CLARKSBURG, W.Va. — The Harrison County Commission has rejected an application for a permit required as part of a project to demolish three dams along the West Fork River.
The U.S. Fish and Wildlife, along with the Canaan Valley Institute applied for the Location Improvement Permit in October, but the commission held off on making a decision in order to go over the need for one.
According their research, as explained at Thursday’s meeting, the agencies did not need a permit because the federal government can proceed without the county’s permission.
“I don’t think we need to give the permit,” Commission President Ron Watson said. “It would be counter to what we’ve done to save the dams, or save the property owners, whatever number there is out there. Now, if they take the dams out and it destroys and does something with the fence, that’s between the property owner and whoever, Fish and Wildlife.”
In November, the commission passed a resolution designating the river as a lawful fence under state code section 19-17-2 in an effort to save the dams as they have intended to do since the Clarksburg Water Board entered into the agreement with the agencies to tear them down.
However, the statute’s legal authority to block the demolition project is a point of contention.
“It really is about trespass of livestock and liabilities between one land owner and another,” said Todd Miller, Aquatic Restoration Director with the Canaan Valley Institute. “I’m not sure how it pertains to floodplain management or land use.”
The the lone dissent in the 2-1 vote to deny the permit came from Commissioner Bernie Fazzini, who cited the legal retaliation for their actions as cause for hesitation.
However, Watson’s response to that concern was dismissive.
“I’m not surprised,” Miller said. “These projects take a long time and there’s a lot of hurdles to go through. We’ve been through a lot of hurdles already, and I’m sure there’ll be others.”
Despite the setback, the project continues along on through the permitting process as the Location Improvement Permit is not the only one needed to move forward.
Two others remain to be approved, one from the state Department of Environmental Protection and one from the Army Corps of Engineers.
At this point, the plan is to continue to seek the permit from the county, the groups will consult their legal counsel.
“I’m not sure how we’ll address the lack of county permits,” Miller said.
If the permits are secured in the timeline established by the agencies, demolition could happen sometime after the holidays.