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Landowners File Petition Against Roth Rock Project

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Aug. 12, 2010

Landowners residing near or adjacent to the wind turbine project of Synergics Energy Services LLC at Roth Rock just south of Red House have filed a petition asking for judicial review of the actions or inactions of three local agency heads.
Named as defendants in the petition, filed last Friday in Garrett County Circuit Court, are Reggie Breeding, stormwater management engineer for the Permits and Inspection Division, Planning and Land Development of the Stormwater Management Office; James Torrington, chief of that same agency; and John Nelson, director of the Garrett County Department of Planning and Land Development.

The petition alleges that the officials have failed to enforce the county’s stormwater management ordinance. Specifically, it alleges that Breeding has not conducted any inspections on the site of the Synergics wind project, nor has he submitted any written reports of inspections, which is in violation of the ordinance.

Further, it alleges that Breeding’s supervisors, Torrington and Nelson, have also violated the ordinance by not directing Breeding to conduct the required inspections, and that they have failed to enforce the ordiance by not suspending or revoking the permits that were granted to Synergics.

It notes that the ordinance provides that any grading permit may be suspended or revoked for various reasons, including: a violation occurs, site runoff characteristics change, or construction does not comply with the approved plan.

The petition states that “multiple violations have occurred on the Synergics wind project … which have been noted in a complaint filed by Eric Robison to Scott Boylan, the division chief of the Maryland Department of the Environment.”

Read the rest here.

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Wind Turbine Opposition Group Pens Official Letter

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Jul. 8, 2010

Save Western Maryland, a group of persons working against the proliferation of wind turbines in Garrett County, joined the Maryland Conservation Council and several concerned citizens in penning a letter late last month to wind proponents. The letter gives “official notice” to Constellation Green Energy LLC, Clipper Windpower Inc., Criterion Power Partners LLC, Old Dominion Electric Cooperative Inc., and the Garrett County commissioners that the installation and operation of the Constellation Wind Energy project will violate the federal Endangered Species Act (ESA).
“Available evidence demonstrates that the Constellation wind project will almost certainly result in unauthorized ‘takes’ of Indiana bats and Virginia big-eared bats, triggering criminal and civil enforcement actions,” a spokesperson for the group said. “Upon expiration of a 60 day period, suit may be filed in federal court.”

Read the rest here.
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Garrett building permits increase; not for housing

Construction boost coming from wind project on Backbone Mountain near Eagle Rock
Megan Miller
Cumberland Times-News

OAKLAND — The number of Garrett County building permits issued in the first quarter of the year increased by more than 16 percent over the same period in 2009, even while the county’s housing starts continued to drop.

Jim Torrington, chief of the permits and inspection division of the Department of Planning, said the increase is attributable to individual permits for 28 commercial wind turbines currently under construction atop Backbone Mountain near Eagle Rock. Those permits account for all but 10 of the 38 commercial permits approved.

Overall, the county issued 121 building permits from January through April, with a builder declared value totaling more than $103 million.

The number of permits granted for single-family homes continued to decline, with 23 issued in the first quarter. By comparison, the county issued 28 such permits in the first quarter of 2009, and 60 for the same period in 2008. That amounts to a 62 percent decline between 2008 and 2010.

And just five of those homes are within the Deep Creek Lake watershed, compared with 10 in 2009 and 26 in 2008.

But Torrington said there are some encouraging signs for the local economy.

“We see a trend of things picking up,” he said. “We have a lot of contractors calling, and just in the last week we’ve issued several permits for homes, some large homes.”

Much of the work now being done is to repair the damage of the hard winter on things like porches, decks and accessory buildings, he said. The county doesn’t charge a permit fee for most of those projects.

The number of building permits approved annually has been dropping since at least 2005, down 31 percent between 2005 and 2009. The number of permits for single-family homes has also dropped consistently, by 58 percent in that period.

Torrington said that while construction now appears to be on the upswing, the economic downturn could have a lasting impact on the county’s growth.

“We may never be at the rate we were before,” he said.

