The Court Rejects Focus Tamworth Claims as “Unpersuasive”
The Court Supports the ACOE and CMI’s Operational Plan and the Proposed
Sound Limits as Fair and Reasonable

TAMWORTH, NH – The United States District Court, District of New Hampshire, has denied Focus Tamworth’s appeal of the US Army Corps of Engineers (ACOE) Federal Wetland Permit issued under Section 404 of the Clean Water Act to Club Motorsports (CMI).  The Court completely rejected all Focus Tamworth’s positions and arguments, and fully supported the ACOE’s and Club Motorsports’. 

Almost fourteen months after the permit was first issued, an appeal was filed by members of the opposition group, Focus Tamworth on October 2, 2006.   The Court noted that Focus’ only challenged the federal wetland permit on the sound limits reviewed and approved by the ACOE and did not challenge the findings concerning the approval to fill the wetlands.  In its written opinion dated February 14, 2008, the Court stated, “…the Corps adequately explained its conclusion that the restrictions proposed by (Club) Motorsports represented a fair and reasonable balance between the needs of the developer, the desires of the community, and the overall well-being of the local environment.”

“We are very pleased that the Court has upheld the ACOE’s decision to issue our project a federal wetland permit,” said CMI President Jim Hoenscheid.   “For over eighteen months, the ACOE conducted a rigorous and exhaustive review of our application.  The ACOE reviewed the application and was not influenced by speculation, hypothetical scenarios, or irrational fear about the project.  The Corps applied their expertise when reviewing the project’s engineering designs that protect both the surface and subsurface water.  When reviewing the non-wetland related topics including sound, the ACOE appropriately compared our project to other road courses and motorsports country clubs and took into account many other factors including the existing commercial/industrial businesses that surround our property and other activities that generate noise everyday in Tamworth.  As we stated in September of 2005 when the Corps first issued CMI the federal wetland permit, we are proud that our project meets and exceeds the high standards and requirements of the federal permit.  With the Federal Court’s own eight month review and decision to uphold the CMI permit, our position has been validated.  Moreover, when CMI is afforded an independent and comprehensive review, CMI has proven the project will not harm the surrounding environment.

“Two separate and distinct arms of the federal government conducted a thorough review and approved the sound limits outlined in the CMI Operating Plan.  As supported by the ACOE permit and the Court’s decision, ‘...the operation of the Motorsports’ facility subject to the proposed noise limits would not have an unacceptable adverse effect on municipal water supplies … wildlife, or recreational areas.’   In terms of sound limits at Lime Rock, the Court noted that the facility operates as a “hybrid” with both restricted days and numerous unrestricted or unlimited days.  The Court commented that it suspected that the plaintiffs (Focus Tamworth) would be far less content with a change from the CMI Operating Plan approved by the ACOE to the actual sound generated at Lime Rock.   Based on the decision by the ACOE and the Federal Court, the Focus Tamworth’s proposed sound limit of 69 decibels maximum at the CMI property line would be completely arbitrary and capricious.  The ACOE and the Court both saw through Focus’ weak arguments and illogical conclusions.”
 
 
In its February 14, 2008 ruling, the Court made the following noteworthy findings:
• “Interestingly, plaintiffs’ challenge is not related to any potential adverse effects the proposed facility might have on water quality in the area.”  
• “The administrative record in this case consists of more than 4,500 pages, divided into nine volumes.  Plaintiffs do not assert (nor is there any suggestion in the record that) the Corps’ failed to consider all the evidence presented to it.”  
• “Here, the court cannot conclude that the Corps acted outside the scope of its wide discretion in issuing the permit.”
•  “…after carefully reviewing the record before it, the Corps provided a reasonable, logical, and thorough explanation for it’s decision to accept (Club) Motorsports’ proposed operating plan.”
•  “In light of the record of evidence on sound restrictions at similar facilities, and the various expert opinions relating to sound generation at (Club) Motorsports’ facility itself (including Mr. Cowan’s suggestions), it was not unreasonable, nor was it an abuse of discretion, for the Corps to conclude that  (Club) Motorsports’ proposed operating plan was acceptable.”

In addition to the federal wetland permit, CMI has secured all required federal and state environmental related construction permits for both the construction and operation of the motorsports country club.  In 2004, the New Hampshire Department of Environmental Services (NH DES) issued both a “Wetlands and Non-Site Specific Permit” and an Alteration of Terrain or “Site Specific” Permit to CMI.  In April 2005, NH DES denied the opposition group, Focus Tamworth’s appeal of the state wetland permit.  In 2005, NH DES issued a Water Quality Certificate that further demonstrates CMI’s ability to protect both surface and ground water resources.   CMI is currently appealing the town’s denial of two permits under the Tamworth Wetland Ordinance including the recent decision to deny CMI access to the property.

A first-of-its-kind concept for New England, the Valley Motorsports Park development is located in wooded land on the north face of Mount Whittier off Route 25 in Tamworth, approximately two miles west of the intersection of Routes 25 and 16.  Described as a “ribbon through the woods,” the road course would be available for use by its members, much like a golf course country club.  The $28 million purpose built development includes a more than three-mile, 18-turn, European-style road course for drivers and motorcyclists to develop and practice their driving skills and attend performance and safety driving schools.  For more information on Valley Motorsports Park or Club Motorsports, Inc., visit www.clubmotorsports.comor call (603) 437-3278.
     

Editors – For a PDF version of the Court’s Opinion, please contact Jim Hoenscheid at (603) 437-3278 x207 or email him directly at jimh@clubmotorsports.com.