MNPA developing solar facility north of Seven Persons

Posted on August 22, 2024 by Ryan Dahlman

By Heather Cameron
Southern Alberta Newspapers
Local Journalism Initiative Reporter

During the Cypress County Municipal Planning Commission Meeting on July 30, the Cypress County Municipal Planning Commission reviewed a proposal submitted by Metis Nation Power Authority (MNPA) to construct and operate a 3MW Solar Energy Development, Commercial Use, including a temporary parking and office area.

Darren Bruins, Chief Operating Officer of Metis Nation Power Authority, Chief Financial Officer Gary Lobb, and Garrett Varty who is the Medicine Hat-based Operations Manager met with the Commission on behalf of the Metis Nation Power Authority to discuss the application.

“We’re a proud Indigenous-controlled renewable energy company here in Alberta and our business model is a partnership between Agriculture and the renewable energy industry,” said Bruins.

Erin Onoferychuk, Development Officer, then described the application as Phase 2 of a commercial solar facility that includes the installation of ground mounted solar panels on approximately 5.5 hectares (13.5 acres) of land, that will be situated in the northwest corner of the land. Phase 1, Onoferychuk explained, was approved by the Municipal Planning Commission on November 14, 2023, and the first phase of the solar project was 0.95 megawatts.

Onoferychuk also explained that combined with the previously approved Phase 1, the project will cover approximately 8.0 hectares (20 acres) of the site. The subject site, Onoferychuk established, is located approximately 7 km north of Seven Persons, along Range Road 73. Phase two received approval from the Alberta Utilities Commission on July 5, 2024.

Onoferychuk established that the proposed 3.0-megawatt solar generation project is proposed to be connected to existing Fortis infrastructure, there will be minimal on-site activities once construction has completed and no onsite storage will be required, and no employees will be on-site permanently, but staff will only attend the site as needed to perform maintenance. 

As the letter of intent indicates, Onoferychuk explained, the installation of solar panels will occur on areas of the land that are not under irrigation. MNPA will be constructing the project with no concrete, no heavy equipment making alterations to the land and there are no underground components, and a temporary parking and construction office trailer is proposed at the south of the parcel. The construction trailer will consist of a storage container, the temporary office trailer and parking area is proposed to be on-site for the duration of the construction of the project, which should be approximately 200 days, and as per the submitted site plan, access into the site is proposed from Range Road 73, utilizing an existing access approach, Onoferychuk explained, with traffic expected to include standard light vehicles such as pickup trucks, SUV’s and cars.

Onoferychuk then reviewed the relevant legislation connected to the application, stating that in the Land Use Bylaw 2022/09, under the Agricultural District 2, it states that solar energy, commercial is considered a Class II Discretionary Use. Onoferychuk also established that Section 12.21, Solar Energy, Commercial Use states that applicants may submit development permit applications prior to receiving approval from the appropriate provincial or federal agencies, but the Development Authority will not approve any development permit application for a commercial solar energy facility until such approval(s) have been obtained from the applicable provincial and/or federal agencies. 

A development permit will be required for all commercial, solar energy production facilities that are intended to generate electricity which is to be sold and transmitted into an electrical distribution system for commercial sale, with Commercial, solar energy production facilities being considered within the Agricultural districts, and Industrial district as a Class 2 Discretionary Use, Onoferychuk explained.

The applicant, Onoferychuk explained, shall be responsible to obtain the necessary approvals from both the Alberta Utilities Commission as well as the commercial, electric distribution company, and provide copies of the approval documents as part of the development approval, they shall be responsible to obtain the necessary inspections and commercial approvals from an authorized inspection agency under the Alberta Safety Codes Act as required for any of the equipment or infrastructure associated with a solar energy facility, and all equipment and infrastructure associated with a commercial, solar energy facility must comply with those setbacks specified in the land use district in which the commercial, solar energy facility is located. 

When a commercial, solar energy facility is decommissioned, Onoferychuk explained, the landowner will be required to return the solar energy facility location to the same land capability and quality as it was prior to the installation of any of the solar energy equipment, and as part of the development application process, the Development Authority will ask the applicant to submit a detailed decommissioning plan to support the development application.

Onoferychuk also explained that a development permit application will require, as a condition of approval, that the developer of a solar facility commercial use enter into a road use agreement between the County and the developer, the proposed solar panels, the proposed temporary construction tailer and the temporary parking meet the setback requirements of the agriculture 2 (A2) district in Land Use Bylaw 2022/09. 

