A California company has submitted updated plans for a Jefferson County facility that would extract local groundwater for commercial use.
Updated on Friday, November 22 at 1:25 p.m.
A California company has submitted updated plans for a Jefferson County facility that would package local groundwater into water bottles, signaling their intent to move forward despite significant community pushback.
Sidewinder Enterprises submitted the revised concept plan for Mountain Pure Water Bottling Facility to the Jefferson County Planning Commission Monday. The modifications come after the commission voted unanimously last week that the company’s initial concept plan was incomplete.
Commissioners and local residents who attended the Nov. 12 meeting voiced concerns about the project’s toll on agriculture, water resources, traffic and the local environment. But ultimately, the commission’s decision centered around a technical issue with the initial draft.
Sidewinder’s proposed water bottling facility would include six parcels of land straddling the small, unincorporated community of Middleway.
The one-million-square-foot water bottling facility itself would be constructed on industrially zoned land that previously served as a manufacturing site for multinational conglomerate 3M. Company representatives say the project would create local jobs.
But the project would also incorporate two parcels of land zoned rural on the other side of town. These properties include Lake Louisa and portions of Turkey Run, local waterways that sustain the well water supply for some Middleway residents.
Sidewinder representatives said during the meeting that a new water line would connect the facility site to these sources — stretching beneath the heart of the Middleway Historic District, a cluster of centuries-old homes featured on the National Register of Historic Places.
A sign at the former 3M manufacturing site advertises last week’s public comment period regarding Mountain Pure Water Bottling Facility.
Photo Credit: Jack Walker/West Virginia Public Broadcasting
However, the company’s initial draft omitted any reference to these rural parcels, and did not explicitly state where groundwater would be sourced.
Commissioners agreed they were unable to accept a concept plan that did not include the parcels of land where the water supply came from, because they are integral to the function of the facility as a whole.
“You can’t have a bathtub without a waterline,” Commissioner Cara Keys said.
After the five-hour meeting, representatives for Sidewinder told West Virginia Public Broadcasting that the company would promptly submit a revised concept plan with the additional plots included.
“We’ll resubmit the concept plan to cure what they had decided were the deficiencies moving forward,” said Mark Dyck, vice president of the civil engineering firm Integrity Federal Services, representing Sidewinder.
“The direction that the commission gave us was add the two parcels,” he said. “That’s the only thing they can do, because we met all the other requirements.”
The version of the concept plan that Sidewinder submitted Monday includes the two rural parcels and a clearer depiction of the water line connecting them to the facility itself.
The next meeting of the Jefferson County Planning Commission is scheduled for Dec. 17 at 7 p.m., according to the commission’s website.
The commission has the authority to call another meeting sooner, but a date for when it will review Sidewinder’s revisions has not yet been announced.
View the revised plan for Mountain Pure Water Bottling Facility:
**Editor’s Note: This story was updated to include a new upcoming meeting date for the Jefferson County Planning Commission after its Dec. 10 regular meeting was canceled.
Plans for a controversial water bottling plant in Jefferson County will require modification after a vote from the local planning commission. But even with modifications, some say concerns about the project remain.
Plans for a controversial water bottling plant in Jefferson County will require modification after a vote from the local planning commission. But even with modifications, some say concerns about the project remain.
The Jefferson County Foundation, a nonprofit that aims to protect local heritage and ecology, submitted a letter to the Jefferson County Planning Commission listing some of these issues. President Christine Wimer talked to Jack Walker about the letter, and worries being raised by the community of Middleway regarding Mountain Pure Water Bottling Facility.
This interview has been edited for length and clarity.
Walker: Could you tell me about the plans for the water bottling facility, and what concerns residents have over them?
Wimer: From an environmental standpoint and a natural resources standpoint, the big problem here is the water. They’re seeking to extract groundwater, bottle it, treat it and sell it outside of the county. So we really are concerned that that will negatively impact the environment and the groundwater as a resource. Anecdotally — and it seems unfortunate to say anecdotally, but it’s not a scientific measurement —but farmers, who are scientists in their own rights, have noticed for decades that groundwater resources are receding in Jefferson County. We are concerned because farming, agriculture, the equine industry and, quite frankly, tourism — our local economy is based in those three synergistic industries — they rely heavily on water resources, and specifically groundwater resources. It is our concern that a development such as this would cause groundwater drawdown, and that would negatively impact the other sectors of our economy.
