Highland urged to make wind company get permit

MONTEREY — Highland supervisors aren’t the only ones concerned about the potential lawsuit over the proposed wind energy project here.

Pocahontas County, W.Va. commissioner David Fleming attended the board’s Tuesday meeting, asking for an update on the utility’s progress, and the supervisors’ thoughts on the lawsuit.

A group of Highland residents and landowners, joined by the national Animal Welfare Institute and Highlanders for Responsible Development, has retained Washington, D.C.-based environmental law firm Meyer, Glitzenstein and Crystal. On May 14, MGC attorney Bill Eubanks sent a notice of intent to sue HNWD and Highland supervisors if a federal Incidental Take Permit is not obtained before the developer begins construction on its 38-megawatt utility.

Fleming had seen a copy of the notice. “It touched on aspects about this project I spoke to you about earlier,” he told the board Tuesday, “an Incidental Take Permit in particular. Highland New Wind said they would look at getting an ITP, and now they seem to be looking at alternatives to the ITP process. I’m aware the letter expressed concerns about the developer, not about this board of supervisors … but (the notice) is holding you liable if you grant a building permit without an ITP. You’re responsible. I just wanted to ask what your thoughts are on this.”

Supervisor David Blanchard told Fleming the board hasn’t had a chance to discuss the notice with county attorney Melissa Dowd yet.

Dowd interjected, telling supervisors, “You are under no obligation to answer Mr. Fleming’s questions, and I respectfully request that you say you have no comment.”

Supervisor Robin Sullenberger responded to Fleming, nonetheless. The intent-tosue notice, he said, “is very similar to what we’ve gotten before.”

The board has been notified of the intent to sue in federal court twice already by Woods Rogers of Roanoke, representing other citizens with similar interests in seeing HNWD obtain an ITP before construction — the first time was in 2005, shortly after the board approved a conditional use permit for the project.

Sullenberger told Fleming that HNWD has not commented publicly on its project in awhile except to say it “might” pursue getting an ITP. “But that did not result in any written or verbal commitment to do so,” he said. “They have not taken any action toward that that we’re aware of.”

Dowd also confirmed to Fleming that HNWD has not applied for any building permits yet.

Fleming said he’s still hoping his commission and Highland supervisors can find an opportunity to meet at some point. In the meantime, he urged the board to consider asking HNWD to get an ITP. “I think it’s a good thing to do to protect them as well as you. It’s only a matter of time before Pocahontas will be asked to entertain a wind project, too, and I hope we would encourage the pursuit of an ITP. I encourage you to see if we can encourage HNWD to seek that process,” he said. “I encourage you to protect yourselves and your citizenry from potential litigation.”

Supervisor Jerry Rexrode requested a closed meeting later that night so the board could discuss the notice of intent to sue with Dowd; no action was taken.