Application No. WV0105724

Dear Ms. Howell:

We, the undersigned, being citizens of Jefferson County and users of the Shenandoah River, respectfully request a public hearing on the matter of Old Standard, LLC.

We raise the following issues that need to be clarified and resolved in a duly noticed public hearing:

There is extensive confusion as to the discharge location. Several different longitudes and latitudes are in the DEP submission, and none track to public notice S-93-04.
There is extensive confusion as to the location of the plant and the location of the line from Sheridan Estates to the plant and from the plant to the Shenandoah River.
There is extensive confusion over the number of people to be served. The projected population for Sheridan Estates subdivision is between 500-750 people, but the ad states that 3,570 people will be served. As there are no other subdivisions planned for this rural zoned area of Jefferson County, we are at a loss of why the projection needs to be so large. If the plant is designed for more than Sheridan, the legal notice must be reissued, since the public notice states the plant will only serve persons in Sheridan.
The permit is silent on what safeguards will be used to monitor leakage and breaks in the sewer line from Sheridan to the plant and from the plant to the Shenandoah River. Any rupture in this area would devastate the ground water.
The baseline sampling of the Shenandoah River needs to be completed. The six-month baseline test was never completed.
The permit needs antidegradation determinations for each pollutant.
The permit needs limits for effluent turbidity, and continuous measurement of effluent turbidity.
There is no explanation of where Old Standard, LLC is going to get at least 3 million gallons of water per day to run the new plant. A thorough study of the aquifer is required so that the facility and surrounding residences do not dry up during another drought. The alternative of diverting Shenandoah River water would require major due diligence and the approvals of numerous state, regional and federal authorities. A hearing could help resolve this issue.
A new and separate facility will require extensive approvals from West Virginia State authorities, Federal agencies, and all signatories of the Chesapeake Bay Watershed Agreement. This means that approvals from relevant state agencies in Virginia, Maryland, and Washington DC, plus regional water authorities are required, further delaying final approval and any grant application.

REF: Old Standard, LLC

Application No. WV0105724 – Page 2

A new and separate facility located on the Shenandoah River will directly impact tourism, especially tubing, kayaking, and canoeing. Any degrading of water quality will destroy numerous small businesses and ruin our local reputation of as a tourist destination of choice. A hearing could help resolve this issue
A new and separate facility located on the Shenandoah River will directly impact Harpers Ferry National Historical Park. This will trigger Section 106 of the National Historic Preservation Act, further delaying final approval and any grant application.
In 2002, the Jefferson County Planning Commission voted to delay approval of any new major sewer facility until after the adoption of a new Comprehensive Plan. Their reasoning was that infrastructure should not be located prior to knowing where the new growth is going to occur. A hearing is necessary to allow the Jefferson County Commission and Planning Commission to comment on the compatibility of this facility within the context of their Comprehensive Plan.
Expanding the existing Charles Town Treatment Plant is the better alternative. The Old Standard, LLC proposal needs to be considered in context with the Charles Town Plant proposal. ONLY ONE PLANT IS NEEDED, NOT BOTH. The existing Charles Town Plant has (1) room for expansion, (2) an additional ten acres adjoining the site that could be purchased, and (3) one centralized facility provides for “economies of scale” regarding personnel, motor pool and other operational costs. A hearing could help resolve this issue.
The existing Charles Town Plant is four miles closer to the existing and approved houses that need to be served by a new facility (Flowing Springs and Country Club Road areas). This saves the cost of laying pipes. It also reduces the number of property owners who would be forced to hook up to public sewer wherever the new sewer line comes within 300 feet of their property line. The hook-up costs could range up to $3,000+ per house. A hearing could help resolve this issue.
There are no major developments pending before the Jefferson County Planning Commission near the proposed site. A hearing is needed to resolve why this facility is not being proposed near the existing need (Charles Town).
The WVPSC, in writing, has also raised serious concerns about key participants in this process, [quote] “regarding the District’s Chairman, spouse, the District’s engineer and developers. The issues of conflict of interest and ethics law violations are still being looked at by Staff.” [end quote]. A hearing is needed to assess the true need for this facility versus possible official misconduct related to Old Standard, LLC.

Respectfully submitted by:

Scot M. Faulkner Vicki H. Faulkner

253 Prospect Avenue

Harpers Ferry, WV 25425-9728

Tel/Fax: 304-535-2757

Email: smf53@aol.com