Laconia Citizen
Wednesday, February 27, 2008

Federal court denies appeal involving car racetrack in Tamworth

By ERIN PLUMMER

An appeal of a racing company's federal wetlands permit for a proposed racetrack on Mount Whittier has been denied in court.

In October 2006, several residents and business owners in Tamworth filed an appeal to a federal wetlands permit granted to Club Motorsports Inc. The permit, granted by the Army Corps of Engineers, was for the proposed Valley Motorsports Park on Route 25, which has been opposed and scrutinized by many town residents.

The appeal was denied by U.S. District Court in a 22-page ruling filed on Feb. 14 by Judge Steven McAuliffe.

The ruling states that the only reason for the appeal was sound limits approved by the Corps of Engineers that were disputed by an independent engineer.

"Interestingly, plaintiffs' challenge is not related to any potential adverse effects the proposed facility might have on water quality in the area," the ruling states. "Instead, plaintiffs complain that the corps approved a noise limit on the project that was excessive and at odds with the recommendations of the corps' own consultant. Consequently, say plaintiffs, the decision amounted to an abuse of discretion and renders the corps' issuance of the permit arbitrary and capricious."

Noise studies for a project similar to Valley Motorsports were conducted for Club Motorsports by Tech Environmental. Another sound study was done on behalf of citizen's group Focus: Tamworth by Harris, Miller, Miller and Hanson that recommended stricter limits on sound from the track.

With the two sound reports, the corps compiled its own report with James Cowan of Achentech, which concluded the proposed racetrack could operate with similar noise limits used by similar racetracks around the country, suggesting the 89-decibel limit at Lime Rock Park in Connecticut.

According to the appeal, the corps agreed to the 99-decibel noise limit specified by Club Motorsports' analysis, which was higher than Achentech's recommendations. The decision, according to the appeal, rendered the corps' issuance of the permit "arbitrary and capricious" and subject to challenge.

"In light of the record evidence on sound restrictions at similar facilities and the various expert opinions relating to sound generation at Motorsports' facility itself (including Mr. Cowan's suggestions), it was not unreasonable, nor was it an abuse of discretion, for the corps to conclude that Motorsports' proposed operating plan was acceptable," the ruling said. "Plaintiffs suggest that the corps should have imposed on Motorsports only the more strict aspects of the Lime Rock limitations and ignored those that permit operation without any noise restrictions. The Court disagrees."

The court upheld the Corp's permit, saying the environmental impact on the area was thoroughly considered and the permit was granted accordingly.

"We are very pleased that the Court has upheld the ACOE's decision to issue our project a federal wetland permit," said Club Motorsports, Inc. President Jim Hoenscheid, who said the Army Corps of Engineers had thoroughly reviewed the project for 18 months before issuing the permit.

Hoenscheid said Club Motorsports has attained all required state and federal permits for the project. The company has also appealed a decision by the Tamworth planning board denying two permits under the town's wetland ordinance.