Opponents of the proposed Scout Clean Energy Nimbus Wind Facility have been vocal in disapproval of the lack of regulatory oversight for the proposed $300-million project proposing 46 wind turbines more than 600 feet tall to be constructed near County Roads 905 and 920 near Green Forest. Scout has said it doesn’t need permits from the Arkansas Public Service Commission because it is an independent power producer that will be selling the electricity generated out of state.
The Carroll County Quorum Court has voted against a moratorium on wind turbines and against minimum setbacks for neighboring properties. The QC has been firmly opposed to regulations that could interfere with private property rights.
Now opponents are seeing critical oversight as a result of State Fire Marshal Dennis Free reversing an earlier decision that the project doesn’t fall under the Arkansas Fire Protection Code (AFPC) 2021, Volume II.
In an email May 21 to former County Judge E. Richard Williams, who lives near the proposed project, Free said the State Fire Marshal’s Office will require an independent third-party peer review on the footing, foundation and anchoring for the turbine projects.
In mid-April, Free wrote in an email to Carroll County Judge David Writer that he didn’t think the wind facility would fall under the auspices of the 2021 AFPC, Volume II.
“The building official is authorized to waive the submission of construction documents and other data not required to be prepared by a registered design professional if it found that the nature of the work applied for is such that review of construction documents is not necessary to obtain compliance with this code,” Free wrote earlier. “The windmills (turbines) are no different than large electrical power lines, which do not require construction documents. Wind turbines are new to Arkansas and there are no International Code Council adopted codes to regulate them.”
In the more recent email, Free thanked Williams for being patient with Free as he made a decision, and for providing Free’s office with concerns and information on wind turbines. Free said the fire marshal’s office can only take into account fire and building codes for a project, and not zoning or public comments.
“Wind turbines are new to the State of Arkansas and we have two proposed locations at this time, one in Carroll County and one in Cross County,” Free wrote. “I have reached out to the National Fire Marshal’s Association for guidance and the ones that responded stated that the only plan review and permitting that were given by their offices was for the footing, foundation and anchoring, and that we should require a third-party peer review of these plans. No permits were issued for the wind turbines themselves. I also reached out to the International Code Council for their guidance and was told to treat them as public utility. However, these are not public utilities, but a private company selling to a public utility.”
Williams called this encouraging.
“To me, having to meet the criteria for the AFPC is at least a step in the direction to get professional oversight with a third-party involved in the inspection,” Williams said. “Right now, the oversight by the Fire Marshal’s office is just for the foundations, but that is important because of our concerns about how excavation and construction of the foundations will affect underground water resources including springs and wells. I support the inspection of the total project from the ground up.
“We are also hopeful that Scout Clean Energy will decide to install fire suppression systems on the turbines in order to prevent the kind of catastrophes that have resulted from wind turbine fires in other areas of the country. Concerned Citizens of Carroll County and their supporters also would like to see other regulatory officials involved in the project, such as those with the Arkansas Department of Environmental Quality.”
Williams said Holiday Island, Green Forest, Berryville, Eureka Springs and Oak Grove have all adopted the AFPC 2021. He said it would be appropriate for Carroll County to adopt the same code to protect citizens and the environment. “It is my understanding that this has been recommended to the county in the past by a retired fire marshal,” he said.
However, even without the county adopting the code, Williams said the AFPC 2021 requires permit applications and oversight for any buildings or other structures that are three or more stories high. “The AFPC 2021 applies to all counties in the state and requires permit applications, construction documents, testing and inspections for any structure in the state that is three or more stories tall,” he said. “Assessments are required by an Arkansas licensed architect.
“County Judge David Writer and most members of the QC have said they are opposed to land use regulations and have voted against any resolutions to provide protection of our water and property rights from the Nimbus project proposed by Scout Clean Energy, a foreign-owned entity. But AFPC 2021 clearly states that oversight and testing is required.”
Williams said the issue is not regarding planning and zoning, but public health, safety and welfare for property owners.
AFPC 2021 (A) 107.1 states: “General. Submittal documents consisting of construction documents, statement of special inspections, geotechnical report and other data shall be submitted in two or more sets, or in a digital format where allowed by the building official with each permit application. The construction documents shall be prepared by a registered design professional where required statutes of the jurisdiction where the project is to be constructed. Where special conditions exist, a building official is authorized to require additional construction documents to be prepared by a registered design professional. A registered design professional, an architect or engineer legally registered under the laws of this state regulating the practice of architecture or engineering, shall be required and shall affix his or her official seal to said drawings, specifications and accompanying data for the following: … 2. Buildings and structures 3 or more stories in height. 3. Buildings and structures 5,000 square feet or more in area.”