Date Mix-up Prevents Residents From Commenting On Data Center Permit

Updated on Friday, March 20, 2026 at 6:40 p.m.

An incorrectly listed data center permit deadline has kept Mason County citizens from having their voices heard.  

Mason County residents met Tuesday to gain more information on a proposed data center coming to the area. More than 60 people showed up.  

That was March 17 — two days after the actual comment deadline for the NPDES/State Storm Water Construction permit.  

The correct date of March 15 was published in the River Cities Tribune & Register, a local newspaper.  

An incorrect date, March 25, was published on an email system, called a Listserv, run by the West Virginia Department of Environmental Protection (DEP). The mistake was attributed to a clerical error. 

Following the Tuesday meeting, residents formed the “Protect Mason County WV” Facebook group, which grew to over 350 members in less than 48 hours. They used it to share information and submit comments on the permit application.  

Representatives from West Virginia Citizen Action Group (WVCAG), one of the sponsors of the meeting, and members of the community said the DEP should stand by the later date to avoid silencing local residents.  

“Through good organizing and relationships, citizens engaged in the process as it was laid out in good faith,” WV Citizen Action Group’s Executive Director Dani Parent said in a prepared statement. “As an organization that facilitates these interactions with the process, WVCAG is deeply disappointed that a clerical error is silencing those closest to this issue.” 

“I feel that DEP should stand by the longest period to give the public every opportunity to make a comment and have their voices heard. That’s what they’re there for,” said Mason County resident Elaine Matheny. 

The proposed data center in Mason County also made news this week as developer Nscale inked an agreement with Microsoft.  

The statement from WVCAG noted, “While the publishing of the correct comment period end date in the local paper of record is technically within legal bounds, the fact that the permit has been issued while residents are still organizing and submitting their input speaks to a false sense of urgency and the potential silencing of community members to whom the DEP is responsible.” 

In an emailed statement to West Virginia Public Broadcasting, the WVDEP’s Chief Communications Officer Terry Fletcher said, “The WVDEP understands there was confusion related to a discrepancy between the date included in a listserv distribution and the official public notice. The legally required notice, published in the River Cities Register in accordance with the Stormwater Construction General Permit, correctly established the public comment period as ending on March 15, 2026, and the agency met all applicable notice requirements. Therefore, the WVDEP does not have a legal basis to extend or reopen the comment period.

“It is also important to note that this authorization is for a registration under the Stormwater Construction General Permit, which establishes requirements for managing stormwater runoff during construction activities only. These requirements apply uniformly to any project that disturbs one acre or more of land.

“While the formal comment period has closed, the WVDEP will review any information submitted through March 25, 2026. If that information identifies potential deficiencies in the required protection plans, the agency has the authority to require appropriate modifications to ensure compliance with all regulatory requirements.”

In the Eastern Panhandle, a similar data center has been proposed. A public hearing is scheduled for Friday, March 20, 6-8 p.m., at Spring Mills High School auditorium to discuss the Falling Waters-area data center. This meeting will be hosted by two Berkeley County Commissioners.

**Editor’s Note: This story was updated to include a response from the West Virginia Department of Environmental Protection.