Photo From The Greene County Newsletter by Greene County Commissioner Derek Burress.

From The Greene County Newsletter, written by Greene County Commissioner Derek Burress:

The Greene County Board of Adjustments convened on Thursday, January 9, 2025, at the Greene County Operations Center in Snow Hill to consider Special Use Permit BPSP-24-8 for the proposed Muskov Energy Center. This 1,183-acre solar facility, if approved, would become the county's largest solar installation, sparking significant debate among residents.

Project Overview and Economic Development

Chelsey Lucas, the project developer for NextEra Energy, presented plans for the center. The facility, with a planned capacity of 130 MW solar and 52 MW Battery Energy Storage System (BESS), will generate sufficient energy to power an estimated 10,000 to 15,000 households.

Lucas detailed the project's economic benefits, including an estimated $200+ million in new capital investment, over $10 million of economic output to the local community, and $3 million in tax revenue directly to the County.

She also emphasized that the project would create over 200 construction jobs and several full-time operations positions.

Engineering and Security Features of the Solar Facility Explained

Doug Morris, an engineer from Tetra Tech, followed with a technical presentation. He explained that the facility would utilize single-axis tracking panels that follow the sun's path throughout the day, maximizing energy production. The project would include 50 battery storage containers to enhance grid reliability and stability. "The initial layout represents the maximum extent," Morris said, "and we anticipate potential reductions during the final stages of engineering and site development."

Morris outlined the security measures, including a six-foot chain-link fence surrounding the entire facility, 500-foot setbacks from residences and churches, and 40-foot setbacks from public roads. A 15-foot vegetative buffer would minimize visual impact, with solar panels maintained within an 8-10-foot range to comply with the 12-foot maximum height restriction.

Wildlife and Environmental Considerations

Morris also addressed concerns about wildlife movement through the property. While the current plan includes complete fencing without designated wildlife corridors, he noted that wildlife corridors could be incorporated into the design based on specific parcel requirements. This approach has been successfully implemented at other solar facilities. The current design would require wildlife to redirect their movement patterns around the facility's perimeter.

Adherence to Local Regulations and Environmental Standards

Experts also presented detailed testimony on the project's full compliance with local ordinances and safety protocols. "The team has committed to submitting detailed decommissioning plans before construction, along with financial guarantees through bonding to ensure proper site restoration at the end of the facility's lifecycle," one witness explained.

They also highlighted the project's minimal environmental impact during operations, emphasizing that the facility produces no emissions and uses very little water. “Regular inspections will be conducted to ensure continued compliance with local regulations and maintain all safety protocols.”

Property Value Impact Study

Nick Kirkland of Kirkland Appraisals in Raleigh testified on the impact of solar facilities on property values, drawing from data collected by 189 tax assessors across 10 states. “Our research indicates no significant impact on property values adjacent to existing solar facilities,” Kirkland stated. However, when asked about local comparisons specific to Greene County, he acknowledged, “There’s not any matched pairs from Greene County. And the main reason for that is, what we’re talking about is there’s not that many solar facilities in the ground in the county right now. So the best way to derive that is finding similar value areas and comparisons.”

Kirkland presented data from properties dating back to 2014, alongside additional information from 2017 to 2019. His findings showed consistent property prices for those backing up to solar facilities compared to those that did not.

Tosco Affirms Applicant’s Qualifications for Special Use Permit

Project attorney Nick Tosco of the Poyner Spruill law firm addressed the board, emphasizing the applicant's entitlement to a special use permit. He referred to expert witness testimony, which confirmed that all local conditions had been met and that the applicant had satisfied the four required findings. Tosco stated, "So as long as the applicant puts forth competent, material, and substantial evidence that those standards are met, they are entitled to the special use permit." He clarified that under North Carolina law, once the necessary evidence is provided, the applicant is entitled to the permit.

Board Members Question Expert Witnesses

After Tosco's comments, Board of Adjustments Chairman Leslie Mooring asked his fellow members if they had any questions for the witnesses. Several members asked questions, leading to clarifications from the expert witnesses.

Mooring then inquired about the Battery Energy Storage Systems (BESS) included in the project plan, specifically how long the batteries would last. Expert witnesses referred the question to a representative in the back of the room, who stepped forward. He explained that the system uses lithium-ion batteries and is expected to last 10 to 15 years.

It was then that a member of the public asked what would happen if one of the batteries caught on fire. The room fell silent, with no one stepping forward to answer.

A local firefighter, addressed the question, detailing the complexities of combating lithium-ion battery fires. These fires are particularly challenging due to a phenomenon known as thermal runaway, where the overheating of one battery cell triggers a chain reaction in neighboring cells, causing the fire to spread rapidly. “These fires demand large volumes of water, and even then, complete extinguishment is not guaranteed,” he explained.

He further emphasized that when dealing with fires involving multiple battery storage units, the most effective strategy is often to focus containment and protection of nearby property, as extinguishing such fires can require a substantial amount of time and resources.

