Rumors have swirled around the proposed $300-million Scout Clean Energy Nimbus Wind Facility for months that the project was being scaled back. Now a local opponent of Nimbus, George Caudle, received information from a Freedom of Information Act request to the Federal Aviation Administration (FAA) regarding wind turbine #3 that states, “Initial findings of this study indicate that the structure as described exceeds obstruction standards and/or would have an adverse physical or electromagnetic interference effect upon navigable airspace or air navigation facilities. Pending resolution of the issues described below, the structure is presumed to be a hazard to air navigation.
“To pursue a favorable determination at the originally submitted height, further study would be necessary. Further study may include distribution to the public for comment and may extend the study period up to 120 days. The outcome cannot be predicted prior to public circularization. If you would like the FAA to conduct further study, you must make the request within 60 days from the date of issuance of this letter.”
At the bottom, the FAA adds in all capital letters: Note: Pending resolution of the issue(s) described above, the structure is presumed to be a hazard to air navigation. This letter does not authorize construction of the structure even at a reduced height. Any resolution of the issue(s) described above must be communicated to the FAA so that a favorable determination can subsequently be issued.
The letter was sent Dec. 12, 2023, from the FAA Southwest Regional Office Obstruction Evaluation Group, Fort Worth, Texas, to Dave Iadarola, Nimbus Wind Farm LLC, Boulder, Colo.
Caudle said similar notices have been sent for other proposed wind turbines.
“The FAA determined that each of the wind turbine towers exceeded the FAA’s aeronautical obstruction standards and/or would have an adverse physical or electromagnetic impact on several area airports including the Arkansas airports Boone County Airport and Fort Smith Airport, and the Missouri airports in Springfield, Cassville, Branson and Branson West Muni-Emerson Field Missouri,” Caudle wrote in an email to the Eureka Springs Independent. “However, we have spoken with several of these airport administrators, and they told us the FAA has not sought their input as to the potential negative impacts the wind farm might have on their facilities.”
Scout made a new application to the FAA on January 10, and a new public comment period is planned. A date for that has not been set.
Caudle said Scout/Nimbus proposed to the FAA to reduce the height of 11 wind turbine towers to reduce some negative impacts on the Boone County Airport, but not all negative impacts.
“Several members of the Carroll County Quorum Court (QC) told me that Scout had promised that the wind turbine farm would be equipped with a radar-enhanced lighting system that would cause the nighttime lighting of the turbines to be off except when an aircraft was approaching,” Caudle said. “This system is called by the FAA an Aircraft Detection Lighting System, or ADLS, and the FAA must approve the system before it is installed. The construction information provided by Scout/Nimbus to the FAA so far does not indicate that Scout/Nimbus has asked the FAA to approve an ADLS for its Carroll County wind farm.”
Nimbus opponent Caroline Rogers, who lives near the site of some proposed wind turbines, said Scout talks about being transparent and open, and company representatives had numerous opportunities at every single QC meeting to indicate the project was being reconfigured because of limitations from the FAA.
“They could have called the newspaper and had an article written on it,” Rogers said. “Richard Williams and I contacted 13 airports or air strips in the area, and an Air Evac helicopter service in Harrison. Not one knew about the turbines or the FAA comment period.”
Rogers is concerned about another situation with the turbines, a wake. Just as boats in a lake create a wake in the water, wind turbines create a wake in the air that creates turbulence.
“That is going to be another major issue for recreational pilots who will fly from Rogers to Harrison just to have lunch or fly up to a vacation spot on the lake,” Rogers said. “The wake is not covered in FAA documents. A lot of small single-engine and twin-engine planes are not as equipped as larger planes, and they use visual line of sight.”
Rogers also questions Scout’s estimates of how much money the project will generate for Green Forest Schools. First, when local school districts get more local tax money, allocations from the state may decrease, which could result in there being no net tax gain. Second, who will assess the value of the turbines?
“Is Scout assessing its own turbines?” Rogers asks. “Isn’t that the job of the county assessor? Scout had a facility in Dewey County, Oklahoma, where they protested the assessment from the assessor. Oklahoma has thousands of wind turbines. The assessors know their jobs. Arkansas doesn’t have any turbines. I don’t know if they have figured out the value.
“After three years of protests and suing Dewey County, the assessed value of the Scout wind facility was down to less than half of what it was initially. The last time I talked to the assessor there, Scout had not paid its taxes and they wanted a refund with interest on its escrow account. The tax amount was put into an escrow account while the taxes were contested. The county hopes they will pay; Scout is hoping the county will settle for a discount.”
Dewey County had assessed the Persimmon Creek project at $76 million. Rogers said Scout protested the amount, which is legal to do. Three years later Scout wanted to pay taxes on $24 million.
Rogers said she is also concerned that Scout sold that facility after five years. Local opponents have said you can’t rely on the promises of a company who probably isn’t even planning long-term ownership of the facility.
Opponents have also said the huge turbines are inappropriate in a scenic, mountainous area prone to tornadoes and that doesn’t have adequate roads to support transport of the wind turbine components.
Julie Morton, who has worked in the energy field for 43 years, said it is concerning that Scout didn’t know earlier about the hazards to navigation. She contends that should have been evaluated a long time ago.
“I just can’t imagine how they missed it this bad,” Morton said. “If they missed what the FAA would allow so badly, how can we trust them on anything going forward?
If the electromagnetic interferences are going to be dangerous to airport radar miles away, what impact are they going to have on the health for people and animals living right under them?”
Morton also questions how compensation to landowners will be impacted with the size of the turbines reduced, which means they won’t be catching as much wind.
The Nimbus Wind Facility initially planned for up 43 wind turbines with some nearly 700-ft. tall in a rural area near Green Forest off County Roads 905 and 920. Opponents have flocked to meetings of the Quorum Court to ask for protection from the project they fear could damage springs, drinking water, present a danger from fires caused by lightning strikes or turbine collapses, cause damaging health effects to humans, domestic animals, birds and bats, and greatly depress property values. Landowners with leases strongly support the facility. The QC has voted against several motions regarding proposed setbacks and a moratorium on construction of wind turbines. A majority of Carroll County Justices of the Peace oppose limiting what someone can do on their private property.
Scout had said that it is vital to create more green energy from sources such as wind turbines, and willing landowners had signed leases for the project. Scout earlier said the facility would generate 180 megawatts, enough to power 30,000 homes, and that it doesn’t need permits from the Arkansas Public Service Commission because it is a wholesale electric generation facility that will see the power out of state. A customer for the electricity has not been announced.
A request for comment from Scout/Nimbus officials was not returned prior to deadline.