VIENNA — Questions raised by Vesper Energy regarding county road right-of-way requirements were discussed Dec. 22 at the Maries County Commission meeting, as county officials referenced procedures formally adopted earlier this year.

Maries County Clerk Rhonda Brewer told commissioners that she had received correspondence from Vesper Energy confirming its prior submissions related to the proposed Vichy solar project.

“Okay, so I got an email from Vesper,” Brewer said. “And they say, ‘First, I want to confirm that the application and letter I previously submitted are the official submissions for the road crossing and road right of way construction application for the Vichy solar project. Second, please note that the bore diameter will be around 42 inches, but may range from 36 to 48 inches.’”

The inquiry references a set of procedures approved by the Maries County Commission on June 30, 2025, titled Road right-of-way and road crossing procedures for buried lines in Maries County, Missouri. The policy governs the installation of buried utilities within county road rights-of-way and supersedes all prior procedures.

Under the adopted rules, any utility company or individual seeking to bury wire, pipe, cable, fiber optics or other lines within a county road right-of-way must submit an application to the county clerk at least two weeks before construction begins. Applications must include complete construction plans, and projects located within the 100-year floodplain must also be accompanied by a floodplain development permit.

The procedures require buried lines to be installed a minimum of 48 inches below the roadway and 48 inches below the flow line of ditches. In areas where solid rock is encountered, utilities must still be buried no less than 48 inches deep with approval from the county road and bridge department supervisor or a designated representative.

Road crossings that disturb surface rock must be backfilled according to county specifications, with any settling corrected within 90 days. Lines near bridges or road tubes must be installed at least two feet below pipes, and no lines may be attached to bridges without prior county approval. Utilities installed within county rights-of-way must be placed as close to property lines as possible and may not run parallel within the roadbed unless specifically authorized.

During the Jan. 5 meeting, Brewer also told commissioners she had received emails from a county resident expressing opposition to Vesper Energy’s project and urging the commission not to cooperate with the company.

“Okay, so it looks like two emails for you commissioners,” Brewer said. “It’s from Curtis Cattau, ‘Maries County commissioners, do not relent against Vesper Energy. They’re making requests, and we have no obligation to give them anything. Do not give them any procedures to apply. You are right. We don’t want anything to do with Vesper or any solar project. Stand your ground and keep putting them off indefinitely.’”

The email continued by urging commissioners to seek outside involvement and reject the project entirely.

“They are promising $22 million that we will never see,” Cateau wrote. “Make them give us the money up front or no deal. You are doing what is right for Maries County, and you have our full support in keeping them out.”

Brewer said a second email from the same individual raised concerns about projected tax revenues associated with solar projects.

“Commissioners, I’ve been extremely skeptical regarding the promises of tax revenues collected from these solar projects,” Cateau wroted. “Vesper continues to make no guarantees that Maries County will receive a single penny of tax revenue from the project.”

The email cited differing revenue figures allegedly provided to county officials and referenced another county’s experience in Ohio following the sale of a completed solar project to a foreign investor.

“Brown County (Ohio) was deceived, and we cannot allow that to happen here,” Cateau wrote. “I’m willing and able to do anything it takes to shut this project down for good.”

The county’s right-of-way procedures also establish requirements for road access during construction, mandating warning signs for public safety and requiring that at least one-half of a roadway remain open unless a closure is approved by the commission.

Surety bond and deposit requirements vary by project type and size, with the county reserving the authority to stop construction if work does not meet specifications and to require full reimbursement for any damage to county roads or rights-of-way. Inspections may occur before construction, during installation, at completion and one year after completion.

Final release of any deposit or bond is subject to approval by the county commission following a recommendation from the county road and bridge department.

The procedures were signed and sealed June 30, 2025, by Presiding Commissioner Vic Stratman, Eastern Commissioner Doug Drewel and Western Commissioner Pat Kleffner.