Kirkland Returns to Address Board Member’s Question

Kirkland returned to the podium to address a question from the board. As he turned to return to his seat, a resident questioned the validity of his findings. After asking which counties his data was drawn from, the resident expressed her concerns. “I’m worried that the data presented may not accurately capture the potential impact on property values here in Greene County,” she stated. “We need to account for the unique characteristics of our community—our rural landscape, the importance of tourism, and the potential visual and aesthetic impacts this project could have.”

At this point, project lawyer, Nick Tosco, interjected to address the format of the proceedings. "I'm sorry," he said as he rose from his seat in the front row. "This is supposed to be expert testimony. Members of the public aren't allowed to question the experts' testimony. It's simply not allowed," he stated.

After no further questions from the board, the floor was opened to the public.

Honeycutt Raises Concerns About Notice Period and Ordinance

Eve Honeycutt, a resident of Hookerton, then took to the podium to express her concerns about the notice period. "I understand that the public notice of this permit request was done within the required time frame," she said. "Personally, I did not know about it until it circulated on social media around December 20. And I think we can all agree that the number of actual business days between December 20 and today is very few. If a landowner were trying to retain someone to provide factual information to this board, they would have a very difficult task.

An attorney, appraiser, environmental specialist, or other expert hired by a private landowner would need time to do their research to provide the facts that you all have asked to be presented. The company presenting tonight had well-prepared attorneys, engineers, and appraisers, but the landowners and taxpayers in this county did not have the same amount of time to prepare their own experts. Given the public notice requirements, I ask that this board delay your decision to allow adequate time for you to consider the request and for the public to properly research the decision."

Honeycutt also raised concerns about the county's solar farm ordinance. "I would also like to point out that your current solar ordinance, which has been referenced several times, talks a lot about what is in it, but not much about what is not in it. What is missing is the word 'decommission.' There is one sentence that discusses the responsibility of the parcel owner to remove all obsolete or unused systems within 12 months of cessation of operations, and that reusable components are to be recycled whenever possible. That's it—the word 'decommission' is not in your ordinance, although it was mentioned several times during the presentation tonight."

Honeycutt also mentioned that she had conducted her own research into recently published scientific studies. Before she could continue, Tosco stood up and reminded the board, stating, "What she's referring to is not expert testimony, and that's simply not allowed. I just have to point that out."

Expert Testimony and Board Procedure

County Attorney Gay Stanley confirmed Tosco’s statement, explaining that only expert testimony could be considered. She clarified that board members could not conduct independent research or discuss the matter privately. "You cannot discuss this matter with anyone on the street, read about it on social media, or conduct your own investigations," Stanley stated. "Your deliberations must be public, and all discussions should occur in this room, in front of all parties involved."

An audience member then asked, "So if we're not allowed to provide the board information, how do they get their information? Obviously, they've heard from this company before tonight."

Stanley provided a brief overview of the meeting format, explaining that it functions as a quasi-judicial hearing. Both parties are given the opportunity to present witnesses, and board members, acting as judges, can question those witnesses to ensure fairness. She emphasized that the process relies solely on evidence presented during the hearing.

Stanley then clarified that if the board wished to consider testimony from additional experts, the meeting would need to be recessed to allow the public time to secure such witnesses. “If the board decides to go in that direction, we would need to recess the session to provide the public an opportunity to contract with experts," she added, ensuring the board understood the procedural requirements.

Motion to Postpone the Decision

Board member Jessica Byrd then moved to postpone the decision. "Given the complexity of this project and the concerns raised by our community," Byrd stated, "I believe we need additional time for further research and a more comprehensive review of the potential impacts." Board member Salvador Tinoco seconded the motion and then said, "I want to piggyback on that. I think the information needs to be checked out by everybody. I am for growth( growth and economic development. However, I do feel like there has to be an opportunity for research."

The board approved Byrd’s motion to postpone the decision for 30 days, allowing residents time to conduct research and, if needed, retain expert witnesses.

Post-Meeting Discussion with Planning Director and County Attorney

After the meeting adjourned and the Board of Adjustments members had left, Planning Director Brandon Sutton, County Attorney Gay Stanley, and the attorney and staff from NextEra Energy stayed in the room to address ongoing questions from concerned residents.

After nearly 30 minutes of questions and concerns from citizens, Sutton stated, “We want to be as transparent as possible. If anyone would like to visit my office, I’ll be happy to provide copies of all relevant documentation.”

Next Meeting Scheduled

The Board of Adjustments is scheduled to reconvene on February 6, 2025, to make a final decision on the Special Use Permit. Due to the large turnout, it was suggested that the next meeting be held at the courthouse to better accommodate attendees.

From Greene County website:

Please find below, the documents submitted as part of the application for the proposed solar project in Greene County.

Documents include, preliminary site proposal, narrative, economic study, and property appraisal submitted by Next Era as part of their application.

If anyone has any questions, please feel free to contact the Planning Department and we will be happy to assist.

The documents can be viewed or downloaded below.