New River Gorge National River
New River Notes 2006
What's New in the New?
Conservation Groups Appeal Fayette County’s Approval of Housing Development Within New River Gorge
In May, the Plateau Action Network, National Parks Conservation Association, West Virginia Highlands Conservancy, and National Committee for the New River filed a legal appeal of Fayette County’s decision to approve the first phase of Land Resources Corporation’s (LRC) “Roaring River” housing development, proposed along approximately 9 miles next to the New River Gorge National River. The “Roaring River” development would be the largest development in Fayette County.
“People travel here to enjoy the authentic and unique experiences offered by the natural and historic resources of the New River Gorge, not to see suburban developments,” said Erin Haddix, Mid-Atlantic Field Representative for the nonpartisan National Parks Conservation Association.
An analysis commissioned by the National Park Service shows that the New River Gorge National River, along with the Gauley and the Bluestone, has a total economic impact of more than $130 million spending which supports 3,550 jobs, and generates more than $49 million in income.
A technical analysis by the Park Service revealed that 76 out of 484 houses in the developments’ first phase will be visible from popular scenic overlooks and other vantage points in the park. The analysis takes into account variables such as the height of the trees, slope of the land, height of the houses, vegetation, and lot size. In response to an outpouring of public concern at a public hearing last August, the County Commission committed to protecting the Gorge and working with Park Service staff to ensure that the development would not impair the scenic views of the New River Gorge.
While county and LRC officials stated in public meetings and in writing that “no houses will be visible from any ground level vantage point in the park and that this development will not impair the scenic views of the New River Gorge,” neither has provided technical analysis to support this conclusion.
“Economic development and the conservation of the New River Gorge are compatible,” said Gene Kistler, a member of the board of the Plateau Action Network, a Fayette County-based citizens group dedicated to responsible environmental management and economic development. “However, we need sensitive development that does not harm an existing economic engine like the New River Gorge National River.”
The appeal identifies several flaws in the county’s approval. Of fundamental importance, the zoning office discounted the Park Service’s technical analysis, and concluded that the development would not impact the park’s viewshed. This conclusion is based on unspecific site visits, discussion with an unnamed firm, testimony from an unnamed optical expert, and a sightline test provided by LRC in which balloons were set up on approximately 25 lots. However, none of the 25 lots in the sightline test were among the 76 lots identified as in the scenic view by the Park Service technical analysis.
The county’s approval also states that it did not have the ability to remove lots from the plan because of the impact on scenic views, although this right is clearly defined in the County’s Unified Development code which states that “reasonable requirements for the preservation of outstanding natural features [including exceptional views] may be specified.” The protection of scenic views is also referenced in the County’s Comprehensive Plan. The county’s approval also incorrectly asserts that the removal of any building lots in the plan could possibly require the county to compensate the developer. This is contrary to a ruling by West Virginia Supreme Court of Appeals that “land use regulations will not constitute an impermissible taking of property.”
“We would not oppose the first phase of this subdivision if LRC honors its commitment to protect New River’s priceless scenic views by removing the 76 lots of concern from its plan,” said Haddix and Kistler. “We need greater protection for our national parks.”
On July 19th, Judge Paul M. Blake Jr. of the Fayette County Circuit Court heard the case. He will be deciding in the near future whether the appeal will be heard by the Board of Zoning Appeals of the Planning Commission. For more information on where and when the appeal will be heard contact Erin Haddix, NPCA’s Mid-Atlantic Field Representative at ehaddix@npca.org or 202-454-3916.
Town of Fayetteville Approves “New River Gorge Preserve” Development
Despite the strong concerns voiced by the National Park Service, NPCA, Plateau Action Network, West Virginia Rivers Coalition, local citizens, and others the Fayetteville Town Planning and Zoning unanimously recommended the approval of the first plat for the “New River Gorge Preserve” on July 14th.
Many expressed concern about the impact of the lots included in this development that are closest to and spill over into the Gorge. The National Park Service (NPS) analysis showed that these lots, including about 27 lots in this first phase, would be visible from several popular locations within the national river including the New River Bridge and several climbing areas.
NPCA and others did not object to the entire development. In fact, there were many steps that the developer took that were positive. In our testimony on July 14, we noted that we were happy to hear that he would be placing the lands below 1600’ elevation in a permanent conservation easement, that we appreciate the development’s requirements for use of natural materials, the restrictions on tree-cutting, the defined building envelopes, the orientation of the roof lines, the program to address the hemlock wooly adelgid, and the general ethic encouraged in his community as methods to help reduce the impact of his development on the viewshed of the New River Gorge National River.
While we appreciate the efforts that the developer has made to make this development more compatible with its spectacular setting next to one of America’s crown jewels, key improvements in the plan remain necessary.
We have encouraged the developer to continue to work with the NPS and others to find an amenable resolution of the remaining serious concerns of the impacts of this development on this national treasure. We will continue to work with the developer to mitigate the impacts of this development on the New River Gorge National River.
National Park Service is updating the General Management Plan For the New River Gorge
The park is in the process of rewriting its General Management Plan (GMP), a document that will guide park management decisions concerning this national treasure for the next 20 years.
The National Park Service (NPS) has held several series of open houses to get input from the public on several topics including: what is the value of the park? what is their vision for the park’s future? and what issues should be addressed in the GMP?
The number one issue that the public identified as an issue in the New River Gorge was water quality. Other issues that were ranked highly included development of trails for hiking, biking, and riding; new residential development adjacent to and within the park boundary and its impact on park values; and that the park boundary does not protect the significant natural and scenic resources.
Get Involved! There will be more public meetings and public review before the GMP is finalized. Contact the park and ask to be on their GMP mailing list. Also you can visit: http://parkplanning.nps.gov/ and chose New River Gorge from the drop down menu. This site will also give you dates of upcoming meetings.
Explore your Park
Long Point Trail
This summer my fiancé and I headed down to the New River Gorge on a long weekend to do some climbing. It rained all weekend…it would clear only enough for us to think it might dry out before it started to pour again. It was because of this deluge that we discovered the Long Point Trail. It was a great hike through the beautiful and unique forests of southern West Virginia to an amazing scenic view. Despite the rain, we loved our visit and this hike made our trip. --Erin Haddix, NPCA Field Representative
Trail Description: The trail is 1.6 miles each way and is fairly flat. It does lose (and thus you must walk up) 300 feet right before you reach Long Point.
To reach the Long Point Trailhead:
The Long Point Trailhead is reached via Gatewood Road. From U.S. Route 19, follow Route 16 South through the town of Fayetteville. Take a left on Gatewood Road (sign indicating Kaymoor and Cunard). Follow this road for 1.9 miles, and turn left on Newton Road. Parking is 50 yards down on the left. For more information and a map please visit: http://www.nps.gov/neri/long_point.html
Empowering Events
October 21, 2006 Bridge Day
Join us for Bridge Day! We’ll have a table where Bridge Day participants can learn more about how to help protect the New River Gorge and national parks across the country.
General Management Plan Meetings
Check the following website for an update schedule of public meetings surrounding the New River Gorge National River. The most recent round was July 25th-27th. Look for more meetings this winter.
