Preservation group concerned about turbine precedent

MONTEREY — A Civil War group has contacted the county with questions about how the wind energy facility might affect historic properties.

July 28, a letter from John Ackerly III, president of the Lee Jackson Education Foundation, was send to county administrator Roberta Lambert, a member of the Technical Review Committee looking at the utility plans.

Ackerly points out the foundation owns a major part of the McDowell Battlefield. "LJEF is concerned about Highland New Wind Development's erection of 400-foot turbines to the west of McDowell, near the Allegheny Battlefield, which battle occurred only five months prior to the Battle of McDowell," he wrote.

He asked whether erecting turbines in western Highland would be a precedent for installing them in eastern county, which might adversely affect the foundation's McDowell property. "Do you have a written legal opinion on this subject that you can share with LJEF?" he asked.

"As I recall, the State Corporation Commission directed HNWD to coordinate with the Virginia Department of Historic Resources for guidance to evalu- ate the project's impact on historic resources. Does Highland County have confirmation that DHR is satisfied that HNWD has complied with the SCC condition? If not, will Highland County obtain such confirmation before issuing its approval for the project? The legal opinion confirming the absence of precedential effect and HNWD's compliance with DHR guidance will be helpful to LJEF and its stewardship of the McDowell Battlefield."

Ackerly's concerns were addressed by county attorney Melissa Dowd Monday.

"We have not set a legal precedent," she told county officials. "We have a zoning ordinance and a comprehensive plan … any project anywhere has got to fit those. Each application to the board of supervisors comes in on its own merits and its own set of facts."