Deep Creek Lake Real Estate Blog - Jay Ferguson

Deep Creek Lake Real Estate Blog - Jay Ferguson
EVERYTHING under the sun about Deep Creek Lake, Maryland! Deep Creek Lake Real Estate Information, Local News & Happenings in Garrett County Maryland, Current Events, Local Business Profiles, Upcoming Attractions, Vacation Rentals, Resort Realty, Community Profiles, Homes for Sale, Restaurants & Dining, Entertainment Schedules, Festivals & Gatherings, Churches & Charities, Wisp Ski & Golf Resort, Swallow Falls State Park, Youghiogheny & Casselman River, Garrett County Fair & more!
Showing posts with label wind turbines. Show all posts
Showing posts with label wind turbines. Show all posts

Friday, May 4, 2012

Garrett County Proposes Wind Turbine Setback

OAKLAND, Md. (AP) — The Garrett County Commissioners are proposing rules to put distance between wind turbines and homes.

The formula proposed Tuesday would require turbines to be no closer to an occupied dwelling than five times the device’s height. For a 400-foot turbine, the setback would be 2,000 feet.

The formula is part of a proposed countywide land-use ordinance that is available for public comment through June 15.

More here.


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Thursday, May 3, 2012

Garrett County leaders agree on formula for wind turbine location

Alternative energy production units reportedly are getting taller

Elaine Blaisdell Cumberland Times-News

— OAKLAND — On Tuesday, the Board of Garrett County Commissioners came to the consensus of a formula for the setbacks of industrial wind turbines to use in the draft Land Use Management Ordinance.

The setbacks for wind turbines from a occupied dwelling would be five times the height measuring from base to the hub of the wind turbine and from a property line it would be three times the height. The same formula was proposed for domestic wind turbines.

“What we are trying to do (with this draft ordinance) is determine what footprint we want here in the county and what we want this county to look like for our kids, their kids and the future generations beyond that,” said Chairman Jim Raley. “That is what we are really after here.”

Commissioner Robert Gat-to indicated that he wanted discussion on the draft document to continue. Once the changes are made in the draft document, it will be made public and residents will have until June 15 to comment on it. Raley suggested that the public’s comments be published along with the document.

“Most of you in this room have said you believe there should be some regulatory framework in regard to setbacks and those things,” said Raley during Tuesday’s meeting. “The question comes down to how do you do it without some form of zoning or some form of regulatory framework? I think that is the discussion that will be more far-reaching.”

The current formula in the draft ordinance rids the document of the 375-foot height restriction that was previously proposed, according to John Nelson, director of the Department of Planning and Land Development. During the meeting, Kevin Brokish, a project manager for the Fair Wind project, said industrial wind turbines were getting higher and that the Criterion Wind Project wouldn’t have been viable with the height restrictions that were previously proposed.

“My company and I are for reasonable wind setbacks. We think it’s inappropriate for a turbine to be a mere 500 feet from a home that is not signed with the project,” said Brokish, who noted that Clipper Windpower Development, LLC voluntarily places units 1,000 feet from residences. “More recently we have increased that distance to 1,200 feet.”

Commissioner Gregan Crawford questioned why wind turbines are getting taller. He also asked if it had an effect on noise reduction and if wind industries test for sound.

Brokish said there are tests and that in Maryland there is a 55-decibel limit, which translates into a 50-foot setback for wind turbines.

“There are two ways turbines get bigger. One way is with taller towers. I think that would help sound a little bit,” said Brokish. “As you get higher up wind speeds increase.”

After the public comment period, the ordinance will go through additional readings and a public hearing, should the commissioners decide to move forward with the document.

“It also give us time to continue to do research,” said Raley. “I can tell you the people who are worried about living in their homes would like the number to be as high as it possibly could be. Because they want to be guaranteed some type of protection. As I continue to say, I am concerned about roads and infrastructure, as the face of Garrett County is changing.”

