Opponents of wind farm keep up fight

As has been the case for the past several months, a large number of citizens turned out for the Oct. 17 meeting of the Carroll County Quorum Court to speak about Scout Clean Energy’s plans to construct a “wind farm” near Green Forest.

Speaking during the portion of the meeting set aside for public comments, several individuals repeated their concerns about the project, which opponents say poses significant risks to the health and safety of animals and humans as well as detracting from the area’s natural beauty. Environmental concerns, especially the potential negative impact on the area’s water supply, have been raised repeatedly during quorum court meetings over the past several months. Residents maintain that Scout will need to do significant drilling and blasting in the fragile karst terrain in order to install its wind turbines.

Several Eureka Springs residents were among those speaking against the project. A total of 19 speakers addressed the quorum court during public comments, with the majority speaking about the wind farm plans.

Scout, based in Boulder, Colo., plans for the Nimbus project to expand over approximately 9,000 acres — about 14 square miles — in Carroll County, much of it along County Road 905 southeast of Green Forest. Scout says the project could generate up to 180 megawatts of electricity at peak demand — enough to power almost 30,000 homes. Scout says it has signed lease agreements with more than 50 landowners and estimates that the 30-year project will generate more than $14 million in lease payments and $25 million in tax revenue for the county.

Landowners who support Scout’s plans say they should be able to use their property as they see fit.

The planned wind farm has been a topic of public comments at quorum court meetings for the past several months, with some justices of the peace responding that they have no authority to intervene in the project.

A proposal that would have regulated setback distances and sound limits for towers in the county, sponsored by District 1 Justice of the Peace Jack Deaton, was voted down at the quorum court’s August meeting.

A large contingent of county residents turned out for that meeting after receiving a mailer about what the mailer described as an effort to initiate zoning regulations in the county.

“I brought an ordinance in a few months ago, addressing this,” Deaton said at the Oct. 17 meeting. “The wind farm company caught wind of it, sent out a bunch of propaganda. The next thing you know, all these constituents were hounding our JPs to vote against my ordinance …” District 3 JP Harrie Farrow, who represents Eureka Springs, sponsored an agenda item at the quorum court’s June meeting for discussion of possible creation of a land use commission that could set parameters for large-scale projects in the county. Farrow said such a commission could be created without adopting zoning legislation. She said the land use commission’s sole purpose would be “to create a permitting process for any large development.”

JPs agreed with Farrow’s suggestion to table discussion of a land use commission until their August meeting. At that meeting, Farrow suggested tabling the discussion again after Deaton’s proposal to regulate towers was voted down by a 6-5 margin. Rather than following Farrow’s suggestion to again table discussion of a land use commission, JPs voted to drop it from the agenda. Farrow noted that idea could be brought back to the table as a new business item.

At the Oct. 17 meeting, Deaton sponsored an agenda item for discussion of “planning vs. zoning.”

Deaton said the debate over Scout’s planned project has “put the quorum court in a bad situation.”

“No matter which way we go, it’s going to make somebody mad,” Deaton said.

Deaton said the county’s population will continue to grow and more large-scale projects are likely to be planned in the county.

“The county is growing,” he said. “The word is out. People are going to keep coming in here. … Down the road, we’re going to have to do something because it’s going to keep getting worse and worse.”

District 7 JP Kellie Matt said the quorum court is responsible to ensure the safety of the county’s residents.

“We’ve got to think of the safety of the people and the constituents that I represent, [and] that I don’t represent are telling me: ‘No, no, no, no, no. We don’t want this.’ And when you’ve got such a majority saying no, let’s hold off, let’s wait, let’s check into this first. This is a big move. Once we’re there, we’re going to be there for a thousand years. There’s nothing you can do about it once they’re up, and then they’re somebody else’s problem.”

District 6 JP Craig Hicks said county residents will turn out in large numbers to oppose any move to restrict what they can do on their property.

“If you think this courtroom is full now, you just wait,” Hicks said. “… If you want to start talking about planning and zoning, you’re going to see your constituents come out and show out. And they did, a couple of months ago. I had somebody a lot smarter than me tell me, and I think it’s worth repeating: ‘Planning is a vision; zoning is how you get there.’ I’m not for planning and zoning. Our quorum court voted on an ordinance and I think the majority wasn’t for it, either.”

Among the concerns cited by residents at the August meeting was how agricultural operations might be affected by any move to regulate land use in the county.

At the Oct. 17 meeting, Farrow noted that agricultural interests are protected by state law.

“First of all, nobody wants that, and secondly, there are state laws that would stop us from interfering with people’s farming,” Farrow said.

Deaton had described Scout as “secretive” regarding the Nimbus project and Farrow said the reason for that was because the company was not required to disclose details of the project to the county.

“Let’s get Scout, and any company that comes in the future, if you’re going to do a big, massive project in the area that has reasonable reasons to feel like there might be a major impact on people’s livelihoods, yeah, let’s require some information, that the quorum court be given information,” Farrow said.

Farrow suggested that JPs ask County Judge David Writer to appoint a committee for further discussion of the issue. Prosecuting attorney Tony Rogers said JPs could approve a resolution to that effect.

In other business at the Oct. 17 meeting, JPs approved the second and third readings of an ordinance amending the county’s employee handbook regarding travel reimbursements and meal allowances as well as the second and third readings of an ordinance to amend the employee handbook to add a technology resources policy as required by state law. JPs also approved the first reading of an ordinance to change the job description of the hot check coordinator in the prosecuting attorney’s office to that of an administrative assistant.

In addition to the citizens who spoke about Scout’s plans during public comments, several also addressed concerns about the maintenance of Spring Valley Road, between Passion Play and Mill Hollow roads. Residents including Eric Scheunemann said the county has not kept the road properly graded, leaving it difficult to traverse and causing damage to vehicles. The residents also said the condition of the road might impede emergency vehicles in the event they need to respond to the area.

The Carroll County Quorum Court’s next regular meeting is scheduled for 5 p.m. Tuesday, Nov. 21, in the courtroom of the Eastern District Courthouse in Berryville