The Dive: Throwing Shade

Late last month, the N.C. Court of Appeals upheld Pender County’s denial of a massive solar farm project. As planned, it would have been the largest in the state.

A subsidiary of the California-based Birch Creek Development applied for a Special Use Permit in 2022 to build a 2,360-acre project on the western end of the county. 

Pender County Commissioners denied the application and Coastal Pine Solar LLC appealed the decision. A week after the company filed suit, the county tweaked its zoning to remove solar as a Special Use Permits option in rural areas, giving officials more leeway to deny similar projects.

Special Use Permits are quasi-judicial, requiring local boards to act as judges. Only competent evidence can be considered in these hearings, so developers’ technical consultants and reports usually beat out neighbors’ concerns or local politicians’ objections. Without adequate contradictory evidence presented, the applicant can automatically win. 

Notably, that didn’t happen here. 

After the initial denial, a local judge remanded the issue back to commissioners for further consideration after finding Coastal Pine met the first three of eight permit conditions. Commissioners again denied the project last summer, and the trial court ruled that even though it would have granted Coastal Pine’s application based on meeting permit conditions, the county didn’t err in its denial. The appeals court agreed on Dec. 31.

“This ruling highlights the importance of following local regulations, and ensuring that development fits with the needs of our community,” ​​County Chairman Randy Burton told The Dive. The board’s dedication to “protecting our farmland, our community, and our shared values truly made all the difference.”

Adjacent farmers spoke out at the initial hearing about potential flooding and runoff from development, and the North Carolina Farm Bureau filed a brief in the case siding with the county. The group cited concerns about farmland disappearing and the need to preserve its members’ ability to engage on similar issues in the special use permit process.  

Coastal Pine found the farmers’ issues misguided and ironic. The property is already timberland, so it’s bound to be clear-cut anyway. Commissioners based their denial on nothing more than “lay opinions and generalized fears” about solar, the company asserted. 

The state is home to roughly 800 solar farms, most approved through the Special Use Permit process. Given the impending federal administration’s icy relationship with renewable energy, similarly massive-scale projects may face steeper hurdles ahead.

Part of the rationale for constructing the project, which the company said would power 50,000 homes, was to help meet the state’s clean energy goals as outlined by state law. But Duke Energy’s recent state filing is indicative of the current temperature around renewable energy: The utility won’t be hitting those goals any time soon. 

– Johanna F. Still

Read this newsletter online or contact The Dive team with tips and feedback at wilmington@theassemblync.com.

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A New Day

On my first day back in the office after New Year’s Eve, I sat down with Jason Smith, who recently took office as district attorney for New Hanover and Pender counties. We spoke for about an hour and then turned on the mics for a 45-minute on-the-record interview.

Here are some of my top takeaways from our conversation:

Life is getting back to normal at the DA’s office. After a bitterly divisive campaign between Smith and Rebecca Zimmer Donaldson, the office was falling into dysfunction. Even after Smith’s victory in November, Zimmer Donald remained on as interim DA for a few weeks, and several sources told me things were grinding to a halt.

But, at a holiday party in late December, after Smith had been sworn in, things appeared to be calming down, and last week he told me that a month into the job, “things are going great.” I’m sure that’s a relief for Smith and his staff, but it’s also good news for cases that were in danger of getting delayed because of chaos in the office. 

Smith’s top concern is rising youth violence. There are plenty of issues, in the community and the courthouse, that land at Smith’s feet. But when I asked him what was foremost on his mind, he was quick to answer. Smith promised to come back later this year with hard data but said he’s personally seen an uptick in juvenile gun possessions and the use of guns. “As a prosecutor and a dad of four, what’s causing this uptick and how do we counter it?” he said.

The Starfish is dead. Long live the Starfish. Almost every time I interviewed Ben David, he would reference his “five arms of the starfish” model, representing the related roles of government, schools, businesses, nonprofits, and faith-based organizations in preventing community violence. (He brought it up often enough that I’ve heard, but can’t confirm, that there was a drinking game based on it in at least one newsroom.)

Having worked for David for over a decade, I wasn’t surprised Smith brought it up. 

“You remember, for the last however many years, Ben implemented this five arms of the starfish, and I’m taking it and kind of running with it,” he said. But Smith said there was one missing arm he’d like to see regrow (my starfish pun, not his) when it comes to youth violence.

“We haven’t seen our faith-based community as much in this realm. Guess what? I’m going to be calling them to the table,” he said.

No White Savior Syndrome. Talking about violence often means uncomfortable conversations about the disproportionate number of perpetrators–and victims–of violence in the Black community. That can dredge up nasty racial stereotypes, but it can also result in white officials and advocates charging in to “save the day” without engaging the Black community (I wrote more on this at WHQR). 

Smith and I talked about White Savior Syndrome off mics, and during the formal interview he was quick to say, “I don’t wanna be a savior, what I want to do is bring all these [organizations] together, and say, ‘Alright, [if] we work together as a community, the community can save these kids.’” 

Smith has his work cut out for him when it comes to youth violence–and community safety, as a whole–and he admits that he won’t be able to do it alone. You can hear our full conversation as an episode of WHQR’s The Newsroom, here.

-Ben Schachtman

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Around the Region

Delayed Dream: Officials nixed the annual MLK Jr. parade this year since the holiday will take place on Inauguration Day. WHQR asked why.

Sledge Hammer: The group opposing a major residential project in Castle Hayne, Save Sledge Forest, is pressuring New Hanover County Commissioners to intervene, WHQR reports.

Protect the Pellies: Wildlife experts are flagging a concerning trend, worrying bad actors aboard commercial vessels have been killing pelicans, Port City Daily reports.

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Around the State

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