Some research was done as to what setbacks other counties have, all of which vary. In neighboring Allegany County, the setbacks are 2,000 feet from a residence, 1,000 feet from any other structure and 5,000 feet from schools or National Register of Historic Places sites, according to data sheet provided by the commissioners. In Somerset and Cambria counties in Pennsylvania the setbacks are five times the height to the hub and is subject to a non-disturbance easement.

At a March meeting to discuss the draft ordinance, the commissioners also discussed the underground disposal of hydraulic fracturing water associated with Marcellus shale drilling. However, during the meeting on Tuesday the discussion centered more on the industrial wind setbacks.

“Everything has centered around a discussion pretty much about the wind industry. There has been little to no discussion about the gas industry,” said Raley. He said the gas industry “will bring something different. It will bring intensity of use to roadways, to trucks meeting legal re-quirements of weight restrictions. What happens when you have roads that weren’t designed for large intensity of use?”

It was stressed Tuesday that nothing in the draft ordinance is set in stone and it still has to go through the public hearing process before the commissioners can vote on it.

Contact Elaine Blaisdell at eblaisdell@times-news.com.

More here.


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! I take great pride in referrals, and I assure you, I will take great care of your friends, family & colleagues!
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Monday, January 9, 2012

By 2013, Western Md. could have more wind turbines

Company pursues study for tower on St. John’s Rock

Elaine Blaisdell Cumberland Times-News

OAKLAND — Western Maryland may see more wind turbines pop up along the ridges.

The Garrett County Permits and Inspections Division issued a meteorological tower permit last month to Synergics for a tower on St. John’s Rock at Four Mile Ridge between Avilton and Frostburg, according to Jim Torrington, chief of the division.

Synergics is doing an environmental wind study on Four Mile Ridge and is proposing 20 to 24 wind turbines, according to Frank Maisano, a wind industry spokesman.

Maisano estimated that at the earliest the project could be completed in 2013, but more likely it would be later.

The Roth Rock project on Backbone Mountain was started by Synergics, but is now owned by Gestamp Wind North America of Houston. Maisano described it as well-done and said there has been minimum invasiveness to the land.

“It’s certainly not obtrusive-looking,” said Maisano. “Once people see the wind projects and get used to them, they will see there wasn’t anything to be afraid of.”

Roth Rock was cited for erosion control violations by the Maryland Department of the Environment during its construction and a resident opposition group, Save Western Maryland, filed letters of intent to sue Synergics unless the developers created a plan to deal with the possibility that endangered wildlife could be harmed by the project.

In October, the county also issued a met tower permit to EDP Renewables North America (Horizon Wind Energy) for the Winding Ridge project near Friendsville.

Met towers measure the amount of wind at a proposed wind turbine site for at least a year, according to a Wind Power: Resource Assessment fact sheet. The towers have different siting requirements than the turbines, and occasionally the met tower is not put in the same place as the proposed wind turbine site.

Before wind turbines can be fully operational, the permits division has to issue a variety of additional permits, such as a grading permit, which can take up to a year, a building permit and certificate of use for each wind turbine, according to Torrington.

The permits division also has to issue a final certification, which requires copies of certification of the man lifts within each tower; all reports concerning concrete testing, grouting, torquing, mechanical and electrical testing and completion; and any Maryland Department of Natural Resources reports that are completed, said Torrington. A man lift is used to take equipment and personnel up to the wind turbine for repair and maintenance.

The county is awaiting final inspection on Roth Rock and the Criterion project, owned by Constellation Energy and also operational on Backbone Mountain, before releasing the stormwater bonds, said Torrington in an email with the Times-News.

Certificates of use were approved with the condition that all stormwater requirements be completed like as-built drawings and final inspections be completed, according to Torrington.

“The county still holds a stormwater bond on both projects,” said Torrington.

In December, County Commissioner Gregan Crawford encouraged his colleagues to support the development of zoning laws that would regulate future wind projects in the county. “We need to start the dialogue on how we can control noise and flicker,” he said in response to an update by the county’s planning director on proposed wind turbine projects.

