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Order denying permit for APEX Timbermill Wind proposal

In a 3-2 vote, the Perquimans County Board denied an application by Apex Clean Energy to erect the Timbermill wind energy facility. Timbermill, if approved, would have sited 57 turbines, each standing 599-feet tall. The order detailing the decision can be accessed by selecting the document icon on this page. The Conclusion of the order provided below.

Conclusions

1. Based on the above findings and the whole record, three members of the Board (a majority) have determined that Timbermill failed to satisfy all four general requirements set forth in Section 903. Specifically, three members of the Board (a majority) found that at least one of the four general requirements in Section 903 were not satisfied by competent, material and substance evidence in the record.

2. Timbermill failed to meet its required burden of proof to obtain the requested conditional use permit.

3. As demonstrated by the above findings and based on evidence contained in the whole record, Timbermill failed, as to Commissioners Leigh and Nelson, to present competent material and substantial evidence on the requirement that the proposed use will not substantially injure the value of adjoining or abutting property.

4. As demonstrated by the above findings and based on evidence contained in the whole record, Timbermill failed, as to Commissioner Jones, to present competent material and substantial evidence on the requirement that the location and character of the use, if developed according to the plan as submitted and approved, will not be in harmony with the area in which it is to be located.

A majority of the Board, in the aggregate, concluded that Timbermill failed to present competent material and substantial evidence on all four of the required general conditions contained in Section 903 and, as such, the majority voted to deny the Application. 

Wherefore, based on the majority vote of the Commissioners to deny the Application for failing to meet its burden on all of the general and specific conditions of the Ordinance, and for the reasons set forth herein, the Application is hereby DENIED.

 

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Timbermill Order

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NOV 22 2016
http://www.windaction.org/posts/45968-order-denying-permit-for-apex-timbermill-wind-proposal
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