After a request to construct a big photo voltaic farm in west Pender County was denied by commissioners, a California-based developer is taking authorized motion to maneuver ahead with a undertaking with a price ticket of $300 million.
Throughout a gathering in September, officers made a unanimous determination resulting from environmental issues behind Coastal Pine Photo voltaic, LLC’s request for a particular use allow to construct a 2,360-acre photo voltaic farm on a parcel with greater than 6,500 hectares of land.
Tom Terrell, an legal professional and associate on the Fox Rothschild legislation agency, represented Coastal Pine Photo voltaic, LLC to attraction the choice. Below North Carolina legislation, Terrell stated particular use permits are granted based mostly on proof introduced at a listening to.
“A board member’s emotions and opinions, regardless of how strongly felt, are irrelevant,” Terrell informed the StarNews. “This has been our legislation for many years. Proof is submitted beneath the identical circumstances and weighed as if the matter had been earlier than a courtroom, that’s, beneath oath and beneath cross-examination.”
The vote was made in September, a number of months earlier than the board decided to vary zoning laws associated to photo voltaic farms and the place they are often developed. The choice on December 5 was made a number of days after the case was filed in late November.
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Throughout a Sept. 19 public listening to, commissioners introduced up issues similar to runoff and flooding points from logging for the 200-megawatt photo voltaic farm, which might produce sufficient vitality to energy 50,000 houses with panel that collects warmth from the solar. There was additionally a priority raised about how one can eliminate the farm when it now not works. Photo voltaic officers stated it may last as long as 25 years.
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County officers stated the undertaking doesn’t match the realm’s agricultural space, which may take up land equal to 1,787 soccer fields after the property was bought by the Evergreen Timber Firm. The property is west of Penderlea Freeway and Horse Department Highway, south of Shiloh Highway, east of US 421 and NC 11, and north of Piney Woods Highway. The chosen areas are within the cities of Burgaw, Columbia and Union.
Terrell added that board members ordered by the state supreme courtroom can’t be their very own witnesses, nor will they – like a choose in a courtroom listening to – speak to residents exterior the listening to.
“The Pender County Board is violating all of those guidelines, and never out of ignorance,” he stated. “The board member who boasted that he obtained info from the farmers earlier than the listening to additionally described, in the identical remark, that the board’s lawyer lectured them concerning the guidelines.”
Terrell stated that the county should put together and file the report concerning the petition. Because of authorized issues, Jackie Newton, chair of the Pender Board of Commissioners, couldn’t remark. As of Monday, Dec. 26, Pender’s legal professional Trey Thurman couldn’t be reached.
Reporter Chase Jordan will be reached at [email protected]
