Lawsuit filed over violations during NCWV airport construction project

BRIDGEPORT, W.Va (WDTV) - A Bridgeport homeowners association has filed a lawsuit over alleged violations that occurred during a major construction project of the North Central West Virginia Airport.

The lawsuit, filed in Harrion County Circuit Court by the Maple Lake Club, lists the Benedum Airport Authority, Wolfe’s Exacavating, and The Thrasher Group as defendants.

The 14-page lawsuit details violations issued to the Benedum Airport by the West Virginia Department of Environmental Protection, which the lawsuit claims were due to “the activities of Wolfe’s Excavating and The Thrasher Group.”

The violations occurred during the much-heralded “Move the Mountain” project, launched in June of 2021, that moved an estimated three million cubic feet of dirt to make room for a new airport terminal.

Some of the alleged violations include:

Failure to modify the a Storm Water Pollution Prevent Plan (SWPP) drafted by Thrasher after it proved to be ineffective in controlling pollutants in stormwater discharges associated with the construction project
Failure to comply with the SWPP as several erosion control devices were not in place as detailed by the plan
Failure to prevent sediment-laden water from leaving the site without going throug an appropriate device leading to sediment and other material deposits
Failure to control pollutants and stormwater discharges
Failure to provide inlet and outlet protection for sediment control structures
Failure to properly operate and maintain all activities and failure to follow best management practices
Failure to stabalize clean water diversions prior to becoming functional, causing sediment-laden water to bypass all controls and discharge off-site

The lawsuit also describes visits by WVDEP staff to the Benedum Airport facility and property during which other violations were noticed.

Benedum Airport was cited for violations several times between May and August of 2022, according to the lawsuit.

All of these violations led to sediment and other material deposits in Maple Lake and its tributaries, corrupting the quality and flow of water, causing flooding, property damage, and other problems, the lawsuit alleges.

The lawsuit alleges counts of negligence, interferences with riparian rights and unreasonable use of land, private nuisance. It seeks a jury trial but does not list a monetary amount sought for the alleged damages.

As part of an in-progress investigative report, 5 News repeatedly reached out to airport and county officials regarding the DEP violations. They declined to comment.

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