HNWD urges county to approve erosion plan

MONTEREY — Highland New Wind Development does not want its Erosion and Sediment control plan to be rejected by county building official Jim Whitelaw.

A letter from HNWD attorney John Flora last Friday told Whitelaw he has had plenty of time to review the plans over the last three years, and only a few changes are needed at this point.

"I understand that at Monday's Technical Review Committee meeting there is a good chance that you will, based on the Mattern & Craig letter of July 7, provide my client with a written Notice of Disapproval …" Flora wrote.

"As usual in Highland County, the newspaper and the opponents to this project are clamoring for you to reject the Erosion and Sediment Control Plan. I respectfully request that you not reject the plan and authorize your outside engineering firm, Mattern Craig, to meet with Blackwell Engineering to review and revise the plan, if necessary," he told Whitelaw.

Monday, at the TRC meeting, Whitelaw did not reject the plan, but county attorney Melissa Dowd said that's essentially what happened when HNWD was given the list of concerns from Mattern & Craig, the firm hired by the county to review the plan. Whitelaw made no formal determination this week.

Flora said Whitelaw had two separate occasions to review, comment on, and discuss the plan. "At this final stage, you decided to change outside consultants, which is certainly your prerogative," he wrote.

He pointed out the county's previous consultant, Tom Atkeson, told the county in 2006, "I consider this submission as approved by this office, subjected to the conditions listed above."

"Those four conditions were completely addressed in the most recent submission," Flora told Whitelaw. "When another professional firm reviews the same plans, it is not surprising that some additional modifications would be requested. However, these revisions and modifications are not substantive or material enough to justify a rejection. Instead, it seems to me that you should provide the engineers an opportunity to review and revise the plans cooperatively to be sure that they satisfy relevant law. With a meeting between the two firms, during the week of July 13-July 17, I am confident that a revised plan can be made available to you for your review so that you can approve the plan on Tuesday or Wednesday of the following week, which falls within the 45-day time limitation."

Flora outlined the E&S plan's review history, saying it began work with Blackwell Engineering on the plan shortly after the county approved HNWD's conditional use permit in 2005. That fall, he said, Blackwell submitted a preliminary plan, which was reviewed by Atkeson. "On Oct. 28 (2005), Blackwell Engineering met with you and Mr. Atkeson to review and discuss the plan," Flora told Whitelaw. "After some telephone conversations and further revisions," Blackwell submitted a revised plan dated Jan. 12, 2006. "On April 10 (2006), you consulted with Jim Echols and Paul De- Marsh from the Department of Conservation and Recreation who, according to your July 25 letter, confirmed that the plan was adequate conceptually but inadequate in detail (mostly for a lack of turbine site identification) and provided a review checklist."

During that time, Flora said, the proceedings at the State Corporation Commission required HNWD's attention. But once the state permit was issued, HNWD "expected to select turbines, finance the project, and build the project in 2008."

Blackwell revised the plans again, he said, and resubmitted them in September 2008.

"My understanding is that after consultation with Melissa Dowd (county attorney), you informed Blackwell that you would not approve the plan without the turbine sites and substations being specifically located on a site plan."

After that, Flora said, HNWD turned its attention to getting other required permits, and a permit was needed to cross the three streams on the project site with an underground power line. "That required the submission of a Joint Permit Application," Flora said. "Highland New Wind engaged Malcolm Pirnie with the assistance of Blackwell Engineering to process that permit … the JPA was approved and the stream crossings have been completely delineated."

Flora concluded in his letter, "In light of your extensive three- year review period, the use of two outside engineering firms and the input of the Virginia Department of Conservation and (Recreation), we believe you should be in a position to approve the revised plan within the 45-day time period provided by law.

"Despite the 'noise' from the newspaper and the opposition, the plan has been available for review for a very long period of time and you have, in fact, reviewed and commented on substantially similar plans," he added. "With a few 'tweaks' this part of the process should be completed if not next week, early the following week as suggested above."

County supervisors agreed Monday to allow its engineers from Mattern & Craig to meet with Blackwell engineers for a site visit this week. Whitelaw has until July 27 to approve or reject the E&S plan.

This week, supervisor David Blanchard said HNWD's letter is just the company's way of applying pressure. "They're the developer, and they want this done," he said.