The other problem is obviously the traffic. The traffic pattern and the heavy truck traffic is a concern for local residents right in Middleway and right around Middleway. That’s not quite as widely impactful, but there also [could] be negative impacts on the historical resources in the historical district of Middleway.
Walker: Can you tell me about the letter your nonprofit submitted to the Jefferson County Planning Commission?
Wimer: When we start looking over something, start evaluating something, we start always from the position of just trying to figure out the facts. There was not that much information in the concept plan here. So, we really had to do quite a bit of research to try to find out what was happening here. The first glaring thing for us was that there was no information about where the water is coming from. It’s a water bottling plant, so where the water is coming from is a very integral piece of information to understanding the land use. So we went on a search to try to understand more about what was happening here.
The other thing the foundation does is, when we become aware of a project like this that we think is going to impact a community, we try to communicate with people in that community. … So we talk to community members and try to really: one, let them know that the thing is happening and, two, try to understand their concerns and help them find information that will help them better understand how this project will impact them.
Then, because of the way that these hearings work, the public is unfortunately not allowed to present expert witnesses. The company does, but the public is unfortunately not allowed to. And so, the way we approach these generally is we write a presentation with advice from our attorneys and our experts and scientific experts, and then also the concerned citizens from the area and our group at the foundation.
Walker: Do you think the planning commission should consider concerns like these in its decision-making process?
Wimer: I think that it is well within the scope of what they are doing for them to evaluate whether this aligns with the zoning ordinance in Jefferson County and the development regulations in Jefferson County, and then also to evaluate the application itself.
We find it interesting that during the presentation, the representative for the company, Mark Dyck, repeatedly said that there was no difference in state code between agricultural wells and other large-quantity user wells. In state code, in the Water Resources Protection Act, it defines large-quantity users. In the last sentence of the definition, it says that large quantity users excludes wells for farm use.
Very clearly, the state government has made a distinction between large-quantity user water extraction wells and farm wells. Those farm wells include wells for irrigation, wells for watering animals and that type of thing. We believe that that was a misrepresentation of the state code, and there is a very clear difference between large-quantity users and farming wells.
Walker: What does your organization hope for the future of this project?
Wimer: We’ve agreed that this site should be utilized. But we believe that it should be utilized in a way that lifts up the community and honors the community, its history, its current economy. Not something that just extracts.
View the Jefferson County Foundation’s full letter here:
On this West Virginia Morning, plans for a controversial water bottling plant in Jefferson County will require modification and some say concerns about the project remain. Also, a legislative work group on the state’s child welfare system reported their findings and recommendations to lawmakers this month.
On this West Virginia Morning, plans for a controversial water bottling plant in Jefferson County will require modification after a vote from the local planning commission. But even with modifications, some say concerns about Mountain Pure Water Bottling Facility remain. Reporter Jack Walker spoke with Jefferson County Foundation President Christine Wimer about worries being raised by the community of Middleway.
And for many years West Virginia has led the nation in foster care rates, with more than 6,000 children currently in state custody. This year, the state legislature formed a work group to identify and address complaints of neglect and ineptitude in the state’s child welfare system. As Emily Rice reports, the work group reported their findings and recommendations to lawmakers this month.
West Virginia Morning is a production of West Virginia Public Broadcasting, which is solely responsible for its content.
Support for our news bureaus comes from Shepherd University and Marshall University School of Journalism and Mass Communications.
Maria Young produced this episode.
Listen to West Virginia Morning weekdays at 7:43 a.m. on WVPB Radio or subscribe to the podcast and never miss an episode. #WVMorning
On this West Virginia Morning, a new episode of Us & Them looks at the latest chapter in the debate over West Virginia’s vaccination requirements, and several Kanawha County schools will be closed and consolidated at the end of this school year.
