Library from Indiana
There is no danger of an area aquifer being polluted by a proposed wind energy project in Fayette, Henry and Rush counties.
“All of the representatives of the Federal and State agencies we have talked to so far have indicated to us they feel that the greatest risk to this aquifer is contamination by diesel fuel, hydraulic fluid, other onsite chemicals or lubricants,” he added. “Also, surface water runoff into open pit construction sites is a major concern and a possible source of contamination ... we were shocked to learn that no studies or special permits were needed to construct wind turbines on top of this aquifer.”
West Fork Wind LLC, also known as NextEra Energy Resources, last month filed a civil action in Rush Superior Court requesting a judicial review of the Rush County BZA’s decision, in December 2016, regarding NextEra’s special exception permit application for the construction of 22 industrial wind turbines within the county, as part of the West Fork Wind Energy Center project. The project is slated to span Rush, Fayette and Henry counties.
The Indiana Court of Appeals Tuesday morning issued its opinion on the case involving Flat Rock Wind, LLC. – also known as Apex Clean Energy – and the Rush County Area Board of Zoning Appeals, with that opinion upholding the decision back in July 2015 to enact a 2,300-foot setback distance, from non-participating property lines, on Apex’s special exception permits for construction of industrial wind turbines as part of the proposed wind project which is slated to span both Rush and Henry counties.
An application prepared by Apex Clean Energy to construct and operate the Flat Rock wind facility was submitted to the Rush County Board of Zoning Appeals (the “BZA”) on March 15, 2015. The 180 MW project consisted of 95-3 MW turbines with approximately 66 turbines located in Rush County and the remaining turbines to be sited in Henry County. The Rush County BZA ultimately approved the application with the condition that the setback distance between the wind turbines and non-participating properties be 2,300 feet. The County's ordinance established a setback distance of 1,000 feet. Apex filed a petition before the Rush County Superior Court for judicial review of the BZA’s decision. On May 27, 2016, a judge issued findings of fact and conclusions of law that upheld the BZA’s approval with the 2,300-foot setback provision. Apex appealed the decision to the Indiana Court of Appeals. The decision by the Appeals Count was in favor of Rush County. The full decision can be accessed by clicking the links on the page. A portion of the decision is provided below.
With debates raging throughout Fayette, Rush and Henry counties regarding slated wind farm projects in the area, a state representative is pushing for legislation which would give residents more of a voice concerning such issues.
Seven years ago, a company came to Fayette County wanting to develop a Commercial Wind Farm in Posey and Fairview Townships. They claim they were “invited” by the people of Fayette County. There are a lot of farmers and homeowners in Fairview and Posey Township who would like to “un-invite” them and send them back where they cam from – except it’s difficult to tell exactly where they came from.
The Area Plan Commission voted unanimously Tuesday night to reject all 11 objections made by the Clinton County Commissioners regarding the LUPAC/Wind Ordinance before a packed Circuit Court Courtroom on the third floor of the Clinton County Courthouse.
Not only were those special exception applications denied by the BZA, they added their own requirements for setback distance and turbine height for future special exception applications NextEra might submit. The BZA announced that any wind turbines constructed by NextEra, in Rush County, must adhere to a 2,640-foot setback from non-participating landowners, in addition to be 200 feet or less in height.
“I make a motion that we accept the application if setbacks are set back moved to 2,640 feet from and property line and the height restricted to 200 foot for turbines,” Steve King said. Dohn Green seconded the motion. "If they are set at 2,640 feet, it will reduce the flicker, protect human health, property value and sound/vibrations," King said. "The lower height is less visually intrusive. I think the trees would help screen them.”
There were a total of 11 (eleven) amendments made to the existing Area Plan Wind Ordinance committee verbiage.
Dozens of residents came to a Wednesday night county commissioner’s meeting thinking they still had one more chance to sway county commissioners to vote “no” to Apex Clean Energy and its wind turbines. But they soon found out their input and a vote by the commissioners weren’t need all.
The fate of two proposed wind projects, at least in Rush County – the Flat Rock Wind Project led by Apex Clean Energy, and the West Fork Wind Energy Center, led by NextEra Energy Resources – could very well be determined in the next month, beginning this very week.
Although the exemption passed, Etchison said the debate is not over and there is still recourse for those opposed to the turbines. "The system allows for an appeal," he said. "This is surely not over."
On Monday night the Warren County Board of Zoning Appeals approved an exemption allowing development plans for Jordan Creek Wind Farm to progress in the county.
The parties’ contract anticipated who is liable when transmission facilities are not available. “Duke is to pay for power not taken,” Easterbrook wrote. “Duke could build its own transmission lines or buy extra capacity from NIPSCO [a grid owner] or some other firm.”
There’s been some fuss recently, among some of the local population, regarding a couple of recent decisions made – and actions taken – by the Fayette County Board of Commissioners.
Wayne County residents will have an opportunity to give their opinion of wind farms during a special meeting of the Wayne County Advisory Plan Commission next week.
HENRY COUNTY, Ind. -- There are plans for more than 100 wind turbines to be built in the countryside of Henry County, and opponents of the plans aren't happy.
The Hagerstown Town Council plans to enact a zoning change that will effectively ban industrial-sized wind turbines in an area referred to as the two-mile fringe, council members told a room full of area residents Monday. The two-mile fringe is an area outside of town where town development and zoning standards apply.