Snowshoe Sewage Plant Case Outcome

 

The sources do not explicitly state the final outcome of the Snowshoe sewage plant case. However, they do offer a detailed account of the controversy surrounding the proposed plant, highlighting the arguments of both supporters and opponents.

Here's a summary of the key points about the case:

• Need for the Plant: Supporters, including the Pocahontas County Commission and Snowshoe Mountain, Inc., argued that the plant was necessary to accommodate the growth at Snowshoe Mountain Resort and the surrounding areas. They insisted that the proposed site was their only cost-effective option.

• Opposition to the Site: Many residents and environmental groups opposed the plant's location. Their concerns included:

  • Eminent Domain: The use of eminent domain to acquire the land for the plant was seen as legally questionable, particularly as it was perceived to benefit private developers.
  • Environmental Impact: The site was located on a floodplain prone to sinkholes and would feed into the upper Elk River, a trout breeding area. Opponents feared that the plant would damage the local ecosystem and harm the fishing industry.

• Alternative Site Rejected: In 2005, the Governor offered state-owned land for the plant, but project proponents rejected this offer, citing an additional $2 million in costs for site access.

• Legal Challenge: The case was scheduled to be heard by the West Virginia Supreme Court in September 2006. The legal challenge focused on the accuracy of the growth projections used to justify the plant and the alleged issuance of permits based on a 10-year timeframe instead of the required 20-year figures.

• Snowshoe’s Previous Attempts: The sources mention previous attempts by Snowshoe Mountain to address its sewage issues:

  • Lawsuit with WV DEP: In 2003, Snowshoe was sued by the West Virginia Department of Environmental Protection for numerous violations related to its privately owned utilities.
  • Application for a New Plant: During the lawsuit, Snowshoe applied to build a sewage plant at the base of the mountain to serve a new development. This application was contested by various parties, including Snowshoe residents concerned about the associated costs.
  • Withdrawal of Application: Snowshoe ultimately withdrew their application for the new plant. The sources imply that a regional plant financed by taxpayers was then proposed.

• PSD Involvement: The Public Service District (PSD) became involved in the sewage issue. A former PSD board member, Calvin Hill Durbin, expressed dissatisfaction with the way information was withheld from the board during decision-making. He argued that Snowshoe should be responsible for managing its own sewage system.

While the sources do not reveal the ultimate resolution of the case, they provide insights into the complex issues and the strong opposition faced by the proposed Snowshoe sewage plant project. The lack of a definitive conclusion in the sources may indicate that the case was either settled out of court or that the outcome remains unclear.