At that time, the county also had a request from Clipper Windpower Development for a met tower to be installed just north of U.S. Route 50 for the Fair Winds project proposed on Backbone Mountain.

Contact Elaine Blaisdell at eblaisdell@times-news.com

More here.


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! I take great pride in referrals, and I assure you, I will take great care of your friends, family & colleagues!
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Wednesday, April 20, 2011

Kitzmiller Elementary students tour state’s first operational wind project

The Cumberland Times-News Sun Apr 17, 2011, 09:47 PM EDT

— OAKLAND — Students from Garrett County’s Kitzmiller Elementary School recently got a firsthand look at how renewable energy is working in Maryland.

Approximately 40 kindergarten through third-grade students and their teachers were the first local school students to tour Constellation Energy’s Criterion Wind Project in Oakland. The first wind energy project to operate in the state, Criterion Wind produces 70 megawatts of emission-free electricity. The wind project is helping Maryland meet its clean energy goals of producing 20 percent of its electricity with renewable resources by 2022.

Teacher Bridgete Corbin requested the tour as part of a unit she’s teaching on green energy. “We’re exposing students to the idea of renewable energy, and we have this great example of how it works right here in our county,” she said. “The students were really excited to see the wind turbines and to talk about how they make clean energy.”

The Kitzmiller students toured two of the 28 Criterion wind turbines, which stand 415 feet tall with the blades turned up. The two towers the students toured were located on the property of Oakland resident Janet Tichnell.

“People are really interested in seeing the windmills,” Tichnell said. “I was more than happy to help coordinate the tour with the schools. It was a good learning experience for the children.”

The Criterion Wind Project is built over an 8-mile stretch along Backbone Mountain east of Oakland. The project began producing commercial power in late December.

Constellation Energy, headquartered in Baltimore, is a leading competitive supplier of power, natural gas and energy products and services for homes and businesses across the U.S.

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Monday, January 31, 2011

Beitzel Introduces Turbine, Property Marker Legislation

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Jan. 27, 2011

Del. Wendell Beitzel introduced two more bills for the Maryland General Assembly's consideration last week in Annapolis. A previously introduced piece of proposed legislation, dubbed the "Buy American" bill, will go under committee review next week.

House Bill 112: "Garrett County – County Commissioners –Commercial Wind Turbines" would give the commissioners the authority to enact ordinances in Garrett County regarding setbacks and decommissioning of wind turbines.

"This is a measure that both Senator Edwards and I have pursued during past sessions," Beitzel said. "Slowly but surely, I believe that many are beginning to see the need for such commonsense legislation. As turbines continue to be placed on Garrett County's mountainsides, I believe it is imperative to ensure that those who live, work, and play under these imposing structures are protected."

Beitzel's House Bill 113: "Real Property – Interference With Property Markers – Penalty Increase" would increase fines for vandalizing property markers.

"The interference with property markers has been a problem in Garrett County, especially within the Deep Creek Lake area," Beitzel said. "Monuments marking property lines have been destroyed or moved over the years. As a result, surveying groups have gone to great expense to replace and/or relocate these markers."

Current law states that interfering with property markers is a misdemeanor subject to a fine up to $500.

"The bill that Senator Edwards and I are proposing will increase the penalty to up to $2,500. This increase in the maximum penalty reflects the considerable costs incurred to replace and relocate these markers."

Read the full article here.

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Friday, October 1, 2010

State's First Wind Turbine Facility To Officially Start In January 2011

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Sep. 30, 2010


The official start-up date for Constellation Energy's Backbone Mountain wind energy facility is the first week of January 2011. Dave Wagner, the Baltimore-based company's local representative, gave the Garrett County commissioners an update on the 70 megawatt (MW) Criterion Wind Project on Tuesday.

"The project is moving along nicely," Wagner said, about Maryland's first wind turbine project.