On this West Virginia Morning, a new episode of Us & Them looks at the latest chapter in the debate over West Virginia’s vaccination requirements. A recent legislative proposal would have exempted homeschooled kids and private and parochial schools from the current requirements. Governor Jim Justice vetoed the measure, but it found support from some parents opposed to what they call ‘oppressive’ vaccination laws.
Also, several Kanawha County schools will be closed and consolidated at the end of this school year. They join close to a dozen other schools that have been approved for closure and consolidation over the past year, including three other elementary schools in Kanawha County.
And plans for a new factory in Jefferson County have been delayed. Jack Walker tells us why.
West Virginia Morning is a production of West Virginia Public Broadcasting, which is solely responsible for its content. Support for our news bureaus comes from Shepherd University and Marshall University School of Journalism and Mass Communications.
Maria Young produced this episode.
Listen to West Virginia Morning weekdays at 7:43 a.m. on WVPB Radio or subscribe to the podcast and never miss an episode. #WVMorning
Plans for a controversial water bottling plant in the tiny Jefferson County community of Middleway have been delayed after local officials deemed them incomplete.
Plans for a controversial water bottling plant in the tiny Jefferson County community of Middleway have been delayed after local officials deemed them incomplete.
During a tense meeting of the Jefferson County Planning Commission Tuesday evening, dozens of residents packed into a meeting room in the basement of the Charles Town Library.
More than 50 signed up to speak against the Mountain Pure Water Bottling Facility, and tens more had to observe the meeting from a hallway due to a lack of space. No community members spoke in favor of the project.
Tuesday marked the first public forum for discussing a concept plan submitted to the commission by California-based Sidewinder Enterprises.
The company’s proposed 1-million-square-foot facility would be built atop a site formerly owned by industrial conglomerate 3M. The site is also located about a half-mile from a historic district containing 60 major buildings constructed in the late 18th or early 19th centuries.
The meeting lasted more than five hours, stretching past midnight. Outside the comment period, residents repeatedly called aloud concerns over the project’s impact on local development, traffic, historic preservation, water supply and ecology — and urged commissioners to reject it outright.
Representing the company were Vice President Mark Dyck and Principal Jason Gehart of civil engineering firm Integrity Federal Services. They argued the concept plan complies with state law.
The plan “meets all the requirements of the Jefferson County ordinances,” Dyck said. “So we believe that this is qualified and acceptable to move forward.”
From left, Middleway residents Mary Mullins and Kathy McCormack display hand-painted signs denouncing plans for a local water bottle plant. “I’m unhappy, to say it mildly,” McCormack said.
Photo Credit: Jack Walker/West Virginia Public Broadcasting
Dyck said the company has also made some assurances to support the needs of the local community.
Namely, he said the company would pay to replace water wells for residents within 1,000 feet of the facility in its first two years of operation, should they have concerns about the quality of their groundwater. Plus, he said the company would place a traffic light at a nearby intersection.
Residents argued this was insufficient. Dyck said 22 households would fall within the 1,000 feet threshold, but members of the public said its impact would be felt throughout the 400-person community and beyond.
“When water levels drop critically low in Jefferson County, residents and farmers, not this California company will suffer water restrictions,” said Jefferson County resident Mary Gee.
Members of the commission expressed confusion over whether extracting water for commercial purposes was permitted under state law.
They also said the outpouring of community pushback showed Sidewinder did not provide the local community sufficient outreach or information — a sentiment affirmed by residents’ groans after Dyck erroneously referred to their community as “Middleburg.”
“If you want to be successful in Jefferson County, you have to get the people behind you,” said Commissioner J Ware. “Not the developer.”
Dyck argued the project would create jobs for the local community. He also said there is value in increasing water bottle production, referencing resident comments that the unexpected devastation of Hurricane Helene belies the importance of protecting the environment.
“It’s a little bit emotional for me, because my son was in Asheville,” Dyck said. “He would have so appreciated a bottle of water from Jefferson County.”
Integrity Federal Services employees Mark Dyck, seated on the left, and Jason Gerhart, on the right, address members of the Jefferson County Planning Commission Tuesday evening.
