Ongoing battle with solar farm

Resident tired of erosion, runoff on his land

Goose Pond Road had been a sanctuary for John Burt and his family for over a decade. 

 

When the Timberland Solar Farm Project broke ground in April 2022, Burt didn’t realize the disruption it would cause.

 

Later, a substation was built.

 

“I bought the property knowing the transmission line was there,” he said. “But it wasn't until this (substation) came, which is a result of that whole solar project. All this stuff's happening and snowballing just because of the solar project. If it weren't for the solar project, we wouldn't have a substation. If we didn't have the substation, we wouldn't have a highly energized line, which increases the risk probably tenfold of what it used to be a year ago.”

 

The substation isn’t Burt’s only complaint.

 

Runoff from the solar farm runs straight onto his property, with a fence built only a few feet from his property line.

 

The Timberland Solar Project on Goose Pond Road is one of two solar farms in the county. The Wolfskin Project is on Double Bridges Road near the Athens-Clarke County line. 

 

The Oglethorpe County Board of Commissioners passed the Zoning Board’s recommendation in September of a new protocol for buffers with solar farms, but these are effective for future projects, not what has already been established.

 

Kellie Woods from RWE Clean Energy, the company working on the Timberland project, responded saying, “We’re aware of the concerns brought up by the neighbor and are actively working with a third-party engineer firm to do our due diligence.”

 

Oglethorpe County Code Compliance Officer Jeff Sharp said he knows the issues as well. 

 

Sharp said the county is working to address them, but when Georgia’s Environmental Protection Division (EPD) visited Burt’s property to inspect the runoff from the spillways RWE built for the solar farm, they determined there was no erosion being caused. 

 

“All of (the runoff) falls under the Georgia EPD’s authority,” Sharp said. “They haven’t been real helpful.”

 

Alex Hopersberger from the Georgia EPD said there may not be anything that is within its jurisdiction in the case. Burt may have to resort to a legal battle for recourse. 

 

“If it’s water volume that's the major issue, that's generally not something that we can deal with,” Hopersberger said. “If it's the water volume, that's leaving the property and then it's causing damage on (Burt’s) property, I'm not sure if that's something that we can deal with.”

 

To better address Burt’s concerns and those of other landowners who are affected by solar farms, the county began the process of becoming the issuing authority on future disputes. Sharp said this would allow the county to monitor infractions rather than having to depend on the EPD. 

 

The county submitted its proposed ordinance to the EPD, and it is under review. Sharp said the county will closely monitor the infractions if it is approved.

 

“If they’re not following the rules, we’re going to stop them until they start following the rules,” Sharp said. “It’s pretty simple. You make a mess; we’re gonna stop you. Once you fix your mess, you can go back to work.”

 

While Burt is appreciative of the work being done by the county, he sees two possible solutions to his predicament.

 

“Call me and engage me. That's the only place you start,” Burt said. “They can come in here, even if they had to get my permission, to put some true control structure in.”

 

Burt is also not opposed to selling his property.

 

“You know what they could do? They could buy this and make it some sort of a filter,” he said. “They could put the proper engineering in here, and they could come out looking good and that they had done something to control the problems that they've caused, that they won't acknowledge, which is the erosion and the cause of all the sediment flow.

 

Burt added, “I would sell my land because you look at all the history of what you go through at different times in life. And when you see it getting ripped out from under you and destroyed, there is only so much you can stomach.”