Supervisors reiterate limitations of county government during public outcry against development

County Manager Bryan Layton reviewed concerns raised during the previous board of supervisors meeting, as well as those sent into the county, tackling topics such as water use, flood mitigation, decommissioning requirements, nuclear alternatives, special use permits, fire safety, hazard mitigation and the impact on wildlife.

In a comparison between solar and alternatives such as nuclear, natural gas and coal, solar was shown to use far less water. According to Layton, nuclear, natural and coal all rely on steam powered turbines to operate, “That process consumes real water every single day, mostly lost to evaporation and cooling towers,” he explained.

A study Layton referenced from 2012 titled “Operational Water Consumption and Withdrawal Factors for Electricity Generating Technologies: A Review of Existing Literature” showed that nuclear energy uses 672 gallons of water per megawatt-hour (MWh), natural gas uses 467 gallons per MWh, and solar uses only one gallon per MWh. “This should not be interpretated as being critical of nuclear or natural gas. That’s just the reality of base load electrical production right now.”

A dust control plan, an Arizona Department of Environmental Quality permit, a stormwater pollution plan, drainage report and grading plan all are required for the Chimney Canyon project, which will be located southwest of Joseph City and encompass approximately 17,995 acres, although the project itself will have a smaller footprint. “The developer will need to follow all these steps as well as creating an erosion and sediment control plan. An estimated 15 retention basins are planned for this project,” stated Layton. These, along with soil testing, are required to be maintained for the life of the project.

A common issue that has been raised is the effects on wildlife. “One of the fears is that wildlife, like coyotes, rabbits and other animals will just disappear,” Layton stated. “This is very understandable, because for a long time nobody had good evidence either way.”

That is, until this year. Layton cited a peer-reviewed study published in February of 2026 conducted by Argonne National Laboratory, which is a U.S. Department of Energy lab. The study recorded over 19,000 hours of video at five solar sites. “Two of these facilities observed were right here in Arizona,” he said. From the research, it was concluded that animals didn’t avoid the panels but adapted to them as part of their terrain. “Birds and birds of prey were documented living and hunting among the panels.” Layton noted the study did not say this change did not disrupt wildlife, but did point to coexistence. “The major keys to wildlife coexistence for this project are the implementation of Arizona Game and Fish recommendation for wildlife friendly fencing,” which features a 6- 8-inch gaps at the base of the fencing along with wide corridors for larger animals to traverse.

Layton also noted that the county will not be dominated by solar, noting the county’s comprehensive plan states that no single land use should dominate the landscape. “Converting all undeveloped land to solar would not be consistent with the comprehensive plan,” which he noted is not a suggestion but the official basis for evaluating projects.

Layton explained that land near already existing transmission lines, as well as setbacks are used to dictate where these types of projects can be implemented. “The comprehensive plan supports renewable energy, but also protects rural character, wildlife, cultural sites and existing neighborhoods and uses those priorities to guide where projects make sense.”

Changes that were added to the Chimney Canyon Project following the first session included a roadway safety plan volunteered by the Chimney Canyon project operators, Clearway, which includes penalties and enforcement to ensure drivers working on the project operate appropriately. Refinements to regulations on soil testing, emergency response plan, battery energy storage systems and decommissioning were also listed.

Layton then reviewed the steps needed for the project to begin. Chimney Canyon will now need to acquire a power purchase agreement, an interconnection agreement, and various safety and control plans. After these documents are collected, the county reviews them and must accept them prior to moving forward.

Joseph City resident Jody Balda spoke on concerns of fire mitigation, citing a statistic from the United Kingdom, which saw a 133% increase between 2022-2025 in solar panel related fires and solar panel installation increased by 52%.

The study referenced by Balda did note that the vast majority of fires were not solar farms, but residential and commercial properties, with unsafe installation quality being the leading cause. According to a BQE press release, the U.K. saw 178 solar panel related fires at residential, commercial and industrial properties, and 14 at solar panel farms in 2025.)

Balda stated that electrical and chemical fires required different tactics. “Is our little volunteer fire department equipped to handle a hazardous fire like this?” she asked.

Joseph City residents Kerri Johnson, Sandy Downs, Jeff Downs, Neal Farr and Stephanie Farr spoke against the project, along with Perkins Valley resident Casey Murph, Holbrook Council Member Robert Black, Wayne Solomon and Donna Wastchak. Some highlighted visual blight, dust control and the project effects on the land. Questions pertaining to local employment and if these development companies would be contributing financially to the community were also raised.

County resident Brent Meyer brought up concerns of potential damage to archeological sites. Layton responded to this, stating the proposed development agreement requires a cultural resources study, which includes an archeological study. “They go through and document sites, artifacts and locations and some areas were identified as having possible items there through archeological or cultural resources.” Layton further explained that the developer is required to build around those, “so they avoid those where they can.” It was also noted that the developer is required to contact tribal groups with historic ties to the property for feedback.

“They’re also required to create an inadvertent discoveries plan,” Layton stated. The plan outlines what to do in the event of unexpectedly discovering human remains, cultural resources or archeological artifacts. “The inadvertent discoveries plan will ensure that if any such discoveries are made, they’re handled appropriately and in compliance with all legal and regulatory requirements.”

Stephan Brophy of Aztec Land & Cattle Company and Joseph City resident Bryan Jolley advocated in favor of the project, citing the developer’s dedication and attention to detail as well as the benefits of renewable energy.