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Clear-Cutting Project For Wind Turbines Abruptly Halted By MDE

Clear-Cutting Project For Wind Turbines Abruptly Halted By MDE

Mar. 25, 2010

Work began in earnest this past week in clearing forest land near Eagle Rock just south of Deer Park for the erection of over two dozen 400-plus-foot wind turbines, the first to be erected in Garrett County.
The project calls for the placement of 28 turbines along that section of Backbone Mountain, with an additional 17 in the Roth Rock area of the same mountain ridge, just south of Red House.

Startled residents in the Eagle Rock area, some located within just 15 or 20 feet of the project, used words such as “shocked” and “horrified” when they were awakened by the sound of chainsaws, trucks, dozers, and massive excavating machines felling thousands of trees adjacent to their properties. Several acres of forestland timber were leveled within a matter of a few days.

The project, however, came to an abrupt halt Tuesday after one of the residents – who happens to be a contractor – suggested that the work was being done in a manner that was not in compliance with state environmental law.

“I don’t think they counted on someone living up there who knows all about such things as excavation and building permits,” said Eric Robison, who recently constructed his own new home close to the site.

Evidently Robison’s concerns were legitimate, as the Maryland Department of the Environment (MDE) ordered Constellation Energy and the contractor, All Construction Inc., Mt. Storm, W.Va., to immediately cease any further grading or disturbance activities, take corrective action to eliminate the discharge of sediment-laden water, and submit to the Garrett Soil Conservation District a revised erosion and sediment control plan to address the current plan’s sediment control deficiencies.

More specifically, according to MDE information office spokesperson Jay Apperson, a super silt fence was not properly installed at least eight inches below the ground surface, and consequently sediment laden water was flowing under and around the fence.

In addition, he said, the volume of water flow on the site appears to be much greater than the controls required by the current erosion and sediment control plan can effectively handle to prevent significant sediment flow off site.

Melisa and Justin Carrico, who reside directly across the street from the site where a high-voltage substation is to be constructed for the wind farm, contacted the Garrett County commissioners, requesting that they come out to the site to observe what was taking place. The commissioners declined the invitation, but agreed to meet with the Carricos at the courthouse Tuesday morning.

Among those present besides the Carricos were Commissioners Ernie Gregg and Fred Holliday, county administrator Monty Pagenhardt, and Robison, a neighbor of the Carricos.

“I feel as though I have lost all faith in the government to protect me,” Melisa Carrico told the commissioners in a prepared statement. “To know that what happened to me will happen to many other families, neighborhoods, and environments in Garrett County is absolutely unacceptable.”

She criticized the commissioners, saying that what is happening to her and her neighbors is an “act of destroying my safety, my environment, my property, and my community.”

“Yet you act as though you had no idea, and that you are sorry for about being part of a county government that obviously doesn’t protect its citizens,” she said.

Robison estimated the value of his new house to be at least $400,000, but acknowledged that this figure is now greatly diminished because of the project.

“Numerous groups have suggested many times that safety precautions, as well as environmentally sound practices, be implemented,” Carrico continued. “It is evident that we, the citizens of this county, were not protected. On every occasion nothing was done. You had seven years to stand up and protect us. That is your job.”

Justin Carrico said that among the reasons they purchased their house, valued at nearly $200,000, where it is was because of its quiet, pristine location, and the beauty of the forests.

“It’s certainly not quiet anymore,” he said, “and the forest right across the road, where I enjoy turkey hunting, has been leveled.”

Concern was also expressed about the damage to Eagle Rock Road, with Robison saying that it is literally being destroyed by the heavy equipment.

“That road really does not have an adequate base under it anyway, and there’s not going to be much of it left,” he said.

Reportedly, Constellation Energy will be responsible for repair and/or replacement of the road, according to the commissioners.

Melisa Carrico repeatedly asked the commissioners what they were going to do to help her and her neighbors, but Gregg and Holliday did not respond initially. Finally, Commissioner Gregg said, “I don’t know, Melisa. I don’t know.”

After hearing about the alleged violations at the site, the commissioners did say they would immediately contact the various permitting agencies involved, as well as John Cook, enforcement officer for the MDE.

Cook later confirmed that the project had been shut down, at least temporarily, and referred the matter to Apperson at the information office.

