Data Center Development Faces State Intervention For Failing To Prevent Flooding Of Neighbors

The West Virginia Department of Environmental Protection (WVDEP) issued a unilateral enforcement order to Monarch Cloud Campus in Mason County following flooding over the weekend.  

A DEP investigation into stormwater permit violations at the site found that erosion and sediment controls the company had put in place were overwhelmed, contributing to flooding and sediment impacts in a neighboring residential area.    

Inspectors responded after heavy rainfall on July 11 caused stormwater to build up behind erosion and sediment controls along the southern edge of the construction site. Inspectors determined the controls were overwhelmed, allowing sediment-laden water to leave the site and enter neighboring residential properties. Follow-up inspections also found additional erosion and sediment control deficiencies elsewhere on the project.   

This is the second time the construction site has contributed to flooding on neighboring properties after a similar incident in May.    

Monarch Cloud Campus informed DEP that it is working directly with affected homeowners to clean up and repair flood- and sediment-related impacts to their properties at no cost to the residents. 
 
“Construction stormwater permits are intended to keep sediment on the construction site and protect neighboring properties and nearby streams,” DEP Cabinet Secretary Harold Ward said in a press release Tuesday evening. “When those controls fail, or when work occurs without the required protections in place, the WVDEP will take enforcement action to ensure the problems are corrected.” 

The enforcement order requires the Monarch Cloud Campus to immediately repair and strengthen the stormwater controls that failed, install additional erosion and sediment controls and take whatever actions are necessary to prevent similar releases from occurring in the future.  

The order also requires the company to immediately stop land-disturbing work in an area where construction began before required sediment control structures were installed.  

When complete, the more than 2,000-acre Monarch campus will house a state-certified AI microgrid with up to eight gigawatts of power. It is being developed by Fidelis New Energy and Nscale with investments from Microsoft.