Wind project hearing on again Tuesday, Dec. 22

RICHMOND — After several delays, Virginia's Department of Historic Resources will finally have its day in court before the State Corporation Commission.

The agency believes Highland New Wind Development LLC is not meeting its requirement to work with the DHR to minimize the impacts from its 38-megawatt wind utility on historic resources.

That requirement was a condition on HNWD's state permit, granted two years ago by the SCC.

The SCC required HNWD to "coordinate with the DHR for guidance regarding the potential need for archaeological and architectural surveys, recommended studies and field surveys to evaluate the project's impacts on historic resources."

DHR director Kathleen Kilpatrick told the SCC in the agency's initial complaint, "It is our reading (of the SCC's conditions) that HNWD has been directed to enter into constructive consultation with DHR."

After HNWD provided more information to DHR about the project this fall, DHR determined the 400-foot towers would have an adverse effect on the pristine, historic setting of Camp Allegheny, a Civil War battlefield in Pocahontas County, W.Va., listed on the National Register of Historic Places.

"HNWD has not demonstrated a willingness to consider and minimize the impacts of the project on this significant battlefield," Kilpatrick told the SCC. "The parties have engaged in dialogue and have discussed many avenues of mitigation and minimization of the impacts," but DHR and HNWD concluded that "further dialogue and discussion will not be fruitful, and that they have reached an impasse that requires a hearing on the merits."

Asked about the avenues discussed, DHR referred questions to the state Attorney General's Office, which represents the agency. David Clementson of the AG's office said attorneys typically do not comment on ongoing litigation.

DHR's Roger Kirchen said there was no written correspondence on mitigation discussions between his agency and the developer.

Previous hearing dates were postponed when HNWD made last-minute efforts to satisfy DHR's requests. DHR first complained in August, and the SCC set a hearing for Sept. 23. But two days before the hearing, HNWD filed a motion to eliminate discussions of "viewshed" from the hearing, so instead of the full hearing, the SCC held a hearing on only that motion. HNWD's motion was denied that day by the hearing examiner, and the evidentiary hearing was rescheduled for Oct. 13. But Oct 9, the DHR filed a motion asking for the hearing to be continued to Nov. 10 because HNWD submitted new information for the agency to consider.

Then, on Nov. 5, DHR asked the hearing be continued generally because HNWD was trying to "engage in dialogue," and the Nov. 10 hearing was cancelled.

Dec. 8, DHR told the SCC the agency and HNWD had reached an impasse, and asked for the Dec. 22 hearing next week.

DHR will be represented by Steven Owens of the AG's office.

The hearing will be held Tuesday, Dec. 22 at 10 a.m. in the Tyler Building, Richmond. It will be "web cast," meaning broadcast over the Internet, for those who cannot attend. Information on hearing the web-cast is available at www.scc.virginia. gov, under "case information."

— Anne Adams