Photo Credit: Jack Walker/West Virginia Public Broadcasting
Residents were not notified ahead of the meeting where water for the bottling process would be sourced from. During the meeting, Dyck said it would be sourced from the local water supply, which elevated concerns from community members.
Jefferson County resident Benjamin Buckley said allowing a company to extract and profit from local groundwater was especially concerning in light of recent lawsuits against the site’s former owner, 3M.
Last year, the company was ordered to pay more than $10 billion in lawsuits tied to its role in spreading “forever chemicals” across waterways nationwide.
3M “came in here. Looks like they peed in the punch bowl,” Buckley said. “Looks like another outfit is going to come in and bottle it and sell it.”
Buckley was one of numerous residents who expressed concern over the toll of new factories and business developments on West Virginia’s Eastern Panhandle, the fastest growing region of the state.
The politics and geography of Jefferson County are key to Middleway’s selection for the water bottling plant, according to the project’s webpage.
Reasons for selecting Middleway include “West Virginia’s regulatory environment” and the area’s proximity to population centers in the northeast and southern United States, the website reads.
Other commenters likened the Sidewinder project to Rockwool, a Danish steel wool manufacturer that received overwhelming local pushback over environmental worries. The facility was placed under investigation in 2020, in part due to air and water quality concerns.
“This is Rockwool all over again, where government officials know what’s happening, and they don’t tell the public until it’s too late,” said Shepherdstown resident Billie Garde. “We’re tired of being run over.”
Despite the extent of community concern, commissioners said they were limited in their authority to reject the project. They said their role is to interpret whether the project is complete and adheres to state and county policies, not whether it is suitable for the local community.
Residents lined the hallway outside the Jefferson County Planning Commission meeting Tuesday evening due to a lack of space inside the meeting room.
Photo Credit: Jack Walker/West Virginia Public Broadcasting
But the submitted concept plan only included reference to the factory site, whereas Dyck said the project would pull water from a separate parcel of land. Two test wells for the project have already been drilled on a separate property near Lake Louise.
Commissioner Cara Keys said omitting additional parcels from the concept plan was inadequate, because it was an integral component of the factory.
“You can’t have a bathtub without a waterline,” she said.
Legal counsel argued that rejecting the project due to local concerns fell outside the purview of the commission, and could require court intervention. But the commissioners felt Sidewinder’s omission of additional parcels was still relevant.
They voted unanimously that the concept plan was incomplete, sending it back to the company for modification and resubmission.
Meanwhile, the concept plan marks just an early stage of the planning process. The company could be required to make additional modifications to adhere to state and local standards if its project progresses.
After the meeting, Dyck told West Virginia Public Broadcasting that the team plans to resubmit the plan with additional properties listed.
“We met all the other requirements,” he said. “I think the Planning Commission is obligated to follow the rules and regulations.”
Sidewinder’s ability to resubmit means that, for now, the commission’s decision only delayed its planning process.
But community members who spent hours waiting to hear the commission’s decision viewed it as a win, made clear by their cheers after the commission voted to send Sidewinder back to the drawing board.
The Jefferson County Planning Commission ruled a water bottling plant concept plan from Sidewinder Enterprises is incomplete, requiring resubmission to move forward.
Photo Credit: Jack Walker/West Virginia Public Broadcasting
On this West Virginia Week, Jim Justice, the state’s two-term Republican governor, won a decisive victory in the race for the U.S. Senate in Tuesday’s general election. Patrick Morrisey, West Virginia’s three-term attorney general, won the governorship, continuing a conservative shift in state leadership.
Meanwhile, parts of West Virginia have been experiencing drought conditions, with the Department of Forestry fighting 82 wildfires in the southern coalfields this week. Also, West Virginians can apply for assistance covering home heating costs for the upcoming winter months.
Emily Rice is our host this week. Our theme music is by Matt Jackfert.
West Virginia Week is a web-only podcast that explores the week’s biggest news in the Mountain State. It’s produced with help from Bill Lynch, Briana Heaney, Caelan Bailey, Chris Schulz, Curtis Tate, Emily Rice, Eric Douglas, Jack Walker, Liz McCormick, Maria Young and Randy Yohe.