When asked what the next step would be for the contractor to be able to resume work at the site, Apperson said that he would have to install the super silt fence properly, devise and implement corrective action to eliminate the discharge of sediment-laden water as soon as possible, and have an engineer submit a revised erosion and sediment control plan to address the current plan’s sediment control deficiencies to the Garrett Soil Conservation District for review and approval.

He said that if the revised plan is not approved by April 5, the contractor would have to stabilize the entire site and not disturb earth until a revised plan is approved and implemented.

In addition, he would be required to submit copies of self-inspections for the site.

“MDE is reviewing the situation at the site to determine if the stream of water discharging from Eagle Rock Road should be considered to be state waters,” Apperson said, “in which case a waterway construction permit with additional requirements will be needed.”

Read the rest here.

If you are thinking of buying or selling real estate in Garrett County or Deep Creek Lake, Maryland, call Jay Ferguson of Railey Realty for all of your real estate needs! 877-563-5350

House Committee To Review Beitzel's Wind Turbine Bills

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House Committee To Review Beitzel’s Wind Turbine Bills

Mar. 11, 2010

The House Economic Matters Committee will hear three separate proposals sponsored by Del. Wendell Beitzel next Tuesday, March 16 – House Bills 390, 791, and 1013.
HB 390 would give the Garrett County commissioners the authority to enact ordinances regarding commercial grade wind turbines. Specifically, the measure would authorize the commissioners to enact ordinances regarding setbacks and the decommissioning of wind turbines.

This bill has been supported by the Garrett County commissioners and the Garrett County Board of Realtors, Beitzel noted.

“This measure was brought to Sen. George Edwards and me as a request from the Garrett County commissioners during a pre-legislative meeting to set minimal standards for wind turbine development in Garrett County,” Beitzel said.

HB 791 and 1013 would be statewide in scope. HB 791 would require the Public Service Commission and the Department of Natural Resources to jointly develop performance standards regarding wind-powered electric generating turbines erected in the state.

HB 1013 would require a surcharge, bond, or other security for the removal of wind-powered electric generating facilities in the event that they outlive their usefulness.

“These measures provide some much needed regulatory controls for wind turbine projects with capacity of less than 70 megawatts that have been exempted from the need to obtain a Certificate of Public Convenience and Necessity since the passage of Senate Bill 566 in 2007,” Beitzel added.

Read the rest of the article here.

If you are thinking of buying or selling real estate in Garrett County or Deep Creek Lake, Maryland, call Jay Ferguson of Railey Realty for all of your real estate needs! 877-563-5350

Wind farm opponents seeking clarification on federal court ruling

Wind farm opponents seeking clarification on federal court ruling

Feel recent decision could impact projects in Western Maryland

Megan Miller
Cumberland Times-News

CUMBERLAND — A recent federal court decision has some Western Maryland wind farm critics pushing state and local officials for increased regulation.

On Friday, a letter signed by the four members of the District 1 legislative delegation was sent to Maryland Attorney General Douglas Gansler, seeking a formal opinion on the responsibility of state agencies “as it relates to the protection of the state’s endangered species.”

The letter, sent at the urging of former state senator and Allegany County resident John Bambacus, asks the attorney general to consider whether Maryland state law prohibits a corporation from building wind turbines if the project could potentially harm endangered species.

The question centers on two issues: the first, a recent federal court decision placing restrictions on a West Virginia wind farm because of concerns it could harm an endangered bat; the second, Maryland legislation that went into effect July 1, 2007, to allow proposed wind power projects to bypass an extensive permit review process if the projects have a maximum capacity of no more than 70 megawatts.

In early December, a federal judge halted the construction of additional turbines at Beech Ridge Wind Farm in Greenbrier County, W.Va., because of concerns that the federally endangered Indiana bat could be harmed by the project. The case reached a settlement that allowed construction to move forward, but will limit the facility to about 20 fewer turbines than originally proposed and restrict operation times to daylight hours during the summer months, when bats tend to be active at night.

D.J. Schubert, a biologist with a group opposing the Beech Ridge project, called the settlement a victory for those who feel green energy companies “have to be held to some standard in terms of ensuring their projects do not harm and threaten the environment,” according to the Associated Press.

