The Carroll County Quorum Court is expected to consider a proposed emergency ordinance at its next regular meeting on Tuesday, Aug. 15, that would establish rules and regulations for towers in the county.
The proposal, sponsored by District 1 Justice of the Peace Jack Deaton, comes after county residents have voiced their opinions at quorum court meetings over the past several months regarding a proposed “wind farm” near Green Forest.
Scout Clean Energy, based in Boulder, Colo., plans for its “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.
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.
Some Quorum Court members have said the body has no power to intervene in the issue, as the county has no zoning ordinances.
The proposal to be considered at the Aug. 15 meeting would establish setback limitations for new towers, which could not be closer than 1.5 times the height of the tower at its highest point from any adjoining landowner’s property line, 1.1 times the height of the tower at its highest point from any county road or twice the height of the tower at its highest point from any residential or commercial business structure.
The proposed ordinance also would require the property owner and the tower operator to notify any residents within a half-mile radius of the property before construction begins on a tower; conduct a sound study performed by a third-party acoustic engineer to document baseline sound levels in the area of the proposed tower, including noise levels measured at the property line in eight locations (north, south, east, west, northeast, northwest, southeast and southwest); conduct a post-construction noise study performed by a third-party acoustic engineer to document noise levels emanating from the tower when mechanical equipment is running at full capacity, including all HVAC units and generators necessary for peak operations, with noise levels measured at the original eight locations used during the baseline study; and conduct annual noise studies under the baseline and post-construction study specifications.
The proposed ordinance would establish separate noise limitations for the hours from 8 a.m. to 10 p.m. and from 10 p.m. to 8 a.m. It also would make violations of any part of the proposed ordinance punishable by fines beginning at $1,000.
“It’s not making people happy, and it’s making some people happy,” Deaton said Monday, Aug. 7. “It’s kind of a combination. It’s trying to protect us from anything coming up down the road later. We kind of got blindsided on this thing by this wind farm company. They’re very shrewd. I feel like we’ve got to do something and we really can’t … what I’m being told by our legal counsel is we can’t stop them without going into a zoning deal for the entire county and even that I’m not sure would cancel out since there’s already contracts in place. Unfortunately, it’s bad for the whole county and it’s bad for those people who live down there in that area.”
The proposed ordinance includes an emergency clause that would make it effective immediately if it is adopted by the quorum court. Because of the emergency clause, the proposal will need eight votes from the 11-member quorum court to gain approval.
“I’ve got a feeling it may get voted down, but you just never know,” Deaton said.
Deaton said part of his intent is to prevent similar projects in his district.
“I represent the entire county, but number one I represent District 1,” he said. “And this pretty much is going to ensure that they’re not going to come to District 1 and put one up. That’s my main job to start with, I’ve got to take care of my family and my district.”
The quorum court meeting will begin at 5 p.m. Tuesday, Aug. 15, in the courtroom of the Carroll County Eastern District Courthouse in Berryville.