Seymore also talked about how all energy projects carry potentials for environmental changes and risks, mentioning the Cholla Power Plant operated as a coal-fired plant. “There’s a risk now with Cholla with the natural gas. If you have a leak of natural gas, that’s going to poison the area. All those things take risks as we go forward with that. We try to control those risks the best we can through agreements, through documents.”

Supervisor Jason Whiting clarified that the board can only vote on an agreement that meets the ordinances, rules and regulations. He touched on how he believed Layton went above and beyond to increase stringencies in response to public outcry, as well as the importance of private property rights. “I don’t think it’s the business of government, stepping in and dictating to private landowners what they should be doing, as long as its legal and lawful, with their land.”

Vice Chair Dawnafe Whitesinger echoed this, stating “Public commentary is really important, but ultimately the responsibility of this board of supervisors is we do not make and create laws. We have no authority or jurisdiction to create laws, that falls in the state and federal lap.” She further explained that tax incentives on a state level authorizes these types of operations. “They have developed incentives to be able to support companies who come in and develop. The incentives are not just at the state level, they’re at the federal level as well.”

Following the discussion and an executive session, Chair Seymore asked for a motion on the item, to which none of the supervisors responded. He then asked again for a motion, followed by more silence. “If this were to fail for lack of a motion, it just goes away. I’m not going to let that happen because it would then trigger some expenses that are insurmountable to the county,” stated Seymore, implying that the county would incur legal action by the developers. “So with that, I’m going to make a motion that we approve a development agreement with the Chimney Canyon Energy Center 1, LLC, for the development and operation of up to 975 megawatts solar energy facility in Navajo County pursuant to as A R S statute 38-431-03A3.” The motion included a stipulation that the county manager and developer finalize the words used in paragraph 18.2 4232323. Supervisor Whiting seconded the motion, after which Chair Seymore asked for a voice vote, rather than a role call. All supervisors voted in favor with the exception of Supervisor Fern Benally who did not voice a vote, nor did she declare she was abstaining from voting. When contacted following the meeting, Benally stated she was undecided on her stance when the vote was called.

Also during the meeting, the board approved a proclamation declaring Sept. 16-19 as Navajo County Fair Days, in honor of the 95th Annual Navajo County Fair & Rodeo. Another proclamation was approved marking Sept. 11 as Patriot Day 2026 in remembrance of the 25th anniversary of the 9/11 terrorist attack.

During call to the public, Meyer and Wastchak once again spoke. Wastchak stated that in July 2025 Real AZ spent $25,000 in advertising with the Financial Times of London and asked what Real AZ was advertising for. Layton addressed the concern, stating the cost was not for advertising but for another one of the Financial Times of London companies, which is a leader in industry placement. “They follow industry trends and business trends,” he noted, adding that it works both ways. The result is a very specialized report utilized by Navajo County. The county uses the information to determine what types of industries would be a good fit for the region and it allows businesses to determine if Navajo County would be a good fit for their endeavors.

During the meeting, the board:

* Approved the release of a property damage claim on two claims against Navajo County, APS, $7,163 and Alan Peadon, $820.

* Approved and accepted the FY 2027 Arizona Criminal Justice Commission (ACJC) victims’ compensation fund grant agreement. The grant covers $60,805 for salary and employee related expenses and $115,752 for the payment of benefits to victims of crime.

* Approved the appointment of David Perolis to the Board of Adjustment, representing District III. This is a four-year term.

* Approved of consent to assignment of retention rights for a contract with Starlight Pavement Reconstruction. This allows Navajo County to make final payment of the retention owed to PAP, LLC in the amount of $132,127 to their subcontractor, Perkins Cinders, Inc. This is Navajo County’s final payment for this project.

* Authorized payment of the cost difference in the amount of $123,137 to the Arizona Department of Transportation for the estimated construction cost of the Bourdon Ranch Road and Roundup Drive Project in White Mountain Lake. Once the project is complete, any excess funds will be returned to the county.

* Approved the annual newspaper advertising and printing contract amendment with Painted Desert Media Group, LLC, doing business as The Painted Desert Tribune, which adds electronic publication on the official newspaper website.

* Approved a letter of recommendation for Bryan Layton for National Association of Counties Rural Energy Academy.

* Adopted the FY 2026-2027 property tax levy and rate for the Pinetop Fire District bond repayment principal and interest.
* Approved the agreement with Dell Financial Services LLC for the purpose of using CyberGrade products.

* Approved the sale of a 2007 Chevrolet Crew Cab LT, 235,676 miles, to the Silver Creek Senior Center for $1.

* Approved a task agreement between the White Mountain Apache Tribe Division of Transportation and Navajo County for guardrail repair in the amount of $60,000.

* Approved a task agreement between the White Mountain Apache Tribe Division of Transportation and Navajo County for the industrial road striping partnership project in the amount of $16,000.

* Approved an attachment to Navajo Nation intergovernmental agreement for assistance with the procurement of gravel material for N8065 within Black Mesa Chapter in the amount of $55,000.

Convening as the Navajo County Public Health Services District (NCPHSD), the board:

* Approved the data sharing agreement amendment between the Arizona Department of Health Services (ADHS) and NCPHSD.

* Approved a contract between NCPHSD and Patagonia Health for electronic medical record.

Convening as the Victory Heights Road Maintenance District, the board:

* Approved Victory Heights Road Maintenance District contract with CC Paving.