In terms of feedback from agencies regarding this application, Onoferychuk explained, the City of Medicine Hat, The Environment, and Land and Government relations stated that the supplied map displays the gas facilities within proximity to the project, surface improvements are not permitted within the City of Medicine Hat pipeline UROW and within 100 meters of any City of Medicine Hat wellhead, unless the subdivision/landowner applies to and receives approval from the Alberta Energy Regulator and the City for a setback reduction, and any ground disturbances or surface improvements within 30 meters of any City of Medicine Hat gas pipeline or within 100 meters of any gas wells will require a crossing/proximity agreement.

Onoferychuk then addressed comments from Enbridge Pipeline, stating that Enbridge Pipeline identified that the plan drawings do not indicate any proposed crossings or ground disturbance taking place within the pipeline prescribed area; that the proposed development is non-residential and should not lead to a significant increase in human activity within the pipeline assessment area; and that the Enbridge pipeline corridor is clearly shown in the plan drawings, and hence has no objections to the proposed application.

The Public Works Department had several comments, Onoferychuk explained, beginning with the fact that the Seven Persons regional waterline is right close to the west shoulder of Range Road 73, so if there is any excavation, they must daylight the regional line, as Public Works will not allow any lines to parallel the regional water line and must have a 2 meter separation from the regional water line. Anything on the east side of Range Rd 73 would be preferred due to less conflict on that side of the road, Onoferychuk added, along with thoughts that any pole placement that is on the west side of Range Rd 73 must be right on fence line. Onoferychuk also said a haul route map will also have to be requested for the Road Use Agreement Industrial Coordinator, and the applicant will have to have an agreement in place with the other wind project, which has Twp Road 120 and Twp Road 114 as part of their haul route, but this will depend on which route MNPA would plan to use, as Twp Road 114 from Hwy 3 to Range Road 73 is not recommended as being part of their haul route. The drawing, Onoferychuk emphasized, should be more accurate to show proposed approach locations, size of the construction site, parking and staging areas.

Onoferychuk stated that their recommendation is to approve Development Permit Application 24/120, subject to conditions, and with the understanding the facility will be constructed and operated as outlined in the submitted application with any changes requiring submission for approval by the Development Officer and/or Municipal Planning Commission. 

Onoferychuk explained that conditions one through nine are standard conditions, but conditions 10 through 16 are specific conditions to the permit. Condition 10, Onoferychuk stated, involves a timeline for the construction, which includes approval until March 31, 2025 with an option to request an extension prior to the expiry date if necessary. Condition 11, Onoferychuk stated, involves setbacks for the construction trailer. Condition 12, Onoferychuk said, requires that a reclamation certificate be submitted to the Development Officer upon decommissioning of the project. Condition 13, Onoferychuk said, establishes that a stormwater management plan would be needed. Condition 14, the Development Officer explained, says that approval is subject to the developer submitting an emergency response plan and vegetation management plan for approval by Cypress County, and Condition 15 says that approval is conditional on the developer entering into a Road Use Agreement to protect Cypress County Road Infrastructure and the Road Use Agreement is to be executed with Cypress County prior to any oversized load being hauled on site, or any works to enter or upgrade the County road right-of-way, and as a requirement of the Road Use Agreement, the developer will be required to provide and appropriate performance bond to ensure that the developer meets the obligations under the agreement. Finally, Onoferychuk stated, Condition 16 establishes that the developer is required to submit a road approach application to ensure the existing approach meets Cypress County Design Guidelines and Construction Standards, or if a new approach is required.

Bruins also showed the Commission photos of the site before Onoferychuk requested he speak to the applications and the conditions for approval.

“We’ll comply with all conditions for approval that are presented we’re very excited about this,” said Bruins. “We hope this to be the first of many. We have smaller scale partnerships between local landowners and ourselves as we build a renewable energy solution that works for everybody and is tailored to the agricultural community.”

Ultimately, a motion was made to approve Development Application 24/120 with conditions as presented and the motion was carried. Metis Nation Power Authority (MNPA) was informed after the fact that since the development permit is discretionary use, there is a three-week appeal period during which time the public may appeal the issuance of the permit and the permit itself will be advertised in the Cypress County newspaper for a period of three consecutive and if no appeal is filed, the permit will then become valid.