By: Lydia Crawley
The Parsons Advocate
On Wednesday, December 3rd, the West Virginia Department of Environmental Protection Air Quality Board heard testimony at their offices in Charleston regarding the appeal of an Air Quality Permit issued to Fundamental Data, LLC for their Ridgeline Power Plant Project near the towns of Davis and Thomas.
The appeal was filed in September by action groups Tucker United, the West Virginia Highlands Conservancy and The Sierra Club against the Director or the Air Quality Division of the Department of Environmental Protection.
At the hearing, Charleston Attorney J. Michael Becher or Appalachia Mountain Advocates represented the appellants. While Attorney Scott Driver was Counsel for the West Virginia Department of Environmental Protection and Dave Yaussy and Jim Walls of Silman, Thomas & Battle represented Fundamental Data. Walls appeared via Zoom during the proceedings.
The first to be called to testify was Dr. James Kotcon, who is a Professor at WVU and lives in Morgantown. Dr. Kotcon who has been a member of the Sierra Club for almost 40 years, spoke on recreation in the Canaan Valley area and his concerns about the impact a power plant would have on haze in the area. Kotcon also said the Club had concerns about the number and extent of redactions in the application.
“It is botanically a very interesting area. Its a high elevation wetland,” Kotcon said. “It is scientifically beautiful.”
Opposing counsel of both the WVDEP and Fundamental Data had objections to Kotcons testimony on the basis that he was not an expert in energy and factors such as recreation could not be taken into account when making determination for issuing permits. Counsels also said that Kotcon was not qualified to make statements or assumptions in relation to scientific matters or speculations on emissions or other outputs.
Kotcon was followed in testimony by Amy Margolies, a Canaan Valley resident who is the mother of of a two and five year old. Margolies, who has a PhD in Public Health, said that her five year old attends Davis-Thomas Elementary Middle School, the same school that is located near the proposed location of the project. Margolies also said she coaches soccer in a field near the proposed facility site, as well.
Margolies said while she holds a PhD, she was not testifying as an expert witness, rather as someone who moved to the area to enjoy the outdoors. Margolies said she was married at Blackwater Falls in 2016 and her family moved to the area because they wanted to be somewhere that they could raise their family outdoors, “not indoors playing video games.”
“There is information in my brain from my education and my experience that makes me legitimately concerned for my children, for my family,” Margolies said.
Those concerns, Margolies said, were based mainly in air quality and its affects on health and health conditions. She also said she had concerns over no one from Fundamental Data coming to speak to the community about the project or addressing any of the community’s concerns.
WVDEP Attorney Scott Driver objected to the testimony on many of the same basis that Kotcon’s testimony was objected to before being cross examined by Attorney Jim Walls. Walls focused mainly on the subject of confidential business information statute. He asked Margolies if she was familiar with the statute and if the WVDEP had violated the statute in issuing the permit to Fundamental Data.
“Have you been injured? Damaged, harmed in any way by the DEP’s granting of that permit?” Walls said.
Margolies replied, “I believe I am here because I’m concerned about the implications for my family and also I am concerned that I have not been given sufficient information as a member of the public.”
Marilyn Shoenfeld, Timberline resident and President of the WV Highlands Conservancy, was next to testify via Zoom. Shoenfeld said she purchased her home in 2001, but permanently moved in 2007. She said she came to Tucker County from the city to escape to natural resources, protected public lands, the availability of hiking, access to Dolly Sods and the towns of Davis and Thomas.
When asked how often she visits the towns, Shoenfeld said she visits three to four times a week for a variety of reasons such as church, shopping, socializing ,volunteering and healthcare. Shoenfeld said her main concerns were over air quality, pollution and air deterioration.
“And then it will affect various habitats, environments, including Canaan Valley National Wildlife Refuge in which has 19,000 acres and Dolly Sods which is a Class 1 protected area under the Clean Air Act,” Shoenfeld said.
Like Margolies before her, Shoenfeld said she was not testifying as an expert. Shoenfeld was asked about the West Virginia Highlands Conservancy and their work. Of the organization’s 1,781 members, Shoenfeld said, 556 live in Tucker County.
Shoenfeld was asked about disbursement modeling and if the DEP had engaged in disbursement modeling for the project, would that have eased concerns. Shoenfeld said yes. Shoenfeld also said concerns would also be alleviated if the plant were permitted as a major source.
“It would have,” Shoenfeld said. “And we asked for that at the public meeting at Canaan and it was refused. We offered to do disbursement modeling on our own and pay for it and that was also refused.”
Objections to the testimony by Scott Driver of the DEP and Fundamental Data Attorney Jim Walls were the same as with the others, standing on speculation, opinion or legal conclusions. However, Attorney Walls also asked Shoenfeld the same question that he had asked Margolies, had she been injured by the DEP’s decision to issue the permit? Shoenfeld claimed “emotional distress” by the act, as well as the extensive hours staff spent researching the permit and the organization’s response.
“I think the harm is in the future, when the plant is actually built,” Shoenfeld said. “There would be physical harm to people’s health.”
The last of Tucker County locals to testify was Davis Mayor Alan Tomson. Tomson, who has been Mayor for five years and is on his third, two-year term, was on the Town Council for six years prior to becoming Mayor. Tomson, a 32-year Army Officer and West Point Graduate, testified on the economy of the area and how it relied on the outdoors.
“That are all focused on the outdoors, whether its skiing in the winter, world-class mountain biking in spring, summer and fall,” Tomson said. “We have hiking trails, cross-country skiing trails. We have opportunity fore people to partake in the area and I think it goes back to the late Senator Robert Byrd, described the area as The Crown Jewel of West Virginia. Blackwater Falls and Canaan Valley in particular.”
Objections were raised that beauty was irrelevant to the permitting and redaction processes. It was agreed that Tomson was testifying not as an expert on how economy was tied to recreation in the area, but it was given weight to the board.
Tomson testified that most of the businesses in the area were tied in one way or another to recreation and tourism. He said that there were outfitters, bike shops, ski areas, restaurants, distilleries, breweries, “all things that support a tourist-based economy.”
Tomson was also asked what the community thought of the proposed power plant. Tomson limited his comments to the community on the mountain.
“Well, I think if you take into consideration the community is being defined as the City of Thomas, the Town of Davis and Canaan Valley, the majority of the people from my appreciation and interacting with the community object of the proposed power plant.”
Tomson also said that there were concerns from current and potential future residents. Current residents have expressed opinions that should the plant be built they may leave the community and some potential residents have said they are playing a waiting game to see what happens before committing to a purchase and move.
Tomson was also questioned on his stance on the construction of the power plant. Tomson said he has always wanted to educate himself on the subject and has adjusted his view as more research has become available.
“I’ve gone on record before in saying I don’t oppose data centers,” Tomson said. I don’t oopose the power plant if they are put in the proper location and I disagree with this proposed location.”
