Supervisors made no comment on the Rocky Forge Wind Farm ruling

Calling it a “clear misinterpretation of the law,” Kim Young, a senior official for Apex Clean Energy, urged the Botetourt County Board of Supervisors to “reengage” with the company over the Rocky Forge Wind project in Eagle Rock during public comments at the Board’s July 27, 2021 monthly meeting.

Earlier in July, County Zoning Administrator determined that the company had not met a May 26, 2021 deadline set by the Supervisors back in May 2020. Additionally, the Zoning Administrator ruled that a state law passed by a special session of the Virginia General Assembly in October 2020 that extended timelines of some projects until July 1, 2022 because of the Covid-19 pandemic, did not apply.

Young told the Supervisors that the company had attempted to meet all requirements, but “the county refused to process” the application because Apex had not supplied all materials requested. Young noted the company had signed agreements to supply energy with several corporations.

“We are ready to reengage with the county to bring in over $20 million in revenue,” he said. He added that the company was also ready to take the Special Exception Permit (SEP) denial to the county’s Board of Zoning Appeals. If that failed, the company could then go before the Botetourt County Circuit Court.

The county issued its opinion after Virginians for Responsible Energy asked the county to evaluate the validity of the project’s SEP. The county originally issued an SEP for the project in 2016 and extended it in 2020. At that time, Apex sought to change the SEP so that it would involve 14 wind turbines that would have been more than 600 feet high. The project would have been located on North Mountain outside of Eagle Rock.

The extension provided that the SEP would terminate if the county had not approved a final site plan by May 26, 2021, and the county did not approve a final site plan by that date.

The expiration of the SEP means that Apex cannot build the wind farm project unless it appeals the Zoning Administrator’s ruling and wins its case.

The Supervisors heard an informational report on this issue during the meeting, but made no comments about the project.

                                                                                          — Anita Firebaugh, Special to The Botetourt Bee, photo rendering Apex Clean Energy