CMI gets second permit from the state

SEPTEMBER 23, 2004

CMI gets second permit from the state

TAMWORTH — N.H. Department of Environmental Services has issued Club Motorsports Incorporated its site specific permit.

This is the second state permit the company has received for its plans to build a motorsports country club on the side of Mt. Whittier. State officials have also rejected an appeal of the wetlands permit, and reaffirmed their original decision to grant it, which was made in July.

Focus: Tamworth, the organization which appealed the wetlands permit, has issued a statement saying that it will continue its appeals.

In a press release Monday, the group announced that the “Thirty-plus property owners who are appealing the conditional N.H. Department of Environmental Services wetlands and dredge-and-fill permit for Club Motorsports Inc. expect to take their appeal to the next level, a hearing before the N.H. Wetlands Council.”

Spokesman Charles Greenhalgh said, “The Reconsideration request was a required first step in the process. As long as we believe the facts support reconsideration or appeal, we will continue to pursue the process. The reasons for our appeal still appear convincing.”

But Stephan Condodemetraky, Chief Executive Officer of Club Motorsports, is happy with the DES decision. He said he considers the permit a major step in the permitting review and approval process, and a step closer to construction.

“We are proud to be moving forward in our project’s development. We look forward to continuing to work proactively with N.H. DES, the Army Corps of Engineers and local planners as necessary on the remaining permits.

In its press release about the permit approval, the company noted that DES wrote, “that the project will not significantly impair existing wetlands, surface waters and groundwater resources.

Conditional approval

In a site specific, or alteration of terrain permit (WPS-6920) granted Monday, Sept. 20, DES approved the second of two major state permits for the project, listing 12 conditions for the approval.

The first condition of approval is “Water quality degradation shall not occur as a result of the project.” Another condition notes that other town, state and federal permits may be required. The site specific permit is separate from the wetlands permit and a 401 Water Quality Certificate, which are also issued by DES. Both are being required for this project. A public hearing on the Water Quality Certificate will be held in conjunction with the U.S. Army Corps of Engineers permit hearing Oct. 6 at 7 p.m. at Kenneth A. Brett School.

Permit conditions also require that revised plans be submitted to DES before to any changes are made in construction details or sequences. The department must be notified within 10 days of a change of ownership. The company is required to submit a construction schedule and to notify DES in writing prior to starting construction, and to meet with DES Land Resources Management Program at least 48 hours before beginning construction. Further, design calculations and construction drawings for proposed geotextile reinforced slopes shall be submitted to DES for review and approval prior to the start of construction.

Club Motorsports must also use an environmental monitor, approved by DES, to provide independent professional environmental inspections of the project to see that it is in compliance with the permit. The environmental monitor must inspect the project at least once a week, and after any storms that have at least one-inch of rain in a 24-hour period, and must send reports to the DES, describing whether or not the construction complies with the project plans and construction sequence, and identify problems and corrections.

Wetlands approval

Last week, the Department of Environmental Services said it reaffirmed its approval decision on the wetlands permit. DES approved the permit July 29.

In August, the department received a letter requesting reconsideration, from Sherilyn Young, attorney with Rath, Young and Pignatelli, representing Focus: Tamworth.

In an 11-page letter to Young, Wetlands Bureau Administrator Collis Adams listed 29 standards of approval and findings of fact in rejecting the request for reconsideration of the permit.

According to the letter, “Final review of the information submitted by Focus: Tamworth for reconsideration failed to provide significant new information that would warrant a Department reversal of the approved wetlands permit.”

In reaffirming the approval, Adams said “The need for the proposed impacts has been demonstrated by the applicant” and “The applicant has provided evidence which demonstrates that this proposal is the alternative with the least adverse impact to areas and environments under the department’s jurisdiction.” Further, he said, Club Motorsports has met the obligation of mitigating affects on wetlands by restoring wetlands on the property and putting a 107-acre parcel in Sandwich into conservation.

Many of the findings note items of procedure in the permitting process. For instance dates of meetings, application filings and DES decisions are listed as findings of fact.

Among the findings of fact, the DES noted that the design had been changed and some features that would affect wetlands had been removed from the final design. After on-site review of the lands, several wetland and seasonal drainage areas were added to the plan. In May, DES requested additional information and received revised plans in June.

In other findings of fact, DES noted issues raised by Tamworth Conservation Commission and Focus: Tamworth, and others. Taking those issues point by point, the letter indicated they had been addressed by Club Motorsports, or by the Department of Environmental Services, of that the department had deemed them to be outside the jurisdiction of the department. For instance Tamworth Conservation Commission recommended that DES require additional details regarding noise levels. The response notes, “DES Wetlands Bureau does not have the jurisdictional authority over noise pollution issues; however, the applicant did provide a noise study to address local concerns relative to this issue.”

The Club Motorsports press release noted that DES has concluded that there are no threatened or endangered species in the project area, the project will not significantly affect wildlife movement patterns; no rare or endangered plant species have been observed in the area; and that the project is not expected to impair existing recreation-based tourism or negatively affect the aesthetic interest of the public. The press release also noted that DES found that it had adequately addressed issues of emergency spill response and rescue services, as well as noise issues.

Focus: Tamworth disagrees with the DES assessment, saying that “DES did not address many important issues raised by the Tamworth Conservation Commission, including stormwater management, the effect of runoff on abutters and the impact of increased water flow on stream banks near the project.”

“There are many more steps to the process,” Greenhalgh said. “This is a vast undertaking, and every permit must be fully examined to insure that Tamworth is protected.”

Focus: Tamworth has 30 days in which to file an appeal with N.H. Wetlands Council. The Wetlands Council’s decision can be appealed to the Carroll County Superior Court, and that decision can be appealed to the New Hampshire Supreme Court. Either the Wetlands Council or the courts can instruct DES to deny the permit or to impose additional conditions.

Greenhalgh also noted that CMI has not yet re-submitted its application for a Special Use Permit under Tamworth’s Wetlands Ordinance, and said that permit is also required before the company can begin construction.