Challenged Petitioners Weigh in on Silver Maple

By Greg Chandler
Zeeland Record


Some Zeeland Township property owners have made their case as to why they believe they should be able to speak out against the Silver Maple solar project before the Michigan Public Service Commission, even though they are not considered to be in or adjacent to the area of the project.

The MPSC received comments from those seeking intervenor status, but whose efforts are being challenged by project developer RWE, by last Thursday’s deadline. RWE’s attorneys had until today to issue rebuttal statements against those comments.

RWE’s legal team on June 3 filed an “omnibus opposition to permissive petitions to intervene” motion against 16 potential intervenors who do not owner property in or adjacent to the area of the Silver Maple project. The potential intervenors say they offer a perspective on the project that other intervenors might not.

Jerry VanderLugt, who lives on 48th Avenue, says Silver Maple panels will be built less than 90 yards from his house, saying there is one small property between his land and where the panels would be built.

“We are at the lowest point on 48th Ave. and every time we have a substantial amount of rain our driveway gets flooded over,” VanderLugt wrote in his response to RWE’s challenge. “Approximately 20 feet away from the driveway is a culvert that goes under the road to a containment pond on the other side of the road. I do my best to keep the culverts open and the county is very aware of the water and drainage issue on my property and quite often have a crew out there keeping the ditch cleared and the culverts open. I strongly fear the solar projects across the road will greatly affect the natural flow of water, and my driveway and property will turn into a swamp.”

Michael Raczynski lives on Springwind Court, adjacent to the Consumers Energy 345-kilovolt transmission line that was cited by RWE as a primary reason for selecting Zeeland and Jamestown as the site for Silver Maple. 

“The transmission lines run directly through my backyard, and my property’s use and enjoyment (are) centered around that backyard area,” Raczynski wrote. “Because the project is being located in close proximity to this transmission corridor, I expect that solar panels and related project infrastructure would be visible from much of my property and from nearly every window of my home. The visual impacts of the project would therefore directly affect my daily use and enjoyment of my property.”

Raczynski wrote that he was offered a “good neighbor agreement” from RWE that would pay him if he were to sign the agreement, again after construction would begin and then annually for the life of the project. 

“Such agreements are not offered to the general public but rather to individuals whom the applicant believes may experience impacts from the project,” he wrote.

Christi Meppelink, who lives on Byron Road near 64th Avenue, says there’s been a lack “of meaningful outreach” by RWE and “unresolved community concerns.”

 “Significant questions remain regarding the adequacy of the applicant’s filings, including construction-phase traffic impacts, safety risks, and the sufficiency of community engagement and public support,” Meppelink wrote. “These issues require factual development through the contested case process.”

Administrative Law Judge James Varchetti on June 4 granted petitions to intervene by Zeeland and Jamestown townships on Silver Maple, as well as petitions by more than 20 property owners who are within the project area. RWE is arguing that the interests of project opponents are being adequately represented by those entities and individuals.

Varchetti is expected to rule June 25 on whether to allowing the remaining prospective intervenors to participate, or to approve RWE’s motion.

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