FOR IMMEDIATE RELEASE
State and Federal Agencies Extend Wetland Permits
TAMWORTH, NH – The NH Department of Environmental Services (NHDES) and the United States Army Corps of Engineers (ACOE) have each granted an extension to the Club Motorsports Inc. (CMI) wetland permits.
On March 25, 2009, NH DES issued a four year extension on CMI’s state wetland permit thus making the permit valid through July 29, 2013. The opposition group, FOCUS: Tamworth (FOCUS) filed a reconsideration request with NH DES. On August 10, 2009, NH DES denied the FOCUS reconsideration request upholding the decision to grant the extension. On April 22, 2009, the ACOE granted a five year extension on CMI’s federal wetland permit with the permit valid through December 31, 2015. All elements and requirements of both permits remain in effect. The other state permits issued to CMI including the Water Quality Certificate and the Alteration of Terrain or Site Specific permit remain valid and in good standing.
NHDES originally issued the “Wetlands and Non-Site Specific Permit” (also known as the Dredge and Fill Permit) for the project’s wetland impacts in July 2004. The review included multiple site visits and revisions to the original design as well as a complete response to questions and concerns raised by the Tamworth Conservation Commission (TCC). Wetland delineations on CMI’s property were agreed upon by NH DES, the ACOE and the TCC after numerous site visits and the review of multiple wetland and soil scientists. In a related April 2005 ruling, the NH DES Wetlands Council voted 8-0 to deny the appeal of the Wetlands Permit, which was filed by FOCUS. The ACOE permit was issued for the project following more than 18 months of rigorous review under Section 404 of the Clean Water Act. The review included multiple ACOE site visits to verify wetland delineations; two public comment periods to address key public interest factors, as well as a full public hearing in Tamworth. Focus challenged the federal wetland permit in US District Court; however, the Court denied Focus Tamworth’s appeal ruling their arguments were “unpersuasive.”
“We are extremely pleased that both agencies have extended the permits and they remain valid,” said CMI President Jim Hoenscheid. We thank the NH DES and the ACOE for their thorough and unbiased review. We recognize both agencies have made a tremendous effort to carefully follow their stringent process. The technology and techniques we will use to protect the environment go above and beyond what are required. Club Motorsports remains dedicated to building a world-class motorsports country club and we feel our persistence will be rewarded.”
Concerning CMI’s appeals on the two applications under the Tamworth Wetland Ordinance (TWO), on August 1, 2008, the Carroll County Superior Court ruled in favor of CMI. The Court ruled the Tamworth Planning Board was unreasonable in their review and denial of the CMI’s Special Use Permit application (see CMI press release August 8, 2008 for details). Focus has challenged the decision of the Superior Court to the New Hampshire Supreme Court. At this time, the case has not been scheduled for oral argument. CMI is currently appealing the town’s denial of a second permit application filed on December 8, 2006 seeking approval to access the property (see CMI press release dated 11/21/2007 for more information.) CMI filed this application in response to the Planning Board’s failure to review the wetland crossings associated with access ways and roads in the first application. In this application, CMI was denied approval to impact only 674 square feet of “low-valued” wetlands to build access roads. No other land owner in Tamworth has been denied a permit to access their property except CMI. In July 2008, CMI filed for Summary Judgment; asking the Court to overturn the decision by the Planning Board and grant CMI access to the property. At this time, there is no information from the Carroll County Superior Court on the Summary Judgment motion or the scheduling of this case.
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 motorsports enthusiast 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.
