NZ Legacy Clears First Hurdle For Constructing Met Towers

By Tammy Gray-Searles
   Two special use permits were approved in 4-2 votes by the Navajo County Planning and Zoning Commission that will allow NZ Legacy to erect up to seven meteorological testing towers on land between Holbrook and Snowflake.
   The approval is a small first step in a process that the company hopes will lead to development of large-scale wind and solar farms near Woodruff and Snowflake. The permits must still receive approval from the Navajo County Board of Supervisors before they can be issued.
   NZ Legacy officials initially requested special use permits for the entire project, which includes five energy farms covering large tracts of land. The approval last Thursday evening, however, included only the meteorological towers and only for two of the five farms.
   “This is for the purpose of the meteorological towers only,” said NZ Legacy representative Rulon Anderson. “We have amended our application.”
   Planning and Zoning Director Greg Loper explained that the towers will test wind only, and not solar, and will be located on the sites of the proposed Bar J Bar and F Bar energy farms. The Bar J Bar is approximately one and a half miles south of Woodruff and the F Bar is about two miles north of Snowflake. Four test towers would be placed on the Bar J Bar site and three on the F Bar site. Loper also noted that 13 restrictions are included in the permits, including the requirement that the towers be removed within 36 months of the issuance of the permit and be at least 1,000 feet from the perimeter of the special use area.
   The meteorological towers requested by NZ Legacy will be similar to those already in place in the area. Loper noted that he is aware of at least two dozen other towers, but the majority did not require county permits and went through a state or federal process instead. They are approximately 197 feet tall and stabilized by guide wires. According to Loper, the guide wires make the installation less damaging to the environment since a large foundation is not required.
   He also told the commission that the permit requirements include a provision that the company work with the Arizona Game and Fish Department to minimize any disruption to wildlife, and that bird deterrent equipment be installed on the guide wires to prevent avian deaths.
   Nearly 20 opponents of the project spoke to the commission prior to the vote.
   Chairman Wendell DeCross reminded the public that the commission was only able to consider the issue of whether to approve a permit for the meteorological towers, and would not be considering or discussing broader issues, such as potential use of groundwater for solar generating units if the entire project were to move forward.
   A majority of the citizens noted that they were opposed to the special use permit because they saw it as a “foot in the door” for the larger overall project. Many of the same concerns raised at previous meetings were brought forth, including potential use of groundwater, changes to the scenery, adverse health effects from nearby generators, potential damage to the land, light pollution, and lack of information regarding noise or safety of the meteorological towers.
   Anderson told the commission that other met towers are already in place within a mile or two of the locations being sought in the permit, and that any future construction by the company would have to come back before the commission.
   “I think there’s some misunderstanding about the purpose (of the towers),” he said. “They truly are to test wind and wind velocity and sustainability. They will be there a year or more so we can gather data throughout the seasons.”
   He went on to tell the commission that he has attended all of the public meetings and noted that one of the continual requests was for specific plans for the projects. Anderson told the commission that the towers will allow the company to gather the data required to create specific project plans. He also noted that the permit request includes specific locations for the testing towers.
   “At community meetings the people said they don’t want guesses, they don’t want to see overarching plans, so we're here with specific plans for this data,” he remarked. “Yes, if it’s positive it will lead to applications in the future for wind turbines, but it has nothing to do with water. I just wanted to make that clear.”
   The commission approved the permits in two separate votes, one for the Bar J Bar site and one for the F Bar site, with commissioners divided 4-2 on both votes.
   Following the hearings, the commission approved a separate agenda item to modify the definition of electric generating plants in the zoning ordinances. One citizen spoke against the change, noting that she felt it was being made to accommodate NZ Legacy, and no changes should be made to ordinances to appease a specific private company.
   Deputy County Attorney Lance Payette explained that the change is not related to NZ Legacy, but to update ordinances that were created in 1975, and refer to energy plants as only nuclear or fossil fuel-based. According to Payette, the ordinance changes were made for the sole purpose of including technological advances in the definition of generating plants.
   “This comes up all the time. Our ordinance dates to 1975 and is out of date,” Payette said. “We have an obligation to keep our ordinances current. In 1975 they were talking about all types of electrical generating plants that existed at that time. This was not requested by NZ Legacy in the slightest. I believe it was my suggestion.”
   DeCross noted that the new definition includes wording that will also incorporate any future technology for creating energy.
   A date has not yet been set for the special use permit requests to go before the board of supervisors. The board meets regularly on the second and fourth Tuesdays of every month.