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Garrett group hires lawyer to halt wind farm development

Megan Miller Cumberland Times-News

Deer Park — DEER PARK — Opponents of a Garrett County wind power project have hired the same attorney who helped another opposition group delay a West Virginia wind farm in federal court.

Morgantown attorney Brad Stephens represented the group Mountain Communities for Responsible Energy in opposing the Beech Ridge Energy wind farm during its permit process with the West Virginia Public Service Commission. The PSC approved the permit, but subsequent legal action delayed construction and caused the developer to scale back the number of turbines and change some turbine locations.

Now a Garrett County group, calling itself Save Western Maryland, has hired Stephens to fight the Constellation Energy wind farm currently in construction atop Backbone Mountain.

Stephens said he could not discuss the situation because no legal measures have yet been taken, but confirmed that he is representing the group and looking into possible legal action to halt the project.

According to a statement on the Save Western Maryland website, the group is looking at what course of action “will be most effective in bringing public attention to the devastating effects of the wind projects presently underway, and further forcing the companies and governmental bodies responsible to comply with all applicable laws and regulations.”

The project consists of an electrical substation and 28 415-foot wind turbines atop Backbone Mountain near Eagle Rock.

Constellation spokesman Larry McDonnell said the developer has nearly completed clearing all the turbine sites and is now focusing on constructing the foundations for the turbines.

“We remain on schedule and moving ahead,” McDonnell said.

Visible construction work on the site began in mid-March, but work was halted for a short period by the Maryland Department of the Environment, after complaints from neighboring residents that Constellation’s erosion and sediment controls did not comply with state environmental law.

Construction company owner Eric Robison, whose Eagle Rock Road home sits nearly adjacent to the substation site, said residents have since filed additional complaints with MDE, but have been told the agency found no further cause for shutting down the construction.

Robison said previously that he examined the site and project permits and believed the erosion controls “weren’t even remotely correct.”

But Constellation said it’s taking care to work in an environmentally responsible manner.

“We’re constructing this project and will operate this wind facility in a manner that is in full compliance with all applicable laws and regulations,” McDonnell said.

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

Nordex Awarded 50 MW Project for First Maryland Wind Farm

CHICAGO, May 11, 2010 (GLOBE NEWSWIRE) — Construction of Maryland’s first wind farm has begun. Nordex USA, Inc. has been awarded an order for 20 N90 2.5 megawatt wind turbines to be installed at a 50-megawatt wind farm in Garrett County, Maryland. The contract with developer and future operator, Synergics, includes installation and a five-year maintenance agreement.

Nordex will begin delivering and installing turbines in August, with completion and commissioning of the project slated for December 2010. The “Roth Rock” wind farm will generate about 124,000 megawatt hours of electricity per year, which is enough to power nearly 11,300 homes at rates that are cost-competitive with existing fuel sources. The project will also provide a boon to local communities in the form of significant tax revenue.

“The Roth Rock project proves that wind can sustainably and affordably power our homes and businesses while benefiting local communities,” said Ralf Sigrist, President and CEO of Nordex USA. “Nordex’s advanced turbine technology has made wind power a competitive alternative to environmentally costly and finite fossil fuels, and we are proud to be the first to help bring that advantage to Maryland.”

The 20 high-speed turbines will stand atop Backbone Mountain along an undeveloped ridge stretching three miles (five kilometers). Located in the western corner of Maryland near the West Virginia and Pennsylvania borders, Roth Rock will displace about 107,000 tons of carbon dioxide emissions in a region traditionally dependent on coal.

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

Local landowners, company cited by state

For the Cumberland Times-News Cumberland Times-News

Cumberland — CUMBERLAND — Two Garrett County landowners and an Allegany County company were included in a recent Maryland Department of the Environment action seeking penalties for alleged violations of requirements for water and land management.

Robert G. Renfro and Annette Sante of Swanton are required to pay a $4,500 penalty as part of a settlement agreement to resolve alleged sediment control, sediment pollution, waterway construction and nontidal wetland violations that occurred Aug. 6.

The alleged violations involved unauthorized grading for an access road, excavation and breaching of a small pond, and excavation of an outlet channel through nontidal wetlands.

State laws require that property owners notify MDE before conducting any work in tidal and nontidal wetlands, their buffers and waterways of the state. MDE assesses the impact of any work on tidal and nontidal wetlands and, if appropriate, will issue a permit authorizing the work.

