Governor appoints commission to settle state line dispute

By Anne Adams • Staff Writer

MARLINTON, W.Va. — West Virginia is preparing to find out exactly where the state line is between Pocahontas County, and Highland County, Va., particularly as it relates to the Highland New Wind Development project.

West Virginia Governor Joe Manchin has reinstated the long inactive West Virginia Boundary Commission, appointing three members who require the "advice and consent of the Senate," in a letter Tuesday naming the commission.

Pocahontas County officials question Highland's approval of a wind energy utility near their border, and the West Virginia governor's office is contacting agencies who would be responsible for reviewing and permitting the part of the project that lies across the border.

Pocahontas asked HNWD owner Henry T. "Mac" McBride to hold off on construction until officials can meet with him, but McBride has not responded to the request.

HNWD submitted a final site plan Monday, Aug. 3, which changed by Aug. 5, but was approved by Highland officials within hours of being submitted, leaving no time for either state to review it before construction started.

Highland supervisor David Blanchard told his colleagues weeks ago, when HNWD was redrawing the state line to account for one tower, that they needed to make sure West Virginia didn't have a problem with it. He wrote a letter to county officials before the site plan was approved, saying it was in Highland's best interests to make sure HNWD moved the tower, its foundation, and its blades entirely out of West Virginia, to avoid any conflicts. Highland officials did not do that.

This week, Blanchard stands by that position. "It hasn't changed my opinion," he said. "From the very beginning of all this, I said that needs to be resolved… that's something that should have been cleared before giving the go ahead. The border (as re-surveyed by HNWD) very well may be correct, but the question was never asked," he said. "In my opinion it definitely brings (HNWD site plans) into question. Whether it is proper to carry forward at this point is a question I haven't answered for myself." Blanchard said he will consult Highland's county administrator and attorney this week.

West Virginia has historic precedence with a boundary commission that was used to demarcate that state's eastern boundary. The commission has been inactive since 1959 — the last time it was used to settle boundary issues, but the law is still on the books.

Once the commission is approved by the Senate, it will work with Virginia officials to determine the boundary; the new line, if there is one, must be approved by the West Virginia legislature. The commission has the authority to establish boundary lines presumed correct unless proven otherwise in a court of law; employ a surveyor; meet with other states to establish boundary lines and submit its findings to the legislature; recommend actions to establish boundary lines, provided other states agree; and recommend action when no agreement can be reached with another state to get an opinion from the U.S. Attorney General's office.

Commission members appointed by Manchin are Curt Keplinger of Grant County; Charles Sypolt of Glenville State College, Department of Land Resources, Gilmer County; and Tom Rayburn of Logan County.