The LNG Review Process

Here is an overview of the process used for reviewing the Bradwood Landing application for developing an import LNG terminal, pipeline and related facilities. Several issues are discussed in greater detail, but not all issues are covered. Remember, this is a 330 page document and written is legalize.

What has the Board of County Commissioners approved?

On March 20, 2008 the Board of County Commissioners discussed final revisions and voted to approve Bradwood Landing, LLC application for permits and development of an LNG Marine terminal, pipeline and related facilities. The document contains the conditions and required approvals necessary before a building permit will be issued, and the conditions required during the construction, operation and eventual decommissioning of the proposed development

This 330 page document covers every issue raised by the county during the approval process. Testimony from the public hearings is also addressed through these written findings. The Board, assisted by our planning consultant, planning staff and our land use attorney, as well as the Planning Commission deliberations and decisions, established conditions the applicant must meet to achieve compliance. The Planning staff had recommended denial of several issues until the applicant provided compliance. The Board took the approach of granting approval contingent upon the applicant meeting all approval criteria. The standards remain the same and end result is the same.

Review process to date:

The application process submittal to Clatsop County began December 12, 2006.

This initial application was found by the Clatsop County Planning Department to be incomplete. It took until February 14, 2007 for the application to be deemed complete. The Department then reviewed the application for compliance with the County’s Comprehensive Plan, Water Development and Use Ordinance (LWDUO) and Standards, and statewide planning goals. Next, the Planning Commission held public hearings on July 10 and 17^, 2007 to hear testimony about the proposed development. The record was held open until July 31, 2007. Rebuttal was extended until August 17, 2007. The Planning Commission deliberated on August 28,2007 and on September 29, 2007 adopted their written findings recommending approval with conditions.

Next the Board of County Commissioners held public hearings on the application on November 19 and 26, 2007. The record was left open for additional comments and rebuttal until December 3, 2007. On December 13, 2007 the Board of County Commissioners deliberated and voted to give tentative approval to the application contingent upon preparation of suitable findings and approval by the Board. At the March 20, 2008 meeting revised findings were approved by the Board. County approval is not the final step in Bradwood’s permitting process. Before an LNG terminal may be built, Bradwood Landing LLC must also obtain permits from several state agencies and get authorization from the Federal Energy Regulatory Commission (FERC), Review by those state and federal agencies are now under way.

Industrial nature of the site.

Industrial use of Bradwood began in 1843 with the establishment of a sawmill at the base of Hunt Creek Falls. The railroad came in 1893. By 1930 an entire community had been built to serve those working in the mill. In 1983 the county zoned the mill site, Marine Industrial in recognition of the sites as “irrevocably committed” to water dependant industrial use. In 1990 the county reaffirmed this designation and established a 200 foot wide Aquatic Development Zone for a channel between the existing dock and the main Columbia River navigation channel. Waterway next to the existing dock area was also zoned Aquatic development at this time.

Two examples of required conditions for approval, both zone changes. At the time of the application the 40 acre terminal site was already zoned MI (Marine Industrial). Since an LNG terminal is considered an outright use in a MI Zone, why are any zone changes needed?

About five acres of wetlands, along the southern edge of the MI site is being rezoned to accommodate fill so the existing railroad can be re-aligned. Why is this allowable? The fill is necessary to accommodate the proposed development of the remainder of the site, and the loss of wetlands will be compensated by the creation of high quality estuary wetlands elsewhere.

Another zone change is required in the estuary, to accommodate a turning basin for LNG tankers. This change requires over 40 acres of Aquatic Conservation zoned water way be rezoned Aquatic Development so the necessary dredging can take place to deepen the area to accommodate the LNG ships. Some of the reasons given address the necessity of the dredging for the development of the upland use, that it is the minimum necessary for that development to occur, and that effort will be made to keep the negative impacts to a minimum.

The reasons given by the applicant for these zone changes must withstand the potential legal challenges of a Land Use Board of Appeals (LUBA) and the review of both state and federal agencies.

In addition to these rezone issues, a Mitigation Plan is another condition of approval., The Mitigation plan must demonstrate compliance with state and federal standards for the impact upon fish, fish habitat, aquatic organisms, tidal wetlands, non-tidal wetlands, riparian habitat, designated critical habitat and wildlife habitat. The applicant is in the process of compiling with these state and federal requirements.

The Bradwood sub-area plan called for any development to be small to medium in scale. How can this development be considered small?

There are two facts that indicate that this project can be identified as small to medium. First, the state of Oregon in an attempt to encourage development of former mill sires, around 1990, ruled that all former mill sites were exempt from any building size. ( other industrial site are limited to a 30,000 square foot square t building size for industrial development.) In fact Bradwood, a former mill site, is specifically named in Clatsop County documents as exempt from a limitation on building size. Second, the only other indicator of size in the planning documents state the relative number of acres of an industrial site. Large is defined as 100 acres or more. Bradwood, at 40 acres thus is on the lesser side of medium, or 50 acres. There is no height limit on industrial sites in Clatsop County.

Further, the Board stipulated that the small to medium size limited the site to a maximum of two LNG tanks. The applicant had request three tanks. The applicant had also requested all language limiting the site to the small to medium size development be removed from the approval criteria. Their request was denied. Further the application is limited to the 36 mile pipeline included in the approval document. No other pipeline is included in this approval.