Additional grounds cited in opposition of wind facility

The following are excerpts from a letter from Nimbus Wind Facility opponents’ lawyer Matt Bishop to the county judge and county prosecuting attorney:

• The impact on the environment of Carroll County of this project has been publicly documented by the US Fish and Wildlife Service and Scout itself. letters May 9, 2022, and April 25, 2023, letter to Scout from USFWS notes the presence of Golden Eagles in Carroll County and concludes “that Golden Eagles are regularly occurring winter residents in the Ozark Highlands, and there is a risk of conflict between them and wind development” and recommending Scout submit an application for an “Eagle Incident Take” permit. “Take” in this usage means a permit authorizing the death of an eagle. A letter from USFWS says the broad winged hawk migration also may be impacted. 
• The Interim Land Use Plan also addresses the importance of wildlife in our county, stating:

1. Carroll County shall establish a threatened and endangered species committee for overseeing protection and recovery of all federal and stated threatened or endangered species.
2. Carroll County shall establish a Carroll County Wildlife Committee. . .

The Interim Land Use Plan concludes with the requirement that Carroll County shall develop monitoring and compliance standards to evaluate the interim land use plan, Carroll County shall monitor the condition of grazing lands, timber lands, wildlife, and wetlands.  Federal and state agencies shall coordinate with the County in the collection of all monitoring data and in the analysis of all resource conditions. Carroll County shall enforce compliance with this interim land use plan and shall monitor consistency between federal and state actions and activities and the land use requirements enumerated herein.

“As you can see, there are a number of ‘shall’ requirements in the Interim Land Use Plan,” Bishop wrote.  “To my knowledge very few if any of those ‘shall’ requirements imposed by the Quorum Court have been complied with. If there is a Threatened and Endangered Species Committee, or a Wildlife Committee, or monitoring and compliance standards which have been developed, or any notes of monitoring of federal and state actions, please advise.”

Other highlights of the 100-page plan include:

“Carroll County is committed to the protection of the natural beauty and the recreational opportunities within it’s [sic] borders both of it’s [sic] public waterways, as well as the private property within the County, all assure the tens of thousands of tourists who visit Carroll County, receive an experience only found in the Carroll County Ozarks.”

• The capacity of the environment is limited, and it is the intent of the Quorum Court that the County Government take immediate steps to protect critical thresholds and production levels necessary to maintain the quality of the environment and protect the economic stability of the County that supports the customs and cultures of the Carroll County people.
• All Carroll County people have a responsibility to contribute to the preservation of these ideals and their input is welcome.
• It is the intent of the Carroll County Quorum Court that all government agencies which regulate activities of private parties that use the natural resources in the County, affect the quality of the environment and contribute to economic stability, shall regulate such activities so that major consideration is given to protecting the environment while providing a decent home and satisfying the living, community environment for all the people of Carroll County.