Tree-clearing and construction for the initiative began this March in the Eagle Rock area and now stretches over an eight-mile area along the ridgeline. Each of the 28 Clipper 2.5MW Liberty wind turbines will be approximately 415 feet tall, to the tip of a blade rotated straight up.

"As of two weeks ago, all of the deliveries for the project have been made – that is, all of the large, oversize deliveries have been made," Wagner told the commissioners. "In all, we had about 560 large trucks go through Garrett County, escorted by the state police."

He noted that all of the trucks have arrived, all of the loads have been discharged, and many of the loads have been installed.

Read the full 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

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Sunday, August 15, 2010

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.

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

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Friday, July 9, 2010

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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Thursday, June 3, 2010

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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Friday, March 26, 2010

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



Thursday, March 11, 2010

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



Saturday, February 6, 2010

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

Wednesday, January 6, 2010

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

Sunday, January 3, 2010

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

Thursday, June 19, 2008

Hearing Slated On Proposal To Prohibit Turbines





Hearing Slated On Proposal To Prohibit Turbines


Jun. 19, 2008
The Garrett County commissioners will hold a public hearing next Tuesday, June 24, at 10:30 a.m. in their meeting room at the courthouse on a proposal to amend the Deep Creek Watershed Zoning Ordinance.
The proposal was submitted by Nancy-Elizabeth Nimmich, Pleasant Valley, and Barbara Boone, Oakland, to establish "performance zoning" throughout all of Garrett County.
Under the amendment, a new Article 12 would be added to the ordinance that would define and prohibit commercial wind turbine structures. It would also define the territorial jurisdiction of the new article to include all lands in Garrett County except incorporated municipalities.
All interested persons may attend the hearing to voice their views on the subject or submit written testimony to the Garrett County commissioners.

Wednesday, February 13, 2008

Garrett commissioners may let voters decide zoning issue by districts


Sarah Moses
Cumberland Times-News
OAKLAND - As zoning has been presented as the only option for preventing or limiting the construction of wind turbines in Garrett County, adopting zoning might be possible through a referendum vote in each district.

"Wind power opponents have felt we could enforce this, but we don't have the authority," Ernie Gregg, county commissioner, said during Tuesday's commission meeting.

John Nelson, director of planning and land development, explained that while the county has the authority to approve or deny projects through the building code, these decisions are based only on the safety and engineering of the structure, not height or appearance.

Nelson said that zoning regulations would allow restrictions to be placed, but that zoning that is not countywide can only be instituted by geographic region or by political district.

Jerry Plaugher of Deer Park asked why it wouldn't be possible for restrictions to be placed on the ridge tops to prevent the construction of the turbines.

Denny Glotfelty, commission chairman, said that such restrictions would also affect other industries, including communication towers, which haven't been an issue at this point in time.

Nelson added that zoning requires a comprehensive plan of the area to be zoned, and that would mean lumping together all the areas in the county with ridge tops as one group.

It had been suggested at a planning meeting last week that the commissioners approve a moratorium on development of wind turbines and that they pursue legislation to allow the county to have some form of authority over future projects. That suggestion was deemed impossible by the commissioners after consulting with the county attorney.

They said that a moratorium would require a halt on all building projects in the county and that without some form of zoning, no legislation would have any authority behind it.

The commissioners said they would be open to putting zoning up for a referendum, but only if there is a definite showing of support for the action. This would allow the zoning to be grouped by district as the Sunday alcohol sales have been.

Plaugher said he couldn't see that happening.

"Zoning, it's something that really rankles people," Plaugher said. "Zoning regulations start out very simple, but give them 20 years."

Contact Sarah Moses at smoses@times-news.com.

Sunday, February 10, 2008

GC Commissioners Oppose Placing Wind Turbines On State Property



GC Commissioners Oppose Placing Wind Turbines On State Property

Feb. 7, 2008
The Board of Garrett County Commissioners issued an official statement on Tuesday opposing the placement of wind turbines on state land in the county. The vote was unanimous.

