An injunction from West Virginia’s 23rd Judicial Circuit Court postponed a Jefferson County Planning Commission hearing regarding a water bottling plant proposed for the community of Middleway.
Updated on Thursday, December 19 at 8:50 a.m.
A water bottling plant proposed for the historic Jefferson County community of Middleway is still awaiting formal approval or rejection from local officials. But a new circuit court decision means uncertainty over the project will continue into the new year.
On Monday, West Virginia’s 23rd Judicial Circuit Court granted an injunction that postponed a Jefferson County Planning Commission hearing for the project.
The Dec. 17 meeting, formally dubbed a “public workshop,” would have allowed the commission to review a revised plan for the Mountain Pure Water Bottling Facility. The project was first proposed in November by representatives for California-based Sidewinder Enterprises.
The court decision comes in response to a legal complaint filed by the Jefferson County Foundation, a local environmental and historic preservation nonprofit. The organization has previously expressedconcern about the toll the project would take on local water resources and traffic.
Under Jefferson County land development regulations, the planning commission is required to undertake a 45-day review period for concept plans before formally assessing their contents.
The complaint — shared with West Virginia Public Broadcasting by the foundation — argues that holding a “premature, end-of-year, special hearing” would deprive government agencies and the public time for “their due process right to be heard.”
“It would really hinder the ability of the agencies and the public… to review and comment,” said Christine Wimer, the foundation’s president. “We became pretty concerned about this public workshop being a meaningful opportunity for the public to be heard.”
Wimer said her organization reached out to the planning commission directly to request the meeting be rescheduled, but that the foundation pursued legal recourse because the commission did not agree to the delay.
“The government has to engage the people, and the people have to have a meaningful opportunity to engage,” Wimer said, adding that community members should be able to “evaluate” and “seek clarity” on a concept plan before speaking on it publicly.
Middleway is a historic community in Jefferson County with houses dating back to the eighteenth century.
Photo Credit: Jack Walker/West Virginia Public Broadcasting
Ultimately, Circuit Court Judge David Hammer agreed with the foundation’s legal claim, granting an injunction that postponed review of the current Mountain Pure concept plan.
According to the planning commission’s 2025 meeting schedule, that means the next regular meeting when commissioners would be eligible to review the plan is Feb. 11, roughly two months from now.
Sean Masterson, a management partner for Sidewinder, is helping lead the Mountain Pure project. In an email statement he provided to West Virginia Public Broadcasting through a media representative, Masterson described the postponement as an “opportunity” to talk to community members about their concerns.
“Our team looks forward to participating in additional dialogue on issues of importance concerning key technical and specific project details,” he wrote.
Masterson added that his team has commissioned an economic impact study for the project, which he plans to share with members of the public.
Meanwhile, some community members who oppose the project due to environmental, safety and historic preservation concerns regard the postponement as a win.
Jessie Norris is a Middleway resident and organizer for Protect Middleway, a grassroots local watchdog group calling for the Mountain Pure concept plan to be rejected or reformed. In a message to West Virginia Public Broadcasting, she expressed gratitude that the local community will have more time to review Sidewinder’s proposal.
“The postponement to Feb. 11 provides an opportunity for continued dialogue, advocacy and thoughtful preparation,” she wrote on behalf of Protect Middleway.
The proposed bottling plant would be built atop a former manufacturing site roughly half a mile from Middleway’s historic downtown. Under its current concept plan, a one-million-square-foot facility there would extract and bottle local groundwater.
Some residents have expressed concern that the project could cause toxic runoff, because chemicals were detected beneath the site in a 2018 geological report. Representatives for the project have denied these claims.
During subsequent planning commission meetings, members of the public will be eligible to address the commissioners for three minutes each during the public comment period, and can express their thoughts on the project.
Norris added that Protect Middleway looks forward to continuing its “advocacy efforts” after the holiday season.
“This additional time allows us to reflect on what makes Middleway so special — a village that has been lovingly sustained for centuries by those who call it home,” she wrote.
**Editor’s Note: This story was updated to include a written comment from Sidewinder Enterprises.
On this West Virginia Week, we recap a chaotic week at the State Capitol and we look at grassroots activism in West Virginia’s Eastern Panhandle.
On this West Virginia Week, we recap a chaotic week at the State Capitol. Republican lawmakers nominated Sen. Randy Smith, R-Tucker, as president of the West Virginia Senate on Sunday.
But in a meeting of the state’s Republican caucus, conflict arose surrounding a newly elected lawmaker, incoming Del. Joseph De Soto of Berkeley County. After De Soto allegedly made death threats against his fellow delegates, the would-be legislator faces felony charges.
Meanwhile, residents of West Virginia’s Eastern Panhandle have turned to grassroots activism, with aims of blocking or reforming plans for a water bottling plant in Jefferson County. Community members have a litany of environmental and developmental concerns about the project, which was presented to the Jefferson County Planning Commission last month.