“A standard has been set now, and we certainly hope the renewable energy industry takes heed,” Schubert said.

Bambacus and some other Western Maryland residents say they believe the case did set a standard, one they want Maryland to follow by toughening up the Public Service Commission’s review process for wind farm permits.

“Prior to the 2007 legislation, Maryland had one of the strongest and most respected programs in the U.S.,” Bambacus said. “None of us could argue that the process itself was faulty. Now there’s virtually no process at all.”

Previously, wind power developers in Maryland were required to secure a permit known as a Certificate of Public Convenience and Necessity. Developers had to go through an extensive review process with the PSC, including conducting environmental review studies and making their case for a permit in formal administrative law proceedings. In those proceedings, other parties, including government agencies, environmental groups, and individuals, could file their own testimony and cross-examine other parties involved.

But since 2007, wind developers can apply for an exemption from the certificate requirement. Developers still have to notify a long list of state and federal agencies, including the Department of Natural Resources and the U.S. Fish and Wildlife Service, about proposed projects, but the exemption process cuts down on things like project review time and impact studies, as well as the public’s ability to weigh in on an application.

Both Sen. George Edwards and Delegate Wendell Beitzel filed bills in the 2009 legislative session to repeal all or part of the exemption law, but the measures failed.

Despite the fast-track legislation, and the PSC’s approval of several wind project permits, no wind farms have actually been erected in Maryland to date. But Bambacus said he thinks the 2007 legislation leaves a lot of unanswered questions about the potential impact of such facilities in the state.

For example, wind farms in Western Maryland could also have an effect on the Indiana bat. Dan Feller, western region biologist with the DNR, said Indiana bats haven’t been confirmed in Garrett County since the mid-1990s, but one was found in Allegany County as recently as the late 2000s. Feller said major hibernation spots for the bat are located less than 20 miles from Maryland in West Virginia.

“We know they’re around, and they’re very rare,” Feller said.

Bambacus called the letter to the attorney general “my last gasp” before turning to the courts for an answer.

Kimberly Connaughton, an Oakland attorney and Garrett County resident concerned over proposed wind power development projects at Backbone Mountain near her home, said she, too, sees the Beech Ridge decision as opening up new legal options for pursuing stricter regulation.

Connaughton, along with her husband, Stephan Moylan, and neighbor Eric Tribbey, sent an open letter to the Garrett County Commission at the end of January, requesting it to rescind or put on hold all pending and granted permits related to wind project construction in the county.

“At this point, we’re trying to get the local executive branch to do something,” Connaughton said. “The last thing we want to get involved in is a federal lawsuit. That’s not what we want to be doing, but we don’t want the highest, longest ridge in Maryland to be ruined forever.”

If you are thinking of buying or selling real estate in Garrett County or Deep Creek Lake, Maryland, call Jay Ferguson of Long & Foster Real Estate for all of your real estate needs! 877-563-5350

Delegation to hear concerns on sheriff’s office, slots, wind power

Delegation to hear concerns on sheriff’s office, slots, wind power

Kevin Spradlin
Cumberland Times-News

(from article)

In Garrett County, emergency services, legislation to authorize an increase in the hotel/motel tax and to establish minimum setback requirements and decommissioning standards for commercial wind turbines are key issues.

Among statewide issues, local organizations are seeking state lawmakers’ support in keeping teacher pensions state-funded and to modify the collective bargaining process that currently allows the state Department of Education, instead of an independent mediator, to serve as final authority in labor disputes between teachers’ unions and the state board.

Rocky Gap State Park is one of five locations authorized to operate slots. The eastern Allegany County facility is permitted up to 1,500 machines. To date, there has been no qualified bid submitted for the site. The Allegany County commissioners asked the delegation in November to introduce a bill that would allow third parties to purchase licenses to operate some of the machines.

The Garrett County commissioners have asked the delegation to introduce a bill that would grant them the authority to increase the hotel/motel tax. It’s an issue that local businesses and property owners object to. Joyce Bishoff, interim president of the Garrett County Chamber of Commerce, indicated that an accommodations tax increase could turn people away from visiting.