Pennsylvania-based U.S. Wind Force recently asked Gov. Martin O'Malley for leases on about 400 acres in the Savage River and Potomac state forests. The private company wants to construct about 100 40-story tall wind turbines.

Commissioner Ernie Gregg said the board's vote was based on the public's strong outpouring of opposition to the proposal.

"Personally, I feel it's an inappropriate use of public lands," he added.

The county commissioners had deferred any official comment on the issue until the Department of Natural Resources conducted two public hearings, which were held last week in McHenry and Annapolis.

About 500 people attended the local event, and more than 200 were at the Annapolis hearing. The vast majority of those who spoke at both hearings were opposed to using public lands for private energy projects.

"I still support wind power, on the whole," said Commissioner Fred Holliday. "Nothing has changed my opinion on that."

But, he noted, public lands were for recreational use. He added that he supports management of state forests and did not feel that current logging practices would have the same effect as turbines.

Commissioner Denny Glotfelty said it was important to preserve public lands for the enjoyment of future generations.

"As for private property, there is no zoning [county-wide in Garrett County], and it's the private property owners' decision," he said about the construction of wind turbines.

Director John Nelson, Department of Planning and Land Development, indicated that the county may pursue legislation to regulate and license the use of wind energy in the county. But, he quickly added, the regulations could not be applied to state lands.

The commissioners informed O'Malley about their position in a letter on Tuesday. A copy was also sent to DNR Secretary John R. Griffin.

"We are aware that your administration has a strong interest in looking at alternatives to augment [and] increase the Maryland electric production," the commissioners wrote. "We believe that wind generation is a significant supplement to not only the state of Maryland's energy independence but also nationwide.

"Having said this, we are writing to voice our opposition to constructing wind turbines on state of Maryland property in Garrett and Allegany counties. The board of county commissioners has supported and will continue to support the construction of wind generation turbines by Clipper Windpower and Synergics Energy."

Those two companies have proposed projects for private lands in Garrett County.

"By far, the majority of public opinion received by this office and conveyed at both public hearings is in opposition to the construction of wind generation turbines on state land," the commissioners continued in their letter to the governor. "This opinion is shared by those parties who support wind energy on private property."

County administrator Monty Pagenhardt said the commissioners "took some heat" for not announcing their position on the state forest project earlier. The county attorney and other staff members had advised them to wait until after the hearings, Pagenhardt noted.

"I feel it was appropriate," said Director James Hinebaugh, Garrett County Department of Economic Development, about the commissioners' decision to defer their announcement. "They let the public process run its course. They allowed the proponents to have their day in court, so to speak."

In doing so, Hinebaugh added, the commissioners did not give into public pressure or attack the governor and state.

Glotfelty stressed the im-portance of keeping an open relationship with the governor and DNR secretary.

"We have to work with them," he said.

Gregg said it is standard protocol to wait until after a public hearing is held before rendering an opinion on an issue. If the commissioners had presented an opinion before the hearings, Gregg said, they would have been accused of making up their minds before members of the public had a chance to present their views.

The DNR will accept comments about placing turbines on state land until March 3 at dnr.state.md.us.sustainability/wpm.

Secretary Griffin will review the public hearing and online comments and make a recommendation to O'Malley and the Maryland Board of Public Works, which is comprised of the governor, treasurer Nancy Kopp, and comptroller Peter Franchot.

"It's up to those three whether it goes or not," Holliday said about the turbine project.

Friday, February 8, 2008

First, a moth problem; now a myth problem



First, a moth problem; now a myth problem

To the Editor:

In the early morning hours of Feb. 1, many Garrett County residents returned from the DNR meeting held in Annapolis feeling very proud that a vast majority of those commenting on the question: Is the installation of industrial wind turbines on state land a proper use of Maryland public lands? answered a resounding "NO."

