Rocky Forge Wind Energy project returns via Botetourt Zoning Appeals Board

With a 5-0 ruling to over turn the Planning Dept recommendation by the Botetourt Board of Zoning Appeals, Wind Energy came back with a gale force on Tuesday, Oct. 12. Led by one of the best appelate lawyers in the Commonwealth of Virginia, Robert Loftin, of McGuire Woods argued successfully the code did apply to the Rocky Forge project. Aided by the expterise on why the SEP Code of Virginia passed by the General Assembly in March of 2021 for Pandemic relief did apply, by Del. Terry Austin explained why the law was passed via a letter from the Senator who drafted the legislation. The ticks were made in defense of Apex Clean Energy and the Rocky Forge Wind project. The zoning appeals members agreed unanimously.

In July the Board of Supervisors allowed that the expiration date was May 26, 2021. Drew Pearson of Planning and Zoning made the ruling. County Attorney Mike Lockerbie had his defense of the county decision today in the Zoning Appeal.

Apex filed suit against Pearson and Botetourt County in September. The County still may take the case to the Circuit Court in Botetourt. However, the lawsuit against the court may stay in place according to Apex’s attorney in a published report.

With bills mounting close to 50 million dollars for court house renovations and Pubic Safety, Fire and EMS communications equipment needs, the money from the wind project could provide some financial relief to the tune of an estimated 30 million over the lifetime of the project.

As for Apex Clean Energy, they had this to say:

“ We are pleased with the BZA’s unanimous ruling that the COVID extension law passed by the Virginia General Assembly applies to Rocky Forge. We are grateful that the author of that legislation was willing to confirm its intent. As Senator Lewis wrote in his comments to the board, “We drafted and passed this legislation with the intent that it would provide statutory relief to all projects affected by the current pandemic, and intended for it to cover all current development projects.

We appreciate the hard work by so many in the county to help us make this project the strongest it can be, and we look forward to getting back to work together.”

–Cathy Benson