Also in this episode, we’ll hear about Appalachian humor in the digital age, a Mountain State culinary crash course and a new addiction recovery project funded by opioid settlement dollars.
Jack Walker 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.
Five years ago, Melissa Carder and her wife purchased their dream home: an 1804 log cabin in the historic Jefferson County community of Middleway. Carder was seated upstairs this spring when the walls began to shake.
“I couldn’t even wrap my head around what was happening,” she said. “I actually thought: Is that a terrorist? Is it Armageddon? Is it World War III? Like, what is going on?”
Moments later, the house stilled. Carder and her wife realized it was not Armageddon, but something else: A pickup truck had careened off the road and into the side of their house.
“I have a little five-pound dog, and a large glass painting landed within inches of her. If it would have landed on her, it probably would have killed her,” Carder said. “It was extremely, extremely traumatic.”
Carder is not alone. Two of her neighbors told West Virginia Public Broadcasting that drivers have collided with structures, curbs or trees on their properties. Some locals have even barricaded their yards with rocks to protect against stray vehicles.
The rocks along the village’s narrow, colonial streets are a visual reminder that Jefferson County is at a crossroads.
This spring, a pickup truck collided with Middleway resident Melissa Carder’s centuries-old log cabin home. Carder said incidents like these are common along the village’s narrow roads.
Photo Courtesy of Melissa Carder
In the last 50 years, the population of West Virginia’s easternmost county has more than doubled, surpassing 57,000 in 2020, according to the United States Census Bureau. This growth means rural communities like Middleway are reckoning with an influx of traffic — plus the appropriation of more county land for industrial, commercial and residential development.
That process came to a head last month, when representatives for Sidewinder Enterprises presented plans for Mountain Pure Water Bottling Facility to the Jefferson County Planning Commission.
In a meeting that surpassed five hours, resident after resident sat before the commission and raised concerns about the project’s impact on traffic safety, water supplies, historic preservation and environmental health.
While the future of Sidewinder’s plan is unclear, residents are organizing to keep local priorities on the table.
‘Rockwool all over again’
Half a mile west of Middleway’s downtown, behind a chain link fence, an old factory site has sat vacant for nearly two decades. Before, the factory manufactured textiles, photography equipment and printing plates.
But the site has gone unused since 2006, according to its current owner, Sidewinder Enterprises, a California-based company that purchased the site in 2021. Now, Sidewinder aims to build a one-million-square-foot facility that would bottle local groundwater.
Integrity Federal Services, a civil engineering firm, presented plans for the facility to the Jefferson County Planning Commission on Nov. 12.
The commission unanimously voted that the application was incomplete because it omitted parcels of land containing the project’s water supply, located away from the main facility site.
Still, the commissioners did not reject the proposal outright, allowing Sidewinder to resubmit their concept plan with revisions. The company did so one week later.
Sidewinder’s push to develop the Middleway-area property comes amid rising industrial development across the region.
From 2014 to 2024, the Jefferson County Commission approved the rezoning of at least 563 acres of previously rural or residential land for possible industrial use, according to local zoning amendments posted to the Jefferson County Office of Planning and Zoning website.
Rising development corresponds in part with the county’s rising population. Over the same decade, the county commission also rezoned at least 246 acres of industrial or commercial land for possible residential use.
Still, many Jefferson County residents worry the current rate of industrial development is unsustainable for local infrastructure and the environment. Some, like Carder, feel a new industrial project could make current issues worse.
At last month’s planning commission meeting, dozens of community members from across Jefferson County echoed that sentiment.
Several likened Mountain Pure to past industrial projects in the area, like Rockwool. The Danish steel wool manufacturing plant, located in the town of Ranson, sparked years of impassioned environmental protest when proposed in 2017.
The project moved ahead despite an outpouring of local pushback. But in 2020 a Danish regulatory organization placed Rockwool under investigation for air and water quality concerns, renewing worries from some residents.
“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 during last month’s planning commission meeting. “We’re tired of being run over.”
Other commenters compared Sidewinder to 3M, the conglomerate that previously owned the site. Last year, the company had to dole more than $10 billion in a settlement for contaminating waterways across the country.
In West Virginia, residents worry about the environmental toll 3M left behind. And those worries stem from a discovery reported by Sidewinder itself.
Industrial Rezoning Over The Past Decade
Use the slider to toggle between maps of Jefferson County lands zoned industrial in 2014 and 2024 county zoning reports. Blue parcels indicate land zoned industrial for more than 10 years. Red parcels indicate land zoned industrial since 2014.
Over the past decade, the Jefferson County Commission rezoned 563 acres of rural or residential land for possible industrial use. These maps depict parcels of land with zoning types that allow for industrial development, though some might not be under active industrial use. As of 2024, nearly 6,000 acres are eligible for industrial development — roughly 4 percent of all land in the county.
