Carroll County Judge David Writer issued a statement Thursday, June 20, saying he plans to enter into a road use agreement with Scout Clean Energy for its planned Nimbus project near Green Forest. Writer said the road use agreement will prevent the county from having to pay road maintenance and repair expenses related to the project.

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. 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.

“Over the past year and a half, my office has been contacted by several concerned citizens in regard to the planned wind farm project to be located south of Green Forest,” Writer said in his June 18 statement. “While some have raised some very valid points of concern, the Office of Carroll County Judge cannot and, I believe, should not directly involve itself in contracts signed between a private company and private citizens. Government overreach always results in more problems than it solves.”

Former county judge Richard Williams has been one of the most vocal opponents of the Nimbus project. At the March 21, 2023, meeting of the Carroll County Quorum Court, Williams said Writer can intervene to “stop” the project.

“Judge Writer, you not only have the authority to stop this, you also have, as I read state law, are not allowed to promote any private- sector business to use any Carroll County road,” Williams said. “And if you permit such, you’re in violation of Arkansas state law. And if any agreements have been completed, they are not legally binding, this being a violation of Arkansas state law.”

After Writer’s statement was released last week, Williams responded in a group email with 50 recipients, writing that: “ … the Carroll County Attorney, after the June QC Meeting, was informed that if County Judge Writer signs this Road Use Agreement it will be a mistake. A lawsuit will be filed.”

“Many have asked that I not allow Scout Energy to use county roads to construct the massive wind turbines,” Writer’s statement says. “That suggestion, though it may sound simple enough, would put this county in direct violation of state law. While some have taken the law out of context and stated that county roads cannot be used by private companies, this is simply absurd. This would prohibit Tyson Foods from using our roads to access poultry farms and would also hinder farmers from doing simple day to day tasks driving between fields.”

Writer acknowledged the significant impact that the project could have on county roads, arguing that a road use agreement would protect the county.

“I am not ignorant to the certain impact of such heavy machinery and equipment being transported on our county roads, should Scout Energy and the Nimbus project move forward,” Writer’s statement says. “It will no doubt result in expensive maintenance costs.

“This is where a Road Use Agreement, or RUA, comes into play. б “While there are many rumors floating around about an RUA, I would like to confirm that there has been a fmal draft of such an agreement sent to my office. Upon review of the RUA by myself and multiple lawyers, including my own legal counsel, it is evident that this agreement would be in the best interest of all Carroll County Taxpayers. This agreement does NOT give Scout Energy any sort of Imminent Domain, nor does it lease the road to Scout Energy.

“This RUA, as proposed, requires Scout Energy to repair the roads they use during and after the construction of these massive wind turbines. Scout Energy will also be required to put up a bond should they fail to abide by the agreement.

“The reason this agreement is in the best interest of Carroll County and its citizens is because it will potentially save tens-of-thousands, if not hundreds-of-thousands of taxpayer dollars. I fail to see why each and every Carroll County Citizen should be on the hook to fix the problems that are certain to arise should the wind farm be built.

“My stance on the Road Use Agreement is not an endorsement of the Nimbus Project, as I too, have concerns with the implementation of such a large scale project. This agreement will add a layer of protection to our County Road System, for which I am responsible.

“For these reasons, I fully intend to enter into the proposed Road Use Agreement with Scout Energy for the Nimbus project.”