Pulaski County Commissioners Review Road Use Agreements

The Pulaski Commissioners reviewed Road Use Agreements last week.

The road use agreements were prepared between Pulaski County and Moss Creek Solar (NextEra) and between Pulaski County and Mammoth Solar for upcoming proposed solar energy projects. 

County Attorney Kevin Tankersley said Barnes and Thornsburg representatives assisted in drafting the identical agreements for commissioner approval and for the approval of the Pulaski County Drainage Board members.

“When the project is finally ready to begin construction, they’re going to designate roads in the county,” explained Tankersley. “The county will have the opportunity to object to any roads that are being used they don’t approve of.  The developer pays for an independent engineer to go out and look at all of the important structures – culverts, drainage, bridges – and make sure they’re capable of sustaining an increased traffic load. The independent engineer will make an assessment of that.  That engineer will be paid for by the developer, but chosen by the County.”

The county will do a lot of the work.  The developer is expected to reimburse the county for any work done. 

At the end of the project, if there is any damage, the developer will pay for any repairs. 

If contractors use roads that are not approved for use, a fine will be associated for that action. 

Any improvements made for the project may be kept or torn out by the decision of the commissioners.


All of the work will be bonded.

Commission President Chuck Mellon noted that the agreement does discuss drainage for assessment and repairs to be made if damage is done by the developer.

Commissioner Chuck Mellon and Commissioner Mike McClure approved the Road Use Agreement.  Commissioner Maurice Loehmer recused himself from the vote. The Agreement will be reviewed next by the Pulaski County Drainage Board. The developers have yet to approve the agreements.

A decommissioning agreement will be presented in a future meeting.

Members of the public inquired about the current status of the Mammoth Solar project and it was stated by Commissioner Mellon that no permit has been issued at this time. 

Others commented about alleged violations and alleged criminal activity going on with Starke County’s solar project, and that the public should have been able to see the documents before their approval.  Conversely, a worker commented during the joint session of the Pulaski County Commissioners and Pulaski County Council meeting Monday night that working on the solar project has been a supportive environment and supports families and the project has been positive.