VALENTINE, Neb. - BSH Kilgore plans to start construction on a controversial wind farm in Nebraska’s Sandhills within the next week, but opponents argue that the project’s conditional use permit is about to expire.

Both sides attended Tuesday’s Cherry County Board of Commissioner’s meeting in Valentine, which had standing room only.

“It’ll have 14 wind farms. That’s down from the original 19,” said Sandhills Energy Senior Vice President Michael Knappe.

BSH Kilgore had obtained a conditional use permit in 2019, but the permit is set to expire on Oct. 15, and construction has yet to begin.

“Everyone in this room knows the truth,” said Carolyn Semin.

Semin is one of the people who spoke against the farm. She said that not only is the permit expiring in days, but the county’s regulations state that a permit can’t exceed a total of five years, making an extension a violation.

 

  Cherry County Commission

 

 

“They had five years, and one week before the project is to be completed, they appear to pretend they had seven years,” said Semin.

County Attorney Eric Scott said that because the company was involved in litigation for a couple years, that may have paused the clock on the permit, allowing for more time.

“We have a tolling issue, which probably stops the clock,” said Scott.

But at least two of the three commissioners agree that while that’s a possibility, county regulations  specifically state that the company can’t have a permit exceeding five years.

“I feel very strongly that you don’t have a permit come October 15,” said Commissioner Nina Nelson.

“It’s moot because you don’t have a permit as of Tuesday,” said Commissioner Mike McConaughey.

Despite the ongoing debate, BSH Kilgore insists construction will begin within the next week on a main entrance, with a goal of completing the project within two years.

OTHER NOTES FROM THE MEETING:

Cherry County commissioners didn't take any action on the issue Tuesday.

McConaughey also voiced concerns about BSH Kilgore's fire plan and irrevocable letter of credit.

Scott said commissioners also have to be aware about whether BSH Kilgore needs to start construction or end construction by Oct. 15. He further stated that to take away a permit you need to have substantive due process. "We would need to have evidence of intentional noncompliance or something along those lines. We could be looking at another several years of litigation," said Scott.