Cumberland Concrete Corp. of LaVale is required to pay a $10,000 penalty as part of a settlement agreement to resolve alleged discharge permit violations that occurred at the company’s redi-mix and concrete block manufacturing plant. The alleged violations involved discharges of pollutants to Braddock Run and failure to develop and implement a pollution prevention plan.

A pollution prevention plan has been developed and is being implemented.

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

Real estate's new problem: Not enough homes

By Les Christie, staff writer
May 11, 2010: 4:27 AM ET

NEW YORK (CNNMoney.com) — Can it be possible? Despite the housing bust and high foreclosure rates, in some areas real estate agents are complaining that they don’t have enough homes to sell.

There is currently an eight-month supply of homes on the market — meaning that, at the current sales pace, it would take eight months to run through the backlog.

That’s still a lot compared to the six-month supply that is expected in a normal market, but it is much better than it was. In March, there were nearly 2% fewer homes on the market than there were a year ago, and 21.7% fewer than the record of 4.6 million in July 2008.

In some areas, supplies are even bidding-war tight. In Denver, for example, supply has fallen to 5.7 months from 6.2. In Phoenix it has declined to 4.5 from 5.2; and in San Francisco inventory has halved, to 3.2 months from 6.5 last March.

In California, almost all cities have a short supply of single-family homes. That’s especially true in the lower-priced categories, according to Leslie Appleton-Young, chief economist for the California Association of Realtors.

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

April 2010 – Lot & Land Market Update

The lot & land market remains flat. There were only 4 sales in all of Garrett County last month. The bright side of that is that sales were up 33% from last month (3 sales total), but the year to date total is 17 lot sales – incredibly low.

325 acres sold for $450,000 (67% of asking price)- that’s bad news for large tracts of land, as the price per acre is approx. $1,385.00.

There was a 2 acre building lot on Glendale Rd that sold for $55,000 – 91% of asking price.

Also, a Deep Creek Lake building lot with a decent lake view sold for $105,000 (62% of asking price).

Railey Realty had 3 of the lots listed, and also sold the same 3 lots – 75% of the lot/land business in April.

I warned you last month that there will be some shocking numbers coming – and I know that trend will continue through the summer.

There are 8 lot/listings currently under contract out of 637 available listings. Both of those numbers have increased since March 2010.

Financing on land remains a HUGE factor with this, as most banks are requiring 30-50% down payment to buy land. If you have the means, there are some incredible deals out there, as you can see. You never know until you make an offer!

Search for available real estate 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

Real estate for sale – 159 Glotfelty Dr – GA6642444


A custom built 4 bedroom home with LOTS of built-ins and upgrades! Newer roof, windows, a 3 car garage, pavilion…

Click here for more info

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

7th Anniversary Of Memorial Wall


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Mother’s Day will mark the 7th anniversary of the memorial wall located on the property of Our Town Theatre’s Backstage building in Oakland. The wall was dedicated to all the citizens of Garrett County who “died too young.” The board of directors at Our Town Theatre opens up the list for additional names at this time every year. Persons who would like to add a young person’s name to the wall may do so by sending information to Jane Avery, artistic director. Each brick can contain three lines of print: the child’s first name forms the first line and his/her last name the second line, and the years of the person’s birth and death are the third line. Persons are asked to print this information neatly, or type it, and send it before May 31 to Jane B. Avery, c/o Our Town Theatre, 121 Center Street, Oakland, MD 21550.

Each brick costs $25. Persons are not asked to donate the money, but are welcome to do so if they wish. Avery said there is enough money in the memorial fund to carve two or three bricks. Those who would like to donate to the wall project may send a check made out to Our Town Theatre Special Projects to the address noted above. For more information, persons may call Avery at 301-334-5640, ext. #3.

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

Hearing Planned About Grantsville Coal Mine Permit

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May. 6, 2010

A public hearing concerning a tentative determination for a permit to discharge water from a proposed underground coal mine near Grantsville will be held on Wednesday, May 19, at 6:30 p.m. at the Grantsville Elementary School cafeteria.
The hearing was scheduled by the Maryland Department of the Environment (MDE).

Maryland Energy Resources LLC, Indiana, Pa., submitted the application for a permit to discharge an average of 500,000 gallons per day of mine drainage and variable volumes of storm water from the proposed mine. The site is located along Durst Road, southwest of Grantsville to the north branch of the Casselman River.

According to the MDE, the permit requires immediate suspension of the discharge in the event of mine drainage temperature or pH exceedance, wastewater operator certification, biomonitoring, restrictions on the use of treatment chemicals, best management practices, a storm water pollution prevention plan, and additional requirements for acid mine drainage. The permit also requires a study of stream flow velocity to support an authorization for a higher flow limit for mine drainage.

