Virginia DHR Issues a Recommendation to HNWD

After consulting with the American Battlefield Protection Program (ABPP) of the National Park Service regarding the documented boundary of Camp Allegheny Battlefield, Kathleen Kilpatrick, Director of the Virginia Department of Historic Resources (DHR), drafted a letter to John Flora, attorney for Highland New Wind Development (HNWD), on November 17. This letter was forwarded to Brightside by West Virginia Representative Nick Rahall's office yesterday.

Location and Significance of Battlefield Verified

In her letter, Ms. Kilpatrick expresses the Department's concern that the Visual Impact Study prepared for HNWD by the Antares Group "does not take into account the full nature and extent of the impacted resource." As justification, she cites the ABPP's 2009 update to the 1993 Civil War Sites Advisory Commission study, which defines Camp Allegheny Battlefield as including not only the area of the Confederate encampment, gun emplacements and trenches located at the western end of the property, but also the site of the early morning Union attack at the eastern end of the property, in the vicinity of the Varner Cemetery.

Line-of-sight analyses have shown that this area is between one and 1.5 miles from the three closest proposed wind turbines. The following explanation, provided to DHR by the ABPP, vindicates not just Brightside, but all of the historians, archaeologists, and citizens who have continued to insist, despite HNWD statements to the contrary, that this area is indeed an integral part of Camp Allegheny:

"The eastern portion of the Battlefield includes the area where Federal troops first encountered Confederate pickets along the Staunton-Parkersburg Pike, where Federal regiments moved east off the turnpike toward the Varner Cemetery...where they deployed in line of battle at the east end of the broad ridge across the summit (just south of the Varner Cemetery), and the open land over which the Confederates marched to meet the oncoming enemy and upon which heavy fighting occurred for more than two hours."

The first paragraph on page two of Kilpatrick's letter includes the revealing note that DHR actually provided the ABPP-defined geographical boundaries of the Battlefield to HNWD way back in January, 2009, and again in October, at which time DHR requested that HNWD consider the entire Battlefield in their visual impact study. Ms. Kilpatrick confirms that, despite this request, the study HNWD produced focuses only on the central and western portion of the Battlefield, and excludes the eastern portion, which is closest to the wind turbines.

We find the revelation that HNWD has been in possession, since January, of National Park Service information defining Camp Allegheny as including land in the vicinity of the Varner Cemetery very interesting. Despite this knowledge, the company's representatives have stated repeatedly in op-eds, interviews, on-line forums, and even directly to the SCC Hearing Examiner on September 23, that Camp Allegheny is "more than two miles" from the closest wind turbine. A company willing to fudge the facts with the Hearing Examiner would appear to be a company quite comfortable fudging the facts with regular folks.

Ms. Kilpatrick further states that the Visual Impact Study provided by HNWD "does lack an appreciation of the resource's integrity, specifically its integrity of location, setting, and feeling, which are particularly relevant when considering battlefield landscapes." She goes on to say: "Our own visit to the Battlefield confirmed a relative lack of modern intrusion on the historic landscape and its ability to convey to the visitor the sense of where, why and how the battle took place."

Adverse Effect of Wind Turbines Confirmed

Finally she concludes: "After consideration of all available information it is our opinion that the HNWD project will have an adverse effect on the Battlefield by diminishing the integrity of the Battlefield's setting and feeling."

At long last, DHR stepped-up and stated the obvious.

So, now what? If HNWD's claim that this is an eighty-million-dollar project is accurate, then this is the eighty-million-dollar question.

The answer, once again, largely depends on us.

In her letter, Ms. Kilpatrick makes only one recommendation: "We recommend further discussions between DHR, HNWD, and affected stakeholders on mitigation strategies to address the project's impact to historic resources."

She states that these efforts should be reasonable and proportionate to the scale of the project, significance of the resource and severity of the impact and should "result in a direct benefit to the Battlefield to offset the adverse impact."

Yet she establishes no timeline for such discussions, which only the SCC has legal authority to compel. There is no implication that she will seek a hearing if HNWD fails to agree to a "mitigation package." She does not define "affected stakeholders" or the mechanism by which their concerns might be heard or incorporated into a Memorandum of Agreement.

She states: "Provided that all parties could agree to the terms of a mitigation package and execute a Memorandum of Agreement enabling the package, implementation of mitigation could be phased."

Mitigation package? Phased? Other than not erecting the turbines, or erecting turbines a fifth as tall, there is no physical way to mitigate the visual impact of 19, 400-foot structures arrayed on two ridgetops. Its not as if HNWD can bring in 400-foot-tall trees or build a 400-foot-tall wall to block the view. So, what in the world is Ms. Kilpatrick talking about?

We have no proof. But we do have an educated guess. We believe that Ms. Kilpatrick is talking about money.

Does Money Equal Mitigation? And, if so, How Much is Enough?

The West Virginia Department of Culture and History, recognizing the "adverse impact" of Pinnacle Wind Force on 18 structures located in Mineral County, West Virginia, and listed on the National Register of Historic Places, recently entered into a Memorandum of Agreement (MOA) with the wind developer. Over the objections of the Mineral County Historical Society, the Mineral County Historical Foundation, and many concerned citizens, the West Virginia State Historic Preservation Officer, Susan Pierce, agreed to accept a $10,000 "historic preservation grant" as compensation for this adverse impact. The MOA states "the historic preservation grant will be made to and administered by an independent, local community foundation to be established by Pinnacle."

Yep. You read that right. $10,000 from the wind developer for a foundation to be established by the wind developer. Fair and balanced compensation for 18 sites on the National Register?

We don't think so.

If Ms. Kilpatrick is entertaining thoughts of following her West Virginia colleague down this path, we at Brightside believe she needs to be compelled to think again.

There is no amount of money that can restore or replace the loss of integrity to Camp Allegheny's setting and feeling should HNWD's wind turbines be erected as proposed.

Monetary mitigation is not mitigation. It is a form of legally sanctioned payola allowing the developer to go ahead and do what they want to do.

Ms. Pierce set a very unfortunate precedent in West Virginia. Not just for historic preservation, but for regulatory enforcement across the board where wind utility's are concerned.

What worries Brightside is this: Absent a public hearing or any public forum within which the "affected stakeholders" can voice their opinions regarding such "mitigation strategies," all parties cannot, in point of fact, "agree to the terms of a mitigation package." If the past is any guide, We the People might well not know of the terms of the package until the MOA is signed.

This is why we must speak out now. We must tell Ms. Kilpatrick that we concerned citizens require a place at the table. We must tell her that monetary compensation is not effective mitigation and ask her to exclude it from her considerations.

Please take a moment to email, call, or send a letter to Kathleen Kilpatrick. She works for you. Copy your correspondence to Joel Peck, Clerk of the SCC. Please reference case PUE-2005-00101

Kathleen Kilpatrick, Director
Virginia Department of Historic Resources
2801 Kensington Avenue
Richmond, VA 23221
804-367-2323
kathleen.kilpatrick@dhr.virginia.gov

Joel H. Peck
Clerk of the State Corporation Commission
Document Control Center
P.O. Box 2118
Richmond, VA 23218-2118

or email the Clerk at this address:
sallie.holmes@scc.virginia.gov

Thank You! Your Efforts Are Making a Difference.