Pictured Above: The Wildhorse Mountain Wind Facility near Clayton, OK in the Ouachita Mountains - the nearest operational wind farm to Northwest Arkansas. Photo courtesy Southern Company.
On June 18, I attended a community meeting at the Cincinnati Fire Station about a potential wind farm in western Washington County. The meeting was hosted by RES, a Denver-based renewable energy company. They are in the very early stages of planning, meeting with landowners, and gathering community input for what could eventually be the Trillium Wind project. You can read more about the project on its website.
It was a beautiful 45-minute drive from south Fayetteville to the Cincinnati, AR area. A few dozen people were at the meeting, representing a range of opinions from pro to con, including folks who were there to ask questions and get more information.
The folks from RES were very forthcoming with information and had answers to many common concerns and misconceptions about wind energy.
I also learned that any potential project is many years away - possibly 2029 or beyond. According to RES, their first step is to make agreements with private landowners, and only then can they start conducting testing to see where and whether wind energy is feasible.
According to RES and other sources like the Global Wind Atlas, there are only two spots in Washington County with strong wind energy potential. One area is northwest of Lincoln. The other area is near Winslow. Only the Lincoln/Summers/Cincinnati area is part of this project.
The Quorum Court's Role
As a Justice of the Peace, our role at present is very limited. Basically, just to listen and learn for a potential future decision. If the project moves forward with landowner agreements and positive test results over the next few years, then at some point in the future, landowners may come to us requesting a Conditional Use Permit. That CUP would then allow them to have a wind turbine or turbines operating on their land.
Some wind farm opponents have started asking the Quorum Court to put a 5-year moratorium on wind farms in Washington County. Several counties in the Ozark Mountains have enacted various moratoriums over the last couple of years. I asked our County Attorney about this issue. He told me that the Arkansas Association of Counties is now strongly urging counties not to impose a moratorium and to let the state legislature address the issue - a moratorium could cause significant legal issues for the county. That's because a couple of months ago, the state legislature passed Act 945, the Arkansas Wind Energy Development Act, regulating wind farms in Arkansas for the first time.
Questions from Residents
Back at the meeting, one of the questions from residents had to do with county roads leading to these potential sites. Will they require improvement, and if so, will taxpayer money be spent? RES indicated that they would pay for any improvements to county roads, and they would improve the roads to county standards and specifications.
Another resident asked about what may happen in an emergency. The main first responders in the area are Volunteer Fire Departments. RES indicated that incidents were rare. But that they were open to an agreement with the community to donate resources to the local VFD.
The question of eminent domain also came up. RES indicated that all of its easement agreements are with private landowners, and it does not plan to ask the county government for any sort of eminent domain or to go against the wishes of any landowner. This goes for both the turbines and the many miles of transmission lines leading up to them.
As part of that discussion, I also learned that part of the project may be in Benton County, due to the logistics of where to put the transmission lines and substation.
At the end of the meeting, I spoke with a couple of landowners who are in favor of having wind turbines on their land. They expressed that when it comes to their own land, no one loves it and cares for it as much as they do.
Carroll County
Finally, one resident said that if we wanted to see an existing project under construction, to visit County Road 905 in Carroll County, near Alpena. RES is not involved in this project. About 40 wind turbines and the connecting transmission lines are being built by a different company. This project was underway before Act 945 was passed, which now regulates things like how close the wind turbines can be anything else. For example, going forward, setbacks need to be three and a half times the total height of the turbines. I drove out there the following weekend and took some photos of the Carroll County site under construction:
Another Side
At the June 30th Quorum Court County Services committee meeting, we're set to hear from a group opposed to wind farms, Concerned Citizens of the Ozarks. This agenda item was requested by JP Beth Coger. We also have time set aside to hear comments from the public. I'll try to write Part II soon with an update.
This was considered in 2009 in the Winslow area. It was not feasible at that time. The difficulty of bringing the large components into the area on the winding roads would have been a major problem. There wasn’t a sufficiently sized electrical grid to transmit the energy to the rest of NWA. The deal killer was the danger to wildlife.
The bats who live in that area are an endangered species. When they fly near one of these towers when the blades are turning, the change in air pressure kills the bats due to barotrauma.
Thank you for the information.
Let me first address that RES in a response on June 30th on KSFM 5NEWS stated that the Wind Farm is “RELIABLE”.
Please allow me a bit of Sarcasm here…I was not aware that there was always Wind “Blowing” to create being “RELIABLE”.
Concerning Attorneys at the Assoc. of Counties…that statement has been reputed “Publicly” by an Attorney in Washington County and by a County Attorney of Carroll County. Also, I have been informed, lobbyist are already attempting to “Repeal” or “Amend” ACT 945 to the benefit of the Wind Industry.
Also included in ACT 945 is that Counties may “Adopt” MORE STRINGENT REGULATIONS…as long as not lesser.
EMINENT DOMAIN….it is not necessary for the Wind Company to request that of the County.
Currently Entergy of Arkansas and Arkansas Electric Cooperative Corporation have Service Agreements (SA) with the Nimbus Wind Farm. LLC.
I quote as in SA3825 with Arkansas Electric and SA 4197…Entergy Arkansas, LLC it is identical other than on a different page under 3.2.1.1 in that SA.
5.13 LANDS of OTHER PROPERTY OWNERS.
If any part of the Transmission Owner’s Interconnection Facilities, Network Upgrades, and/or Distribution is to be installed on property owned by persons other than Interconnection Customer or Transmission Owner, Transmission Owner shall at Interconnection Customer’s expense use efforts, similar in nature and extent to those it typically undertakes on its own behalf or of its Affiliates, including use of its EMINENT DOMAIN AUTHORITY to the extent permitted and consistent with Applicable Laws and Regulations and, to the extent consistent with such Applicable Laws and Regulations, to procure from such persons any Rights of Use, Licenses, Rights of Way and Easements that are Necessary to Construct, Operate, Maintain, Test, Inspect, Replace or Remove the Transmission Owner’s Interconnection Facilities, Network Upgrades and/or Distribution Upgrades upon such Property.
With these Service Agreements there is the potential of the Use of EMINENT DOMAIN…in Carroll County the Wind Developer, at a QC Meeting, ststed they cannot use Eminent Domain…I agree…however, they are in an Agreement where one of the Public Utility Companies may use EMINENT DOMAIN on the Wind Companies behalf…as in Agreement…NO RESPONSE FROM THE REPRESENTATIVES of the WIND COMPANY.
ROADS…I advise the QC “Carefully” review a copy of the “ROAD USE AGREEMNET”. The Carroll County Road Use Agreement does NOT REQUIRE ROAD IMPROVEMENT.
“WHEN” there is no longer a NEED for the Roads all that is required is return to “ORIGINAL CONDITION”….I can provide a copy of Agreement if you desire.