JPs again reject bid to require information on industrial projects

For the second time in three months, a proposal that would require developers of large-scale industrial projects in Carroll County to submit detailed plans for the project to the county government failed to gain approval from the county quorum court at its regular meeting on Tuesday, June 18.

However, unlike the quorum court’s April 16 meeting, when five of the seven justices of the peace in attendance voted in favor of the proposal by District 3 JP Harrie Farrow, the May vote — with all 11 JPs present — was 7-4 against. Six votes are required for approval.

The proposal would have created “a plan submission process” for large-scale industrial projects in the county. It would require developers to submit plans for any industrial project encompassing more than five acres of private land, with exemptions for farming, ranching and other “non-industrial” projects.

While the proposed ordinance stipulates that it does not give the county the authority to deny the legal use of private property, it does outline “violations” and “penalties.”

The violations outlined in the proposal include falsifying reports, beginning construction before receiving clearance from the county and deviating from the submitted The proposal would establish penalties of $1,000 for each violation and $500 per day for ongoing violations.

Farrow’s proposal is the latest in a series of measures that appear to stem from Scout Clean Energy’s plans to construct an industrial “wind farm” southeast of Green Forest, comprising wind turbines standing several hundred feet tall.

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

The planned project has drawn vigorous opposition from opponents who say it will be harmful to wildlife, have adverse health effects and pose a potential safety risk for humans and potentially cause significant damage to county roads, along with disturbing the natural beauty of the area and having a negative effect on tourism. Opponents of the project also say Scout’s ownership can be traced to Chinese interests.

JPs have said they can do little to prevent the project from moving forward, with some saying they don’t want to interfere with the rights of individual property owners. Others, including Farrow, have pushed for measures to provide at least some degree of regulation — although Farrow has said repeatedly that her proposal would not prevent Scout from moving forward with the project.

Four proposed ordinances that would have imposed setback regulations on industrial towers in the county all have failed to gain approval from the quorum court.

Joining Farrow in voting in favor of her proposal at the June 18 meeting were District 2 JP Bruce Wright, District 7 JP Kellie Matt and District 8 JP Francisco Pedraza. Voting no were District 1 JP Jack Deaton, District 4 JP Hunter Rivett, District 5 JP Matt Phillips, District 6 JP Craig Hicks, District 9 JP Roger Hall, District 10 JP Jerry King and District 11 JP John Howerton. Deaton and King had voted in favor of the proposal at the April meeting.

Also at the June 18 meeting, Turpentine Creek Wildlife Refuge president and founder Tanya Smith spoke to JPs about her concerns over the potential use of eminent domain for seizure of private land. Scout does not have the authority to seize land through eminent domain, but the company does have a facilities construction agreement with Entergy Arkansas, which does have eminent domain rights. Scout has said it has acquired all the necessary land rights for the Nimbus project through voluntary agreements with property owners.

The Carroll County Quorum Court’s next regular meeting is scheduled for 5 p.m. Tuesday, July 16, in the courtroom of the Eastern District Courthouse in Berryville.