservation Strategy
- 01/27/20 - Dakota Range III, LLC's Letter regarding Compliance Filing, Condition No. 22
- 01/28/20 - Dakota Range III, LLC's Letter regarding Compliance Filing, Condition No. 29
- 02/14/20 - Dakota Range III, LLC's Letter regarding Turbine Model Change
- 04/02/20 - Dakota Range III, LLC's Letter regarding South Dakota Energy Facility Permit Act Bond
- 04/28/20 - Dakota Range III, LLC's Letter regarding Condition No. 1
- Federal Aviation Administration (“FAA”) Determinations of No Hazard (individual determinations for turbines and permanent meteorological tower)
- United States Army Corps of Engineers Nationwide Permits
- Letters from the South Dakota Department of Transportation (“DOT”) Aeronautics Commission confirming receipt and review of Determinations of No Hazard and no need for separate permit
- DOT Utility Permit
- Written Findings of the Roberts County Board of Adjustment issuing Conditional Use Permit No. 3901 to Dakota Range III, LLC for a Wind Energy System
- Grant County Building Permits (Operations & Maintenance Facility Substation; and Turbines)
- Certificate of Service
- 08/18/20 - Dakota Range III, LLC's Letter regarding Condition No. 1
- Email from U.S. Environmental Protection Agency notifying of coverage under National Pollutant Discharge Elimination System (“NPDES”)/Surface Water Discharge General Permit for Storm Water Discharges Associated with Construction Activities with Stormwater Pollution Prevention Plan
- Letter from the South Dakota Department of Transportation (“DOT”) Aeronautics Commission confirming receipt and review of Determination of No Hazard (permanent meteorological tower)
- DOT Utility Permit (redundant fiber optic communication cable)
- South Dakota Department of Environment and Natural Resources (“SD DENR”) grant of coverage to Dakota Range III, LLC under NPDES General Permit Authorizing Stormwater Discharges Associated with Construction Activities Under the South Dakota Surface Water Discharge System, Permit No. SDR10J811
- Grant County Building Permits (Permanent Meteorological Tower and ADLS)
- Grant County Approach Permits
- Grant County Resolution 2020-27 granting Dakota Range III, LLC Utility Permits (Collection Lines and Transmission Line)
- Roberts County Building Permits (turbines)
- Roberts County Resolution 2020-21 granting Dakota Range III, LLC Utility Permits (collection lines)
- Certificate of Service
- 11/17/20 - Dakota Range III, LLC's Letter regarding Escrow Agreement
- 01/11/21 - Dakota Range III, LLC's Letter regarding Escrow Agreement
- 01/14/21 - Dakota Range III, LLC's Letter regarding Escrow Agreement
- 07/28/21 - Dakota Range III, LLC's Letter regarding Condition No. 30
- 08/12/21 - Dakota Range III, LLC's Letter regarding Condition No. 32
- 01/14/22 - Dakota Range III, LLC’s Letter regarding Condition No. 8e
- 02/21/23 - Dakota Range III, LLC’s Letter regarding Condition No. 8.h
- 11/03/23 - Dakota Range III, LLC's Letter regarding Condition No. 34
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Post-Construction Bird and Bat Fatality Monitoring StudySee 12/04/23 filing - Certificate of Service
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- 11/09/23 - Docket Reclosed
- 12/04/23 - Dakota Range III, LLC's Post-Construction Bird and Bat Fatality Monitoring Study Confidential (not available to the public)