About 200 attended the meeting held at the Arundel Center Thursday evening and 63 made public statements. Of those who spoke 56 opposed turbines on state land (namely on Backbone Mountain and Meadow Mountain ridges) while seven spoke in favor. There were 15 in opposition who did not reside in Garrett County.

Frank Maisano hired by the US Windforce argued that turbines, a source of clean energy, would increase tourism as people would be drawn to the area to view the 40 story high turbines. This caused somewhat of a derisive reaction from the audience who seemed opposed to that type of tourism. It was also stated that the visual blight would be no worse than that of the Wisp Ski Resort which lights up the Deep Creek Lake slopes.

Mike Tidwell of Chesapeake Climate Action Network spoke in favor because he believes that wind energy will be part of the solution to slow down global warming and would supply clean energy to Allegany and Garrett County.

The overwhelming majority however departed from these views with arguments ranging from aesthetics to wildlife, from wildlife diversity to energy effectiveness. The most stated reasons were that wind turbines while destroying the economic advantages Garrett County enjoys from tourism and various outdoor sports activities, including hunting, would deliver a disappointing amount of energy, as the wind blows inconsistently in this area and delivers only 30 percent efficiency levels.

Paul Fletcher stated humorously that in Garrett County "We had a moth problem; now we have a myth problem."

Moreover, the energy will be funneled out of state and will not supply Allegany or Garrett County with energy or remediate Maryland's forthcoming energy needs that will kick in by 2011 according to the Energy Administration.

Another negative stated by opponents was the destruction of forests that absorb carbon and provide habitat for a diversity of species of plants and animals. The fragmentation of public forests extending uninterrupted along the Appalachian ridges would adversely impact all of plant and wildlife even that existing around and not directly on the ridges and would be irreversible.

Statistics were quoted from European countries using wind energy about the decrease in property values of land owners living near the turbines. Mentioned also was the direct impact that huge turbines would have on New Germany State Park which is located next to Meadow Mountain. Turbine blades, a football field long, would spin over heads of the 30,000 annual visitors who come to that park to seek an oasis of natural tranquility.

Many creative solutions were proposed for meeting Maryland's future energy needs that would not involve the clear cutting of public lands. From both meetings in Annapolis and earlier in Garrett County, it is obvious that many groups and individuals stand opposed to the use of public lands for industrialized wind turbine plants.

Kathy Tunney
Grantsville

Thursday, February 7, 2008

GC Planning Commission Asks For Legislation, Moratorium On Turbines



GC Planning Commission Asks For Legislation, Moratorium On Turbines

Feb. 7, 2008
By unanimous vote, the Garrett County Planning Commission has decided to remove wording of county support for wind power from its comprehensive plan draft. In an 6-2 vote, the group also recommends that legislation be introduced that would give the county authority to regulate wind turbine.

Additionally, the commission members want the county commissioners to place a moratorium on wind turbine development in Garrett County.

Those decisions took place yesterday during the Planning Commission's regular monthly meeting at the courthouse. About 25 people attended the event, with several voicing concerns about how the proposed plan deals with wind turbines.

Some of the those same residents discussed the issue last week with the Garrett County commissioners, questioning why a paragraph about wind power needed to be included in the plan. They noted that the wording conflicted with the local Heritage Plan, which designates the entire county as a heritage resource.

The original paragraph in the comprehensive plan refers to a turbine project that has been proposed along the southern end of Backbone Mountain.

"While the county acknowledges the potential negative impacts of wind power facilities, it also recognizes the benefits, especially those related to clean, sustainable power generation, and the socioeconomic and fiscal benefits to the county," the paragraph reads. "On balance, the county supports wind pow-er at appropriate locations, provided any site-specific negative impacts can be mitigated."

The Planning Commission wants to remove that last line.

At their meeting last week, the county commissioners told the residents that the passage was needed because wind energy is a potential issue that needed to addressed. The commissioners were in Annapolis on Wednesday and were not able to attend the Planning Commission meeting.

