Court tables energy storage variance

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Black Mountain Energy Storage was once again under discussion at the Erath County Commissioners meeting— this time with an action to table in order to seek legal counsel.

On Monday, July 25, with all of the commissioners in attendance, representatives from Black Mountain Energy Storage were there to ask for a variance to gain entry to the project property off County Road 300.

The variance would allow them to have a 130-foot road to gain entry instead of the 200-foot county requirement.

According to Black Mountain Energy Storage representative Dan Ditto, the company has 28.5 acres under contract and four of it will be for an access road.

For the first time, commissioners received information that Black Mountain had not yet purchased the property.

“We have site control on this property,” Ditto said. Ditto shared that since it is a highly regulated project, construction won’t begin for some time.

“We would like to have access to our property before we purchase it,” he said.

The next step, he said, after the variance is granted, would be a drainage analysis and site plan.

Commissioner Jim Buck emphasized the need for a drainage study before the road was put in since a detention pond might go exactly where the road to enter the property was located.

“I don’t think we can issue a variance on someone else’s property,” Commissioner Albert Ray said. “I don’t think we can legally do this.”

Ditto stated that most likely the land owner would have no issue coming forward herself to get the variance.

Commissioners paused the item initially in the meeting to try to reach legal counsel who was in court but were unsuccessful in doing so. The item was tabled until the next court meeting in August.

Joanna Friebele spoke in public comments about the project urging commissioners to do more research on the project.

Several developments also received approval for a variety of steps including the final plat for Sunrise Mountain Ranch off of County Road 175.

A variance for grading at all the culverts at Sunrise Mountain was approved, essentially flattening the slope a little more than what the county requires.

A road bond for the project was also approved.

Three tiny homes meant for rental properties called Casa Halcones Rural Development were discussed as needing to go into the rural infrastructure development plan since it didn’t conform to any of the other rules.

“It has to go through this to get septic,” Charlie Gillespie said.

The project is located at 24270 North Farm-to-Market Road 219. After discussion from the commission about nearby for sale signs at the property, they decided to hold off on making any decisions.

Commissioners gave approval for a public notice to be placed in the newspaper regarding new subdivision rules. The public notice must run for 30 days before the public hearing can be set. A detailed story regarding the new rules will be featured in upcoming coverage of the Dublin Citizen.

In other business the commissioners:

• Approved a revised job description for the administrative assistance to county judge

• Approved an interlocal agreement with the city of Dublin regarding the extraterritorial jurisdiction

• Approved the quarterly investment report

• Approved the June 2022 monthly treasurer’s report

• Approved the payroll distribution and overtime register

• Approved invoices presented for regular and reoccurring payments

• Took no action on the burn ban, leaving it in place.

The Erath County Commissioners Court’s next meeting will be held at 9 a.m. Monday, Aug. 8 at the courthouse in downtown Stephenville.