Scout Clean Energy, which is proposing a $300-million Nimbus Wind Farm project in a rural area of Carroll County near Green Forest, said that it doesn’t need to apply for a Certificate of Environmental Compatibility and Public Need (CECPN) from the Arkansas Public Service Commission (APSC).
Usually, the APSC goes through a lengthy process to make sure there is a public need for a new electric generation project of more than 50 megawatts, and that there are complete environmental impact studies conducted to assure it is the appropriate place for the development.
Mark Wengierski, Scout Clean Energy vice president of development, east region, wrote in an email to the Independent that the project currently has interest from corporate customers who will not be required to obtain a CECPN. He quoted language from the APSC website, “The Commission does not regulate municipally owned utilities, public power agencies, or exempt wholesale generators (Independent Power Producers).”
Jeff Hilton, interim executive director, APSC, said the determination of whether a CECPN is required is a legal one, governed by Ark. Code Ann. §§ 23-18-501 and Ark. Code Ann. §§ 23-1-101.
“The developer must apply the statutes in order to determine whether a CECPN is required,” Hilton said. “The statute does allow for exemptions, but the developer is responsible for determining whether the project would qualify. However, even if a CECPN is not required, other federal or state permitting requirements may apply. I make no assertions in that regard.”
Former Carroll County Judge Richard Williams, who lives on CR 905, said he is not convinced this is a done deal. If it is, Williams said that is just not right.
“It seems the state should have some kind of regulations that would protect us from a $300-million development in fragile terrain not needing any permits that look at the environmental impacts,” Williams said. “Remember, we are supposed to be The Natural State.”
Caroline Rogers, who also lives on CR 905, said she is very concerned about the lack of public notice and environmental oversight. Rogers said there should be regulatory agencies involved looking at issues like the potential collapse of the wind turbines due to caverns underneath the sites. Rogers said she was told by project workers in the area that they only drill three to seven feet deep to test soil beneath the proposed wind turbine sites when caverns can be far deeper than that.
“He admitted that isn’t deep enough,” Rogers said. “They are planning to widen and straighten the county road and to change our peaceful landscape by erecting wind turbines. As far as I know, these plans have not had a thorough public discussion. Shouldn’t the residents be informed of environmental risks? The fact that really aggravates me is I live on this road, and could have a turbine across the road from me. But I have no say in what is going to happen.”
Rogers said she was contacted about the project once about eight years, and heard nothing more until about two weeks ago.
One of the top factors listed on Scout’s website as consideration for locating an alternative energy facility is a favorable local policy. Carroll County has no zoning or any regulations regarding wind generation.
Scout has not announced how high the wind turbines would be. An article on the website EnergyCentral.com regarding a proposed Scout project in South Central Washington said that wind turbine height proposed there would be up to 496 feet with some as high as 671 feet, taller than the Space Needle. That project was blocked by the county commission.
Rogers said a simple Internet search will reveal a long list of concerns with wind turbines. She said many people who leased their land for the turbines thinking they would make a lot of money and it would be good for the environment now say, “I wish I hadn’t done it.”
Rogers is particularly concerned about a strobe-like light effect from the turbine blades moving with the sun behind them. It is called “shadow flickering”. Rogers said studies have shown this is dangerous to people and animals.
“It’s like being on a continuous merry go around…it messes with your senses,” she said. “To boot, there is no relief at night. On and around a full moon, it will still happen.”
Another risk, Rogers said, is damage to the spring which is her water supply. She is concerned other people’s springs and water wells could also be disrupted. If people lose their source of water, will there be any recourse?
Another local opponent, Don Randolph, said the vibrations from the wind towers could very well disrupt wells, springs and caves. He is also concerned about the impact if, as he suspects, there is an earthquake fault zone in the area.
Then there are tornadoes common in this very windy area. Randolph said Nov. 5, 2022, he experienced a tornado that felled 30 huge oak and pine trees on his property.
“We were hit very hard up on the mountain,” Randolph said. “This is a very special area. I’m very much against this project.”
Recently there was a National Weather Service warning for winds of 60 to 100 miles per hour in the area.