MDE noted that it has been determined that at least two state listed endangered species habitats are situated downstream from the discharges that are authorized under this permit.

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

U.S. Rt. 219 North Project Is Now Garrett Co.'s Top Highway Priority

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May. 6, 2010

The U.S. Rt. 219 North project is now listed as number one on Garrett County’s list of highway priorities, at least on paper. For several years, it was in second place, with the Oakland bypass in the number one spot. The southern project is now number two.

The switch in positions, however, does not mean the bypass is less important, county officials stressed during a nearly one-hour impromptu meeting at the county commissioners’ office Tuesday afternoon.

“I’m not saying that the bypass isn’t important; I’m not saying I don’t support it; I’m not suggesting it get killed or be slipped through to the bottom,” said Director Jim Hinebaugh, Garrett County Department of Economic Development. “The reality is we’re being asked to move this section of road (219 North) as our top priority, on paper, for the time being, to show that it is important to us.”

In addition to him and Commissioners Fred Holliday and Ernie Gregg, those in attendance included Sen. George Edwards; Del. Wendell Beitzel; Oakland mayor Peggy Jamison and councilman Jay Moyer; Director John Nelson, Garrett County Department of Planning and Zoning; and local resident David Moe. Hinebaugh and Moe are members of the Greater Cumberland Committee (TGCC).

Hinebaugh requested the meeting and the change in priorities. He noted the TGCC has made the U.S. Rt. 219 North/South Corridor its top priority in terms of projects.

“When I’m talking about the North/South Corridor, I’m talking about 219 North of Interstate-68, Interstate-68, and east of Cumberland, 220 South,” the director said.

He indicated that it was a perfect project for the TGCC to take on, as it represents the three counties directly affected by the project: Garrett, Allegany, and Mineral (W.Va.). Garrett County’s portion of the corridor project involves 2.54 miles of Rt. 219 North, from I-68 in Grantsville to the Pennsylvania line.

“To the Greater Cumberland Committee’s credit, they’ve made a lot of progress in elevating the awareness of this project on the federal level and even getting some pretty good support,” Hinebaugh said about the group’s lobbying efforts.

During a TGCC North/South Corridor Workgroup meeting, however, it was noted that those efforts would be more effective if the project were the top priority for all three counties, as well as Somerset County, Pa.

Hinebaugh said Allegany County has already made the Rt. 220 leg its top priority in the state’s Consolidated Transportation Program (CTP).

“I think our top priority in the CTP is the Oakland bypass,” the director said.

The TGCC, therefore, asked Hinebaugh and Moe to talk to the commissioners about changing that ranking.

“The rationale being that it’s kind of hard to lobby Congress for funds to build the North/South Corridor if it isn’t our top priority, particularly at the state level,” Hinebaugh said.

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

Judge Eiswert To Speak At 2010 GC Commencement Ceremony

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Garrett College will hold its 2010 commencement ceremony on Saturday, May 15, at 10:30 a.m. in the college gymnasium. Leonard J. Eiswert, associate judge for the Garrett County District Court of Maryland, will be this year’s commencement speaker.
A resident of Pleasant Valley, Eiswert has played a key role in Garrett County since 1977, when he became the county’s assistant state’s attorney, a position he held until 1980. Partnering with Ralph M. Burnett in 1977, Eiswert started the Law Firm of Burnett & Eiswert in Oakland and spent many years handling cases for people in the area. The firm, now known as Janes & Kepple, PA, still operates today.

Eiswert was born and reared in Baltimore. He graduated from Calvert Hall College High School in Baltimore in 1961, received his bachelor of science degree from Loyola College, now Loyola University, in 1965, and graduated magna cum laude from the University of Baltimore School of Law in 1972.

While at Loyola, Eiswert began a military career. He was commissioned as second lieutenant in the United States Army ROTC in 1965. He entered active duty in August of that year and was assigned to the 459th Signal Battalion at Ft. Huachuca, Ariz. He served in the Republic of South Vietnam when his battalion was deployed there until 1967, when his active duty was completed.

Eiswert was assigned to reserve duty with the 1176 Transportation Headquarters in Curtis Bay, Baltimore, in 1968. After eight years of service, Eiswert terminated his military service in 1973, ranked at captain in the U.S. Army Reserves.

After a lengthy career as an attorney in Garrett County, Eiswert was appointed associate judge in October of 2008, an appointment that carries a 10-year term.

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