The commissioners also want the authority, as their counterparts in Allegany and Kent counties do, to have public sales of homes of residents who are 60 days or more delinquent in the payment of water and sewer bills. During a November meeting, the county’s Department of Public Utilities noted property owners were more than $280,000 in arrears.

There have been a number of requests from private individuals and agencies as well.

Linda Jones of the Garrett County side of Lonaconing is asking the delegation to continue pushing for equal payments for widows deemed “wholly dependent” and “partially self-supporting” after a death in the workplace. Jones, whose husband Dale Jones was killed in April 2007 during a mining incident along with Frostburg resident Michael Wilt, praised the passage of legislation in 2009 that increased payments, but wants a level playing field.

Frostburg resident and former state senator John Bambacus has appealed to the delegation to codify Gov. Martin O’Malley’s ban of wind turbines on state land. Bambacus said the ban currently is continued only at the whim of the state’s chief elected officer.

Bambacus also wants legislation introduced to prohibit wind turbines on mountain ridges in Garrett and Allegany counties.

In correspondence with Bambacus, Delegate Wendell Beitzel said such legislative efforts might be “futile … due to the current frenzy to develop alternative energy sources and the governor’s opposition to anything that stands in the way of wind energy development.”

Beitzel also said that such legislation “could come back to haunt us” if it would prevent other possible uses that would “foster economic development, recreational infrastructure and tourism-related activities.”

If you are thinking of buying or selling real estate in Garrett County or Deep Creek Lake, Maryland, call Jay Ferguson of Long & Foster Real Estate for all of your real estate needs! 877-563-5350

Wind facility would threaten endangered species

Wind facility would threaten endangered species

To the Editor:
Cumberland Times-News

Dear Mr. Secretary: In light of the recent federal court ruling on endangered species, I am trying to understand the department’s position on current Maryland law which exempts any industrial wind plant project from comprehensive environmental review process (PSC CPCN hearing process) if its generating capacity is limited to 70MW or less.

You will recall that the department opposed the passage of this law, requested by Synergics President Wayne Rogers after he withdrew his initial 40MW proposal targeting the Roth Rock ridge in Garrett County when faced with endangered species conditions he found objectionable.

Under SB 566, which passed the General Assembly in 2007 and was signed by Gov. O’Malley, Rogers reapplied for an exemption, again for a project along Roth Rock, this time requesting to build a 50MW plant.

Synergics has argued that the PSC cannot consider in its “exemption” determination any issue other than “grid safety and reliability.” Current law, as I understand it, precludes any comprehensive environmental review, and thus the conundrum facing the Department.

Does the department agree that it no longer has any role to play in protecting threatened and endangered species as these might be affected by the installation and operation of 70MW or smaller wind projects?

Will it continue not to challenge the current PSC interpretation that, because it believes the Maryland General Assembly’s intention was to rescind any socio-economic or environmental oversight, it cannot deny permission to a developer of a 70MW or smaller industrial wind plant — even if the wind energy project might result in harm to species listed by DNR as endangered and thus heretofore protected under the State’s Nongame and Endangered Species Conservation Act?

In the case of the Mourning Warbler at Roth Rock, for example, a massive wind project could indeed remove this state endangered species from its only reliable nesting site in the state.

Interestingly, in Synergics’ original application for its Garrett County wind plant (Case No. 9008), the department filed extensive comments which expressly asserted and explained that the Mourning Warbler, protected under Maryland’s Nongame and Endangered Species Conservation Act, would be harmed.

Under the re-filed “exemption” application (Case No. 9191), there is no filing from the Department and no mention of the endangered Mourning Warbler issue.

As you know, I filed a request for internal DNR staff documents under the state’s Public Information Act, and was told that such records were “pre-decisional” and therefore not made available to me.

It may be that by ignoring the implications of federal law for Maryland, not to mention state law, the department is at risk for failing to implement and enforce the law.

As your expert staff knows well, Golden Eagles and other species of concern are placed at risk by any massive industrial facility placed high above the ridgelines of Maryland’s mountains.

John N.Bambacus

Frostburg

If you are thinking of buying or selling real estate in Garrett County or Deep Creek Lake, Maryland, call Jay Ferguson of Long & Foster Real Estate for all of your real estate needs! 877-563-5350