The commissioners, however, issued the following statement this morning:

"The Board of County Commissioners has considered the public comments and recommendations of the Garrett County Planning Commission, specifically in relationship to the regulation of and a potential moratorium on windmills in the county. The Board of County Commissioners appreciates the role of the Planning Commission in addressing important planning functions and appreciates the advice that it receives from that commission.

"The Planning Commission has recommended the imposition of a moratorium on the location of windmills in Garrett County. A moratorium, under current county regulations, would require a moratorium on all building construction not simply the one area, wind power. The moratorium on all construction and the issuance of all building permits is, in the opinion of the Board of County Commissioners, not an appropriate remedy in these circumstances.

"The regulation of land use is a product of the power of the Board of County Commissioners to adopt and implement zoning regulations as a power delegated to the county by the state under the provisions of Article 66B of the Annotated Code of Maryland. Garrett County has accepted the delegation of power and regulates land use through the Deep Creek Watershed Zoning Ordinance in those areas within the watershed of Deep Creek Lake. Outside of that watershed and that zoning district, the county has not adopted comprehensive land use regulations through zoning.

"Land use in the state of Maryland has generally been administered on a local level. The Planning Commission fills one of the vital roles in the process of land use regulation. The im-plementation of or recommendation for additional legislation, as the Planning Commission has recommended, is a matter that requires greater study before requesting action by the legislature. As the Planning Commission understands, the regulation of land use under authority of Article 66B necessarily requires a comprehensive approach to all land use, not simply a single form of use such as wind power. It may be appropriate for the Planning Commission to consider the issue of comprehensive land use (countywide zoning) as a part of their role in local land regulations."

Friday, January 25, 2008

Senator Edwards States His Opposition To Wind Turbines On Public Lands


Sen. Edwards States His Opposition To Wind Turbines On Public Lands

Jan. 24, 2008

Sen. George Edwards has now joined Del. Wendell Beitzel in voicing opposition to industrial wind turbines being placed on public lands. Edwards wrote a letter last week informing Gov. Martin O'Malley of his position on the issue.

"I know you have a strong interest in looking at ways to increase our electricity production, as do I," Edwards wrote. "As I told you, I am writing to state my opposition to putting windmills on state land in Garrett and Allegany counties."

Pennsylvania-based U.S. Wind Force recently asked O'Malley for leases in Potomac and Savage River state forests to clear an estimated 400 acres and to construct up to 100 40-story tall wind turbines. Since that information became public last month, many local residents and groups have stated their opposition to the project.

"This is not a partisan issue," Edwards wrote in his letter to O'Malley. "I have taken time to look at the issue and speak to numerous individuals and groups. These groups include sportsmen's clubs, union leaders, environmentalists, and the like. By far the majority of these people oppose the construction of windmills on state lands (even those who support windmills)."

Edwards acknowledged that energy is one of the most important issues facing the entire nation and that work must be done as quickly as possibly to achieve energy independence. But, he wrote, as the Maryland Energy Administration's Strategic Electricity Plan points out, there is no "silver bullet" that will enable Maryland to solve this problem overnight.

"That is why we will need to use all of the energy resources we have, in addition to conservation, to get to that goal," Edwards wrote.

But the senator went on to state, "There can never be enough windmills built in Maryland to even come close to meeting the increased demand in electricity needs by 2025. Nevertheless, based on all of the information I have gathered and evaluated, I respectfully request that you not allow windmills on state land in Garrett and Allegany counties."

The Department of Natural Resources will hold two public forums for Marylanders to express their views on wind turbines being placed on public land. The meetings are scheduled for Wednesday, Jan. 30, from 6:30 until 9 p.m. in the Garrett College auditorium, McHenry, and Thursday, Jan. 31, from 6:30 until 9 p.m. in the Arundel Center, Room 161, 44 Calvert Street, Annapolis.

Written comments are also accepted online at www.dnr.state.md.us/sustainability/wpm.