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JDA seeks to answer questions about Rivian site, deal
Document addresses charges of conflict of interest, impacts on area residents
Rivian camper
A company representative demonstrates the camping features, including a collapsible tent and a stowable camp kitchen, on a new Rivian truck during a recent display of some vehicles in Covington. - photo by Tom Spigolon

To see the document, visit www.i20jda.com/rivian.html.

SOCIAL CIRCLE, Ga. — The agency working with local governments to prepare a 2,000-acre site for a proposed electric vehicle production plant has released a document attempting to answer what it said were frequently-asked questions from residents.

State officials announced in December that Rivian Inc. chose the site facing I-20 and straddling the line between Morgan and Walton counties adjacent to Newton County for a production and research complex that would employ 7,500.

In a document posted on its website, the four-county Joint Development Authority (JDA) sought to address questions from concerned area residents.

Questions have focused on such issues as environmental concerns, impacts on the area’s rural nature, and transparency in the land negotiations.

Shane Short, executive director of the Development Authority of Walton County, said the JDA simply wanted to release factual information about how the Rivian deal came about and how it will proceed.

Short helps the JDA manage and recruit tenants to its two Stanton Springs business parks — one of which is proposed as the Rivian site.

“Because there was so much misinformation out there, the JDA felt it necessary to produce accurate information,” Short said. 

Among the issues addressed:

ENVIRONMENTAL IMPACTS

• Groundwater in the area of the factory will be protected “through the strategic management of stormwater runoff, the use of water and sewer service through the Newton County Water & Sewerage Authority, and strict adherence to state and federal guidelines regarding soil erosion and sedimentation as well as appropriately addressing streams and wetlands on the site,” the document stated.

It stated that completion of the final site layout is awaiting the results of studies showing “delineation of streams and wetlands,” geotechnical evaluations, cultural resource evaluations and surveys. 

“All state and federal permitting requirements will be met and impacts to streams and wetlands will be mitigated as required by the U.S. Army Corps of Engineers. 

“Rivian and the JDA both want to be responsive to recommendations from local residents that would help protect water and the other natural resources we all share. If residents have recommendations that can further protect our natural environment, we welcome them.”

In addition, Rivian is not seeking exemptions to environmental requirements in Morgan County ordinances, the document stated.

“Please note that the JDA did not file a variance application or seek to exempt the requirements. It did, however, request that the detailed design plans required be submitted after zoning rather than before. Thus, zoning approval would be conditional subject to providing the required plans. 

“The JDA has engaged civil engineers, environmental consultants, geotechnical engineers, archeologists, and geologists to evaluate the property. Rivian has engaged a company to count the trees on the property and is intent on minimizing the plant’s impact on the environment. 

“Detailed site evaluations are underway. Detailed design plans including those required by the Groundwater Recharge Area Ordinance will be prepared prior to construction.

“Commencing detailed design for a project of this scope and scale takes considerable time, but the project is still contingent on receiving zoning approval and the results of the site studies. 

“The JDA will provide updates and information as they are received and will work and coordinate with the Morgan County Planning Staff post-zoning to ensure all requirements are met per the ordinance.”

EFFECT ON RESIDENTS

• The “buildout site plan” shows adjacent property owners are being protected because buildings are concentrated toward the center of the property and away from adjoining residential properties,

“Per the requested zoning, 100-foot transitional buffers are required, but the site plans shows substantially more natural areas between building construction and adjoining properties. 

“The site is estimated to have 50% pervious surfaces which is significantly more than the 25% allowed under the zoning. This will help ensure that all parties are going far beyond the minimum standards required by law to be good neighbors.”

• The JDA does not have the power of eminent domain — the law allowing a government or its agent to take private property for public use with compensation. As a result it was not used to acquire the proposed Rivian site at Stanton Springs North, the document stated.

TRANSPARENCY

• The document stated that, in 2018, Georgia and Walton County economic developers began marketing the site as the “East Atlanta Megasite,” which is “what is a large portion of the footprint of the Rivian project.”

“Information regarding the megasite was publicly available on the Development Authority of Walton County’s website and the state of Georgia’s website.”

In addition, all requests for rezonings of the site and land purchases were approved in open meetings between May and November in 2021, the document said.

Rivian preferred the Stanton Springs North megasite despite other states vying for the project, the document said.

“To be deemed a megasite, the property must be over 1,000 acres, have access to an interstate, rail and adequate utilities to meet the demands of a large industry.

