Pulaski County commissioners press Mammoth Solar on road-use agreements and decommissioning bonds

Pulaski County commissioners on a regular meeting day pressed Mammoth Solar’s project team and county staff for clearer, signed road-use agreements, parcel lists, and evidence that decommissioning bonds cover estimated removal costs for three Mammoth project areas.

County staff and consultants told commissioners that some construction activity and tree removal had proceeded while key appendix elements — notably finalized, county-approved route maps for heavy hauling — were not executed for the central Mammoth site. Building inspector Carla Redwick and county staff said they had not yet received a finalized map for the central project, and that the road-use agreement requires those appendices before heavy truck movements begin on county roads.

Why it matters: Commissioners said the county needs record-ready documents to track responsibilities, to enforce road-use and decommissioning obligations, and to ensure funds are available if the county must perform repairs or decommission sites. Without signed maps and recorded leases, county officials said it is difficult to match permit records, parcels and bond coverage to each project area.

County staff said tree removal in the project areas is proceeding because work was completed before April 1, the start of a seasonal restriction tied to local bat-protection rules; staff noted that if trees are not removed before April 1 additional approvals would be required. Gary (Highway Department) and BS Engineering staff said tree removal and initial soil stripping were under way at the South and central locations and urged adherence to the road-use map before hauling heavy trucks.

Commissioners asked for an immediate accounting of recorded leases and parcel lists for each Mammoth area; they also asked the county attorney and staff to confirm which bonds exist and whether the posted amounts match the county’s engineers’ decommissioning estimates. In the meeting, staff reported a combined decommissioning estimate for Mammoth Central, Mammoth Central 2 and Mammoth South of $64,206,992 (figure presented as an engineering estimate) and said a bond figure they had on file was $25,000,000. Commissioners asked county staff and counsel to verify the number and scope of bonds and to report back at the April meeting.

Commissioners also directed county counsel to pursue breach-of-contract or enforcement paperwork if the county determines Mammoth or its contractors are operating inconsistent with permitted activities. The board voted to authorize the county attorney to begin enforcement steps and to report progress back to the board.

County staff said other outstanding items include (1) confirmation of which permits and maps were executed before work began in the South area, (2) a clear list of parcels tied to each Mammoth permit area, and (3) confirmation of which bonds or deposits are accessible to the county for road repairs or decommissioning. Staff said they will provide those documents to commissioners and recommended waiting for completed documentation before approving road use for heavy equipment at the central site.

Commissioners and staff also discussed public-notice and ordinance tools: staff asked whether the county wants a protocol that allows them to post time-sensitive public updates (social media/website) approved by counsel without waiting for the full board, because commissioners meet every two weeks. Staff said they would run quick notices by an attorney and a designated commissioner before posting.

The board asked county staff to deliver a written update on decommissioning bonds, parcel lists, and road-use appendices at the next scheduled meeting.