Environmental Considerations for Erecting Windmill Turbines

Public Outreach and Assistance Division

Andrea Hopkins - (501) 682-0820

Windmill Turbine Considerations

The following list is a number of agencies that may be of concern to individuals and facilities that are interested in erecting windmill turbines. The Arkansas Department of Environmental Quality does not assume liability for this list, or claim that it is all encompassing. It is meant to be used solely as an aid.

Arkansas Department of Environmental Quality

If the land disturbed while erecting the turbine is equal to or exceeds one (1) acre, but less than five (5) acres, then a Construction General Permit (ARR150000) is required. This Construction General Permit (CGP) authorizes stormwater discharges from large and small construction activities that result in a total land disturbance equal to or greater than one acre, or a site that is less than five (5) acres but part of a larger common plan, where those discharges enter waters of the State or a municipal separate storm sewer system (MS4).

If the construction area is between 1 and 5 acres, then the owner can obtain automatic coverage by completing the Notice of Intent and Storm Water Pollution Prevention Plan. These are of no cost to the owner and do not have to be submitted to ADEQ, but it must be maintained on-site. Please note that all the permit conditions set forth must be followed. The Operator is responsible for ensuring that the site is in compliance with any changes or updates of this general permit, by either contacting ADEQ or reviewing the ADEQ website.

If the site is larger than five (5) acres, then it is considered a Large Construction Site. An operator of a large construction site discharging under this general permit must submit the following items at least two weeks prior to commencement of construction:

  • A Notice of Intent (NOI) in accordance with the requirements of Part I.B.7 of this permit.
  • A complete Stormwater Pollution Prevention Plan (SWPPP) in accordance with the requirements of Part II.A of this permit.
  • An initial permit fee must accompany the NOI under the provisions of APCEC Regulation No. 9. Subsequent annual fees will be billed by the Department until the operator has requested a termination of coverage by submitting a Notice of Termination (NOT). Failure to remit the required permit fee may be grounds for the Director to deny coverage under this general permit. Per Part I.B.14 of the permit, any single lot that is less than five (5) acres but part of a larger common plan.

The above noted material, permits and forms can be located at http://www.adeq.state.ar.us/water/branch_permits/general_permits/stormwater/construction/construction.htm#ARR150000.

ADEQ Small Business Assistance Program
Andrea Hopkins
5301 Northshore Drive
North Little Rock, AR 72118
Phone: (501) 682-0820
Fax: (501) 682-0880

United States Department of Transportation Federal Aviation Administration

The Advisory Circular AC 70/7460-1K for Obstruction Marking and Lighting notes in Chapter 13: Marking and Lighting Wind Turbine Farms states the following, "This chapter provides guidelines for the marking and lighting of wind turbine farms. For the purposes of this advisory circular, wind turbine farms are defined as a wind turbine development that contains more than three (3) turbines of heights over 200 feet above ground level."

If your facility maintains three (3) or more turbines that are each over 200 feet above ground level you will need to ensure they are marked and lighted properly. The following link will take you to the above noted circular:

http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgAdvisoryCircular.nsf/0/b993dcdfc37fcdc486257251005c4e21/$FILE/AC70_7460_1K.pdf

Arkansas Flight Standards District Office
1701 Bond St.
Little Rock, Arkansas 72202
Phone: (501) 918-4400
Fax: (501) 918-4403

Zoning Ordinances

The Arkansas Economic Development Commission Energy Office states the following:

“Before you invest in a wind energy system, you should research potential obstacles. Some jurisdictions, for example, restrict the height of the structures permitted in residentially zoned areas, although variances are often obtainable. Most zoning ordinances have a height limit of 35 feet. You can find out about the zoning restrictions in your area by calling the local building inspector, board of supervisors, or planning board. They can tell you if you will need to obtain a building permit and provide you with a list of requirements. In addition to zoning issues, your neighbors might object to a wind system that blocks their view, or they might be concerned about noise. Most zoning and aesthetic concerns can be addressed by supplying objective data. For example, the ambient noise level of most modern residential wind turbines is around 52 to 55 decibels. This means that while the sound of the wind turbine can be picked out of surrounding noise if a conscious effort is made to hear it, a residential sized wind turbine is no noisier than your average refrigerator.”

Arkansas Economic Development Commission Energy Office
Phone: (800) 558-2633
Email: EnergyInfo@ArkansasEDC.com

U.S. Fish and Wildlife Evaluation

The enclosed Endangered and Threatened Species Evaluation may be used to obtain clearance, in most instances, from the U. S. Fish and Wildlife Service.

The U.S. Fish and Wildlife issued Arkansas Wind Energy Bird and Bat Monitoring Guidelines: Recommendations to avoid and minimize potential wildlife impacts from wind energy projects in Arkansas.

U.S. Fish and Wildlife Service, Arkansas Field Office
110 South Amity Road, Suite 300
Conway, AR 72032
Phone: (501) 513-4470
Fax: (501) 513-4480