SEP state code, BoCo document review and more truths in latest on Rocky Forge Wind Farm

With multiple delays pending on the project, the wind farm known as Rocky Forge continues to creep along as its developers work with county, state, and federal officials. The company also has a lawsuit pending against it, currently scheduled for an August hearing.

APEX Clean Energy, Inc., of Charlottesville, VA, plans to build a wind farm on 7,000 acres of private land atop North Mountain in Eagle Rock, in northern Botetourt County. The initial special exception permit for the project was issued in 2016.

In May 2020, the company asked for modification and extension of the SEP and indicated completion of the project was scheduled for the end of 2021. The modification would allow for newer turbine technology to be considered.

The new SEP asked for 14 wind turbines that would be roughly 450 feet tall with an overall blade tip height of up to 680 feet. According to the revisions, there would be fewer turbines that in the initial phase of the project. The turbines are expected to generate enough electricity to power 21,000 homes.

The Supervisors, when agreeing to the SEP changes, at that time placed a May 26, 2021 end date on the project.

The prospect of large wind turbines on North Mountain has brought a dedicated contingent of citizens from the Eagle Rock community as well as many from Rockbridge County to multiple Board of Supervisors meetings to object to the project. The citizens have asked the supervisors to revoke the special exception permit for the project and have gone into detail about what they consider to be issues that should force revocation of the permit.

With the SEP deadline of May 26 looming, some members of the public may have hoped the project would disappear because as of the May 25, 2021 Board of Supervisors meeting, the county had yet to receive all required documents. However, County Attorney Michael Lockaby informed the Supervisors then that the recent Virginia State Legislative Session may have given the project more time.

The legislature made changes to Virginia Code section, 15.2-2209.1:1, effective March 1, extending any Special Use Permits (SEP) that were outstanding as of July 1, 2020, to July 1, 2022.

“The question is whether or not this applies to this wind farm,” Lockaby told the Supervisors and members of the audience. He noted then that Apex and an environmental group in favor of the wind farm had asked the county’s zoning office for an opinion on the deadline.

“It’s a factually complex situation,” Lockaby said. He said he considered it an administrative interpretation of the Virginia Code section though he did not indicate why he thought this project could be exempt from the July 1, 2022 deadline.

The Supervisors, Lockaby added, could not make decisions about Rocky Forge. They had turned the matter over to the county’s planning and zoning staff and it was up to that office to make the determination about the paperwork, which Pendleton said consisted of well over 1,000 pages of documentation.

County officials continue to review the request from Virginians for Responsible Energy and APEX regarding the Virginia Code section change, according to the county’s June 7 press release. However, the Virginia Code does not appear to deny or exclude any SEP permits in the Commonwealth.

On June 7, Botetourt County’s Department of Community Development issued written comments about on-site development plans to APEX Energy about the company’s site development plan, according to a county press release. Virginia Department of Transportation and local emergency response officials also reviewed the documents. Reviews of off-site development plans submitted by APEX are still underway.

The county has hired Antares Group Incorporated, an independent consulting firm that specializes in assessing renewable energy projects, and VHB, an environmental review firm, to review the plans as well.

“This is part of the typical approval process for development projects,” Community Development Director Nicole Pendleton said. She noted that the county does not normally deal with such detailed projects, and that was the reason for hiring consultants to assist in the review process.

Construction activity may not begin until plans are approved by VDOT and Botetourt County zoning officials. A recent inspection of tree harvesting on and around the site indicated the work was being performed under a Virginia Department of Forestry permit granted to the property owner and therefore was not within the county’s regulatory authority, according to the June 7 press release. The county has not issued any land disturbance or construction permits for the Rocky Forge project.

Natasha Montague, a spokesperson for Apex Clean Energy, expects the project to move forward. “We are confident that the language and intent of the state law which extends local permits due to the COVID-19 pandemic is applicable to Rocky Forge’s permit with the county,” she said.

The lawsuit filed by a local citizens group and others to stop the project was originally scheduled for April. It has been pushed back to August 20 at the request of the judge hearing the matter. Local environmental organizations reportedly expect the lawsuit to have no impact on construction of the wind farm.

Montague also said that Rocky Forge Wind has received Determinations of No Hazard from the Federal Aviation Administration. Additionally, the project has received the nod from the U.S. Air Force after consultation with the Department of Defense clearinghouse and The Pentagon. The turbines should utilize night-vision compatible Federal Aviation Administration lighting to ensure the military can meet mission goals within the airspace near the project.

Apex representative have said Rocky Forge Wind should generate enough energy to power up to 21,000 U.S. homes annually. The company secured a power purchase agreement for the electricity with the State of Virginia in 2019. During construction, the company expects to employ approximately 250 people. Upon completion of the wind turbines, a minimal number of technician and maintenance jobs would be in place. Charlie Johnson, an official of Apex, estimated the first year tax revenue for Botetourt County at $1 million.

                                    — Cathy Benson and Anita Firebaugh photo Wind Farm Icon from Apex Clean Energy