“Additionally, Stanton Springs North has an expansive labor pool with proximity to major universities, college and technical college institutions. It is less than one hour from an international airport and an easy drive to the port of Savannah. 

“Simply put, Stanton Springs North can meet all of Rivian’s needs.”

• In response to complaints about negotiations with Rivian being conducted in private, JDA officials said state open meetings laws “specifically allow local governments to discuss land acquisition matters in executive session and this is a routine practice for virtually every local government entity in our state.”

“Prior to closing on property, land acquisition matters are approved in open session. The purpose of the law is to allow for fair negotiations between governments and private parties and to be a good steward of public funds.

“If active negotiations for real estate were discussed in public session, the end result would be taxpayers footing the bill for significantly higher purchase prices.”

It also stated that documents pertaining to property acquisitions can be held as confidential until a final agreement is reached and transactions are closed. 

“Simply put, Georgia would be much less successful in recruiting jobs and growth to our state if private employers were required to disclose their interest in coming here at the beginning of a competitive selection process,” it stated.

In addition, companies scouting locations also require non-disclosure agreements which are common “and serve to protect companies from disclosure of their private information while they make decisions and negotiate new locations.”

“Authority members are not permitted to discuss executive session matters with anyone outside the Authority regardless of whether they signed (a non-disclosure agreement).

“Once a decision is reached and an economic development agreement is signed, all government roles, responsibilities and incentives are promptly disclosed to the public under the Georgia Open Records Act.”

BENEFITS FOR JDA MEMBERS

• Former longtime JDA chairman Alan Verner owns land on which Rivian wants to start construction later this year.

However, Verner “was not present during any portion of the JDA meetings at which the Rivian project or any project relating to property he owns was discussed,” the JDA said in its answers on the Q&A.

“He was not involved in any decisions regarding the project,” it stated.

The document said Georgia law allows development authorities to engage in transactions with a member if it is disclosed in advance to other members; is published in the county’s newspaper of record, also known as the legal organ; and the member is neither present when the transaction is being discussed nor participates in the vote. 

“The JDA followed the requirements of this law. Mr. Verner hired his own legal counsel and the JDA hired outside legal counsel to handle land acquisition matters between the two. 

“Mr. Verner retired from the JDA in August 2021 which was months before Rivian selected Georgia. As of the date of this document, the JDA has not purchased property from Mr. Verner.”

• Rivian did not pay for JDA members to travel to its Normal, Illinois, electric vehicle plant.

“The JDA members have received no perks, dinners, gifts, travel allowance or any other personal benefits from Rivian or any company considering or locating in Stanton Springs or Stanton Springs North.”

REACTION

Chas Moore of the Morgan County-based Our Communities Oppose Rivian Assembly Plant said he believed the answers provided by the JDA in the document were “self-serving.”

“These meetings they talk about were held during a pandemic when people were told to shelter at home and avoid public gatherings,” he said, in reference to when rezonings and land purchases were approved. 

“Many residents lack sufficient capabilities to watch live streams due to the rural nature of our community,” Moore said.

He also questioned Verner’s actions toward the site as it was marketed since 2018.

“If that is the case, then was Alan Verner, Morgan County’s citizen representative, recused from all related meetings since 2018? That is the only way the actions of the JDA would be consistent with the statements,” he said.

Moore also said the JDA — the developer — had sought some concessions from government officials. 

“They said that Rivian did not request a variance, which in a sense, is true but extremely deceptive in nature,” Moore said, in reference to the Q&A document. 

He noted JDA attorney Andrea Gray had asked Morgan officials to grant the JDA a variance from providing all the information required under the county’s Groundwater Recharge Ordinance — such as design and sediment control plans — because it would cause the JDA “a substantial hardship given the unique nature of this project and its sheer size”

Gray had requested the variance to allow the JDA “to obtain the required zoning on the property to ensure it can be used for the intended purpose before spending millions of public funds on detailed design of 19.6 million square feet of buildings on approximately 1,978 acres.”

“Detailed design and erosion and sedimentation plans will be prepared post-rezoning and the permitting jurisdiction will be able to review and comment on those through the permitting process,” Gray wrote.

Moore, however, said he was not sympathetic to the JDA foregoing ordinance requirements because it would create a “hardship on the applicant.”

“This is heartbreaking that they would care more about the financial impacts over the the impacts to human life and safety or the effects to sensitive resources,” Moore said.

To see the document, visit http://www.i20jda.com/rivian.html.