Learn more about this data. | Graphic Credit: Jack Walker/West Virginia Public Broadcasting
Toxic chemicals detected underground
Included in Sidewinder’s Mountain Pure concept plan is a 2018 geological survey that indicates a plume of two toxic chemicals, trichloroethane and dichloroethene, remains in the groundwater beneath the site.
During the planning commission meeting, residents expressed concern that water usage at the site could produce toxic runoff and contaminate surrounding water reserves. Sidewinder Enterprises did not respond to a written request for comment on this story.
But during the meeting, Nick Wolfe of Triad Engineering spoke on behalf of Sidewinder. He said the company is already engaged in a “voluntary cleanup program” with “restrictions on groundwater use” from the area affected by chemicals.
Wolfe also denied some residents’ claims that “the plume is going to migrate.”
“There is very limited and very low risk of any contamination making it to the production well,” he said.
Community organizations like the Jefferson County First Foundation, a nonprofit that aims to protect the county’s environment and historic integrity, disagree. Last month, the foundation submitted a letter of concerns to the planning commission, urging them to reject or modify the concept plan.
Meanwhile, some Jefferson County residents say they feel tired of waiting for corporations to address their concerns. Instead, they are opting for a new wave of local organizing.
Middleway resident Stacy Chapman stands outside Union Church, built in the 1820s. She points to a nineteenth-century drawing of Middleway by James E. Taylor, which depicts the same structure.
Photo Credit: Jack Walker/West Virginia Public Broadcasting
Middleway turns to grassroots activism
Labor and delivery nurse Stacy Chapman lives in the heart of Middleway’s historic district. Despite her proximity to the proposed Mountain Pure site, she said she did not hear about the project until the company publicly submitted their concept plan.
Seeing the plan, alarm bells went off. Chapman said she was immediately concerned about a further increase in traffic and water usage. So she began knocking on her neighbors’ doors to spread the word about the project, urging them to speak out against it.
“There’s a sense of community here,” Chapman told West Virginia Public Broadcasting. “Families have been here through all those time periods for nearly 300 years. You can feel it when you come here. You automatically feel a part of it.”
Weeks later, that effort has turned into a grassroots watchdog group called Protect Middleway. Its members are urging Sidewinder to take steps toward safety and sustainability to protect the local community. Several of Chapman’s neighbors spoke out during last month’s meeting.
“We know the legacy of the last 300 years of people that have protected it, or it wouldn’t still be here,” Chapman said. “We feel a sense of responsibility to protect it for the next 300 years.”
Gates block entry to a former 3M manufacturing site that California-based Sidewinder Enterprises aims to convert into a water bottling plant.
Photo Credit: Jack Walker/West Virginia Public Broadcasting
From left, Stacy and Nicole Chapman and Jessie Norris review plans for a bottling plant in Middleway. Nicole’s dog Brodie Baggins briefly interrupts the discussion.
Photo Credit: Jack Walker/West Virginia Public Broadcasting
The folks with Protect Middleway say they support businesses and the jobs they bring. Chapman said she wants something to be done with the derelict site Sidewinder purchased.
But they want that project to be environmentally sustainable, with a less pronounced impact on local traffic. The proposed site is a short walk from the same street where Carder’s home was struck, and where residents like Chapman worry about crossing the street.
Some locals, like Chapman’s daughter Nicole, say corporations like Sidewinder are taking away the historic allure and natural beauty that bring people to West Virginia.
“Appalachia and West Virginia take the brunt of environmental impact so that the rest of the country, specifically the heads of corporations, can benefit from it,” she said. “This is just another example in a long line of being in a sacrifice zone.”
Likewise, Middleway resident and Protect Middleway member Jessie Norris said the charm and opportunity that brings newcomers to West Virginia’s Eastern Panhandle requires protection. Without more proactive regulation from elected officials, she believes growth in the county will dry up.
“When you have these precedents set, it makes it easier for other companies — whether they’re from West Virginia or outside of it — to come in and abuse our state and our resources,” she said. “Those resources, as we’re all very well aware, are not infinite.”
The Jefferson County Planning Commission will meet again Dec. 17 at 7 p.m. The meeting will include a public comment period, during which community members can address the commission.
For more information on Protect Middleway, visit the organization’swebsite.
On this West Virginia Morning, we hear from residents of a quaint Jefferson County community organizing against the construction of a local water bottling plant.
Plus, we learn about a piece of legislation that Sen. Joe Manchin, I-W.Va., has proposed in the United States Senate to put term limits on U.S. Supreme Court justices.
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.
Appalachia Health News is a project of West Virginia Public Broadcasting with support from Marshall Health.
West Virginia Morning is 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.
Eric Douglas is our news director. Teresa Wills is our host. 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
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:
