Pocahontas determined to settle state line question

By Anne Adams • Staff Writer

MARLINTON, W.Va. — When Pocahontas County officials learned recently that an industrial wind project is under construction nearly on top of the state line between Virginia and West Virginia, they agreed they ought to know exactly where that line is.

The issue arose after county commissioners saw the final site plans, and realized at least one of the turbines proposed by Highland New Wind Development sits in the State of West Virginia, according to official maps from the U.S. Geological Survey.

Highland County, Va., officials, however, approved the company's plans after reviewing assertions from HNWD's surveyor that the USGS topography maps were not correct and, according to his field research, the state boundary actually runs a few feet away from the base of that turbine tower.

Pocahontas officials consulted USGS, and West Virginia state law, and say in their state, the USGS line is the true boundary unless it's challenged. And once there is a dispute, they say, the matter needs to go before a Boundary Commission appointed by the governor for review, and the result must be adopted officially by the West Virginia legislature.

Commission president Martin Saffer has enlisted the help of West Virginia University law professor, Robert Bastress, to investigate, and recommend whatever actions are required to settle the question of where the line falls.

This week, Saffer said it appears to Bastress after looking at the maps of the developer that there is a boundary dispute or disagreement, and if any part of the project falls in West Virginia, that state's agencies would want to take cognizance of that fact. Bastress, he said, is exploring "all legal avenues to deal with this apparent boundary question and how best to resolve it."

Further, Saffer said, "At this point, it seems certain there is a question about the exact location of the boundary line, but how to approach all of this is still being discussed."

Officials at the West Virginia Public Service Commission told The Recorder this week it, too, is looking into what kind of jurisdiction it might have over all or part of a turbine located in West Virginia. The commission is charged with permitting such facilities in its state, and its legal staff is reviewing the question.